STARLIGHT CHILDREN’S FOUNDATION + FANDOM DESIGN-A-GOWN CONTEST Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. FAILURE TO COMPLY WITH THESE RULES WILL VOID AN ENTRY. THE CONTEST IS VOID OUTSIDE OF THE U.S. AND WHERE PROHIBITED.
KIDS, YOU MUST GET YOUR PARENT’S OR LEGAL GUARDIAN’S PERMISSION BEFORE ENTERING. MUST BE AGE 5 OR OLDER TO ENTER. YOU DON’T HAVE TO BUY ANYTHING TO ENTER OR WIN. MANY WILL ENTER, ONLY ONE WILL WIN.
ENTERING AND/OR PARTICIPATING CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. PLEASE READ CAREFULLY.
Overview. Fandom and The Starlight Children’s Foundation want YOU to design a limited-edition hospital gown. The Design-A-Gown Contest (the “Contest”) offers a winner the opportunity for his or her design to be featured on limited edition hospital gowns. See details below.
1. Eligibility. The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia ages 5 and over. Any participant who has not yet reached the age of majority in the jurisdiction in which he/she resides will need his/her parent/legal guardian to enter on his/her behalf, and if chosen as the winner, the prize will be awarded in the name of his/her parent or legal guardian. Sponsor has the right to verify the eligibility of each entrant (each eligible entrant, an “Entrant” or “You,” or “Your,” together “Entrants.”) The Contest is subject to all federal, state, and local laws and regulations and is void outside of the U.S. and where prohibited by law.
2. Sponsors. Starlight Children’s Foundation – 400 Corporate Pointe, Suite 590, Culver City, CA 90230 (“Starlight”) and Fandom, Inc. a Delaware corporation, with offices at 130 Sutter Street, 4th Floor, San Francisco, CA 94104.(“Fandom”).
3. Agreement to Official Rules. By entering the Contest, You fully and unconditionally agree to these Official Rules and the decisions of the Sponsor and judges, which are final and binding.
4. Entry Period. The Contest begins on September 15, 2021 at 12:01 AM Pacific Standard Time (“PST”) and ends on October 1, 2021 11:59 PM PST (the “Entry Period”). Entries received prior to or after the Entry Period will be disqualified.
5. How to Enter. During the Entry Period, use any of the methods below to enter. All information submitted by an Entrant will be treated according to Sponsor’s privacy policy, available at https://www.starlight.org/privacy-policy/. By participating in the Contest and providing any applicable contact information, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void.
a. Entry via Microsite
To enter online, visit (http://www.starlight.org/fandom) (the “Microsite”) to download the hospital gown template. After You design a hospital gown reflecting your interpretation ofthe Contest theme, visit the Microsite to submit your design and complete the entry form by providing all required information (each design upload, a “Microsite Contest Entry” or an “Entry”). Each unique Microsite Contest Entry will result in one (1) contest entry; duplicate or repeat Microsite Contest Entries (excluding repeat/duplicate information contained in the entry form) will be disqualified. There is no limitation on how many unique Microsite Contest Entries you may submit.
6. Additional Requirements for Entries. Entries must be your own original work and must not: (a) contain any content that is not your own or for which you have not obtained appropriate and necessary rights (including, for example, content that contains another person’s or entity’s trademark or content that was created by or is otherwise copyrighted by another person or entity); (b) contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, sexually explicit, defamatory, libelous, threatening, harassing, hateful, degrading, intimidating, violent, or otherwise unlawful, tortious, or objectionable; (c) depict, encourage, promote, or induce conduct that could violate any law or give rise to criminal or civil liability or that could be considered risky or otherwise inappropriate; (d) contain any personal information about any individual other than you; (e) depict any individual other than you; (f) contain any confidential information; or (g) contain any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any website, hardware, software, or network. Entries must not have been entered into any other contest or promotion or otherwise published. Sponsor reserves the right, in its sole and absolute discretion, to refuse to accept any Entry or to disqualify and/or remove any Entry for any reason.
7. Submissions and Unsolicited Ideas Policies. Sponsor is unable to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to Sponsor—whether or not solicited by Sponsor—you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Sponsor in any way, and that you have no expectation of review, compensation or consideration of any type.
8. Selection of Finalists; Public Voting for Winner. On or about October 2, 2021, a group of judges selected by Fandom will select up to five (5) finalist designs (each, a “Finalist” and collectively, the “Finalists”) from among all eligible entries based on the following equally weighted criteria: (a) creativity, (b) appropriateness of gown design, and (c) public appeal of design (the “Winner Selection Criteria”). The Finalists will be announced and posted on the Microsite on or about October 20, 2021 and subjected to public voting. Public voting begins at 12:01 AM PST on October 20, 2021 and ends at 11:59 PST on October 27, 2021 (the “Voting Period”).
During the Voting Period, members of the public will be invited to sign up and vote for the Finalist that best meets the Winner Selection Criteria described above via the Microsite. Limit:one (1) vote per person or email address per day during the Voting Period. Sponsor reserves the right to disqualify any vote for any reason, including but not limited to fraud or suspected fraud.
9. Winner; Prize: The winner will be the Finalist that receives the most votes during the public voting period. In the event of a tie, the Finalist that received the highest panelists’ score, as determined by Sponsor in its sole discretion, will be selected as the potential winner.
The winning design has the opportunity to be adapted and used to create a Fandom custom Starlight Gown. Fandom reserves the right to decide the final design of any gowns and whether the winning design is of sufficient quality to be featured on a gown.
10. License to Rights in Entries; No Obligation. By entering the Contest, you grant to Starlight and Fandom each a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable (through multiple tiers) and transferable license, without additional consideration to you or third parties, to: (a) reproduce, distribute, perform, and display (publicly or otherwise), adapt, modify, edit, translate, make available to the public, make, sell, offer to sell, import, and otherwise use and exploit (and have others exercise such rights on behalf of Sponsor and Fandom, through multiple tiers) your entry in any format or media now known or hereafter developed; (b)create derivative works from and incorporate your entry into other works or into Starlight’s, Fandom’s, or their designees’ products or services; (c) use your entry for Starlight’s and Fandom’s advertising and promotional purposes; and (d) use your name, entry, portrait, picture, voice, likeness, statements, and biographical information for Starlight’s and Fandom’s advertising and promotional purposes, whether or not in connection with your entry, in each case for the purpose of administering and promoting the Contest, any future promotions and/or Starlight or Fandom, except to the extent prohibited by applicable law. Sponsor reserves theright (but does not have the obligation) to verify at any time that all necessary rights, clearances, consents, releases and other permissions in or relating to your entry have been validly obtained, and you agree to fully cooperate with Sponsor in any such verification inquiries. Neither Starlight nor Fandom is under any obligation to use any hospital gown design or to cause any hospital gown to be produced, displayed, distributed, marketed, or in any other way exploited.
11. Release and Limitation of Liability. By participating in the Contest, you agree to release, indemnify, and hold harmless Starlight and Fandom, each such organization’s or company’s respective parent and related companies, and each such organization’s or company’s respective officers, directors, employees, shareholders, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of or related to, directly or indirectly, in whole or in part, your participation in the Contest, creation of your entry/entries, or Starlight’s or Fandom’s use of your entry/entries, including, but not limited to: (a) claims that your entry/entries violates any intellectual property, publicity, or other rights; (b) claims arising from any use or other exploitation of, or failure to use or exploit, your entry/entries; (c) claims arising from any breach or alleged breach by you of these Official Rules; (d) claims arising from unauthorized human intervention in the Contest; (e) claims arising from technical or printing errors; (f) claims arising from lost, late, postage-due, misdirected, or undeliverable mail or email; (g) claims arising from errors in the administration of the Contest or the processing of entries; (h) claims arising from injury, death, or damage to persons or property; or (i) claims based on defamation, infringement of intellectual property rights, or on the rights of publicity or privacy. You further agree that in any cause of action, the Released Parties’ liability will be limited to the actual out-of-pocket costs associated with participating in the Contest, which shall not exceed $25, and in no event shall the Released Parties be liable for attorneys’ fees. YOU WAIVE ANY RIGHTS OR CLAIMS TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
12. Disputes. To the extent permitted by applicable law, by entering the Contest, you agree that any and all disputes, claims, and causes of action arising out of the Contest shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in Los Angeles, California. All issues and questions concerning these Official Rules, State of California, without giving effect to any choice of law or conflict of law rules.
13. General Conditions. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, Sponsor may, in its sole discretion, suspend, modify, and/or cancel the Contest and, if feasible, select a potential winner from among eligible, salvageable, and non-suspect entries received on or before the termination date. Inclusion in such selection process shall be each Entrant’s sole and exclusive remedy under such circumstances. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Contest or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to undermine the 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 or any other provision. In the event of a dispute as to any entry, the authorized holder of the email or other account used to enter will be deemed to be the Entrant. The potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder. In the event that an entry is confirmed to have been erroneously deleted, lost, or destroyed, entrant’s sole remedy shall be another entry into the Contest. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
14. Privacy. Sponsor and its agencies collect personal information from you when you participate in the Contest and the public vote, which shall be governed by the privacy policy available at https://www.starlight.org/privacy-policy/.
15. Official Rules; Winner’s Name. For a copy of these Official Rules, visit the Microsite. For the winner’s name, available on or around November 3, 2021, visit the Microsite.