Phresh Challenge Guidelines
1. Description of Challenges
The Phresh Challenges™ consist of the Sketch Phresh™ and the Phresh Phrase™. We will hold one challenge each month and winners are determined by the total number of popular votes. Each winner will receive a cash prize and if their design is reproduced after the initial print, they will receive an additional 5% of the profit from reproduction.The Designer Challenge is a competition for Community Designers to earn the right to become part of the MyPhresh Design team. During the process, winners of the Phresh Challenges advance in level of phreshness, increase their pay scale and earn a MyPhresh Title Tee.
Sketch Phresh™ is where the designer can submit their artistic design for the apparel that they want to publish.
Everyone is welcome to vote for their favorite sketch, phrase and to purchase the apparel that they like.
- Sketches and phrase can be submitted at anytime.
- Voting begans once a sketch or phrase has been uploaded.
- Winner is announced at the end of each challenge.
Designer Tool Box is provided for our community to design the apparel. For each challenge, we supply templates for the community to choose to create their own design. They can alter the templates using Adobe Photoshop, Illustrator, or other alternative software and attach their creation to be submitted into the challenge.
2. Eligibility.
A. You are at least 14 years of age at the time of entry.
B. You are not an employees, representatives and contractors of Community Creative Design, LLC ("Sponsor"), any affiliated companies, prize suppliers, advertising and promotion agencies, the immediate family members of employees, representatives and contractors of such companies (regardless of where they reside) and individuals living in the same households of each of these individuals.
C. You agree to comply with and be bound by these Official Challenge Rules (the "Rules"), and the decisions of the administrators and Sponsor of the Challenges, which shall be final and binding in all respects.
THE CHALLENGES ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW, AND IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS.
3. How to Enter.
To enter the Challenges, you must first register to become a member of partofmypresh.com (the "Website"). For detailed information regarding registration, please refer to the Website. Once you have become a registered member of partofmyphresh.com, you must log in to the Website in order to submit and post a Sketch Phresh™ Challenge entry or a Phresh Phrase™ Challenge entry. Your submissions will be deemed to have been created and submitted by you. Therefore, please maintain your partofmyphresh.com login information as confidential. All designs must be submitted in accord with the submission dates for challenges noted below. You may not edit or delete and resubmit your designs at any time during the Entry Period. The Sponsor of the Challenges is not responsible for any late, lost, misdirected or incomplete entries. Sponsor reserves the right to reject entries, without notice, that it deems, in its sole discretion, to be inappropriate.
4. Copyright.
Sponsor does not tolerate copyright infringement. Your designs must be original to you, the submitter. By entering the challenges, you represent and warrant that you have all rights necessary to provide the designs and photographs that you submit, and that the designs, photographs and the submission and Sponsor's use thereof will not infringe upon the intellectual property or other proprietary right of any person or entity.
5. Original Designs and Phrases Only
All designs or phrases must be original and by your submission in the Phresh Challenges™, you are representing that you are the sole owner of the design or phrase submitted to the challenge (hereinafter will be referred to as the "Designer") agree to be subject to the following terms.
(i) the submission is your original product (if someone other than the Designer is drawing the design, please give them credit; if the Design submitted was inspired by another work of art just indicate what your inspiration was. If your design is too similar to its inspiration it will not qualify.
(ii) the submission does not include parts subject to the trademark and copyright of a third party or any other intellectual property right,
(iii) the submission has not been previously published through any media or its rights have not been transferred to any other third party person, company or organization.
(iv) the submission has not been / is not being featured in any other contests including but not limited to the Internet (i.e. other online contests)
(v) the design does not offend any person, group or community in any way
6. Limited Duration License to MyPhresh
Upon submission of an entry in a Phresh Challenges™ contest you agree to transfer all your rights in connection with your design to Community Creative Design, LLC (hereinafter will be referred to as the “MyPhresh").
MyPhresh acquires the following rights in connection with the Designer's submission through and including the purchase of the submission and:
- (i) Modifying the design,
- (ii) Processing the design,
- (iii) Printing the design on every type of media and product,
- (iv) Reproducing the design,
- (v) Selling the printed design, and
- (vi) Publishing the design through the website and use it for promotional purposes
You will re-acquire the rights attached to your submission if it is not elected as the winner of a Phresh Challenges™ contest 10 days after the winner is announced. You will re-acquire the rights attached to your submission if your submission wins a Phresh Challenges contest 120 (one hundred and twenty) days after the winner of the contest is announced.
The Designer must notify MyPhresh prior to usage or selling of his/her submission in order for the submission to be removed from the MyPhresh website. In case of the Designer's failure to make such notification, MyPhresh cannot be hold liable for keeping the submission within the website.
7. MyPhresh Discretion Not To Accept A Submission
MyPhresh, in its sole discretion, has a right not to accept and not to publish the submissions. The decisions of parofmyphresh.com are final and binding.
8. MyPhresh Rights to Modify a Submission
MyPhresh has the right to modify any submission as deemed necessary by MyPhresh. Such modifications include but are not limited to changing the size and color of the design provided that the modifications made by MyPhresh are notified to the Designer. The Designer has the right to withdraw its design as a result of the modifications made by MyPhresh.
9. Challenge and Notification of Winner
A. During the Entry Period (as described in Section 1 above), Website users will be asked to vote on other Website user’s design submissions to Phresh Challenges™. The voting is IP restricted and only allows each IP address to vote once per item. The final score will be calculated from the total number of votes. The Winner will be announced as described in Section 1 above.
B. Between the date a winner is announced and January 31 of the year following the date of submission each Phresh Challenge™ winner who has advanced to next Phresh Challenges™ level is entered in the annual MyPhresh Designer Challenge™ and given opportunity to earn a 1 year contract to become a part of the MyPhresh Design Team.
C. Each Phresh Challenges™ winner will receive a $100.00US cash prize and is eligible to become a part of the MyPhresh Design Team. Sponsor will partner with the winners to help fund their existing production process or directly manage the production process, depending on designer's needs. Sponsor will support the designer with the intent of producing a final product that is most true to the original design submitted. The winner will also receive Exclusive promotion and sales of products on the Sponsor’s website.
D. Sponsor notifies the finalists and winners via their email address as listed in his/her partofmyphresh.com account.
10. Odds of Winning
The odds of winning depend upon the number of eligible entries received during the Entry Period, the number of eligible votes received per item, and the quality of your submission.
11. Limitation of Liability & General Conditions
Where permitted by law, by entering the Challenge, you agree to the Sponsor's (and those acting pursuant to Sponsor's direction of control) right to use to your name, picture, likeness, biographical information and design(s) submitted (whether in whole or in part) for advertising, and promotional purposes, worldwide, in perpetuity, in print, broadcast and in any media now known or hereafter developed, including the Internet, without additional consideration and without notification, review or approval, except where prohibited by law.
Participants further agree to release, indemnify and hold harmless the Sponsor, administrator(s), judges, affiliates, advertising and promotional agencies, and each of their respective directors, employees, representatives and agents (collectively, "Releasees"), from and against any and all liability arising from any injuries, loss or damage of any kind, arising in whole or in part, directly or indirectly, from (i) acceptance, possession, use or misuse of any prize, (ii) participation in the Challenge or participation in any Challenge related activity, and/or (iii) Sponsor's use, commercialization, distribution, marketing and sales of the Winning Collection. Releasees are not responsible for technical, computer, mechanical, printing, typographical, human or other errors or omissions relating to or which may arise in connection with the Challenge including, without limitation, errors which may occur in connection with the submission of designs, the administration of the Challenge, the announcement of the winner; or for stolen, lost, late, misdirected, damaged, incomplete, inaccurate, undelivered, delayed or illegible entries.
The Sponsor reserves the right, at its sole discretion, to disqualify any individual it determines, in its sole discretion, has tampered with the entry process or the operation of the Challenge in any manner or is in violation with these Rules. In the event that Sponsor, in its sole discretion, finds that the Challenge is compromised, becomes corrupted in any way or is not capable of running as planned due to unauthorized intervention, fraud, technical failures or any other causes which affect the administration, security, fairness, integrity or proper conduct of the Challenge, as determined by the Sponsor in its sole discretion, the Sponsor reserves the right to cancel, terminate, modify or suspend the Challenge, in whole or in part. As a condition of entering the Challenge, participants agree that under no circumstances will participants be permitted to obtain awards for, and participants hereby waive all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; all causes of action arising out of or connected with the Challenge or any prize awarded shall be resolved individually, without resort to any form of class action; and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event shall participant be entitled to receive attorneys' fees or other legal costs.
12. Choice of Law
This Challenge and all of the elements contained herein shall be governed and construed in accordance with the laws of the State of Oregon, without regard to its choice of law or conflict of law provisions. Any and all proceedings arising from this Challenge, Sponsor's actions with respect to the Winning Collection or otherwise shall be litigated, exclusively, in the state and federal courts within in the State of Oregon, and the parties hereby submit to the exclusive jurisdiction of such courts and agree they are a convenient forum. EACH PARTY WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THIS CONTEST.
