Freeform's Chrissy and Dave Dine Out Overspilled Contest

Freeform's Chrissy and Dave Dine Out Overspilled 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 18 YEARS OF AGE OR OLDER TO ENTER.

This Contest is in no way sponsored, endorsed or administered by, or associated with, Meta Platforms, Inc. Each Entrant (as defined in Section 4 below) participating in this Contest provides information to Sponsor and not to Meta Platforms, Inc. Any questions, comments, or complaints regarding the Contest must be directed to the Sponsor, and not to Meta Platforms, Inc.

1.         SPONSOR: International Family Entertainment, Inc., dba Freeform ("Sponsor"), 3800 W. Alameda Avenue, Burbank, CA 91505, is solely responsible for all aspects of this contest ("Contest").

2.         ADMINISTRATOR ("Administrator"): Ventura Associates International LLC, 494 Eighth Avenue, Suite 1700, New York, NY 10001, 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 must: [a] be 18 years of age or older, [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, Administrator; their parent, divisions, affiliates, subsidiary company or their advertising, promotion or fulfillment agencies involved in this Contest (collectively, "Entities"), nor a household member or immediate family member of such employee; [d] not have any contractual relationships which 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) appear in the Instagram® in-feed post at www.instagram.com/freeform ("Website"), possibly published on Sponsor's other social media platforms, shown on-air on Freeform or otherwise distributed, in connection with, or to promote, the Contest and/or for any other commercial or other purpose as determined by Sponsor.

"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, step-parents, grandparents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live.

For purposes of these Rules (posted at www.freeform.com/freeformoverspilledcontest), 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. Normal Internet access and usage charges imposed by your on-line and/or mobile service may apply. It is your sole responsibility to notify the Sponsor if you, as an Entrant (as defined in section 4 below), change your email address ("Address").

4.         BRIEF OVERVIEW OF CONTEST:

Entry: You, as the entrant ("Entrant"), may enter this Contest starting at 9:00 AM (PT), January 8, 2024, and ending at 11:59 PM (PT) January 16, 2024 ("Entry Period"). To enter, you must have or create an Instagram® account ("Account"). Membership on Instagram® is free. After you have established your Instagram® account, sign into your Account and you may enter by doing all of the following: (1) follow @Freeform Instagram® account; and (2) direct message (in text format) to @Freeform describing your personal story you have overshared in your life with hashtags #Contest and #FreeformDineOutOverspilled (collectively "Entry"). Upon submission, Entrant will receive one (1) Entry into the Contest. Incomplete Entries will be disqualified (example: missing hashtags #Contest and #FreeformDineOutOverspilled). Limit one (1) Entry per Entrant, regardless of whether an Entrant has more than one (1) Account or more than one Entrant uses the same Account. If you submit more than one (1) Entry, only the first Entry received will be considered. If you attempt or are suspected of attempting (in the sole discretion of Sponsor or Administrator) to circumvent this limitation by any means, including but not limited to establishing multiple Accounts, you may be disqualified from the Contest.

By submitting an Entry, you acknowledge and agree that Sponsor may receive many Entries in this Contest and that such other Entries may be similar or identical in theme, idea, format or other respects to your Entry and you waive any and all claims you may have had, may have, and/or may have in the future that any Entry accepted, reviewed and/or used by the Sponsor may be similar to or the same as your Entry. 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. Sponsor reserves the right not to post any Entry for any reason in its sole discretion.

You must remain a follower of @Freeform Instagram® account for at least thirty (30) days following the Entry Period to receive winner notification via direct message if your Entry is selected. Each Entry received in accordance with these Rules that complies with all requirements of these Rules, and with all terms, conditions and policies of the Instagram® Terms of Use, will constitute an Entry into the Contest. See Section 11C(ii)[2] for more details on the use of Disney intellectual property and/or copyrighted works ("Disney IP").

By entering, you are signifying that you have read and agree to these Rules and the decisions of the Sponsor and Administrator (which are final and binding in all respects) and accept the Disney Terms of Use ("TOU") currently located at http://DisneyTermsofUse.com. In the event of any discrepancy or inconsistency between the terms of these Rules and the TOU, the terms of these Rules shall govern.

When creating your Entry, please adhere to the Do's & Don'ts below.

DO's & DON'Ts

Do's...

         Do protect your privacy. First names only. Please avoid full names or other personal information in your story.

Have fun and tell a great story. Your Entry has to be 100% original and created by you.

Include hashtags #Contest and #FreeformDineOutOverspilled in your Entry.

Don'ts...

Don't be rude or use profanity. Avoid bad language and other inappropriate content.

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

a.    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 Website or any other website and to grant to Sponsor the rights set forth herein.

b.    With the exception of any Disney 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.

c.     The Entry must meet all applicable specifications set forth by Sponsor in these Rules, including, without limitation, the format and those specifications described in the Rules.

d.    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 but not limited to 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.

e.    The Entry must not disparage the Entities.

f.      With the exception of any Disney IP you use in your Entry, you represent and warrant that: (i) you are the sole and exclusive creator and owner of the Entry; (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.

g.    Any Entry that fails to meet Sponsor's specifications may be disqualified. All Entries must be received during the Entry Period. 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.

6.         JUDGING/WINNER SELECTION: All eligible Entries will be judged by Sponsor's appointed panel of judges consisting of employees of Sponsor as well as other Sponsor selected representatives ("Judges") who will score such Entries, based on the following judging criteria: Uniqueness of story (differentiation from other Entries) (50%); Humor and/or Creativity of expression (25%); and Clarity of communication in the Entry (cohesive story) (25%). On or about January 18, 2024, the top five (5) highest scoring Entries will be determined the potential Prize Winners (as defined in Section 7). Sponsor reserves the right to determine fewer potential Prize Winners if an insufficient number of eligible Entries of sufficient quality, at Sponsor's sole discretion, are received.

TIED ENTRIES:  In the event of a tie between Entries, the tie will be broken by the Judges based on the first Criterion – Uniqueness of story. The decision of the Judges shall be final and binding.

7.         WINNER NOTIFICATION PROCESS: On or about January 19, 2024, the five (5) potential Prize Winners, or such other number of potential Prize Winners as Sponsor may select due to Sponsor's receipt of insufficient Entries of sufficient quality, at Sponsor's sole discretion (collectively, the "Prize Winners") will be contacted via Instagram® Direct Message ("DM") to verify Entrant's identity and eligibility. Each potential Prize Winner must respond to DM within twenty-four (24) hours after its transmission including submitting an Eligibility/Liability/Publicity Release ("Affidavit") (collectively, "Winner Documents"). At the sole discretion of the Sponsor and/or Administrator, disqualification, forfeiture and the selection of an alternate potential Prize Winner (who has the next highest score), may result from any of the following: [1] a potential Prize Winner's failure to become or remain a follower of @Freeform Instagram® account; [2] failure of DM due to potential Prize Winner's Account settings or deactivation of a potential Prize Winner's Account prior to DM; [3] a potential Prize Winner's failure to respond to DM within twenty four (24) hours after its transmission; [4] a potential Prize Winner's failure to provide Sponsor with satisfactory proof of age, identity and residency; [5] a potential Prize Winner's failure to provide any required additional information upon Sponsor's and/or Administrator's request; [6] a potential Prize Winner's failure to validly claim prize by January 23, 2024, [7] any other non-compliance with these Rules; and [8] information revealing that the potential Prize Winner is not eligible to participate in the Contest, as determined by Sponsor in its sole discretion. In the event of any prize forfeiture, the Administrator may, in its sole discretion, award or not award the forfeited prize to an alternate Prize Winner.

8.         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 Prize Winner is disqualified, the relevant 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.

9.         PRIZES/APPROXIMATE RETAIL VALUE ("ARV"):

Up to five (5) Prize Winners will each receive a $500 gift card. ARV for each Prize is $500, and the total ARV of all Prizes: up to $2,500. Sponsor will arrange and provide shipping to U.S. addresses. Usage of gift card is subject to the merchant's gift card terms and conditions.

"Winner" shall mean and refer to each Prize Winner. All taxes (including, without limitation, U.S. federal, state and local taxes (including, but not limited to income and withholding taxes), sales taxes) on or connected with the Prize, and the reporting consequences thereof, are solely the responsibility of the Winner. If any Winner is a Minor, as defined by their state of primary residence, the applicable Prize will be awarded for the benefit of the Minor to his/her/their Parent, who will be solely responsible on behalf of the Minor for all applicable documents and taxes. In the event of a disqualification or Prize forfeiture, Sponsor may, in its sole discretion, select or not select an alternate Winner and award or not award the forfeited Prize.

If the actual value of a Prize is less than the stated ARV, the difference will not be awarded. Any depiction of a Prize is for illustrative purposes only and may not reflect the actual Prize won. Prize is not redeemable for cash or transferable. No substitution allowed except, at Sponsor's sole discretion, a Prize of equal or greater value may be substituted. Neither Administrator nor Sponsor will replace any lost or stolen Prize. Prize elements may not be separated. A Prize cannot be used in conjunction with any other promotion or offer. Prizes will be awarded provided a sufficient number of eligible Entries are received. If a Prize remains unclaimed after January 23, 2024, then no alternate Winner will be selected, nor unclaimed Prize awarded. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest promotional materials and the terms and conditions of these Rules, these Rules shall prevail and govern.

10.     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").

11.     GENERAL RULES:

a.    Disputes Over a 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.

b.    Site Marks: By participating in the Contest, you acknowledge and agree that the Website 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 Website, 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 "Website Marks").  Unless you have written permission, you hereby agree not to display or use in any manner the Website Marks.

c.     Rights:

                                               i.     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 your name, likeness, voice and biographical information. 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 Website, 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.

                                             ii.     Entry/Entry Rights: By participating in the Contest and accepting a Prize, you grant to Sponsor: [1] a perpetual, 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 Instagram®), 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, Sponsor grants you a non-exclusive license to create the Entry using Disney IP for the purposes of creating an Entry for this Contest only, provided that such license shall be conditioned upon your assignment to Sponsor of all rights into the Entry (if such rights are not assigned to Sponsor, your license to create the Entry using Disney 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.

d.    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 Website, administration of the Contest or the announcement or distribution of a Prize, or for lost, late, misdirected, damaged, incomplete or illegal Entries.

e.    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.

f.      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.

g.    If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism, 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.

12.     RELEASE, WARRANTY, LIMITATION OF LIABILITY AND INDEMNIFICATION/CONDITIONS: You expressly understand and agree that: [a] You hereby release and hold harmless the Entities, Meta Platforms, Inc., 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 WEBSITE 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 Website; (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] A 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.

13.     INTERNET:

a.    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.

b.    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 WEBSITE OWNED OR OPERATED BY SPONSOR, INCLUDING, BUT NOT LIMITED TO, THE WEBSITE, 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.

14.     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.

15.     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: Freeform's Chrissy and Dave Dine Out Overspilled Contest Winners/Rules Requests, c/o Ventura Associates, Ref: WG, 494 Eighth Avenue, Suite 1700, New York, NY 10001, designating either Winner's list or Rules.  Requests must be received no later than February 16, 2024.

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