NO PURCHASE NECESSARY.
PURCHASE WILL NOT INCREASE THE ODDS OF THE ENTRY WINNING.
1. Eligibility. The MyItThings.com “It” Designer Competition (the “Contest”) is only open to legal residents of the United States and Canada (excluding residents of Quebec), who are at least 18 years of age at the time of entry. Employees, representatives and contractors of 2 Brains Media, LLC (“Sponsor”), any affiliated companies, prize suppliers, advertising and promotion agencies, the immediate family members of such companies (regardless of where they reside) and individuals living in the same households of each of these individuals are not eligible. The Contest is void where prohibited or restricted by law, and is subject to all applicable federal, state and local laws, rules and regulations. By participating in the Contest, you agree to comply with and be bound by these Official Contest Rules (the “Rules”), and the decisions of the administrators and Sponsor of the Contest, which shall be final and binding in all respects.
2. How to Enter. To enter the Contest, you must first register to become a member of MyItThings.com (the “Website”), and confirm your registration via email. For detailed information regarding registration, please refer to the Website. Once you have become a registered member of MyItThings.com, you must log in to the Website in order to submit and post (via the “My Designs” section of your MyItThings.com Profile Page) design sketches (“entry”). All sketches must be for women’s dresses. All designs submitted via your Profile Page will be deemed to have been created and submitted by you. Therefore, please maintain your MyItThings.com login information as confidential. All designs must be submitted between 12:01 a.m. EST on November 5th, 2008 and 11:59 p.m. EST on November 30th, 2008 (the “Entry Period”). You may edit or delete and resubmit your designs at any time during the Entry Period. Please be advised, however, that once you delete a design it will lose any rating accumulated pursuant to Section 5 below. The Sponsor of the Contest is not responsible for any late, lost, misdirected or incomplete entries. Immediately upon submission, all entries become the property of the Sponsor and will not be returned. Sponsor reserves the right to reject entries, without notice, that it deems, in its sole discretion, to be inappropriate.
3. Copyright. Sponsor maintains a zero tolerance copyright infringement policy. Your designs must be original to you, the submitter. By entering the contest, you represent and warrant that you have all rights necessary to provide the designs and photographs that you submit, and that the designs, photographs and the submission and Sponsor’s use thereof will not infringe upon the intellectual property or other proprietary right of any person or entity. Please refer to Section 9 of the Website Terms for more detailed information concerning our copyright policy.
4. License Grant. Subject to the terms and conditions set forth herein, winner (as determined in accordance with Section 5 below) hereby grants to Sponsor irrevocably and Sponsor accepts from winner the exclusive right and license in and to the Holiday party dress (the “Winning Dress”) submitted to the Contest and underlying intellectual property therein in connection with the commercialization, distribution and marketing of all or any portion of the Winning Dress, and except for the prizes specified in Section 7 below, winner shall not be entitled to any additional compensation for the grant of such license. Such right and license includes the right of Sponsor to create advertising for and in connection with the Winning Dress, and further, for Sponsor to advertise and promote the Winning Dress in any and all mediums now existing and/or hereafter devised. Winner and Sponsor hereby acknowledge and agree that the license set forth in this Section 4 is perpetual and shall continue to exist until such time as Sponsor elects, in its sole discretion, to discontinue its sale, marketing and commercialization of. Unless approved in advance by winner in writing, Sponsor may not: (i) grant a sub-license to any third party in and to the Winning Dres, in whole or in part, or (ii) create any derivative works based, in whole or in part, on the Winning Dress. Winner shall be given the credit of “Designer” in connection with the Winning Dress in any and all articles, advertisements, web pages, marketing materials and other public relations events which discuss, promote or feature the Winning Dress. Notwithstanding the foregoing, each of the semi-finalists in this Contest will be required to enter into a definitive license agreement with Sponsor, among the other agreements referenced herein, that sets forth, substantially, the aforementioned terms as well as other provisions which are standard for agreements of this nature. A contestant’s refusal to do so will disqualify him/her from the Contest. No exceptions will be made.
5. Winner Selection & Judging.
Phase 1: During the Entry Period (as described in Section 2 above), Website users will be asked to rate each of your designs on a scale of 1 to 5 stars (1 star being the lowest rating). The voting is IP restricted and requires Website registration. Each registered member can vote only once per sketch during the Contest. The final score will be calculated from the combination of the total number of votes and the star rating (i.e. each additional scored star will add 1 point to the total score). On or about December 2nd, 2008, the twenty five (25) entrants with the highest scores will be announced on the Website as the semi-finalists.
Phase 2: Between December 1st, 2008 and December 2nd, 2008, a panel of judges will review and rate the designs submitted by the semi-finalists. On or about December 2nd, 2008, the three (3) semi-finalists receiving the highest rating from the judges will be announced on the Website as the finalists.
Phase 3: Between December 2nd, 2008 and December 10th, 2008, each finalist must produce the dress for Ilus NYC boutique. Finalists will each be given $300 to be used toward the creation of their collection. This budget should be used for materials, accessories and/or services that may be required to complete the production. On December 10th, 2008, finalists must upload their final dresses photos to the Website via the “My Designs” section of their Website Profile Page and ship them to MyItThings for the final judging round.
Phase 4: On or about December 15, 2008, Sponsor will host an event at ILUS store in New York City to showcase the winning dress. The winner will be announced at the event and posted on the website.
Phase 5: Winning dress will be available for rent at Ilus boutique in NYC.
6. Notification of Semi-Finalists, Finalists & Winner. The semi-finalists, finalists and winner will be notified of their selection by the Sponsor of the Contest via email to the email address listed in his/her MyItThings.com account. The return of any selection notification or prize as undeliverable or any other non-compliance with these Rules, as determined by Sponsor, may result in the forfeiture of the prize associated with the particular Contest Phase and an inability to proceed to the next Phase. Prior to receiving a prize, a potential winner will be required to execute an Affidavit of Eligibility and Liability Release and, where legal, a Publicity Release, all of which must be returned within fourteen (14) days following attempted prize notification. Failure to comply with the aforementioned time period may result in forfeiture of the prize.
7. Prizes. The total prize pool for the Contest is approximately $900.
- Each semi-finalist will receive $300 to be used towards the creation of his or her dress for the Contest.
- Dress must be sent to Sponsor via a trackable shipment, and must be received by Sponsor no later than thirty-six (36) hours prior to the start of the finale event.
All federal, state and local taxes that may be owed on any prize are the sole responsibility of the semi-finalist, finalist and winner, as applicable. No transfers or substitution of prizes will be permitted except at the sole discretion of the Sponsor, who reserves the right to substitute a prize (or a portion thereof) of comparable or greater value.
8. Odds of Winning. The odds of winning depends upon the number of eligible entries received during the Entry Period, the number of eligible votes received for a dress and the quality of your submission.
9. Limitation of Liability & General Conditions. Where permitted by law, by entering the Contest, you agree to the Sponsor’s (and those acting pursuant to Sponsor’s direction of control) right to use to your name, picture, likeness, biographical information and design(s) submitted (whether in whole or in part) for advertising, and promotional purposes, worldwide, in perpetuity, in print, broadcast and in any media now known or hereafter developed, including the Internet, without additional consideration and without notification, review or approval, except where prohibited by law.
Participants further agree to release, indemnify and hold harmless the Sponsor, administrator(s), judges, affiliates, advertising and promotional agencies, and each of their respective directors, employees, representatives and agents (collectively, “Releasees”), from and against any and all liability arising from any injuries, loss or damage of any kind, arising in whole or in part, directly or indirectly, from (i) acceptance, possession, use or misuse of any prize, (ii) participation in the Contest or participation in any Contest related activity, and/or (iii) Sponsor’s use, commercialization, distribution, marketing and sales of the Winning Collection. Releasees are not responsible for technical, computer, mechanical, printing, typographical, human or other errors or omissions relating to or which may arise in connection with the Contest including, without limitation, errors which may occur in connection with the submission of designs, the administration of the Contest, the announcement of the winner; or for stolen, lost, late, misdirected, damaged, incomplete, inaccurate, undelivered, delayed or illegible entries.
The Sponsor reserves the right, at its sole discretion, to disqualify any individual it determines, in its sole discretion, has tampered with the entry process or the operation of the Contest in any manner or is in violation with these Rules. In the event that Sponsor, in its sole discretion, finds that the Contest is compromised, becomes corrupted in any way or is not capable of running as planned due to unauthorized intervention, fraud, technical failures or any other causes which affect the administration, security, fairness, integrity or proper conduct of the Contest, as determined by the Sponsor in its sole discretion, the Sponsor reserves the right to cancel, terminate, modify or suspend the Contest, in whole or in part.
As a condition of entering the Contest, participants agree that under no circumstances will participants be permitted to obtain awards for, and participants hereby waive all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; all causes of action arising out of or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action; and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event shall participant be entitled to receive attorneys’ fees or other legal costs.
10. Choice of Law: This Contest and all of the elements contained herein shall be governed and construed in accordance with the laws of the State of New York, without regard to its choice of law or conflict of law provisions. Any and all proceedings arising from this Contest, Sponsor’s actions with respect to the Winning Collection or otherwise shall be litigated, exclusively, in the state and federal courts within the County of New York, in the State of New York, and the parties hereby submit to the exclusive jurisdiction of such courts and agree they are a convenient forum. EACH PARTY WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THIS CONTEST.
11. Sponsor: 2 Brains Media, LLC, 2207 Concord Pike #612, Wilmington, DE 19803.