Rules and Regulations

2019/20 COFO Design Challenge
OFFICIAL RULES


CONTEST
2019/20 COFO Design Challenge

SPONSOR
COFO Design Inc.

ELIGIBILITY
To be eligible for the Contest, you must be: (a) a legal resident of Ontario who has reached the age of majority in your province or territory of residence at the time of entry; and (b) either (i) a student enrolled in your last year of an interior design or industrial design program at an accredited Ontario college or university during the 2018-2019 academic year; or (ii) a recent graduate (within the last five (5) years) from an interior design or industrial design program at an accredited Ontario college or university.

Employees, officers, and directors (and members of their immediate families and the same household) of Sponsor, its affiliates (including, without limitation, its parent, sister and subsidiary companies), the Selection Committee, advertising or promotional agencies, suppliers of materials or services related to the Contest are not eligible to participate in any of the below sections of the Contest. For these Official Rules, “immediate family” means mother, father, sister, brother, son, daughter and spouse, including common law spouse, regardless of where they reside. Groups, clubs, organizations, businesses and commercial and non-commercial entities cannot participate.

You may use only one (1) email address to participate in the Contest.

CONTEST PERIODS

The Contest starts at 12:01 am (ET) on November 1, 2018 and closes at 11:59 PM (ET) on February 28, 2019 (the “Contest Period“). The Contest Period may be extended by Sponsor, acting in its sole and absolute discretion.

STEP 1 – Submissions will be accepted between 12:01 am (ET) on November 1, 2018 and 11:59 PM (ET) on February 28, 2019 (the “Submission Period”).

STEP 2 – Winner Selection will occur between February 28, 2019 and March 31, 2019.

The sole determinant of time will be Sponsor’s computer servers. At the sole and absolute discretion of Sponsor, any individual who is found to have participated in contravention of these Official Rules may be disqualified, along with some or all Submissions from such person during the Contest Period. Proof of transmission (screenshots or captures, etc.) does not constitute proof of receipt. Submissions or entries that are generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. Submissions or entries that are late, lost, stolen, illegible, contain false information, damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular, that have been submitted through illicit means or do not conform with or satisfy any or all of the conditions the Official Rules will be judged void. All Submissions and entries become the property of Sponsor upon receipt and none will be returned.

HOW TO ENTER

Sponsor is looking to foster the next generation of creative like-minded interior/industrial designers, collaborate, inspire and reward great work and give back to the design community. To enter the Contest, you must:

  1. submit an original design you created, that could be commercialized, of a product in one of the following specific categories:
    • seating (e.g. chair, stool, bench or ottoman);
    • tables (e.g. side, coffee or dining);
    • shelving (e.g. freestanding, wall mounted, ladder, shoe or book);
    • consoles (e.g. entertainment, music center or record organization) or,
    • accessories (e.g. planter stand, pet house or miscellaneous similar accessories)
  2. include your short biography, as set out below.

In particular, your submission must comprise the documentation set out in number 1 below, and be submitted in digital format in accordance with number 2 below (the “Submission”). All Submissions MUST be received during the Submission Period, and comply with the Rules regarding Submissions. There is no limit on the number of Submissions per person; however, a maximum of five (5) Submissions per entrant may qualify to win. Each Submission must comply with these Official Rules.

Documentation
Each Submission must include the following documentation:

  1. a completed Registration Form, which you may access by following the instructions on the email invite. The Registration Form includes name, home address, email address, design major, name of educational institution and year of graduation or anticipated graduation, your hometown and the web address of your social media sites if applicable. The Registration Form may be printed, completed by hand and scanned, or typed.
  2. a digital design story, in PDF format, of your completed Submission, which includes all details pertaining to the design, including a written explanation of your design, your inspiration for the design, what makes it original, as well as renderings, diagrams, measurements and any other specifications for the design, along with the proposed material(s) to execute the design (the “Digital Portfolio”). Logos, names, and brands should not appear on any page in the Digital Portfolio; and
  3. a brief biographical statement of no more than 250 words describing your background and interests, what influenced you to study in design, your type of design style, what Canadian design means to you and how you believe you will make a difference in the industry (your “Biography”). If you are confirmed a Winner, your Digital Portfolio and an abridged Biography of 100 words, as agreed upon between you and the Sponsor, will appear on Sponsor’s website (the “Short Biography”).

Submitting Your Submission
Follow the instructions and link in the email invitation to upload your Submission (including the Documentation, namely your completed Registration Form, Digital Portfolio and Biography) through our submission form. The file names of documents in your Submission Package must include your full first and last name, and COFOFW19, and the number of your submission (e.g. “FIRSTLASTNAMECOFOFW19Submission1” for your first submission, and ““FIRSTLASTNAMECOFOFW19Submission2” for your second submission). Once your Submission Package has been received by the Sponsor, you will receive a ‘Thank you your design has been received’ message by email. If you do not receive this email message, your Submission Package may not have been received.
By uploading or emailing your Submission Package, you agree to these Official Rules, and grant Sponsor permission to use your Submission in marketing materials related to the Contest, and if selected as a potential Winner, you hereby grant and agree to grant Sponsor an assignment of all rights to the design and to your Submission to commercialize the design and to display your Short Biography on the Sponsor’s website and in advertising materials promoting your design, as set out herein.

RULES REGARDING SUBMISSIONS (the “RULES”)

Terms and Conditions for Submission
Your Submission:

  1. must be your original design creation, to which you have all rights, and your true and accurate biography. Modifying, enhancing or altering a third party’s pre-existing work does not qualify as your original creation;
  2. must not violate the rights of any third party, or have been created in a manner that violates the rights of any third party. For example, your Submission must not infringe upon any person’s, entity’s or organization’s personal or proprietary rights, including but not limited to, intellectual property rights, or otherwise defame, infringe or violate publicity or privacy rights of any person, living or deceased, and you must not create your submission using unlicensed software;
  3. must not have been published previously, used commercially, submitted to another competition or contest, or have won any other award;
  4. must be in “good taste” and in keeping with Sponsor’s brand image and must not be explicit or offensive, as determined by the Selection Committee and/or Sponsor, in its or their sole and absolute discretion; and,
  5. must not contain any commercial content that promotes any product or service other than those offered by Sponsor.

Your right to submit a Submission must not be restricted in any way. Sponsor’s right to use the Submission and Submission Package shall not be restricted. You must be able to provide legal releases for unrestricted use of any Submission or any element of the Submission Package that includes a third party’s name, likenesses, or work (“Third Party Elements“) in a form satisfactory to Sponsor at the time of notification.

Rights to Submission
By submitting a Submission, you:

  1. warrant that the Submission Package:
    • complies with these Official Rules, and that your Digital Portfolio, including your design can be commercialized by Sponsor;
    • does not contravene or infringe on anyone else’s copyright or other intellectual property rights, is not false, inaccurate or misleading and does not violate any law or regulation;
    • is not libelous, threatening or harassing;
    • does not instigate others to commit illegal activities;
    • does not contain obscene, offensive or illicit content;
    • does not contain any viruses, worms, Trojans, or other form of corruptive code or content that may harm or compromise the proper conduct of the Contest; and,
    • was created legally, using licensed software or other tools;
  2. understand that your Submission may be made public, and you may lose rights or start a grace period to seek protection, for example, to file for industrial design or design patent protection;
  3. understand and acknowledge that Sponsor may already have developed a similar design or may develop a similar design in future, and agree not to take any action should you believe Sponsor has commercialized a product similar to your design without your permission or involvement;
  4. agree to not upload, download, distribute, disseminate, copy, reproduce your Submission or otherwise cause your Submission to be on any public website. If you do not win, you may exploit the design described in your Digital Portfolio after the Contest Period;
  5. if you are confirmed a winner, in exchange for being awarded a Prize, and without further compensation, you:
    • hereby grant and agree to grant Sponsor, its successors and assigns an irrevocable assignment of any and all rights, title, and interest in and to your Digital Portfolio, including any and all rights and interest in your design. Without limiting the generality of the foregoing, this assignment is intended to grant Sponsor the sole right to commercialize and promote the design and the resulting product, and you acknowledge and agree that Sponsor may register, in its own name, industrial design, patent and/or trademark protection in relation to the Submission;
    • to the extent that any right you may have in your Submission cannot be so assigned, you agree to irrevocably waive any and all such rights in favour of Sponsor, its successors, assigns, or any party acting under their respective authority, including any moral rights that may have accrued to you as an author of your Submission, along with your privacy, publicity and personality rights. Sponsor shall be permitted to use any or all elements of your Submission in marketing, advertising and promotional materials, without notice or further compensation to you, or any other third party;
    • waive any claim you may have in future in relation to the Submission against Sponsor, its successor or assigns, or any party acting under their respective authority;
    • hereby grant and agree to grant Sponsor, its successors and assigns an irrevocable, perpetual and sub-licensable right and license to publish, display, use and/or modify your Biography and Short Biography in any media, including on Sponsor’s website; and,
    • agree to sign an assignment, waiver and release to perfect the foregoing (“Assignment and Waiver of Rights”) to be confirmed a winner, and to otherwise, do all such things and to execute without further consideration such further assurances, applications, assignments, waivers and other instruments as may be requested by the Sponsor to vest all such rights in your Submission, in whole or in part, in the Sponsor, its successors or assigns, and to obtain any registrations in connection with your Submission in the name of the Sponsor, its successors or assigns.

Sponsor reserves the right to reject any Submission that Selection Committee or Sponsor, in its or their sole and absolute discretion, determine does not meet these Rules.

WINNER SELECTION AND CONFIRMATION

SELECTION COMMITTEE

The selection committee will be comprised individuals who are either employees of Sponsor and/or its promotion agency or selected industry professionals (the “Selection Committee”). Decisions of the Selection Committee are final and binding on all matters relating to this Contest.

SELECTION CRITERIA

Phase 1: Commercial Viability. The Selection Committee will review and determine whether Submissions are commercially viable, including that the product can be produced cost effectively. Only commercially viable designs, as determined by Selection Committee in its sole and absolute discretion, will proceed.

Phase 2: Selection Criteria. The remaining Submissions will be scored based on the following criteria, and up to a total of 100 points may be awarded to a Submission (together, the “Criteria“):

  1. Degree of Innovation: 30 points
  2. Style and Aesthetic Quality: 30 points
  3. Emotional Content and Purpose: 10 points
  4. Functionality and Usefulness: 15 points;
  5. Social and Environmental Responsibility: 15 points

The selection process will commence on March 1, 2019 and conclude on March 31, 2019. In the event of a tie, the tied Submissions may be judged according to the Criteria as set out above by an additional Selection Committee member who will serve as the tiebreaker. The Selection Committee and/or Sponsor also reserves the right to increase the number of potential Winners. The Selection Committee may select up to five (5) Submissions from one entrant.

POTENTIAL WINNER SELECTION

The five (5) Submissions that are awarded the highest score by the Selection Committee will be selected as potential Winners, and each potential Winner must be confirmed a Winner to receive a Prize (see “Winner Confirmation” below). (As noted, the Selection Committee and/or Sponsor reserves the right to increase the number of potential Winners to more than five (5).) Odds of your Submission being selected depend on the number and quality of Submissions received. If your Submission is not selected as a potential Winner, you have no recourse, regardless of whether your Submission is similar in content or likeness to a Winner.

WINNER CONFIRMATION

Each potential Winner will be contacted by email or telephone within three (3) business days after the Selection Committee has selected the eligible five (5) potential Winners. To be confirmed a winner, you must: (i) reply to potential winner notification within the indicated time frame by email, mail, courier or telephone; (ii) be in full compliance with these Official Rules; (iii) sign and return via registered mail, express mail or courier delivery within indicated time frame of it being sent, Sponsor’s Declaration of Compliance with these Contest Rules, Assignment and Waiver of Rights, and a Release of Liability and Publicity Release form (“Prize Form“); and (iv) if requested, provide your student identification or other proof of your enrollment or attendance at an accredited college or university in Ontario. If any eligible potential Winner cannot be contacted and confirmed a winner as above, he/she may be disqualified at the sole and absolute discretion of the Sponsor and/or Selection Committee, his/her entitlement to receive a Prize will be forfeited, and awarded to an alternate eligible entrant, and in particular, the Submission with the next highest score determined by the Selection Committee will be notified and the above process will be repeated until at least five (5) Submissions have been confirmed as Winners, or there are no Submissions remaining. Selected winner may refuse the Prize, in which case, Sponsor may select an alternate potential Winner. No correspondence will be entered into except with potential Winners. Within sixty (60) days of receiving a signed Prize Form, Sponsor will begin to work with Winner to fulfill the Prize.

PRIZES

There are five (5) prizes available to be won (each a “Prize”),each consisting of:

  1. $500.00 CDN, which will be issued in the form of a cheque payable in the Winner’s name as it appears on his/her Registration Form;
  2. the development and manufacture of a prototype product based on the Submission (the “Product”). The Sponsor will collaborate with the Winner to execute the design depicted in the Digital Portfolio to create the Product, with all final decisions regarding the Product being at the Sponsor’s sole and absolute discretion. The intent is to permit the Winner to see his/her design come to life, and be exposed to hands on experience and educated throughout the product lifecycle;
  3. the Product will be made available for sale on the Sponsor’s website at www.cofodesign.com for a minimum of a one (1) year period as part of a seasonal collection and catalogue, with the retail price of the Product being set by Sponsor at its sole and absolute discretion; and
  4. promoting the Winner on the Sponsor’s website in association with the Product, including the Winner’s Short Biography and Digital Portfolio, for a minimum of a one (1) year period;
  5. a royalty of three percent (3%) of the retail price from Sponsor’s sale of the Product for a maximum of five (5) years after the Product is first offered for sale, to be paid annually to the Winner, and issued in the form of a cheque payable in the Winner’s name as it appears on his/her Registration Form, or as otherwise agreed by Winner and Sponsor. In particular, royalties will be paid to the Winner on an annual basis, on or about April for the prior year ending December 31st, along with an accounting of sales for the prior year, showing how the royalty was calculated by Sponsor, unless otherwise agreed by Winner and Sponsor. Sponsor has sole and absolute right to calculate royalties. Winner has no right to an audit. If no sales are made of the Product, Winner shall not receive any royalty payments.

Approximate retail value of each Prize is dependent on several factors, including the actual retail price of the Product as determined by Sponsor in its sole and absolute discretion, the number of units of the Product that are sold, if any, and the length of time the Product is available. Accordingly, the approximate retail value of each Prize may differ. The Sponsor guarantees only that the Product will be made available for sale on the Sponsor’s website as part of a seasonal collection for a one (1) year period. The Sponsor may, in its sole and absolute discretion, make the Product for sale through other retail outlets, or for a longer period of time, but is under no obligation to do so. Prize is not transferable, and must be accepted as awarded. In the event that a component of the Prize cannot be awarded, it shall be forfeited.

RELEASE OF LIABILITY CONSENT TO PUBLICITY

By completing and returning the Prize Form, and accepting a Prize, the winner: (i) confirms compliance with the Official Rules; (ii) provides the Assignment and Waiver of Rights to irrevocably assign and waive any and all rights in his/her Submission as set out herein; (iii) acknowledges that the Prize is not transferable, and must be accepted as awarded; (iv) consents to the use of his/her name, address (city and province), photographs, image or illustration submitted, Biography, Short Biography, statements regarding the Contest or the Prize and/or voice, without further remuneration, in connection with any publicity carried out by or on behalf of Sponsor with respect to the Contest and/or the Submission in any media whatsoever; and (v) releases Sponsor, its affiliates (including, without limitation, its parent, sister and subsidiary companies), advertising and promotional agencies, the Selection Committee, suppliers of materials or services related to the Contest and all of their respective shareholders, directors, officers, employees and agents (collectively, the “Releasees“) from and against all liability in connection with the Contest and/or the awarding, use and/or misuse of a Prize, including, as set out below in the LIMITATION OF LIABILITY section.

LIMITATION OF LIABILITY

The Releasees do not assume any responsibility for, and by entering, you release the Releasees from any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with your participation or attempted participation in the Contest, including, without limitation the administration of the Contest, the submission, publication, manufacture or commercialization of your Submission, the selection and confirmation of winners, and the arranging, awarding, use and/or misuse of all or part of the Prize. Without limiting the generality of the forgoing, the Releasees are not responsible for (i) the incorrect or inaccurate capture of entry information; (ii) late, lost, stolen, illegible, contain false information, damaged, misdirected, mutilated, garbled or incomplete Submissions, Submissions, that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of the Official Rules; (iii) any loss, damage, or claims caused by the awarded Prize or the Contest itself; (iv) any failure of any website connected to the Contest during the Contest Period, including, without limitation, any problems, human or technical, printing errors, lost, delayed, garbled data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or computer lines, technical malfunctions of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an individual’s or any other person’s computer related to or resulting from participating in or downloading any material connected to the Contest, all of which may affect a person’s ability to participate in the Contest; (v) any errors, omissions, incorrect or inaccurate information in any Contest-related materials, including, without limitation, printing or advertising errors or failure of, or problems with any equipment or programming associated with or used in the Contest howsoever caused; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer “hackers” or otherwise; (vii) any claims regarding the accepting, arranging, awarding, use or misuse of any Prize; and (viii) any claims in any way related to the publication, manufacture, commercialization or other exploitation of your Submission, including without limitation any loss of rights associated therewith. Submissions, entry material/data that has been tampered with or altered is void.

CONDITIONS OF ENTRY

By entering the Contest, you agree to read and abide by these Official Rules and the decisions of the Selection Committee and Sponsor, made in their sole and absolute discretion, which shall be final and binding in all matters relating to this Contest and the awarding of a Prize. Individuals who have not complied with these Official Rules are subject to disqualification. You further agree to abide by any decisions of Sponsor in relation to Submissions selected as a Winner, and if selected as the Winner, in relation to Winner confirmation, and any manufacture, commercialization or other exploitation of your Submission by Sponsor, its successors and assigns.

UNSPORTSMANLIKE CONDUCT

Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual that it or Selection Committee finds to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest or the Contest Website; (c) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person or (d) attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. If Sponsor suspects that an individual has engaged in an unsportsmanlike or disruptive manner, the individual will be contacted as soon as practicable. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE CONTESTS.

DISPUTE REGARDING THE IDENTITY OF AN ENTRANT

An eligible Winner will be the person who registered and who submitted the Submission. If a dispute arises regarding who submitted a Submission, the entry will be deemed to have been submitted by the named student or recent graduate that corresponds with the full name on the Registration form, and be subject to verification by the college or university named on the Registration form, and if deemed necessary by Selection Committee and/or Sponsor, along with government-issued identification. If the college or university cannot verify the identity of the student to accord with the full name on the Registration form and/or the eligible Winner cannot provide government-issued identification, the Submission may be disqualified at the Selection Committee and/or Sponsor’s sole and absolute discretion.

GENERAL

This Contest is void where prohibited by law and is subject to all applicable federal, provincial and municipal laws and regulations. Sponsor reserves the right to terminate, modify, or suspend this Contest or to amend the Official Rules at any time and in any way, without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the Contest is not capable of running as originally planned, for example as a result of tampering or infection by computer virus, Sponsor reserves the right to terminate the Contest and conduct a random draw or selection process from all previously received Submissions and/or to award only the $500 component of the Prize.

RULES GOVERN

In the event of any discrepancy or inconsistency between the Official Rules and disclosures or other statements contained in any Contest related materials, the Official Rules shall prevail, govern and control.

CONSENT TO USE PERSONAL INFORMATION

Sponsor respects your right to privacy. By participating in this Contest you consent and agree to Sponsor’s collection and use of your information to administer this Contest in accordance with its privacy policy found at www.cofodesign.com. Some information provided with your Submission will be publicly viewable, including your name and Short Biography. If you consent, Sponsor may also use your information to contact you with promotions, such as draws, interactive features and contests similar to the Contest, promote opportunities to subscribe to Sponsor newsletters and promotional clubs, notify you about programs and special events. You may withdraw your consent at any time by following the unsubscribe link contained in the communication.

For the names of Contest winners, visit www.cofodesign.com after March 31, 2019.