TAIL DESIGN CONTEST OFFICIAL RULES

PLEASE REVIEW THESE OFFICIAL RULES BEFORE PARTICIPATING IN ANY “TAIL DESIGN” CONTEST EVENTS. ENTRANTS WHO ARE MINORS MUST OBTAIN THE CONSENT OF PARENT OR LEGAL GUARDIAN BEFORE ENTERING THE CONTEST. VOID WHERE PROHIBITED BY LAW.

NO PURCHASE OR PAYMENT NECESSARY TO ENTER

A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

Sponsor: The presenting main sponsor of this giveaway is Blue Spring Partners, LLC, dba Fin Fun ("Fin Fun" or “Sponsor”)

Judge: The presenting judge of this giveaway is Blue Spring Partners, LLC dba Fin Fun ("Fin Fun" or “Sponsor”)

Begins: November 7, 2019 at 12:01 AM (MT), and ends November 22, 2019, 11:59 PM (MT). By entering the event, each contestant agrees to the rules of the giveaway and states that they are at least 18 years of age or has parental or legal guardian consent.

Region: United States of America.

Time Zone: Mountain Time (MT).

Contest Website: https://finfunmermaid.com/finfun-tail-design-contest-2019

Language (for Finalist Bio): English.

1. CONTEST PERIOD. Contest starts on November 7, 2019 and ends on December 4, 2019. The dates of the various stages comprising the Contest are set forth in the following chart. Sponsor’s computer is the official clock for the Contest. With regard to the public voting phases of the Judging, Sponsor reserves the right in its sole discretion to modify the start and end dates/times of the public vote by posting a notice to such effect on the Contest Website. Sponsor further reserves the right to modify the timing of public announcement of Grand Prize winner for any reason by posting notice to such effect on the Contest Website.

2. CONTEST THEME. Design your own mermaid tail using original artwork. Winner’s tail design will become Fin Fun’s January Tail of the Month.

3. HOW TO ENTER. Go to the Sponsor’s Contest Website and follow these steps:

   1. Complete an entry form with all required information, including your name, phone number, and email address.

   2. Check the box indicating that you (if a minor, your parent/legal guardian) have read, understand and fully agree to these Official Rules. The preceding includes that the representation that you/your child resides in Region and is otherwise fully eligible to participate in the Contest. YOUR ENTRY WILL NOT BE ACCEPTED IF YOU DO NOT INDICATE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE OFFICIAL RULES.

   3. Create an ORIGINAL design for Fin Fun’s January Tail of the Month with official template (using paint, pencil, crayon, marker, graphic design or other durable media), upload the design as a .pdf file and then submit the design to the Contest Website.

All entries must be received by November 22, 2019 at 11:59:59 p.m.

BY ENTERING THE CONTEST, YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) UNDERSTAND AND AGREE THAT YOUR/YOUR CHILD’S PERSONAL INFORMATION WILL ONLY BE USED FOR PURPOSES OF CONTEST ADMINISTRATION.

YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) WILL NOT RECEIVE ANY PROMOTIONAL/MARKETING EMAILS FROM SPONSOR NOR WILL YOUR/YOUR CHILD’S PERSONAL INFORMATION BE USED FOR PROMOTIONAL/MARKETING PURPOSES UNLESS YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) EXPRESSLY AGREE TO SUCH USE BEFOREHAND.

YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) ARE ALSO ENCOURAGED TO REVIEW SPONSOR’S PRIVACY POLICY ACCESSIBLE VIA THE CONTEST WEBSITE BEFORE ENTERING THE CONTEST.

4. ENTRY RESTRICTIONS.

   1. You may only enter the Contest once per email address. Violation of entry limit will result in only the initial entry/design being accepted. However, if Sponsor determines in its sole discretion that a person has engaged in egregious, repeated or blatant violations of the entry limit, such person will be disqualified from the Contest altogether and all of his/her entries/designs declared void.

   2. Proof of submission does not constitute proof of receipt or proof of entry.

   3. Assistance from other persons (including, for a minor, by his/her parent or legal guardian) or joint/group/team submissions are prohibited.

   4. Technical specifications for designs are set forth on the Contest Website, made a part of these Official Rules and are incorporated herein by reference. In the event of any inconsistency between such technical specifications and these Official Rules, the technical specifications will prevail, govern and control with regard to the acceptable parameters for the design; in all other respects, these Official Rules will prevail, govern and control.

   5. Make sure you are satisfied with your design prior to submitting your entry, as changes to the design will only be allowed by Sponsor in its sole discretion as set forth below.

   6. Design must be submitted at time of entry; partial/piecemeal submissions will NOT be accepted.

   7. Entries generated by script, macro, robotic, programmed or like means are prohibited and will be disqualified.

   8. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the Authorized Account Holder of the email account provided on entry form, as of date of entry. Authorized Account Holder means the natural person who is assigned to an email address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning email addresses for the domain associated with the provided email address.

   9. If using a mobile device to participate in the Contest, you will be solely responsible for wireless Internet access and other charges. Be sure to review your wireless carrier’s usage agreement BEFORE participating in the Contest via mobile device. Wireless Internet access may not be available in all areas and on all mobile devices.

5. RESTRICTIONS ON CONTENT OF DESIGN. Submission will be declared void and will not result in Contest entry if Sponsor determines in its sole discretion that the design does not fully comply with Sponsor’s “Terms and Conditions” in the www.finfun.com Terms of Use at https://www.finfunmermaid.com/terms-and-conditions. The preceding includes designs with:

   1. Content that may infringe the trademark or copyright or other intellectual property rights of someone else (e.g., brand names or logos, product names, events, professional sports teams, even color combinations, or photographs or artwork belonging to someone else);

   2. A Name or nickname or symbol or image associated with another person (living or dead) unless you have that person’s consent✝;

   3. Content that may be or may contain images that are insulting, abusive, inciting violence, threatening, intimidating, obscene, inflammatory, sexually explicit, profane, offensive, harassing, derogatory, degrading, defamatory, harmful, discriminatory or unlawful or invasive of another’s privacy; or

   4. Personal information (e.g., phone number, email, address of entrant or any other person).

6. GRANT OF RIGHTS IN DESIGN In exchange for the opportunity to participate in the Contest, as good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged:

   1. Entrant (and, if a minor, his/her parent or legal guardian) grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit his/her design in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to such individual.

   2. Entrant (and, if a minor, his/her parent or legal guardian), as applicable, further

      1. waives any “Moral Rights of Authors” or similar natural rights of ownership he/she may have in the design; and

      2. agrees, upon Sponsor's request and without compensation of any kind, to execute any additional documents so as to effect, record or perfect the grant of rights contemplated by this Rule.

   3. Entrant (if a minor, his/her parent or legal guardian) further understands and agrees that

      1. Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) entrant’s design and that Sponsor shall have no liability to such individual or any third party in conjunction therewith; and

      2. Sponsor and its agencies do not have any duty of confidentiality or other fiduciary duty to entrant relative to entrant’s design.

7. POSTING OF DESIGNS

   1. If Sponsor, based on its preliminary and non-binding determination, concludes that an entry/design is eligible, the design will be posted on the Contest Website and will participate in the voting and judging periods as described below. Such posting does not, however, constitute any representation of selection of entrant as a potential Runner-up or as the Grand Prize winner in the Contest. SPONSOR MAY LATER REVERSE OR RESCIND A PRELIMINARY DETERMINATION THAT AN ENTRY/DESIGN IS ELIGIBLE WITHOUT EXPLANATION, NOTIFICATION OR LIABILITY OF ANY KIND.

   2. Approved submissions will appear on the Contest Website on November 23, 2019 at 12.01 a.m. MT. This marks the start of the voting period.

   3. THE POSTING OF AN ENTRY/DESIGN REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DOES NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY REQUESTING PERSONS TO PROVIDE A DESIGN AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME. SPONSOR WILL NOT EDIT OR MODIFY DESIGNS SUBMITTED AS ENTRIES IN CONJUNCTION WITH OFFERING THE CONTEST.

8. ELIGIBILITY

   1. Only those who register for the “Tail Design” Contest and are over 18 years of age as of November 7, 2019 are eligible for the “Tail Design” Contest prizes. Kids aged 13-18 must have permission from a parent or legal guardian to register. Kids under 13 must have a parent or legal guardian register for them.

   2. The giveaway is only open to legal residents of the Continental United States of America and is void where prohibited by law. U.S. territories including Puerto Rico, Virgin Islands and Guam are eligible for this contest.

   3. Employees of Sponsor and their immediate families (spouses, parents, siblings, children and each of their respective spouses), other participating sponsors and each of their respective parent companies, divisions, subsidiaries, affiliates, retailers, distributors, manufacturers, and each of their advertising and promotion agencies (collectively, the "Giveaway Entities") are not eligible to win.

   4. This event is subject to all applicable federal, state and local laws and regulations.

   5. You do not need to own a mermaid tail to participate in the “Tail Design” Contest.

9. AGREEMENT TO RULES: By participating, you agree to be fully unconditionally bound by these rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you accept the decisions of Sponsor as final and binding as it relates to the contest.

10. WINNER DETERMINATION

    1. Judging. The judging process will be comprised of evaluation of designs by a panel comprised of Fin Fun employees pursuant to the following criteria: (a) originality; (b) creativity; (c) alignment with the spirit of the Fin Fun brand; (d) popularity of designs in the public vote.

    2. The potential Grand Prize winner and Runners-up will be notified by email and/or telephone and must provide confirmation of prize within three (3) days of date of notification. If potential Grand Prize winner and Runners-up cannot be contacted by Sponsor for any reason (including email being classified as “SPAM” or “junk”) or if he/she is determined by Sponsor to be ineligible or otherwise in violation of these Official Rules, the Grand Prize and/or Runners-up prize(s) will be forfeited without compensation and an alternate potential Grand Prize winner and/or Runners-up selected as set forth above.

11. ADDITIONAL CONDITIONS OF PUBLIC VOTING

    1. An individual must be a legal resident of Region, 13 years of age or older and register on the Contest Website prior to voting. (If under 18, be sure to get your parent’s permission BEFORE voting.) An entrant may vote for his/her own design submission.

    2. An individual will not receive compensation of any kind in conjunction with voting. By voting, you (if a minor, your parent or legal guardian) agree to cooperate fully with Sponsor upon request and without compensation in any investigation that Sponsor may undertake so as to confirm the legitimacy of any public vote. The use of automated, robotic, or programmed voting mechanisms or any other device or artifice so as to manipulate or undermine the legitimacy of any public vote is prohibited and constitutes a form of tampering.

    3. Sponsor will display designs in any pattern, format or sequence which may or may not be rotated or varied one or more times during the applicable voting period in Sponsor’s sole discretion. Designs will be attributed to entrants in a uniform manner to be determined by Fin Fun in its sole discretion.

    4. By participating, you (and, if you are a minor, your parent or legal guardian) understand and agree that the design as posted on the Contest Website when participating in the judging phase of the Contest may differ from the content you submitted as an entry due to technological limitations, malfunctions, failures or errors. You (and, if you are a minor, your parent or legal guardian) further agree to release and hold harmless Sponsor from any liability in conjunction therewith.

12. PRIZES/PRIZE RESTRICTIONS

    1. GRAND PRIZE (1) – Sponsor may – but is in NO WAY obligated to – produce for retail sale a mermaid tail design based on the design winner submitted. Approximate Retail Value: $125.

    2. In General: Limit of one (1) Grand Prize per family, household or address: Grand Prize winner will NOT also receive a Runners-up Prize. Limit of (2) Runners-up prizes (one per family, household or address). If winner is a minor, Sponsor may award prize in the name of or to the winner’s parent or legal guardian in its sole discretion. No prize substitution or redemption for cash. No prize transfer except with Sponsor's permission which may be granted or withheld in its sole discretion without liability of any kind. Receipt of prize by winner will be reported to governmental tax authorities as required by applicable law, and winner (if a minor, his/her parent or legal guardian) agrees to fully cooperate with Sponsor and its designees as to their compliance with such reporting requirement.

13. RELEASES

    1. Where legal, by accepting prize, winner (and, if winner is a minor, his/her parent or legal guardian) agrees to the use of winner’s name, likeness, photo, voice, biographical information, image and other indicia of persona for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice. For Grand Prize, the preceding expressly includes but is not limited to Sponsor possibly creating video and audio recordings of the winner which may be used by Sponsor for advertising/publicity/trade purposes.

    2. By participating, entrant (and, if entrant is a minor, his/her parent or legal guardian) releases and agrees to hold harmless Sponsor, its parent, affiliates and subsidiaries, and the directors, officers, agents, representatives, shareholders, independent contractors, employees, successors and assigns of any of the above organizations, as well as Facebook, Inc./Instagram, Twitter, Inc. and other social media channels, from any and all liability arising from the Contest. The preceding includes but is not limited to damage to computer or mobile device (or information/data stored thereon) used by an individual to participate in the Contest.

14. ASSIGNMENT OF OWNERSHIP OF GRAND PRIZE WINNER’S DESIGN TO SPONSOR & POSSIBLE USE OF DESIGN Should Sponsor in its sole discretion choose to proceed in creating a January Tail of the Month based on the design the Grand Prize winner submitted to the Contest, the following conditions shall apply:

    1. Any and all aspects of any such use of the submission shall be determined by Sponsor in its sole discretion without review, approval or notice of any kind to winner or his/her parent or legal guardian (if winner is a minor).

    2. Sponsor may, but is not obligated to, attribute the tail design submission to the winner. If Sponsor chooses to do so, any and all aspects of the attribution (including the content and format of the attribution as well as how the winner is identified therein) shall be determined by the Sponsor in its sole discretion. Again, winner or his/her parent or legal guardian (if winner is a minor) shall have no right of review, notice or approval as to any such attribution.

    3. Winner (if a minor, his/her parent or legal guardian) will NOT receive any payment, royalty, compensation or other consideration in conjunction with any such use of the winner’s tail design submission.

15. LIMITATIONS OF LIABILITY

    1. Sponsor is not responsible for entries/designs/submissions that are late, lost, garbled, incomplete, inaccessible/blocked, corrupted, jumbled, misdirected, delayed or damaged, regardless of cause, all of which are void; for technological, programming, electronic, or other error/malfunction/failure of any kind which interferes with the advertising/offering of the Contest in any respect.

    2. Sponsor’s failure to enforce any provision of these Official Rules in a given instance shall not constitute the waiver of such provision.

    3. Tampering with the Contest as well as interfering with the intended operation of the Contest or seeking to defraud Sponsor in conjunction with its offering of the Contest will result in disqualification (if applicable). Tampering expressly includes but is not limited to any attempt to manipulate or undermine the legitimacy of the public voting phases of the Contest. Sponsor may prohibit a person determined to be engaged in tampering from participation in future sweepstakes or contests and/or pursue legal sanctions against such person.

    4. Force Majeure. If Sponsor determines in its sole discretion that the Contest – in whole or in part – cannot be conducted as originally planned due to any cause beyond its control (e.g., computer virus/bug, tampering, fraud, natural disaster, riot, strike), Sponsor may cancel, modify or suspend the Contest and make the prizes available to be won in a manner that Sponsor in its sole discretion determines is fair, appropriate and consistent with these Official Rules. In such event, Sponsor will post a notice to such effect on the Contest Website.

    5. Should there be any inconsistency between these Official Rules and the advertising of the Contest, these Official Rules shall prevail, govern and control in all respects.

    6. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter or any other social media channel.

16. WINNER’S LIST: After December 31, 2019, you may obtain the name of the prize winner by visiting the website.

17. PRIVACY POLICY: Information submitted with an entry is subject to the Privacy Policy stated on the Fin Fun Mermaid Website. To read the Privacy Policy, CLICK HERE.