Contest Terms and Guidelines

Only Googly products are to be used in photos, no photos depicting competitive products or non-competitive toys by third-party manufacturers will be accepted and/or considered for this contest. No purchase necessary to enter or win. A purchase will not increase your chances of winning. Many will enter; only one Grand Prize winner will be chosen at the end of the contest and announced August 2010. The contest is open only to legal residents of the Fifty (50) United States and the District of Columbia. VOID where prohibited. Employees (and their immediate families, i.e. parent, child, spouse or sibling or their respective spouses, regardless of where they reside and those living in their same households, whether or not related) of Imperial Toy, LLC (“Sponsor”), its affiliates, subsidiaries, advertising and promotion agencies and website providers/web masters are not eligible to enter or win. Entrants must be 5 years or older. By participating, entrants agree to be bound by these Official Terms and the decisions of the judges and/or Sponsor, which are binding and final on matters relating to this contest. Contest is subject to all applicable federal, state and local laws.

PROMOTION PERIOD:

Contest begins at 12:01 a.m. Pacific Time (“PT”) on June 1, 2010 and ends at 11:59 p.m. PT on July 18, 2010 (the “Promotion Period”).

To enter:

During the Promotion Period, there is only one (1) way to enter: send an email containing the entry as a "jpeg" image file to "submissions@imptoy.com". To be considered for the prizes, entries must be received by 11:59 p.m. PT on July 18th. If your photo is selected by Sponsor as one of the top 10 entrants, you will be contacted via return email and asked to provide us with your name, city, state and e-mail address for the purpose of verifying eligibility and awarding prizes. Entrants not so selected are not required to provide any personally identifying information. Upon selection of the top 10 entries by Sponsor, the email addresses of all entrants other than the top 10 entries will have their email addresses deleted from the Sponsor's servers, and no record of any identifying information (email addresses) will be kept by Sponsor or remain on Sponsor's servers.

Photos submitted must meet the following requirements: Image format: JPEG only; Maximum file size: 2MB Minimum width: 500px; Aspect ratio: images may be up to twice as wide as they are tall, or twice as tall as they are wide.

Limit one entries per person/email address/household. All entries become the property of Imperial Toy, LLC and will not be returned.

The Googly Band Design Contest will be judged by a panel chosen by the Sponsor as well as votes received via the contest website. Photos will be judged with no discrimination towards sex, race, or age. Photos with nudity or children depicted in a derogatory or dangerous position will not be accepted. Photos depicting hateful, threatening, or pornographic images, or images that incite violence, or that contain nudity, graphic and/or gratuitous violence, or which include any personal contact information will not be accepted. Sponsor reserves all rights to refuse any photograph that it defines as unacceptable, in its sole and exclusive discretion. All decisions are final. Winners will be chosen from all eligible photos received and will be announced on September 1, 2010. Odds of winning depend on the number of eligible photos received. Potential winners will be notified via e-mail and may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within seven (7) days of date of issuance. If such documents are not returned fully-executed within the specified time period, a prize/prize notification is returned as undeliverable, or a potential winner is not in compliance with these rules, the prize will be forfeited and, at Sponsor’s discretion, an alternate winner selected.

If a professional photo is submitted to our contest, Sponsor will not be held accountable and/or liable for the subsequent use of this photo. It is recommended that the entrant receives the rights to use the photo prior to contest submission, since by sending us your photo(s) you certify that you own and/or have the right to distribute the photo(s) and agree to indemnify Sponsor against any third-party claim of infringement arising out of Sponsor's use of the photo.

By submitting your photo(s), you agree to grant us a perpetual, royalty-free, worldwide license for the right to use your photos in any manner in connection with Googly and/or other Imperial Toy products, such manner of use to be within Imperial Toy’s sole discretion. Imperial Toy has no obligation to use any photo(s) you submit.

Grand Prize:

One Grand Prize winner will be chosen at the end of the voting period (after August 16, 2010) and will be announced on September 1, 2010. The Grand Prize winner will be eligible to have his/her Googly Band design manufactured by Imperial Toy.

Prizes are awarded as is, with no warranty or guarantee, either expressed or implied by Sponsor. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winner is responsible for all federal, state, and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded. All prize details are at Sponsor’s sole discretion. The use card as prizing does not constitute an association, participation, affiliation and/or co-sponsorship with distributer or their stores with this contest, promotion and/or prizing.

General Conditions:

Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, misdirected, undelivered, garbled, illegible entries email; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether computer, human, mechanical, electronic, network, typographical, printing or otherwise relating to or in connection with the contest, including, without limitation, errors which may occur in connection with the administration of the contest, the processing of entries, the announcement of the prizes or in any contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the contest. Released Parties are not responsible for injury or damage to participants’ or to any other person's computer related to or resulting from participating in this contest or downloading materials from or use of the web site. Persons who tamper with or abuse any aspect of the contest or website, as solely determined by Sponsor, will be disqualified. Should any portion of the contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the contests and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect entries received prior to action taken. Entrants by participating, agree that Sponsor, its affiliates, subsidiaries, advertising and promotion agencies and website providers/web masters, and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize or participation in this contest.

Each winner, by acceptance of prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide, and on the Internet and world wide web, in perpetuity, without notice or review or approval. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.

Winners LIST:

Top 10 entries will be posted on www.googlybands.com on July 26, and the Grand Prize winner will be posted on September 1, 2010.

Sponsor:

Imperial Toy LLC 16641 Roscoe Pl North Hills, CA 91343