CLOTHING DESIGN CONTEST

OFFICIAL RULES 

NO PURCHASE NECESSARY.  PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED. 

Fun and Function LLC (“Sponsor”) is proud to offer the Outerwear Design contest (the “Contest”) to you and your child.  There is no minimum age to participate, but minors must have permission from a parent or guardian to participate and to accept any prize awarded, and the parent or guardian of a minor must agree to these Official Rules and accept any prize on behalf of the minor.  (The parent, guardian or the child for which the parent or guardian is granting permission to participate shall be hereinafter referred to collectively as “you,” “your,” “entrant” and any other reference to participants in this Contest.)  These Official Rules can be found at www.bykidsonly.com (the “Site”). 

TO ENTER the Contest, create and submit an original drawing of an article of clothing designed by a child that conforms to the type of clothing described in the Design Calendar located on the Site (“Design”).  To be considered, the Design must:  (1) be original; (2) be solely created by entrant or their child; (3) not have been submitted in another contest or won previous awards; and (4) not infringe the rights of any third party.  Designs can be in any color or combination of colors and your child may use the drawing outlines as provided on the Site for inspiration.  You may submit the Design electronically on the Site or by mail.  In order to submit a Design electronically, you must first register with the Site, and agree to these Official Rules and the Terms and Conditions [http://www.bykidsonly.com/terms.php].  Designs may then be submitted on the Site by uploading a scanned copy of your child’s drawing (PDF and jpeg only), or by submitting a digital photograph of your child’s Design (hi-resolution 300 dpi only).  You must then complete the entry form, or “Post” including your child's first name, age, and your child’s comments regarding the Design's color, style and/or materials.  Or, you may mail a picture of your child’s Design, or the Design itself in a single packet which includes your child's first name, age, and your child’s comments regarding the Design's color, style and/or materials (entry information whether electronic or mailed, and collectively with the Design, a “Submission”).  In addition, if an entrant mails a Submission, it must include the parent or guardian’s name, mailing address, day time phone number and email address.  Mailed Submissions must be sent to P.O. Box 11, Merion Station, PA 19066.  You should not submit personally identifiable information for participants under the age of 13.  Sponsor will not use such information in violation with the Children’s Online Privacy Protection Act of 1998 and will be treated by Sponsor in accordance with our Privacy Policy [http://www.bykidsonly.com/privacy.php].  All Submissions must be in English.  No Submissions will be accepted except as detailed above.  Your child’s Design will be posted on the Site in the Sponsor’s sole discretion, and only your child’s first name and age will be posted. 

The Contest begins at 12:01 a.m. Eastern Time on the initial date of the Contest as detailed on the Fashion Calendar and ends at 11:59 Eastern Time on the last day of that calendar month.  All Submissions must be received by Sponsor electronically or at the above address or postmarked by 11:59 Eastern Time on the last day of the month, as set forth on the Fashion Calendar.  Incomplete or illegible entries and entries without any portion of the Submission, will be disqualified.  You may submit multiple, non-duplicate Submissions, but each Submission must be sent separately.  Only one (1) Design per Submission.  The maximum cost of entering depends upon the materials purchased and the number of Submissions for each entrant.

The Sponsor Parties are not responsible for lost, late, misdirected, damaged, illegible, incomplete or incorrect Submissions.  Once submitted, the Submissions become the property of Sponsor and cannot be acknowledged or returned.  By submitting your entry, you hereby certify that you agree to these Official Rules, have complied with all the rules of this Contest and that you have committed no fraud or deception in entering this Contest or in claiming any prize. 

ELIGIBILITY:  Open only to legal residents of the United States that are younger than 18 years of age as of the participation date.  Employees, their immediate families, and household members (whether or not related) of Fun and Function, or its respective affiliates, subsidiaries, divisions, advertising, judging, and promotion agencies, and the respective employees of each (the “Sponsor Parties”), are not eligible to win. 

PRIZES:  (the fun part!)  One Grand Prize Winner, chosen from the five (5) finalists as detailed below, will receive [an iPod nano] with an approximate retail value of [$149.00]. 

Taxes are the sole responsibility of the winners.  The prize will be awarded to his/her parent/legal guardian. The potential prize winner’s parent or legal guardian will be notified by email, mail or telephone, beginning on or about ten (10) days after the close of the Contest, as posted on the Fashion Calendar.  Prizes are non-transferable and no substitutions or cash redemptions will be allowed, except in the sole discretion of Sponsor.  If any prize is returned undeliverable, or if a winner does not respond within twenty (20) days of notice sent by Sponsor, the prize will be forfeited and will be awarded to an alternate winner.  The potential prize winner’s parent or legal guardian will be contacted by phone or email (using the parent’s phone number or email address provided with the entry) and will have five (5) business days within which to respond, or such entrant’s Submission may be disqualified, his/her prize eligibility forfeited, and an alternate potential winner may be selected.  Potential prize winner’s parent or legal guardian will be required to complete an Affidavit of Eligibility/Release of Liability within ten (10) days of attempted notification.  

JUDGING:   Initially, all Submissions will be reviewed and approved by Sponsor to make sure the requirements in these Official Rules are met.  Sponsor reserves the right to discard any inappropriate or incomplete entries.  Once a Design is posted to the Site, visitors to the Site may vote on their favorite Designs based on the specified criteria in these Official Rules.  Individuals may vote only once.  Sponsor will post the Design images of the five (5) Designs with the most votes (the five (5) finalists) on the Site.  The five (5) finalists will then be evaluated by the staff of Sponsor, whose decisions are final, in order to determine the Grand Prize Winner.  Each Design will be judged using in the following criteria: (a) Ability to Implement Design, in full or in part (25%); (b) Originality (25%); (c) Fashion (25%); and (d) Innovation (25%) In the event of a tie, the winner will be selected based on the Originality criterion.  Judging and website voting will continue until the deadline as set forth on the Design Calendar, and the Grand Prize Winner will be announced on the Site approximately one (1) week after the end of the Contest.  The odds of winning depend on the number of entries received.    

SUBMISSIONS:  Every Submission must be original and of its own style and creation, but feel free to use the drawing online posted on the Site to help your child get started.  Digitally altered images are prohibited.  The Submission may not contain the intellectual property of another party, including without limitation trademarks or copyrights.  Your use, and the Sponsor’s and Sponsor Party’s use, of a Submission must not violate the intellectual property, proprietary or other rights of another party.  A Submission must not have been used in commerce or entered in any other competition.  A Submission may not be offensive or defamatory, as determined by the judges, in the judges’ sole discretion.  By sending a Submission to the Sponsor, you thereby irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the Submission and its use, including without limitation all ideas, concepts, and copyrighted or copyrightable material embodied in or represented by the Submission, and intellectual property rights including without limitation all rights of persons and owners of property appearing therein.  You hereby waive any and all moral or similar rights you or your child may have in and to the Submission.  For the avoidance of doubt, the Sponsor shall have right, but not the obligation, to use, publish, edit, adapt and modify your child’s Design or any portion thereof in any way without territorial, time, use or other restrictions, and for any and all purposes, including but not limited to sale of the clothing design, advertisements, in any and all media now known hereafter to become known worldwide without further compensation to you or any other person or entity.  The Sponsors or Sponsor Parties may, but shall not be obligated to, publish your Submission on the Site or in a circular, flyer, pamphlet, catalog or the like.   

IMPORTANT: By entering this Contest, entrants agree: (i) to be bound by the Official Rules; (ii) that the decisions of the judges are final and binding; (iii) to the use of their names, entry information, likeness and their Submission by the Sponsor Parties for any purposes in all media worldwide without further compensation, except where prohibited; (iv) to release, indemnify and hold the Sponsor Parties, their parent companies, their agents and affiliates harmless from and against any and all claims of liability, loss or damage, judgments, costs and expenses (including without limitation, reasonable attorney’s fees and attorney’s disbursements) arising out of or incurred in connection with their participation in this Contest or the acceptance or use/mis-use of any prize awarded by Sponsor; and (v) to irrevocably assign and transfer to Sponsor all rights of ownership in the Submission submitted, including but not limited to, the right to use, edit, adapt, modify, copyright, publish and use any or all of Submissions for any purpose without compensation, and without territorial, time, use or other restrictions, and for any and all purposes, including but not limited to advertisements, in any and all media now known hereafter to become known worldwide without further compensation to you or any other person or entity. 

All applicable federal, state, provincial and local laws and regulations apply.  This Contest and all matters arising out of or related to this Contest shall be in all respects governed by, and construed, and enforced in accordance with, the laws of the Commonwealth of Pennsylvania without giving effect to its rules relating to conflict of laws.  Any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved exclusively in Montgomery County, Pennsylvania.  No responsibility can be assumed for Submissions or votes that cannot be processed due to phone network, electronic or computer hardware or software failure, or technical failures of any kind, regardless of whether the problem arises with the Sponsor or with the individual attempting to send the Submission.  If, for any reason, this Contest is not capable of being conducted as planned, including without limitation, due to tampering, unauthorized intervention, printing or typographical errors, fraud, or any other causes beyond the reasonable control of the Sponsor or the Sponsor Parties that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor and the Sponsor Parties reserve the right at their sole discretion to cancel, terminate, modify, or suspend this Contest.  The Sponsor Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the Prize.  Contest rules are subject to change without notice.  To find out the identity of the winners, check the web site or send a self-addressed, stamped, business size (#10) envelope to: Outerwear Clothing Design Contest, Fun and Function, P.O. Box 11, Merion Station, PA 19066.  Requests must be received within six (6) months of the end of the Contest, as set forth on the Fashion Calendar.  NAME REMOVAL: IF YOU DO NOT WISH TO RECEIVE AND WOULD LIKE TO BE REMOVED FROM SUBSEQUENT MAILINGS REGARDING CONTESTS SPONSORED BY THE SPONSOR, CONTACT THE SPONSOR AT support@funandfunction.com. 

Questions?  Contact Fun and Function at by mail at P.O. Box 11, Merion Station, Pennsylvania 19066, by phone at (800) 231-6329, by fax at (866) 343-6863, or by e-mail at support@funandfunction.com.  Good Luck!