Milliken-Ontera Competition Terms & Conditions
1. COMPETITION
(a) Milliken-Ontera and the Designers Institute of New Zealand Inc (“DINZ”) offer the To the Floor 2020 (“Competition”), subject to these Terms and Conditions (“Terms”).
(b) By submitting an entry to the Competition, you agree to be bound by all of these Terms. If you do not agree to these Terms, you are not authorised to participate in the Competition and must not submit an entry.
(c) You acknowledge that you will be solely responsible for ensuring compliance with these Terms and any associated laws relating to your participation in the Competition. Such compliance will not be the responsibility of Milliken-Ontera or DINZ.
2. CONDITIONS OF ENTRY
(a) We are under no obligation to select a winning entrant (“Winner”) of the Competition, and may elect to reject all entries.
(b) Except forclauses 4-9 of these Terms, no legal or other obligations shall arise on, or be imposed upon or bind, Milliken-Ontera or DINZ in relation to the conduct or outcome of the Competition.
(c) If an entry contains a defect or fails in some way to comply with the requirements set out in these Terms, we may (in our sole discretion) waive the defect and accept the entry.
3. ENTRY ELIGIBILITY AND REQUIREMENTS
(a) Entries can be submitted by either an individual or a group of individuals (entries cannot be entered under the name of any design house, company or studio).
(b) Entrants (including all members of a group) must be New Zealand residents. Employees of Milliken-Ontera and DINZ are not entitled to enter the Competition.
(c) More than one entry may be submitted by an entrant. Where an entrant submits multiple entries, each must be submitted separately.
(d) Entries must be:
- (i) Submitted electronically on the DINZ website and adhere to any technical specifications notified on that website;
- (ii) Accompanied by the entrant’s full name(s), physical address, email address, phone number and GST registration number (if any); and
- (iii) Entries must be received before 6.00pm NZST on the specified closing date as published, unless stated otherwise by the Organisers.
(e) If an entry is submitted by a group, then the group must nominate a representative person. Milliken-Ontera and DINZ shall communicate with the nominated representative (and if no such representative is nominated, then a member of the group chosen by Milliken-Ontera and DINZ) and that person shall have sole and complete authority to represent the group for all purposes relating to the Competition, including (if the group is the Winner) payment of Royalties.
4. INTELLECTUAL PROPERTY RIGHTS
(a) All Intellectual Property Rights in the entries will remain the property of the entrant.
(b) By submitting an entry you warrant that:
- (i) All elements of the entry are your own, original work; and
- (ii) You own or are lawfully authorised to use any Intellectual Property Rights in the entry, which does not otherwise infringe the rights of any third party; and
- (iii) Milliken-Ontera and DINZ are fully entitled to use that entry without restriction, for the purposes of the Competition.
5. PRIVACY ACT 1993 AND PERSONAL INFORMATION
(a) Milliken-Ontera undertakes to hold your personal information securely, in accordance with the Privacy Act 1993 and our General Data Protection Policy, available here. We will not pass any personal information on to any other third party unless demanded and required under the laws of New Zealand. You may access and correct any personal information we hold for you.
(b) You agree that we may use your contact details to inform you from time to time about future events, competitions and other activities of Milliken-Ontera which may be of relevance to you.
6. RIGHTS AND RESPONSIBILITIES OF WINNER
(a) The Winner will be selected by a panel of judges (“Judging Panel”). The Judging Panel’s determination of the Winner will be final and no correspondence will be entered into. The Winner will be notified by email, phone or post. Where ongoing and reasonable attempts to contact the Winner fail, the award will be deemed as forfeit and the Judging Panel will select another winner.
(b) The winning entry (“Winning Design”) will be used to produce a product which will be marketed and sold glabally by Milliken-Ontera. The Winner grants Milliken-Ontera an irrevocable, transferrable, exclusive (except as permitted by us in writing) licence over the Winning Design. The licence will be perpetual and will terminate only at the cessation of production of the Winning Design, which will be decided at our sole discretion (we will notify the Winner when production ceases). We do not guarantee any minimum production period or volume for the Winning Design.
(c) The Winner:
- (i) Acknowledges and accepts that we do not guarantee a minimum production period or volume for the Winning Design;
- (ii) Will be attributed as the Competition Winner in announcements and other publicity arranged by us;
- (iii) Must (at our expense) participate in the preparation of any publicity that may be required by us, in which the Winner will be attributed;
- (iv) Must (at our expense) sign all documents as reasonably required by us to ensure our rights to use and produce the Winning Design in accordance with these Terms;
- (v) Is solely responsible for payment of any tax obligations arising from the Royalties; and
- (vi) Waives any claims to any other payment, attribution, right or remuneration (except as expressly provided for in these Terms).
7. ROYALTIES
For the duration of production of the Winning Design, we will pay to the Winner quarterly royalty payments at a rate of 3% of net revenue from product sales (“Royalties”). Milliken-Ontera will calculate the Royalties payable for the preceeding quarter and notify the Winner of such amount. The Winner must subsequently produce and submit an invoice to us for the amount notified (including provision of payment details), which will be paid by us within 14 days of receipt.
8. RIGHTS AND RESPONSIBILITIES OF MILLIKEN-ONTERA AND DINZ
To the fullest extent permitted by law, Milliken-Ontera and DINZ will not be liable for any loss or damage whatsoever resulting from your participation in the Competition.
We reserve the right to:
(a) Amend, vary, extend or discontinue the Competition and/or these Terms at any stage, for any reason;
(b) Exclude any person from participating in the Competition on reasonable grounds; and
(c) Refuse or revoke any award to an entrant who we decide (in our sole discretion) has violated these Terms, gained unfair advantage in participating in the Competition or won using fraudulent or improper means.
9. GOVERNING LAW
The laws of New Zealand apply to these Terms and your participation in the Competition. You agree to submit to the non-exclusive jurisdiction of the New Zealand Courts.
10. DEFINITIONS
In these terms and conditions:
“Intellectual Property Rights” means any patents, copyright, designs, and any other right granted by the operation of law which confers protection on any written or artistic work created by intellectual effort and all associated intangible assets created as a by-product.
“we”, “us”, “our”, “Milliken-Ontera” means Milliken Australia Pty Ltd and its group (including its subsidiaries, ultimate holding company and affiliates).
“you”, “your” means the person submitting the entry to the Competition, including the Winner.
