Please read these rules before entering the Lulan Artisans Textile Competition of 2009 (“Competition”). By submitting an entry, you acknowledge that you have read and agree to be bound by these Official Rules and the decisions of Lulan, LLC (“Sponsor”), and that you satisfy all eligibility requirements. This Competition is intended to produce designs that will be included in Lulan Artisans 2010 textile collection, as well as populate a database of Creative Commons designs that weaving cooperatives around the world can use to increase their ability to make a sustainable living and be less at risk of poverty. As set forth in detail below, the prize is the sole payment that each winner shall receive from Sponsor and each winner must agree to transfer all right, title and interest in their entry to Sponsor in exchange for receiving any prize from Sponsor. No further royalties of any kind shall be owed to any winner. If this is unacceptable to you, then do not enter this Competition.
1.Eligibility. Open to entrants 18 years or older. Not open to employees or independent contractors, or immediate family members (spouses, parents, grandparents, siblings, children, and grandchildren) and/or those living in the same household of employees or independent contractors of Sponsor, its respective parents, subsidiaries, affiliates, advisors, or advertising/promotion agencies. To enter, you must submit an original textile design as more fully described below.
2.How to Enter. Competition submission period begins 11:59 p.m. on June 1, 2009 (U.S. Eastern Standard Time) and ends on 11:59 p.m. (U.S. Eastern Standard Time) on October May 31, 2010. To enter, go to www.lulan.com to register. Once registered, follow the instructions on the entry form and upload a full/complete version of your design (“Design”). Lulan, LLC and judges will NOT accept or review Entries sent through the mail. All designs must (a) be the original creation of entrant; (b) be in digital format in .jpg format; and (c) not have been previously sold or distributed through any retail or paid distribution channel. All Entries determined by Sponsor in its sole discretion to meet the foregoing requirements will be deemed qualifying Entries. Sponsor is not responsible for (i) lost, misdirected, late, incomplete, illegible, or unintelligible Entries or for inaccurate entry information, whether caused by participant or by any of the equipment or programming associated with or utilized in the Competition, or by any technical or human error that may occur in the processing of Entries; or (ii) any printing, production, human or typographical errors in any materials associated with the Competition. There are no entry limits. Sponsor reserve the right in its sole and unfettered discretion to disqualify at any time any Entry containing inappropriate content or subject matter (as determined by Sponsor in its sole discretion).
3.Conditions of Entry. All Entries must be the original creation of the entrant. By submitting an Entry, each entrant represents and warrants that his/her design is his/her original creation; has not been copied in whole or in part from any other work; does not violate or infringe any copyright, trademark, privacy or publicity right, or other proprietary or intellectual property right of any person or entity; is not obscene or otherwise illegal; and is the sole and exclusive property of the entrant. Each entrant further represents and warrants that he/she has complete, worldwide distribution rights for his/her design. Sponsor may disqualify any entrant whose Entry Sponsor deems, in its sole discretion, at any time not to comply with the foregoing representations and warranties. By submitting an Entry, each entrant grants Sponsor and its respective affiliates and agents permission to use the entry for any purpose in connection with this Competition, without compensation to entrant.
4.Judging Entries. All entries will be judged based on the following criteria, each of which will be equally weighted: aesthetics, innovation, contemporary fit with Lulan design sensibility, durability, functionality and marketability (“Judging Criteria”). Sponsor plans to select three winning entries, but Sponsor reserves the right to select less winners should entries not meet the judging criteria or more winners should the judges in their sole discretion decide that more than three entries meet the criteria and needs of Sponsor’s 2010 textile collection.
On or about January 20, In July 2010, Sponsor will begin notifying selected winners by phone and email. The winners will be announced on www.lulan.com on or before February 15, 2009 in September 2010.
5.Prizes. The following prizes will be awarded:
Sponsor will select three winning entries. Each winner will receive a prize of U.S. $1,500. (Total ARV: U.S. $4,500). Winners are responsible for paying all costs and expenses related to the prizes that are not specifically mentioned, including, but not limited to, any taxes that may be owed. The prize is the sole payment that the winner shall receive from Sponsor and each winner must agree to transfer all right, title and interest in their entry to Sponsor in exchange for receiving the prize. No further royalties of any kind shall be owed to any winner.
6.Conditions of Participation. Sponsor will notify selected winners by e-mail and/or phone starting on or about July 20,2010. Each selected winner will be required to sign and return an Affidavit of Eligibility, Transfer of Rights and Release (“Affidavit, Transfer and Release”) by August 6, 2010. If documentation is not returned by the specified dates, Sponsor may, at its election, select an alternate winner. Prior to awarding a prize, Sponsor may, in its sole discretion, require any potential winner to sign such additional documents Sponsor deems necessary to confirm eligibility, to obtain a liability/publicity release, and to award any prize.
7.Additional Terms. To the maximum extent permitted by law, Sponsor reserves the right, in its sole discretion, to change these rules or cancel the Competition at any time, or to modify, terminate, or suspend the Competition should viruses, worms, bugs, unauthorized human intervention, or other causes beyond Sponsor’s control corrupt or impair the administration, security, fairness, or proper play of the Competition or submission of Entries. Sponsor is not responsible for any human or other error that may occur in the processing of the Entries, nor are they responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction, or unauthorized access to, or alteration of, Entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the Internet or at any Web site. Sponsor is not responsible for injury or damage to any entrant’s or any other computer resulting from downloading any materials in connection with the Competition. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Competition or Web site; to be acting in violation of these rules; or to be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS RESPECTIVE AFFILIATES RESERVE THE RIGHT TO SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8.Miscellaneous. The Competition and all accompanying materials are copyright © 2009 by Lulan, LLC. All rights reserved. By entering, entrants agree to be bound by these rules. No transfer, assignment, cash redemption or substitution of prizes is permitted except by Sponsor or as specified herein because of prize availability and then with prizes of equal or greater value. Entrants agree (for themselves and their heirs) that Sponsor and its respective affiliates, and all Sponsor-Related Persons, will have no liability, and will be held harmless by such entrants to the maximum extent permitted by law for any liability, loss, injury, or damage to property or to person, including death, and reasonable attorney’s fees and court costs, due in whole or in part, directly or indirectly, by reason of participation in the Competition, or by reason of the acceptance, possession, use or misuse of the prizes, even if caused or contributed to by the negligence of Sponsor, any of its respective affiliates, or any such Sponsor-Related Person. Competition is governed by the laws of the United States. As a condition of participating in this Competition, Entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Competition, shall be resolved individually, without resort to any form of class action, exclusively before a court located in San Francisco, CA having jurisdiction. Further, in any such dispute, under no circumstances will Entrants be permitted to obtain awards for, and hereby waive all rights to claim, punitive, incidental or consequential damages, including attorneys' fees, other than Entrant’s actual out-of-pocket expenses (e.g. costs associated with entering), and Entrant further waives all rights to have damages multiplied or increased. Competition is void where prohibited by law. Entrants agree that the decisions of Sponsor related to the Competition are final. By participating in the Competition, entrants consent to the use of their names, photographs, and/or likenesses in any manner and in any medium for promotional purposes, including worldwide, without additional compensation, except where prohibited by law.
9.Winners’ List. For a list of winners, send an e-mail request to info@lulan.com. Requests must be received by September 30, 2010.
10.Sponsor. Lulan, LLC, 469 King Street Charleston, SC 29403.
