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Mermaid Mania Rules

MERMAID MANIA 2018 AMBASSADOR SEARCH CONTEST OFFICIAL RULES

PLEASE REVIEW THESE OFFICIAL RULES BEFORE PARTICIPATING IN THE MERMAID MANIA

2018 AMBASSADOR SEARCH CONTEST. ENTRANTS WHO ARE MINORS MUST OBTAIN THE CONSENT OF PARENT OR LEGAL GUARDIAN BEFORE ENTERING THE CONTEST. VOID WHERE PROHIBITED BY LAW.

NO PURCHASE OR PAYMENT NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

Sponsor: Blue Spring Partners, LLC, dba Fin Fun (“Fin Fun” or “Sponsor”), 3018 N. Holmes Ave, Idaho Falls, ID 83401, U.S.A.

Judge: The presenting judge of this giveaway is Blue Springs Partners, LLC, dba Fin Fun (“Fin Fun” or “Sponsor”).

Administrator: The presenting judge of this contest is Blue Spring Partners, LLC, dba Fin Fun (“Fin Fun” or “Sponsor”)

  1. ELIGIBILITY:

The Mermaid Mania 2018 Ambassador Search Contest (“Contest”) is open to legal residents of the United States, U.S. Territories, and the District of Columbia (“Territory”) who are at least 18 years of age at the time of submission. Those who are ages 13-17 at the time of submission must be registered by a parent or legal guardian to participate. Entrants who are 17 years of age at time of submission but will be 18 years of age by May 26, 2018 will be considered as an entrant of the 18+ age category. Employees of Sponsor and their immediate families (spouses, parents, siblings, children and each of their respective spouses), other participating sponsors and each of their respective parent companies, divisions, subsidiaries, affiliates, retailers, distributors, manufacturers, and each of their advertising and promotion agencies (collectively, the “Contest Entities”) are not eligible to win. This event is subject to all applicable federal, state and local laws and regulations. Void where restricted or prohibited by law.

  1. AGREEMENT TO RULES:

By participating, Entrant agrees to be fully and unconditionally bound by these rules and represents and warrants that they meet the eligibility requirements set forth herein. In addition, Entrant accepts the decisions of Sponsor as final and binding as it relates to the Contest.

  1. HOW TO ENTER:

The Contest entry period begins 12:00:00 AM Mountain Time (“MT”) on April 16, 2018 and ends at 11:59:59 PM MT on May 6, 2018. Entries that are not complete by this deadline or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. An individual may not enter more than once by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If Entrant uses fraudulent methods or otherwise attempt to circumvent the rules, the submission may be removed from eligibility at the sole discretion of Sponsor.

The Contest consists of:

A: An “Entry Phase” that begins at 12:00:00 AM Mountain Time (“MT”) on April 16, 2018 and ends at 11:59:59 PM MT on May 6, 2018.

B: A “Voting Phase” that begins at 12:00:00 AM Mountain Time (“MT”) on April 23, 2018 and ends at 11:59:59 PM MT on May 13, 2018.

C: A “Judging Phase” that begins at 8:00:00 AM Mountain Time (“MT”) on May 7, 2018 and ends at 5:00:00 PM Mountain Time on May 25, 2018.

D: A “Winners Phase” that begins at 12:00:00 AM Mountain Time (“MT”) on May 26, 2018 and ends at 5:00:00 PM MT on June 2, 2018.

Each entry received in the “Entry Phase” that meets the Qualifying Criteria (as described in Section 4 of these Rules) will be posted online for public voting in the “Voting Phase.” as further described in Section 6 of the Rules.

During the Entry Phase, an Entrant may enter the Contest by completing an application (or having their parent or legal guardian help complete the application) located at https://finfriends.com/mermaidmania for the appropriate age group, uploading a video of the entrant, and submitting a photo of the entrant. Fin Fun would prefer this photo be headshotstyle. Professional photography not required – a cell phone photo is acceptable. This photo should be sized a minimum of 720 pixels x 576 pixels.

Once application has been processed (approximately 2 business days from submission) and all entry requirements have been met, entrant information will then appear on the contest website and enter the Voting Phase.

From qualified Ambassador entries received by Fin Fun, two (2) to three (3) Finalists will be selected in each of the two age groups (Ambassador Jr. who are 13-17 years old and Ambassador Sr. who are 18+ years old) for each of the eight (8) geographic entry regions. Finalists will be selected based on the highest overall scores (as outlined in the Judging Criteria, further described in Section 6 of these Rules), and each will be classified as a “Finalist.” Each Finalist will be announced and posted in an online gallery at https://finfriends.com/mermaidmaniafinalists (“Finalist Website”) during the “Finalist Phase” as further described in Section 8 of these Rules.

Only Finalists will be eligible to receive the Contest Prize (as further described in Section 9 of these Rules). Judges will select one Contest Winner from each age category in each region for a total of 16 winners.

 

The eight regions of the United States are:

  • North East: Maine, New Hampshire, Vermont, Rhode Island, Massachusetts, Connecticut, and New York.
  • Mid-Atlantic: Pennsylvania, New Jersey, Delaware, Maryland, Washington D.C., Virginia, W Virginia, and North Carolina.
  • South East: South Carolina, Tennessee, Georgia, Florida, Alabama, and Mississippi.
  • Mid-West: Ohio, Indiana, Michigan, Illinois, Wisconsin, Kentucky, Minnesota, Iowa, and Missouri.
  • Central: North Dakota, South Dakota, Nebraska, Kansas, Arkansas, Oklahoma, Louisiana, and Texas.
  • South West: California, Arizona, New Mexico, Colorado, Utah, and Nevada.
  • North West: Washington, Idaho, Montana, Wyoming, Oregon, and Alaska.
  • US Territories/Hawaii: Hawaii, Puerto Rico, US Virgin Islands, Guam, American Samoa, and Northern Mariana Islands.
  1. QUALIFYING CRITERIA AND REQUIREMENTS:

Each Entrant must be an experienced swimmer who can perform Fin Fun’s Mermaid Tail Ready Requirements:

#1 – Floating on your back

#2 – Floating on your stomach

#3 – Rolling from your front float to your back float

#4 – Treading water for about 1 minute

#5 – Swimming 25 yards or meters unassisted

#6 – Swimming 25 yards or meters with the dolphin kick

Written confirmation by a certified lifeguard may be required to confirm the Entrant’s skills. Entrant should also have experience swimming in a mermaid tail.

All Entrant Materials:

  • Must not contain material that violates or infringes another’s rights (whether living or deceased), including, but not limited to, privacy, publicity, copyright or other intellectual property rights (Ex: copyrighted music or artwork);
  • Must have approval from any persons (if minors, approval from their parent or legal guardian) appearing in the Entry and the Entrant must be able to provide express written consent of every such person appearing in the Entry to Sponsor and/or Administrator if requested;
  • Must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest;

Entrant’s Photo and Video:

  • Must not include any personally identifiable information of any other person, such as full name, address or phone number;
  • Must be the sole, exclusive and original work of the Entrant and must not contain images or artwork, quotes, parodies or other materials not created by Entrant;
  • Must not in any way contain any logos, brand names or trademarks other than Sponsor’s, which Sponsor has granted Entrant a limited license to use for purposes of this Contest as set forth in Section 5 of these Rules;
  • Must not contain, facilitate, reference, or use material that is fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
  • Must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to, content that promotes, suggests, or encourages: o the use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, or the use of alcohol or tobacco products;

o the taking up of arms against any person, government or entity or otherwise challenges or seek to overthrow any government;

  • Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way;
  • Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created.

NOTE: If any Entry fails to comply with any of these Entry Guidelines and Requirements or any other provisions of these Rules, Sponsor/Administrator reserve the right to disqualify the Entrant and the Entry will not be eligible to win.

  1. SPONSOR’S INTELLECTUAL PROPERTY (IP) AND GENERAL ENTRY TERMS:

Each Entrant retains ownership of his/her Entry. Each Entrant hereby grants to Sponsor and its affiliated companies and designated agents a non-exclusive, transferable, perpetual, worldwide, irrevocable, royalty free, unconditional, fully paid license and right (a) to post and to make, have made, use, copy, reproduce, modify, and create derivative works of the Entry and any materials provided by the Entrant with the Entrant’s Entry or otherwise through the Contest (“Entrant Materials”), (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly), or license the Entry and Entrant Materials (and derivative works thereof), and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. Additionally, each Entrant consents to the use of the name, Twitter handle, Instagram account name, statements, photographs, videos, voice recordings and likenesses of himself/herself and any other person appearing in the Entry and Entrant Materials for publicity purposes, as well as any other purpose associated with the Contest.

If requested, Entrant (or Entrant’s legal guardian) will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Entry and Entrant Materials.

  1. PUBLIC VOTING:

During the Voting Phase set forth in Section 3 of these Rules, all eligible Entries received during the Entry Phase will be posted on the Official Website. The general public may visit the Official Website and vote for the Entry(ies) they like best. Each person is limited to one (1) vote per age category, per region, for a total of 16 potential votes during the entire Voting Phase using a valid email address. Votes received from any person in excess of the limits set forth herein will be void. Votes generated by script, macro or other automated means are void. Voting must be completed by the actual person casting the vote. A person may not vote on behalf of another person. Votes intended to improperly impact the integrity of the voting process as determined by Sponsor in Sponsor’s sole discretion are void. Payment or other consideration in exchange for votes is prohibited.

The quantity of public votes obtained by an Entry is factored into the Judging Criteria as described in Section 7 of these Rules.

  1. JUDGING AND ANNOUNCEMENT OF FINALISTS:

During the Judging Phase, all eligible Entries received during the Entry Phase will be judged by a panel of qualified judges (“Judges”) to determine a minimum of two (2) Finalists per age category, per region, for a minimum of 32 Finalists. From these 32 Finalists the Judges will then determine the 16 Contest Winners.

The Judges will score each Entry according to the following weighted judging criteria (collectively, “Judging Criteria”):

  • Presentation Style – 20%
  • Creativity– 20%
  • Reflects Fin Fun Values – 20%
  • Community Involvement – 20%
  • Public Votes during Voting Phase – 20%

Judging will take place May 7 –25, 2018. Finalists will be announced May 18 through May 25, 2018, one region per day, on www.finfriends.com/mermaidmania.

  1. SELECTION OF CONTEST WINNERS & WINNERS PHASE:

The Contest Winners will be selected using the criteria described in Section 7 during the Judging Phase and be announced during the Winners Phase May 26 – June 2, 2018.

In the event of a tie, the Entry that received the highest score during the Judging Phase in “Reflects Fin Fun Values” will be deemed the winner of their age group /geographic region category.

 

  1. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):

Each of the eight (8) Ambassador Jr. Contest Winners and eight (8) Ambassador Sr. Contest Winners will receive:

  • One mermaid tail and monofin of Fin Fun’s choosing (ARV $90).
  • Twelve (12) mermaid tail skins designated as the Tail of the Month from June 2018 to May 2019 (ARV $720 total).
  • 10% discount on all personal orders for one year (June 1, 2018 – May 31, 2019).
  • Opportunity to be featured on FinFun.com and FinFriends.com websites on an “Ambassador” webpage.
  • Opportunity to be part of a panel that provides input/feedback to Fin Fun on designs/products.
  • Opportunity to represent Fin Fun at events and through other channels such as social media, traditional media and trade media.
  • Sneak peeks of upcoming products.

The ARV of each Prize Package is $810. Prize fulfillment will be complete by May 31, 2019. ARV may vary from actual value, depending on mermaid tail size and tail skin design as selected by Fin Fun. The specifics of the Contest Prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner.

  1. PRIZE CONDITIONS:

By accepting the Contest Prize, Contest Winner agrees that Sponsor, Administrator and their respective parent, related, affiliated, and subsidiary companies and their respective officers, directors’ agents, employees and assigns, shall be released and discharged from any and all legal claims, losses, injuries, demands, damages, actions, and/or causes of actions that arise out of and/or are in any way related to a prize and/or the receipt, use and/or enjoyment of a prize and/or the Contest. All benefits are personal to each winner and are not redeemable for cash and are neither assignable nor transferable.

Acceptance of prize constitutes permission for Sponsor to use winner’s name, likeness, and Entry Material for promotional and advertising purposes, in any and all media, without further compensation, unless prohibited by law, as further defined below. By participating in the Contest, Entrants agree to be bound by the Official Rules and the decisions of the Sponsor.

ALL PRIZES ARE AWARDED “AS-IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OTHER THAN THE EXISTING 60-DAY TAIL TIP WARRANTY.

 

  1. NOTIFICATIONS TO PRIZE WINNERS AND REQUIREMENTS TO CLAIM PRIZES:
  2. Notification of Winners: The Contest Winners selected to be Fin Fun Mermaid Ambassadors will be notified by email and/or telephone at the email address or telephone number provided on their Entry between May 14-25, 2018. The potential Contest Winner must respond to such notification within three (3) days from the date notification is sent and must return the Affidavit of Eligibility/Liability/Publicity Release within fourteen (14) days from the date it is postmarked by Sponsor.
  3. General Requirements: At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate Contest Winner may result from any of the following:
  • any potential Contest Winner’s failure to respond within the time periods set forth above;
  • failure to provide any other requested information in the time period specified;
  • the return of an e-mail notification sent by Sponsor/Administrator as undeliverable after three (3) attempts;
  • potential Contest Winner’s failure to provide Administrator with satisfactory proof of age, identity and residency; and
  • potential Contest Winner’s failure to execute and return an Affidavit of

Eligibility/Liability/Publicity Release within fourteen (14) calendar days from the date the form is sent to the potential Contest Winner.

Federal, state, and local taxes and all other expenses not specified herein are each Winner’s sole responsibility. In the event that a potential Contest Winner is disqualified for any reason, or does not accept a prize, Sponsor, in its sole and absolute discretion, will award the prize to the Entry with the next-highest overall score, subject to verification of eligibility and compliance with these Rules. In such cases where the prize is not accepted or where a Contest Winner has forfeited, there will, as necessary, be up to two (2) alternate Contest Winners contacted in order based on overall score, after which the prize, if not accepted by an eligible Contest Winner, will not be awarded.

  1. INTERNET/LIMITATIONS OF LIABILITY:

Sponsor, Administrator, their respective parent, related, affiliated and subsidiary companies, their advertising, promotion and contest software agencies, all other entities involved in the creation, administration, or fulfillment of the Contest, and all of their respective successors, assigns, directors, officers, employees, agents and independent contractors (individually and collectively, “Releasees”), are not responsible for technical malfunctions of any kind, including but not limited to interrupted or unavailable network server or other connections; miscommunications; failed, partial, or garbled telephone or computer transmissions; jumbled, scrambled or misdirected Entries or transmissions; phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties; other errors, omissions, interruptions, or deletions of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; or for any damage to any person’s computer or wireless device related to participating in the Contest.

Additionally, Releasees are not responsible for illegible, unintelligible, late, lost or stolen Entries; incorrect or inaccurate Entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest; or for any technical or human errors which may occur in the processing of any Entries in the Contest. Any person attempting to enter using multiple identities or any other device or artifice to enter multiple times or to interfere with the proper administration of the Contest will be disqualified from participation in the Contest. Additionally, any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Contest will void any attempted participation effected by such methods and result in the disqualification of the individual utilizing the same.

Administrator reserves the right to disqualify any individual found or suspected, in its sole opinion, to be tampering with the operation of the Contest; to be acting in violation of these Rules; or to be acting with the intent to disrupt the normal operation of the Contest. If, in the judgment of Administrator, the Contest is compromised by viruses, bugs, non-authorized human intervention or other causes that corrupt or inhibit, or may corrupt or inhibit the administration, security, fairness or intended proper play of the Contest, so that it cannot be conducted as originally planned or intended, Administrator has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Contest (except where prohibited by law); and in such event, to select the winners by such method as Sponsor in its sole discretion shall consider equitable.

RELEASEES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,

BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE OR NONINFRINGEMENT AS REGARDS ANY PRIZE OR ANY COMPONENT

OF A PRIZE. AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF

LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, CHECK YOUR LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY APPLY TO YOU.

Additionally, entrants agree to release and hold harmless social media outlets such as: Facebook, Instagram, Twitter, and YouTube from and against any claims arising out of or in conjunction with the giveaway or receipt or use of any prize. Further, entrants acknowledge that this giveaway is in no way sponsored by, endorsed by, or administered by, or associated with any other third party.

The winner(s) agrees to assume all liability activity with prize, and commits to follow all safety guidelines, product use instructions, and have required parental guidance and permission.

  1. PRIVACY POLICY AND TERMS OF USE:

Any personally identifiable information collected during participation in the Contest is subject to Sponsor’s privacy policy (https://www.finfunmermaid.com/privacypolicycookierestrictionmode).

  1. GOVERNING LAW:

Any disputes arising out of or related to the Contest shall be resolved by binding arbitration in Idaho under Idaho law. All Entrants consent to the jurisdiction of such court and to the service of process outside the State of Idaho pursuant to the requirements of such court in any matter submitted to it, and they expressly waive the right to a jury trial.

  1. RELEASE:

By participating, all entrants, any winners and their family members, agents, and employees release and agree to indemnify and hold harmless Releasees from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Contest, or arising out of participation in any Contest or Contest-related activity, or the receipt, use, or misuse of a prize.

  1. WINNERS’ LIST:

To obtain the winners names, please visit https://finfriends.com/mermaidmania no earlier than June 30, 2018.

Copyright ©2018 Blue Spring Partners, LLC | Fin Fun and Fin Fun logo are registered trademarks of Blue Spring Partners, LLC. All Rights Reserved.