THE DWELL 2011 “METHODOLOGY” COMPETITION OFFICIAL RULES
No Purchase Necessary to Enter or Win.
The following are the official rules for the Dwell 2011 Methodology Competition (“Competition”). For more details at a glance click here:
1. Sponsor: The Competition is sponsored by Dwell Media LLC (“Dwell”), located at 550 Kearny Street, Suite 710, San Francisco, CA 94108.
2. Provider: Method Products, Inc. (“Method”) located at 637 Commercial Street, Suite 300, San Francisco, CA 94111 is a provider of promotional support and all prizing for the Competition.
3. Eligibility: Any individual who enters the Competition must be at least eighteen (18) years of age. The Competition is subject to all applicable federal, state and local laws and regulations, and is void where prohibited by law. Employees of Sponsor and Method 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.
4. Competition Challenge: Demonstrate the innovative ways you have re-purposed, reused, or up-cycled any Method bottle.
5. Entry Period (extended): The entry period for the Competition begins at 3 p.m. PST on Wednesday April 27, 2011 and ends at 11:59 p.m. PST on Thursday June 30, 2011 (“Entry Period”). Note, the entry period is now extended through Sunday July 24, 2011. Entries will be accepted on Dwell.com at dwell.com/contests/methodology-competition. Entries received before or after the extended Entry Period will not be considered.
6. How to Enter: To enter, go to dwell.com/contests/methodology-competition during the Entry Period and follow the instructions to submit entry information. A complete entry consists of all of the following: (1) a completed entry form available at dwell.com/contests/methodology-competition/submissions/new and (2) one photograph (submitted in .jpeg or .png format) of your entry (collectively, the “Submission”). Each entrant may submit more than one entry, up to a maximum of three entries. Each entry must be unique. All Submissions must be submitted via dwell.com/contests/methodology-competition. Mailed or hard copy Submissions will not be accepted. Incomplete Submissions and Submissions not in the specified formats 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 Sponsor.
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 to 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 Sponsor 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. A Submission must not have been, and may not be, entered in any other competition or previously published. Modifying, enhancing or altering a third party’s preexisting work does not qualify as an entrant’s original creation. Each entrant agrees to indemnify and hold harmless Sponsor from and against all claims or damages arising out of the use of such entrant’s Submission. Sponsor reserves the right to void and/or disqualify any Submission if it is found in Sponsor’s 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.
9. Sponsor’s Ownership of Submissions: Each Submission becomes the exclusive property of Sponsor, and the contents, concepts and ideas embodied therein may be used by Sponsor for commercial, marketing and other promotional purposes related to the Competition. By entering a Submission, each entrant hereby irrevocably grants a license to Sponsor to use, reproduce, display, and distribute such Submission and its contents, without expectation of compensation or acknowledgment (other than the prize, as set forth in these Official Rules).
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 Sponsor and its successors and assigns of his/her name; image; likeness; voice; Submission; biographical information; statements and quotes; stories and anecdotes provided; all of his/her other personal or commercial attributes or identifying features for any purposes related to this Competition. All entrants, winning and non-winning hereby waive any and all rights of publicity and rights of privacy associated with Sponsor’s use of a Likeness. Winning entrants shall have no right of 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. 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, all other materials submitted by entrant, and all other materials developed in connection with the Competition, regardless of whether they are developed by the entrant or another person or entity.
11. Sponsor’s Control over Submissions; Background Check: Each Submission must be in good taste and consistent with Sponsor’s and Method’s positive image and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion. No Submission may infringe or otherwise violate the Rights or privacy of any person (living or deceased) or entity. All entrants and Submissions are subject to verification by Sponsor. Sponsor reserves the right to conduct background checks on any or all entrants, which may include, without limitation, civil, criminal, employment, education, and financial background checks. Sponsor reserves the right to disqualify any entrant based on such background checks if Sponsor determines in its sole discretion that awarding a prize to any such entrant might reflect negatively on Sponsor or Method. Entrants will cooperate with Sponsor and its representatives in connection with any and all verification and background check activities, including, without limitation, signing and delivering background check authorizations.
12. Judging; Selection of Finalists (extended contest timeline/dates): Competition judges will consist of a panel appointed by Sponsor. Due to the extended Entry Period, Monday July 25, 2011 through Friday July 29, 2011, Sponsor’s editors will review Submissions and present a wide selection, based on the total number of entries, from which the judging panel will select ten (10) to twenty (20) finalists, using the following criteria, each weighted in equal percentages: (i) adherence to Competition requirements and rules (ii) originality and ingenuity of concept in re-purposing/reusing/up-cycling a Method bottle (iii) quality of idea (iv) functional application of the idea and (v) overall caliber of the Submission (together, the “Judging Criteria”). The Competition judges will determine the ten to twenty (10 to 20) Submissions receiving the highest total score (“Finalists”). Purchase of any product or service offered by Sponsor or Method will not improve chances of winning.
13. Voting Period (extended contest timeline/dates): The Submissions of the Finalists will be posted on Dwell.com at dwell.com/contests/methodology-competition and Internet users will cast votes for their favorite Finalist Submission now beginning at 3 p.m. PST on Saturday July 30, 2011 and ending at 11:59 p.m. PST on Tuesday August 9, 2011 (“Voting Period”). Voting will only take place over the Internet and will be hosted by Dwell.com. Votes received before or after the Voting Period will not be considered. Voting will be monitored via IP addresses and any Submission that receives in excess of 100 votes from one IP address will only be credited for 100 of those votes.
14. Winner Selection (extended contest timeline/dates): After the Voting Period has concluded, the Competition judges will select as the potential winner the Submission that receives the most lawful popular votes from the public. In the event of a tie, the tied Submissions will be evaluated against each other by the Competition judges based on the Judging Criteria until the tie is broken. The potential winner will be notified by Sponsor via e-mail and telephone, between Tuesday August 9, 2011 and Sunday Friday August 12, 2011. If any potential winner chooses not to accept the prize, or does not respond between August 9, 2011 and August 12, 2011 to three separate attempts by Sponsor to reach the potential winner, the Finalist receiving the next highest number of popular votes from the public will be selected as the new potential winner. In the event of a tie, the tied Submissions will be re-evaluated against each other by the Competition judges based on the Judging Criteria until the tie is broken. Sponsor and Provider are not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the potential winner. As a condition to being selected as the winner of the Competition, the potential winner will be required to execute a winner’s agreement (the “Winner’s Agreement”) within seven (7) days after being notified of their selection as a potential winner. The Winner’s Agreement will contain, among other things, an affidavit of eligibility, releases, provisions concerning the prize, the way in which the prize will be provided, a privacy waiver, and the winner’s assignment to Sponsor of all of the Rights related to any materials, items, or information developed in connection with the prize. The winner will be announced on Dwell.com no later than ten (10) days after the winner is selected.
15. Prize: In addition to the recognition and publicity that comes with being featured on dwell.com, the winner will receive from Method the following: a year’s worth of Method products with a retail value of $300.00 (laundry, 12 pieces; dish pump, 12 pieces; APC, 12 pieces; hand, 12 pieces).
16. Additional Prize Conditions: The prize is not transferable, assignable, or redeemable for cash. No cash redemption and no prize substitution is permitted, except by Method which reserves the right to change or replace the prize with a prize of comparable or greater value at any time.
17. Taxes and Documentation: All federal, state, and local taxes on the monetary value of the prize are the sole responsibility of the winner. If necessary, Sponsor will file a 1099 tax statement with the IRS. The winner will be required to sign a W-9 form and Winner’s Agreement; and failure to do so will result in forfeiture of the prize.
18. General Conditions: By participating in the Competition, entrants agree to abide by the terms of these Official Rules and by the decisions of Sponsor 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 Sponsor (and Sponsor’s affiliates and subsidiaries) and its 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. Sponsor may modify, suspend, or terminate the Competition at any time, and for any reason that they may determine in its sole discretion. Sponsor reserves the right in its 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, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
19. 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 Sponsor and Provider in accordance with their Privacy Policies located respectively at dwell.com/privacy and methodhome.com/privacy-policy.
20. 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 Sponsor’s aggregate liability to any entrant of the Competition exceed One Dollar ($1.00).
21. Winner’s List: To request the name of the winner, send a self-addressed postage-stamped envelope to Dwell Media LLC, "Dwell 2011 Methodology Competition”, attn Ralston O’Neill, 550 Kearny Street, Suite 710, San Francisco, CA 94108. Requests must be received prior to July 1, 2012.
