Official Competition Rules

By entering the BC’S BEST YOUNG DESIGNER Contest (the “Contest”), you (“Contestant” or “you”) agree to the following terms and conditions (the “Contest Rules”). By providing any entries, whether Video Entries, Photo Entries, Written Entries or Design Entries (as defined below, and together, “Entries”) to the Contest, you signify that you have read, understand, and agree to the Contest Rules. Should you object to any term or condition of the Contest Rules, your only recourse is to not participate in the Contest.

All federal, provincial, and local laws and regulations apply to this contest and the Contest is intended to be construed and evaluated in accordance with such laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws.

No purchase is necessary to enter the Contest.

All material submitted to the website www.bestyoungdesigner.com becomes the property of Larco Investments Ltd.

SPONSORS

The Contest is sponsored by Larco Investments Ltd. (“Sponsor”).

TIME FOR ENTRIES

The Contest begins September 28, 2010, 2:01 a.m. Pacific Standard Time (PST) and ends February 28, 2011, at 11:59 p.m. PST.

All Entries for the preliminary entry stage (videos, photos or written entries explaining why you are BC’s Best Young Designer) (the “Preliminary Entries”) must be received by December 10, 2010, at 11:59 p.m. PST. Voting on Video Entries ends at December 10, 2010, 11:59 p.m. PST.

The fifteen Preliminary Entries with the most votes and the Contestants responsible for them (the “Top Fifteen”) will be announced on December 11, 2010. The six semi-finalists selected from the Top Fifteen will be announced on December 13, 2010 (the “Semi-Finalists”).

Semi-Finalists will have from December 13, 2010 until January 16, 2011 to complete their suite designs (the “Design Entries”). All Design Entries must be completed by January 16, 2011, 11:59 p.m. PST.

Voting on Design Entries commences January 19, 2011 and ends February 20, 2011 at 11:59 p.m. PST. Winners will be announced on February 28, 2011.

ELIGIBILITY

Contestants must be legal residents of British Columbia, Canada, and must have reached the age of majority in British Columbia as of the date of submitting a Video Entry. Contestants must not be over the age of thirty years old as of March 1, 2011.

Employees of Fingerprint Strategies Inc., Larco Investments Ltd., Elettra Communications Ltd., Spring Advertising Ltd., and each of their affiliates, subsidiaries, and agents, and their immediate family members (spouse, parent, child, sibling, and their respective spouses) or persons living in the same households of such individuals, whether or not related, are not eligible to enter or win a prize.

HOW TO ENTER

Please visit www.bestyoungdesigner.com (the “Website”) to register.

Log onto the Website and follow the online instructions to upload your Preliminary Entry in electronic form from your computer. Each Preliminary Entry to the Contest consists of a video to be no longer than 10 minutes in duration, explaining why you are BC’s Best Young Designer, or a photograph that illustrates why you are BC’s Best Young Designer or a written entry which explains why you are BC’s Best Young Designer. Each Preliminary Entry submitted is a separate Entry to the contest. Contestants may enter as many Preliminary Entries as they choose. However, Contestants are only eligible for prizes (as allocated below) and/or admission to the Design Entry stage, in respect of one Preliminary Entry, regardless of the number of Preliminary Entries submitted.

Each Entry, in its entirety, must be a single work of original material prepared by Contestant. By entering the Contest, Contestant represents, acknowledges, agrees, and warrants that the Entry is an original work created solely by Contestant. Contestant further represents and warrants that the Entry does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity, or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the Entry. Any Entry that infringes on any intellectual property rights of others may be disqualified.

The Entry must not, in the sole and unfettered discretion of Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content. Entries deemed inappropriate may be disqualified at the sole discretion of Sponsor.

Entries that include sculptures, statues, paintings, and other works of art will be accepted as long as they do not constitute copyright infringement or fraud (“Works”). Without limiting the foregoing, in the Preliminary Entry or the video journal portion of the Design Entry (which is deemed to form a part of the Design Entry), Works should either be incidentally and not deliberately included, or be Works which are permanently situated in a public place or building. Any Contestant submitting an Entry containing third-party Works must provide a contract as described below in “Third Party Releases/Licenses” if requested.

If an Entry includes other people, Contestant must provide a signed written personal release from all persons who appear in the Entry submitted authorizing use of the Entry as provided below in “Third Party Releases/Licenses.” If Contestant is unable to provide a personal release from all persons in the Entry, upon request by Sponsor and in the form provided by Sponsor, then the Entry may be disqualified.

All Entries will be judged in accordance with the Judging Criteria, as defined below.

Preliminary Entries must be made by the authorized account holder of the e-mail address at the time of the Preliminary Entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, internet domain owner, or other person or organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

CONTEST STAGES AND PRIZE DETAILS

Preliminary Entry Stage

THE TOP FIFTEEN AND SEMI-FINALISTS ARE REQUIRED TO EXECUTE THE FOLLOWING: (1) AN AFFIDAVIT OF ELIGIBILITY AND LIABILITY RELEASE; (2) WARRANTY OF OWNERSHIP; (3) LICENSE AGREEMENT; (3) PUBLICITY RELEASE; AND (4) ANY OTHER AFFIDAVITS AND/OR RELEASES OR ADDITIONAL DOCUMENTS THAT MAY BE REQUIRED BY PRIZE SUPPLIER(S), SPONSOR, OR BY MUNICIPAL, PROVINCIAL OR FEDERAL LAW OR ANY MUNICIPAL, PROVINCIAL OR FEDERAL GOVERNMENT BODY OR AUTHORITY. SEMI-FINALISTS, IN ADDITION, WILL BE REQUIRED TO EXECUTE AN AGREEMENT WITH SPONSOR REGARDING THE RULES AND REGULATIONS FOR THE DESIGN ENTRY STAGE.

UNLESS PROHIBITED BY LAW, THE TOP FIFTEEN AND SEMI-FINALISTS MUST SIGN THE REQUIRED DOCUMENTS NO LATER THAN 15 DAYS FROM THE DATE OF NOTIFICATION AND ANNOUNCEMENT OF THE TOP FIFTEEN IN ORDER FOR SPONSOR TO AWARD THE TOP FIFTEEN PRIZES, AND WITH RESPECT TO THE SEMI-FINALISTS, IN ORDER TO PARTICIPATE IN THE DESIGN ENTRY STAGE OF THE CONTEST AND FOR SPONSOR TO AWARD THE SEMI-FINALIST PRIZES.

NONCOMPLIANCE OR RETURN OF TOP FIFTEEN OR SEMI-FINALIST NOTIFICATION AS UNDELIVERABLE MAY RESULT IN DISQUALIFICATION AND, AT SPONSOR’S DISCRETION, SELECTION OF AN ALTERNATE TOP FIFTEEN CONTESTANT OR SEMI-FINALIST, AS APPLICABLE. SHOULD A POTENTIAL TOP FIFTEEN CONTESTANT OR SEMI-FINALIST NOT BE QUALIFIED, SPONSOR IS NOT OBLIGATED TO FIND AN ALTERNATIVE CONTESTANT.

Fifteen Contestants will be selected to be the Top Fifteen, as stated below in the Judging Criteria. Each of these individuals will receive as a prize a $100.00 gift card which may be used at any of the shops in the Morgan Crossing shopping centre.

Six Contestants from the Top Fifteen will be selected to be Semi-Finalists, as stated below in the Judging Criteria.

  • The Semi-Finalists will each receive as a prize a “Flip” camera (retail value, $179.00 each) (the “Flip Cameras”). The Semi-Finalists will also each be provided, for the Design Entry Stage, either with 5 direct deposits into the Semi-Finalist’s bank account or credit card account, each in the amount of $2,000,00, for a total of $10,000.00 for a 1 bedroom + den suite or 6 direct deposits into the Semi-Finalist’s bank account or credit card account, each in the amount of $2,000,00, for a total of $12,000.00 for a 2 bedroom suite (the “Deposits”), to be used solely for decorating the Morgan Crossing suite and completing his or her Design Entry, and access to a 1 bedroom + den suite or a 2 bedroom suite at the Morgan Crossing development (the “Suite”) to decorate, subject to and in accordance with the following rules:
  • Funds from the Deposit may only be used for purchases related to the Contest and the Semi-Finalist’s Design Entry. Semi-Finalist shall repay any funds from the Deposit spent on items not relating to the Contest and the Design Entry to Sponsor in full.
  • Any items used in the Design Entry or decoration of the Suite must be purchased (not rented, borrowed or on loan) and shall become the property of Sponsor.
  • Any money remaining on the Deposit at the end of the Contest must be turned over to Sponsor.
  • Semi-Finalists are not permitted to demolish walls, remove cabinets, flooring, backsplash, countertops, toilets, sinks or appliances that are already in the Suites.
  • The Semi-Finalists must use their Flip Cameras to keep a video journal of their decorating efforts and the process of completing their Design Entries; the video journals will be posted on the Website. Any videos made for the Contest on the Flip Cameras are the property of Sponsor; however, the Flip Camera may be kept by each Semi-Finalist following the Contest.
  • Under no circumstances may any Suite be used as a residence or occupied in any fashion by a Semi-Finalist or any other Contestant.
  • The Sponsor is providing access to the Suites to the Semi-Finalists only, and where necessary to the Design Entry, a reasonable number of assistants. Semi-Finalists are not permitted to make copies of keys, fobs, or access cards to the Suites or to the Morgan Crossing development, nor to hand over or lend the same to anyone else.
  • The Semi-Finalists will not damage common property or the Suites while moving furniture into the Morgan Crossing development or the Suites. They must contact the property manager to have the elevator properly protected for moving in furniture.
  • Each Semi-Finalist will indemnify Sponsor for any damage caused to the Morgan Crossing development, the Suite, or common property, by Semi-Finalist or his or her assistants, or otherwise arising out of Semi-Finalist’s participation in the Design Entry Stage, and will reimburse Sponsor for such damage immediately upon demand.

any CONTESTANT in violation of these rules will be disqualified from the contest

Design Entry Stage

THE FAN FAVOURITE AND GRAND PRIZE WINNER (AS DEFINED BELOW) MAY BE REQUIRED TO EXECUTE, IN ADDITION TO THE FOREGOING, AN ADDITIONAL: (1) AFFIDAVIT OF ELIGIBILITY AND LIABILITY RELEASE; (2) WARRANTY OF OWNERSHIP; (3) LICENSE AGREEMENT; (3) PUBLICITY RELEASE; AND (4) ANY OTHER AFFIDAVITS AND/OR RELEASES OR ADDITIONAL DOCUMENTS THAT MAY BE REQUIRED BY PRIZE SUPPLIER(S), SPONSOR, OR BY MUNICIPAL, PROVINCIAL OR FEDERAL LAW OR ANY MUNICIPAL, PROVINCIAL OR FEDERAL GOVERNMENT BODY OR AUTHORITY.

UNLESS PROHIBITED BY LAW, THE FAN FAVOURITE AND GRAND PRIZE WINNER MUST SIGN THE REQUIRED DOCUMENTS NO LATER THAN 15 DAYS FROM THE DATE OF NOTIFICATION AND ANNOUNCEMENT OF THE FAN FAVOURITE AND GRAND PRIZE WINNER, IN ORDER FOR SPONSOR TO AWARD THE PRIZES SET OUT BELOW.

NONCOMPLIANCE OR RETURN OF FAN FAVOURITE AND GRAND PRIZE WINNER NOTIFICATION AS UNDELIVERABLE MAY RESULT IN DISQUALIFICATION AND, AT SPONSOR’S DISCRETION, SELECTION OF A DIFFERENT FAN FAVOURITE OR GRAND PRIZE WINNER, AS APPLICABLE. SHOULD A FAN FAVOURITE OR GRAND PRIZE WINNER NOT BE QUALIFIED, SPONSOR IS NOT OBLIGATED TO FIND AN ALTERNATIVE FAN FAVOURITE OR GRAND PRIZE WINNER.

One Semi-Finalist will be selected as “Fan Favourite,” as stated below in the Judging Criteria.  The Fan Favourite will receive a $2,000.00 cash prize.

One Semi-Finalist will be selected as “Grand Prize Winner,” as stated below in the Judging Criteria.  The Grand Prize Winner will receive as a prize a one-week trip to New York City, N.Y. to attend the Architectural Digest Design Show in March of 2011. Approximate value of the grand prize (which includes airfare, transportation, accommodation, design show admission, and a reasonable, as determined by Sponsor, amount of spending money for the trip) is $8,000.00. The Grand Prize Winner may elect to take $8,000.00 as the cash equivalent to the grand prize in place of the grand prize. Only one Semi-Finalist will receive the grand prize, and there is only one grand prize.

All Prizes must be accepted as awarded and cannot be transferred, substituted or redeemed for cash, except where indicated with respect to the grand prize. Sponsor reserves the right, in its sole discretion, to substitute any and all of the prizes with a prize or prizes of equal value if a prize cannot be awarded as described. Sponsor will not be responsible if factors beyond the reasonable control of Sponsor prevent the prizes from being awarded or distributed.

VOTING AND JUDGING

Contest consists of two stages: the Preliminary Entry Stage and the Design Entry Stage.

In the Preliminary Entry Stage, the general public may cast votes for their favourite Preliminary Entries using the Website, and Contestants may encourage friends, family, and individuals to vote in their favor. Any use of automated software to digitally vote for Video Entries is strictly prohibited and the use of automated software may result in disqualification of Contestants. Voting for this stage ends at December 10, 2010, 11:59 p.m. PST.

The top 15 Video Entries selected by popular vote via the Website will be announced as the Top Fifteen; the Top Fifteen are then eligible for selection as Semi-Finalists by the judges.  The judges, a selection of media personalities, design professionals, and Sponsor representatives (collectively, the “Judges”), will each review the Top Fifteen Preliminary Entries, on the basis of creativity, design skill, knowledge, and experience, aesthetic taste, and originality, (the “Judging Criteria”) and will select the six Semi-Finalists from the Top Fifteen on that basis.

The Top Fifteen will be announced on December 11, 2010, and the Semi-Finalists will be announced on December 13, 2010.

The Top Fifteen and the Semi-Finalists will receive the applicable prizes as set out above, and the Semi-Finalists will be entitled to proceed to the Design Entry Stage.

In the Design Entry Stage, the Semi-Finalists, subject to the rules set out above, will have from December 13, 2010 until January 16, 2011 to complete their Design Entries. The general public will be permitted to view the completed Suites from January 19, 2011 until February 20, 2011, and may cast votes for their favourite Design Entries at ballot boxes located by the Suites or at the Morgan Crossing development sales centre (103-15775 Croydon Drive, Surrey, B.C.) until February 20, 2011, 11:59 p.m. PST.  In choosing their favourites, the general public may also view the video journals made by the Semi-Finalists and posted on the Website.  Semi-Finalists may encourage friends, family, and individuals to vote in their favor.

The Design Entry that receives the most votes from the public shall be determined to be the “Fan Favourite” and the responsible Semi-Finalist shall receive the Fan Favourite prize as set out above.

The Judges, based on the Judging Criteria, will select the best Design Entry, and the responsible Semi-Finalist shall be determined to be the “Grand Prize Winner” and shall receive the grand prize as set out above.

The Fan Favourite and the Grand Prize Winner will be announced on February 28, 2011.

Decisions of the Sponsor and Judges are final and binding. The odds of winning any of the applicable prizes depend on the number of Entries received; the number of votes cast for Contestant’s Video Entry; if selected as a Top Fifteen, the degree to which the Video Entry meets the Judging Criteria; and if selected as a Semi-Finalist, the number of votes cast for Semi-Finalist’s Design Entry, and the degree to which the Design Entry meets the Judging Criteria.

Sponsor reserves the right not to award all prizes in the event an insufficient number of eligible Entries meeting the minimum Judging Criteria are received, as determined by Sponsor and Judges in their sole discretion.

CONTESTANT LICENSES/RELEASES

If the Preliminary Entry or Design Entry contains any material or elements that are not owned by Contestant and/or which are subject to the rights of third parties, and/or if any persons appear in the Preliminary Entry or the Design Entry video journal (which is deemed to form a part of the Design Entry), Contestant is responsible for obtaining, prior to submission of the Preliminary Entry or Design Entry, as applicable, any and all releases and consents necessary to permit the exhibition and use of the Preliminary Entry and Design Entry in the manner set forth in these Contest Rules without additional compensation. If any person appearing in the Entry is under the age of majority in his or her province or territory of residence, the consent of a parent or legal guardian is required, evidenced by his or her signature on each release along with the minor’s.

By participating, ALL CONTESTANTS grant the Sponsor and its designees, licensees, or affiliates (the “Authorized Parties”) a worldwide, royalty-free, non-exclusive license through December 31, 2013 to post the Entries online so that the public may view all competing Entries. In addition, each FINALIST grants the Authorized Parties a non-exclusive, transferable, sub-licensable, royalty-free, perpetual license for use and reproduction of his/her winning Preliminary Entry or Design Entry and any derivative works created by Contestant, Sponsor, or any other individual in any media now or hereafter known for any use, including but not limited to: the Website, marketing and promotional materials for the Morgan Crossing development, and Sponsor.

THIRD PARTY RELEASES/LICENSES

Upon Sponsor’s request, each Contestant must provide a signed written personal release from all persons who appear in the Entries submitted, granting the Authorized Parties a non-exclusive, transferable, sub-licensable, royalty-free, perpetual license for any use of the Entries, including but not limited to: the Website, marketing and promotional materials for the Morgan Crossing development, and Sponsor.

In addition, upon Sponsor’s request, Contestant must provide a signed contract from the owner of intellectual property appearing in the Entries, including but not limited to any sculpture, artwork, trademark, or other material, granting the Authorized Parties a non-exclusive, transferable, sub-licensable, royalty-free, perpetual license for use of the work for any use, including but not limited to: the Website, marketing and promotional materials for the Morgan Crossing development, and Sponsor. Failure to provide such releases may result in disqualification and selection of an alternate Top Fifteen, Semi-Finalist, Fan Favourite, or Grand Prize Winner, as applicable.

COPYRIGHT COMPLAINTS

Sponsor respects the intellectual property rights of others and Sponsor prohibits Contestants from submitting any Entries that violate another party’s intellectual property rights. When Sponsor receives a legitimate notification of alleged copyright infringement, Sponsor will remove or disable access to the allegedly infringing material in its discretion. If you believe that any material in relation to the Contest infringes upon any copyright which you own or control, you may send a written notification of such infringement to Larco Investments Ltd., 3rd Floor – 100 Park Royal, West Vancouver, B.C. V7T 1A2, Canada.

RELEASE AND LIMITATION OF LIABILITY

By participating, Contestant agrees to irrevocably and unconditionally release, discharge, and hold harmless Sponsor, Fingerprint Strategies Inc., any entities providing prizes, and each of their respective partners, affiliates, subsidiaries, advertising agencies, agents, assigns, and their employees, officers, directors, and representatives from any claims, losses, and damages, including without limitation, harm, costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, infringement of rights of publicity or privacy, defamation,  or portrayal in a false light, whether intentional or unintentional, to any person or persons (collectively “Claims”), arising out of Contestant’s participation in this Contest or any Contest-related activities and the acceptance and use, misuse, inability to use, or possession of any prize or any part of any prize awarded hereunder, and from any and all Claims of third parties, and waives any and all causes of action, related to any Claims. In no event will Sponsor or its directors, employees or agents be liable to you or any third party for any direct, indirect, physical, consequential, exemplary, incidental, special or punitive damages, including, without limitation, any damages resulting from your entry into the Contest.

Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Entries; or alteration of Entries, or the failure of any Top Fifteen, Semi-Finalist, Grand Prize Winner, or Fan Favourite, to receive any notification from Sponsor.

Sponsor is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any Entry or any votes for Entries to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to Contestant’s or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to this Contest.  Nor is Sponsor responsible for any unauthorized entry to the Suites leading to damage or destruction of Design Entries.

WARRANTY DISCLAIMER

This Contest and all of the information in these Contest Rules is provided “as is” without warranty of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed. All prizes are awarded “as is” and without warranty of any kind, express or implied.

CONDITIONS

THIS CONTEST IS VOID OUTSIDE BRITISH COLUMBIA AND WHERE PROHIBITED BY LAW. Certain restrictions may apply. Entries are void if the Sponsor, in its sole discretion, determines the Entry was not created by Contestant or infringes on another’s rights. Entries are void if the Entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.

Contestant agrees (a) to be bound by these Contest Rules; (b) that the decisions of the Judges are final on all matters relating to the Contest; and (c) if he/she wins that Sponsor may use Contestant’s name, Entries, likeness, and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval. Any and all taxes, fees, and surcharges on prizes are the sole responsibility of the Contestant. In the event that the selected winner of any prize is ineligible or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another Contestant.

GOVERNING LAW, VENUE AND JURISDICTION

By participating in the Contest, Contestant agrees that the laws of British Columbia, and any applicable federal laws, will govern the Contest and any dispute of any sort that might arise between Contestant and Sponsor or any of Sponsor’s affiliates. Contestant agrees not to commence or prosecute any action in connection therewith other than in the courts of British Columbia, or the federal courts, if applicable, and Contestant hereby consents to, and waives all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of British Columbia, or the federal courts, if applicable.

PRIVACY

By entering this Contest, Contestant agrees to the collection and use by Sponsor of personal information (including name, email address, home address, telephone number, and likeness) for the purposes of administering, advertising and promoting the Contest and contacting and announcing the Top Fifteen, Semi-Finalists and Grand Prize Winner and Fan Favourite, and otherwise as indicated in these Contest Rules. Contestant’s personal information will not be provided to any third parties, other than as provided in these Contest Rules.

RIGHT TO CANCEL OR SUSPEND CONTEST

If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, strike, lock-out, labour trouble, shortage of materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, act of God or any other causes beyond the control of Sponsor that  corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, the voting process, or the Design Entries or attempt to deliberately undermine the legitimate operation of this Contest, to seek remedies and damages to the fullest extent permitted by law, and/or to cancel, terminate, modify, or suspend the Contest. If Sponsor elects to cancel or terminate the Contest, Sponsor will not retain any rights in the Entries, and Contestants agree that Sponsor is not liable for the failure to hold the contest or award any particular prize if such failure is due to circumstances beyond its control or as set out above.

ANNOUNCEMENT OF ADVANCING OR WINNING CONTESTANTS

The names of the Top Fifteen, Semi-Finalists, Grand Prize Winner and Fan Favourite will be available online at the Website as of the respective announcement dates set out above, and the Contestants listed will be contacted by email and/or telephone, if provided, on the respective announcement dates or within 48 hours of said date.

 

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