The Design Aotearoa Competition 2010 Terms and Conditions of entry
In submitting an entry to Design Aotearoa 2010 Competition (the “Competition”) you unreservedly agree to and accept all the Competition terms and conditions as detailed below (the “Terms and Conditions”).
1. Definitions
a) “Link” means Link Wholesale 2009 Limited, a company having its registered office in Blenheim, New Zealand.
b) “Disqualified Participants” are:
i) All directors, officers and employees of Link and or all employees of sponsors or advertising agencies involved with the Competition and their Immediate Families;
ii) All persons under the age of 18 years, unless their parent or legal guardian has given their prior written consent to the entry and the award of any prize in accordance with the Terms and Conditions.
c) “Immediate Families” includes spouses, civil union partners, de facto partners, parents, siblings, children, grandparents and grandchildren.
2. Entry
a) The Competition is open to all individuals (natural persons, but not companies), including all students, amateur designers, recently graduated or trained designers, emerging and amateur artists, or any member of the general public with an interest in design; provided that the Competition is not open to any Disqualified Participant.
b) Entries must be received by Link by midnight on midnight Saturday 31st July 2010. Entries received after the deadline or that fail to comply with the Terms and Conditions will be excluded.
c) Entries must comply with the entry format and design parameters set out below and include the entrant’s full name, address and details as required by Link.
d) Designs submitted must be for a silver/gold charm suited to the ‘Evolve’ charm bracelets manufactured and sold by Link.
e) Entries must be of designs that are distinctly New Zealand focused - reflecting our distinctive country and culture. The design elements and the story behind your designs must reflect some aspect of New Zealand culture, landscape, fauna or flora.
f) Entrants must name each design and submit a paragraph of no more than 200 words describing the entrant’s personal background and what inspired the entrant to create the designs submitted in the Competition.
g) Entries must be submitted in the following ways:
i) There is no maximum number of designs that can be submitted within an entry.
ii) Each entry must include hard copy 3D models of each submitted design. The design models can be in any material the entrant deems appropriate. However, the models must be made to scale so they can be interpreted by Link should the design be chosen for manufacture.
iii) Entrants’ personal details, design inspirations and personal stories that are required in accordance with the Terms and Conditions may be submitted in electronic or hard copy format.
iv) Entrants who submit part of their entry electronically must ensure the accompanying 3D models are received by Link prior to the Competition deadline.
h) The full risk and costs of entering the Competition (including but not limited to all transport costs, postal charges, courier charges, insurance costs and any other costs) shall be borne solely and fully by the entrants.
i) Proof of sending an entry is not proof of Link’s receipt of it, and Link accepts no liability or responsibility for any error, omission, deletion, defect, alteration of or unauthorised access to entries during the Competition as a result of causes outside its control.
j) Receipt of an entry by Link does not preclude an entrant from being subsequently disqualified and does not ensure participation of the entry in the Competition.
k) By entering the Competition, entrants warrant that all information supplied by them is true, current and complete. Each entrant warrants and undertakes:
i) each design submitted is an original work and is legally and beneficially owned by the entrant at the time of entry.
ii) no design infringes the intellectual properties rights of any other third party.
iii) he/she will not use any design in a manner that may disrupt or undermine the Competition.
l) Entrants expressly acknowledge and agree that Link may use and publish the entrants’ names, photographs, details, designs, personal stories and design inspirations that are submitted with entries, for the purpose of the Competition and all other promotional purposes contemplated under these Terms and Conditions, including but not limited to, publication on Link’s website (www.evolvenz.co.nz).
m) Entries submitted to Link will not be returned. Entrants are encouraged to retain copies of entries for his/her records.
n) Link reserves the right at its sole discretion to amend, vary, extend or discontinue the Competition at any stage for any reason.
3. Evaluation process
a) Link shall, in its sole, full and absolute discretion, organise, select and manage the judging process, which shall evaluate the designs submitted in entries which meet the requirements of the Terms and Conditions.
b) Each design submitted in an entry shall be judged individually.
c) Except for general enquiries, entrants must not attempt to directly or indirectly influence the outcome of the Competition. However, it is possible for Link to contact entrants to request any and all of the following:
i) any further information necessary for the proper assessment and judging of an entrant’s designs;
ii) a correction and re-submission of an entry where such application was not submitted properly;
iii) any further information or documents that Link in its sole discretion deems necessary.
d) The judges’ decision is final and no correspondence will be entered into. Nothing in the Terms and Conditions shall obligate Link to justify, reveal or explain its criteria, standards, processes, decisions or ultimate results at the end of the judging process.
4. Prizes
a) The entrant who submits the winning design will be awarded a prize of $1,000.00 cash (including GST, if any). The entrant who submits the runner-up design will be awarded a prize of $500.00 in cash (including GST, if any).
b) A further amount of $200.00 (including GST, if any) will be paid for each design that is chosen by Link to be manufactured for sale. For the avoidance of doubt, this amount shall be paid in addition to the cash prizes awarded to the winner and runner-up, if those designs are chosen by Link to be manufactured for sale.
c) The winner and runner-up shall be notified by email or mail once the judging process is completed. Results will also be posted on Link’s website.
d) All entrants whose designs are chosen by Link to be manufactured for sale shall be notified by email or mail.
e) Entrants take their prize and/or payment of $200.00 at their own risk. Such entrants are responsible for all tax or other costs that may be associated with the prizes and/or payments of $200.00.
f) In order to claim a prize or payment of $200.00, entrants must provide photo identification to Link. Such entrants hereby consent to being photographed with their designs. Such photographs of entrants and designs may be used for any purposes and through any channels deemed appropriate by Link.
5. General rights and obligations
a) Entrants acknowledge and agree that Link may broadcast or exhibit any and all designs in either hard or electronic format and grant Link, an exclusive, perpetual, transferable, royalty free right to use designs submitted to the Competition for the purposes of the Competition and manufacture and sale and other promotional purposes. Such broadcast may include any publication in any media or premises deemed appropriate by Link.
b) Entrants waive all moral rights and similar rights anywhere in the world in respect of all designs submitted in the Competition.
c) In consideration of Link receiving entrants’ designs in the Competition and evaluating them in accordance with the Terms and Conditions, all designs submitted in the Competition become the property of Link on the date after the Competition deadline.
d) All entrants hereby assign to Link, all right, title and interest in all intellectual property rights in and attaching to the designs submitted in the Competition. Entrants will execute all documents and otherwise do all things reasonably necessary to protect Link’s ownership of the intellectual property rights in the designs if requested by Link.
e) Winning a prize or having a design chosen for manufacture does not indicate or guarantee any ongoing relationship between Link and the entrants.
f) Entrants grant Link permission to keep the entrants’ designs, information and details for all purposes contemplated under these Terms and Conditions. Nothing in the Terms and Conditions shall require Link to return entries to entrants.
g) Personal details and information supplied for this Competition will be collected for the purpose of conducting this Competition and exercising the rights contained in the Terms and Conditions (the “Purpose”). Link may for the Purpose disclose this information to third parties and use this information in accordance with the Privacy Act 1993.
h) Nothing in this Agreement shall prevent Link (and any design specialist Link may retain) from altering, changing, reconfiguring, or adapting designs for advertising, promotion, marketing, sales and manufacturing purposes. Although Link may work with the respective entrants in making such changes, any change is at Link’s sole discretion and the entrants’ permission is not required.
i) All entries must comply with the Terms and Conditions and if a breach of the Terms and Conditions is discovered after winners have been chosen or a design is chosen for manufacture, the entrant who is in breach will lose all rights in the Competition and will, upon demand by Link, repay all prize money or other amounts received from Link.
j) Link does not accept any liability for any loss, harm or damage (including indirect or consequential loss) suffered or sustained in connection with the Competition or the prizes or amounts awarded in respect of it. All such liability is excluded to the maximum extent permitted by applicable law.
k) Link may at any time transfer or assign the benefit of any rights under the Terms and Conditions to any third party.
l) The Terms and Conditions are governed by the laws of New Zealand.
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