Contest Rules
AMERICA’S FUNNIEST HOME VIDEOS
OFFICIAL CONTEST RULES
SEASON XXXV – 2024/2025
(Revised 8/29/24)
I. GENERAL DESCRIPTION
Cara Communications Corporation (d/b/a Vin Di Bona Productions) is the sponsor of the Season XXXV contest (“Contest”) and the producer (“Producer”) of “America’s Funniest Home Videos” (the “Program” or “AFV”), a television series featuring home videos and seeking submissions by members of the public of their home videos showing funny and/or unique events for initial broadcast on the ABC Television Network owned by American Broadcasting Companies, Inc. (“Network” or “ABC”). At Producer’s sole discretion, submitted videos may also be posted by Producer on, but in no way limited to, the AFV.com website, the official AFV (@AFVOfficial) fan pages on Facebook, Twitter, Instagram, Snapchat, TikTok and/or Youtube.com/afvofficial, and may be further used as stated herein and/or in the submission materials. Only videos conforming to Network’s Broadcast Standards and Practices, as determined by Producer and Network in their sole discretion, will be eligible for consideration in the Contest.
The Contest is currently intended to consist of: (i) approximately seventeen (17) contestant shows, each with a first, second and third prize awarded for the best videos in each show (each a “Contestant Show”); (ii) two (2) One Hundred Thousand Dollar (USD $100,000) prize shows (each, a “$100,000 Show”); and (iii) one (1) grand prize award show (“Grand Prize Award Show”). See sections IV, V and VI for information on criteria, voting, and prizes. All monetary prizes shall be paid in U.S. Dollars unless otherwise determined by Producer in its sole discretion. The Contestant Shows will be divided into two (2) blocks. Each block will consist of between eight (8) and nine (9) Contestant Shows, and will be followed by a $100,000 Show, which will feature the first place winners from each of the Contestant Shows in the corresponding block of Contestant Shows. The number of videos per show and/or total number of shows in the Contest or per block are subject to change in Producer’s sole discretion. If the 2024 – 2025 season of the Program is unable to be completed due to any event of force majeure or other forces beyond Producer’s control, Producer reserves the right not to award any or all of the prizes set forth above. Please see section VII of these rules regarding additional rules for awarding of prizes.
II. PROCEDURES FOR SUBMISSION
1. Persons wishing to enter may upload as many different home videos as they wish on the AFV website at www.AFV.com/upload by following the instructions on the website or via the AFV mobile applications for Android and iOS (iPhone, iPad, and iPod Touch) available for free download on Google Play or the iTunes App Store, respectively by following the instructions in the application, or via the AFV Official Facebook fan page by following instructions on the fan page. Submitting videos(s) on the aforementioned digital platforms and agreeing to the terms of service thereof transfers exclusive ownership in the submitted video(s) to Producer as of the date/time of acceptance of such terms of service and supersedes any prior agreements relating to ownership or otherwise entered in to by the submitter, owner, and/or persons appearing in the video with any other third party or entity.
2. Videos will be reviewed on an ongoing basis. See section VIII for information on deadlines. Regardless of the means of submission of the video, submitter (and/or Entrant) hereby agrees to execute all additional paperwork and/or agreements as required by Producer to further memorialize and/or record the transfer of ownership and/or any other rights or permissions granted to Producer.
3. At times Producer may invite themed submissions via “Assignment America” or similar types of solicitations, some of which may be through social media platforms (e.g., asking viewers to post videos with designated hashtags or otherwise on certain social media sites) (individually or collectively, “Themed Solicitations)”. All videos submitted, posted or otherwise made available to Producer in response to a Themed Solicitation shall nonetheless remain subject to all submission procedures and eligibility requirements contained herein in order to be eligible for the Contest, including, without limitation, the requirement that a video be submitted through AFV.com in order to be eligible for the Contest.
4. All submissions become the sole property of Producer and may be used in any manner, commercial or otherwise, including without limitation in the Program or any other Program, in any and all media and/or technologies now known or hereafter devised throughout the universe in perpetuity. Entrants should keep a copy of their submissions.
5. Videos shot for commercial distribution and/or commercial broadcast purposes are not eligible for any prizes. AFV is broadcast in High Definition (HD) so, if submitting videos via the AFV.com website, or the AFV Official fan page on Facebook, or via the AFV mobile applications for Android OR iOS, Entrants should submit the highest quality video file up to 2 GB. The recommended and preferred specifications are 30 or 60 Frames Per Second with 1920×1080 or 1280×720 Resolution. Other resolutions and Frames Per Second are acceptable. Acceptable file formats are: MPEG (.mpg/.mpeg/.m4v), QuickTime Movie (.mov), AVI (.avi), and Windows Media Video (.WMV). Producer particularly recommends MPEG4 (MPG) compression types (CODECS) such as H.264, DivX, Xvid, and AVC. The recommended length is up to 10 minutes. Message and data rates may apply for videos submitted via the AFV mobile applications; Entrants are responsible for all fees incurred through their wireless device associated with participation in this Contest. Entrants should consult their wireless service provider for details regarding their message and data plan(s). Instructions for uploading the videos can be found on the “America’s Funniest Home Videos” website at: www.AFV.com/upload, and on the AFV Official fan page on Facebook, and in the AFV mobile applications for Android and iOS. Entrant understands and agrees his/her video submission may receive exposure on AFV.com and/or Youtube.com/afvofficial and/or other websites, platforms and media as Producer determines in its sole discretion and may be subjected to comments and popularity ratings from the public at large. Producer is not responsible in any manner for any remarks posted by the public pertaining to an Entrant or an Entrant’s video. Additional information regarding online submissions may be available at AFV.com.
6. Videos that purport to be spontaneous must be so, or Entrant must explicitly disclose the circumstances of the taping at time of entry.
7. Each entrant acknowledges and agrees that Producer reserves the right to edit or otherwise alter each video for any reason, including but not limited to, in order to incorporate or append the Program’s graphics, for creative reasons, for technical reasons, to comply with Network’s broadcast standards and practices, and/or in order to convert the video into a broadcast-quality video for potential on-air broadcast.
8. Producer’s decisions regarding all Contest matters are made in Producer’s sole and absolute discretion and are final and non-appealable. All submissions are subject to the terms of these rules and all Entrants agree to be bound by these rules and Producer’s decisions. Producer reserves the right in its sole discretion to amend these rules at any time and Producer will post the revised rules on AFV.com. Due to the ongoing nature of the Contest, the rules are updated several times throughout the season; please review them on AFV.com frequently. The rules in effect at whatever time the submission is judged will apply regardless of submission date.
9. Producer reserves the right to alter the number of contestants displayed in each show and the number of Contestant Shows in each block at any time.
10. Producer is not responsible for Internet system and hardware failures; delayed, incomplete or unsuccessful transmission of video or other entry information; technical malfunctions of any kind; human error; information loss and downtime; or any costs, losses, liability or damages resulting from any such failures. In the event of any such technical difficulty, malfunction or error, Producer reserves the right, in its sole discretion, to take such actions as it deems appropriate in keeping with the fairness and integrity of the Contest, including without limitation a determination to take no action.
III. ELIGIBILITY
1. Employees of Cara Communications Corporation, d/b/a Vin Di Bona
Productions, ABC, Disney Destinations, LLC (“Disney”), each of their respective parent, subsidiary, and affiliated companies and anyone involved in the production or administration of the Contest and/or the Program, as well as the immediate family/same household members of any of the foregoing individuals are not eligible to enter or to win any prizes. “Immediate family members” shall mean parents, step-parents, children, step-children, grandchildren, step-grandchildren, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) non-consecutive months a year, whether related or not.
2. The Contest is open only to legal residents of the 50 United States,
the District of Columbia and Canada (excluding Quebec), and to active members of the United States Armed Forces who are deployed abroad (excluding such persons who are otherwise legal residents of and/or deployed in the geographical areas listed below) and their immediate family members residing with them. Void in Quebec, Guam, Puerto Rico, U.S. Virgin Islands and other U.S. territories and possessions, and where prohibited or restricted by law.
3. Producer reserves the right to modify existing eligibility criteria, including, without limitation, geographical and age restrictions.
4. Entrant must be 16 years of age or older as of the date of entry. Written
parental consent will be required for persons under 18 (or who are not of the age of majority in their state of domicile) for their entries to be considered.
5. Entrant (and, any person appearing in the entry) must not be a candidate
for public office and must agree not to become such a candidate for a period of eighteen (18) months from the date of the initial airing of the final episode in which the Submission appears.
6. To be eligible for the Contest, a video must not have been broadcast on national television prior to its first appearance on the Program. Notwithstanding the foregoing, if Producer determines that a video was exposed on national television without the knowledge or involvement of the Entrant, Producer may, in its sole discretion and in keeping with the fairness and integrity of the competition, permit the video to maintain its eligibility for the Contest.
7. After submission of Entrant’s video, it must be exclusive to Cara Communications Corporation, d/b/a Vin Di Bona Productions. Entrant agrees to complete all additional forms required by Producer and further must be able to grant to Producer all rights set forth in such forms, including without limitation, the consent forms and/or other releases as required by Producer (collectively, the “Releases”). For the sake of added clarity, Producer’s requirement related to completion of Releases is not intended to, and does not, alter the fact that exclusive ownership of the video is granted to Producer upon the Entrant’s agreement to the online terms of service.
8. If an Entrant’s submitted video was posted on an internet website(s) before or after the date of submission to Producer, Producer reserves the right to have Entrant remove the video from any website for any reason, including which, in Producer’s determination, if remaining on such a website would bring Producer, the Network, the Contest or the Program into public disrepute, contempt, scandal or ridicule, or which reflects unfavorably upon Producer, the Network, the Contest, the Program or any sponsor of the Program or the Contest. Producer reserves the right to disqualify entry at any time if Entrant fails to remove Entrant’s video from a website as so directed by Producer.
9. Each Entrant acknowledges and agrees that his/her submission may or
may not receive exposure in any or all types of media, including without limitation social media sites, news, and entertainment sites (collectively, the “Media”), that competing submissions may receive more or less exposure in the Media prior or subsequent to submission to AFV, and that Producer, ABC and/or third parties may initiate, assist or cooperate with Media requests or exposure in connection with any submission(s). Entrant understands, agrees and assumes the risk that Media exposure of his/her submission, if any, may not be the same or commensurate with that of other competing submissions. Entrant explicitly acknowledges and agrees that the Releases provided to Producer by Entrant shall cover any claim, expense or liability arising from or relating to such Media contact or exposure, or the lack thereof. Entrant agrees that he/she will report all requests for interviews or any other direct or indirect Media contact to Vin Di Bona Productions for approval, in Producer’s sole discretion, prior to participating in any interview or other Media contact.
10. The order in which videos are presented in a Contestant Show, and the order in which Contestant Shows are broadcast will be determined in
Producer’s sole discretion.
11. All Entrants agree that neither Producer nor ABC is responsible for any error, omission, interruption, delay, deletion or defect with respect to the transmission and/or broadcast of any program including, without limitation, any local, regional or national preemption (whether partial or total). All Entrants expressly assume the risk of program preemptions, which may occur nationally or in certain local markets including without limitation in the market in which a prize finalist may reside. Any such preemption(s) may occur at any time and may affect, in whole or in part, the airing of any episode. The preempted episode(s) may or may not be broadcast at an alternate time and the date and time of such rescheduled broadcast, should it occur, may or may not be announced in advance and may or may not draw the same number of viewers as the originally scheduled date and time. Producer may at its sole option elect to disregard any such preemption in administering the Contest or take any other measures it deems suitable to address any such preemption.
12. Producer reserves the right to at any time change voting eligibility and procedures.
13. In addition to the rights granted when uploading submissions to AFV.com, or any other electronic form of submission, Entrants whose videos are chosen for possible inclusion in an episode of the Program must sign a Release and Indemnity in the form presented by Producer attesting, among other things, to the fact that they are the rightful owners of the submitted videos and that the video may be submitted and broadcast, and ownership transferred to Producer, without obtaining permission from or making any payment to any third party. Notwithstanding the foregoing or anything to the contrary herein, Producer’s requirement related to completion of the aforementioned Releases is not intended to, and does not, alter that exclusive ownership of the video is granted to Producer upon the submitter’s agreement to the online terms of service. Any submission containing third party content may be subject to disqualification. All persons submitting a video or appearing in or heard in a video must grant, or must have granted, all necessary rights as required by Producer, which may require, without limitation, signing the applicable Release(s) (which shall, among other things, grant to Producer the ownership rights in the video(s), and/or and the right to use such person’s name, voice and likeness in any manner, commercial or otherwise, and in any and all media and/or technologies whether now known or hereafter devised throughout the universe and in perpetuity, including, without limitation, for programming, promotional and advertising purposes), and may be provided to submitter after agreeing to the applicable online terms of service and submission applications and grants of rights but before the submission can be eligible for prize awards. Failure to provide requested Releases and/or consents may result in disqualification of Entrant. Notwithstanding the foregoing or anything to the contrary herein, and without limitation of the rights granted to Producer, the submission of a video constitutes the Entrant’s permission to use the video and the name, voice and likeness of the Entrant, as well as the Entrant’s representation that he/she has obtained all necessary permissions and approvals to use the video and the name, voice and likeness of all persons appearing in the video, in and in connection with the Program and any and all other exploitations thereof or otherwise, including, without limitation, for programming, advertising and promotional purposes, in all media and/or technologies, now known or hereinafter created.
14. Each submission must be solely the original work of Entrant(s)/submitter(s) and/or each Entrant represents that his/her submission does not infringe on any third party’s copyrighted material trademark or other intellectual property rights, or privacy or publicity rights.
15. By submitting an entry, each Entrant agrees to release, discharge, defend and hold harmless Cara Communications Corporation d/b/a Vin Di Bona Productions, American Broadcasting Companies, Inc., Disney Destinations, LLC, the broadcasters/distributors of “America’s Funniest Home Videos” each of their respective parent, subsidiary, related and affiliated companies, and each of their respective licensees, successors, assigns, officers, directors, employees, members, partners, agents and representatives (collectively, the “Released Parties”), from and against any claim, expense or liability arising from or related to submission, exhibition or exploitation of the entry, participation in this Contest, appearance on the Program, or otherwise and/or acceptance or use or misuse of any prize (including any travel or activity related thereto) or any breach or threatened breach by Entrant of any provision, representation, warranty or obligation made hereunder.
16. Each Entrant agrees that his/her participation and submission shall be governed by and construed under and in accordance with the laws of the United States and of the State of California applicable to contracts entered into and wholly performed therein. Each Entrant consents and agrees to the exclusive jurisdiction and venue of the federal and state courts of the State of California, located in the County of Los Angeles. Any claims shall be resolved individually, without resort to any form of class action, and all such claims shall be limited to actual out-of-pocket costs incurred, but in no event to include attorneys’ fees.
IV. JUDGING CRITERIA
1. Videos will be judged by Producer on the basis of humor and/or uniqueness. Examples of videos that have been considered include those showing silly blunders at social occasions; unexpected foul-ups involving children; animal antics; slip-ups during sports or vacation activities; bloopers during plays, recitals, parades or speeches; practical jokes; natural phenomena; and life’s annoyances. From time to time, the Producer may request home videos on specific topics, such as for the show’s “Assignment America” requests. Such submissions will be included with the general submission pool for Contest purposes and will compete with the general submission pool for any prizes unless otherwise stated. All videos must conform to Network’s Broadcast Standards and Practices policies, based on Producer’s and Network’s judgment, as they determine in their sole discretion.
2. Producer will select videos for inclusion in each Contestant Show as follows:
A. Each video will be assigned a unique number, and stored in a database along with submitter information.
B. Producer’s representatives will conduct an initial review (the “Initial Review”) of all submissions and will (as determined by Producer in its sole discretion) advance those videos reflecting a sufficient level of humor and/or uniqueness to warrant further consideration. Any video which does not advance past Initial Review will be rejected for use as a contestant video at that time. Producer reserves the right to reevaluate any submission at any time, but has no obligation to do so.
C. Producer will view videos that are advanced beyond Initial Review for possible consideration in a particular show.
V. CONTESTANT SHOWS ($20,000)
1. The voting procedure for the Contestant Shows will be as follows, unless otherwise specified:
A. Of the videos included in each Contestant Show, Producer will select three (3) finalists based on humor and/or uniqueness as determined by Producer in its sole discretion. Prior to the taping of the show, Producer will employ a third-party polling firm (“Polling Firm”) to conduct voting by engaging a random sample of participants (“Participants”) throughout the country to serve as voters. Participants will vote for their favorite video from among the three (3) finalists using an online survey system (or an alternate voting system, as determined by Producer). The first, second and third prizes will be awarded based on the number of valid votes cast for each of the three (3) finalists.
B. In the event of a tie for the $20,000 prize, the vote will be taken again, between the tied entries, with a different set of random Participants, until the tie is broken. In the event of a tie for second place, both videos will receive the second place prize money (and there will be no third prize awarded).
C. Producer or Polling Firm (in Producer’s sole discretion) will pre-screen potential voting Participants and obtain signed affidavits in which voting-eligible participants must attest: (i) that they are not related to or acquainted with, in fact or by reputation, any of the individuals who submitted, shot or appear in any of the finalist videos; and (ii) that they have no familial or household relationship to the Producer, the AFV contestants, ABC, Disney, or any parent, subsidiary and/or affiliated company of any of the foregoing entities or any employee of any of the foregoing entities. Potential Participants with any relationship to AFV contestants and audience members who are employees, representatives or agents of Cara Communications Corporation, d/b/a Vin Di Bona Productions, ABC, or the parent, subsidiary, and/or any affiliated companies of any of the foregoing and anyone involved in the production, administration or judging of the Contest, as well as immediate family/same household members of anyone so employed or engaged are ineligible to vote.
2. Producer reserves the right to use alternate judging and/or voting procedures, as determined by Producer, for any show or segment including, without limitation, for any Contestant Show, special shows or segments, in Producer’s sole discretion.
3. For the Contestant Shows, the first prize for each Contestant Show is $20,000. Second prize is $6,000. Third prize is $4,000.
4. Videos included in a Contestant Show and telecast are not eligible for first, second or third place prize in future Contestant Shows. At Producer’s sole option, any video may be retained and considered for use and reuse, and used and reused, in any subsequent edition of the Program, any other program or production, and/or for ancillary or other use in any and all media and/or technologies now known or hereafter devised throughout the universe in perpetuity.
VI. $100,000 SHOWS AND GRAND PRIZE AWARD SHOW:
1. The season’s Contestant Shows will be divided into two (2) blocks as set forth above, at Producer’s sole discretion. The first place winners from each Contestant Show within each block will compete for a prize of $100,000.
2. The criteria for selecting the prize winner of each block in the $100,000 Shows will be humor and/or uniqueness.
3. The two (2) winners of the $100,000 Shows will compete as set forth below for the opportunity to win a vacation to the Disneyland® Resort (“Grand Prize”) in the Grand Prize Award Show. Attachment “A”, attached hereto and incorporated herein by this reference, includes full details, conditions and restrictions relating to the Grand Prize.
4. Producer reserves the right to not award a $100,000 prize, and/or the Grand Prize, or to reduce or substitute for the announced prize, and/or to modify the means by which a winner will be selected if the Program and/or any episodes are cancelled or cannot be completed prior to the completion of all Contestant Shows in a block or for any other reason outside of the control of Producer and/or Network (e.g., event of force majeure). Further, any reference in this paragraph or otherwise to a contestant (“Contestant”) competing in a prize show or other episode or contest shall be subject to Contestant not being in breach of any provision of this Agreement or any related agreement, or the rules and/or policies of the Contest, AFV or Network.
5. The voting procedure for the $100,000 Shows and the Grand Prize Award Show will be as follows, unless otherwise specified:
A. The videos will be screened for members of the public at a venue, date(s) and time(s) to be determined by Producer, or alternatively, Producer will employ a Polling Firm to conduct voting by engaging a random sample of Participants throughout the country to serve as voters via an online survey system, provided the method for the voting procedure shall be in Producer’s sole discretion. The videos will be shown in random order without added voice-over or effects. The video receiving the greatest number of valid votes will be deemed the winner.
B. Producer or Polling Firm (in Producer’s sole discretion), will pre-screen potential voting Participants and obtain signed affidavits in which voting-eligible Participants must attest: (i) that they are not related to or acquainted with, in fact or by reputation, any of the individuals who submitted, shot or appear in any of the finalist videos and (ii) that they have no familial or household relationship to the Producer, the AFV contestants, ABC, Disney Destinations, LLC, or any parent, subsidiary and/or affiliated company of any of the foregoing or to any employee, officer or director of any of the foregoing. Potential Participants with any relationship to AFV contestants and audience members who are employees, representatives or agents of Cara Communications Corporation, d/b/a Vin Di Bona Productions, ABC, or the parent, subsidiary, and/or any affiliated companies of any of the foregoing and anyone involved in the production, administration or judging of the Contest, as well as immediate family/same household members of anyone so employed or engaged are ineligible to vote.
6. Producer reserves the right to use alternate judging or voting procedures for the $100,000 Shows and/or the Grand Prize Award Show as determined by the Producer in its sole discretion. Producer shall make such determination and announce to applicable Contestants prior to any vote being held.
VII. PRIZES
1. Subject to the terms herein, cash prizes will be awarded to the Entrant(s) up to ninety (90) days after the initial broadcast in which their video appeared, provided that the Entrant(s) certify and establish to Producer’s satisfaction that they are the owner(s) of the video and further provided that they have complied with these Official Rules and have signed all necessary Releases and any other forms as determined by Producer.
2. The Grand Prize consists of one (1) vacation at the Disneyland® Resort for the Grand Prize winner and up to seven (7) guests of the Grand Prize winner’s choosing. The approximate retail value of the Grand Prize, including the cash award, is $40,434.70 (USD) (as further detailed in Attachment “A” below). Producer reserves the right to substitute a prize of equal or greater value if the Grand Prize, or any portion thereof, is unavailable for any reason.
3. In the event that a winning video has more than one owner, Producer will divide and distribute any cash prize attributable to such video in the applicable Contestant Show and, if applicable, the $100,000 show, among the owners of such video (regardless of who submitted the video) so that each owner will receive an equal dollar amount. In the event the video that wins the Grand Prize has more than one (1) owner, Producer will divide and distribute the elements of the Grand Prize described herein among the owners of the video in a manner Producer deems equitable in its sole and absolute discretion. Only one (1) Grand Prize will be awarded for best video in the Grand Prize Award Show, regardless of the number of owners of the winning video.In all instances, potential prize winner(s) will be required to sign any forms required by Producer in order to receive a prize. Winners of any prize are solely responsible for all applicable foreign, federal, state and local taxes.
4. If the anticipated full complement of episodes for the 2024 – 2025 television season is not completed for any reason, including without limitation, as a result of program cancellation or labor dispute, Producer reserves the right to terminate, suspend and/or modify the competition, award the prizes by any other means Producer deems appropriate, and/or limit, reduce or not award the announced prizes. Thus, for example, if for any reason the anticipated complement of episodes of qualifying Contestant Shows has not been completed in any block of shows, Producer reserves the right in its sole discretion to not produce the $100,000 Show and not award the $100,000 prize for that block of Contestant Shows. If there are fewer than two (2) qualifying $100,000 Show winners, then Producer, in its sole and absolute discretion, may decide not to produce a Grand Prize Award Show and not award the Grand Prize, or to award the Grand Prize via alternate means. In all instances, in order for the applicable prize to be awarded for a Contestant show, or a $100,000 Show, the episode underlying must be produced and telecast.
5. A prize of one (1) AFV t-shirt shall be awarded to an Entrant if their video is broadcast for the first time on an AFV episode during the 2024 – 2025 season. Only one (1) t-shirt per video is allotted. If mailing address and/or contact information for the Entrant is no longer valid, Producer is not responsible for delivery of the t-shirt.
VIII. CONTEST DEADLINES
1. The deadline date for the first Contest block of the 2024 – 2025 season is October 14, 2024. The deadline date for the second Contest block of the 2024 – 2025 season is yet to be determined, but will be announced in advance of the deadline for submission. Check these rules on AFV.com frequently for updates. It is any submitter’s sole obligation to check the rules for updated submission dates, Producer assumes no liability for any submitter’s failure to do so. All videos must be received by Producer on or before the applicable deadline date to be eligible for inclusion in that block.
Deadline dates are subject to change at Producer’s sole discretion.
For more information: go to AFV.com, or call (310) 442-5600.
ATTACHMENT “A”
GRAND PRIZE DESCRIPTION
ONE (1) GRAND PRIZE –VACATION PACKAGE AT THE DISNEYLAND® RESORT
1. One (1) Grand Prize will be awarded to the Grand Prize winner (the “Grand Prize Winner”) of the 2024 – 2025 America’s Funniest Home Videos Season XXXV video contest (the “Contest”). The Grand Prize shall consist of one (1) vacation package at the Disneyland® Resort (the “Trip” or “Vacation”) for Grand Prize Winner and up to seven (7) guests (“Guest” or “Guests”) of the Grand Prize Winner’s choosing (collectively, the “Group”). Additional restrictions regarding the Trip may apply.
Trip shall consist of the following:
• Up to eight (8) round trip coach airfares between the major gateway airport closest to Grand Prize Winner’s primary residence (the “Departure Airport”) and a Southern California airport as selected by Disney (the “Arrival Airport”), each airport, airline, and flight as determined solely by Disney, with possible layovers; provided, however, if Grand Prize Winner resides within 250 miles of the Disneyland® Resort, airfare will not be provided.
• Round trip ground transportation or voucher(s) for local ground transportation service between the Arrival Airport and the Disneyland® Resort for up to eight (8) persons, with ground transportation vendor to be selected by Disney in its sole discretion; provided, however, if Grand Prize Winner resides within 250 miles of the Disneyland® Resort, ground transportation will not be provided.
• Room accommodations consisting of up to two (2) standard rooms (with a maximum of four (4) persons per room) for up to five (5) consecutive nights at a Disneyland® Resort hotel or Disneyland® Resort area hotel as selected by Disney in its sole discretion; and daily self-parking at resort (standard daily hotel parking is not included unless Grand Prize Winner resides within two hundred and fifty (250) miles of the Disneyland® Resort).
• Up to eight (8) 5-Day Disneyland® Resort Park Hopper® Tickets (subject to restrictions). Both a ticket and a separate theme park reservation for the same park on the same date are required for park entry for Grand Prize Winner and each Guest. Theme park reservations will be required for each day of the visit and must be obtained by Grand Prize Winner before visiting.
• One (1) Disney Gift Card with a value of seven thousand dollars ($7,000.00) for the Grand Prize Winner. Subject to restrictions available at https://www.disneygiftcard.com/terms/us.
• Entry to one (1) World of Color Dessert Party for the Group.
• One (1) Disney Character Dining experience for the Group to be booked by Disney. Subject to availability. A Disney Gift Card in the amount of five hundred dollars ($500.00) will be provided to cover the expense of this experience. Subject to restrictions.
• One (1) VIP Tour Guide for up to ten (10) consecutive hours for the Group on one (1) day during the Trip (guide, services, date, and hours to be determined by Disney).
• One (1) one-time payment by check to the Grand Prize Winner in the total amount of ten thousand two hundred sixty dollars ($10,260.00) to help defray payment of taxes payable as a result of winning the Trip (although Grand Prize Winner’s actual tax liability may differ) (the “One-Time Payment”).
Requirements for this Vacation include, but are not limited to:
• Vacation must be booked through Disney or a travel agent as designated by Disney at least forty-five (45) days prior to the intended travel dates and must occur between July 1, 2025 and July 1, 2026. If Vacation is not completed by July 1, 2026, the prize will be forfeited without compensation of any kind. Disney reserves the right to change the allowable dates, the Vacation period, or any other component of the Vacation, for any reason and in its sole discretion. Vacation dates and accommodations are subject to availability at the Disneyland® Resort; certain restrictions and block-out dates may apply. No extensions will be granted, and no changes will be made to Vacation details once it has been booked except in Disney’s sole discretion.
• Disney is not liable, including for any costs or expenses, if any component of the Vacation is delayed, postponed or cancelled for any reason and Grand Prize Winner will not be reimbursed, and no substitution will be provided except as in Disney’s sole discretion. Theme park tickets are subject to the terms and conditions set forth herein and included on the theme park tickets. An inability to use any tickets will result in forfeiture of such tickets.
• Vacation is for the Grand Prize Winner and up to seven (7) Guests of the Grand Prize Winner’s choosing. Guests must be at least the age of majority in their state of residence at the time the Vacation is utilized, or the Grand Prize Winner or another member of the Group must be such minor’s parent or legal guardian. Once selected by Grand Prize Winner, Guests cannot be changed without the express consent of Disney, which may be withheld for any reason. The Grand Prize Winner may not charge any Group member for participating in the Vacation.
• The Group must travel together on the same itinerary, the elements of the Vacation (including, without limitation, the theme park tickets) must be used by the Group on the same dates during the Vacation. Any portion of the Vacation not accepted or used by the Grand Prize Winner will be forfeited.
• Air transportation must be round-trip from/to the same Departure Airport/Arrival Airport (with possible layovers). Disney will determine airline and flight itinerary in its sole discretion. Airline carrier’s regulations and conditions apply to air travel. Airline tickets are nonrefundable, non-transferable, and are not valid for upgrades.
• Vacation does not include the following: transportation from/to Grand Prize Winner’s residence; airport departure fees and taxes; baggage fees; insurance (health, travel, medical); hotel room service; laundry service; spa treatments; food; beverages; merchandise, souvenirs; incidental expenses; local or long distance telephone calls; tips, gratuities, service charges, resort fees or resort taxes; or any other charges or items not explicitly included herein. All taxes (including, without limitation, U.S. federal, state and local taxes (including, but not limited to income and withholding taxes), sales taxes as applicable on or connected with the Vacation or the shipment of any Vacation package element, as applicable, and the reporting consequences thereof), and any other expenses not specifically included in the Vacation description are the sole and exclusive responsibility of the Grand Prize Winner.
• Vacation and Vacation components (including, without limitation, theme park tickets) may not be used in conjunction with any other promotion or offer, separated, sold, traded, transferred, substituted, assigned, exchanged, used for commercial purposes, rescheduled to dates not within the fulfillment period set forth above, or refunded and are not redeemable for cash, except in Disney’s sole and absolute discretion.
• Actual value of the Vacation depends on a number of factors, including booking and travel dates and the number of travelers, and therefore may be lower or higher than the estimated value at the time it is fulfilled. If the actual value of the prize is less than the stated estimated value, the difference will not be awarded. The Grand Prize Winner will not receive compensation for any element(s) of the Vacation (including, without limitation, theme park tickets) that any participant(s) is unable to use for any reason, and such unused portion(s) of the Vacation will be forfeited. If the Grand Prize Winner chooses to bring fewer than the allotted number of Guests, the Vacation will be awarded in increments suitable for the actual number of participants with no substitute prize or compensation provided to the Grand Prize Winner.
• Certain theme parks, hotels, restaurants, attractions, experiences, services, and other offerings are subject to change or cancellation and may be modified, unavailable, limited in capacity, or subject to limited availability or closure. Park admission, offerings, and ticket options are not guaranteed. Disney reserves the right to cancel any reservations or admission media.
• Both a theme park ticket and separate theme park reservation for the same park on the same date are required for park entry for each member of the Group. Theme park reservations and tickets will be required for each day of the visit and must be obtained before visiting. Park reservations are limited, subject to availability, and are not guaranteed. Park reservations do not guarantee park admission or access to any experience, attraction, or offering. The Group should visit Disneyland.com/updates for important details to know before traveling to the Disneyland® Resort.
• The Park Hopper® ticket allows guests to visit more than one park per day, with some restrictions. Learn more at https://disneyland.disney.go.com/guest-services/park-hopper/.
• All members of the Group will be required to agree to terms and conditions, execute a liability/publicity/COVID-19 release and waiver form, which includes a release of liability, assumption of risk, waiver of claims, indemnification and publicity (i.e., photo/video) release (where allowed by law) prior to participation, and any other documentation required by Disney for participation in the Vacation prior to booking of any travel. Failure to return such executed forms and releases within the specified time period will result in forfeiture of the Vacation.
• There may be specific state or government health agency instructions, guidelines and requirements for all visitors to Disneyland® Resort. The Group members are solely responsible, at their own cost, for staying updated on and complying with any of the latest restrictions and requirements that may be in place for travel to and visiting Disneyland® Resort leading up to the planned stay. Such restrictions and requirements are subject to change.
• If any portion or the prize is not available for any reason, then Disney reserves the right to substitute that portion of the prize with another prize of comparable or greater value.
• All Group members are responsible for having valid travel documents including government-issued identification and/or passports, as applicable.
• The Grand Prize Winner is required to have and present at least one major credit card in good standing in order to check-in to hotel. Photo identification and credit card or cash deposit may be required at check-in for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the prize).
• In the event the Grand Prize Winner and/or Guest(s) engage in behavior that, as determined by Disney in its sole discretion, is obnoxious or threatening, illegal, is intended to annoy, abuse, threaten or harass any other person, or is contrary to the Disneyland® Resort health and safety protocols, rules or policies in effect at the time of the Vacation, Disney reserves the right to terminate the Vacation or other applicable experience early, in whole or in part, with no further compensation. Grand Prize Winner acknowledges and agrees to be solely responsible for any actions, claims or liabilities of any member of the Group related to any use or misuse of the prize or any prize-related activity or travel.
• Any damaged, lost or stolen theme park tickets, gift cards, or travel vouchers will not be replaced. The Disney Gift Card is redeemable for goods and services at participating Disney locations. Not redeemable for cash unless required by law. Not for resale. Issued by, and represents a legal obligation solely of, Disney Gift Card Services, Inc. Lost, damaged or stolen cards may be replaced only if verification of winner status and complete card number is provided. For card balance inquiries, call 1-877-650-4327 or visit disneygiftcard.com. For complete terms and conditions (including arbitration agreement), visit https://www.disneygiftcard.com/terms/us.
• Vacation is awarded “as is” with no warranty or guarantee, expressed or implied, being provided by Disney.
• Disney, its parent, related, affiliated and subsidiary entities and their respective officers, directors, agents, employees and assigns will be released and discharged from any and all legal claims, losses, injuries, demands, damages, actions, and/or causes of actions that arise out of and/or are in any way related to the Vacation, the receipt, use and/or enjoyment of the Vacation, or Vacation related activity including travel.
• Officers, directors, and employees (and members of their household or immediate family, i.e., parents, children, spouse, siblings, grandparents, the “steps” of each and persons residing in such immediate family members’ household) of Producer, Disney, their respective parent, related, affiliated and subsidiary companies, their advertising, promotion and web design agencies, all other entities involved in the creation, administration, or fulfillment of the Contest and their respective successors and assigns are not eligible to enter or win.
• All disputes arising out of or relating to the Vacation shall be resolved by applying the laws of California, without regard to conflict of law rules, and shall be solely and exclusively brought in state or federal courts within Orange County, California. Such claims shall be resolved individually, without resort to any form of class action, and all such claims shall be limited to actual out-of-pocket costs incurred, but in no event to include attorneys’ fees.
Grand Prize Winner is solely responsible for all taxes and Grand Prize Winner will receive an IRS Form 1099 (or similar form) reflecting the estimated retail value of the Trip from Producer. As provided above, the Trip includes a One-Time Payment for Grand Prize Winner to help defray payment of taxes payable as a result of receiving the Trip. The Released Parties (as that term is defined in the Official Contest Rules) do not make any representation or warranty that the foregoing amount will be sufficient to pay Grand Prize Winner’s tax liability. Producer will not require any refund from Grand Prize Winner if actual tax owed is less than the One-Time Payment and will not further compensate Grand Prize Winner if actual tax is more than the One-Time Payment. Additionally, the award of the Trip is subject to applicable withholding requirements and Producer reserves the right to withhold from the One-Time Payment applicable taxes on the Trip as required by law (including, without limitation, California state tax applicable to non-California resident winners). To the extent that the One-Time Payment is insufficient to cover the withholding requirement, Grand Prize Winner may be required to provide to Producer an amount to cover the balance or the entire amount, as the case may be, of all applicable withholding taxes at the normal rates required by law (notwithstanding any tax treaties that may provide for lower rates of tax withholding, including exemption from withholding with the satisfaction of qualification requirements) prior to being awarded the Vacation. Failure to do so will result in disqualification. Grand Prize Winner may receive and be required to sign other tax documents in addition to the IRS Form 1099.
Trip components may not be sold, traded, transferred, or refunded. Trip is not redeemable for cash. Trip is non-commissionable.
Expenses not specifically included as part of the Trip are solely the responsibility of Grand Prize Winner, including, without limitation, the following: roundtrip transportation between the Grand Prize Winner’s residence and Grand Prize Winner’s home airport; activities and ground transportation not expressly included in the Trip; meals not served as part of the Trip; alcoholic beverages; airline baggage fees; travel insurance; laundry service; merchandise and souvenirs; room service; service charges; spa services and other optional activities; telephone calls; and income and other taxes not expressly included in the Trip; and all other costs and expenses not expressly included in the Trip.
As to Grand Prize Winner and Grand Prize Winner’s guests, Cara Communications Corporation, d/b/a Vin Di Bona Productions, ABC, Disney, each of their respective parent, related, affiliated and subsidiary companies and their respective officers, directors agents, employees and assigns shall be released and discharged from any and all legal claims, losses, injuries, demands, damages, actions, and/or causes of actions that arise out of and/or are in any way related to the prize, the receipt, use and/or enjoyment of the prize and/or the Contest.
In the event the winning video clip is jointly owned by two (2) or more separate parties and therefore two or more individuals constitute the “Grand Prize Winner,” the Grand Prize may be split between such parties at Producer’s discretion and Disney will help facilitate this split; provided, however, the cost of such Grand Prize will remain as set forth above in this EXHIBIT B and will not increase due to such election (except to the extent an additional room is required.)
2. The approximate retail value (“ARV”) of this Trip is US $40,434.70, including the One-Time Payment intended for payment of potential taxes (although Grand Prize Winner’s actual tax liability may differ). The actual value of the Trip may vary depending on a number of factors including, without limitation, point of departure, number of travelers, and fluctuations of rates and airfares. If the actual value of the Trip is less than the stated ARV, the difference will not be awarded.