MyItThings.com™
“It” Designer Competition
Official
Contest Rules
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) five (5) of your
original designs (collectively, your “entry”). Once you have at least 5
designs, submit your entry from the main
contest page. All designs must be for women’s ready-to-wear.
Your designs may consist of sketches of garments, photographs of finished
garments or photographs of your garments being modeled. 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 May 7, 2008 and 11:59 p.m. EST on July 15, 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.
Once you delete an item which was part of your entry, you will be required to
re-submit your entry including the new items you added. Your rating for
previously submitted items will not be affected. 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 Spring/Summer 2009 collection (the “Winning Collection”)
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 Collection, 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
Collection, and further, for Sponsor to advertise and promote the Winning
Collection 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 Collection, in whole or in part, or (ii) create any
derivative works based, in whole or in part, on the Winning Collection.
Winner shall be given the credit of “Designer” in connection with the Winning
Collection in any and all articles, advertisements, web pages, marketing
materials and other public relations events which discuss, promote or feature
the Winning Collection. 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 designed item
during the Contest. The final score will be calculated from the
combination of the total number of votes, items and the star rating (i.e. each
additional scored star will add 1 point to the total score). On or about July
16, 2008, the ten (10) entrants with the highest scores will be announced
on the Website as the semi-finalists.
Phase 2: Between July 16, 2008 and
August 1, 2008, a panel of judges will review and rate the designs
submitted by the semi-finalists. On or about August 1, 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
August 1, 2008 and September 30, 2008, each finalist must create five
(5) looks for his or her Spring/Summer 2009 Women’s Ready-To-Wear
collection. Finalists may choose the number of garments included in each
look, but the final entry must consist of five (5) distinct looks that will be
presented at the runway show. Finalists will each be given $1,500 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
collection. During Phase 3, finalists must document on the Website their
progress in the creation of their collection by using blogs, photographs and
videos. Finalists agree to post at least three (3) Website entries per week
during Phase 3. On October 1, 2008, finalists must upload their
final five (5) looks to the Website via the “My Designs” section of their
Website Profile Page.
Phase 4: Between
October 1, 2008 and October 14th, 2008, Website users will be asked to
rate finalists’ collections on a scale of 1 to 5 stars (1 star being the lowest
rating). On or about October 15, 2008, Sponsor will host a runway
show in New York City to showcase finalists’ designs for review and rating by a
panel of judges. The winner will be announced at the end of the runway show
event and posted on the website. The runway show will be broadcast on the
Website. Sponsor will provide travel and accommodations for finalists as
set forth in Section 7 below. The finalist with the collection receiving
the highest combined score (from users and judges) will be deemed the
winner. User ratings and ratings by judges will each account for 50% of
the total score.
Phase 5: Winning
collection will be available for pre-order and sale exclusively on the Website
in Spring 2009. Winner is solely responsible for
manufacturing and fulfillment for any and all orders. Please refer to the
My It Things Marketplace Terms for details.
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 $12,500.
- Each semi-finalist will receive
$1,500 to be used towards the creation of his or her collection for the
Contest.
- Each finalist will receive airfare
(within the continental U.S. and Canada) and hotel accommodations for a two (2)
night, three (3) day trip to New York City to attend the MyItThings.com runway
show. Ground transportation, gratuities and food and beverage not
included. Approximate Retail Value ("ARV") of each travel
package is $1,000. Actual value may vary based upon location of winner’s
residence. If winner resides within a 100-mile radius of New York, New
York, ground transportation may be provided in lieu of air transportation, at
Sponsor’s sole discretion, and no compensation or substitution will be provided
for difference in prize value. Trip must be taken on dates designated by
Sponsor or prize will be forfeited in its entirety and, at Sponsor’s discretion
and time permitting, awarded to an alternate winner. Travel and
accommodation restrictions and other restrictions may apply. Finalists
are responsible for obtaining all required travel documents. Sponsor is
not responsible for travel delays or cancellations. In the event a finalist
is unable to attend the runway show for any reason, finalist shall furnish his
or her collection to Sponsor for inclusion in the runway show. Collection
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 runway show.
- Winner will receive $5,000,
payable by check.
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 collection
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.