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: Submissions begin November 9, 2020 at 12:01 AM (MT) and end November 29, 2020, 11:59 PM (MT). By entering the event, each contestant agrees to the rules of the contest and states that they are at least 18 years of age or have parental or legal guardian consent.
Time Zone: Mountain Time (MT).
Contest Website: https://finfunmermaid.com/finfun-tail-design-contest-2020
Language (for Finalist Bio): English.
- CONTEST PERIOD. The Contest starts on November 9, 2020, and ends on December 16, 2020. The dates of the various stages comprising the Contest are outlined in the following chart. The Sponsor’s computer is the official clock for the Contest. The Sponsor reserves the right in its sole discretion to modify the start and end dates/times by posting a notice to such effect on the Contest Website.
Stage of Contest
November 9, 2020 @ 12:00:01 a.m.
November 29, 2020 @ 11:59:59 p.m.
December 1, 2020 @ 12:00:01 a.m.
December 7, 2020 @ 11:59:59 p.m.
Judging by Sponsor
December 8, 2020
December 14, 2020
On/After December 14, 2020
Public Announcement of Winner
On/After December 16, 2020
- CONTEST THEME. Design your own mermaid tail using original artwork on the template provided on the Contest Website. Fin Fun will offer the Winner’s tail design for purchase in January.
- HOW TO ENTER. Go to the Sponsor’s Contest Website and follow these steps:
- Complete an entry form with all required information, including your name, phone number, and email address.
- Check the box indicating that you (and, if you are a minor, your parent/legal guardian) have read, understand, and fully agree to these Official Rules. The preceding includes that you/your child resides in the Region and are 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.
- Create an ORIGINAL design for Fin Fun with the official template (using paint, pencil, crayon, marker, graphic design, or other durable media), upload the design as a .jpg file, and then submit the design to the Contest Website.
All entries must be received by November 29, 2020, 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 ANYPROMOTIONAL/MARKETING EMAILS FROM THE 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.
- ENTRY RESTRICTIONS.
- You may only enter the Contest with your email address.
- Proof of submission does not constitute proof of receipt or proof of entry.
- Assistance from other persons (including, for a minor, by his/her parent or legal guardian) and joint/group/team submissions are prohibited.
- Technical specifications for designs are set forth on the Contest Website and made a part of these Official Rules. In the event of any inconsistency between such technical specifications and these Official Rules, the technical specifications will prevail with regard to the acceptable parameters for the design; in all other respects, these Official Rules will prevail.
- Make sure you are satisfied with your design before submitting your entry as changes to the design will only be allowed by the Sponsor in its sole discretion as set forth below.
- The design must be submitted at the time of entry; partial/piecemeal submissions will NOT be accepted.
- Entries generated by script, macro, robotic, programmed, or like means are prohibited and will be disqualified.
- In the event of a dispute over the identity of an entrant, the entry will be deemed submitted by the Authorized Account Holder of the email account provided on the entry form, as of the 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.
- 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 a mobile device. Wireless Internet access may not be available in all areas and on all mobile devices.
- Content that may infringe the trademark, 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);
- A name, nickname, symbol, or image associated with another person (living or dead) unless you have that person’s consent;
- 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, unlawful, or invasive of another’s privacy; or
- Personal information (e.g., phone number, email, or address of the Entrant or any other person).
- GRANT OF RIGHTS IN DESIGN. In exchange for the opportunity to participate in the Contest, this is hereby acknowledged:
- The Entrant (and, if a minor, his/her parent or legal guardian) grants to the Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license to use, perform, exhibit, reproduce, and/or otherwise exploit his/her design in any manner and any and all distribution channels, venues, or media now known or hereafter devised, without further notice or any compensation to such individual.
- The Entrant (and, if a minor, his/her parent or legal guardian), as applicable, further
- waives any “Moral Rights of Authors” or similar natural rights of ownership he/she may have in the design; and
- agrees, upon the Sponsor's request and without compensation of any kind, to execute any additional documents to effect, record, or perfect the grant of rights contemplated by this Rule.
- The Entrant (if a minor, his/her parent or legal guardian) further understands and agrees that
- The 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) the Entrant’s design and that the Sponsor shall have no liability to such individual or any third party in conjunction therewith; and
- The Sponsor and its agencies do not have any duty of confidentiality or other fiduciary duty to the Entrant relative to the Entrant’s design.
- POSTING OF DESIGNS.
- If the 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 a selection of the Entrant as a potential Runner-up or as the Grand Prize winner in the Contest. THE SPONSOR MAY LATER REVERSE OR RESCIND A PRELIMINARY DETERMINATION THAT AN ENTRY/DESIGN IS ELIGIBLE WITHOUT EXPLANATION, NOTIFICATION, OR LIABILITY OF ANY KIND.
- Approved submissions will appear on the Contest Website on December 1, 2020, at 12:01 a.m. MT. This marks the start of the voting period.
- THE POSTING OF AN ENTRY/DESIGN REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DOES NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR IN ANY MANNER. THE SPONSOR IS MERELY REQUESTING PERSONS TO PROVIDE A DESIGN AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME. THE SPONSOR WILL NOT EDIT OR MODIFY DESIGNS SUBMITTED AS ENTRIES IN CONJUNCTION WITH OFFERING THE CONTEST.
- Only those who register for the Tail Design Contest and are over 18 years of age as of November 9, 2020, 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.
- The giveaway is open worldwide and is void where prohibited by law.
- Employees of the Sponsor and their immediate families (spouses, parents, siblings, children, and each of their respective spouses) are not eligible to win.
- This event is subject to all applicable federal, state, and local laws and regulations.
- You do not need to own a mermaid tail to participate in the Tail Design Contest.
- AGREEMENT TO RULES. By participating, you agree to be fully and 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 the Sponsor as final and binding as it relates to the contest.
- WINNER DETERMINATION.
- Judging. The judging process includes an evaluation of designs by a panel 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.
- The potential Grand Prize winner and Runners-up will be notified by email and/or telephone and must confirm the prize within three (3) days of the date of notification. If the potential Grand Prize winner and Runners-up cannot be contacted by the Sponsor for any reason (including email being classified as “spam” or “junk”) or if he/she is determined by the 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 will be selected as set forth above.
- ADDITIONAL CONDITIONS OF PUBLIC VOTING.
- An individual must meet the age requirements as set forth and register on the Contest Website before voting. (If you are under 18, be sure to get your parent’s permission BEFORE voting.) An entrant may vote for his/her own design submission.
- An individual will not receive compensation of any kind in conjunction with voting. By voting, you (and, if a minor, your parent or legal guardian) agree to cooperate fully with the Sponsor upon request and without compensation in any investigation that the Sponsor may undertake to confirm the legitimacy of any public vote. The use of automated, robotic, programmed voting mechanisms, or any other device or artifice to manipulate or undermine the legitimacy of any public vote is prohibited and constitutes a form of tampering.
- The 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 the Sponsor’s sole discretion. Designs will be attributed to entrants in a uniform manner to be determined by Fin Fun.
- 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 the Sponsor from any liability in conjunction therewith.
- PRIZES/PRIZE RESTRICTIONS.
- GRAND PRIZE (1): The Sponsor may but is in no way obligated to produce for retail sale a mermaid tail design based on the design the winner submitted.
- In General: Limit of one (1) Grand Prize per family, household, or address. Limit of (10) Runners-up prizes (one per family, household, or address). The Grand Prize Winner and Runners-Up will receive a custom mermaid tail with their design free of charge. If the winner is a minor, the Sponsor may award the 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 the prize by the winner will be reported to governmental tax authorities as required by applicable law, and the winner (and, if a minor, his/her parent or legal guardian) agrees to fully cooperate with the Sponsor and its designees as to their compliance with such reporting requirement.
- Where legal, by accepting the prize, the winner (and, if the winner is a minor, his/her parent or legal guardian) agrees to the use of the winner’s name, likeness, photo, voice, biographical information, image, and other indicia of persona for advertising/publicity/trade purposes by the Sponsor and its designees without further compensation or notice. For the Grand Prize, the preceding expressly includes but is not limited to the Sponsor possibly creating video and audio recordings of the winner, which may be used by Sponsor for advertising/publicity/trade purposes.
- By participating, the Entrant (and, if the Entrant is a minor, his/her parent or legal guardian) releases and agrees to hold harmless the 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 a computer or mobile device (or information/data stored thereon) used by an individual to participate in the Contest.
- ASSIGNMENT OF OWNERSHIP OF THE GRAND PRIZE WINNER’S DESIGN TO THE SPONSOR & POSSIBLE USE OF DESIGN. Should the Sponsor in its sole discretion choose to proceed in creating a tail based on the design the Grand Prize winner submitted to the Contest, the following conditions shall apply:
- Any and all aspects of any such use of the submission shall be determined by the Sponsor in its sole discretion without review, approval, or notice of any kind to the winner or his/her parent or legal guardian (if the winner is a minor).
- The Sponsor may, but is not obligated to, attribute the tail design submission to the winner. If the 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. Again, the winner or his/her parent or legal guardian (if the winner is a minor) shall have no right of review, notice, or approval as to any such attribution.
- Winner (and, 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.
- LIMITATIONS OF LIABILITY.
- The 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 that interferes with the advertising/offering of the Contest in any respect.
- The Sponsor’s failure to enforce any provision of these Official Rules in a given instance shall not constitute the waiver of such provision.
- Tampering with the Contest, as well as interfering with the intended operation of the Contest or seeking to defraud the 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. The 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.
- If the 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), the Sponsor may cancel, modify, or suspend the Contest and make the prizes available to be won in a manner that the Sponsor determines is fair, appropriate, and consistent with these Official Rules. In such an event, the Sponsor will post a notice to such effect on the Contest Website.
- 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.
- This promotion is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Instagram, Twitter, or any other social media channel.
- WINNER ANNOUNCEMENT. The winning tail design will be announced on the Sponsor’s social media channels on/after December 16, 2020.