Epcot® International Flower & Garden Festival Grow Your Garden Instant Win Game & Community Garden Essay Contest Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING

OPEN ONLY TO INDIVIDUALS WHO ARE ELIGIBLE LEGAL RESIDENTS OF FLORIDA WHO ARE AT LEAST 18 YEARS OF AGE AS OF THE DATE OF ENTRY

  1. BRIEF OVERVIEW: Epcot® International Flower & Garden Festival Grow Your Garden instant Win Game & Community Garden Essay Contest ("Promotion") starts 3/8/10 at 12:00 A.M., ET and ends 4/30/10 at 11:59:59 P.M, ET ("Promotion Period"). The Promotion consists of an on-line "Grow Your Garden" Instant Win Game ("Game"), and an on-line Community Garden Essay Contest ("Contest"). Individuals may play the Game (sometimes referred to as "Game Play") once per day without submitting an entry into the Contest; however, individuals must play the Game at least once before being eligible to submit an entry into the Contest.
  2. ENTRANT ELIGIBILITY: All legal residents of Florida, 18 years and older as of time of entry, are eligible to enter the Promotion except persons who are officers, directors, employees or independent contractors (and members of their household or their immediate family, i.e. spouse, parent, child, sibling, step-parent, the "step" of each of the aforementioned and their household members) of Disney Destinations, LLC, the sponsor of the Promotion ("Sponsor"), its affiliates, subsidiaries, advertising, promotion and web design agencies , including PrizeLogic LLC, the independent entity administering the Promotion ("PrizeLogic"), collectively referred to as "Sponsor & Others" and other individuals/entities associated with this Promotion are not eligible to enter or win. See Rule 3 for eligibility requirements for organizations that may be nominated to receive the Grand Prize in the Contest.
  3. THE GAME (A) HOW TO PLAY THE GAME: Visit www.EpcotGardenContest.com (the "Website") and register by completing all of the requested information, e.g., email address, your first and last name, date of birth, valid email address, and zip code. Regardless of the email address used, a participant may only play the Game once each day throughout the Promotion Period. A day will be deemed to start at 12:00 A.M., ET and end at 11:59:59 P.M. ET of a calendar day. The computer of PrizeLogic shall be deemed to be the official Game clock. After you have successfully registered, each day that you log onto the Website during the Promotion Period, follow the on-line instructions to play the Game. After you have completed playing the Game, you will receive an on-screen message informing you whether or not you are an Instant Winner of the Game prize ("Game Prize"), subject to verification. You will also receive a message inviting you to enter the Contest, as described in Rule 4 below. In order for your Game Play to be a potentially winning Game Play, it must have occurred either at the exact randomly predetermined winning time as determined by PrizeLogic , or if no Game Play has occurred at that exact time, it must be the Game Play that occurred at the closest time immediately following the randomly predetermined winning time. Only one (1) Game Prize per person or household address throughout the Promotion Period. All potential Game Prize Winners are subject to verification and compliance with these Official Rules. (B) PRIZES/ODDS OF WINNING: A maximum of Fifty-Four (54) Game Prizes, as described below, are available to be won throughout the Promotion Period. Each Game Prize consists of a pair of 4-Day Dream Passes ("Passes") to Walt Disney World® Resort near Orlando, Florida. (ARV: $198 each Game Prize; TARV: $10,692 of 54 Game Prizes). Passes are valid from 3/8/10 – 3/26/10 and 4/10/2010 – 5/25/2010. Passes may be used at any of the theme parks at the Walt Disney World® Resort; only one (1) theme park per day. Proof of Florida residency is required. Game Prizes and/or their components are not redeemable for cash and they may not be sold, traded, transferred, refunded or commissioned, or substituted, except by Sponsor with one of equal or greater value. Passes exclude activities/events that are separately priced. Additionally, all costs and expenses, including (without limitation) transportation to and from the Walt Disney World® Resort, accommodations, meals, ; merchandise and souvenirs and all other costs and expenses are solely each Game Prize Winner's responsibility. Prize fulfillment is subject to availability and restrictions at the Walt Disney World® Resort. Winners may be asked to confirm/correct their personal information prior to mailing of their Game Prize. In no event will more Game Prizes be awarded than are stated in these Official Rules. In the event that due to technical, typographical, mechanical or other errors, there are more potential winners than there are Game Prizes that are stated in these Official Rules, a random drawing among the claimants will be held to determine the Game Prize Winner(s). Limit: One (1) Game Prize per person or household address throughout the Promotion Period regardless of email address used. If any Game Prize is returned as undeliverable, the respective Game Prize will be forfeited and will not be awarded to another potential winner. Odds of winning a Game Prize depend on the date and time of Game Play and number of eligible Game Plays.
  4. THE CONTEST: (A) HOW IT WORKS: Eligible Florida residents may nominate a non-profit community organization that meets the eligibility criteria stated in Rule 4(C) below to compete for the Grand Prize by submitting an essay, accompanied by a photograph (collectively, referred to as the "Essay") which meets the requirements stated below. Essays must be submitted prior to the end of the Promotion Period. Essays will be judged according to the criteria stated in this Rule 4. (B) GRAND PRIZE (1): The Grand Prize will consist of the custom design of a garden by Disney horticultural experts using some plants from the Epcot® International Flower & Garden Festival, on-site installation and plant material to fill either pre-existing beds or new ground level beds. Installation will occur on a date designated by Sponsor between 5/16/10 and 5/16/11. The Nominated Organization (as hereinafter defined) that is selected to win the Grand Prize will be required to provide Sponsor with documents evidencing eligibility and to sign and return Affidavits & Releases and such other documents as may be requested by Sponsor prior to award of the Grand Prize. Failure to return any such documentation by the deadline established by Sponsor shall result in the disqualification of the Nominated Organization. (C) ORGANIZATION ELIGIBILITY REQUIREMENTS - ADMINISTRATIVE: To be eligible to be nominated, a nominated organization ("Nominated Organization") (i) must be a non-profit, tax exempt charitable community organization which meets the requirements of Section 501(c)(3) of the Internal Revenue Service Code or it must be a National Center for Education Statistics ("NCES") registered school located in Florida; (ii) must have a minimum of a two (2) year operating history; (iii) will be required provide proof of its Section 501(c)(3) status by providing its Tax Exemption Certificate or IRS Determination Letter; (iv) must be in good standing with the Internal Revenue Service; (v) must have proof of good and valid title in fee simple absolute to the physical space in the State of Florida that the garden is to be situated on; and (vi) the garden's proposed installation site must not exceed, 1,500 square feet, meet American with Disabilities Act accessibility requirements, be free of all debris and trees, and have an adjacent usable water source. (D) ENTRY REQUIREMENTS - CONTENT: The Essay must state (i)the nominator's name, complete address, valid email address, telephone and age; (ii) the Nominated Organization's complete legal name, complete address, contact person; valid email address of the Nominated Organization and of its contact person, and telephone number; (iii) a brief description, in approximately 200 words, of the Nominated Organization and its purpose; (iv) a brief description, in approximately 200 - 400 words, of how the Grand Prize would be utilized by the Nominated Organization and the benefits it would provide to the local community; and (v) a brief description, in approximately 200 words, of how the Grand Prize would be maintained and by whom. In addition, the Essay must include an uploaded color photograph of the proposed garden space as it currently appears. All Essays become the property of Sponsor and will not be returned. (E) ESSAY JUDGING & JUDGING CRITERIA: Starting approximately 5/1/10, the Essays will be judged by a panel of qualified individuals selected by Sponsor ("Contest Judges") according to the following criteria: (i) how the Nominated Organization currently benefits its local community - 10%, (ii) how the Grand Prize would be used by the Nominated Organization - 40%; (iii) the impact that the Nominated Organization's winning the Grand Prize would have on its local community, including who would benefit from the use of the garden - 40%; and (iv) ease of access for garden installation, how the garden would be maintained and who would provide its required maintenance and upkeep -10%. The Grand Prize would be awarded to the Nominated Organization described in the Essay that received the highest score from the Contest Judges based upon the above criteria. In the event of a tie, a Contest Judge not previously involved in the judging process would review and evaluate the tied Essays according to the criteria stated above in order to break the tie and determine the winning Nominated Organization. The Nominated Organization which has been selected as the potential Winner of the Grand Prize will be announced on or about 5/10/10 and it will be notified by email, postal mail, telephone, or overnight courier. The decisions of the Contest Judges are final. In the event that a potential Grand Prize Winner does not sign and return the requested documents in a timely fashion or if it has been determined, in Sponsor's sole judgment, not to be in compliance with these Official Rules, the Grand Prize may be awarded to the Nominated Organization which received the next highest score from the Contest Judges. (F) ESSAY'S LEGAL REQUIREMENTS: Each Essay must be the nominator's own original and accurate creation, created solely by that nominator. The Essay may not have been published previously or won any other contest, prize or award, may not currently be submitted or under consideration in another promotion during the Promotion Period, and the right to submit it in the Contest must not be restricted. The Essay must not invade or defame the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights; nor may it mention the name, trademark, or logo of any manufacturer, business, brand, product, company or character not owned by Sponsor. Sponsor reserves the right, at any time during the contest, to require satisfactory proof that nominator has obtained consent from any person(s) or entity who may reasonably claim that their privacy or publicity rights have been or will be violated by submission or use of an Essay. No reproduced, illegible, incoherent, incomplete, offensive or distasteful Essay will be accepted. Similarly, Essays may not: contain, mention, refer or otherwise allude to any obscene, lewd, violent, illegal, offensive, disparaging or inappropriate words, abbreviations, language, signs, products, symbols, political, personal and/or religious references or statements (including but not limited to words that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group); promote alcohol, illegal drugs or tobacco, firearms/weapons (or the use of any of the foregoing), promote any activities that may appear unsafe or dangerous, or promote any particular political agenda or message. Non-complying Essays will be disqualified. Each nominator unconditionally assigns and transfers to Sponsor all rights, title, and interest including, without limitation, copyright and other intellectual property interests, in whole and in part, which he/she now has or may in the future have to the submitted Essay and/or any element(s) therein including, without limitation, its use for advertising, publicity, promotion, or in commerce and in any and all media worldwide without limitation and without payment or consideration to any person or entity. Sponsor shall have the right to edit, modify, publish, use, alter, assign, transferor dispose of such Essay however it sees fit without approval of the nominator. Each nominator agrees that his/her personal information may be used in connection with the Promotion and Sponsor may use the name and/or likeness of said nominator of the winning Essay, worldwide in any medium without limitation, for advertising/promotion purposes without additional compensation as allowed by law. By entering, each nominator agrees that he/she agrees not to bring any claim, action, or proceeding of any kind or nature against Sponsor or its affiliated companies, subsidiaries, agents, directors, officers, employees, shareholders or promotion partners in connection with this Contest. Nominators acknowledge and agree that they shall not receive any compensation for granting Sponsor the title to or use of their Essay. Sponsor is not responsible for typographical errors, omitted words or any other errors in any Essay. (G) REPRESENTATIONS/ WARRANTIES & GRANT OF RIGHTS AS CONDITIONS OF ENTRY: A nominator by registering and uploading an Entry, represents and warrants that: (i) s/he has the legal capacity to enter this Contest; (ii) the Essay and all of the content material contained in it are original and have been legally created by the nominator and by no other persons; (iii) s/he owns all rights and title to the Essay; (iv) the Essay does not infringe the intellectual property, privacy, publicity rights or any other legal or moral rights of any third party; (v) the Essay has not been entered in or won previous contests or awards; (vi) the Essay has not been published or distributed previously in any media; and (vii) s/he has obtained permission from each person whose name, image, likeness is included in the Essay, and that such person(s) has granted the nominator all necessary rights to use the person's name, image and/or likeness as described in these Official Rules, and that nominator can and will make written copies of such permissions available to the Sponsor upon request. If the name, image and/or likeness of a minor is included in the Essay, such grant of rights must include written permission from the minor's parent or legal guardian authorizing the use of the minor's name, image and/or likeness on behalf of the minor. By uploading an Essay, a nominator irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional, unlimited and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse the Essay (in its original form or as edited/modified in any way by the Sponsor, in its sole discretion), as well as to use (or not use) it or any portion of it n any and all media without limitation, worldwide and throughout perpetuity, without additional compensation, notice to, or approval from the entrant or any other party. Furthermore, by uploading an Essay, a nominator agrees that his/her Essay will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the nominator irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Essay, including but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for valid consideration, the receipt and sufficiency of which is hereby acknowledged. Nominators hereby waive in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights of Authors" or any other intellectual property rights, privacy/publicity rights or similar rights or principles of law that s/he may now or later have to his/her Essay that might limit or preclude Sponsor's use of the respective Essay and agrees not to sue or assert any claim against Sponsor & Others arising out of or connected to the use of the Essay. Each nominator further agrees to indemnify and hold harmless Sponsor & Others from any and all claims, damages, expenses, costs (including, without limitation, attorneys' fees) and liabilities (including, without limitation, settlements), brought or asserted by any third party against any of them due to or arising out of the respective Essay, or the nominator's conduct in creating an Essay, or any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor or other actions in connection with this Promotion including but not limited to claims for trademark infringement, copyright infringement; violation of an individual's right of publicity or right of privacy; false advertising or defamation. EACH NOMINATOR REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT NEITHER S/HE NOR ANY THIRD PARTY WILL BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY IN EXCHANGE FOR GRANTING SPONSOR THESE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH ESSAY BY SPONSOR.
  5. INTERNET/LIMITATIONS OF LIABILITY: Sponsor & Others are not responsible for illegible, lost, late, incomplete, stolen, misdirected postage due, or undeliverable, email, or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any typographical, mechanical or technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Sponsor & Others are not responsible for any incorrect or inaccurate information, whether caused by web site users, or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, typographical or technical error, theft or destruction or unauthorized access to any web site(s). Sponsor & Others are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in this Promotion. If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or any portion of the Promotion and/or proceed with the Promotion in a manner deemed fair and appropriate by Sponsor, including selection of Game and Contest Winners from among eligible entries received prior to such cancellation, termination, modification or suspension. IN NO EVENT WILL SPONSOR & OTHERS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS PROMOTION OR ACCEPTANCE OF ANY PRIZE. SPONSOR MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS TO ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion or any portion of the Promotion; to be acting in violation of these Official Rules; or to be acting with the intent to disrupt the normal operation of this Promotion or any portion of the Promotion. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
  6. PRIVACY POLICY: Any personally identifiable information collected during a participant's participation in this Promotion will be collected and used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules and in accordance with Sponsor's Privacy Policies as stated at www.epcotgardencontest.com/privacy.html or as otherwise expressly consented to by a participant during any separate opt-in opportunity provided to entrant during entry into the Promotion. If a participant does not fully agree to the terms of the Privacy Policy, such participant should not provide any personal information on the website or enter the Promotion.
  7. PUBLICITY RIGHTS: The nominator who submits the winning Essay and Game Prize Winners agree to allow Sponsor and/or Sponsor's designee the perpetual right to use his/her name, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, world wide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
  8. RELEASE: By participating in this Promotion, each participant releases and agrees to indemnify and hold harmless Sponsor & Others from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Promotion or arising out of participation in any Promotion-related activity, or the receipt, use or misuse, of any Prize or Prize related activity.
  9. DISPUTES: Except where prohibited, by participating in the Promotion, participants agree that: (a) except as otherwise specifically set forth in these Official Rules, any action arising out of or relating to these Official Rules or the rights and obligations of any participant and/or Sponsor shall be filed exclusively in the U.S. District Court for the Middle District of Florida (or if the District Court shall not have jurisdiction over the subject matter thereof, then to the Circuit Court of the 9th Judicial Circuit in and for Orange County, Florida) and participants hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action, and any right to a trial by jury is hereby waived; (b) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of any participant and/or Sponsor shall be resolved individually, without resort to any form of class action; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event will participants be entitled to receive attorneys' fees or other legal costs; (d) under no circumstances will participants be permitted to obtain injunctive or other equitable relief and a participant's sole remedy will be an action at law for damages to the extent allowed by sub-paragraphs (c) and (e) of this Rule 10; and (e) under no circumstances will participants be permitted, and participants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of pocket costs described in (c) above; and (ii) have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and/or Sponsor shall be governed by and construed in accordance with the laws of the State of Florida without giving effect or regard to any principles or doctrines of conflicts of law of the State of Florida or any other jurisdiction. If any provision or provisions of these Official Rules shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
  10. GENERAL: By participating in this Promotion, participants agree to abide by these Official Rules. The decisions of PrizeLogic and/or Sponsor shall be final and binding in all matters pertaining to this Promotion. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. All pertinent federal laws and laws of the State of Florida shall apply. All entries become property of Sponsor and will not be returned. Void in all jurisdictions other than Florida and wherever prohibited by law.
  11. WINNERS LIST: To obtain the names of the Winners, send a properly stamped, self-addressed envelope to: Epcot® International Flower & Garden Festival Grow Your Garden Instant Win Game & Community Garden Essay Contest Winners List, P.O. Box 251328, West Bloomfield, MI 48325 by 5/16/10.

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The "Epcot® International Flower & Garden Festival Grow Your Garden Instant Win Game & Community Garden Essay Contest Official Rules" may not be re-published or re-printed in whole or in part without the prior written permission of Disney Destinations, LLC.