By agreeing to the terms available at www.localmotors.com/dominosTerms, and in consideration of the evaluation of your vehicle design submission (the "Design") by Local Motors, Inc. and/or its subsidiaries and affiliates (collectively, "Local Motors") and Domino’s Pizza LLC and/or its subsidiaries, affiliates and independent franchisees (collectively, “Domino’s Pizza” and hereafter referred to as “Sponsor” or “the Sponsor”) for possible use as part of a vehicle, a scale model or toy, clothing, wall graphics, and other items and/or as copy on a Local Motors, Inc. or Sponsor website or promotional materials (the "Items") as described in more detail below, you agree to the following terms and conditions (the "Design Submission Terms and Conditions"):
To Enter: No purchase or payment is necessary to enter this design contest, the Ultimate Delivery Vehicle Challenge (the “Contest”). The Contest consists of a series of five (5) individual competitions (each, a “Competition”) as set forth in the chart below:
|Design||8/13/12 – 9/23/12|
|Packaging||10/31/12 – 11/14/12|
|Interior||11/27/12 – 12/18/12|
|Surfacing||1/10/13 – 2/10/13|
|Rendering||2/11/13 – 2/22/13|
The first submission, Design Competition Submission Phase, of the Contest listed in the chart above begins at 08:00 a.m. Eastern Time (“ET”) and ends at 11:59 p.m. ET on the end date listed. All other subsequent submission phases of the Contest listed in the chart above begin at 12:00 p.m. Pacific Standard Time (“PST”) and end at 11:59 p.m. ET on the end dates listed. Local Motors computer is the official time keeping device for the Contest.
To enter any Competition within the Contest, you must complete and submit the online form located via http://localmotors.com/dominos (or such other web page as may be designated by Local Motors) within the time period and by the specific submission date stated therein. In addition to the required identifying information, an entry must include an eligible Design. For a Design to be eligible, it must not have previously won any award or prize in a commercial contest prior to submission in this Contest or have been entered in any other commercial competition or contest where its entry would permit that contest or other entity any legal claim or rights to the Design. Any late, lost, misdirected, incorrect or incomplete entries will be disqualified and Local Motors and the Sponsor (and their agents) will not be responsible for such entries. In addition, Local Motors reserves the right to decline to select or disqualify a Design for consideration for any reason, including but not limited to poor design, indecent or profane content incorporated into the Design or violation of the Design Submission Terms and Conditions, as further explained in the "Decline Reasons" page of the Local Motors website (currently located at http://local-motors.com/static.php?p=decline_reasons), which location and the reasons contained therein may be subject to change from time to time for particular Competitions. Designs will not be returned to entrants. You may submit more than one Design for consideration in each of the Competitions that comprise the Contest. You understand that Local Motors receives numerous submissions, many of which are similar to one another (and may be similar to your Design). Local Motors does not wish to receive any Design that you wish to treat as confidential or proprietary, so please do not submit anything of that nature to Local Motors and expect that it will be held in confidence by us or anyone else to whom Local Motors is expressly permitted to disclose the Design under these Design Submission Terms and Conditions.
In the event of a dispute regarding any Design, the authorized account holder of the email address used to register will be deemed to be the entrant or participant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being an authorized account holder.
Eligibility and Indemnity: This Contest is open only to individuals who are at least age eighteen (18) years of age or older at the time of entry. Employees of Local Motors, the Sponsor and any of their parent and affiliate companies as well as members of their immediate family (spouse, parents, siblings and children) are not eligible. Additionally, individuals who work for a major automotive or design firm, make sure you know and fully understand your contractual obligations to your employer. Local Motors and the Sponsor claim no responsibility of any kind for any type of conflict of interest. Any conflict of interest in this area may void your status as a winner if you are chosen as a finalist or winner in the Contest. This Contest is subject to all applicable foreign, domestic, federal, state, provincial, territorial and local laws and regulations and is void where prohibited or otherwise restricted by law, including but not limited to any jurisdictions with laws that would require any registration, disclosure, filing, trust account, or posting of a bond, or any other requirements, that are not satisfied by these terms and conditions. To be eligible, you must agree to abide by the Design Submission Terms and Conditions and be bound by all Local Motors and Sponsor decisions relating to this Contest, which are final and binding in all respects, including but not limited to Local Motors' and Sponsor's determination of the winner. You will indemnify, defend and hold harmless Local Motors (and its employees, agents, and Local Motors websites' community members), and the Sponsor (and its employees, agents, and independent franchisees) against all claims, losses, expenses, damages and liabilities arising from or based on any breach by you of these Design Submission Terms and Conditions.
Entrant Representations and Warranties: By submitting any Design, you represent and warrant that: (i) you are the sole owner of all rights to the Design, which was created without any suggestion or request from any third party, and any development, use, production, distribution or other exploitation thereof will not infringe, misappropriate or violate any intellectual property or other right of any person or entity; (ii) you are not, and will not be, violating your obligations or any rights of any third party by providing the Design or complying with your obligations hereunder; (iii) you have not previously licensed, sold, commercialized, transferred or assigned the Design to another person or entity; (iv) the Design must not disparage Local Motors, the Sponsor or any other person or party affiliated with the promotion and administration of this Contest; (v) the Design must not feature brand names or trademarks other than those of the Sponsor which entrant has not obtained a limited license to use to incorporate into his/her Design for this Contest; and (vi) you have the full right to provide Local Motors and the Sponsor (where applicable) with the assignments and rights provided for herein.
Restrictions on Use of Submitted Designs: In submitting your Design, you agree not to reproduce, adapt, display, or distribute, sell, or submit to others the Design for any commercial purpose, or enter the Design in another competition or contest for ninety (90) days after the end of the designated submission period (i.e., while the Design is being evaluated by Local Motors and the Sponsor). Notwithstanding the foregoing and for the avoidance of doubt, especially if you are a student but also for any other designer, you always retain the right (including during such ninety (90) day period) to include the Design in your personal portfolio for purposes of securing employment. Once the ninety (90) days have passed, even if your Design has not been selected as the winner by Local Motors and the Sponsor, Local Motors and the Sponsor may still choose to continue to use your Design for marketing purposes (e.g., on their respective websites or on television, or in email or printed media) pursuant to the license granted above; however, you are free to use the Design for any commercial or non-commercial purpose and to request that Local Motors and the Sponsor stop using the Design by notifying Local Motors by email at email@example.com. Following receipt of your notice, Local Motors and the Sponsor agrees to use commercially reasonable efforts to remove your Design from their websites and all of their marketing materials in as timely a manner as possible; however, you acknowledge and agree that Local Motors and the Sponsor are not obligated to remove Designs from, and retains a limited right to use the Designs in, their existing marketing materials, including without limitation where such removal would be impractical (such as in printed media and television that has already been distributed). In addition, if your Design is to be used elsewhere, you cannot use the Local Motors web community (created through, for example, Car Chat and blogs) (the "Community") to promote the Design or the person or entity using the Design. You further agree not to use the Community to promote the products and/or services of any person or entity that operates in competition, directly or indirectly, with Local Motors. Local Motors reserves the right to choose your Design as the winner even after the ninety (90) day evaluation period has passed, on the condition that the Design has not yet been used for commercial purposes.
Invalid Competition: If a minimum of 10 approved Designs are not received in a given Competition, then the Competition will be considered invalid, and no winner will be selected and no Prize awarded for that Competition.
Winner Selection: Winners will be determined according to the process set forth below. The winning entry(s) for each Competition will be selected by Local Motors and the Sponsor, in their sole discretion, and the decisions of Local Motors and the Sponsor are final. For select Competitions, a voting phase will occur as set forth in the Design Brief during which any Designs submitted in the Competition will be posted in an online gallery for public voting at www.localmotors.com/dominos. Registered members of the Community will be invited to vote for the Design they believe meets the criteria of the Design Brief and best reflects the “Ultimate Delivery Vehicle”. Limit: Each person may vote one (1) time per day during the voting phase. Multiple votes received from any person or email address in excess of the stated number will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Local Motors in its sole discretion. Subject to the entrant’s compliance with these Design Terms and Conditions, the ten (10) entrants whose Designs receive the highest number of valid votes during the Voting Phase will be deemed a finalist (“Finalist”) for the applicable Competition. Local Motors website users may view, rate and provide comments on a Design for the period of time designated on the Competition web page following the submission and acceptance of a Design, all of which will impact the value of the votes submitted during the voting phases. Local Motors reserves the right to select more than ten (10) Finalists for a Competition if, in its sole discretion, it determines that it has received more than ten (10) Designs that are worthy of be judged during the judging phase of the Competition. In the event of a tie, Local Motors will advance all tied Designs to the judging phase for the Competition. Local Motors reserves the right, in its sole discretion, to select an alternate Finalist should the voting appear to have been tampered with or manipulated in any way.
In selecting the winning entry, Local Motors and the Sponsor will take into consideration ratings and comments provided by its website users in connection with the Designs. In addition to the ratings and comments from Local Motors website users following the submission and acceptance of a Design, Local Motors and the Sponsor will also consider, among other things: (i) feasibility of the Design and/or whether it is buildable, (ii) marketability and (iii) and Sponsor feedback.
Select Competitions may be operated as a collaboration among Community Members instead of a competitive challenge. Community Members will be tasked with providing ideas and feedback in accordance with the directions and instructions set forth in the applicable Design Brief. During the collaboration, all participating Community Members who provide meaningful and productive contributions (as determined by Local Motors and Sponsor in their sole discretion), will receive a portion of any prize money set aside for the individual Competition in proportion to each Community Member's Influence –determined through the application of Local Motor's proprietary and confidential algorithms and best judgment. “Influence” is hereby defined as the measure of a Community Member's contribution to packaging deliverables, commenting on the Forge and overall level of participation, as determined solely at the discretion of Local Motors.
Each potential winner must sign (and winning is contingent upon the winner signing) an affidavit of eligibility, liability & publicity release, assignment and other documentation relating to the Prize (as defined below) that will be sent via mail or email ("Winner Agreements"). The Winner Agreements must be returned to Local Motors within ten (10) days of the date notice or attempted notice is sent in order for the potential winner to be officially recognized. If the potential winner cannot be contacted, is unable to accept the Prize, or if the potential winner does not execute and return the Winner Agreements within ten (10) days after Local Motors' mailing of the same, Local Motors may automatically disqualify the potential winner and may select another potential winner in accordance with this Section. Community Members who receive prize money for participation in any Competition operated as a collaboration will be required to complete Winner Agreements as well. Among other things, the potential winner must agree to grant Local Motors and the Sponsor permission to use his/her name, place of residence, photograph and likeness, Design and Prize information for advertising and promotion of this and similar promotions and/or the Local Motors' and Sponsor products or services worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without compensation, notification, permission or other consideration, unless prohibited by law; and the potential winner must sign any applicable forms required by tax authorities. The Prize will only be awarded to a winner if he/she complies with all of these Design Submission Terms and Conditions and the terms and conditions of the Winner Agreements. Entrants may request a list of winners by mailing a request to Local Motors, Attn: Competition Administrator, 1576B S. Nelson Rd Chandler AZ 85226.
Selected Designs: If your Design is selected as one of the top three (3) winning entries (or a lower level Prize winning entry should the applicable Competition award more than three winners) in any of the Competitions by Local Motors and the Sponsor (the "Selected Designs") and in consideration for the Prize awarded to you by Local Motors on behalf of Sponsor, you shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights (including any and all intellectual and industrial property rights of any sort) in and to the Design and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Design for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner will indemnify Local Motors and the Sponsor, and any licensee of the same against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these Design Terms and Conditions. You shall assist the Sponsor, at its expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce, and defend any rights assigned. You hereby irrevocably designate and appoint Sponsor as your agents and attorneys-in-fact to act for and in your behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by you. To the extent allowed by law, this Section and any license to Local Motors or the Sponsor hereunder includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as moral rights, artist's rights, droit moral or the like. To the extent any of the foregoing is ineffective under applicable law, you hereby provide any and all ratification and consents necessary to accomplish the purposes of the foregoing to the extent possible. You will confirm any such ratification and consents from time to time as requested by Local Motors or the Sponsor.
Local Motors and the Sponsor may, but are not obligated to, use the Selected Designs in any manner they choose, including but not limited to, reproducing the Selected Designs on the Items, selling Items bearing the Selected Designs, changing or reworking the Selected Designs by making color or size changes, making derivative works of the Selected Designs, building or selling the Selected Designs if they are a part of a car, building a scale model or toy based on or incorporating any Selected Design (or any revised version thereof) but not an entire actual production vehicle, and using the Selected Designs on a Local Motors or Sponsor website and on promotional material for Local Motors or the Sponsor. For the sake of clarity, if your Design is selected as a top three (3) winning entry in any of the Competitions, you may no longer use, or allow others to use, such Design. Each winner accepts and acknowledges that Local Motors and the Sponsor shall not be obligated to use the Design and that Local Motors and the Sponsor in their sole discretion shall have the right to refrain from using the Design. Local Motors nor the Sponsor shall incur any liability whatsoever to the extent that either chooses to refrain from any exploitation of its rights hereunder. In addition, Local Motors and Sponsor expects to, but are not obligated to, choose one of the Selected Designs from the Design Competition as the basis for manufacturing an entire actual production vehicle; however, if they do choose one of the Selected Designs for that purpose and such Design serves as the primary influence for a production vehicle, then Local Motors will pay you $20,000 cash. In that case you also agree to make yourself available to Local Motors and the Sponsor, upon reasonable request and at no charge, to answer questions about your Selected Design and to assist Local Motors and the Sponsor, at their sole discretion, with the production process of the vehicle.
Given that automotive manufacturers for the past century have essentially been the only practical entity to make use of an automotive design, a larger body of automotive design work and creation has grown naturally to become the purview of the automotive manufacturers and their in-house design staff. Local Motors is in the business of trying to democratize that design process, and recognizes that this democratization will challenge the notion of where designers can find an outlet for their talents. Nonetheless, if you work (or have worked) for a company who might claim an interest to your Design, you are advised to consult the company's legal counsel as to any restriction or ownership that the company might have on your Designs so that you might legally assign your Design to Local Motors and the Sponsor as described above.
Prize: If your Design is selected for use by Local Motors and Sponsor, you will receive a minimum cash or equivalent prize of at least $50.00. Additional cash prizes (including the $20,000 cash award referenced above) and other prizes may be awarded, in Local Motors' and Sponsor's sole discretion, depending on the type of Competition and whether Local Motors and the Sponsor decide to build an entire production vehicle based on your Design. You agree that such prizes awarded by Local Motors on behalf of the Sponsor (the "Prize") are the only consideration due to you by Local Motors and the Sponsor with respect to the assignment of the Selected Design. Local Motors reserves the right to change the payment terms at any time, by posting them on the Local Motors website, and changes will be effective upon posting of the new terms. The method of payment will be based on the terms in effect when your Design is selected; however Local Motors expects to issue the cash payment via Pay Pal unless that is not possible for some reason, in which case Local Motors will contact the winner to work out a mutually acceptable payment mechanism. You alone will be responsible for the payment of any tax that arises as a result of receiving the Prize from Local Motors. The Prize will be sent within ninety (90) days after Local Motors receives the Selected Design in a high-resolution format deemed suitable by Local Motors for usage. If the high-resolution format is not deemed suitable for usage as determined by Local Motors, then Local Motors will notify you of the reason(s) for its determination by email and will make a good-faith effort to assist you in presenting a suitable high-resolution format. This format question is especially crucial in the type of competitions where the deliverable is expected to be in computer aided design (CAD) format. Such deliverables will be expressly delineated in the competition guidelines at the start of each competition. No substitution or transfer of the Prize is permitted, except that if any portion of the Prize is unavailable, Local Motors has the right to substitute that portion with a prize of substantially equal value. Unless otherwise specified, all currency referred to in this document (Design Submission Terms and Conditions) is in $ USD.
Limitation of Liability: Local Motors, the Sponsor and their officers, directors, employees, independent contractors or agents (collectively, “Released Parties”) are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions, whether caused by the Released Parties, or you or by any of the equipment or programming associated with or utilized in association with this Contest or by any technical or human error which may occur in the processing of submissions that may limit an entrant's ability to participate in this design contest. BY PARTICIPATING IN THE CONTEST AND/OR ACCEPTING DELIVERY OF A PRIZE, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OF ANY PRIZE WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. Winner further acknowledges that the foregoing parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee (express or implied, in fact or in law) in connection with the Prize or the use or enjoyment of the Prize. ALL PRIZES ARE AWARDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY SORT, EXPRESS OR IMPLIED.