OFFICIAL SWEEPSTAKES RULES
1. INTRODUCTION
Dial Global Radio Networks, Inc. (“Sponsor”) is offering the “Lia’s Disney Vacation Club Family Flyaway” Sweepstakes!”. NO PURCHASE OR SALES PRESENTATION NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND OR SALES PRESENTATION WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. THE PURPOSE OF THESE SWEEPSTAKES IS TO SOLICIT THE SALE OF TIMESHARE INTERESTS BY DISNEY VACATION DEVELOPMENT, INC. ANY PERSON WHOSE NAME OR ADDRESS IS OBTAINED AS A RESULT OF THESE SWEEPSTAKES, AND SUCH PERSON OPTS IN, MAY BE SOLICITED TO PURCHASE A TIMESHARE INTEREST. By entering this Sweepstakes, entrants agree to abide by all terms of these Official Sweepstakes Rules and the decisions of Sponsor, whose decisions shall be final and binding.
2. ELIGIBILITY
This Sweepstakes is open only to individuals who are twenty-one (21) years of age or older and legal residents of the United States at the time of entry. Individuals who have won a prize from Sponsor within 180 days prior to November 16, 2009 are NOT eligible. Employees of Dial Global Radio Networks, Inc., Disney Vacation Development, Inc, and their affiliates, respective officers, directors, shareholders, employees, advisors, accountants, attorneys, assignees, agents, licensees, representatives and any other person or entity associated with this Sweepstakes, including their advertising and promotional agencies (collectively, “Sweepstakes Entities”), and their immediate family members (defined as parent, spouse, child, siblings and grandparents) are NOT eligible. By entering this Sweepstakes, entrants agree to waive any and all claims against Sweepstakes Entities for personal injury, damage or loss of any kind which may result from participation in the Sweepstakes or from the receipt, enjoyment, ownership or use of any prize.
3. HOW TO ENTER
To enter, participants must fill out and submit a sweepstakes entry form at Radiolia.com from November 9, 2009 through November 16, 2009 (“Sweepstakes Period”). All entries will be gathered through November 16, 2009. Only one entry per person. No responsibility is assumed by Sweepstakes Entities for any telephone or technical malfunctions that may occur.
4. WINNER SELECTION
One (1) Grand Prize winner will be selected by random drawing from all of the web entries at Radiolia.com on or about Monday, November 16, 2009. Odds of winning depend on the number of eligible entries received. All prize drawings will be conducted by an impartial representative of Sponsor. The name(s) of the winner(s) will be announced on-air on or about Monday, November 16, 2009.
5. PRIZES
One (1) Grand Prize (“Prize”) will be awarded. The Prize consists of: (i) a three (3) night stay in a one (1) bedroom villa at THE VILLAS AT DISNEY’S GRAND CALIFORNIAN HOTEL® & Spa for the winner and up to three (3) guests; (ii) four (4) 4-Day DISNEYLAND® Resort PARK HOPPER® tickets; (iii) four (4) round-trip coach airfares between the major international airport closest to the winner’s residence and the Orange County (CA) Airport; (iv) round trip ground transportation for four (4) between Orange County (CA) Airport and the Disneyland® Resort; and (v) a cash prize equal to US $3,600 to help defray payment of taxes payable as a result of winning the prize. Reservations to redeem the Prize must be made at least thirty (30) days in advance and the stay must be completed by December 31, 2010.
The ARV of the Prize is $10,160 based on a trip that includes four (4) people. This ARV represents the price of the Prize, including tax, of $6,550.00 using a gross up formula with a 30% estimated federal income tax rate and a 5% state income tax rate. All values are in U.S. dollars.
The DISNEYLAND® Park and THE VILLAS AT DISNEY’S GRAND CALIFORNIAN HOTEL® & Spa are located at the DISNEYLAND® Resort in Anaheim, California. All accommodations are subject to availability and all reservation policies. The 4-Day DISNEYLAND® Resort PARK HOPPER® Tickets include park-hopping for the DISNEYLAND® Park and DISNEY’S CALIFORNIA ADVENTURE® Park for four (4) days. Other restrictions may apply.
The prize winner and his/her guests must comply with all terms and conditions of the accommodations. Accommodation restrictions and block-out dates may apply. The following items are not included with the prize and remain the sole responsibility of the winner: transportation to/from the closest international airport to the winner or otherwise, meals, alcoholic beverages, hotel room service, laundry service, local and long distance telephone calls, tips, gratuities, services charges, special assessments (if any), taxes and all other expenses incidental to the use of the prize. Minors under the age of majority in the state in which they reside not traveling with a parent or legal guardian must be accompanied by an adult over the age of twenty-one (21). The parent or guardian of any minor not traveling with a parent or guardian must appoint an adult who will be traveling with the minor to have custody and control over their minor and to contract on their behalf in connection with this prize. An appointment form may be included in the document package and must be signed by parent or legal guardian prior to travel by the minor.
ARV of any prize may fluctuate due to market conditions, inflation, changes in value of components and other reasons, and actual retail value at time of actual prize award may be different than ARV stated herein due to such conditions. Sponsor is not responsible for and winner will not receive the difference between the actual value of the prize won at the time of award and the stated ARV in these Official Rules. All federal, state, local, and any other taxes associated with the prize are the sole responsibility of the winner, who will receive an IRS Form 1099 reflecting the actual final retail value of his/her prize. The Sweepstake Entities and their respective officers, directors, employees, agents and representatives do not make any guarantees or representations that the cash portion of any prize will be sufficient to pay winner’s tax liability. The award of the prize is subject to applicable withholding requirements. Award of the prize is subject to verification of eligibility and compliance with all rules. Allow at least 4-6 weeks after winner notification for prize fulfillment. Winner will be responsible for arranging his/her own insurance, such as travel or any other insurance, at his/her own expense. If a winner does not accept, redeem or use the entire prize or any benefits associated with a prize, the unaccepted, unredeemed or unused part of a prize will be forfeited and the Sweepstake Entities will have no further obligation with respect to the prize. The Sweepstake Entities are not responsible for any inability of any winner to accept or use the prize (or portion thereof) for any reason. Failure to accept, use or redeem the benefits associated with a prize does not relieve the winner of his/her tax obligations associated with winning the prize. Sweepstake Entities will not replace any lost, mutilated or stolen tickets, vouchers or certificates relating to redemption or use of any prize. All benefits and payments are personal to the winner. The prize (and all portions thereof) is non-transferable, non-assignable and not redeemable for cash. No substitution for the prize or portion thereof will be made except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize or portion thereof for one of equal or greater value for any reason, including without limitation if the prize or portion thereof becomes unavailable. By accepting his/her prize, the winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Sweepstake activity, including, without limitation, use of a prize. The winner understands and agrees that the Sweepstake Entities each have the right, in their sole discretion, to disqualify and remove a prize winner (and/or his/her guests, if any) from any activity at any time if the prize winner’s (and/or his/her guests’, if any) behavior at any point is disruptive or may or does cause damage to person, property or the reputation of a Sweepstake Entity or otherwise violates the policies of the prize providers and, in that event, winner may (in Sweepstake Entities’ sole discretion) be required to forfeit the rest or all of his/her prize.
6. WINNER NOTIFICATION
Sponsor will attempt to notify the prospective grand prize winners by telephone on or about Monday, November 16, 2009. If a prospective grand prize winner cannot be contacted within 2 days of the first attempted contact, or if eligibility requirements are not met, a prospective grand prize winner will be deemed ineligible, and an alternative prospective grand prize winner will be selected at random from the remaining runner up prize winners. This winner selection process will continue through 3 rounds of selecting alternates until a grand prize winner is determined. All prize winners (including travel companions of grand prize winners) will be required to complete, sign and return Affidavits of Eligibility, Waivers of Liability and Publicity Releases. Failure to comply with these Official Sweepstakes Rules or to claim a prize may result in disqualification of a prospective winner. In such event, Sponsor reserves the right to determine if and when a prize will be re-awarded and the applicable terms.
7. GENERAL CONDITIONS
If you elect to receive occasional updates, special offers and other information from Disney Vacation Development, Inc. and its affiliated and associated companies about their products and services, your information may be shared with those companies and Disney Vacation Development, Inc. intends to use all such information provided to it for the purpose of soliciting the sale of timeshare interests (subject to applicable law).
This Sweepstakes is subject to all federal, state and local laws, rules and regulations. Entrants grant to Sweepstakes Entities the right to use and publish their proper name, city and state online and in print or any other media, in connection with the Sweepstakes. Acceptance of a prize constitutes permission for Sweepstakes Entities to use winner’s name and likeness for advertising and promotional purposes without additional compensation unless prohibited by law. Sweepstakes Entities reserve the right to disqualify any entry or entries, or any individual, they find to be tampering with the entry process or the operation of the game or website; to be acting in violation of these Official Sweepstakes Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THESE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. LIMITATIONS OF LIABILITY
If for any reason the Sweepstakes is not capable of running as planned due to any Internet or software-related problem, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sweepstakes Entities which corrupts or affects the administration, security, fairness, integrity or proper conduct of these Sweepstakes, Sweepstakes Entities reserve the right to disqualify any individual who causes any such problem, and to cancel, terminate, modify or suspend the Sweepstakes. Sweepstakes Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of entries. Sweepstakes Entities are not responsible for any problem or technical malfunctions of any telephone network or lines, computer online systems, servers or provider, computer equipment, software, failure of any email or entry to be received by Sweepstakes Entities on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person's computer related to or resulting from participation or downloading any materials in this Sweepstakes.
Sweepstakes Entities are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections or failed, incomplete, garbled or delayed transmissions which may limit an entrant's ability to participate in the Sweepstakes or damage entrant’s system as a result of participation in the Sweepstakes or downloading any information necessary to participate in the Sweepstakes. Sweepstakes Entities also are not responsible for misdirected, lost, late, illegible, forged, destroyed, or incomplete entries, or entries not otherwise in compliance with these Official Sweepstakes Rules.
By entering this Sweepstakes, each entrant agrees that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs, associated with entering the Sweepstakes, but in no event will attorneys' fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to, punitive, incidental or consequential damages and/or any other damages other than actual out-of-pocket expenses.
Each winner, by accepting a prize, agrees to release and hold harmless Sweepstakes Entities from any and all liability, claims or actions of any kind whatsoever, which may result from the receipt, enjoyment, ownership or use or misuse of such prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant's rights of publicity or privacy, or the entrant's claim that he/she has somehow been defamed or portrayed in a false light). In the event a prize includes a “meet and greet” event with an artist, winner agrees to release and hold harmless Sweepstakes Entities in the event that a security situation or any other situation beyond the control of Sweepstakes Entities should arise that prevents the occurrence of such "meet and greet.”
Sweepstakes Entities do not assume any responsibility for any schedule changes in the Sweepstakes timeline, including without limitation, scheduling conflicts, labor strikes, Acts of God, or other unforeseen events that disrupt the Sweepstakes schedule. Sweepstakes Entities reserve the right to cancel, modify, or suspend this Sweepstakes.
By participating in the Sweepstakes, entrants agree to release and hold harmless the Sweepstake Entities from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize. Entrant agrees that in any cause of action, the Sweepstakes Entities’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages."
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL SWEEPSTAKES RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SWEEPSTAKES ENTITIES IN CONNECTION WITH THIS SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN. EACH PERSON WHO PARTICIPATES IN THIS SWEEPSTAKES AGREES THAT THE STATE AND FEDERAL COURTS LOCATED IN DENVER, COLORADO SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY SUIT OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON THESE OFFICIAL SWEEPSTAKES RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SWEEPSTAKES ENTITIES IN CONNECTION WITH THIS SWEEPSTAKES AND EACH HEREBY WAIVES ANY CLAIM THAT IS NOT SUBJECT PERSONALLY TO THE JURISDICTION OF SAID COURTS OR THAT ANY SUCH SUIT OR OTHER PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR IMPROPER VENUE.
9. WINNERS LIST
For a list of winners, send a self-addressed, stamped envelope to: The Lia Show, Attn: “Lia’s Disney Vacation Club Family Flyaway” Sweepstakes!” Winner List, PO Box 2048, Seattle, WA 98111. Requests must be received no later than May 16, 2010. Allow 2-4 weeks for delivery.
10. SPONSOR
Dial Global Radio Networks, Inc., 3131 Elliott Avenue, Suite 770, Seattle, WA 98121.