Official Contest Rules, Terms and Conditions ("Official Rules")
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Description of Contest.
The Gumball Poodle "Design-A-Divine Sock Contest" ("Contest") is a sock design contest sponsored by Gumball Poodle LLC ("Sponsor"). The Contest begins at 12:00pm PST on February 27, 2019. All Entries (as defined below) must be received by 12:00pm PST on March 20, 2019 to be eligible for the Contest, regardless how the Entry is submitted. The Contest can be cancelled at any time. Odds of winning will depend on the number of eligible Entries, judges' scoring, and public voting. Many will enter, a few will win.
The Contest is open to legal U.S. residents who are at least thirteen (13) years old as of the date of Entry. However, if the jurisdiction in which you reside requires a higher age of eligibility to participate in promotions similar to the Contest, such higher age of eligibility shall apply. Individuals who have not reached the age of majority in the jurisdiction in which they reside are required to seek permission from their parent or legal guardian prior to participation in the Contest. To be eligible to win any prize, the Winner or such Winner’s parent or legal guardian, as applicable, may have to sign and return to Sponsor certain legal forms and documents. Void where prohibited by law. The following persons are not eligible to enter the Contest: Employees, officers and directors of Sponsor and Sponsor's affiliated companies and subsidiaries, and members of the immediate families and/or persons living in the same household as the foregoing individuals.
3. How to Enter.
Each person entering the Contest (each, an "Entrant") must complete a Contest application that contains: (a) Entrant's full name and contact information, including phone number, email address, and mailing address; and (b) artwork demonstrating Entrant's sock design, which (i) utilizes the sock template on the Contest Page (as defined below), and (ii) is inspired by Divine. Sponsor's current Divine-inspired socks can be seen at https://www.gumballpoodle.com/collections/divine. A valid and completed application that contains the foregoing and complies with these Official Rules, together with all accompanying information and design files, constitutes an "Entry."
Entries must be submitted either (x) via the Contest webpage at https://www.gumballpoodle.com/pages/design-a-divine-sock-contest (the "Contest Page"), or (y) via first class mail to Sponsor at 453 S. Spring Street #806 Los Angeles, CA 90013. By submitting an Entry, Entrant agrees to comply with and abide by these Official Rules. Sponsor is not responsible for Entries not received due to lost, failed, delayed, or interrupted connections or miscommunications, or other electronic malfunctions or mail delays. Sponsor is not responsible for incorrect or inaccurate Entry information, whether caused by persons entering such information on the Contest Page, or by any of the equipment or programming associated with or utilized in the Contest, or by any human error which may occur in the processing of Contest Entries. Entries remain the property of Sponsor and will not be returned or acknowledged.
Entrants must be the authorized account holder of the e-mail address submitted at the time of Entry. “Authorized account holder” is defined as the person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain name associated with the submitted e-mail address.
4. Representations and Warranties of Entrant.
Entrant represents and warrants that: (a) Entrant is the sole owner and author of the sock design and all intellectual property rights (including copyrights, trademarks, trade secrets and patents) contained in the Entry; (b) the Entry does not violate any intellectual property, publicity, privacy, or moral rights of any third party; and (c) the Entry complies with these Official Rules.
5. Design Requirements.
All sock designs must fill the sock template provided or available on the Contest Page. Sponsor recommends using 6 or fewer colors, with no halftones, hatch marks, or shading.
6.Restrictions on Entries.
7. Selection Process: Judging and Voting.
Selection of the Contest winners (the "Winners") will take place after the end of a three-phase selection process. During the first phase (described in Section 7.1 below), all Entries will be judged against the Contest criteria, and the top 20 Entries will be chosen to advance to the second phase. During the second phase (described in Section 7.2 below), each of the top 20 Entries will be publicly posted on the Contest Page and will be voted on by eligible members of the public who register through the Contest Page. During the third phase (described in Section 7.3 below), the 10 Entries that receive the most votes during the second phase will be judged against the Contest criteria, and the first, second and third place Winners will be chosen and declared the Winners, subject to these Official Rules.
7.1 Initial Judging Phase.
During the period from 12:00pm PST on March 20, 2019 until 12:00pm PST on March 21, 2019 (the "Initial Judging Period"), the Contest judges will review and judge all Entries against the Contest criteria described in this Section 7.1. Contest judges will select the top 20 Entries ("Semi-Finalists") based on the Contest criteria, in their sole discretion. The judges' decisions are final and may not be appealed. Sponsor will notify all Semi-Finalists via email on March 21, 2019. If there are fewer than 20 Entries submitted during the Contest, then all submitted Entries will advance to the voting phase as Semi-Finalists.
The Contest judges will include design professionals and representatives from Sponsor and Divine Official Enterprises, LLC. The Contest judging criteria will consist of those factors and conditions that the judges feel best reflect the spirit of the Contest, Sponsor's products, and Divine, including but not limited to the following: (a) Production complexity of design; (b) Respect for intellectual copyright (i.e. do not submit art from “Hairspray,” or using names of characters Divine famously portrayed); and (c) Originality.
7.2 Voting Phase.
During the period from 5:00pm PST on March 21, 2019 until 5:00pm PST on March 25, 2019 (the "Voting Period"), the Semi-Finalists' Entries will be publicly displayed and posted on the Contest Page for public viewing and voting. At the end of the Voting Period, the 10 Entries that receive the most votes from eligible and unique voters will be declared the "Finalists." Votes entered or received after the Voting Period will not be counted.
An eligible voter must be a legal U.S. resident 18 years of age or older, and agree to all corresponding terms and conditions of voting. Only one vote per person will be allowed during the Voting Period; voters may not vote for more than one Entrant. Sponsor will track unique voters based on their email address, IP address, and cookies. Voters attempting to submit more than one vote will be disqualified and all votes submitted by such voter will not be counted.
Semi-Finalists are permitted to campaign for their Entry through social media and other means, and to encourage their friends, peers, and clients to vote. Voters will be asked to consider the quality of each Entry based on the criteria above. However, Entrants will be disqualified for engaging in the following actions: (i) manufacturing votes for their Entry through the use of software or other technology; or (ii) promising fans, followers, customers, relatives, friends, or other individuals, products or goods in trade for votes. Any Entrants found to be engaging in these actions will have their Entry removed from the voting process and will be ineligible for all related prizes.
If, at the end of the Voting Period after calculating all eligible votes, there is a tie that would result in more than 10 Finalists, then of the Entries involved in the tie, the Entry that received the highest score from the judges during the Initial Judging Period will be chosen as the Finalist.
7.3 Final Judging Phase.
On March 26 - 27, 2019, the Contest judges will review and judge all of the Finalists' Entries against the Contest criteria described in Section 7.1, and will choose three Winners: (a) a 1st Place Winner; (b) a 2nd Place Winner; and (c) a 3rd Place Winner. The Winners will be chosen by the Contest judges in their sole discretion based on the Contest criteria. The judges' decisions are final and may not be appealed.
8. Notification of Winners.
Within three business days after the Winners are chosen, Sponsor will announce the final Contest Winners. Sponsor will notify the Winners by email. If a potential Winner cannot be reached and/or does not respond to the Sponsor within five days after Sponsor's first attempt to contact the Entrant, or if the Entrant is found to be ineligible or does not otherwise comply with these Official Rules, an alternate Winner may be selected by the Sponsor. All results of judging and voting, and all decisions of the Sponsor, will be final and binding in all respects.
The 1st Place Winner will receive: (a) $500 cash; (b) $100 Gumball Poodle gift certificate; (c) the complete Gumball Poodle x Divine sock collection; (d) an enamel pin from Divine Official; (e) six items from Twisted Wares and (f) 6 pairs of their winning design socks. In addition, Sponsor will produce socks featuring the 1st Place Winner's design. The 1st Place Winner acknowledges and agrees that Sponsor’s use and commercialization of the Winner’s design will be on a royalty-free basis, and will not entitle the Winner to any royalties, commissions, or other payment. Sponsor reserves the right to alter any design prior to production, in Sponsor’s sole discretion.
The 2nd Place Winner will receive: (a) $250 cash; (b) $100 Gumball Poodle gift card; and (c) the complete Gumball Poodle x Divine sock collection; (d) an enamel pin from Divine Official; and (d) three items from Twisted Wares.
The 3rd Place Winner will receive: (a) $150 cash; and (b) $50 Gumball Poodle gift card; (c) the complete Gumball Poodle x Divine sock collection; (d) an enamel pin from Divine Official; and (d) two items from Twisted Wares.
The total approximate retail value of all prizes is $1,335.
No substitution, transfer, or cash equivalent of any prize is allowed by any Contest Winner. Sponsor, at its sole discretion, may substitute a prize of equal or greater value. Sponsor does not represent or warrant that any prize is fit for any particular purpose or use. Sponsor disclaims all warranties, express or implied, for the prize, including implied warranties of merchantability and fitness for a particular purpose. Any portion of the prize not accepted or received by a Winner will be forfeited. All prize details not specified in these Official Rules will be determined in Sponsor's sole discretion.
By submitting an Entry, each Entrant grants to Sponsor a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display the Entry, and to incorporate the Entry into any other works in any form, media or technology now known or developed in the future, for the purpose of promoting Sponsor, the Contest, the Entrants and the Entries. Sponsor has the right, but not the obligation, to use, distribute, or exploit any Entry. Without limiting the foregoing, in the event Sponsor desires to manufacture and sell socks based on the design of an Entrant (other than the 1st Place Winner), then Sponsor and such Entrant will enter into a separate agreement governing Sponsor's production and sale.
11. General Conditions.
All taxes are the sole responsibility of the Winners. The Winners (or their parent or legal guardian, if applicable) will be required to execute (and have notarized) an Affidavit of Eligibility and Release ("Affidavit/Release"), which must be returned to and received by Sponsor within 10 days after each Winner's receipt of the Affidavit/Release. Any failure to comply with the foregoing may result in disqualification and an alternate winner may be chosen. Return of the Prize, the Prize notification, or the Affidavit/Release as undeliverable may result in disqualification and an alternate winner may be selected. In addition to the foregoing, each Winner's Entry into the Contest and/or acceptance of the Prize constitutes permission for the Sponsor and its affiliates to use the Winner's name, address (city and state) and/or likeness for advertising and trade purposes without further compensation, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation on-line and through social media, unless prohibited by law. All Entrants agree to comply with these Official Rules. Any person attempting to defraud or in any way tamper with this Contest, and any person who does not comply with these Official Rules, will be ineligible for the Prize and may be prosecuted to the full extent of the law.
THE STATE AND FEDERAL COURTS IN LOS ANGELES, CALIFORNIA WILL HAVE SOLE AND EXCLUSIVE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF CALIFORNIA WILL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
If, for reasons beyond the Sponsor's control, the Contest is not capable of running as originally planned, Sponsor reserves the right in its sole discretion to suspend, cancel or modify the Contest, without liability. Sponsor is not responsible for errors, failures or delays caused by Sponsor's or any Entrant's computer system, hardware, or software.
12. Waivers and Disclaimers.
By entering, each Entrant (or his or her parent/legal guardian, if applicable) releases and holds harmless Sponsor, its third party service providers providing the Contest, and their respective subsidiaries, affiliates, directors, officers, employees, attorneys, agents and representatives from any and all liability for any injuries, loss, claim, action, demand or damage of any kind arising from or in connection with the Contest or any prize won, any misuse or malfunction of any prize awarded, participation in any Contest related activity, or participation in the Contest.
13. Rules/Winners List.
For a list of Winners, please email Sponsor at firstname.lastname@example.org. For an additional copy of these Official Rules or a list of the Winners, send a stamped, self-address envelope, specifying your request, to: Gumball Poodle LLC, 453 S. Spring Street #806 Los Angeles, CA 90013.