2012 KOHLER CO. TRESHAM DESIGN CONTEST
1. ELIGIBILITY. THIS DESIGN CONTEST (THE “Contest”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA. CONTESTANTS MUST BE 21 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID WHERE OTHERWISE PROHIBITED BY LAW. ENTRANT MUST BE A CERTIFIED INTERIOR DESIGNER AND MEMBER OF THE NATIONAL KITCHEN & BATH ASSOCIATION (“NKBA”), THE AMERICAN SOCIETY OF INTERIOR DESIGNERS (“ASID”) OR THE INTERNATIONA INTERIOR DESIGN ASSOCIATION (“IIDA”) (such organizations shall be collectively referred to herein as “Design Organizations”). Employees of Kohler Co. (the "Sponsor") and its respective affiliates, subsidiaries, promotion, advertising, promotional agencies and design services providers and the immediate family members and persons living in the households of each are not eligible to enter. Judges and employees of judges’ employers/companies and their respective affiliates, subsidiaries, and the immediate families and those living in the households of the judges are not eligible to enter. By participating, Entrants agree to be bound by these Official Rules. Only individual design/building professionals who are members of the abovementioned Design Organizations (including without limitation, kitchen and bathroom dealers, kitchen and bathroom designers, architects and interior designers) are eligible to participate in the contest. Each person submitting an entry shall be referred to an “Entrant” in these Official Rules. Companies/firms cannot submit entries.
2. CONTEST DESCRIPTION: Contest begins at 12:01 a.m. (PT) on June 1, 2012, and will end at 11:59 p.m. (PT) on July 15, 2012 (the "Promotional Period.") All Entrants will be required to sign up for a free account on Polyvore.com and become a part of the free Polyvore group titled “Your take on Tresham,” submit a set featuring at least four pieces from the Tresham collection (as to use of sponsor’s products, refer specifically to Section 6, below). To be declared Winner or runners-up, Entrants will be required to grant Sponsor a license to the designs (as explained with more particularity in Section 3, below). All design must be fully completed during the Promotional Period. Prizes will be awarded on July 30, 2012. Contest winner (the “Winner”) and runners-up will be contacted by the Sponsor via Polyvore private message and email and the Winner’s and the runners-up’s entries will be posted as the selected designs online at blog.Kohler.com.
3. TO ENTER: Complete and submit Submissions (as defined below) electronically via Polyvore. Visit http://kohlerco.polyvore.com/, create a Polyvore account, join the “Your take on Tresham Group,” submit a set featuring at least four different pieces from the Sponsor’s Tresham collection with corresponding design swatches. Entries must be submitted as follows / include the following to be eligible:
- Start a Polyvore account
- Join the “You take on Tresham Group”
- Submit your design featuring four pieces from the Tresham Collection
- Entries must be received by 11:59 p.m. on July 15, 2012 to be eligible. Failure of entries to include the above required content, conform to format and meet the other requirements set forth in these Official Rules will be rejected and will not qualify for entry in the Contest. Any and all Entrant information, drawings, photographs or images and narratives or any modifications, variations or embodiments thereof by Sponsor shall be collectively referred to herein as a “Submission.”
- Multiple entries submitted by a single Entrant are void (only one entry per Entrant is permitted for the entire Promotional Period). Submissions must be of Entrant’s own creation, must not be based on any pre-existing design and may not have been used as an entry in any previous design contest. Sponsor assumes no responsibility for lost, late or misdirected entries or for any computer, online, telephone, or human error or technical malfunctions that may occur.
4. WINNER SELECTION & NOTIFICATION: Winner and runners-up will be selected by a panel of three (3) judges chosen by Sponsor (the “Panel”) comprised of unpaid representatives who are experienced in the design industry. There will be one “Chief Judge” which will be randomly selected from the Panel prior to the judging of the Submissions. At the end of the contest, Entrants who submitted entries will be judged by the Panel on three key design aspects: (a) elements of principle design, (b) vision and creativity (c) use of KOHLER® brand fixture(s) and faucet(s). One (1) of those Entrants submitting during the course of the contest will be designated by the Panel as the Winner and will be notified of the same via private message on Polyvore. In order to be deemed the Winner (as defined below) or a runner-up eligible to win a Prize in the Contest, the entrant(s) selected by the Panel will be required to complete and execute (i.e. sign) two (2) of the below forms (as applicable) which will be provided by Sponsor to the selected Entrant(s) in the email notification of their selection or soon thereafter:
- Each selected Entrant must complete and execute (i.e. sign) a Grant of License form. This form will provide Sponsor with a non-exclusive, worldwide, perpetual, fully paid up, royalty-free license to publicize, depict, describe or otherwise use, in any manner of the Sponsor’s choosing, the Submission and any other materials provided to Sponsor by said Entrant in entering and further participating the Contest. In other words, you will grant Sponsor the right to use the design in any way it sees fit, but you will still have the right to use the Submission as you see fit.
- Additionally, each selected Entrant must obtain one (1) of the following (as applicable):
- Each selected Entrant employed with an individual or entity that may have a claim to any ownership rights to or interest in the Submission or any component thereof will be required to obtain a Grant of License (similar to that detailed immediately above) from such individual or entity…
- Each selected Entrant not so employed will be required to complete an affidavit confirming that no other individual or entity has any such ownership rights to or interests in the Submission or any component thereof for any reason, including by virtue of his/her/their employment with such an individual or entity and agreeing to indemnify, defend and hold Sponsor harmless against any claim to any such ownership rights.
OR
Upon return of the required Grant(s) of License and, where applicable, the affidavit detailed above, the Winner and runners-up will be posted on the Sponsor’s blog listed in Section 2 above. Failure to fully complete and sign (or have signed) the above required forms will result in alternate Entrants being selected as potential winners (subject to the above requirements). .
In the event of a tie in the judging, the designated Chief Judge (which shall be randomly selected from the Panel) will make the ultimate decision in picking the Winner and/or runners-up from those Entrants involved in the tie. Previous winners are exempt from winning future contests.
Winner and runners-up may, in Sponsor’s sole discretion, be required to execute and return and Affidavit of Eligibility and Liability and, where legal, a Publicity Release within fourteen (14) days following the date of issuance of the notification of selection as a possible Winner or runner-up. Non-compliance within this time period or return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternative Winner or runner-up.
5. PRIZES/ODDS: Grand prize – One (1) trip for two (2) people (Winner and a guest) to Kohler, Wisconsin. Four (4) nights stay at The American Club, one (1) day at the Kohler Waters Spa, two (2) tickets to their choice of events at Kohler’s 2012 Food and Wine festival October 18-21 (approximate suggested retail value of entire trip is $7,000, dependent on flight costs). One (1) Kohler Tresham Toilet (approximate suggested retail value of no greater than $423.00), up to six (6) pieces of Kohler Tresham furniture and sinks (approximate suggested retail value of no greater than $3,135.00), one Kohler brand (1) shower receptor (approximate suggested retail value of no greater than $815.00,) and Kohler brand faucets and valving with an approximate suggested retail value of no greater than $3,000. Total Grand prize value will not exceed fourteen thousand three hundred seventy-three dollars ($14,373.00) except to the extent airfare raises the cost of the trip.
Runners-Up – Two (2) runners-up will each receive $3,000 in Tresham Collection products (i.e. – with a manufacturer’s suggested retail price no greater than of $3,000).
Prizes must be claimed within one (1) year of the Winner and runners-up being notified.
Each Winner will be responsible for paying all costs and expenses related to his or her Prize that are not specifically mentioned, including but not limited to all federal, state and local income taxes. Sponsor will issue 1099’s as appropriate. No substitution, barter, transfer, or assignment of Prize will be permitted by Winner or runners-up, and non-cash prizes cannot be redeemed for cash. Notwithstanding, Sponsor reserves the right to substitute Prize with prize of equal or greater value if advertised Prize becomes unavailable. Odds of winning depend on number of eligible entries received. Sponsor cannot predict the odds of winning as Sponsor has no prior knowledge of the number of Entrants who will participate.
6. GENERAL CONDITIONS: Contest Entrants agree to be bound by the terms of these Official Rules. Except where legally prohibited, Entrants grant (and agree to confirm that grant in writing) permission for Sponsor and those acting under its authority to use winner’s name, picture, likeness, Submissions and biographical information and statements, at any time or times, for any reasonable reason, including without limitation communications, public relations, advertising and/or promotional purposes and inclusion on any website (including, but not limited to, the website referenced in Section 2 above) or any other media now known or hereafter discovered, without additional compensation, notice, review or approval.
Entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry and the potential winner or runners-up may be required, at Sponsor’s request, to provide Sponsor with proof that the potential winner or runner-up, as the case may be, is the authorized account holder and satisfies all eligibility requirements. Should any portion of the Contest be, in Sponsor’s sole opinion compromised by virus, worms, bugs, non-authorized human intervention, technical failures 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 select the Winner from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Sponsor reserves the right in its sole discretion, to disqualify any individual who tampers with the Contest. Sponsor is not responsible for any error, omission, deletion or failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the internet or at any website (including, without limitation, Polyvore.com), or any combination thereof, including any injury or damage to Entrant’s computer related to or resulting from participation in this Contest. Sponsor reserves the right to make any revisions to the Official Rules at any time.
By entering, Entrants release and agree to indemnify, defend (where Sponsor so chooses) and hold harmless Sponsor and its respective subsidiaries, affiliates, directors, officers, prize suppliers, employees and agents from any and all liability or any injuries, loss or damage of any kind arising from or in connection with this Contest, infringement of any third party intellectual property rights, breach of any warranty made by Entrant set forth in Section 7, below, or acceptance or use of any prize provided hereunder.
To the extent an Entrant uses any of the following products in such Entrant’s Submission; such products must be Kohler brand products: faucets, sinks, bathtubs, shower/bath fixtures, toilets, bidets and related bathroom and kitchen accessories. Failure to use Kohler brand products in Submissions containing the above listed products shall result in immediate disqualification of an Entrant’s Submission from the Contest.
Winner and runners-up may be permitted to link to Sponsor’s website in publicizing being a Winner or runner-up upon obtaining Sponsor’s prior written consent.
Additionally, Winner and/or runners-up may publicize such a win via a news release or otherwise, provided they or their employer first obtains written permission for each such instance of publicity from Sponsor. Such written permission will not be unreasonably withheld by Sponsor, provided such publicity contains appropriate content as determined by Sponsor, in its sole discretion.
7. ENTRANTS’ REPRESENTATIONS AND WARRANTIES. By participating in the Contest, the Entrant warrants and represents, with respect to his/her entry in and Submission to the Contest: (a) he/she is the sole and exclusive owner of (and free of any adverse claim by any person, firm, or corporation) all intellectual property rights in and to the Submission and all components thereof (including, without limitation, the design); (b) the Submission and all components thereof (including, without limitation, the design) entered is original and the use of the Submission and all components thereof (including, without limitation, the design) entered as described in these Official Rules will not infringe the proprietary rights, including without limitation the intellectual property rights, of any third party; (c) the Submission entered is not subject to any third-party restrictions or licenses; (d) the Submission entered is not obscene or libelous, and does not violate any rights of any third-party, including but not limited to rights of privacy or publicity; (e) neither the Submission (nor any email sent by Entrant to Sponsor) contains any virus, spyware, malware, trapdoor, worm, or any other device, mechanism or code that could be injurious or damaging to software or hardware used in conjunction with the Contest; (f) the Submission entered and its use as described in these Official Rules will not violate any federal, provincial, state or local laws or ordinances; (g) no individual, employer or other entity has any rights in the entry or Submission entered or such an individual, employer or other entity is willing to grant the license required by these Official Rules; (h) the entry is consistent with these Official Rules; (I) he/she has the right to provide a license as required by these Official Rules; (j) Entrant will in no way use his/her own or any other entrant’s Submission or any other materials submitted as part of this Contest in a manner that reflects negatively on that other Entrant, their design, the Sponsor, Sponsor’s products or any other party.
8. NO WARRANTIES BY SPONSOR: BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE CONTEST AND/OR THE PRIZES, INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND ONLY TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT IN NO EVENT WILL SPONSOR BE LIABLE TO ENTRANT OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT’S PARTICIPATION HEREIN, EVEN IF SPONSOR WAS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BY PARTICIPATING IN THE CONTEST, THE ENTRANT FURTHER AGREES THAT IN NO EVENT WILL THE LIABILITY OF SPONSOR RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST, ANY PRIZES AWARDED IN THIS CONTEST OR THE ENTRANT’S PARTICIPATION HEREIN EXCEED THE GREATER OF THE VALUE OF THE GRAND PRIZE FOR THE CONTEST. THIS SECTION SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
10. TERMS OF SERVICE AND PRIVACY. Entrants’ use of the Polyvore website is subject to Polyvore.com’s Terms of Service, available at http://www.polyvore.com/cgi/terms-of-service. Personal information collected by Polyvore from Entrants is subject to Polyvore.com’s Privacy Policy, available at http://www.polyvore.com/cgi/privacy-policy. Personal Information collected from the Winners and Runners-up by Sponsor is subject to Sponsor’s Privacy Policy, available at http://www.us.kohler.com/us/Privacy-Statement/content/CNT1100001.htm.
11. DISPUTES. By submitting an entry into the Contest, Entrant agrees that: (I) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Wisconsin or the appropriate Wisconsin State Court located in Milwaukee, Wisconsin; (ii) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules (whether of the State of Wisconsin or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wisconsin.
12. ENTRANTS’ EXPENSES. Sponsor is not responsible for any expenses incurred by Entrants in connection with entering and participating in the Contest including, without limitation, costs related to computer and internet access.
13. WINNERS’ LIST: To receive the names of the Winner and runners-up by mail after July 30, 2012 but before July 30, 2013, please mail a self-addressed stamped envelope to Kohler Tresham Design Contest Winners’ List, 444 Highland Drive, MS 073, and Kohler, WI 53044.
