Kids Contest Rules
VALID IN THE 50 UNITED STATES INCLUDING THE DISTRICT OF COLUMBIA ONLY. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
The "Rakhi Contest" is designed to encourage eligible U.S. students and their parents/guardians on their behalf ("Entrant(s)" or "You") to use their creativity to create their own interpretation of the Rakhi festival. Most popular post will determine the winning entries, and prizes will be awarded in accordance with these Official Rules (these "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 Fledgling Wings with respect to the Contest.
- ELIGIBILITY: To be eligible to enter the Contest, an Entrant must: (a) be a legal U.S. resident of age between 2 to 12 years (i.e. must be able to show proof of legal residence, if needed); and (b) have obtained a parent's or legal guardian's prior permission. Contest is void where prohibited by law.
- SPONSOR: The Contest is sponsored by Ethnic Butik LLC, a New Jersey corporation. The contest is not sponsored by Facebook or Instagram.
- CONTEST PERIOD: The Contest ends on July 25th, 2021, midnight ("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 ("Contest Site") during the Contest Period and follow the instructions that appear on the "How it Works" section. You will be requested to register via a one-page official entry form ("Entry Form") with: (a) a drawing/artwork that reflects Entrant's creative interpretation of the Contest theme; (b) all information at the bottom of the Registration Form including parent’s consent; and (c) a descriptive artist statement of fifty (50) words or less. Entry Forms can only be submitted by parents or guardians. The artwork and supporting statements must meet the " Artwork Requirements," described below.
- Entries received without a completed Registration Form or without a parent's or legal guardian's consent 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 Fledgling Wings); (ii) received by July 25th, 2021 midnight and (iii) in English. Machine or computer-generated liker tools will be detected and those post entries will be disqualified. Any submission not meeting the aforementioned criteria will be disqualified.
DRAWING/ARTWORK REQUIREMENTS. The drawing and supporting statements must meet the following criteria ("Drawing Requirements"):
- They must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, tortuous, 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 drawing and supporting statement are created.
- They must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark, representation of characters indicating 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 does 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 drawing 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 submitted drawing is two-dimensional and scannable (e.g., no videos or GIFs)
- During the Contest Period, the Sponsor, its agents and/or the Judges (defined below) will be evaluating the drawing and supporting statements to ensure that they meet the Drawing Requirements. The Sponsor reserves the right, in its sole discretion, to disqualify any Entrant who submits a drawing and supporting statements that does not meet the Drawing Requirements. Incomplete entries or entries not complying with these Rules are subject to disqualification.
- JUDGING: Each drawing will be evaluated and scored based on the following popularity "Criteria": total number of likes of the post.
- By entering, Entrants agree to receive marketing and promotional emails from Fledgling Wings.
- WINNING PRIZES:
- 1st prize: One parent and the child whose drawing was submitted, will get to pick ANY one outfit each from the entire website for the occasion of Rakhi 2021 OR store gift card of $150.
- 2nd price: The child whose drawing was submitted, will get to pick ANY one outfit from the entire website for the occasion of Rakhi 2021 OR store gift card of $75.
- 3rd price: The child whose drawing was submitted, will get to pick any one outfit under $50 (after discount-if applicable) from the entire website for the occasion of Rakhi 2021 OR store gift card of $50.
- Top 10 Best post (judged by the co-founders) will be displayed on the kid’s photo gallery of fledglingwings.com
Notification of Winners
- Winners will be notified on or before July 28th, 2021 by email submitted during registration.
- Tie-breaker: In the event of a tie i.e. equal Likes on different posts, the tied drawing posts will get 24hrs more to break the tie.
- Only one-time exchange is allowed of the winning products only if there is a sizing issue.
- Decisions of the co-founders 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 their prize, then Fledgling Wings reserves the right to award the prize to another entrant.
- Notification of Winners: Becoming a winner 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 drawing that received the next highest likes score will be chosen as the potential winner. The potential winner(s) will be selected and notified by email, at Sponsor's discretion. If a potential winner does not respond to the notification attempt within three (3) days from the first notification attempt, then such potential winner may be disqualified and an alternate potential winner will be selected from among all eligible entries received based on the judging Criteria described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. Determinations of Judges are final and binding.
- TAXES: AWARDS OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO FLEDGLING WINGS ALL DOCUMENTATION REQUESTED BY FLEDGLING WINGS TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL TAX REPORTING ALL PRIZES WILL BE NET OF ANY TAXES FLEDGLING WINGS 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 Fledgling Wings or otherwise required by applicable law, to Fledgling Wings or a representative for Fledgling Wings or the relevant tax authority, all as determined by applicable law. The potential winner and finalists, 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 Fledgling Wings may, in its sole discretion, select an alternate potential winner.
- GENERAL CONDITIONS: All federal, state and local laws and regulations apply. Fledgling Wings reserves the right to disqualify any Entrant from the Contest if, in Fledgling Wings'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, Fledgling Wings, or the co-founders.
- INTELLECTUAL PROPERTY RIGHTS: As between Fledgling Wings and the Entrant, the Entrant retains ownership of all intellectual and industrial property rights (including moral rights) in and to the Drawing (excluding Fledgling Wings's rights in the Fledgling Wings logo/trademark). As a condition of entry, Entrant grants Fledgling Wings 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 Drawing for any purpose, including display on the Fledgling Wings website, without any attribution or compensation to Entrant. Entries will not be returned. Fledgling Wings retains all rights in the Fledgling Wings products and services and entry into this Contest will in no case serve to transfer any Fledgling Wings 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 Fledgling Wings at Fledgling Wings's expense and agree and consent to use of their name and/or likeness by Fledgling Wings. Fledgling Wings will contact Entrants in advance of any Fledgling Wings-sponsored media request for interviews.
- The Drawings 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 Drawing. Fledgling Wings reserves the right to publish the name and likeness of the Entrants with the top scores, the Winners on the Contest Site or through other media for publicity purposes.
- WARRANTY AND INDEMNITY: Entrants warrant that their Drawings are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Drawing and that they have the right to submit the Drawing in the Contest and grant all required licenses. Each Entrant agrees not to submit any Drawing 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 Drawing 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: Fledgling Wings is not responsible for any malfunction of the entire Contest Site or any late, lost, damaged, misdirected, incomplete, illegible, or destroyed Drawings 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. Fledgling Wings 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. Sponsor's failure to enforce any term of these Rules will not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify Entrants who violate the rules or interfere with this Contest in any manner. If an Entrant is disqualified, Sponsor reserves 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, Fledgling Wings reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Fledgling Wings further reserves 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, Fledgling Wings reserves 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 drawing into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Fledgling Wings, or the Contest Entities. Entrants acknowledge that they submitted their drawing 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 Fledgling Wings or the Contest Entities and that no such relationship is established by Entrant's submission of a Drawing 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 New Jersey, 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 Fledgling Wings of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. ("JAMS") for binding arbitration under its rules then in effect in the New York, New York, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.