Ty Inc. "MAKE MY
BEANIE" Contest
Official
Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules. The Ty Inc. "MAKE MY BEANIE" Contest ("Contest") begins August 15, 2008 and ends at 12:00 am on September 19, 2008 ("Contest Period"). The Contest is sponsored by Ty Inc., P.O. Box 5377, Oakbrook, Illinois 60522 ("Sponsor").
The Contest has two categories that are identical except for the age of the Contest entrants, and the Contest has four (4) stages: the Selection of Finalists Stage, the Selection of Quarter-Finalists Stage, the Selection of Semi-Finalists Stage and the Selection of Grand Prize Winner Stage, which are more fully described below. For each Contest age category, the Contest will have the four (4) stages identified in the preceding sentence.
ELIGIBILITY: The Contest is open to all persons including children with parental consent. No purchase necessary to enter. [Parents, please see the General Information section for information on excluding your child from participation.] Employees, officers, and directors of Sponsor, their respective affiliates, subsidiaries, advertising, promotion, and fulfillment agencies ("Sponsor Personnel"), and those individuals who are immediate family members of Sponsor Personnel, or persons living in the same household as Sponsor Personnel, are not eligible to participate in the Contest. "Immediate family" means parents, siblings, children and spouse. Professional designers are not eligible to enter the Contest. Void in Vermont, Rhode Island and where prohibited. All federal, state, and local laws and regulations apply.
ENTRY CATEGORIES: The contest will have two categories for entry submissions. The entry requirements for each category are the same, except for age. All other rules shall be the same. Twenty-five Finalists, ten Quarter-Finalists and five Semi-Finalists will be selected for each category, and each category will have a Grand Prize Winner. The first category shall be for children ages 9 and under (the "9 & under contest"). Entrants into this category may not turn 10 years old before the last day of the Contest Period (September 19, 2008). The second category shall be for persons aged 10 and older (the "10 & older contest"). Entrants into this category are those who will be 10 years old or older as of the last date of the Contest Period (September 19, 2008).
ENTRY REQUIREMENTS: To enter, submit your entry no later than 12:00 am on September 1, 2008. Eligible participants may submit their entry online at http://makemybeanie.ty.com or by mailing the entry to Ty Inc., P.O. Box 5377, Oakbrook, IL 60522, Attn: Make My Beanie. Entries submitted online must be submitted in a jpg, bmp or gif file, and these are the only formats that will be accepted.
Entries received after 12:00 am on September 1, 2008 will be disqualified and will not be judged. Entrants may submit as many entries as they like. To be eligible for entry in this Contest, all entries must meet the following criteria: (i) the design must be exclusively entrant's work, (ii) the entries may be hand drawn or created on the computer, (iii) the entries should contain no copyrighted images, logos or designs of any nature whatsoever, and (iv) the entries must be appropriate for viewing by children (and Sponsor, in its sole discretion, will determine if an entry is appropriate for children).
All entries must include all requested information, including the entrant’s name, email address, and age as of the last date of the Contest Period. For submissions by mail, entrants should include their name, mailing address, telephone number, age as of September 19, 2008 and an email address (or an indication that the entrant does not have an email address). Entrants that do not include this information will be disqualified and will not be judged.
Sponsor is not responsible for incorrect, inaccurate or incomplete entry of information by participants; lost entries or transmissions, interrupted or unavailable network, server, or other connections; scrambled transmissions or other errors or problems of any kind whether mechanical, human, or electronic, technical malfunctions or the computer hardware, software, or any combination thereof; or problems associated with any virus or any other damage caused to systems. Entries cannot be returned and become the property of Ty Inc.
By submitting an entry, entrants (including the parents or legal guardians of entrants who are minors) acknowledge and agree that Ty Inc. shall be the sole owner of any and all rights in and to the design included with the entry, including any and all rights with respect to the copyright of such design and any derivative use thereof. Entrants (including the parents or legal guardians of entrants who are minors) expressly acknowledge and agree that all copyrights or other rights connected with the designs shall be the sole and exclusive property of Ty Inc., and entrants (including the parents or legal guardians of entrants who are minors) agree that they will not use such designs without the express written permission of Ty Inc. By submitting an entry, entrants (including the parents or legal guardians of entrants who are minors) covenant not to sue Ty for the use of any idea presented and specifically covenant not to sue Ty for copyright or trademark infringement.
SELECTION OF FINALISTS PHASE FOR EACH CONTEST CATEGORY:
JUDGING: Each entry must meet the entry requirements, as specified above. Any non-conforming entries will be disqualified. Once each entry is screened and passed for compliance with the entry requirements, the entry will be posted on the "MAKE MY BEANIE" Contest website to be voted on by the public as set forth herein.
Between August 14, 2008 and 12:00 am on September 8, 2008, all qualified entries will be posted online at http://makemybeanie.ty.com for public voting. Voting instructions will be posted online and will be limited to one vote per day.
The twenty-five (25) Entrants in each of the two age categories that receive the highest number of eligible public votes will be selected as the "Finalists". Sponsor’s determination as to which entrants received the most votes will be final, in its sole discretion.
PRIZE: All twenty-five (25) Finalists in each category shall receive an official Ty Warner Autographed "MAKE MY BEANIE" Contest t-shirt in the approximate retail value of $10. If a selected Finalist is a minor, the award will be given on the minor's behalf to a parent or legal guardian.
NOTIFICATION OF FINALISTS: Finalists will be notified by email or by telephone within three (3) days after the final decision of the judges. Finalists shall be required to provide a mailing address for delivery of the award, and for those Finalists who are minors, Sponsor will need verification of the name of the parent or legal guardian to whom the award will be given on the minor's behalf. Finalists may also be required to sign and complete an Affidavit of Eligibility/Liability and Publicity Release and return it within seven (7) days after voting in the Selection of Finalists phase has ended. Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to deliver the notification to Finalists. If a Finalist cannot be contacted by 12:00 am on September 16, 2008, is ineligible, or fails to timely return the completed and executed documents as required, then that Finalist's entry will be disqualified. If a Finalist changes his/her email address after submitting his/her entry, it is the sole responsibility of the Finalist to notify the Sponsor or their designated agents of their new email address. Sponsor shall have all rights to copy, edit, crop, publish and use, any entry design without further compensation (except where prohibited by law).
SELECTION OF QUARTER-FINALISTS PHASE FOR EACH CONTEST CATEGORY:
The entries of the twenty-five (25) Finalists in each category that receive the most votes, as determined by Sponsor, will be posted on the "MAKE MY BEANIE" Contest website to be voted on by the public as set forth herein.
Between September 8, 2008 and 12:00 am on September 12, 2008, the entries of the Finalists will be posted online at http://makemybeanie.ty.com for public voting. Voting instructions will be posted online and will be limited to one vote per day. Votes submitted in the prior phase will not be carried over into the Selection of Quarter-Finalists phase, and only votes submitted between September 8, 2008 and 12:00 am on September 12, 2008 will be counted in the determination of which Finalists receive the most votes.
The ten (10) Finalists in each category that receive the highest number of eligible public votes will be selected as the “Quarter-Finalists”. Sponsor’s determination as to which Finalists received the most votes will be final, in its sole discretion.
No prize shall be awarded in the Selection of Quarter-Finalists phase.
SELECTION OF SEMI-FINALISTS PHASE FOR EACH CONTEST CATEGORY:
The entries of the ten (10) Quarter-Finalists in each category that receive the most votes, as determined by Sponsor, will be posted on the "MAKE MY BEANIE" Contest website to be voted on by the public as set forth herein.
Between September 12, 2008 and 12:00 am on September 16, 2008, the entries of the Quarter-Finalists will be posted online at http://makemybeanie.ty.com for public voting. Voting instructions will be posted online and will be limited to one vote per day. Votes submitted in the prior phases will not be carried over into the selection of Semi-Finalists phase, and only votes submitted between September 12, 2008 and 12:00 am on September 16, 2008 will be counted in the determination of which Quarter-Finalist received the most votes.
The ten (10) Quarter-Finalists in each category that receive the highest number of eligible public votes will be selected as the “Semi-Finalists”. Sponsor’s determination as to which Quarter-Finalists received the most votes will be final, in its sole discretion.
No prize shall be awarded in the Selection of Semi-Finalists phase.
SELECTION OF GRAND PRIZE WINNER FOR EACH CONTEST CATEGORY:
The entries of the five (5) Semi-Finalists in each category that receive the most votes, as determined by Sponsor, will be posted on the "MAKE MY BEANIE" Contest website to be voted on by the public as set forth herein.
Between September 16, 2008 and 12:00 am on September 19, 2008, the entries of the Semi-Finalists will be posted online at http://makemybeanie.ty.com for public voting. Voting instructions will be posted online and will be limited to one vote per day. Votes submitted in the prior phases will not be carried over into the selection of Grand Prize Winner phase, and only votes submitted between September 16, 2008 and 12:00 am on September 19, 2008 will be counted in the determination of which Semi-Finalist received the most votes.
The Semi-Finalist in each category that receives the highest number of eligible public votes will be selected as the Grand Prize Winner of that category. Sponsor’s determination as to which Semi-Finalist received the most votes will be final, in its sole discretion.
Subject to legal approval, the winning design for both Grand Prize Winners (the winner of the "9 & under contest" category and the winner of the "10 & older contest" category) will each be used to create a Beanie Babies 2.0 plush toy that will be manufactured by Ty. These products will be manufactured in limited quantities, the specific amount of which will be determined by Ty in its sole discretion, and these products will be sold by Ty to its retail customers in its normal course of business.
PRIZE: The Grand Prize Winner in each category shall receive the first Beanie Babies 2.0 plush toy produced using the Grand Prize Winner’s specific submitted winning design, personally autographed by Ty Warner, in the approximate retail value of $5.
As this is a contest of skill, winning is dependent on the quality of entries received. All prizes will be awarded. No substitution or transfer of any prize or election of cash in lieu of any prize by winner will be permitted. Sponsor reserve the right to substitute any prize of equal or greater value. Prizes are nontransferable. All federal, state, local and/or any other applicable taxes are the sole responsibility of the winners. Winners of prizes valued over $600 will be issued IRS 1099 forms for the value of the prize.
NOTIFICATION OF GRAND PRIZE WINNER: The selected Grand Prize Winner for each category will be notified by email within thirty (30) days after the close of the Contest Period. The selected Grand Prize Winners may be required to sign and complete an Affidavit of Eligibility/Liability and Publicity Release and return it within ten (10) days of date of postmark. If a selected Grand Prize Winner is a minor, the award will be given on the minor’s behalf to a parent or legal guardian. Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to deliver the notification to the selected Grand Prize Winner. If the selected Grand Prize Winner cannot be contacted within fifteen (15) days of the close of voting, is ineligible, fails to contact the Sponsor within fifteen (15) days of initial contact, or fails to timely return the completed and executed documents as required, the award may be forfeited and awarded to the entrant with the next highest vote total. If the selected Grand Prize Winner has moved to a different address after submitting his/her entry, it is the sole responsibility of the selected Grand Prize Winner to notify the Sponsor or their designated agents of their new address. Sponsor is not responsible for any award that is non-deliverable due to change of address. The selected Grand Prize Winner gives Sponsor the right to use his or her name and/or likeness for the purpose of advertising, trade, or promotion without further compensation worldwide in perpetuity and in any form of media including the Internet, unless prohibited by law.
ADDITIONAL CONDITIONS:
All entries must be the original work of the entrant. By participating in the Contest, entrants and, if appropriate, their parents or legal guardians, agree to be bound by these Official Rules and the decisions of Sponsor, which shall be final. Sponsor, its respective agents and representatives of Sponsor, its respective parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for: (i) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (ii) failed, incomplete, garbled, or delayed computer transmissions; (iii) any condition caused by events beyond the control of the Sponsor that may cause the Contest to be disrupted or corrupted; (iv) any injuries, losses, or damages of any kind arising in connection with or as a result of any prize, or acceptance, possession, or use of any prize, or from participation in the Contest; or (v) any printing or typographical errors in any materials associated with the Contest. Sponsor reserves the right, in their sole discretion, to suspend or cancel the Contest at any time if a computer virus, bug, tampering, unauthorized intervention, or other technical problem of any sort corrupts the administration, security, or proper play of the Contest. Sponsor reserves the right to cancel the Contest or change any element thereof, with or without notice, at any time, due to printing errors, web site errors, transmission errors or other mistakes in the production of the Contest. Sponsor also reserves the right to disqualify, in its sole discretion, any person tampering with the entry process, the operation of the Website, or who is otherwise in violation of the rules. By participating, entrants agree that all disputes will be resolved in the appropriate courts in the state of Illinois, exclusively, and subject to the laws of the state of Illinois.
By participating in the Contest, each participant agrees to release and hold Sponsor and their respective employees, officers, directors, shareholders, agents, representatives, companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Contest or resulting from acceptance, possession, or use of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
GENERAL INFORMATION:
The Ty Inc. "MAKE MY
BEANIE" Contest was created to offer its users an interactive
and educational experience with an opportunity to win prizes. Ty Inc.
will not maintain an archive of information obtained in this contest,
and does not use such information in ways other than to facilitate
the operation of this contest. Identifiable information obtained
through contest entries is limited only to that which is necessary
for validating contest eligibility, contacting Finalists or winners,
and to facilitate the delivery of prizes. Information obtained
through contests will not be used by Ty for any other purpose, nor
will such information be transferred to any other organization or
individual for any purpose.
Parents may exclude their children from participating in this contest, and those who wish to do so should submit an email to Sponsor at customerservice@ty.com, with the child’s name, birth date and entrant’s email address to have the entry removed.
FINALISTS' NAMES:
To obtain a list of the Finalists and the Grand Prize Winners, send your request along with a stamped, self-addressed envelope to: Ty Inc. "Make My Beanie" Contest List, P.O. Box 5377, Oakbrook, IL 60522. Vermont residents need not include postage. Requests must be received no later than October 19, 2008.