OPEN TO DESIGNERS AND CREATORS WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY AND ARE RESPONSIBLE FOR A BEAUTIFUL AND FUNCTIONAL PRODUCT THAT LAUNCHED IN THE LAST YEAR.
VOID IN PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW.
By entering the “BORN Series 2020” (Competition), each Creator (as defined below) agrees to be bound by these Competition Terms & Conditions (Terms), the website Terms & Conditions (Website Terms), any additional terms and conditions appearing on our website specific to any particular stage of the Competition (adopted by the Promoter in its absolute discretion), and the decisions of the BORN team, Jury, and Promoter in all matters relating to the Competition.
The Competition is open only to designers, architects, artists, and creators (collectively, Creators) who are eighteen (18) years of age or older at the time of entry and are responsible for a beautiful and functional product that launched in the last year (Product). Void in Puerto Rico and where prohibited or restricted by law. Officers, directors, contractors, representatives, agents, and employees of Promoter and any other entity involved in the development or administration of this Competition (Promoter, collectively with the foregoing, the Competition Parties) and members of their immediate families (i.e. spouses, parents, children, siblings, and “steps” of each) and all those persons living in the same household of each, whether or not related, are not eligible to enter or win the Competition. All applicable federal, state, and local laws and regulations apply.
Born Awards Limited (UK company number 10495658) is the Promoter (Promoter) of the Competition and is located at SOHO WORKS Shoreditch, The Tea Building, 56 Shoreditch High Street, London E1 6JJ.
1.3 Competition Duration
Online Applications for the Competition will run from midnight on 1st July 2019 (Opening Date) until midnight on 31st January 2020 (Closing Date). Promoter’s computer is the official time keeping device for the Competition.
1.4 Entry Process
(a) Creators must either have received and accepted a nomination from a Promoter representative or applied for the Competition via the online form at https://born.com/awards/signup. The Promoter reserves the right to reject any application that does not provide fully complete and accurate information.
(b) Unless expressly determined otherwise by the Promoter, each Creator may only submit one (1) Product. Only the first received Product will be valid if more than one entry is received from any Creator. All other entries will be voided.
(c) Compliance with the entry requirements will be determined by Promoter in its sole discretion. Submissions that violate, as determined by the Promoter, in its sole discretion, these entry requirements will be disqualified from the Competition.
1.5 Competition Process
(a) The Competition is comprised of 7 regional competitions in the USA, China, UK, Italy, France, Spain, and representatives from the rest of the world (Regions).
(b) The Competition is further comprised of 6 categories: Technology, Fashion, Home Product Design, Architecture Design, Sport + Leisure, and Retail Experience (Categories).
(c) Products will be judged according to the following criteria:
(d) Either the BORN team or a jury will judge each stage of the Competition (as further described below). The jury will consist of individuals chosen at the absolute and complete discretion of the Promoter (Jury). The Promoter reserves the right to change the members of the Jury in its absolute discretion, including at any stage of the Competition.
(e) The Competition will be completed over the following stages:
i Four nominees (Nominees) will be selected by the BORN team for each of the six Categories in each of the seven Regions.
ii Two finalists from the four Nominees (Finalists) will be selected by the Jury.
iii A winner from the Finalists will be selected by the Jury for each of the six Categories in each of the seven Regions, leaving six winners in each Region (Regional Winners).
iv The Regional Winners will then compete in a global competition. Six out of the forty-two Regional Winners will be selected by the Jury as the final global winners (Global Winners – one for each Category).
(f) The Creators who receive the most votes as determined by the BORN team or Jury (as applicable) will be selected to move onto the next stage. In the event of a tie, the President of the Jury will cast a tie-breaking vote.
(g) The Jury will have absolute and complete discretion on the criteria and process for selecting respectively any of the Nominees, Finalists, Regional Winners, and Global Winners.
(h) Unless otherwise permitted by the Promoter, the ability to move onto the next stage and the ability to be deemed a Nominee, Finalist, Regional Winner, or Global Winner (as applicable) is conditional upon such Creator fulfilling all of the following requirements:
i putting the relevant “BORN Series 2020” badges on his or her website;
ii if the Creator is a Regional Winner, shipping the Product to Promoter’s designated mailing address in Milan and granting any and all permissions necessary to exhibit Creator’s Product at Milan Design Week in April 2020 (Milan Design Week) and attending the celebratory dinner in Creator’s named country (Regional Celebration); and
iii if the Creator is selected to be a Global Winner, attending the Global Winner celebration (Global Celebration).
(i) Winners are subject to verification of eligibility, including verification of age and residency. If a winner (i) is determined to be ineligible or otherwise disqualified by Promoter, (ii) fails to respond to Promoter’s first winner notification message within one (1) week of notification or after two (2) attempts (whichever occurs first), (iii) fails to provide evidence of clearances, permissions, and releases necessary, in accordance with Section 4.3, or (iv) fails to execute any release or affidavit of eligibility required by Promoter within one (1) week of receipt of initial notification regarding prize winning, the winner may be disqualified and forfeit the prize in its entirety and the Jury will select a substitute winner using the criteria described above.
(a) Regional Winners will be contacted on or about March 2020.
(b) Global Winners will be contacted on or about July 2020.
(c) Unless otherwise agreed upon by the Promoter in writing, all communications between the Promoter and the Creators will be managed by email.
(d) The participating Creators will be notified by email if they have been selected as a Nominee, Finalist, Regional Winner or Global Winner.
The Regional Winners (including the Global Winners) will receive a prize consisting of:
(a) A trophy designed by a partner of BORN;
(b) The exhibition of their Products at an award ceremony in Milan;
(c) A celebration of their designs and a networking opportunity to engage in conversations with other creators, journalists and/or VIP guests at the Regional Celebration.
(d) An opportunity to participate in the ‘BORN Conversations’ – a new summit bringing together leaders, innovators, and emerging talents in the business and creative fields to share ideas.
The regional prizes have no retail value.
Global Winners will receive a trip to London to participate in the Global Celebration. Each Global Winner will win a trip for the winner to travel to London, including roundtrip coach-class airfare and 2 nights hotel stay Approximate Retail Value (ARV) of $1,500. The total ARV of one Global Winner prize is $1,500. Actual value of the prize depends on departure city, travel dates, and market conditions at time of fulfillment. Any difference in value between the stated ARV and the actual value of the prize package will not be awarded.
The total aggregate ARV of all prizes in this Competition is $1,500.
The various elements of the prize will be as arranged by Promoter in its sole discretion. Other restrictions may apply. It is the responsibility of the winner to arrive at the airport on time for their departure and to obtain and possess all required travel documents. Promoter has no responsibility for lost, stolen, or misplaced travel documents or baggage, flight delays, or any other occurrences beyond its control. No refund or compensation will be made in the event of the cancellation or delay of any flight. Promoter has no responsibility for a winner’s inability or failure to accept or utilize any part of the prize as described herein. The winner must comply with all check-in requirements, including the presentation of a major credit card. Unused components of the prize have no redeemable cash value. All airline tickets issued in connection with the prize are not eligible for frequent flyer miles or upgrades and cannot be used in conjunction with any other promotion or offer. Travel is subject to the terms and conditions set forth in these Terms and those set forth by the travel prize suppliers, including but not limited to, the airline’s passenger ticket contract, and any other rules or restrictions as may be determined in the sole discretion of Promoter. FLIGHT TICKETS & HOTEL RESERVATIONS MUST BE ARRANGED WITH PROMOTER. ALL TRAVEL RESERVATIONS ARE SUBJECT TO AVAILABILITY AND PROMOTER’S APPROVAL. NO NAME, DEPARTURE TIME, OR DATE CHANGES ARE PERMITTED ONCE ANY TRAVEL RESERVATIONS HAVE BEEN MADE. ANY CHANGES WILL SUBJECT THE PRIZE TO FORFEITURE. If the winner is unable to use the prize during the specified time period, the winner forfeits the prize in its entirety and a substitute winner may be selected at random from among all remaining eligible entries. In case of prize forfeiture, no further compensation is due to winner from Promoter. Winner is responsible for obtaining travel insurance (and all other forms of insurance) at his or her option and hereby acknowledges that the Promoter has not and will not obtain or provide travel insurance or any other form of insurance. Winner must travel on the itinerary and on the dates and/or times specified by Promoter or the prize will be forfeited in its entirety.
Other than expressly stated in these Terms and Conditions, the Prize does not include (without limitation) any monetary compensation, travel, accommodation or other expenses. Every Creator that enters the Competition must be prepared to cover shipping and insurance to exhibit their Product in Milan Design Week and make their own arrangements for travel to the Regional Celebration, including airfare, transport, accommodation and other costs.
The Promoter reserves the right to change the dates and locations of any events at any time if necessary without prior notice.
All prizes must be taken as offered and are not exchangeable, transferable, redeemable for cash or for resale. In the event that a prize is unavailable, the Promoter reserves the right to substitute a prize of equal or greater value.
Each winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of a prize. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner. If the winner is a US resident, the winner will be issued an IRS Form 1099 in the amount of the value of the prize stated in these Terms and must provide Promoter with his/her valid Social Security Number or Taxpayer ID for tax reporting purposes. Noncompliance with this requirement will result in disqualification of the potential winner and the forfeiture of all interest in all prizes.
As a condition of receiving the prize, the winner must sign and return any documents requested by Promoter, including but not limited to, an affidavit of eligibility and release of liability.
3. PRIVACY & PUBLICITY
3.2 The personal information collected as part of the entry is collected to enable identification of and communication with the winners, and for Promoter and its representatives’ future marketing and promotional purposes.
3.3 By registering an application or confirming nomination for the Competition, the Creator agrees that the Promoter and its representatives may use their name, image, town or county of residence to announce the Nominees, Finalists, Regional Winners and Global Winners of this Competition and for any other related promotional purposes.
3.4 Creators further agree to use best endeavours to participate in publicity reasonably required by the Promoter in connection with promotion of the Competition.
4. INTELLECTUAL PROPERTY
4.1 All Products that Creators submit through their applications to the Promoter will remain the property of the Creators. The Promoter does not claim any rights of ownership in the Creators’ Products.
4.2 Each Creator hereby grants Promoter and its representatives a worldwide, royalty-free, nonrevocable, sublicensable license to publicly display the Product submitted to the Competition and use any images, video, or recordings of the Product and company logos, service marks, or trademarks related to the Product for the purposes of operating, promoting, marketing, and advertising the Competition in all media now known or hereafter devised without further compensation or approval. By entering the Competition, each Creator warrants and represents that he/she has all necessary rights and authorizations from the owner(s) of all intellectual property relating to the Products and their respective logos, service marks, and trademarks to grant the license set forth in this Section 4.2.
4.3 Each Creator should be able to provide, within five (5) days of request by Promoter or Jury, all appropriate clearances, permissions, and releases necessary to grant the license set forth in Section 4.2. If Creator is unable to provide such documentation, Creator may be disqualified from the Competition.
5. LIMITATION OF LIABILITY
5.1 The Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Competition or disqualify any individual who tampers with the entry process. The Competition Parties are not responsible for any:
(a) Malfunction, delay or traffic congestion on any telephone network or line, computer on-line system, servers or providers, computer equipment, software, or website;
(b) Failure of any email or entry to be received by the Promoter;
(c) Incorrect or inaccurate information, whether caused by entry information submitted by Creator or tampering, hacking, or by any of the equipment or programming associated with or utilizing in this Competition; nor
(d) Any injury or damage to entrants or any other person or property related to or resulting from participation in the competition or downloading any materials in a Competition.
5.2 The Competition Parties assume no liability and are not responsible for, and Creator hereby forever waives any rights to any claim in connection with, errors and/or ambiguity: (a) in the Competition; (b) in any related advertising or promotions of this Competition; and/or (c) in these Terms. In the event of any ambiguity or error(s) in these Terms, Promoter reserves the right to modify these Terms for clarification purposes or to correct any such ambiguity or error(s). If due to an error or for any other reason, more legitimate prize claims are received than the number of prizes stated in these Terms, Promoter reserves the right to award only the stated number of prizes by selecting an alternate winner from among all verified and legitimate prize claims received. In no event will more than the stated number of prizes be awarded.
5.3 The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any goods or services offered as prizes. To the extent permitted by law, the Competition Parties are not liable for any loss suffered to person or property by reason of any act or omission, deliberate or negligent, by the Promoter or its employees or agents, in connection with the arrangement for the supply, or the supply, of goods and services by any person to the prize winners and, where applicable, to any persons accompanying the prize winners. This clause does not affect any rights a consumer may have which are unable to be excluded under applicable law. To the fullest extent permitted by law, any liability of the Promoter or its employees or agents for breach of any such rights is limited to the payment of the costs of having the prizes supplied again.
5.4 To the fullest extent permitted by law, each entrant in this Competition, including, without limitation, the winner, hereby releases, indemnifies and agrees to hold harmless the Competition Parties from any and all liability for any (i) third party intellectual property infringement, privacy, or publicity claims, (ii) any injuries, loss or damage of any kind to person, including death, and (iii) any injuries, loss or damage of any kind to property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Competition prize, participation in this Competition and participation in any activity related to this Competition, including any damage or theft of any Products during shipping, delivery, or display in connection with this Competition.
5.5 TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPETITION PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR/ENTRANT’S ACCESS TO AND USE OF THE COMPETITION OR THE DOWNLOADING OF MATERIAL RELATED TO AND/OR PRINTING MATERIAL DOWNLOADED FROM THE COMPETITION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.6 LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
6.1 If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude the Creator from participating in the Competition.
6.2 Promoter’s failure to enforce any term of these Terms shall not constitute a waiver of that or any other provision. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
6.3 These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.
6. WINNERS LIST For the name of the winners, send an email to [email protected]