Lulan and Dwell “Material Change” Competition Official Rules
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Sponsors:Dwell Media, LLC (“Dwell”), 550 Kearny Street, Suite 710, San Francisco, CA 94108 and Lulan Artisans (“Lulan”), 255 Steiner Street, #401, San Francisco, CA 94117.
2. Eligibility:Any individual who enters the Competition must be at least the age of legal majority in the jurisdiction where they reside. The Competition is subject to all applicable federal, state and local laws and regulations, and is void where prohibited by law. Employees of Sponsors and their immediate families (spouse, parent, sibling, child, and spouse of any of the foregoing) and those living in their immediate households, whether or not related, are not eligible to enter the Competition or to win the prize.
3. Competition Challenge:Submit an original and innovative textile design using traditional weaving techniques and construction methods. Ideal designs are structural weaves, Ikat designs or block-print designs which focus on either embroidery or supplementary weft along with a description of how the design is envisioned using color, medium and textile weight. Lulan Artisans will produce the winning design and the winner will be credited for the design as well as receive all royalties associated.
4. Competition Entry Period:The Competition Entry Period is from June 22, 2012 to August 24, 2012 (the “Entry Period”). Sponsors are the official time keeper for this Competition. Entries received before or after the Entry Period will not be considered unless an early entry is resubmitted during the Entry Period.
5. How to Enter:To enter, go to dwell.com/contests/material-change/ during the Entry Period and follow the instructions to submit entry information. A complete entry consists of the following: (A) a completed entry form available at dwell.com/contests/material-change/; and (B) 1 original textile design in PDF format (C) a short essay explaining the design (together, the "Submission"). Each entrant may submit unlimited, distinctly unique entries. All Submissions must be submitted via dwell.com/contests/material-change/. Mailed or hard copy Submissions will not be accepted. Incomplete Submissions will be void. Submissions must be received by Dwell during the Entry Period to be considered. Proof of entry will not be deemed to be proof of receipt by Sponsors.
6. Design Considerations:The winning design will be added to Lulan’s collection and will be made either of silk, organic cotton and/or linen.
7. Rights Definition:As used in these Official Rules, the term “Rights” shall mean rights of copyright, patent rights, trademark and service mark rights, publicity rights, trade secret rights, character rights, rights in routines, trade dress rights, and all other proprietary rights of any kind whatsoever, together with any and all applications, registrations, renewal and extension rights, and rights to sue for any past, present, or future infringement or violation.
8. Originality of Submissions:Each entrant must have all Rights in and to his or her Submission as of the time of entry in the Competition. By entering a Submission each entrant represents and warrants that: (A) the entrant is the exclusive owner of the Rights related to the Submission to: (i) enter such Submission in this Competition; and (ii) to grant to Sponsors all rights necessary to use the Submission in the Competition and as provided in these Rules; and (B) no other person or entity, is entitled to any payment for the use of the Submission. Each entrant agrees to indemnify and hold harmless the Sponsors from and against all claims or damages arising out of the use of such entrant’s Submission. Sponsors reserve the right to void and/or disqualify any Submission if found in Sponsors’ sole discretion to be inconsistent with the above representations and warranties, plagiarized, copied, or fraudulent, to infringe upon existing Rights of others, or to be incomplete, damaged, obscene, vulgar, offensive or otherwise unsuitable for any reason. No Submission may violate the privacy rights of any person (living or deceased) or entity.
9. Sponsors' Use and Control Over Submissions:You hereby grant Sponsors the right to copy, display, publish and otherwise use your Submission for marketing and promotional purposes related to the Competition. By entering a Submissions, each entrant hereby irrevocably grants the foregoing rights to Sponsors and agrees to the compensation and acknowledgment that is set forth in these Rules. Rights of reproduction apply only to winning submission. Sponsors shall have no obligation to make attribution with respect to the Submission, retain any of the Submissions, or maintain any information or ideas contained therein as confidential or proprietary. Each Submission must be in good taste and consistent with Sponsors’ positive image and may not be offensive or inappropriate, as determined by Sponsors in their sole discretion. The Sponsors may, in their sole discretion, and without providing notice to or receiving consent from an entrant, modify, change, adapt, or otherwise alter a Submission to meet the requirements of publication. The rights granted under this paragraph are without compensation or notification to the entrant of any kind, except as required by law, and shall extend to all Submissions regardless of whether they are created by the entrant or another person or entity.
10. Right to Use Name, Likeness, and Other Identifying Information:By entering a Submission, each entrant hereby irrevocably consents to the display, performance, and other use by Sponsors and their respective successors and assigns of his/her name; image; likeness; voice; biographical information; statements and quotes; stories and anecdotes provided; all of his/her other personal or commercial attributes or identifying features (any or all of the foregoing, “Likeness”) for any purposes related to this Competition, and in any format or medium now existing or later developed. All entrants hereby waive any and all rights of publicity and rights of privacy associated with the Sponsors’ use of a Likeness. Entrants shall have no right of notice or approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of a Likeness.
11. Judging, Selection of Finalists and Voting Period:By Friday, September 7, a panel of select judges will determine the top five Submissions (“Finalists”). Sponsors’ decisions in selecting the top 5 Finalists and in all matters relating to the Competition are final and binding. The five Finalists will be announced on Dwell.com on Friday, September 7, 2012. From Friday, September 7, 2012 to Friday September 28, 2012 (“Voting Period”), the final winner will be determined by the public through online voting at new.dwell.com/contests/material-change/.
12. Winner Selection:Winner will be selected from the top 5 Finalists and announced on Dwell.com on Monday, October 9. The winner selected by the general public will receive the grand prize as described in paragraph 13. The potential winner will be notified by Dwell via e-mail and telephone between approximately October 1 and October 5, 2012. If the potential winner chooses not to accept the prize, or does not respond to three separate attempts by Dwell to reach them, the judges will select an alternative potential winner from among the Finalists. Sponsors are not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the potential winner. The winner will be formally announced on Dwell.com on October 9, 2012 and in Dwell’s October issue on sale September 11, 2012.
13. Prize:The winning design will be produced and sold by Lulan Artisans. The winning designer will receive royalties associated with all sales of their design. The terms of production and royalty fees will be outlined in a "Design Services Agreement" provided by Lulan Artisans. The approximate royalty fee will be 5% of the price the textile is sold depending on the market (example: wholesale versus retail). As a condition of winning, the grand prize winner will be required to work with Lulan Artisans through the fabrication process to ensure that their design meets the standard of production. The winning design and designer will also receive publicity and recognition associated with winning the competition by both Dwell and Lulan Artisans.
14. Taxes and Documentation:All federal, state, and local taxes on the monetary value of the prize are the sole responsibility of the winner.
15. General Conditions:By participating in the Competition, entrants agree to abide by the terms of these Official Rules and by the decisions of the Sponsors and the Judges, which will be final and binding on all matters pertaining to this Competition. Should there be a dispute regarding who may have entered a Submission, that Submission will be deemed to have been made by the authorized holder of the e-mail account at the time the Submission was made. The authorized account holder is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. By participating in the Competition, entrants release, acquit, and forever discharge Sponsors (and Sponsors’ respective affiliates and subsidiaries) and their respective officers, directors, employees, agents, successors and assigns (collectively, the "Released Parties") from any and all manner of action or actions, suits, claims, damages, judgments, levies and executions, whether known or unknown, liquidated or unliquidated, fixed, contingent, direct or indirect, which an entrant and his or her successors and assigns ever had, has, or may have, or claim to have against the Released Parties, for, upon, or by reason of any matter, act, or thing relating to the Competition. The Sponsors may modify, suspend, or terminate the Competition at any time, and for any reason that they may determine in their sole discretion. Sponsors reserve the right in their sole discretion to disqualify any entrant, and remove such entrant's Submission from the Competition, who tampers with the entry process or the operation of the Competition or who acts in violation of these Official Rules. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
16. Additional Winner Conditions:Lulan reserves the right to make minor adjustments to the winning design (one grand prize winner) based on the necessary requirements of manufacturing the designs by Lulan Artisans. As a condition of winning, the grand prize winner will need to collaborate with Lulan, to ensure that their design is eligible for inclusion in the Lulan Collection and is viable for production.
17. Privacy Policies:In addition to the usage rights described in these Official Rules, by entering the Competition, entrants agree and consent that any information provided upon entering may be used by Sponsors in accordance with their respective Privacy Policies located at dwell.com/privacy.
18. Disputes/Choice of Law:Each entrant agrees that the Competition shall be governed by the laws of the State of California and: (1) any and all disputes, claims and causes of action arising out of or connected with the Competition shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"); and (4) each entrant hereby waives all rights to claim Special Damages. Under no circumstances shall Sponsors’ aggregate liability to any entrant of the Competition exceed One Dollar ($1.00).
19. Winner's List:To request the name of the Winner, send a self-addressed postage-stamped envelope to Dwell Media LLC, "Material Change”, attn Ralston O’Neill, 8 W. 36th Street, 5th Floor, New York, NY 10018. Requests must be received prior to December 31, 2013.