The Lavazza Professional Blank Canvas Design Competition
OFFERED ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DC. VOID WHERE PROHIBITED. NO PURCHASE NECESSARY.
1. SPONSOR: The Lavazza Professional Blank Canvas Design Competition (“Contest”) is sponsored by Lavazza Professional North America LLC, 1301 Wilson Dr., West Chester, PA 19380 (“Sponsor”).
2. ELIGIBILITY: The Contest is open only to legal residents of the 50 United States (including the District of Columbia) who are 18 years of age or have reached the age of majority in their jurisdiction of residence, whichever is greater. Employees, officers and directors of Sponsor, its parent companies, subsidiaries, affiliates, partners, advertising agencies, promotional suppliers (collectively, "Contest Entities"), and the immediate family members (spouses and parents, children and siblings and their spouses, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible to enter or win. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited or restricted by law.
3. AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes the entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Contest Entities, which are final and binding. Winning is contingent upon fulfilling all requirements set forth herein. An entrant may be disqualified in Sponsor’s sole discretion if he/she fails to comply with any of the terms of these Official Rules.
4. CONTEST PERIOD: The Contest begins at 12:00 AM Eastern Time ("ET") on April 1, 2019 and ends at 11:59 PM ET on May 17, 2019, (“Contest Period"). Sponsor’s computer or that of its designee shall serve as the official time keeping device for the Contest.
5. HOW TO ENTER: To participate in the Contest, you must create and submit an office café design concept. To do so, you must do the following during the Contest Period:
a. Download the Entry Materials. Visit www.LavazzaPro.com/BlankCanvas to download an Entry form and a design template of a standard office café.
b. Create Your Design Concept. Customize the downloaded template to create your ideal office café design concept. Please note the following guidelines for the design concept:
- The template will display the following elements specifically highlighted for design opportunities: (i) cabinet surfaces, (ii) table top surfaces, (iii) countertops, (iv) walls, and (v) a coffee mug. Your café design must include design proposals for each of these designated elements.
- Design proposals should enhance, rather than reinvent, the café depicted in the template. This means the design concept should not propose structural changes to the template, such as replacing the furniture, lighting, or components of the kitchen. Entrants will be required to exercise their best judgment in determining what constitutes an enhancement that could reasonably be implemented versus a reinvention that could not be implemented without a significant overhaul.
c. Complete the Entry Form. Fill out the Entry form, which will require you to include the following:
- First and last name;
- Contact information (address, phone number, and email);
- School (if currently enrolled);
- The title of your design concept;
- A brief description of the inspiration for your design concept; and
- Your signature, confirming your agreement to these Official Rules.
d. Submit Your Design Concept. Email a single PDF with your Entry form and design concept (the “Entry”) to email@example.com. The file size limit for the Entry is 25 MB;
LIMIT: ONE (1) ENTRY PER PERSON DURING THE CONTEST PERIOD. Entries generated by script, macro, or other automated means are void. Entries will be reviewed for compliance with the Entry parameters set forth herein (including the “Additional Entry Requirements” below). Sponsor reserves the right to disqualify any Entry at any time in the event it is determined, in Sponsor’s sole discretion, that the Entry is not appropriate, or that the entrant has not complied with these Official Rules.
6. ADDITIONAL REQUIREMENTS: Entrants must not engage in any violent, dangerous, or illegal behavior in creating an Entry. Entries must not contain inappropriate content, including but not limited to vulgarity, obscenity, lewd, pornographic or violent material, or materials which promote hate or violence. Entries must not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies. Entries must not defame or invade the privacy or publicity rights of any person, living or deceased, or otherwise infringe upon a person's personal or proprietary rights. Entries must not contain the name, image or likeness (“likeness”) of any third party. Entries may not contain commercial/corporate advertising, including but not limited to corporate logos, brand names and slogans, other than those relating to Sponsor. Entries that do not include all required information and do not adhere to the foregoing and following requirements or are deemed to be immoral, obscene, profane or not in keeping with Sponsor's image (all as determined by Sponsor in its sole discretion) will be considered void.
7. JUDGING: On or about May 22, 2019, eligible Entries will be judged by a panel of café design experts consisting of employees of Sponsor from its marketing, sales, and research and development teams. The panel will select three (3) potential winners from among all eligible Entries based on the highest score. Entries will be judged and scored on the basis of the following criteria: (i) originality and creativity of the design (34%), (ii) viability of implementation of the design (33%), and (iii) inspiration for and execution of the design (i.e., how compelling the entrant’s personal inspiration for the design is and how well that inspiration is executed in the design) (33%). In the event of a tie, the potential winners will be determined by the highest score in the category of “inspiration for and execution of the design.” The judges' decisions are final and binding.
Notwithstanding any other provision of these Official Rules, if at any time during the Contest Period, the judging rounds or at any time thereafter, the Sponsor determines that not enough or no eligible entrants exist from which to determine the winners, then Sponsor may in its sole and exclusive discretion determine that not enough or no eligible contestants exist, and then may either suspend or terminate the Contest or modify it (or any parts thereof) in any equitable manner that Sponsor deems appropriate in its sole and exclusive discretion, including, without limitation, by not awarding any one or more of the prizes set forth in these Official Rules.
8. PRIZES: Three (3) prize winners will receive a $5,000 cash prize. The winning Entries will also be shared with certain current and/or prospective customers of Sponsor, who may choose to implement the winner’s design concept (or aspects thereof) in their office cafes. Approximate retail value (“ARV”) of each prize: $5,000. Total ARV of all prizes to be awarded in Contest: $15,000.
IMPORTANT NOTE REGARDING PRIZE:There is no guarantee that any of Sponsor’s current/prospective customers will choose to implement any winner’s design concept, or any portion thereof. Further, if one of Sponsor’s current/prospective customers does choose to implement a winner’s design concept, there is no guarantee that it will be implemented in whole, or as intended by the winning entrant. Sponsor’s current/prospective customers will be free to modify or alter a winner’s design concept as they see fit, or to implement only certain portions of the design concept. In the event that one or more of Sponsor’s current/prospective customers does choose to implement a winning design concept, or any portion thereof, winner will be entitled to no compensation of any kind beyond the $5,000 cash prize.
Odds of winning depend on number of Entries received during the Contest Period and the skill of entrants. No transfer, substitution or cash equivalent for prize is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if the prize or any portion of the prize cannot be awarded, in whole or in part, as described for any reason. All taxes on prize and all expenses not specified are the sole responsibility of the winner.
9. WINNER NOTIFICATION: Potential winners will be notified via email at the email address provided in the Entry form. To claim the prize, potential winner will be required to respond to Sponsor’s notification within FIVE (5) BUSINESS DAYS after transmission of the aforementioned message and provide his/her full name, email address, physical mailing address, date of birth, and phone number. Subsequently, the potential winner will receive additional prize claim instructions by mail and/or email and may be required to complete, sign, have notarized, and return additional documentation, including an Affidavit of Eligibility/Liability Release and an assignment of all rights in the Entry (including the design concept) to Sponsor (See “Intellectual Property Rights” section below), and an IRS Form W-9. All requested documents must be returned to Sponsor within the time period specified at the time of prize notification.
At the sole discretion of Sponsor, disqualification, prize forfeiture and the selection of an alternate winner may result from any of the following: [a] a potential winner’s failure to respond to an initial notification within five (5) business days after its transmission; [b] the failure of notification due to deactivation of the potential winner’s email account prior to receipt of notification; [c] potential winner’s failure to provide Sponsor with satisfactory proof of age, identity, and residency; [d] potential winner’s failure to complete and return required documents by the date specified in winner’s notification; and [e] any other non-compliance with these Official Rules.
10. INTELLECTUAL PROPERTY RIGHTS:
WARRANTY: By entering the Contest, entrants represent and warrant that their Entries are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Entry and that they have the right to submit the Entry in the Contest and grant all required licenses and assignments. Each Entrant agrees not to submit any Entry that infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity, and confidentiality obligations. Entrants also represent and warrant that they have not previously submitted their Entry as an Entry in another contest, promotion, competition, or similar activity. Once submitted, an Entry may not be changed, altered, modified or deleted.
LICENSE: Subject to the “Assignment” paragraph immediately below, each entrant shall retain ownership of all intellectual property rights in each Entry (including moral rights) subject to these Official Rules. However, by entering the Contest, and to the extent allowed by law, each entrant grants Sponsor and its affiliates, licensees, promotional partners, developers and third party marketing entities a non-exclusive, perpetual, worldwide, royalty-free license to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, adapt, publish, exploit and use the Entry throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation.
ASSIGNMENT: Each entrant selected as a potential winner will be required to execute additional documentation transferring all intellectual property rights in his/her Entry to Sponsor in exchange for receiving a prize. The effect of this assignment will be that Sponsor, and not the entrant, shall be the sole and exclusive owner of the Entry (including entrant’s design concept), free and clear of any encumbrances, and that the Entry shall be treated as a “work made for hire” for Sponsor, as that phrase is defined in The Copyright Act of 1976, 17 U.S.C. § 101 et. seq. By assigning his/her Entry, entrant will have no claim to any further review, notice, approval, consideration, or compensation with respect to the Entry and the use thereof. In the event that the work is not viewed as a work made for hire under applicable law, the potential winner will be agreeing to an exclusive assignment of all rights in the design to Sponsor. Agreeing to and executing such documentation will be a condition precedent to receiving a prize. If any entrant selected as a potential winner is not willing to assign his/her Entry to Sponsor in the manner described above, such entrant will forfeit his/her claim to a prize and Sponsor may select an alternate potential winner, in its sole discretion.
11. CONDUCT: Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Contest; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. PUBLICITY. Except where prohibited by law, participation in this Contest and/or acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Entry, and/or prize information, in connection with the Sweepstakes for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
13. GENERAL CONDITIONS: By entering, each entrant agrees: (a) to be bound by these Official Rules and any other documents required by Sponsor herein and by the decisions of the Sponsor, and to waive any right to claim ambiguity in this Contest, the Official Rules or any other documents required by Sponsor herein, (b) to indemnify, defend and hold harmless Sponsor and its employees, officers, directors, shareholders, representatives, agents, parent companies, affiliates, subsidiaries and agencies (collectively, “Released Parties”), from and against any and all liability, claims, losses, damages, demands, causes of action, penalties and expenses arising out of or related to any statement, action or failure to act by entrant during or in connection with his/her participation herein, the acceptance, possession, misuse or use of the prize (including any travel or activity related thereto); and/or any breach or alleged breach of these Official Rules or of any other documents required by Sponsor and, (c) not to sue and to hereby irrevocably and unconditionally release, discharge and hold harmless the Released Parties from any and all liabilities, claims and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which entrant (or entrant’s successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss or any other harm, resulting in whole or in part, directly or indirectly, from (i) participation in the Contest or any Contest related activity, (ii) the acceptance, possession, misuse or use of the prize (including any travel or activity related thereto), (iii) the use of any of the rights granted herein, (iv) any error in the collection or retention of Entry information, and (v) any typographical or other error in the printing, offering or announcement of any prize.
14. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for (i) lost, late, stolen, damaged, illegible, misdirected, or incomplete Entries; (ii) typographical or system/human errors and failures which may limit an entrant’s ability to participate. The Released Parties are also not responsible for any error in the collection, processing or retention of entry information. WITHOUT LIMITING THE FOREGOING, AND EXCEPT WHERE PROHIBITED BY LAW, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
15. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest, these Official Rules, or any prize awarded shall be submitted to JAMS for binding arbitration under its rules then in effect in the State of Pennsylvania, without resort to any form of class action, and determined by one arbitrator to be mutually agreed upon by both parties, with the parties agreeing to share equally in the arbitration costs; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. 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 the Contest, shall be governed by, and construed in accordance with, the laws of the State of Pennsylvania without giving effect to any choice of law or conflict of law rules (whether of the State of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Pennsylvania.
17. WINNERS LIST: For a complete list of winners, please contact Sponsor at Lavazza Professional North America LLC, 1301 Wilson Dr., West Chester, PA 19380, Attn.: Julie Kimelman, by no later than November 17, 2019.
© 2019 Lavazza Professional North America LLC. All rights reserved.
Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Contest is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Contest.