Tote Design Challenge Terms and Conditions:
No Purchase Necessary
The Mood Tote Design Challenge (“Promotion”), presented by Mood Designer Fabrics (“Mood Fabrics”), 225 W 37th St, New York, NY 10018.
Promotion is open only to persons who are 18 years of age or older as of November 17, 2016. In order to submit a design to the contest, each participant must also be following Mood Designer Fabrics on Instagram and Facebook. Proof of age may be required. Employees, officers, directors and representatives of Mood Fabrics, and immediate family members (spouse and parents, siblings and children and their spouses) and persons living in the same households of each of the above are ineligible to participate. In order to participate you must be able to demonstrate to the satisfaction of the Mood Fabrics that you do not have a current contract for fabric design or any other contractual arrangement that would prohibit you from fully participating in this contest or subsequent contracts requested byMood Fabrics for merchandising and distribution of your designs on textiles.
The competition and its rules are void where prohibited by law. All federal, state, provincial and/or local laws apply. To be eligible for this contest, participant must be a legal resident of, and physically residing in one of the forty eight (48) continental United States. VOID IN ALASKA, HAWAII AND WHERE PROHIBITED BY LAW..
The Promotion submission period begins at 12:00 p.m. Eastern Standard Time (“EST”) on Thursday, November 17, 2016. The contest will close to new entries on Wednesday, November 30, 2016 at 11:59 p.m. EST.Public voting on all Finalist entries will open on the Mood Designer Fabrics Facebook page on Thursday, December 1, 2016 at 12 p.m. and end on Wednesday, December 7, 2016 at 11:50 p.m. EST. Popular vote will determine the top 3 designs to move on to a second round of voting (to be held from December 8, 2016 through December 14, 2016 at 11:59 pm EST. Final results will be announced Thursday, December 15, 2016.
Summary of contest timeline:
- 11/17/2016 - Submissions open at 12 p.m. EST
- 11/30/2016 - Submissions close at 11:59 p.m. EST
- 12/01/2016 - Public voting for Top 3 opensat 9:30 a.m. EST
- 12/07/2016 - Public voting for Top 3 ends at 6 p.m. EST
- 12/08/2016 - Public voting for Round 2 opens at 9:30 a.m. EST
- 12/14/2016 - Public voting for Round 2 ends at 6 p.m. EST
- 12/15/2016 - Mood Designer Fabrics announces winner
5. How to enter a design in the competition
No purchase is necessary to enter or win. You must be following Mood Designer Fabrics on both Instagram and Facebook. There is no cost or fee to enter. There is no entry limit, however a maximum of one (1) entry per participant may be chosen for the first round of public voting. Designs must be original, cannot have been entered in previous contests, and must be new and created specifically for the Mood Tote Design Challenge. Designs previously published on the Internet are not eligible for this contest. Entries must be submitted through Instagram, using the hashtag #MoodToteDesignChallenge. Previously entered designs may be disqualified and deemed ineligible to be selected. Multiple entries of the same design may be disqualified
6. Ownership Of Submitted Designs
Each entrant must be the rightful owner of the submitted design. Entries and registration submissions that are inappropriate or in any way out of compliance with these Official Rules will be disqualified. Only the winning entrant will be offered a licensing contract with Mood Fabrics and have his or her designs released as a reusable Mood tote bag on moodfabrics.com. All other entries remain the property of the individual entrants. Design submissions will be accepted only through Instagram. Submissions by email, mail, on CD or through any other means will not be included for consideration. Designs submitted for voting must be public, but need not be available for sale. By entering the Promotion, you acknowledge that the design you submit is your own original work, is new and created specifically for the Mood Tote Design Challenge, has not been previously published, and does not contain any trademarks, logos, copyrighted material, or any other intellectual property belonging to any third party. You agree to sign any necessary documentation that may be required by Mood Designer Fabrics to certify the use of the rights you granted above. You acknowledge that Mood Fabrics reserves the right to decline to use the design for any reason. You understand that you will not receive any compensation for use of your design, other than what is described in these Official Rules. If the Sponsors determine in their sole discretion that an Entrant has materially breached a representation or warranty at any time during the Competition, then the Entry will be disqualified.
7. Expectations of Entrants
Participants grant Sponsors the right to use your name, image and/or likeness, and any biographical information that you provide to us, in connection with the Promotion or your design, in all media (now known or later developed), in any manner, throughout the world, in perpetuity, to promote the Promotion of Mood Fabrics.
8. Ownership of winning design
Participants in this contest must agree to grant Mood Designer Fabrics the option to license rights to their fabric design should they win the contest, per the terms of the licensing contract that will be offered to the winner. The winning designer will retain rights to the fabric designs for other purposes, and the designs can remain for sale at Mood Fabrics. Mood Designer Fabrics asserts no rights over submitted designs not designated winners. Entrants are free to delete designs they have uploaded to the Contest at any time.
9. Expectations of Voters
Voting will be open to everyone via the Mood Designer Fabrics Facebook page. Votes by phone, email, or mail will not be accepted. Votes for which Entrants have offered some incentive or compensation, as determined by IP address and other fraud-detection tools, will not be counted.
10. Similar Ideas
Each Entrant understands and acknowledges that: i) the Competition Entities have wide access to ideas, images, artistic works and other creative materials, and those new ideas are constantly being submitted to thereto and/or being developed by other individuals; ii) many designs or images may be competitive with, similar to, or identical to content in the Entry and/or each other in style, concept, rendering, or other respects; iii) Entrants will not be entitled to any compensation as a result of the Mood Fabrics’ use of any such similar or identical material that has been or may be received by any of the Competition Entities from other sources. Except where prohibited by law, each Entrant acknowledges and agrees that the Released Parties do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Entrant’s copyright in and to the Entries. Finally, each Entrant acknowledges that, with respect to any claim by an Entrant relating to or arising out of any Competition Entities' actual or alleged exploitation or use of any Entry or other material submitted in connection with the Competition, the damage, if any, caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek any injunctive or other equitable relief or in any way enjoin, otherwise interfere with, delay, or interrupt the production, distribution, exhibition, or other exploitation of any production based on, or allegedly based on, the Entry, and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
Winner will receive a $100 gift card to Mood Designer Fabrics and (1) Mood tote bag featuring the original “I Sew Mood” design. Mood Fabrics will also award the winner (2) bags featuring their winning design and write a social media announcement to be submitted via local, regional, national, and international outlets. The winner will be the creator of the design that receive the greatest number of votes by the time contest voting closes at 11:59 p.m. EST on Wednesday, December 14, 2016. The second and third place winners will receive a $50 and $25 credit respectively. All decisions by the Sponsors as to eligibility of voters, votes, or submitted designs are final. All prize elements are subject to the contract signed between the winner and Mood Designer Fabrics. No transfer, assignment, substitution or cash equivalent of any prize element will be permitted. Other expenses are not included and are winner’s sole responsibility unless indicated herein as being awarded. Winner is solely responsible for the reporting and payment of any applicable federal, state and/or local taxes on his/her prize. The actual value of royalties in the prize elements set forth above will depend upon the specific terms of the contract signed with Mood Fabrics. Winner agrees and acknowledges that Mood Designer Fabrics may share his/her name, address and other contact information with one or more third parties in connection with the awarding and/or delivery of the prize.
If you have any questions email [email protected] The selected finalists and winner will be notified by Instagram Direct Message (via the current Instagram account associated with selected winner’s entry) according to the contest timeline above. Mood Fabrics shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. In Mood Fabrics’ sole discretion, a selected winner may be required to forfeit his/her prize and an alternate winner may be selected in accordance with these Official Rules from among the remaining eligible entries if such selected winner: (i) is unreachable or winner notification is returned as undeliverable; (ii) declines or cannot accept, receive or use the prize for any reason; or (iii) fails to comply with these Official Rules. A forfeited prize may not be awarded.
13. General Conditions
By participating in this Promotion, each entrant agrees to be bound by these Official Rules and the decisions of Mood Fabrics, which are final and binding in all respects and cannot be appealed. By entering, each entrant agrees and acknowledges that Mood Fabrics, and each of its respective parent companies, affiliates, divisions, subsidiaries, franchisees and advertising and marketing agencies, and each of their respective employees, officers, shareholders, directors, representatives and agents (collectively, “Released Parties”) are not responsible for and shall not be liable for: (i) late, lost, delayed, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries; (ii) telephone system, facsimile, technical or computer malfunctions, lost connections or transmissions, disconnections or other errors of any kind whether mechanical, human, electronic or otherwise relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion or the processing of entries; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses, costs, expenses or damages to person or property of any kind caused, in whole or part, directly or indirectly, by the prize or resulting from redemption, acceptance, possession, loss or use or misuse of any prize or from participating in the Promotion or any Promotion related activity; (v) inability to participate in the Promotion; or (vi) any printing, typographical, human, administrative or technological errors in any material associated with the Promotion. No more than the number of prizes stated in these Official Rules will be awarded. Mood Fabrics reserves the right, in their sole discretion, to modify, cancel or suspend this Promotion (or any portion of the Promotion) should an error or a virus, bug, computer problem or other cause or problem corrupt or inhibit the administration, security or proper operation of the Promotion and, in such situation, to select the winner from the remaining eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by Sponsors in their sole discretion. In the event that Promotion is modified, cancelled or suspended, notification of such event will be posted on Mood Fabrics social media. Mood Designer Fabrics may prohibit an entrant from participating in the Promotion or winning a prize if, in their sole discretion, Mood Designs Fabrics determines entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrant or any representative of Mood Fabrics. Any attempt by a person to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Mood Fabrics reserves the right to seek damages from any such person to the fullest extent of the law. Mood Fabrics has not made and/or are not responsible for any misrepresentation or guaranty, express or implied, in fact or in law, relative to the prizes.
14. Right of Publicity
By accepting a prize, winner agrees and acknowledges that Mood Fabrics and any of their designees may, without any limitation or further compensation, use his or her name, voice, biographical data and/or likeness in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for any commercial purpose including, but not limited to, advertising and promoting the Promotion or any other promotion, contest or promotion sponsored by Mood Fabrics, except where prohibited by law.
15. Technical Limitation of Liability
To the extent permitted by applicable law, neither Mood Designer Fabrics nor any of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, legal and financial advisers, any and all companies associated with this Competition after these Official Rules are published, and each of their respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively “Released Parties”) are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the contest entry page or the Mood Fabrics website, or for late, lost, stolen, damaged, misdirected, incorrect, garbled, delayed, undelivered or incomplete Entries, or other materials, except to the extent resulting from the negligence of a Released Party. Any Entry/Entrant information collected during the Competition shall be used only in a manner consistent with the consent given by Entrants, at the time of entry, with these Official Rules.
16. Limitations of liability
Mood Designer Fabrics disclaim any liability for damage to any computer system related to participating in, or accessing or downloading information in connection with the Promotion. Except where prohibited by law and to the extent that the negative consequences described below are the foreseeable result of matters within the Released Parties’ reasonable control and are the direct consequence of negligence or default by any of them, the Released Parties are not responsible for any incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Mood Fabrics website, for the inability to upload or download any Competition-related materials from Mood Designer Fabrics, or for late, lost, damaged, misdirected, delayed, garbled, incorrect inaccurate, stolen, damaged, or incomplete Entries or votes.
17. Applicable Law
By entering the Promotion, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Promotion, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. All issues concerning the construction, validity and enforcement of these Official Rules, or the rights and obligations of the entrant and Mood Fabrics, shall be construed and governed by the laws of the state of New York, without regard to conflicts of law. All suits or claims brought in connection with this Promotion must be brought in a state or federal court in New York.