DISNEY MOVIE INSIDERS
DISNEY MAKE A SPLASH SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT ENHANCE YOUR CHANCES OF WINNING.
This Sweepstakes is independent of the other Disney Movie Insider Sweepstakes being offered contemporaneously by Sponsor. Each Sweepstakes features its own prizing that is available to be won at different odds of winning. You may enter one or more of the Sweepstakes, as you wish.
- Eligibility: The Disney Make A Splash Sweepstakes ("Sweepstakes") is only open to entrants who, at the time of entry and throughout the Sweepstakes Period and prize fulfillment period as set forth below, are: (a) natural persons who are legal residents of the 50 United States or the District of Columbia and Canada (excluding Quebec); (b) at least 18 years of age or older; and (c) members, in good standing, of Disney Movie Insiders ("DMI"). If an entrant is a minor, as defined by the jurisdiction of the entrant’s primary residence ("Minor"), permission of a parent or legal guardian is required to participate in the Sweepstakes. Entrants must not be an employee or director, or IRS dependent, immediate family member or individual residing in the same household of, an employee or director, of Disney Media & Entertainment Distribution, LLC, its parent, and any subsidiaries, related and affiliated companies of each, Probability LLC, the cast/crew of Disney’s live action adaptation of The Little Mermaid, or their respective parent, subsidiary and affiliated companies, advertising, promotion, or production agencies, web masters, web suppliers and any prize provider. Void in Quebec and where prohibited by law and subject to all applicable federal, state, provincial, municipal, territorial, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these official rules ("Official Rules") and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning is contingent upon fulfilling all requirements set forth herein.
- Sponsor: Disney Media & Entertainment Distribution, LLC, 500 South Buena Vista Street, Burbank, CA 91521, USA.
- Administrator: Probability LLC, 2 Woodstock Meadow Ln, PO Box 1484, Woodstock, NY 12498, USA.
- Timing: Sweepstakes begins at 9:00 AM Pacific Time ("PT") on May 24, 2023 and ends at 9:00 PM PT on July 7, 2023 ("Sweepstakes Period"). Sponsor's computer is the Sweepstakes’ official clock.
- How to Enter: As noted in the eligibility requirements set forth in Section 1 above, you must be a member of DMI at the time of entry to enter the Sweepstakes. If you are not a member of DMI you may become a member by visiting https://www.disneymovieinsiders.com/sweeps/make-a-splash-sweepstakes (the "DMI Website") or by downloading the DMI mobile application (the "DMI Application") and following the applicable account registration instructions. Membership is free, as is the DMI Application. You must register for the Sweepstakes initially through the DMI Website; standard internet access and usage charges imposed by your online service provider will apply. Once you are logged into your DMI member account, you may enter the Sweepstakes by navigating to the "Sweepstakes" tab and following the links and instructions within the DMI Website to enter. Once you click where indicated, you will receive one (1) entry into the Sweepstakes. You may receive one (1) entry as described in this Section 5 during the Sweepstakes Period.
- Additional Sweepstakes Entries Using DMI points: After entering the Sweepstakes as described above, you may redeem DMI points for up to ninety-nine (99) additional entries into the Sweepstakes by visiting the DMI Website and following the instructions to select the number of additional entries into the Sweepstakes. This process must be completed by 9:00 PM PT on July 7, 2023. For each additional entry submission, you will receive one (1) additional entry into the Sweepstakes. For each additional entry you redeem, five (5) DMI points will be deducted from your account. DMI members may collect DMI points by: (a) purchasing and/or verifying the purchase of eligible movie tickets; (b) entering codes obtained from specially marked physical products; (c) answering specially identified surveys; (d) qualifying for bonus points offers that may be presented within the DMI Website and/or DMI Application from time to time; (e) engaging with certain in-member communications; and/or (f) other methods as designated on the DMI Website and/or DMI Application. Please refer to the DMI Terms and Conditions, located at https://www.disneymovieinsiders.com/terms-and-conditions or within the DMI Application via the "Terms and Conditions" module for additional information and terms for the DMI program.
Free Alternate Method of Entry for Additional Sweepstakes Entries: To receive up to ninety-nine (99) additional entries into the Sweepstakes drawing without deduction of DMI points, after entering the Sweepstakes as described in Section 5 above, hand print your name, address, day and evening phone numbers, the e-mail address associated with your DMI account, and your age on a 3½" x 5" card, and mail it with proper postage to Disney Movie Insiders Make A Splash Sweepstakes, c/o Probability, PO Box 1559, Social Circle, GA 30025-1559. You will be entered into the Sweepstakes one (1) time for each 3½" x 5" card postmarked by July 7, 2023 and received by July 14, 2023, for up to ninety-nine (99) additional entries. Each 3½" by 5" card must be mailed separately. Multiple mail-in entries mailed in the same envelope will not be accepted. All mail-in entries must be handwritten. Mechanical reproductions will not be accepted. Proof of sending or mailing of mail-in entries will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due mail-in entries, all of which will be disqualified.
- General Conditions on Entry: Once submitted, all entries become the exclusive property of Sponsor and will not be acknowledged or returned, nor will any correspondence be exchanged with any entrant. Limit: An entrant may receive up to one hundred (100) entries during the Sweepstakes Period through a combination of the methods described above. Limit one (1) prize per entrant/household during the entire Sweepstakes Period. Multiple entrants are not permitted to share the same e-mail address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different e-mail addresses, identities, registrations, logins, or any other methods, or any use of any micro, robotic, automatic, programmed, or like entry methods is expressly prohibited and will void entrant’s entries and disqualify that entrant from this Sweepstakes, as well as subject such entrant to disqualification from any concurrent or future promotions offered by Sponsor, and such conduct may result in restriction, suspension or discontinuance of entrant’s participation privileges in the DMI program. AN ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE DMI WEBSITE OR DMI APPLICATION OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND IF SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION AS WELL AS RESTRICTION, SUSPENSION OR DISCONTINUANCE OF SUCH PERSON’S PARTICIPATION PRIVILEGES IN THE DMI PROGRAM.
- Winner Selection and Odds: The odds of winning a prize depend on the number of eligible entries received (i.e., entries received via Section 5 above and additional entries received via Section 6 above) during the Sweepstakes Period. Administrator is an independent judging organization whose decisions regarding the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential winners from among all eligible entries received during the Sweepstakes Period on or around July 17, 2023. The random drawing will take place at Administrator’s offices as set forth above or at another location in the United States as determined by Sponsor.
The potential winners will be notified by e-mail and/or telephone based on the information included in their DMI account profile at the time of the random drawing. It is the sole responsibility of the potential winner to confirm that their e-mail and telephone number associated with their DMI account is current and up-to-date, and if a potential winner cannot be contacted due to their e-mail and/or telephone number being inaccurate in any respect, such potential winner will be disqualified and Sponsor and Administrator shall not have any liability of any kind. To be eligible to win a prize, potential winner must still be a member of DMI in good standing at the time of the random drawing, winner notification, and prize fulfillment. If a selected entrant is from Canada, they (if a Minor, their parent/legal guardian) must first correctly answer a time-based mathematical skill-testing question without assistance of any kind, to be implemented by Administrator, as a condition to being considered a potential winner. Before being declared a winner, potential prize winners (if a Minor, their parent/legal guardian) may be required to execute an Affidavit of Eligibility/Liability & Publicity Release and tax acknowledgment ("Affidavit"), sent with the e-mail notification within five (5) calendar days from the date it is sent. If any potential winner cannot be contacted, fails to execute and return all documentation within the required time (if applicable), is found to be ineligible or is non-compliant with the Official Rules for any reason, then the potential winner forfeits the prize and Administrator may select another potential winner, as time permits. In the event that the potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner selected by Administrator by a random drawing from among all remaining eligible entries.
THE GRAND PRIZE WINNER (IF A MINOR, THEIR PARENT/LEGAL GUARDIAN) WILL BE ISSUED A FORM 1099 (OR ANALOGOUS TAX FORM FOR A CANADIAN WINNER) FOR TAX PURPOSES IN THE AMOUNT OF THE ACTUAL RETAIL VALUE OF THE GRAND PRIZE AND MUST SUBMIT THEIR SOCIAL SECURITY OR SOCIAL INSURANCE NUMBER, AS APPROPRIATE, AS REQUIRED BY LAW. ALL FEDERAL, STATE, PROVINCIAL, TERRITORIAL, AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF THE GRAND PRIZE ARE SOLELY THE RESPONSIBILITY OF THE GRAND PRIZE WINNER.
- Prizes and Approximate Retail Value ("ARV"): There will be twenty-five (25) first prizes and one (1) grand prize awarded, collectively referred to as ("Prize") or ("Prizes").
First Prize (25 winners): Each First Prize winner will receive one (1) all-new vinyl soundtrack featuring songs from the live-action adaptation of Disney’s The Little Mermaid film. ("First Prize"). ARV of each First Prize: $25.98 USD.
Grand Prize (1 winner): The Grand Prize is a trip for up to four (4) persons (the ”Group”) to Aulani, A Disney Resort & Spa in Ko Olina, Hawaii("Grand Prize" or "Trip") to consist of the following:
- Roundtrip coach air transportation for up to four (4) persons from a major commercial airport (as selected by the Sponsor) near the Grand Prize winner’s legal residence ("Airport of Origin") to the Honolulu International Airport (with possible layovers/flight may not be direct);
- A voucher for up to four (4) persons for round trip ground transfers between the Honolulu International Airport and the Aulani, a Disney Resort & Spa;
- Hotel accommodations consisting of one (1) standard room (with a maximum of four (4) persons per room) for four (4) consecutive nights at AULANI, a Disney Resort & Spa in Ko Olina, Hawaii as selected by Disney in its sole discretion (standard daily hotel parking is not included).
- One (1) $500 Disney Gift Card (subject to terms and restrictions).
- Up to four (4) Preferred Seating passes to KA WA’A, A Lū’au at AULANI Resort for the Group.
ARV of Grand Prize: $7,564.00 USD
The Trip must be taken between September 6, 2023 and August 31, 2024 (excluding holiday and blackout dates) or such other dates as Sponsor may select in its sole discretion or due to public health guidance from health authorities, such as the U.S. Centers for Disease Control and Prevention and/or appropriate government agencies. If the potential Grand Prize winner is unavailable to travel during the designated timeframe for any reason, the Grand Prize will be forfeited without compensation of any kind and an alternate Grand Prize winner may be selected (time permitting) from among all remaining eligible entries in a random drawing. Travel must be reserved through Sponsor’s agent, and Sponsor shall determine airline, hotel, flight, and ground transportation itinerary in its sole discretion. The Trip must be booked at least sixty (60) days prior to the intended travel dates. Flight details are subject to availability and airline carrier’s regulations and conditions apply. Rooms, experiences, restaurants, services, amenities, and other offerings may be modified or unavailable, limited in availability or capacity, and subject to restrictions, and change or cancellation without notice. Offerings are not guaranteed. Select experiences require additional fees.
The Grand Prize winner and guest(s) must travel together on specified itinerary as set by the Sponsor, including same departure date, destination and return date or the Grand Prize may be forfeited in its entirety. The Sponsor/Administrator are not liable for delays, cancellation or unforeseen events related to flights. The Grand Prize winner and guest(s) will be solely responsible for obtaining valid travel documents and identification. In addition, the Grand Prize winner and guest(s) may be required to present a photo identification and valid credit card or cash deposit at the hotel at the time of check-in for incidental charges (e.g., room service, telephone/IT services, laundry and other optional extra services not provided in the Grand Prize).
Guest(s) of the Grand Prize Winner (if a minor, their parent or legal guardian) must sign and return a Liability Release and a Publicity Release prior to issuance of travel documents. Any Guest who is a minor must be accompanied by their parent or legal guardian who must be the Grand Prize winner or another guest of the Grand Prize winner. Should the Grand Prize winner elect to travel with fewer than three (3) guests on the Trip, the Grand Prize will otherwise be awarded in increments appropriate for the actual number of travelers; and, in such event, no substitute prize or additional compensation will be awarded to winner. Any portion of the Grand Prize not accepted by the Grand Prize winner will be forfeited.
The actual final retail value of the Grand Prize may vary depending upon point of departure, fare fluctuations and/or number of travelers; and under no circumstances will the Grand Prize winner receive the difference between the ARV listed above and actual final value of the Grand Prize in cash (or in any other form). The Grand Prize is non-transferable and cannot be extended beyond the date set forth above. The Grand Prize winner is solely responsible for all other expenses related to the Trip not specified herein, including but not limited to: airport departure fees and taxes; travel insurance; hotel room service; parking fees; laundry service; meals/food; alcoholic beverages; merchandise, souvenirs, etc.; local and long distance telephone calls; tips, gratuities, service charges, resort fees or taxes; or all other charges not explicitly included in these Official Rules. Air transportation tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All air transportation tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. The Sponsor and its agencies are not liable for any expenses incurred as a consequence of flight cancellation/delay.
The Grand Prize winner and guest(s) must follow all instructions of the Sponsor, including without limitation all obligations and restrictions in these Official Rules. Failure to do so may result in forfeiture of the Grand Prize. Should the Grand Prize winner and/or guest(s) fail to adhere to any such instructions or engage in unruly, obnoxious, illegal, threatening, or otherwise inappropriate behavior (as determined by the Sponsor in its sole discretion), the Sponsor reserves the right, without further notice or warning, to terminate the Trip or other applicable experience early, in whole or in part, and send the Grand Prize winner and/or their guest(s) home and/or take other actions as the Sponsor deems appropriate in its sole discretion without any liability or other obligation to the Grand Prize winner or their guest(s). Inappropriate behavior includes, but is not limited to, the failure of the Grand Prize winner or guest(s) to comply with governmental mandates, or other third-party travel-related and other requirements designed to prevent the spread of COVID-19 (such as, mask-wearing, social distancing, completion of health questionnaire). There may be specific instructions and requirements for all visitors to Hawaii, which may include mandated quarantine or pre-travel testing. The Grand Prize winner and their guest(s) are solely responsible at their own cost for staying updated on and complying with any of the latest advisories, restrictions and travel alerts that may be in place for travel to Hawaii leading up to the planned stay. State requirements are subject to change. Participation in applicable activity/activities may also be conditioned upon provision of proof of a negative COVID-19 test or satisfactory proof of being fully vaccinated against COVID-19. Grand Prize Winner acknowledges that they are solely responsible for any actions, claims or liabilities of the Grand Prize winner’s guests, related to any use or misuse of the prize or any prize-related activity or travel. The Grand Prize winner and their guest(s) may be required to execute a liability/publicity/COVID-19 release and waiver form prior to booking of any travel.
In connection with any visit to any location in connection with the Grand Prize, please be advised that Sponsor or other prize supplier’s policies, CDC guidelines, and the recommendations of health officials must be followed. Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and Sponsor cannot guarantee that any person will not be exposed during the Trip.
NOTWITHSTANDING THE FOREGOING, IT IS ALSO POSSIBLE THAT THE COVID-19/CORONAVIRUS PANDEMIC DIRECTLY OR INDIRECTLY MAY COMPEL THE SPONSOR TO DELAY/POSTPONE INDEFINITELY (OR FOR A SIGNIFICANT PERIOD) OR EVEN CANCEL THE TRIP ENTIRELY. IN SUCH CASE (WITH A SIGNIFICANT DELAY BEING DETERMINED BY THE SPONSOR IN ITS SOLE DISCRETION), THE SPONSOR'S LIABILITY SHALL BE LIMITED TO THE AWARD OF A PRIZE OF ITS SOLE CHOOSING THAT IS OF COMPARABLE VALUE IN LIEU OF THE TRIP.
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 first prize 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
All details and certain restrictions of the Grand Prize will be determined by Sponsor in its sole and absolute discretion. Sponsor reserves the right to substitute the Grand Prize (or portion thereof, as applicable) with a similar prize (or prize element, as applicable) of comparable or greater value due to prize unavailability for any reason (in whole or in part) as determined in Sponsor’s sole discretion. All taxes (including without limitation U.S. federal, state and/or local taxes, including income and withholding taxes, sales taxes, VAT, GST, PST, HST) and, where legal, import customs and excise duties and fees, as applicable on or connected with any portion of the Grand Prize, the shipment of any Grand Prize element, as applicable, and the reporting consequences thereof, and other expenses, costs, or fees associated with the acceptance and/or use of the Grand Prize and not specifically included in the Grand Prize description herein are the sole responsibility of the Grand Prize winner. Any images of venues and/or activities comprising the Grand Prize in advertising are for illustrative purposes only and actual elements awarded as the Grand Prize may differ from such images for various reasons; and Sponsor and Administrator disclaim any and all liability in conjunction therewith.
All applicable taxes are the sole responsibility of the Grand Prize Winner, who will receive an IRS Form 1099 (or analogous tax form for a Canadian winner) reflecting the actual final retail value of the Grand Prize. The Grand Prize Winner must submit a validly executed IRS Form W-9 and further agree to otherwise fully cooperate with the Sponsor/Administrator as to their compliance with governmental tax-reporting requirements.
The total ARV of all Prizes is $7,397.50 USD.
Additional Terms and Conditions: Prizes may not be declined once awarded to and accepted by a winner. Prizes may not be sold, traded, refunded or commissioned, and are not redeemable for cash or transferable, except for the Disney Gift Card portion of the Grand Prize, where allowable by law. No substitutions allowed, except as set forth in these Official Rules and, at Sponsor’s sole discretion, a prize of comparable or equal value may be provided. Prize elements may not be separated and tickets, vouchers and gift cards will not be replaced if lost or stolen, and Sponsor and Administrator disclaim any and all liability in conjunction therewith. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern. In no event will more Prizes than are stated in these Official Rules be awarded.
- Limitations on Liability: By entering, entrants (if a Minor, their parent/legal guardian) agree that Sponsor, Administrator, prize providers, Meta Platforms, Inc, Twitter, Inc, and their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively "Released Parties") will have no liability whatsoever, and shall be released and held harmless by entrants (if a Minor, their parent/legal guardian), for any injuries, claims, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from the receipt, acceptance, possession, misuse or use of any Prize or Prize related activity, including travel, or participation in this Sweepstakes or participation in any Sweepstakes-related activity, or entrant’s failure to comply with the Official Rules. The Released Parties shall not be liable to any winner or any other person for failure to supply any prize(s) or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, epidemic or pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Released Parties’ control. The Released Parties are not responsible for illegible, lost, late, damaged, incomplete, misdirected, or stolen entries; or for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to: errors in advertising, Official Rules, selection and announcement of winners and distribution of Prizes; or for lost, interrupted or unavailable network, server, satellite, Internet Service Provider (ISP), website or other connections, availability or accessibility; or for miscommunications, failed computer, telephone or cable transmissions, lines, or technical failure; or jumbled, corrupted, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind whether human, mechanical, electronic, technical or network; or for the incorrect or inaccurate capture of entry or other information or the failure to capture any such information; or for any misdirection or delay of any e-mail/entry to be received on account of technical problems or traffic congestion on the Internet, DMI Website, DMI Application, or any combination thereof, including any injury or damage to entrant’s or any other person’s mobile device/computer related to or resulting from participation in or downloading or uploading any materials in connection with the Sweepstakes; or for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes; or for any personal injury, death, or damage to or loss of property, arising out of receipt or use or misuse of any component of any Prize produced and/or manufactured by a prize provider or other third party. SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE (OR ANY COMPONENT OF ANY PRIZE), INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Should an entry be lost, corrupted or unrecorded for any reason, the sole liability of Sponsor and Administrator is replacement with another entry, if feasible; but, if not feasible, Sponsor and Administrator shall not have any liability for same.
- General Conditions: Persons who tamper with or abuse any aspect of the Sweepstakes (including but not limited to seeking to defraud Sponsor in conjunction with redeeming additional entries as described in Section 6 above) as solely determined by Sponsor, will be disqualified, and Sponsor reserves the right to terminate such entrant's eligibility in this Sweepstakes and any concurrent or future promotions offered by Sponsor as well as restricting, suspending or discontinuing their participation privileges in the DMI program. Sponsor may also disqualify from this Sweepstakes and any concurrent or future promotions offered by Sponsor any person that acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or for any other good cause reason solely determined by Sponsor as well as restricting, suspending or discontinuing such person’s participation privileges in the DMI program. Should any portion of the Sweepstakes be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes, and select the winners from eligible entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute, an entry will be deemed made by the authorized account holder of the e-mail address associated with the corresponding DMI account. The authorized e-mail address account holder is the natural person who is assigned the address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.
Except where legally prohibited, winners (if a Minor, their parent/legal guardian) grant (and agree to confirm in writing) permission for the Released Parties to use such winners’ name, photograph, voice, likeness, and/or statements made by, or attributed to the winner in all media now known or hereafter discovered, worldwide, including, without limitation, on the World Wide Web, without notice, review or approval or compensation and in perpetuity.
- Disputes/Choice of Law: Except where prohibited, entrants (if a Minor, their parent/legal guardian) agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the administration of this Sweepstakes, or the awarding of prize/determination of the prize winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of JAMS then effective; notwithstanding the foregoing, entrant (if a Minor, their parent/legal guardian) shall not be precluded from seeking relief in small claims court for disputes/claims within the scope of the jurisdiction of small claims court and any remedies available to entrant (if a Minor, their parent/legal guardian) under applicable federal, state or local law shall remain available to entrant (if a Minor, their parent/legal guardian) and are not waived pursuant to this section; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will entrant (if a Minor, their parent/legal guardian) be permitted to obtain awards for, and entrant (if a Minor, their parent/legal guardian) hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased and any and all rights to injunctive relief. The arbitrator hearing such dispute/claim/cause of action shall be neutral and the entrant (if a Minor, their parent/legal guardian) will have a reasonable opportunity to participate in the selection of the arbitrator. Such arbitration will take place at a location near the entrant’s (if a Minor, their parent/legal guardian) residence and the entrant (if a Minor, their parent/legal guardian) has the right to an in-person hearing in the arbitration proceeding, if desired. The arbitration will allow for the discovery and/or exchange of non-privileged information between entrant (if a Minor, their parent/legal guardian) and Sponsor. Should an entrant (if a Minor, their parent/legal guardian) initiate arbitration pursuant to this section, the entrant (if a Minor, their parent/legal guardian) shall be responsible for the JAMS’s fees to do so (approximately, $250), with all other costs of such arbitration being borne solely by Sponsor. If entrant is a California resident and Sponsor is the prevailing party in such arbitration, such entrant will not be responsible for Sponsor’s costs and fees in conjunction with the arbitration proceeding; BUT, IN ALL OTHER CASES, ENTRANT (IF A MINOR, THEIR PARENT/LEGAL GUARDIAN) WILL BE RESPONSIBLE FOR SUCH COSTS/FEES IF REQUIRED BY THE ARBITRATOR’S RULING. For the avoidance of doubt, the requirement to arbitrate disputes pursuant to this section is reciprocal and binding both upon entrants (if a Minor, their parent/legal guardian) and Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction, and all proceedings shall take place in the City of New York, County of New York.
- Winners’ List: To obtain a listing of the names of the winners of the Sweepstakes, send a properly stamped self-addressed envelope, by August 7, 2023, to Disney Make A Splash Sweepstakes Winners’ List, c/o Probability, PO Box 1559, Social Circle, GA 30025-1559. Canadian residents only may omit return postage.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, Twitter or any other social media platform.
© 2023 Disney
WDW provided a more robust prize description than Aulani that included the language allowing for a minor to attend the trip without a parent/legal guardian pending a release form. Since this specific clause was not included in the Aulani prize description, I included our standard language that would require a parent/legal guardian to accompany a minor. Please let me know which version you prefer to keep.