FREE PARTICIPATION. NO PURCHASE IS NECESSARY TO ENTER OR WIN. THIS IS A CONTEST OF SKILL AND CHANCES OF WINNING DEPEND SOLELY ON THE QUALITY OF THE ENTRANT’S ONLINE ENTRY. BY PARTICIPATING IN THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT BETWEEN YOU AND THE SPONSOR SO READ THEM CAREFULLY BEFORE ENTERING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Information on how to enter and prizes form part of these official rules (‘Official Rules’).
1. Contest Dates.
Dare to Dream Design Awards International Design Competition (‘The Contest’) begins AUGUST 1st, 2014 at 9:00:00 a.m. GMT and qualifying Submissions must be received on designboom.com (‘the Contest Website’) by October 6th, 2014, 11:59:00 p.m. GMT. The dates are subject to extension, in the Sponsor’s sole and absolute discretion.
2. Eligibility. Who may enter.
Dare to Dream Design Awards International Design Competition (The Contest) is open to professionals, students and design enthusiasts from every country in the world (“Entrant” or “Entrants”) and only to individuals who have reached the age of majority in their jurisdiction of residence at the time of entry. Minors and individuals who have no or only limited legal capacity may not participate. Employees of Melco Crown Entertainment (‘Sponsor’), designboom srl (‘Producer’) and each of their respective parents, affiliates, subsidiaries, advertising and promotion agencies, distributors (collectively, the ‘Contest Entities’), and each of such employees’, immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter the Contest or win a prize.
3. How To Enter.
Prior to submitting entries, each Entrant will be asked to fill in and submit an official registration form which requests from the Entrant, among other things, his/her full name, home address, e-mail address, the field of activity of the Entrant’s current profession or business (related to or connected with the creative arts community).
During registration the Entrants will select a password for log-in (hereinafter referred to as ‘Access Data’) to submit their entry(ies) to the Contest (collectively, the ‘Submission’). The applicant is obligated to keep his/her Access Data secret and prevent unauthorized use by third-parties.
For the purpose of this contest, the Submission must follow the technical, creative, and legal requirements disclosed on the Contest Website (which requirements are herein incorporated by reference) and in these Official Rules, including, without limitation, the Content Guidelines (defined below). All entries that are late, illegible, incomplete, or otherwise not in compliance with these Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion.
For purposes of this Contest, an online entry is ‘received’ when the Contest Website’s servers record the entry information. Proof of sending that reads ‘successfully published’ is an automated computer receipt confirming entry and does not constitute proof of actual receipt of an entry for purposes of this Contest.
In the event of a dispute as to the identity of any Entrant who submits an entry, the entry will be deemed submitted by the holder of the e-mail from which it was sent but only if such person is otherwise eligible. The ‘account holder’ is the person assigned an e-mail address or username by the entity responsible for assigning it (e.g., Yahoo).
Sponsor, Producer and affiliated entities are not responsible for lost, misdirected, misplaced, tampered with, deleted, or invalid entries.
4. Submission Content Guidelines.
There is no limit on the number of entries per person.
To merit consideration as a Qualified Entry, the Work must meet all of the following criteria (the ‘Entry Requirements’):
a. The work must illustrate the theme of KIMONO.
b. The Work must be submitted to the Contest section found on the Contest Site. Images and text must be in digital format. Entries will NOT be accepted via physical delivery.
c. The Work may be produced in any medium but must be submitted to the Contest section as low res JPEG (or JPG) format, GIF format and FLV format for video files; All digital files must be 200 KB or smaller, and must be of exact width of 818 pixels / 72 dpi, RGB color mode. Videos must be submitted to the Contest section as a Vimeo or YouTube URL link of the original video file.
d. the submitted Work must not be offensive, defamatory, harmful, vulgar, excessively violent, racially, ethnically or otherwise objectionable; or infringe the intellectual property rights of others. Entrant shall take full responsibility for the contents of his/her own design work and shall keep DESIGNBOOM and MELCO CROWN ENTERTAINMENT harmless from any claims by third parties against DESIGNBOOM and/or MELCO CROWN ENTERTAINMENT for any problems or issues associated with his/ her design work and shall indemnify and compensate DESIGNBOOM and MELCO CROWN ENTERTAINMENT in respect of all losses, damages, charges and expenses incurred or suffered by DESIGNBOOM and/or MELCO CROWN ENTERTAINMENT as a result of such problems or issues.
e. Except for materials that are in the public domain, each Submission, in its entirety, must be a single work of original material created by the Entrant, or for which the Entrant has all rights required to comply with these Official Rules, and suitable for presentation in a public forum. By entering the Contest, Entrant represents, acknowledges, and warrants that the submitted work is an original work created solely by the Entrant, that the work does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the work. The Work must not violate or encourage others to violate any applicable law, statute, ordinance or regulation. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Submission. Entries that contain brand names, trademarks or company logos are subject to disqualification.
f. The Work must not involve physical harm to any person or animal;
g. Submissions may only include original music created and performed solely by Entrant (i.e., songs must be composed, lyrics written and performed by Entrant). Submissions that include any other songs or recordings are inappropriate and will be subject to disqualification.
h. The Work may not use any watermarks or artist signatures;
i. It is important that you keep your design(s) confidential until the results of the competition are published. Until the winners of the KIMONO – Dare to Dream Awards International Design Competition are announced, Entrants may not submit their Dare to Dream Design Awards International Design Competition Entry Work in any other Design Contest. In the case that the Work has been created before the competition and has been made public, the entrant must include this information in the description of the Work as part of their submission.
k. The Work and Submission must not contain any viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code or content that may harm or compromise the Contest Site and/or the proper conduct of the Contest.
5. Intellectual Property and License.
All works submitted will remain the exclusive property of the Entrant.
by submitting work(s) to the competition, the Entrant agrees to provide MELCO CROWN ENTERTAINMENT with the right of first refusal to the exclusive use of the work for commercial purposes. This option is valid for 6-months after the end of the competition. In the case that MELCO CROWN ENTERTAINMENT exercises the option to use the rights for commercial use (including production) on an exclusive basis and for an unlimited period, MELCO CROWN ENTERTAINMENT will make a private agreement with the Entrant for the transfer of intellectual property rights.
DESIGNBOOM and MELCO CROWN ENTERTAINMENT will have the right to use all of the works submitted as part of the competition, and all images and video depicted therein, for any promotion or marketing campaign of either DESIGNBOOM or MELCO CROWN ENTERTAINMENT, including but not limited to advertisement and press releases under the condition that the Entrants will be informed in advance for public usage of their work and their names will be published and associated with their own design works. By submitting a work, the Entrant grants each of DESIGNBOOM and MELCO CROWN ENTERTAINMENT the non-exclusive, unlimited, royalty-free, rights to publish in all media now known or hereafter discovered, and publicly display all work for an unlimited period, and worldwide on the above conditions.
Entrant shall agree to participate in the related events of Dare to Dream Design Awards which DESIGNBOOM and MELCO CROWN ENTERTAINMENT may deem suitable and/or necessary.
The right of use extends to all affiliates of MELCO CROWN ENTERTAINMENT and includes all currently known and future methods of use and media.
All Entrants authorize DESIGNBOOM and MELCO CROWN ENTERTAINMENT to publish and exhibit all the designs (including project data submitted, and any visuals and video), without any compensation, at exhibitions and events and/or use them in any publications and communications that DESIGNBOOM and MELCO CROWN ENTERTAINMENT may deem suitable and/or necessary.
MELCO CROWN ENTERTAINMENT will have the right to apply minor amendments without damaging the integrity of the work – e.g. adding the MELCO CROWN ENTERTAINMENT logo and text, reframing, translating, changing colors, cutting the background or parts of it, slightly editing the video etc…
In case DESIGNBOOM and MELCO CROWN ENTERTAINMENT want to bring major changes to the submitted work for publication, DESIGNBOOM and MELCO CROWN ENTERTAINMENT will contact the Entrant(s) and inform him/her about the use to obtain the Entrant(s)’s consent.
Each Entrant, by participating in the Contest, except where legally prohibited, grants permission for the Contest Entities and their designees to use his/her name and prize information for advertising, public relations and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, for an unlimited period, without notice or review or approval.
Entrants agree that Sponsor and Producer shall have the sole discretion in determining the extent and manner of non-commercial use of Submissions and are not obligated to use any Submission. Each Entrant acknowledges that other Entrants may have created plans and concepts contained in their Submission that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities.
By submitting the Work to the Contest the Entrant agrees to provide Sponsor with the right of first refusal to the exclusive use of the Work for commercial purposes. This option is valid for 6 months after the end of the competition. In the event that the Sponsor exercises the option to use the rights for commercial use (incl. production) on exclusive basis and for an unlimited period, the Sponsor will make private agreement with the Entrant for the transfer of intellectual property rights.
In the case that the sponsor decides to purchase the results of an entrant for further use, the entrant is committed to transfer to the sponsor and all companies related to it the exclusive time, space and content rights of use and editing rights based on the economic benefits and forms of payment.
Agreement of a reasonable compensation, related to the scope of use and remuneration per element, which will be used upon completion of the purchase of the right to use.
The specific alternatives and the amount of remuneration are to be negotiated and agreed upon after the contest between the entrant and the sponsor.
As far as the designs are protected as registered designs and/or designs, the entrant agrees that the sponsor may register these as owner of the rights. The sponsor bears the costs of the registration procedure. The same applies to the costs incurred by cases brought at the request of the sponsor regarding proceedings against violators of utility model or design rights and copyrights.
This assignment of rights also includes the right of the sponsor and the Group companies for processing, i.e., to adapt the results to technical, security-related or economic requirements.
The legal protection against distortion remains unaffected.
Entrants are always required to coordinate each publication (affiliated with Melco Crown Entertainment) with the sponsor. Any use of the trademarks of the sponsor, for example, as a reference, is subject to the prior consultation and approval by the sponsor.
(The Entrant acknowledges that any disclosure to third parties of confidential ideas included in the Work may jeopardize the possibilities for registering the intellectual property rights to the Work. In the event that the Entrant has disclosed any such confidential information to third parties before submitting the Work, the applicant undertakes to inform Melco Crown Entertainment immediately of the nature and extent of any such disclosure).
6. Representations, Warranties and Indemnity.
Each Entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants further represent and warrant that their Submission and all materials and matter therein: (1) (except for elements that are within the public domain) are wholly original with such Entrant and are not a copy or imitation of any other material; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her Submission to any other third party. Further, each Entrant represents and warrants that Sponsor’s use of any Submission shall not violate an agreement to which such Entrant has signed. Entrants agree to indemnify and hold the Released Parties (defined below) harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules or Contest activities.
7. Determining the Finalists and Notification.
During the Judging Procedure the Submissions will be reviewed by a team of judges (‘Judges’) assembled by Sponsor and Producer, who will review and judge the eligible Submissions based on the following judging criteria (collectively, the ‘Judging Criteria’):
Eligible Submissions will be judged by independent qualified representatives selected by Sponsor in its sole discretion.
The shortlist and the Finalists will be selected on the basis of a design which is based on the originality and the creativity to bring kimono to every aspect of modern life, and how well it responds to the brief.
Judging of the Winners and Finalists will be based on each of the Judging Criteria in whatever proportion the judges may determine in their discretion. Decisions of the judges are final and binding.
Finalists will be chosen on/or around October 13th, 2014 11am (Italy) , 6pm (Japan), and Prize Winners will be chosen on/or around October 21-24th , 2014, and notified by email, unless extended by Sponsor.
For competitive reasons, the sponsor reserves the right not to publish or to determine the timing for the publication itself. Competitors are always required to coordinate each publication (affiliated with Melco Crown Entertainment) with the sponsor.
Entrant will not disclose, nor will it permit any third party to disclose, the identity of Melco Crown Entertainment or any Melco Crown Entertainment Group Member as a customer of Entrant without the prior written consent of Melco Crown Entertainment (acting in its absolute discretion).
Entrant will not refer to itself as a supplier of a Melco Crown Entertainment Group Member in the context of its recruitment of staff or it’s pitching for new client business without obtaining the prior consent of Melco Crown Entertainment.
Entrant will not use any Melco Crown Entertainment Group Member trade mark, trade name, device, symbol or any abbreviation, contraction or simulation unless expressly authorized to do so in the context of a Service Description.
Entrants will not represent, directly or indirectly, that any product or service provided by Entrant has been approved or endorsed by Melco Crown Entertainment.
The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. If the Sponsor is unable to contact a Finalist or a Finalist is not in compliance with these Official Rules, the prize will be forfeited and, at Sponsor’s discretion, an alternate winner selected. Non-compliance shall result in disqualification and award of the prize to an alternate winner. If any potential Finalist is found to be ineligible, or declines the prize for any reason prior to award, such potential Finalist may be disqualified and an alternate potential winner may be selected. The Contest Entities are not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify a potential Finalist.