NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE CONTEST (DEFINED BELOW) IS INTENDED FOR THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. PARTICIPATION IN THE CONTEST IS SUBJECT TO THE CONTEST DETAILS AND TERMS AND CONDITIONS OF THESE OFFICIAL RULES. VOID OUTSIDE OF THE UNITED STATES, PUERTO RICO, UNITED STATES TERRITORIES AND WHERE PROHIBITED BY LAW.
- SPONSOR. Love Your Melon Build Your Own Beanie Design Contest (“Contest”) is sponsored by Love Your Melon Inc., with its principal place of business located at Win Brand Groups 450 Lexington Ave, #4530, New York, NY 10163-4530 (“Sponsor”). The Sponsor and its parent companies, affiliates, subsidiaries, sales representatives, advertising, sales promotion, and all other service agencies involved with the development, production, implementation, administration, or fulfillment of the Contest are collectively the “Contest Entities”. The Contest is in no way sponsored by, endorsed by, administered by, or associated with any third-party social media site, including Facebook, Inc., Instagram, TikTok, or Twitter, Inc. (“Social Media”). You understand that you are providing information to Sponsor only, and not to Social Media. Any questions or communications should be directed to Sponsor at firstname.lastname@example.org and not to Social Media. By participating in the Contest, you agree to a complete release of Social Media from any claims.
- ELIGIBILITY. The Contest is open only to legal residents of the fifty (50) United States, and the District of Columbia who are the age of majority in their state of residence and who are parents or legal guardians of children between the ages of three (3) and seventeen (17) years of age at the time of entering (“Participant”) who are in or were previously in treatment for a pediatric diagnosis, or have a sibling who is in treatment for a pediatric diagnosis. Eligible entries are those created by the Participant’s child (referred to herein as “Applicant”). Void wherever prohibited by law. Employees of the Contest Entities and the members of their immediate families (defined for these Official Rules as spouses, parents, children, siblings, and each of their respective spouses, regardless of where they reside) or individuals living in the same household (whether related or not) of any of the above are not eligible to participate.
- CONTEST PERIOD. The Contest commences at 12:01 a.m. Pacific Time (“PT”) on March 23, 2023 and ends at 11:59 p.m. PT May 23, 2023 (the “Contest Period”). All Entries (defined below) must be received prior to the close of the Contest Period. Sponsor’s computer is the official time keeping device for the Contest.
- HOW TO ENTER. Within the Contest Period, Participant must navigate to loveyourmelon.com/buildyourownbeaniecontest (the “Site”), download and print Sponsor’s beanie design template (“Template”). The Applicant must then decorate the Template using crayons, color pencils, pens, markers, paints, in accordance with the Artwork Requirements set forth below (the “Artwork”). Participant must then complete the entry form on the Site, upload the Artwork and submit the Artwork and entry form (collectively, an “Entry”) within the Contest Period. Participants must complete all required steps and/or provide all requested information in the web form in order to be eligible to win. No purchase is necessary to enter or claim a Prize, and a purchase will not increase your chances of winning. All Entries must be received prior to expiration of the Contest Period.
- ARTWORK REQUIREMENTS. Artwork must meet the following requirements to be eligible (note: any Artwork that does not meet these requirements is ineligible for consideration in the Contest):
- All Artwork must be originally drawn entirely by hand or using digital tools by Participant.
- Artwork must be an original design created solely by the Applicant and must not infringe any copyright, trademark, privacy, publicity or other intellectual rights of any person or entity.
- Artwork may not contain any material or elements that are not owned/created by Participant or Applicant and/or that are subject to the rights of any third parties
- Artwork may not contain content that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise containing inappropriate content or objectionable material as determined by Sponsor, in its sole and unfettered discretion.
- Artwork must not contain personally identifiable information of any person other than Participant or Applicant. Should the Artwork include personally identifiable information of Participant or Applicant, Participant acknowledges and agrees such information will be publicly disclosed, and Participant is solely responsible for any consequences thereof on behalf of the Applicant.
- Artwork must not contain any commercial content or logos other than that of Sponsor.
- Artwork that resembles previous Contest submissions, as determined by Sponsor, or that resembles famous paintings, is ineligible.
- ARTWORK SUBMISSION. By submitting an Entry, on behalf of the Applicant, Participant hereby grants irrevocable permission for Artwork to be posted online by the Contest Entities on their websites and social media networks, and otherwise used for commercial or non-commercial purposes. Participant and Applicant agree that Contest Entities are not responsible for any unauthorized use of the Applicant’s Artwork by any third parties. Contest Entities do not guarantee the posting of any Artwork by the Applicant. Participant and Applicant agree that neither Participant nor Applicant will use the Applicant’s Artwork for any other purpose, including, without limitation, posting of the Applicant’s Artwork to any online social networks without the express consent of Sponsor in each instance.
- JUDGING CRITERIA AND PROCESS. All eligible Artwork received by Sponsor during the Contest Period will be judged by a panel of qualified judges, as determined by the Sponsor based on the following criteria: (i) originality, (ii) creativity, and (iii) communication of Contest theme in both the Artwork and supporting statement in Entry. Sponsor will notify Participants if Applicants have been chosen as the top three (3) on June 16, 2023. Artwork of the top three (3) Applicants will be posted on our Site or through our Social Media for a public vote.
- VOTING PERIOD. Voting will take place on our Site starting at 12:01 a.m. Pacific Time (“PT”) on June 16, 2023 and ends at 11:59 p.m. PT on June 23, 2023 (the “Voting Period”). Only one vote is allowed per person. The Winners (as defined below) will be determined by Artwork with the most votes at the conclusion of the Voting Period, and confirmed by the Sponsor judges. In the event of a tie, the tie will be broken by the Sponsor judges in accordance with the criteria set forth above for finalist selection. All decisions of Sponsor are final.
- WINNER NOTIFICATION. Three potential winners will be notified by Sponsor on or around June 27, 2023 by email based on the email address provided by the potential winners in their Entry and each potential winner will be required to respond to the notification within forty-eight (48) hours indicating whether they can accept the Prize. If no response is received within the time allotted, alternate potential winners may be randomly selected (time permitting). Any alternate potential winners selected will also be required to respond to the notification within forty-eight (48) hours. Sponsor is not responsible for suspended or discontinued Internet, wireless, or land-line phone service which may result in a potential winner not receiving initial Prize notification. Any potential winners may be required to execute and return an affidavit of eligibility and liability/publicity release by returning it via email to the email address designated by Sponsor at the time of request. A Prize will be provided only upon verification by Sponsor that all Contest requirements in these Official Rules or otherwise have been met by each potential winner. Sponsor may require each potential winner to prove their identity, including proof of address. Examples of identification documents include, but are not limited to, passport, driver’s license, or current utility bill. Failure of any potential winner to comply with the above Prize claim requirements or these Official Rules for any reason, or the return of any Prize notification or Prize as undeliverable, or the determination that any potential winner is ineligible to receive a Prize, may result in forfeiture of the Prize and selection of alternative potential winners in accordance with these Official Rules. Sponsor is not responsible for any Participant’s change of, or errors in, email address, mailing address, telephone number, and/or other contact information. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest, or to be acting in violation of these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
You are not a Winner until your eligibility has been verified, and it is determined that you have complied with these Official Rules.
- PRIZE AND ODDS. Three (3) prize packages will be awarded in the Contest (each, a “Prize”). The first-place winner will receive one beanie for the Applicant, and each of the Applicant’s immediate family (up to a total of six (6) beanies) with his/her Artwork (the “Winner’s Beanie”) (retail value approximately $300), and have the Winner’s Beanie sold on loveyourmelon.com between September 1, 2023-November 30, 2023 (the “Sale Period”), and 100% of the net profit (up to $6,880) will be donated to the Nominated Organization from the sale of the Winner’s Beanie during the Sales Period (“First Place Winner”). Any payment to the Nominated Organization will be paid out in accordance with Sponsor’s policies and procedures after November 30, 2023. The second and third place winner (“Runners Up”, and together with the First Place Winner, the “Winner”) will receive a Prize consisting of one Sponsor’s beanie sold on loveyourmelon.com for the Applicant, and each of the Applicant’s immediate family (up to a total of six (6) beanies per Runner Up) (retail value approximately $900). A Prize is non-transferable and cannot be redeemed for cash. Sponsor reserves the right to substitute a Prize for a different Prize of equal or greater value at any time. For the avoidance of doubt, each Winner will receive only one (1) Prize. The total approximate retail value (“ARV”) of all Prizes to be awarded in the Contest is $8,080.
- USE OF ALL ARTWORK. By submitting an Entry, each Participant and Applicant hereby grant to the Contest Entities, and to their licensees, successors and assigns, and any person or entity acting on its behalf, the irrevocable right and non-exclusive license to use, publish, exploit, modify, edit, transmit and distribute the Artwork, including, without limitation, except where prohibited by law, the names and likenesses of any persons or locations embodied therein, and Participant’s and Applicant’s names and likenesses in any and all media now known or hereafter devised, worldwide, in perpetuity for advertising and promotional purposes without compensation, permission or notification to Participant, Applicant or any third party.
- OWNERSHIP OF ARTWORK BY CONTEST WINNERS. By accepting a Prize, a Winner agrees that the Artwork will be irrevocably assigned and transferred to Sponsor and all of Applicant’s and Participant’s rights, titles, and interests in and to the Artwork, including, all but not limited to, all copyright and trademark rights to the Artwork in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged, shall vest in Sponsor. Winner waives in favor of Sponsor, all rights of “Moral Rights of Authors” or any similar rights or principles of law that Winners may now or later have to the Artwork. Sponsor reserves the right to alter, change or modify the winning Artwork or make derivative works of the Artwork, in its sole discretion. Upon request of Sponsor, Winner shall execute and deliver such additional instruments of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title, and interest in and to the Artwork and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may later request the assignment.
- DISCLAIMER OF WARRANTY. EVERYTHING ON THE CONTEST ENTITIES’ WEBSITE(S) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHER, THE CONTEST ENTITIES MAKE NO REPRESENTATION THAT MATERIALS ON ITS OR THEIR WEBSITE(S) RELATING TO THE CONTEST ARE APPROPRIATE OR AVAILABLE FOR USE AT ALL LOCATIONS AT ALL TIMES. IT IS PARTICIPANT’S RESPONSIBILITY TO ENSURE THAT ACCESSING ANY OF THE CONTEST ENTITIES’ WEBSITE(S) AND ENTERING THE CONTEST IS LEGAL AND NOT PROHIBITED BY THE LAWS OF THE JURISDICTION IN WHICH PARTICIPANT IS A CITIZEN.
- INDEMNIFICATION. By entering, you agree that Contest Entities are indemnified, released and held harmless by you from any and all liability, for any damages, injuries, or losses of any kind to person(s), including death, or property (including pets), arising directly or indirectly from the acceptance, possession, misuse or use of the Prize or your participation in the Contest or any Contest-related activity, in any way.
- LIMITATIONS OF LIABILITY. The Contest Entities are not responsible for and are hereby released from liability with respect to: (i) any printing, typographical, mechanical, or other errors in the printing, the offering, or the administration of the Contest or in the announcement of the Prize; (ii) lost, late, illegible, misdirected, or non-delivered Entries or emails; (iii) any Entries submitted in a manner that is not expressly allowed under these Official Rules; (iv) for lost, interrupted or unavailable satellite, network, server, Internet Service Provider, website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties; (v) other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information; (vi) any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilized in the Contest; (vii) any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of any website; or (viii) injury or damage to Participant’s or any other person’s computer or mobile device related to or resulting from participating in the Contest or downloading or copying materials from or use of website.
IN NO EVENT WILL THE CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPANT’S ACCESS TO AND USE OF CONTEST ENTITIES’ WEBSITES OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITES. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- GENERAL CONDITIONS. By entering, Participant agrees that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, Participant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, will be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules, and any matters or proceedings shall take place in the State of New York. By entering, Participants consent to exclusive jurisdiction and venue of the federal or state court situated in New York, New York. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of the Contest or any associated website, may be acting in violation of the terms of an associated website or these Official Rules or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Sponsor reserves the right to terminate or modify this Contest at any time for any reason. Additionally, if, for any reason, the Contest is not capable of running as planned including but not limited to reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest, and randomly determine the Winner from among all eligible, non-suspect Entries received prior to action taken. Any attempt to deliberately damage any website or undermine the legitimate operation of the Contest is unlawful and subject to legal action by Sponsor or its agents. Further, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest or these Official Rules without notice. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. A waiver of any provision of these Official Rules must be in writing, and a waiver in one instance or provision shall not be considered a waiver of any other instance or provision.
- WINNERS’ LIST. The name(s) of the Winners will be available between July 1, 2023-September 1, 2023. To review the Winners’ list, send a self-addressed stamped envelope to Win Brand Groups 450 Lexington Ave, #4530, New York, NY 10163-4530.