Terms and Conditions
The Modern Craft Project Promotion Terms and Conditions
These are the terms and conditions applicable to persons (referred to as “you” or an “entrant”) entering the Modern Craft Project Promotion (referred to as “the Modern Craft Project”).By entering the Modern Craft Project, you accept these terms and conditions and agree to be bound by them. Failure to abide by any of these terms and conditions may disqualify you from taking part in the Modern Craft Project and your entry may be deemed invalid.
The Promoter of the Modern Craft Project is Diageo Americas, Inc., Norwalk, CT.
KETEL ONE Vodka. Distilled from Wheat. 40% Alc./Vol. © 2013 Imported by Ketel One USA, Aliso Viejo, CA.
(All references to 'our', 'us', 'we' refer to the Promoter, its subsidiaries, affiliates and associates.)
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
Eligibility to Enter
- 1.Entry to the Modern Craft Project is open only to legal residents of the United States and Washington, D.C. aged 25 and over at the date of entry. MODERN CRAFT PROJECT IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Employees and agents of the Promoter and its affiliates, printers, advertising and promotion agencies, alcohol beverage suppliers, importers, wholesalers, distributors or retailers or of any company associated with the Modern Craft Project (including specifically Protein Ltd.)are ineligible to enter, as are members of their families or households.
- 2.One (1) entry is allowed per person. If the Promoter discovers or has reasonable grounds to believe that you have exceeded the maximum number of entries you may be disqualified.
- 3.Entry to the Modern Craft Project is open to all those who consider themselves skilled in a “modern craft”. Entrants need not undertake their modern craft on a full-time and/or professional basis. Entries from amateur and/or part-time modern crafts-people are eligible (provided such entries comply with the rest of these terms and conditions). Although, there is no definitive list of what constitutes a “modern craft” itself for the purposes of eligibility for entry to the Modern Craft Project. As a broad guideline regarding the attributes of a modern crafts-person, the Promoter considers that a modern crafts-person (i) does reinterpret traditional skills and values in a modern way, harness innovative technologies alongside traditional materials or skills, and is a progressive thinker with an entrepreneurial spirit, and (ii) is not a large scale manufacturer or purely a contemporary artist or product designer, and does not use only traditional methods or techniques without a modern twist. Entrants will be able to specify as part of their entry why they should be considered.
- 4.Entrants to the Modern Craft Project could receive a cash prize from The Ketel One Legacy Prize Fund (as defined in paragraph 26 below) and perhaps an invitation to the closing event for the Modern Craft Project (as discussed in paragraph 29 below). Prizes will be awarded to the successful entrant(s), with the intention of them using their share of the Ketel One Legacy Prize Fund towards the practice and development of their modern craft.
- 5.The Modern Craft Project is one of several other similar national promotions being conducted by Ketel One in other countries. There are separate terms and conditions which apply to those other national promotions and they will be judged separately from the Modern Craft Project here in the U.S. and have separate rewards.
How to Enter
- 6.To enter the Modern Craft Project, you must fill in all the required details and answer the questions (with a character limit of 3,500 each) in the online form at www.themoderncraftproject.com and upload a portfolio of your work (referred to as your “Work”) as described on the website and which consists of a maximum of five (5) photographs and/or videos in total. Each file uploaded as part of your entry must not exceed two (2) MB. All elements of entry must be submitted during the same on-line session; partial or piecemeal entries will not be accepted.
- 7.Entrants may submit their entries from 12:00 pm (noon)EST on January 16th , 2013. All entries must be received by 5:00 pm EST March 20th, 2013. Late entries (for whatever reason) will be invalid. Proof of sending will not be accepted as proof of receipt. Receipt of entries will not be acknowledged.
- 8.Entrants declare that information they provide on entering the Modern Craft Project is true and correct. Any entry made in breach of this declaration may be deemed invalid and disqualified at thediscretion of the Promoter. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE MODERN CRAFT PROJECT IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTERRESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- 9.Entrants to the Modern Craft Project should meet the criteria described in3 above regarding the attributes of a modern-crafts person (this is in addition to the eligibility requirements set forth in Rule 1).
- 10.Any/all of your Works submitted as part of your entry to the Modern Craft Project must be your own original work, must not be copied from anyone else and, subject to paragraph 19, must not have been made with the help of anyone else.
- 11.You must not endanger yourself or others, or take any unnecessary risks in order to produce or make your entry to the Modern Craft Project.
- 12.You are solely responsible for any expenses incurred in the creation and/or submission of your entry to the Modern Craft Project.
- 13.No person other than the entrant may appear or feature in any entry.
- 14.Entries to the Modern Craft Project must not:
- k.reflect poorly on Ketel One; and/or
- 15.The Promoter reserves the right to take down from the website referred to in23 any/all photos/videos, Works, and any other content and/or materials submitted by entrants if the Promoter determines in its sole discretion that any such content and/or materials are in breach of these terms and conditions and/or if the Promoter receives any complaints or claims in respect of such content and/or materials (including without limitation any claims for infringement of a third party’s intellectual property rights).
- 16.Subject to paragraph 19, you represent, warrant and promise to the Promoter that you own all the rights in:
(i) any/all photos/videos/written material submitted as part of your entry to the Modern Craft Project, and
(ii) the Works that you submit as part of your entry to the Modern Craft Project,
and that they are your sole and original creation and have not been copied in whole or in part from any other person.
- 17.You will retain ownership of the copyright in any/all photos/videos/written material submitted as part of your entry. However you hereby grant to the Promoter, its group companies, contractors, agents and collaborators a worldwide, royalty-free, non-exclusive, perpetual, sub-licensable license to use, reproduce and/or modify any/all such photos/videos/written material without restriction in any and all media, including for the purposes of the Modern Craft Project, for internal use, for commercial use, for publication on any websites, and for use in promotional and advertising materials in relation to the Modern Craft Project. You further acknowledge that any content, material, or information included in your entry shall not be confidential, proprietary or trade secret.
- 18.To the extent permitted by law, the entrant hereby irrevocably waives any/all moral rights or other transferable rights in any/all photos/videos/written material submitted as part of an entry to which the entrant is or may at any time in the future be entitled or any similar provisions of law in any
- 19.If you did not create any of the photos/videos/written material submitted as part of your entry entirely byyourself or if the Works you are submitting as part of your entry were made with the help of someone else, you must notify the Promoter at the time of entry and must, if requested by the Promoter and in a form requested by the Promoter, provide a signed written personal release from the copyright owner of the relevant photo/video/written material or from the person who helped you make the relevant Work, which (a) grants the Promoter the same rights in relation to the photos/videos/written material and/or Work(s) that you grant the Promoter under these terms and conditions and (b) waives any and all moral rights that s/he may enjoy in connection with any such photos/videos/written material and Work(s). Failure to provide such release upon request or if Sponsor in its sole discretion determines that such release is inadequate may result in disqualification.
Shortlist of Entrants
- 20.Within 3 weeks of the closing date for entries, a panel of experts from the U.S. (referred to as the “Local Panel”) will select a shortlist of up to (10) entries. (But, neither Sponsor not the Local Panel shall have any liability if fewer than (10) entries are selected for the shortlist.) The Local Panel will include a representative from Wallpaper magazine and local market experts.
- 21.The Local Panel will select entries for the shortlist based on the following criteria and applying the below percentage (%) weightings to each criteria:
- 22.Due to the time-critical nature of the Modern Craft Project, the entrant(s) selected to appear in the shortlist must respond to the Promoter within (48) hours of being notified by the Promoter that they have been selected. In the event that any selected entrant cannot be contacted within (48) hours, the selected entrant will be disqualified and the Promoter reserves the right to select another entrant in accordance with the process set out in these terms and conditions (but Promoter shall have no liability should it choose not to do so). To remain eligible to possibly win a share of the Ketel One Legacy Prize Fund, shortlisted entrant must furnish valid proof of age (for example, a driver’s license, birth certificate or passport) and complete andan Affidavit of Eligibility, a Liability Release and Publicity Release (where lawful) within indicated time period. Failure to comply with this requirement may result in disqualification and the Promoter reserves the right to select another entrant in accordance with the process set out in these terms and conditions (but Promoter shall have no liability should it choose not to do so).
- 23.Following the selection of the shortlist as described in paragraphs 20 and 21,shortlisted entries will appear in an online public gallery at www.themoderncraftproject.com. Shortlisted entries may also appear in the online version of Wallpaper magazineand Ketel One social media. By submitting an entry to the Modern Craft Project, you agree for it to possibly appear in the online public gallery and in the online version of Wallpaper magazine, with the understanding that Promoter will have no liability should the entry not appear in such media. Entrant releases and agrees to hold harmless Promoter and its agencies from any and all liability in conjunction with the quality of shortlisted entries as posted in the online public gallery and/or in the online version of Wallpaper magazine and/or Ketel One social media, with the understanding that the shortlisted entry as posted may differ from the material that entrant submitted as an entry due to technological, programming or other electronic malfunctions, errors or limitations. Further, Entrant agrees that Promoter and its agencies will (a) present shortlisted entries in any sequence, order or pattern which may or may not be varied one or more times in Promoter's sole discretion and (b) attribute entries to Entrants in a manner of Promoter's sole choosing. POSTED MATERIALS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL, SHORTLISTED ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF PROMOTER IN ANY MANNER. PROMOTER DISCLAIMS ANY LIABILITY IN CONJUNCTION WITH SCREENING OR MONITORING MATERIALS BEFORE POSTING THEM ON-LINE. PROMOTER WILL NOT EDIT MATERIALS PRIOR TO POSTING THEM ON-LINE.
- 24.The shortlisted entrants will be required to submit a profile (including a photograph) and answer various interview questions, upon Promoter's reasonable request. Entrants will be required to cooperate with the Promoter in a timely manner regarding the supply of photographs and the answering of interview questions, answering such questions in a truthful manner to the best of his/her ability. The Promoter will then create a profile of each of the shortlisted entrants to appear in an online Modern Craft Project Global Directory at www.themoderncraftproject.com. Entrants hereby consent for their personal data (including their photograph and any/all information they provide as part of the above interview) to appear in the online Modern Craft Project Global Directory at www.themoderncraftproject.com. Any shortlisted entrants may withdraw such consent by contacting the Promoter using the contact details at the top of these terms and conditions. Entrants acknowledge that the online Modern Craft Project Global Directory will be a publicly accessible website, and as such the Promoter accepts no responsibility for any unsolicited communications any shortlisted entrant receives from third parties as a result of his/her appearance in the online Modern Craft Project Global Directory. An entrant’s personal information or contact information will not be included in theModern Craft Project Global Directory.
- 25.You agree to indemnify the Promoter for any losses or liabilities it suffers or incurs as a result of any third party claim that any photos/videos, Works, and any other content and/or materials you submit as part of the Modern Craft Project infringe or are alleged to infringe the copyright, design right and/or any other rights of any third party.
Recipients of the Ketel One Legacy Prize Fund
- 26.There is a total prize fund available of $30,000 (referred to as the “Ketel One Legacy Prize Fund”).Prize(s) will be awarded in the form of a cheque made payable to the winner.
- 27.Within one (1) month, an international panel of experts (referred to as the “Global Panel”) will select between one (1) and three (3) entrants from the shortlisted entrants to eachreceive $10,000 of the Ketel One Legacy Prize Fund. (For the avoidance of doubt, those shortlisted entrants not selected by the Global Panel will not receive any prize and Promoter shall have no liability or obligation to such persons.)
- 28.The Global Panel will select the recipient(s) of a prize from the Ketel One Legacy Prize Fund based on the following criteria and applying the below percentage (%) weightings to each criteria:
- 29.The recipient(s) of the Ketel One Legacy Fund may, in the sole discretion of Sponsor, be invited to a closing event for the Modern Craft Project to take place in New York City in May 2013 at which their work will be celebrated. Sponsor may extend invitations to the closing event for the Modern Craft Project to some but not all recipient(s) of the Ketel One Legacy Fund (assuming that there is more than one (1) recipient.) Should Sponsor elect to extend an invitation to recipient(s) of the Ketel One Legacy Fund (it being understood that Sponsor is under no obligation to do so), the invitation may include one or more of the following: round-trip coach air travel from nearest winner’s residence to New York, NY, ground transportation between New York City area airport and hotel, ground transportation between hotel and venue hosting closing event; and hotel accommodations (standard, single occupancy). Invitation to closing event is for recipient alone, without a guest. Under no circumstances shall alcohol beverages be part of the closing event prize component. Recipient must conduct him/herself at all times in a socially responsible, respectful and appropriate manner; and, should recipient fail to do so, closing event prize component may be immediately terminated and the Sponsor may pursue other legal sanctions against the recipient. Securing necessary travel documents is the sole responsibility of recipient. Actual date of closing event (in May 2013) is at the sole discretion of Sponsor. If recipient is not available on such date, closing event prize component will be automatically forfeited without compensation of any kind.Approximate retail value of closing event prize component is $1,Retail value may vary depending upon point of departure. It is the recipient’s sole responsibility to arrange transportation to and from the airport nearest recipient’s residence and for any miscellaneous costs associated with acceptance/use of the closing event prize component (if and as applicable).
- 30.The recipient(s) of a prize from the Ketel One Legacy Prize Fund are encouraged to use their share of the Ketel One Legacy Prize Fund towards the practice and development of their craft as outlined in their entry to the Modern Craft Project.
- 31.The recipient(s) of a prize from the Ketel One Legacy Prize Fund will be required to take part in publicity and reasonable promotional activities relating to the Modern Craft Project (including without limitation being interviewed and providing updates on how he/she is using his/her prize from the Ketel One Legacy Prize Fund) for up to a year after the closing date for entries. By entering the Modern Craft Project, you agree to the use of your name, voice, image and likeness by the Promoter for such purposes, and in advertising and promotional material, in any media, without further compensation. Recipient(s) further agrees, upon Sponsor’s reasonable request and without further compensation, to sign additional documentation relative to the foregoing grant of rights.
- 32.Taxes, other transfers, incidental and any other expenses not stated in these terms and conditions are not included. Taxes on the value of the prize (including the invitation to the closing event for the Modern Craft Project, if offered by Sponsor) are the winner’s sole responsibility. Winner(s) will be issued an IRS Form W-9 and a subsequent IRS Form 1099.
- 33.The Promoter will not be responsible for the content of any material submitted by you, and you accept that (i) you will be responsible for ensuring that any material submitted does not infringe any third party rights (such as intellectual property rights) and (ii) you will be liable for any claims, losses, fines, penalties, costs or damages suffered or incurred by you or the Promoter as a result of any such infringement.
- 34.The Promoter reserves the right to substitute the Ketel One Legacy Prize Fund or any other opportunities referred to in these terms and conditions with an alternative prize of similar value.
- 35.If the Promoter is unable to contact any entrant for the purposes of either shortlisting the entrant or awarding a share of the Ketel One Legacy Prize Fund as referred to above, or if the Promoter discovers or has reasonable grounds to believe that the entrant is ineligible, the recipient’s entry is invalid, false, not the entrant’s original work, or fraudulent, or the entrant has otherwise failed to comply with these terms and conditions, the entrant may be disqualified, and an alternative entrant selected instead in accordance with these terms and conditions. (But, Promoter shall have no liability should it choose not to do so). Promoter further reserves the right to conduct a background check of any criminal records of the winner(s). To the extent necessary and permitted by law, winner(s) shall authorize this backgroundSponsor reserves the right, at its sole discretion, to disqualify prize winner(s) from any prize element, based on the background check.
- 36.The decision of the Promoter shall be final and no correspondence will be entered into. The Promoter reserves the right at any time: (i) to verify, or have a third party verify, that any entrant meets the eligibility requirements and has complied with these terms and conditions; and/or (ii) to disqualify any entry that fails to meet such eligibility requirements and/or otherwise comply with these terms and conditions.
- 37.The name of the judges and the winner(s) of prize(s) from the Ketel One Legacy Prize Fund will be made available at www.themoderncraftproject.com after April 15, 2013.
- 38.The Promoter assumes no responsibility for lost, unauthorized, misdirected, illegible, falsified, delayed or incomplete entries, all of which are invalid and void, or for difficulties experienced in submitting an entry to the Modern Craft Project, including as a result of any technical delay, failure or defect.
- 39.Entrants’ details and personal data will be used by the Promoter for the purposes of administering the Modern Craft Project and in accordance with all applicable data protection and privacy laws. By entering this Modern Craft Project, you consent to the use of your personal data by the Promoter as set out in these terms and conditions. The Promoter may pass entrants’ details to third parties either where the third party is acting on the Promoter’s behalf for the purposes of administering the Modern Craft Project and/or any subsequent publicity, and/or for the purposes of sending you the Promoter’s marketing materials (provided you have indicated that you want to receive any such marketing materials); and/or as otherwise required by law, in each case any such third parties will be required to use your personal data only in accordance with these terms and conditions. The Promoter will not pass your details to any third party not referred to in these terms and conditions or otherwise without your prior consent.
- 40.The Promoter shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Modern Craft Project at any time without notice or further obligation.
- 41.The Promoter reserves the right in its absolute discretion to extend the closing date for a reasonable period of time where none of the eligible entries received prior to the closing date have satisfied the above criteria sufficiently to be used and/or featured as described in these terms and conditions. Furthermore, in the event that the Global and/or Local Panel decide that none of the eligible entries satisfy the criteria in these terms and conditions sufficiently for the entry to be used and/or featured as described in these terms and conditions, the Global and/or Local Panel may at their discretion choose a winning entry based on the above criteria to receive a prize from the Ketel One Legacy Prize Fund however the relevant Work(s) may not appear in the online public gallery referred to above and, in such circumstance, the award of the monies from the Ketel One Legacy Prize Fund shall represent Promoter's sole liability or obligation to prize winner.
- 42.You agree that, to the extent permissible by law, the Promoter and its affiliates,(including Protein Ltd.) and their employees and directors, as well as Facebook, assume no liability for injuries, losses or damages of any kind to property (including the Works) or persons, resulting in whole or part, directly or indirectly, from entry into the Modern Craft Project, any acts or omissions of an entrant, or participation in the Modern Craft Project. Any/all Works submitted to the Modern Craft Project are submitted at the entrant’s own risk.
- 43.These Terms and Conditions constitute the entire agreement between you and us in relation to their subject matter and supersede any and all prior promises, representations, agreements, statements and understandings whatsoever between us.
- 44.These terms and conditions are governed by the laws of U.S. and are subject to the exclusive jurisdiction of the U.S. courts.
The Modern Craft Project is in no way sponsored, endorsed or administered by, or associated with, Facebook. By participating in the Modern Craft Project, you are providing your information to Promoter, not to Facebook.