No Purchase Necessary
1. Sponsors. The Fabric8 competition (“Promotion”), presented by Moda Fabrics (“Moda Fabrics”), 13800 Hutton Drive, Dallas, TX 75267 and Spoonflower, Inc. (“Spoonflower”), 2810 Meridian Parkway, Suite 176, Durham, NC, 27713 (Spoonflower and Moda Fabrics, collectively, referred to as “Sponsors”).
2. Eligibility. Promotion is open only to persons who are 13 years of age or older as of Tuesday, August 18, 2015. In order to submit a design to the contest, each participant must also be a registered member of Spoonflower at the time of entry. To become a registered member of the Spoonflower website, individuals create an account, and agree to the Spoonflower website’s Terms of Service, set forth at http://www.spoonflower.com/terms (“Terms of Service”). Proof of age may be required. There is no fee or charge to become a registered member. Employees, officers, directors and representatives of Moda Fabrics and Spoonflower, and immediate family members (spouse and parents, siblings and children and their spouses) and persons living in the same households of each of the above are ineligible to participate. In order to participate you must be able to demonstrate to the satisfaction of the Sponsors that you do not have a current contract for fabric design or any other contractual arrangement that would prohibit you from fully participating in this contest or subsequent contracts requested by Moda Fabrics for merchandising and distribution of your designs on textiles.
3. Territories. The competition and its rules are void where prohibited by law. All federal, state, provincial and/or local laws apply. This Promotion is open to residents of any country, with the exception of residents of Cuba, Iran, North Korea, Sudan, Myanmar/Burma, Syria, and/or any other U.S. sanctioned country, and is void where prohibited by law.
4. Timeline. The Promotion submission period begins at 10:00 AM Eastern Time (“EDT”) on Thursday, July 9, 2015. The contest will close to new entries on Tuesday, August 18, at 6pm EDT. Between August 18 and August 25, 2015 the Sponsors will select 100 semifinalists from the pool of designs entered. Sponsors’ decisions on which entries become semifinalists will be final. Voting on the semifinalists will open at 10am EDT on August 27, 2015 and end at 6pm EDT on September 2, 2015. On September 3, 2015 eight finalists will be announced based on the designs that garner the greatest number of votes. All contest announcements will appear on the website www.fabric8contest.com. Finalists will be expected to develop a consistent collection of four fabrics, including their first design. Collections from finalists must be submitted and uploaded to Spoonflower by Thursday, October 1, 2015. Voting for the collections submitted for the final round will begin on October 8, 2015 and will end on October 14, 2015 at noon EDT. The winner will be announced on Thursday, October 15, 2015. Summary of contest timeline:
7/9/2015 - Open to entries
8/18/2015 - Last day to submit designs
8/18 - 8/25/2015 - Sponsors choose 100 semifinalist designs for voting
8/27- 9/2/2015 - Open voting begins on semifinalists
9/3/2015 - Eight finalists announced
10/1/2015 - Last day for finalists to submit collections
10/8- 10/14/2015 - Voting open on final collections
10/15/2015 - Winner announced
5. How to enter a design in Fabric8 competition. No purchase is necessary to enter or win. You must be a registered member of Spoonflower.com in order to enter a design submission for the Promotion. To register and to enter, visit www.spoonflower.com and fully complete all required fields on the online registration form as presented, then submit the online registration form and upload your design per the instructions below. There is no cost or fee to register or to enter. The contest is limited to one (1) design submission per person. The design theme for the initial round of submissions is artwork inspired by botanical sketches ("Botanical Sketchbook"). Based on questions we receive, we may post modifications or clarifications to the requirements on the Fabric8 website (www.fabric8contest.com), so please check back periodically. Designs must be original and cannot have been entered in previous Spoonflower contests. Previously entered designs may be disqualified and deemed ineligible to be selected. Multiple entries may be disqualified. To enter a design in the contest from a Spoonflower account:
a. Log in to Spoonflower. If you don't have an account, create one.
b. Once you have logged in to Spoonflower go to your design library. If you don't yet have any designs, upload the design you wish to enter.
c. Upload a design in PNG, JPG, TIF formats, or .AI, .EPS, or .SVG. Artwork should be sized at 150 dpi . Once uploaded, you can use the contest entry page to edit the repeat style of your fabric design. Please proof the size and layout of your design carefully. All contest fabrics will be previewed for voting using the ‘fat quarter’ view, which is at a scale that shows a 21” x 18” representation of fabric. Please make sure your design is in repeat. Do not choose the ‘centered’ layout option.
d. Pull down the Action menu over the design you wish to enter in the contest, and select Fabric8 2015 under the heading Enter in Contest.
e. Choose the layout option for your design, then click the button that reads "Enter in Contest". If you wish to change the size/dpi of your design or its repeat style, you can do so using the edit option on this page.
f. If you decide to enter a different design or make changes, you can withdraw a design by following the same steps, then entering a new design.
g. You can have only one design active in the contest at a time. Once the entry period closes, we will 'freeze' the submitted designs.
6. Ownership Of Submitted Designs. All design submissions will be subject to the Spoonflower's Terms of Service (http://www.spoonflower.com/terms) and the additional terms set forth below. Each entrant must be the rightful owner or have authorized use of the e-mail account associated with the e-mail address used to create the Spoonflower account. Limit one (1) person per e-mail address and one Spoonflower account per person. If more than one entry is generated by an individual, additional entries will be disqualified and ineligible for the Promotion. Entries and registration submissions that are inappropriate or in any way out of compliance with these Official Rules will be disqualified. Only the winning entry will be offered a licensing contract from Moda Fabrics. All other entries remain the property of the individual entrants. Design submissions will be accepted only through Spoonflower.com. Submissions by email, mail, on CD or through any other means will not be included for consideration. Designs submitted for voting must be public, but need not be available for sale. By entering the Promotion, you acknowledge that the design you submit is your own original work, has not been previously published, and does not contain any trademarks, logos, copyrighted material, or any other intellectual property belonging to any third party. You agree to sign any necessary documentation that may be required by Moda Fabrics to certify the use of the rights you granted above. You acknowledge that Moda Fabrics and Spoonflower reserve the right to decline to use the design for any reason. You understand that you will not receive any compensation or credit for use of your design, other than what is described in these Official Rules. If the Sponsors determine in their sole discretion that an Entrant has materially breached a representation or warranty at any time during the Competition, then the Entry will be disqualified.
7. Expectations of Entrants. The theme for the initial round of the contest is Botanical Sketchbook fabrics. Should an entrant’s design advance to the final round, he or she will be expected to submit three additional fabric designs as part of a collection. Contest winner will be expected to sign a contract to work with the team at Moda Fabrics to develop and finalize the collection and to prepare it for manufacture and marketing. Participants also grant Sponsors the right to use your name, image and/or likeness, and any biographical information that you provide to us, in connection with the Promotion or your design, in all media (now known or later developed), in any manner, throughout the world, in perpetuity, to promote the Promotion, Spoonflower or Moda Fabrics.
8. Ownership of winning design. Participants in this contest must agree to grant Moda Fabrics the option to purchase full ownership rights to their fabric collection should they win the contest, per the terms of the licensing contract that will be offered to the winner. Neither Spoonflower nor Moda Fabrics assert any rights over submitted designs not designated winners. Entrants are free to delete designs they have uploaded to Spoonflower at any time.
9. Expectations of Voters. Voting will be open to everyone via the contest page on Spoonflower.com. Votes by phone, email, or mail will not be accepted. Online voting will be restricted to one vote per person. Duplicate votes or votes for which Entrants have offered some incentive or compensation, as determined by IP address and other fraud-detection tools, will not be counted.
10. Similar Ideas. Each Entrant understands and acknowledges that: i) the Competition Entities have wide access to ideas, images, artistic works and other creative materials, and those new ideas are constantly being submitted to thereto and/or being developed by other individuals; ii) many designs or images may be competitive with, similar to, or identical to content in the Entry and/or each other in style, concept, rendering, or other respects; iii) Entrants will not be entitled to any compensation as a result of the Sponsors' use of any such similar or identical material that has been or may be received by any of the Competition Entities from other sources. Except where prohibited by law, each Entrant acknowledges and agrees that the Released Parties do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Entrant’s copyright in and to the Entries. Finally, each Entrant acknowledges that, with respect to any claim by an Entrant relating to or arising out of any Competition Entities' actual or alleged exploitation or use of any Entry or other material submitted in connection with the Competition, the damage, if any, caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek any injunctive or other equitable relief or in any way enjoin, otherwise interfere with, delay, or interrupt the production, distribution, exhibition, or other exploitation of any production based on, or allegedly based on, the Entry, and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
11. Prize. Winner will receive a contract with Moda Fabrics to produce and market his or her own fabric collection, a $1000 advance (minimum guarantee) against royalties for yards printed, paid upon signed contract, and a professional-quality Wacom digital drawing tablet valued at approximately $1000 (either the Cintiq 12WX Pen Display or a comparable model). Sponsors may have to select an item of equivalent value for non-US winners should this item not be available. The winner will be the collection that receives the greatest number of votes by the time contest voting closes at noon EDT on October 14, 2015. All top 8 finalists will receive $150 in Spoondollar credit. All decisions by the Sponsors as to eligibility of voters, votes, or submitted designs are final. All prize elements are subject to the contract signed between the winner and Moda Fabrics. No transfer, assignment, substitution or cash equivalent of any prize element will be permitted. Other expenses are not included and are winner’s sole responsibility unless indicated herein as being awarded. Winner is solely responsible for the reporting and payment of any applicable federal, state and/or local taxes on his/her prize. The actual value of royalties in the prize elements set forth above will depend upon the yards printed of the winner’s collection and the specific terms of the contract signed with Moda Fabrics. Winner agrees and acknowledges that Sponsors may share his/her name, address and other contact information with one or more third parties in connection with the awarding and/or delivery of the prize.
12. Contact. If you have any questions, please drop us a line here, or email email@example.com. The selected finalists and winner will be notified by e-mail (via the current e-mail address associated with selected winner’s Spoonflower account) according to the contest timeline above. Sponsors shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. In Sponsors’ sole discretion, a selected winner may be required to forfeit his/her prize and an alternate winner may be selected in accordance with these Official Rules from among the remaining eligible entries if such selected winner: (i) is unreachable or winner notification is returned as undeliverable; (ii) declines or cannot accept, receive or use the prize for any reason; or (iii) fails to comply with these Official Rules. A forfeited prize may not be awarded. If the winner is a minor, Sponsor will require additional documentation from winner’s parent or legal guardian.
13. General Conditions. By participating in this Promotion, each entrant agrees to be bound by these Official Rules and the decisions of the Sponsors, which are final and binding in all respects and cannot be appealed. By entering, each entrant agrees and acknowledges that Sponsors, and each of their respective parent companies, affiliates, divisions, subsidiaries, franchisees and advertising and marketing agencies, and each of their respective employees, officers, shareholders, directors, representatives and agents (collectively, “Released Parties”) are not responsible for and shall not be liable for: (i) late, lost, delayed, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries; (ii) telephone system, facsimile, technical or computer malfunctions, lost connections or transmissions, disconnections or other errors of any kind whether mechanical, human, electronic or otherwise relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion or the processing of entries; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses, costs, expenses or damages to person or property of any kind caused, in whole or part, directly or indirectly, by the prize or resulting from redemption, acceptance, possession, loss or use or misuse of any prize or from participating in the Promotion or any Promotion related activity; (v) inability to participate in the Promotion; or (vi) any printing, typographical, human, administrative or technological errors in any material associated with the Promotion. No more than the number of prizes stated in these Official Rules will be awarded. Sponsors reserve the right, in their sole discretion, to modify, cancel or suspend this Promotion (or any portion of the Promotion) should an error or a virus, bug, computer problem or other cause or problem corrupt or inhibit the administration, security or proper operation of the Promotion and, in such situation, to select the winner from the remaining eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by Sponsors in their sole discretion. In the event that Promotion is modified, cancelled or suspended, notification of such event will be posted at www.fabric8contest.com. Sponsors may prohibit an entrant from participating in the Promotion or winning a prize if, in their sole discretion, Sponsors determine entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrant or any representative of either of the Sponsors. Any attempt by a person to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent of the law. Sponsors have not made and/or are not responsible for any misrepresentation or guaranty, express or implied, in fact or in law, relative to the prizes.
14. Right of Publicity. By accepting a prize, winner agrees and acknowledges that the Sponsors and any of their designees may, without any limitation or further compensation, use his or her name, voice, biographical data and/or likeness in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for any commercial purpose including, but not limited to, advertising and promoting the Promotion or any other promotion, contest or promotion sponsored by one or both of the Sponsors, except where prohibited by law.
15. Technical Limitation of Liability. To the extent permitted by applicable law, neither the Sponsors nor any of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, legal and financial advisers, any and all companies associated with this Competition after these Official Rules are published, and each of their respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively “Released Parties”) are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the contest entry page or the Spoonflower website, for problems uploading any Entries or downloading or viewing any Competition-related materials from the Spoonflower website or the Fabric8 Contest website, or for late, lost, stolen, damaged, misdirected, incorrect, garbled, delayed, undelivered or incomplete Entries, or other materials, except to the extent resulting from the negligence of a Released Party. For purposes of these Official Rules, receipt of Entry occurs when the Spoonflower website’s servers successfully receive the uploaded design file and record the required Entry information via the contest entry instructions described above. Any Entry/Entrant information collected during the Competition shall be used only in a manner consistent with the consent given by Entrants, at the time of entry, with these Official Rules.
16. Limitations of liability. Sponsors disclaim any liability for damage to any computer system related to participating in, or accessing or downloading information in connection with the Promotion. Except where prohibited by law and to the extent that the negative consequences described below are the foreseeable result of matters within the Released Parties’ reasonable control and are the direct consequence of negligence or default by any of them, the Released Parties are not responsible for any incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Spoonflower website, for the inability to upload or download any Competition-related materials from Spoonflower, or for late, lost, damaged, misdirected, delayed, garbled, incorrect inaccurate, stolen, damaged, or incomplete Entries or votes.
17. Applicable Law. By entering the Promotion, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Promotion, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. All issues concerning the construction, validity and enforcement of these Official Rules, or the rights and obligations of the entrant and Sponsors, shall be construed and governed by the laws of the state of North Carolina, without regard to conflicts of law. All suits or claims brought in connection with this Promotion must be brought in a state or federal court in North Carolina.