RADIO DISNEY MUSIC AWARDS SHAPE THE SPOTLIGHT CONTEST OFFICIAL RULES (“Rules”)


NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE ONE’S CHANCES OF WINNING. VOID WHERE PROHIBITED. MUST BE BETWEEN 6 AND 18 YEARS OF AGE OR A PARENT/LEGAL GUARDIAN OR GRANDPARENT OF ELIGIBLE CHILD TO ENTER. MINORS MUST HAVE PERMISSION FROM THEIR PARENT OR LEGAL GUARDIAN TO ENTER. A PRIZE WON BY A MINOR WILL BE AWARDED IN THE NAME OF SAID MINOR’S PARENT OR LEGAL GUARDIAN. MANY WILL ENTER, FEW WILL WIN. WINNERS MUST TRAVEL ON OR ABOUT APRIL 28, 2017. VOID WHERE PROHBITED.


  1. SPONSOR: ABC Radio Networks Assets, LLC d/b/a Radio Disney (“Sponsor”), 500 South Buena Vista St., Burbank, CA, 91521 is solely responsible for all aspects of this contest (“Contest”).


  2. ADMINISTRATOR (“Administrator”): Ventura Associates International LLC, 60 East 42nd Street, Suite 650, New York, NY 10165, an independent judging organization whose decisions are final and binding with respect to the Contest.


  3. ELIGIBILITY: To be eligible for this Contest, at the time of entering you (referred to herein as “you” or “Entrant”) must: [a] be between the ages of six (6) and eighteen (18) (a parent/legal guardian or grandparent of an eligible Entrant may submit the entry on the Entrant’s behalf), [b] be a legal resident of, and physically residing in one of the fifty (50) United States or the District of Columbia (“Territory”); [c] not be an employee of the Sponsor or Administrator; their parent, divisions, affiliates, subsidiary company or their advertising, promotion or fulfillment agencies involved in this Contest (collectively, “Entities”), nor a Household Member (defined below) or Immediate Family Member (defined below) of such employee; [d] not have any contractual relationships that could interfere with or prohibit you from entering and fully participating in the Contest (the Sponsor retains the right to determine in its sole discretion if an existing agreement represents a conflict); and [e] be willing to have your Entry (as defined below in Section 4) published in advertising and marketing materials (“Advertisement”) used to promote and advertise the Radio Disney Music Awards Show (“RDMAS”) or otherwise distributed, in connection with, or to promote, the Contest and/or the Radio Disney mobile application (“App”), and/or for any other commercial or other purpose as determined by Sponsor. For clarity, the Video (as defined below in Section 4) must include the Entrant (i.e., the child between the ages of six (6) and eighteen (18)) in order for the Entry to be eligible.


    If you are a minor (“Minor”) as defined by your state of residence, please get your parent’s or legal guardian’s (“Parent”) permission to enter. Void where

    prohibited and subject to all applicable federal, state, local, and municipal laws and regulations.

    Household Member” shall mean people who share the same residence at least three (3) months a year, whether related or not. “Immediate Family Member” shall mean parents and/or legal guardians, step-parents, grandparents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. For the avoidance of doubt, the above categories of ineligible persons refer to both the Entrant as well as the potential Finalist’s Guest (as defined in section 8 below).


    Entrants and any optional Video Participants (as defined below) may not have been convicted of a felony. By entering, each Entrant understands and agrees that, if selected as one of the Finalists (defined in section 4 below), the Entrant and any optional Video Participants that appear in the Entrant’s Video will be required to consent to a background check (unless such person is a Minor); and, failure to sign such consents and authorizations and/or to furnish all required information will result in disqualification. In addition, Sponsor reserves the right in its sole discretion, to disqualify any Entry and/or disqualify the potential Finalist if the results of such background check reveal that the Entrant and/or potential Finalist and/or any Video Participants that appear in the Video are not eligible to participate in the Contest or has been convicted of, or is currently charged with, a felony or a crime of moral turpitude, as determined by Sponsor in its sole discretion.


    For purposes of these Rules, all times and days are Pacific Time (“PT”). Sponsor’s computer is the official time keeping device for this Contest; and the awarding of any prize is subject to the eligibility and forfeiture provisions set forth herein. The times set forth below are subject to change in Sponsor’s sole discretion. In the event of any change, notice of the revised date or time will be posted on App. Normal Internet access and usage charges imposed by your on- line service will apply. It is solely your responsibility to notify the Sponsor if you change the email address (“Address”) associated with your Entry.


  4. BRIEF OVERVIEW OF CONTEST:


    Contest is being conducted in three (3) phases as follows:


    Phase 1/Entry Phase: You may enter this Contest via the App (as more fully described below) starting at 12:00 PM (noon) PT on February 13, 2017, and ending at 11:59 PM PT on March 5, 2017 (“Entry Period”), by completing the following steps: [a] create a video that shows how you, the Entrant (a child between 6 – 18 years of age), either on your own or as part of your Family [as defined below]) would present an award at the RDMAS and why you should be chosen to present an award at the RDMAS (“Video”); [b] follow the instructions (“Instructions”) within these Rules and posted in the App to create your Video; and [c] submit your Video and complete an entry form (“Entry Form”) on the

    App. Video and Entry Form are collectively referred to herein as “Entry” and “Entries”. All Entries will be judged, and if selected as a Finalist as set forth below, your Entry will be presented for public voting. Incomplete Entries will be disqualified.


    YOUR VIDEO MUST INCLUDE THE ENTRANT (I.E., A CHILD BETWEEN THE AGES OF 6 – 18 AT THE TIME OF ENTRY) AND MAY ALSO INCLUDE UP TO THREE (3) MEMBERS OF THE ENTRANT’S “FAMILY.”


    FOR PURPOSES OF THIS CONTEST, A “FAMILY” CONSISTS OF INDIVIDUALS WHO HAVE RELATIONSHIPS WITH THE ENTRANT (I.E., THE CHILD BETWEEN THE AGES OF 6 – 18) AND EACH OTHER THAT ARE CONSIDERED FAMILIAL IN NATURE, EITHER BY BLOOD, LAW OR MARRIAGE (E.G., NUCLEAR AND EXTENDED FAMILY MEMBERS).


    ANY OPTIONAL “FAMILY” OF THE ENTRANT WHO ARE INCLUDED IN THE ENTRANT’S VIDEO ARE REFERRED TO HEREIN AS “VIDEO PARTICIPANTS” AND MUST CONSENT TO BE INCLUDED IN THE VIDEO AND/OR CONTEST. IN THE EVENT THE VIDEO CONTAINS FOUR (4) FAMILY MEMBERS (I.E. ENTRANT AND THREE (3) VIDEO PARTICIPANTS), ONE (1) VIDEO PARTICIPANT MUST BE A PARENT/LEGAL GUARDIAN THAT WILL BE RESPONSIBLE FOR MINORS IN THE EVENT ENTRANT IS AWARDED A PRIZE (AS DEFINED IN SECTION 8 BELOW).


    SPONSOR MAY, IN ITS SOLE DISCRETION, DISQUALIFY ANY ENTRY THAT INCLUDES PERSON(S) THAT SHOULD NOT BE INCLUDED AS PART OF THE ENTRY AS SET FORTH ABOVE. ALL DETERMINATIONS REGARDING FAMILY MEMBERS/VIDEO PARTICIPANT ELIGIBILITY SHALL BE AT SPONSOR’S SOLE DISCRETION AND SHALL BE FINAL AND BINDING.


    BY SUBMITTING A VIDEO, ENTRANT AGREES TO SUBMIT A SIGNED RELEASE TO APPEAR ON THE RDMAS IF THEY BECOME A FINALIST. ENTRANT MUST ALSO HAVE THE WRITTEN CONSENT OF ANY VIDEO PARTICIPANTS (OR THEIR PARENT/LEGAL GUARDIANS, AS APPLICABLE) GRANTING THE ENTRANT THE RIGHT TO INCLUDE SUCH PERSON IN THE VIDEO AND CONTEST. POTENTIAL FINALISTS MUST FURNISH WRITTEN PROOF OF SUCH CONSENTS AS A CONDITION OF BEING CONFIRMED AS A FINALIST AS SET FORTH IN SECTION 7 BELOW.


    There is no limit to the number of Videos an Entrant may submit.


    In order to enter, you must download the App: Download the App, available on Google Play and the iTunes App store, to at least one (1) mobile device (e.g., your smart phone or tablet). Once you access the App, look for the tile/box that mentions this Contest, click the tile/box and complete the online registration form. If you are between the ages of 6 and 12 (inclusive), please enter your first name and your

    Parent’s email address; if you are between the ages of 13 and 18 (inclusive) (or the Parent or grandparent of an eligible child) please enter your first name and your own email address (“Address”). The App is free to download and use, but subject to the listed terms and conditions described within the App. Data charges may apply. Standard rates will apply according to the terms and conditions of the Entrant’s service agreement with his/her wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on the Entrant’s mobile phone bill or be deducted from his/her prepaid account balance. Wireless carriers’ rate plans may vary, and the Entrant should contact his/her wireless carrier for more information on rate plans and charges relating to his/her participation in this Contest. Wireless service may not be available in all areas. Each Entrant should check his/her mobile device capabilities for specific instructions.

    See Section 10C(ii)[2] for more details on the use of Disney intellectual property (“Disney IP”) or RDMA intellectual property (“RDMA IP”). No purchase is necessary to enter this Contest or for the creation of a Video, nor will it increase your chances of winning. Entries must be appropriate for PG audiences as determined by Sponsor.


    Video must be in one of the following file formats: avi, .wmv, .asf, .mov, .3gp, .mp4,

    .mpg, or .m4v (“Format”), no larger than 200 MB (“File Size”), and a maximum of two minutes (2:00) in duration (“Duration”).

    If you are 13 or older, you will be agreeing to the Disney Terms of Use (“TOU”), located at http://disneytermsofuse.com, to these Rules and the decisions of the Judges and Sponsor, which are final and binding in all respects. Furthermore, you grant Sponsor permission to email your Address regarding the possible use in any media of any Entry submitted by you.


    If you are younger than 13, an email will then be sent to your Parent’s Address, which will instruct your Parent to click the link in the email to validate your Parent’s Address, agree to the TOU, to these Rules and the decisions of the Judges and Sponsor, which are final and binding in all respects, on behalf of himself/herself and on your behalf, and grant Sponsor permission to email your Parent’s Address regarding the possible use in any media of any Entry submitted by you. If your Parent does not take these steps, your Entry cannot be entered into the Contest. Once your Parent takes these steps, your Entry will be moderated for possible inclusion to be posted on the App and entered in the Contest. If your Entry passes moderation and is chosen for possible inclusion on the App, your Parent will receive an additional email to provide high-level verifiable consent to display the Entry on the App or elsewhere as required by the Children’s Online Privacy Protection Act. Your Parent can provide this consent by clicking on the PayPal link in the email, signing into their PayPal account or creating a PayPal account if they do not have one, and completing a nominal PayPal transaction of one cent ($.01). If this step is not taken, your Entry will not be eligible to be entered into the Contest or posted on the App or elsewhere.

    In the event of any discrepancy or inconsistency between the terms of these Rules, the Privacy Policy (defined below) and/or TOU, the terms of these Rules shall govern. Sponsor reserves the right not to post any Entry for any reason in its sole discretion. Entries will not be returned, and Sponsor reserves the right to use any portion of the Entry in perpetuity, without compensation, for any commercial or promotional or other purpose, except where prohibited by law. Your Entry may be edited, adapted, modified and/or used to create derivative works by Sponsor at its sole discretion.


    When creating your Entry, please adhere to the Do’s & Don’ts below and on the App.


    DO’s & DON’Ts


    Do’s...


  5. CONTEST ENTRY REQUIREMENTS: All Entries must meet the following requirements and specifications to be eligible:


    1. The Entry must be authorized. This means that you must have the legal right and any and all permissions necessary to submit the Entry into the Contest. By submitting the Entry, you hereby represent that you have all rights necessary to distribute the Entry through the App or any other website and to grant to Sponsor the rights set forth herein.


    2. With the exception of any Disney IP or RDMA IP you may use, the Entry must be your original work and must not infringe the copyright, trademark, privacy, publicity or any other intellectual property right of any person or entity.


    3. The Entry must meet all specifications set forth by Sponsor in these Rules, including, without limitation, Format, Duration and Size, and those specifications described in the Rules.


    4. The Entry must not, in the sole discretion of Sponsor, contain any inappropriate content including but not limited to, material which is

      (or promotes activities which are) abusive, harassing, threatening, an invasion of a right of privacy of another person, bigoted, hateful, racially offensive, discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), vulgar, obscene, pornographic or otherwise sexually explicit, harmful or can reasonably be expected to harm any person or entity, profane, offensive or otherwise objectionable as determined by Sponsor and/or Administrator in their sole discretion; must not contain material which is (or promote activities which are) illegal or encourage or advocate illegal activity or the discussion of illegal activities with the intent to commit them (including Entries that are, or represent an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, underage drinking, drug dealing and/or drug abuse, harassment, computer hacking, theft, or conspiracy to commit any criminal activity) or otherwise unlawful. The Entry must not violate these Rules or the TOU.


    5. The Entry must not disparage the Entities.


    6. With the exception of any Disney IP or RDMA IP you use in your Entry, you represent and warrant that: (i) you are the sole and exclusive creator and owner of the Entry, and all rights thereto; (ii) you have the full and exclusive right, power and authority to submit the Entry to Sponsor upon the terms and conditions set forth herein; (iii) the Entry has not been previously published nor has it received any previous awards and/or prizes; (iv) no rights in the Entry have previously been granted to any person, firm, corporation or other entity or otherwise exercised or exploited; and (v) the full use of the Entry or any part thereof will not in any way violate or infringe upon any copyright (statutory or otherwise), constitute a libel or defamation of or an invasion of the rights of privacy or publicity of, or otherwise violate or infringe upon any other personal, property or other rights of any person, firm, corporation or other entity or subject Sponsor to any costs or liability of any kind or nature whatsoever.


    7. Any Entry that fails to meet Sponsor’s specifications may be disqualified. All Entries must be received during the Entry Period. In the event that the same Entry is received from more than one (1) Entrant, only the first Entry received will be accepted. Any Entry received after the applicable Entry Period will be disqualified. Proof of submitting an Entry does not constitute proof of receipt or entry into the Contest.

    8. You are responsible for, and must have obtained, prior, written approval from any identifiable person (or such person’s Parent if such person is a Minor) that appears in, is mentioned in, or otherwise contributed to the Entry (each a “Third-Party Participant”) for you to include such person in the Entry. By entering, you represent and warrant that you have obtained such permission and all other necessary authorizations from any Third- Party Participant (or such Third-Party Participant’s Parent if Third- Party Participant is a Minor) allowing use of such person’s name, likeness or contribution in the Entry, and you and each Third-Party Participant (or such Third-Party Participant’s Parent if Third-Party Participant is a Minor) agree to and do hereby assign all rights for usage to Sponsor. You may be required, at any time, to provide Sponsor with evidence of all such written permission(s) and authorizations immediately upon request, or you may be disqualified and rendered ineligible to receive a prize in this Contest.


  6. SPONSOR’S RIGHT TO DISQUALIFY: Sponsor reserves the right, in its sole discretion, to disqualify and remove any Entry that is not in compliance with the TOU or these Rules, including without limitation, any Entry that Sponsor believes potentially or actually infringes upon the copyrights, or other rights of any third party, or any Entry that is inappropriate, objectionable, or unsuitable for the uses contemplated in these Rules. In the event that a winner is disqualified, the prize will be forfeited and may or may not, at Sponsor’s sole discretion, be awarded to an alternate winner selected from among the remaining eligible Entries.


  7. FINALISTS NOTIFICATION PROCESS: On or about March 13, 2017, each potential Finalist or the Parent of such Finalist (if and as applicable) will be notified by email (“Email Notification”) at the Address associated with the Entry to verify their identity and eligibility. Potential Finalists or the respective Parent(s) of potential Finalists, as applicable, will be required to complete, sign and return within three (3) business days of transmission, an Affidavit of Eligibility, a Liability Release and Indemnification, a Materials Release, and a Depiction Release(s) for Entrant and any Video Participants appearing in the Video (parent signature required for all Minors appearing in Video), where allowed by law, the necessary paperwork for a background check for the Entrant and Video Participant(s) and any Guests (as defined and discussed in Section 8 below), unless any such person is a Minor, as well as release(s) from any person(s) who were involved in the creation of the Finalist’s Entry (if and as applicable) (collectively, “Finalist Documents”).


    At the sole discretion of the Sponsor, disqualification and the selection of an alternate potential Finalist may result from any of the following, without limitation:

    [a] a potential Finalist’s (or Finalist’s Parent’s) failure to respond to Email Notification within forty-eight (48) hours after its transmission; [b] the return of an

    Email Notification as undeliverable after three (3) attempts; [c] a potential Finalist’s or a Parent of respective Finalist’s failure to execute and return all Finalist Documents within three (3) business days of transmission; [d] a potential Finalist’s (or his/her Parent’s) failure to provide Sponsor with satisfactory proof of eligibility, and [e] any other non-compliance with these Rules or the TOU. In the event of a disqualification or prize forfeiture, Sponsor may, in its sole discretion, select or not select an alternate potential Finalist, i.e., the next highest scoring Entry (time permitting).


  8. THREE (3) FINALIST PRIZES: A three (3) day / two (2) night trip for the Entrant/Finalist and the up to three (3) Video Participant(s) from Finalist’s Video, or in the event that Finalist’s Video includes fewer than three (3) Video Participants, up to three (3) guests (individually, “Guest,” and the Guest(s), Entrant and Video Participant(s) shall collectively be referred to as the “Group”) to the Los Angeles, CA area (“City”), on Sponsor-selected dates (“Trip”) to attend the Radio Disney Music Awards (“Event”) consisting of the following elements for each Group: [1] hotel accommodations (one standard room/quad occupancy, including room tax) for two (2) nights; [2] up to four (4) tickets to the Event to be held on or about April 29, 2017; [3] hotel/Event transfers; [4] if Finalist’s residence is located more than two hundred fifty (250) miles from the City, round-trip coach air transportation on a Sponsor-selected carrier between a Sponsor-selected major metropolitan airport near Finalist’s residence (“Airport of Origin”) and a Sponsor-selected airport in or near the City; but if Finalist’s residence is located two hundred fifty (250) miles or less from the City, round-trip ground transportation via a Sponsor-selected method between Finalist’s residence and the hotel; [5] airport/hotel transfers if air transportation is provided (“Prize”).


    Prize” shall mean and refer to each Finalist Prize and the Grand Prize.

    Winner” shall mean and refer to each Finalist and the Grand Prize Winner.


    ONE (1) GRAND PRIZE: The Grand Prize consists of the Prize (as defined above) plus the opportunity for the Grand Prize Winner and the Video Participants from Grand Prize Winner’s Video (if any) to appear on stage during the Event and present an award at the RDMAS. The specific award that the Grand Prize Winner and the Video Participants will present, the duration of the appearance on stage and all other details regarding the presentation of an award at the RDMAS shall be determined solely at Sponsor’s discretion.


    Group must take Trip on Sponsor-selected dates estimated to be April 28, 2017 through April 30, 2017, or Prize will be forfeited in its entirety and, at Sponsor’s discretion, awarded to an alternate Winner, i.e., the next highest scoring Finalist (if time permits). If the Prize is awarded to a non-resident of California, the Prize will also include an estimated cash amount of $280, which cash amount will be withheld to defray his/her payment of taxes payable as a result of winning the Prize. ARV: $4,000 (if Winner is a resident of California), or $4,280

    (if Winner is not a resident of CA), which will vary depending upon point of departure and seasonal fluctuation of hotel rates and airfares.


    The Group must travel together on the same itinerary and must travel from the same Airport of Origin. Members of the Group are solely responsible for obtaining any and all necessary travel documents (i.e. valid photo I.D., passport, etc.) before departure. All Guests will be required to execute a Release of Liability prior to ticketing. If Winner is a Minor, the applicable Prize will be awarded for the benefit of the Minor to his/her Parent, who will be solely responsible on behalf of the Minor for all applicable documents and taxes.


    If Winner is a Minor, he/she must be accompanied on the Trip by his/her Parent at all times, who shall count as one of the Winner’s allotted Guests. If any Guest is a Minor, he/she must be accompanied on the Trip by his/her Parent/legal guardian at all times, who shall count as one of the Winner’s allotted Guests.


    All federal, state and local taxes (including but not limited to income and withholding taxes), sales taxes on or connected with the Prize (as defined below), and the reporting consequences thereof, are solely the responsibility of the Winner who will receive an IRS Form 1099 reflecting the final actual value of his/her Prize (as defined below). Prize (as defined below) is subject to California non-resident withholding taxes if Winner is a non-resident of California.


    All expenses not specifically mentioned herein are not included and are solely the Winner’s responsibility, including but not limited to: round trip transportation between the Winner’s residence and any Airport of Origin, beverages, tax, food, gratuities and tips, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls. Travel and lodging and seeing various performers and stars are subject to availability, certain restrictions, blackout dates and Sponsor’s approval. Airline carrier and hotel regulations and conditions, including any age restrictions and requirements, apply. Travel must be made through Sponsor’s agent and Sponsor shall determine airline and flight itinerary in its sole discretion. Once the travel schedule has been arranged, it cannot be altered and failure of Winner to follow such schedule shall not obligate Sponsor in any way to provide the Winner with alternate arrangements. Entities are not responsible for airline cancellations or delays. 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). If a Winner elects to travel or partake in the Trip with no Guest, no additional compensation will be awarded. Air transportation, ground transfers and accommodations must be taken together and cannot be taken separately.


    If the actual value of a Prize is less than the stated ARV, the difference will not be awarded. Prize is not redeemable for cash or transferable. Any depiction of a

    Prize is for illustrative purposes only. No substitution allowed except, at Sponsor’s sole discretion, a Prize of equal or greater value may be substituted. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers, certificates or Prize elements. Prize elements may not be separated. Airline tickets issued in conjunction with the Prize are not eligible for frequent flyer miles, and no code share flights may be used. Prize cannot be used in conjunction with any other promotion or offer. Prize will be awarded provided a sufficient number of eligible Entries are received and Prize is validly claimed by April 14, 2017, after which no alternate Winner will be selected, nor unclaimed Prize awarded.


    The Group must follow all instructions of Sponsor related to the Trip. Should Winner, Video Participants 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 Sponsor in its sole discretion), 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 Winner, Video Participants and/or Guest(s) home and/or take other actions as Sponsor deems appropriate in its sole discretion without any liability or other obligation to Winner, Video Participants or Guest(s). Event is subject to, and Sponsor is not responsible for, changes to schedule, exigencies or delays, postponements or cancellation of the Event. In the event the Event portion of the Prize cannot take place as scheduled for any reason including but not limited to scheduling conflicts, cancellations, postponement, location changes, an event of force majeure, Sponsor reserves the right to award the remainder of the Prize with no further obligation to a Winner.


    As a condition of accompanying a Winner on the Trip, Guest(s) will be required to consent to a background check; and, failure to sign such consents and authorizations and/or to furnish all required information will result in such Guest(s) not being allowed to accompany a Winner on Trip. In addition, Sponsor reserves the right, in its sole discretion, to refuse to allow a person selected as a Winner’s Guest to accompany a Winner on the Trip if the results of such background check reveal that such initially selected Guest has been convicted of a felony or a crime of moral turpitude, as determined by Sponsor in its sole discretion, in which case a Winner may choose an alternate Guest (who will also be subject to a background check). Should Sponsor determine that such substitute Guest is also not permitted to accompany a Winner on the Trip based on the results of background check, Sponsor will have no liability of any kind (either to a Winner, proposed Guest or any third party). If Winner elects to take the Trip without Guests or fewer Guests than provided for in the Prize package, components of the Trip will be awarded in increments/quantities suitable for the actual number of travelers and Winner will not receive any compensation or substitute/alternate Prize for same.

  9. PRIVACY POLICY/DATA COLLECTION: All personal information provided by you for this Contest is subject to Sponsor’s privacy policy located at https://disneyprivacycenter.com (“Privacy Policy”).


  10. GENERAL RULES:


    1. Disputes Over Winner’s Identity: In the event of a dispute as to the identity of a Winner based on the Address, the winning Entry will be declared made by the Authorized Account Holder of the Address. For purposes of these Rules, “Authorized Account Holder” is defined as the natural person who is assigned to an Address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning Addresses for the domain associated with the submitted Address.


    2. Site Marks: By participating in the Contest, you acknowledge and agree that the App contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Sponsor in writing, you agree not to use, reproduce, exploit, modify, rent, lease, loan, sell, distribute or create derivative works from content on the App, including its interface, in whole or in part, or any other logos and product and service names that are trademarks of the respective owners (the “App Marks”). Unless you have written permission, you hereby agree not to display or use the App Marks in any manner.


    3. Rights:


      1. Name and Likeness Rights: By participating in the Contest and accepting a Prize, you grant to Sponsor and its advertising and promotion agencies, a perpetual, non- exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide right to use the names, likenesses, voices and biographical information, of Entrant and any other person(s) appearing in the Entries. All rights granted to Sponsor in this paragraph shall be in all media formats and channels now known or hereafter devised (including, but not limited to, on the App, on third- party websites, on Sponsor’s broadcast and cable networks and stations, on Sponsor’s broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further

        notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.


      2. Entry/Entry Rights: By participating in the Contest and accepting any award, you grant to Sponsor: [1] a non- exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit your Entry, in whole or in part, in all media formats and channels now known or hereafter devised (including on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity; [2] if your Entry includes, uses and/or features Disney IP or RDMA IP, Sponsor grants you a non-exclusive license to create the Entry using Disney IP or RDMA IP for the purposes of creating a Entry for this Contest only, provided that such license shall be conditioned upon your assignment to us of all rights into the Entry (if such rights are not assigned to Sponsor, your license to create the Entry using Disney IP or RDMA IP shall be null and void) and; [3] not withstanding any other provisions in these Rules you agree that if your Entry is a Prize-winning Entry, you agree to sign an affidavit assigning all rights in and to your Entry to Sponsor.


    4. Not Responsible for Errors or Entries not Received: Sponsor is not responsible for any human, typographical or other errors in the printing of the Rules, marketing materials and/or the App, administration of the Contest or the announcement or distribution of the Prize, or for lost, late, misdirected, damaged, incomplete or illegal Entries.


    5. No Confidential or Fiduciary Relationship: You understand and agree that creative ideas, suggestions or other materials you submit are not made in confidence or trust and that no confidential or fiduciary relationship is established by your submitting the Entry hereunder, that you have no expectation of review, compensation

      or consideration of any type and nothing in these Rules or as a result of your submitting the Entry shall be deemed to place Sponsor in any different position from anyone else to whom you have not submitted the Entry.


    6. Comments: You agree that Sponsor, its affiliates, and its and their third-party vendors engaged to implement this Contest, are authorized to display the Entries for promotional or any other purpose.


    7. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, an insufficient number of Entries, or any other causes beyond Sponsor’s control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, extend and/or suspend the Contest and/or to award the Prize based on alternate means including, without limitation, based on Entries received prior to termination.


  11. RELEASE, WARRANTY, LIMITATION OF LIABILITY AND INDEMNIFICATION/CONDITIONS: You expressly understand and agree that:

    [a] You hereby release and hold harmless the Entities, and their respective agents, employees, officers, directors, shareholders, representatives and independent contractors (the “Released Parties”) from any and all liability for claims, demands, losses and liabilities, including, without limitation, for death and bodily injury, resulting, in whole or in part, directly or indirectly, from your participation in the Contest and/or the use or acceptance of any Prize won; [b] YOUR USE OF THE APP AND PARTICIPATION IN THE CONTEST IS AT YOUR SOLE RISK. THIS CONTEST IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT; [c] You agree to indemnify and hold harmless the Released Parties from and against any and all claims, liabilities (including, but not limited to, attorneys’ and experts’ fees, costs and disbursements), demands and actions of every kind and nature, whether or not now known or suspected (collectively, “Claims”), arising out of or in connection with (i) your participation in the Contest;

    (ii) any Entry submitted by you (including, but not limited to, any and all Claims of third parties, whether or not groundless, based on the Entry of such material); (iii) any posting by you on Sponsor’s App; (iv) the use by Released Parties of any of the rights granted by you in connection with the Contest; and (v) any breach by you of any warranty, agreement or representation contained in these Rules or TOU or in any documentation submitted by you; [d] any and all Claims shall be

    resolved individually, without resort to any form of class action; [e] Winner’s acceptance of any prize constitutes the grant of an unconditional right to Sponsor and assigns to photograph, film, or otherwise capture the fulfillment of the prize (“Fulfillment Filming”), and Sponsor shall have the unconditional right to reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize with visual material, modify, amend, create derivative works from, and otherwise use and permit others to use the Fulfillment Filming throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions, in perpetuity, without compensation, for any commercial or promotional or other purpose, except where prohibited by law; [f] Sponsor’s use of the Fulfillment Filming as described herein will not give rise to any claims of infringement, invasion of privacy, defamation or claims for performance or payment of any kind, including but not limited to payment of re-use fees, residuals or license fees; and [g] Sponsor shall have the right to make such changes to the Fulfillment Filming and make such uses thereof as it deems necessary or desirable, including but not limited to the right to use, edit, and reproduce and/or alter said Fulfillment Filming in perpetuity, in its entirety or in part, for any commercial or promotional purposes worldwide without any consultation or additional permission, or compensation, credit or attribution.


  12. INTERNET:


    1. Sponsor is not responsible for any electronic transmission errors resulting in any omission, interruption, deletion, defect, delay in operations or transmissions, theft or destruction or unauthorized access to or alterations of any Entries submitted, or for any technical, network, telephone equipment, electronic, computer, hardware or software malfunction or limitations of any kind, or any inaccurate transmissions of or failure to receive entry information on account of technical problems or traffic congestion on the Internet.


    2. SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY YOU IF YOU TAMPER OR ARE SUSPECTED OF TAMPERING WITH THE ENTRY PROCESS. ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY APP/WEBSITE OWNED OR OPERATED BY SPONSOR, INCLUDING, BUT NOT LIMITED TO, THE APP, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND/OR OTHER RELIEF FROM YOU TO THE FULLEST EXTENT OF THE LAW. IF SPONSOR IN ITS SOLE DISCRETION BELIEVES THAT ANY SUCH CONDUCT HAS OCCURRED, THEN SPONSOR MAY TAKE SUCH REMEDIAL MEASURES AS

    SPONSOR DEEMS APPROPRIATE IN KEEPING WITH THE FAIRNESS AND INTEGRITY OF THE CONTEST.


  13. GOVERNING LAW: All issues and questions of your rights and obligations in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings which are not subject to arbitration as set forth in these Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the borough of Manhattan. Any legal controversy or legal claim arising out of or relating to these Rules or this Contest, shall be settled by binding arbitration in accordance with the terms set forth in the TOU.


  14. WINNERS AND/OR RULES: For a copy of the Rules and/or the name of the Winners, send a separate, stamped, self-addressed envelope to: Radio Disney Music Awards Shape the Spotlight Contest Winner/Rules Requests, c/o Ventura Associates, Dept. BW, 60 East 42nd Street, Suite 650, New York, NY 10165, designating either Winner’s list or Rules. Requests must be received no later than April 26, 2017.


All trademarks are the property of the trademark owner.


This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Apple, Inc.