NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
The National Bobblehead Hall of Fame and Museum Mascot Design Contest Presented by Olympus Group (the “Contest”) is designed to encourage eligible U.S. school students (“Entrant(s)” or “You”) to use their creativity to create a Mascot for the National Bobblehead Hall of Fame and Museum. Judges, Members of the Hall of Fame and Museum and the U.S. Public will choose the winning entries, and prizes will be awarded in accordance with these Official Rules (the “Rules”).
BINDING AGREEMENT:In order to enter the Contest, you must agree to the Rules. Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and the National Bobblehead Hall of Fame and Museum with respect to the Contest.
ELIGIBILITY:To be eligible to enter the Contest, an Entrant must: (a) be a U.S. citizen or permanent U.S. legal resident (i.e. must be able to show proof of legal permanent residence, for example, a “green card”); (b) be enrolled in a private or public elementary or secondary school (grades K-12) or a home school (grades K-12) in the United States (collectively, “U.S. School(s)”); and (c) have obtained a parent’s or legal guardian’s prior permission. Minors who enter must have the written consent of a parent or legal guardian in order to be eligible to receive any prizes, as described in Section 8 of these Rules. Contest is void in Puerto Rico, U.S. territories and possessions, outside of the U.S., and where prohibited by law. Employees, interns, contractors, and official office-holders of the National Bobblehead Hall of Fame and Museum and Olympus Group, and any parent companies, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Contest Entities”), and members of the Contest Entities’ and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Contest.
SPONSOR:The Contest is sponsored by the National Bobblehead Hall of Fame and Museum (“Sponsor), a Wisconsin corporation with principal place of business at 161 W Wisconsin Ave, Milwaukee, WI 53203, USA and Olympus Group (“Olympus” or “Sponsor”, a Wisconsin corporation with principal place of business at 000 W Heather Ave, Milwaukee, WI 53224, USA, and collectively “Sponsors”.
CONTEST PERIOD:The Contest begins on September 29, 2015 at 12:01am Central Time (CT) Zone in the United States and ends on December 31, 2015 11:59pm Central Time (CT) Zone (“Contest Period”). All dates are subject to change.
HOW TO ENTER:NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest, visit the Contest website located at dev.bobbleheadhall.com/mascot/ (“Contest Site”) during the Contest Period and follow the instructions that appear on the “Get Started” button. You will be requested to download and complete a two-page official entry form (“Entry Form”) with: (a) a Mascot Design and (b) all information on the second page of the Entry Form including parent’s consent. Entry Forms can only be submitted by parents, guardians, teachers, and after-school programs on behalf of Entrants. The Mascot Design and supporting statements must meet the “Mascot Design Requirements,” described below.
Once the Entry Form is fully completed, it should be printed on a light colored 8.5”X11” sheet of paper and signed by a parent/legal guardian. The completed Entry Form can be submitted virtually via a digital upload tool or as a hard copy by mail.
To submit an entry via the digital upload tool on the Contest Site, please follow the instructions on the Contest Site under “Submit” tab. The National Bobblehead Hall of Fame and Museum and Olympus Group are not responsible for illegible or incorrectly submitted entries made via the digital upload tool.
To submit an entry in hard-copy form, the entry must be mailed in an envelope (packaged carefully so it won’t be damaged) with proper postage affixed, to one of the following mailing addresses: For Regular U.S. Mail: National Bobblehead HOF, PO Box 0982, Milwaukee, WI 53201-0982 For Overnight Mail (e.g. Courier service like FedEx, UPS, etc.): National Bobblehead HOF, 161 W. Wisconsin Ave #2, Milwaukee, WI 53203
Entries received without a completed Entry Form or without a parent’s or legal guardian’s signature will be disqualified.
LIMIT ONE (1) ENTRY PER ENTRANT. Subsequent entries will be disqualified. To be considered for the Contest, entries must be: (i) complete (as determined by the National Bobblehead Hall of Fame and Museum); (ii) received by December 31st, 2015 11:59pm Central Time (CT); and (iii) in English (unless otherwise specified). Machine or computer-generated mass entries will be disqualified. Any submission not meeting the aforementioned criteria will be disqualified. The National Bobblehead Hall of Fame and Museum and Olympus Group accept no responsibility for submissions lost, delayed, damaged, defaced, or mislaid, howsoever caused. Proof of mailing does not constitute proof of entry. All entries will be deemed made by the Entrant submitted at the time of entry.
MASCOT DESIGN REQUIREMENTS. The Mascot Design and supporting statements must meet the following criteria (“Mascot Design Requirements”):
They must not be derogatory, offensive, threatening, defamatory, disparaging, libellous or contain any content that is inappropriate, indecent, sexual, profane, torturous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.
They must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, or local laws and regulation including the laws or regulations in any state where the Mascot Design and supporting statement are created.
They must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion.
They must be original, unpublished works that do not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
They cannot contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights.
The Mascot Design is not the subject of any actual or threatened litigation or claim.
The Entrant does not include any disparaging remarks relating to the Sponsor or a third party.
The Mascot Design is two-dimensional and scannable.
During the Contest Period, the Sponsor, its agents and/or the Judges (defined below) will be evaluating the Mascot Designs and supporting statements to ensure that they meet the Mascot Design Requirements. The Sponsor reserves the right, in its sole discretion, to disqualify any Entrant who submits a Mascot Design and supporting statements that does not meet the Mascot Design Requirements. Incomplete entries or entries not complying with these Rules are subject to disqualification.
JUDGING:Each Mascot Design will be evaluated and scored based on the following “Criteria”: (i) creativity (ii) uniqueness (iii) Feasibility – the ability to create a physical mascot based off the drawing (iv) adherence to the Mascot Design Requirements and these Rules.
Using the above Criteria, there will be several levels to the judging process, which are discussed below. There will be four (4) levels of judging that will result in finalists at each of the following levels: “Finalists”, “Top Ten Finalists”, “The Final 3”, and a “Winner” as described in further detail below. Level One: 10 Finalists
Number of Winners Selected at this Level: 10
A total of ten (10) Finalists will be selected, as follows:
A panelist of employees from the National Bobblehead Hall of Fame and Museum and Olympus Group will select the Top 10 Finalists.
The entries receiving the three (3) highest scores will move forward as the Final 3 Finalists.
Notification of Winners:
The Top Ten (10) Finalists will be notified via email.
Level Two: The Final Three (3)
Number of Winners Selected at this Level: 3
Members of the National Bobblehead Hall of Fame and Museum and Employees of Olympus Group will select the Final Three (3) Finalists through online voting.
Notification of Winner
The Final 3 Finalists will be notified by email.
Level Four: The Winner (1)
Number of Winners Selected at this Level: 1
Olympus Group will create renderings of the physical mascot based on the drawings of the Final 3. The U.S. public will vote for their favorite Mascot from the Final Three to determine the Winner. Online voting will take place from September 30, 2016 9:00 a.m. Central Time (CT) to October 31, 2016 11:59 p.m. Central Time. The highest ranking entry will be named the Winner.
Notification of Winner
The Winner will be notified by email.
Tie-breaker: In the event of a tie at any level of judging, the judges will re-evaluate the tied Mascot Designs according to the Criteria until the tie is broken. The tied Mascot Designs will be put up for a re-vote amongst the judges at the respective level until the tie is broken.
Decisions of the judges are final and binding. In the event there are not enough eligible entries, not all prizes will be awarded. If a potential winner is unable for whatever reason to accept his or her prize, then The National Bobblehead Hall of Fame and Museum and Olympus Group reserve the right to award the prize to another entrant. Notification of Finalists and Winners: Becoming a finalist is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. If a potential finalist or winner is disqualified for any reason, the Mascot Design that received the next highest total score will be chosen as the potential finalist or winner. The potential finalist(s) and winner(s) will be selected and notified by telephone and/or email, at Sponsor’s discretion. If a potential finalist/winner does not respond to the notification attempt within three (3) days from the first notification attempt, then such potential finalist/winner may be disqualified and an alternate potential finalist/winner will be selected from among all eligible entries received based on the judging Criteria described herein. With respect to notification by telephone, such notification will be deemed given when the potential finalist/winner or potential finalist/winner’s parent or guardian engages in a live conversation with Sponsor or when a message is left on the potential finalist/winner’s voicemail service or answering machine by the Sponsor, whichever occurs first. Except where prohibited by law, each potential finalist/winner may be required to sign and return an Affidavit of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, potential finalists/winners must return all such required documents via fax (or as otherwise instructed) within forty-eight (48) hours and via U.S. Mail within seven (7) days following attempted notification or such potential finalist/winner will be deemed to have forfeited the prize and another potential finalist/winner may be selected based on the judging Criteria described herein. In the event the potential finalist/winner is a minor, his or her parent or legal guardian must sign the documents and return them as described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. Determinations of Judges are final and binding. All potential finalists and the eventual winner, including their parent representatives, agree to keep the Mascot Design strictly confidential between submission and the Mascot Design’s final launch on the National Bobblehead Hall of Fame and Museum website.
One (1) National Winner
The National Winner will have his or her drawing featured on the National Bobblehead Hall of Fame and Museum website. He or she will be awarded a $500 college scholarship to be used at a school of his or her choice, a trip to the National Bobblehead Hall of Fame and Museum in Milwaukee, Wisconsin, for the Mascot Unveiling (time and date to be determined), a Lifetime Membership to the National Bobblehead Hall of Fame and Museum, twelve (12) bobbleheads of the Mascot when they arrive, and a behind the scenes tour of Olympus Group.
The Final 3 (3)
Both of the other Final 3 entrants will win a Hall of Famer Membership to the National Bobblehead Hall of Fame and Museum and $50 in BobbleBucks. The Final 3 will also have their Mascot drawings displayed in the Hall of Fame and Museum and on the HOF and Museum website.
Top Ten (10) Finalists
Each of the other Top 10 Finalists will win a Major Leaguer Membership to the National Bobblehead Hall of Fame and Museum. The Top 10 will also have their Mascot drawings displayed in the Hall of Fame and Museum and on the HOF and Museum website.
The Entrant, his/her guest or parent or legal guardian if Entrant is a minor, must sign a travel release prior to traveling. Winner and guest must travel together at the same time on the same itinerary. All travel arrangements must be made through Sponsor. The trip portion of the prizes will consist of economy-class airfare for the Entrant and one (1) of his or her parents or legal guardians from a major airport that is the closest to the winner’s residence to a Milwaukee area airport; hotel accommodations for two nights in the Milwaukee area at Sponsor’s discretion; and transport to and from the airport, and from the hotel to the event in the Milwaukee area on a date to be determined. Airfare, hotel accommodations, and transport will be arranged at the National Bobblehead Hall of Fame and Museum’s discretion – certain blackout dates and travel restrictions may apply. Winners are responsible for transport from his or her home to and from the airport and any other incidentals or expenses. Once trip dates have been booked, no change, extension or substitution of trip dates is permitted, except at Sponsor’s sole discretion. No extension or change of trip dates permitted. Sponsor will not replace any lost or stolen tickets, travel vouchers, certificates or similar items once they are in winner’s possession, or in the possession of winner’s guest. If the winner lives within 100 miles of prize destination city, the air transportation portion of the prize will not be awarded and ground transportation will be substituted and no additional compensation will be provided. Winner and guest must possess valid ID and are solely responsible for obtaining all necessary and required travel documents (passport, etc.) in order to travel. Sponsor, its affiliates, subsidiaries, divisions, or advertising and promotion agencies shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Contest Entities shall not be liable for any loss or damage to baggage.
The time of the prize distribution will be provided to winners in the prize acceptance documents but will not be earlier than four (4) weeks from Sponsor’s receipt of prize acceptance documents from winners. All prizes awarded to minors will be paid in the name of the parent or legal guardian for the benefit of the child. No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Value is subject to market conditions, which can fluctuate and any difference between actual market value and actual retail value will not be awarded. The prize(s) may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. The winner shall bear all responsibility for use of the prize(s) in compliance with any conditions imposed by such manufacturer(s), and any additional costs associated with its use, service, or maintenance. Sponsor has not made and is not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize(s), regarding the use, value or enjoyment of the prize(s), including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer’s warranty that may apply to the prize or any components thereto.
TAXES:AWARDS OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO THE NATIONAL BOBBLEHEAD HALL OF FAME AND MUSEUM ALL DOCUMENTATION REQUESTED BY THE NATIONAL BOBBLEHEAD HALL OF FAME AND MUSEUM TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL TAX REPORTING ALL PRIZES WILL BE NET OF ANY TAXES THE NATIONAL BOBBLEHEAD HALL OF FAME AND MUSEUM IS REQUIRED BY LAW TO WITHHOLD. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit tax documentation requested by the National Bobblehead Hall of Fame and Museum or otherwise required by applicable law, to the National Bobblehead Hall of Fame and Museum or a representative for the National Bobblehead Hall of Fame and Museum or the relevant tax authority, all as determined by applicable law. The potential winner and finalists, and if the winner/finalist is a minor, their parents or legal guardians, are responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and the National Bobblehead Hall of Fame and Museum may, in its sole discretion, select an alternate potential winner.
GENERAL CONDITIONS:All federal, state and local laws and regulations apply. The National Bobblehead Hall of Fame and Museum reserves the right to disqualify any Entrant from the Contest if, in the National Bobblehead Hall of Fame and Museum’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, the National Bobblehead Hall of Fame and Museum, or the Judges.
INTELLECTUAL PROPERTY RIGHTS:As between the National Bobblehead Hall of Fame and Museum and the Entrant, the Entrant retains ownership of all intellectual and industrial property rights (including moral rights) in and to the Mascot Design (excluding the National Bobblehead Hall of Fame and Museum’s rights in the National Bobblehead Hall of Fame and Museum logo/trademark). As a condition of entry, Entrant grants the National Bobblehead Hall of Fame and Museum and Olympus Group a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the Mascot Design and the inventions depicted therein for any purpose, including display on the National Bobblehead Hall of Fame and Museum and Olympus Group websites, without any attribution or compensation to Entrant. Entries will not be returned. The National Bobblehead Hall of Fame and Museum retains all rights in the National Bobblehead Hall of Fame and Museum products and services and entry into this Contest will in no case serve to transfer any National Bobblehead Hall of Fame and Museum or Olympus Group intellectual property rights to the Entrant.
PUBLICITY.By entering the Contest, Entrants agree to participate in any media or promotional activity resulting from the Contest as reasonably requested by the National Bobblehead Hall of Fame and Museum or Olympus Group at the National Bobblehead Hall of Fame and Museum or Olympus Group’s expense and agree and consent to use of their name and/or likeness by the National Bobblehead Hall of Fame and Museum and Olympus Group. The National Bobblehead Hall of Fame and Museum and Olympus Group will contact Entrants in advance of any media request for interviews.
The Mascot Designs may also be used for press and media purposes and Entrant agrees to waive any rights and not assert any intellectual property rights that Entrant has or may have in the Mascot Design. The National Bobblehead Hall of Fame and Museum and Olympus Group reserve the right to publish the name and likeness of all (50) Finalists as well as any other Entries on the Contest Site or through other media for publicity purposes.
WARRANTY AND INDEMNITY:Entrants warrant that their Mascot Designs are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Mascot Design and that they have the right to submit the Mascot Design in the Contest and grant all required licenses. Each Entrant agrees not to submit any Mascot Design that: (a) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law.
To the maximum extent permitted by law, Entrant indemnifies and agrees to keep indemnified Sponsor at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold harmless Sponsor from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (i) any Mascot Design or other material uploaded or otherwise provided by Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Entrant in connection with the Contest; (iii) any non-compliance by Entrant with these Rules; (iv) claims brought by persons or entities other than the parties to these Rules arising from or related to Entrant’s involvement with the Contest; (v) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (vi) any malfunction or other problem with the Contest Site in relation to the entry and participation in the Contest by Entrant; (vii) any error in the collection, processing, or retention of entry or voting information in relation to the entry and participation in the Contest by Entrant and in the voting process by consumers; or (viii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the entry and participation in the Contest by Entrant.
ELIMINATION.Any false information provided within the context of the Contest by Entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the entrant from the Contest.
INTERNET AND DISCLAIMER.The National Bobblehead Hall of Fame and Olympus Group are not responsible for any malfunction of the entire Contest Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Mascot Designs or votes due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Entrant’s/consumer’s ability to participate/vote respectively. The National Bobblehead Hall of Fame and Museum is not responsible for the policies, actions, or inactions of others, which might prevent Entrant from entering, participating, and/or claiming a prize in this Contest. Sponsors’ failure to enforce any term of these Rules will not constitute a waiver of that or any other provision. Sponsors reserve the right to disqualify Entrants who violate the rules or interfere with this Contest in any manner. If an Entrant is disqualified, Sponsors reserve the right to terminate that Entrant’s eligibility to participate in the Contest.
RIGHT TO CANCEL, MODIFY OR DISQUALIFY.If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsors reserve the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsors further reserve the right to disqualify any Entrant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an Entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsors reserve the right to seek damages from any such Entrant to the fullest extent of the applicable law.
NOT AN OFFER OR CONTRACT OF EMPLOYMENT:Under no circumstances shall the submission of a Mascot Design into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either the National Bobblehead Hall of Fame and Museum, Olympus Group, or the Contest Entities. Entrants acknowledge that they submitted their Mascot Design voluntarily and not in confidence or in trust. Entrants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and the Sponsors or the Contest Entities and that no such relationship is established by Entrant’s submission of a Mascot Design under these Rules.
FORUM AND RECOURSE TO JUDICIAL PROCEDURES:These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of Wisconsin, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and Entrants expressly waive any and all such rights.
ARBITRATION:By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and the National Bobblehead Hall of Fame and Museum and/or Olympus Group of whatsoever kind or nature arising out of these Rules, shall be submitted to a Mediator for binding arbitration under its rules then in effect before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
WINNER’S LIST:You may request a list of winners by sending a self-addressed stamped envelope to:
National Bobblehead HOF
PO Box 0982
Milwaukee, WI 53201-0982
(Residents of Vermont need not supply postage).