Cost Plus World Market Design a Bag Contest
Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
Design a Bag Contest (the "Contest") starts on 7/12/09 12:01 a.m. Eastern Time ("ET"), ends 8/31/09 11:59 p.m. Eastern Time ("ET") ("Contest Period").
ELIGIBILITY: Contest is open to legal residents of the 50 United States and District of Columbia (excluding residents of New York, Rhode Island, Puerto Rico and other U.S. territories and possessions), 18 or older. Employees of Cost Plus World Market ("Sponsor"), Haley Miranda Group, Inc., and their respective parents, subsidiaries, affiliates, retailers, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void in New York, Rhode Island, Puerto Rico and other U.S. territories and possessions and where prohibited by law. Contest is subject to all applicable federal, state and local laws.
HOW TO ENTER: During the Contest Period, visit www.cpwmdesigncontest.com ("Website") and follow the directions provided to download a tote bag template. Using the template provided, design a tote bag containing the World Market logo provided on the Website (collectively, with entry form, the "Entry"). To enter the Contest: (1) Online: visit the Website and follow the directions provided to upload your tote bag design, and submit. Entry must be in JPG format and no larger than 3 MB. Tote bags must contain the World Market logo to be considered. Trim and handles must be solid color. All online Entries must be received by 8/31/08 at 11:59 p.m. ET to be considered; OR (2) By Mail: On a 3" x 5" piece of paper, hand-print your name, complete address, telephone number (including area code), date of birth and email address (optional), include a copy of your design and mail it in an envelope with proper postage affixed to: World Market Design a Bag Contest, P.O. Box 807, Culver City, CA 90232-0807. Entries that are submitted by mail must fall within the template specifications. All mail-in Entries must be postmarked by 8/31/09 and received by 9/8/09 to be considered. Entries generated by script, macro or other automated or mechanical means and entries by any means which subvert the entry process are void. All Entries become the sole property of the Sponsor and will not be returned.
Sponsor grants to eligible entrants a limited, revocable, non-sublicensable, license to use the World Market logo provided on the Website for the sole purpose of creating and submitting an Entry for review and assessment in this Contest and entrants may make no further use whatsoever of the World Market logo or the Entry for any purpose whatsoever. In addition, entrant recognizes all of the right, title, and interest in the World Market logo as well as all derivative works created using the World Market logo (including the Contest Entry) shall vest exclusively to the Sponsor, and entrant must not take and agrees not to take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Cost Plus World Market logo except for the limited license granted to entrant in these Official Rules is transferred or created.
REQUIREMENTS OF ENTRIES:
Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group;
- appears to duplicate any other submitted Entries;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others (except that of Cost Plus World Market), without permission;
- contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art, or images published on or in websites, television, movies or other media), without permission;
- contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
- violates any law.
Entry must contain the World Market logo, be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant (other than the World Market logo), and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. When applicable, winner must be willing to provide any and all source material, including mechanical and working files to Cost Plus World Market for production purposes.
JUDGING: All eligible Entries received by Sponsor will be judged by a panel of qualified judges based equally on the following criteria: Originality, Creativity and Representation of the World Market brand and feel. The Entry with the highest score will be deemed the potential Grand Prize winner. In the event of a tie, an additional, "tie-breaking" judge will determine the winner(s) based on the criteria listed herein. Sponsor reserves the right not to award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. Prize award is subject to verification of eligibility and compliance with these Official Rules.
WINNER NOTIFICATION: Judges’ and Sponsor’s decisions are final and binding on all matters relating to this Contest. Potential winner will be notified by telephone, mail and/or email and will be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned within 7 days of date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact the potential winner within a reasonable time periodor noncompliance with these Official Rules by the potential winner will result in disqualification and, at Sponsor’s sole discretion, the prize may be awarded to a runner-up. If the potential winner is an eligible minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.
Prize (1): A $1,000 World Market gift card and 25 tote bags with winner’s design on it. Winner’s tote bag design may also be distributed at select World Market locations. Approximate Retail Value ("ARV") is $1,125.00. Tote bag design manufactured may vary in some respects from actual design submitted in Entry. Nature of reproduction and distribution, quantities, channels and methods will be at Sponsor’s sole discretion. Winner will receive no additional compensation or royalty and no approval will be required with respect to the design and distribution of the design on the tote bags. Sponsor does not guarantee the reproduction or distribution of the design on the tote bag and if, in Sponsor’s discretion, it does not reproduce design, winner will receive remainder of his/her prize as full prize. Prize is awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Winner may not substitute, assign or transfer prize or redeem prize for cash (if non-cash portion), but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winner is responsible for all applicable federal, state and local taxes, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion.
GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, Haley Miranda Group, Inc., and their respective parents, affiliates, subsidiaries, retailers and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, "Released Parties") from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity, the acceptance, possession, use or misuse of the awarded prize or Sponsor’s and its designees use of the Entry; and (c) to the use of his/her Entry, name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.
OWNERSHIP/USE OF ENTRIES: Entrant hereby acknowledges that Entry (including design) and all other materials of every kind whatsoever created by entrant relating to the Contest (collectively, the "Work") are a "work made for hire" (as that term is used in the United States Copyright Act) for Sponsor, and Sponsor is the sole and exclusive owner, in perpetuity and throughout the universe, of all right, title and interest in and to the Work, including without limitation all copyrights in and to the Work (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto, and may exploit the Work (and all rights therein) in any manner throughout the world without restriction. Without limiting the binding effect of any of the foregoing provisions, in the event that any part of the Work is not deemed to be a "work made for hire" for Sponsor, then entrant hereby irrevocably and exclusively grants and assigns to Sponsor (or, if any applicable law prohibits or restricts such assignment, entrant hereby grants to Sponsor an irrevocable, perpetual, royalty-free, transferable license of) unlimited right, title and interest in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised.
MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, illegible, stolen, delayed, misdirected, undelivered, postage-due or garbled Entries, designs, or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prize, the incorrect uploading of the design or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Website. Persons who tamper with or abuse any aspect of the Contest or Website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
DISPUTES: Except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, and in no event shall entrant be entitled to receive attorneys’ fees or other legal costs or expenses; and (c) entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.
WINNER’S NAME: For the name of the winner (available after 9/30/09), send a self-addressed, stamped, envelope by 10/31/09 to: World Market Design a Bag Contest Winner, 8654 Washington Boulevard, Culver City, CA 90232.
SPONSOR: Cost Plus World Market, 200th 4th Street, Oakland, CA 94607.
ADMINISTRATOR: Haley Miranda Group, Inc., 8654 Washington Boulevard, Culver City, CA 90232.