PARTYCITY | DRESS TO THRILL - DESIGN A COSTUME PHOTO CONTEST!

Dress To Thrill Design a Halloween Costume Photo Contest

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. All photo entries and voting available only at http://www.partycity.com

Eligibility: Party City Dress To Thrill Design a Halloween Costume Photo Contest (the "Contest or Promotion") is open only to legal residents of the United States (excluding Puerto Rico, U.S. Virgin Islands and Guam) who are fourteen (14) years of age or older at the time of entry and who enter at partycity.com (“Website”). Sponsor: Amscan Holdings, Incorporated D/B/A Party City (the “Sponsor”). Administrators: COHEN-FRIEDBERG ASSOCIATES, LLC (“CFA”) Framingham, MA 01702 (“Administrators”). Employees, officers, and directors (including immediate family members as defined by the IRS) of Sponsor, Administrators and each of their affiliated companies, subsidiaries, franchisees, licensees, distributors, dealers, retailers, printers, individuals engaged in the development, production or distribution of materials, their advertising and promotion agencies, and any and all other companies associated with the promotion agents (collectively, the "Promotion Entities") are not eligible to participate. All eligibility is subject to federal, state, provincial, and local laws and regulations. All photo entries submitted become the property of the Sponsor and will not be returned or acknowledged.

How to Enter: Contest begins on Monday, September 28, 2009 at 12:01 a.m. Eastern Time (“ET”) and ends on Friday, October 23, 2009 at 11:59 p.m. ET (“Entry Period”). During the Promotion Period, Entrants may submit an original photo depicting Entrant’s original Halloween costume. The Photo must contain one original costume design only. Photos may be in black and white or in color. Each photo will be marked with a photo reference number for future viewing and identification. All entries are subject to verification by the Sponsor. Entries that contain photos that do not meet the photo specifications or otherwise do not comply with the Official Rules herein may be automatically disqualified. Any attempted form of entry other than as described herein is void. Sponsor will determine in it sole discretion what constitutes a valid entry Limit: There is no limit to the number of original Halloween costume photo entries an Entrant may make.

Entry Notes: Once a participant registers and uploads a photo, there will be no access to the original registration information and such participant will be unable to make any edits or changes. All photos must be entered by the original costume designer only and be original photos created by the entrant. By entering, Entrant warrants that such entries are his or her own original Halloween costume design and not the works of other designers. Only photographs of your Halloween costume design are allowed in this Contest. ALL PHOTOS WILL BE PREVIEWED BY THE ADMINISTRATORS, COHEN-FRIEDBERG ASSOCIATES, WHOSE DECISIONS ARE FINAL AND LEGALLY BINDING AS THEY PERTAIN TO THIS CONTEST. The Administrators will prescreen each photo prior to posting it to the voting site gallery in order to ensure that no photo is obscene, pornographic, violent, offensive in any manner, or in any other way not suitable to be published (as determined solely by the Administrators). Eligible entrants agree that the inability to publish a photo, or the obscenity, fraudulent nature or invalidity of the registration information (as determined by Sponsor or the Administrators, at their sole discretion) will render the corresponding entry void.

How to Vote: The Party City Dress To Thrill Design a Halloween Costume Photo Contest public voting begins on Monday, September 28, 2009 at 12:01 a.m. Eastern Time (“ET”) and ends on Friday, October 23, 2009 at 11:59 p.m. ET (”Voting Period”). The photo that accumulates the most votes over the Voting Period will become the Grand Prize winner (pending verification). In case of a tie, the Sponsor at its sole discretion will determine the Winner. The general viewing public is instructed by the Sponsor to determine their vote(s) based on the following equally weighted criteria: 1) Costumes Halloween appeal 2) Suitability for manufacturing and in keeping with the Party City business 3) Costumes overall general appearance. The odds of winning depend on the number of votes a photo receives. LIMIT: One visit and up to five (5) votes per visit per person or email address per day over the Voting Period. Participants must cast up to five (5) votes on one visit. If the voting is interrupted by a visit to another section (non-voting pages) of the promotion prior to completing the voting process, the participant will not be allowed to reenter the voting pages until the next calendar day. Any mass entries or entries generated by a script, macro or automated devices will be disqualified.

Sponsor reserves the right to cancel or modify the Contest at any time, including without limitation, if fraud or technical failures destroy the integrity of the Contest, as determined by the Sponsor, in its sole discretion, and to award the prize based on eligible entries received prior to the cancellation.

Grand Prize Announcement: The Grand Prize Winner will be announced on October 24, 2009. Only the following number of prizes will be awarded in this Contest:

One (1) Grand Prize: The winning costume design will be manufactured by Party City for the 2010 Halloween selling period and will be available for sale at participating Party City retail stores (while supplies last).

Terms & Conditions:

Winner grants the Sponsor and their agents the right to record, copy, publish, use, edit, exhibit, distribute, perform, manufacture, merchandise, license, sublicense, adapt and/or modify such winning Halloween costume design in any way, in any and all manufacturing and media, without limitation and without any compensation to the Winner. Submission of an entry further constitutes the Winner’s consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the entry, including, without limitation, all copyrights.

The finished Halloween costume that will be sold at Party city will be identified as being designed by the winner.

Approximate retail value: $1.

Grand Prize Notes:

Winner acknowledges that Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.

By entering, participants release and hold the Sponsor and Promotion Entities harmless from and against any and all liability, losses, damages or injuries of any kind resulting from participation in the Contest or any Contest related activity, prize taxes, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize. Each entrant waives the right to assert, as a cost of winning a prize, any and all costs of redemption or travel to redeem said prize. The Sponsor or Promotion Entities will not replace any lost or stolen prize items once in the Winner's possession. Acceptance of prize constitutes permission (except where prohibited by law) to use each winner's name, hometown, photograph, voice, and prize won for purposes of advertising, promotion and publicity without additional compensation. Sponsor reserves the right to disqualify any entrant Winner, if the Winner demonstrates any kind of inappropriate behavior. Entrants agree to abide by these official rules and the Administrators' decisions, which are final and legally binding as it may pertain to this Contest.

Conduct: Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry or voting process or the operation of the Contest or the web site or to be acting in violation of the Official Rules. Sponsor reserves the right to lock out an entrant whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY SPONSOR WEB SITE, ADMINISTRATORS SITE OR ANY THIRD PARTY WEB SITE OR UNDERMIND THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND/OR OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

NOTICE TO ONLINE ENTRANTS: Sponsor is not responsible for problems related to downloading or uploading any Contest-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in this Contest. If applicable, mass entries or entries generated by a script, macro or use of automated devices will be disqualified. Sponsor reserves the right to modify, suspend or terminate the electronic portion of the Contest in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Contest in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Contest. If this is the case, winners will be selected from among all entries received prior to cancellation. In the event of a dispute regarding the identity of the person submitting an online entry, the entry will be deemed to be submitted by the holder of the e-mail account.

SEVERABILITY and HEADINGS: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official rules or any provision hereof.

DISPUTES AND GOVERNING LAW: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in the state of New Jersey and 2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

CONSTRUCTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Contest Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey to apply. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

Disclaimer and Force Majeure: The Administrators, Sponsor, Promotion Entities, and their affiliated, parent, and subsidiary companies, their employees, agents and officers and all others associated with the development and execution of this Contest are not responsible for: (1) typographical errors in any materials relating to the Contest; (2) lost, misdirected, illegible, incomplete, or delayed entries or votes; (3) cancellations, postponements, or delays; (4) Acts of God, war, terrorism, government regulation, disaster, fire, strikes, civil disorder, or other similar causes beyond the control of the Sponsor, Promotion Entities, or Administrators and their affiliated, parent, and subsidiary companies and its immediate assigns, making it inadvisable, illegal, impossible, or impractical to continue the Contest or to perform under these Rules. Sponsor makes no warranty, guarantee, or representation of any kind concerning any prize; Sponsor specifically DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY OTHER IMPLIED WARRANTY.

SPONSOR: Amscan Holdings, Inc. D/B/A/ Party City 25 Green Pond Rd. Rockaway, NJ 07866

Produced and Administered by: COHEN-FRIEDBERG ASSOCIATES, LLC (“CFA”) Framingham, MA
The conduct of this promotion is under the administration of COHEN-FRIEDBERG ASSOCIATES, LLC and the awarding of all prizes is the obligation of the Sponsor.