Official rules

Etsy Design Awards 2019

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.

 

  1. The sponsor of the Etsy Design Awards (the “Contest”) is Etsy, Inc. (owner and operator of Etsy.com) at 117 Adams Street, Brooklyn, NY 11201 in respect of all entrants (from here on referred to as “Sponsor”).

 

  1. ELIGIBILITY: Open to legal residents of the fifty (50) United States, District of Columbia, Australia, Belgium, Bulgaria, Canada, China, France, Germany, Greece, India, Indonesia, Ireland, Israel, Japan, Lithuania, Malaysia, Mexico, Netherlands, New Zealand, Poland, Romania, Russia, Spain, Thailand, Turkey, Ukraine, the United Kingdom and Vietnam, who have reached the age of majority in their province or territory of residence, who are sellers on Etsy.com (“Etsy Sellers”) in good standing, as determined by Sponsor, in its sole discretion. Other eligibility requirements are as follows: (i) any shop submitted in an Entry (as defined below) shall not be in vacation mode from May 14, 2019 to December 31, 2019 and shall have at least five (5) listings; (ii) the submitted item must be listed with at least five (5) photographs, (iii) the Etsy Seller must be the owner of any shop that such Etsy Seller submits in an Entry, and (iv) any shop submitted in an Entry and all of such shops listings shall comply with all then current Etsy Guidelines and Etsy Seller Guidelines in effect from the date hereof through announcement of the winners. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses, regardless of where they reside), and their respective household members (whether related or not), of the Sponsor and its affiliates, subsidiaries, and divisions (collectively, “Contest Entities“) are not eligible to enter or win. Void where prohibited

 

  1. CONTEST TIMING: The Contest begins at 12.00.01 AM Eastern Time (“ET“) (5:00:01 AM Greenwich Mean Time + 1 (“GMT +1“)) on May 14, 2019 and ends at 11:59:59 PM ET on May 28, 2019 (04:59:59 AM GMT +1 on May 29, 2019) (the “Contest Period“). Sponsor’s designated computer is the official time keeping device for all aspects of the Contest.

 

  1. HOW TO ENTER THE CONTEST: During the Contest Period, to enter, visit www.etsydesignawards.com and follow the directions to complete and submit the entry form, including but not limited to the following information: (i) Etsy Seller name, (ii) Etsy Seller e-mail address, (iii) Etsy Seller phone number, (iv) shop name and URL, (v) Etsy Seller’s country, and (vi) product category and listing URL (“Entry”). All Entries must be received by the end of the Contest Period. Only one Entry per shop during the Contest Period. The product featured in such Entry must be available for Sponsor to physically use to create marketing materials during the Contest Period. Any attempt by any entrant to submit Entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s Entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification and all associated Entries will be void. All Entries become the property of Sponsor and will not be acknowledged. In the event of a dispute over the identity of an entrant, Entry will be deemed submitted by the authorized account holder of the applicable account and he/she must comply with these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to the applicable account.

 

  1. ENTRY REQUIREMENTS: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
    • is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
    • promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
    • is obscene or offensive; endorses any form of hate or hate group;
    • appears to duplicate any other submitted Entries;
    • defames, misrepresents or contains disparaging remarks about Sponsor, its products, sellers or services or other people or companies;
    • contains prominent use of trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission, to the extent permission is deemed necessary;
    • contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
    • contains prominent use of copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission, to the extent permission to deemed necessary;
    • contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
    • contains look-alikes of celebrities or other public or private figures, living or dead;
    • communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
    • violates any law.

    Entry (inclusive of the product featured in the Entry) must be entrant’s own original work product.

     

    By submitting your Entry, entrant agrees that Entry conforms to these Official Rules and that Sponsor, in its sole discretion, may disqualify any Entry for any reason, including if it determines, in its sole discretion, that the Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.

 

  1. PRIZES One (1) Grand Prize.  The Grand Prize shall consist of the following (i) Cash prize of $15,000 USD to be awarded in the form of a check, (ii) a feature on the Etsy blog, (iii) inclusion in Etsy’s Editors’ Picks page, marketing email, and social media channel, (iv) PR promotion and media coverage, (v) Grand Prize Winner Shop Badge, (vi) an Etsy Design Awards Winner trophy, and (vii) a one year subscription of Etsy Plus. Approximate Retail Value (“ARV”): $15,120 USD.Five (5) Category Prizes.  There will be one winner in each of the following product categories: Inventive Decor, Signature Style, Festive Celebrations, Earth-Friendly and Creative Collaborations.  The Category Prizes shall consist of the following (i) Cash prize of $1,000 USD to be awarded in the form of a check, (ii) inclusion in the Etsy blog, (iii) inclusion in Etsy’s Editors’ Picks page, marketing email, and social media channel, (iv) PR promotion and media coverage, (v) Category Winner Shop Badge, (vi) an Etsy Design Awards Winner trophy and (vii) a one year subscription of Etsy Plus. Approximate Retail Value (“ARV”): $1,120 USD. All details of prize components (ii) – (iv) will be determined by Etsy in its sole discretion without review or approval from any winner.Non-cash prizes cannot be redeemed for cash and may not be transferred or substituted, except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value in the event the stated prize is unavailable. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. All fees, federal, provincial, state, local taxes (including, without limitation, income and withholding taxes) or other costs and expenses relating to the use, acceptance and possession of prize not specified herein as being provided are the sole responsibility of the winner. An IRS form 1099 will be awarded in the name of any winner who is a resident of the United States for the retail value of the prize if the prize is valued at $600 USD or higher. Total ARV of prize pool is valued at $20,720 USD. Limit one (1) prize per person.

 

  1. DETERMINATION OF WINNERS: Following the conclusion of the Contest Period, all eligible Entries received will be judged by the Sponsor based on the following equally weighted criteria: (i) quality (overall level of craftsmanship and skill), (ii) creativity and innovation (is the item unique or imaginative?), (iii) utility and functionality (is your item functional? Does it serve its purpose?), (iv) personal story (your maker curator story), (v) top-notch branding (does your shop feature clear, compelling descriptions, excellent customer service, and high quality photography?), and (vi) ‘Wow’ factor (is your item stunning?) (the “Criteria”).  Using the Criteria, the Sponsor will select a maximum of 175 finalists (the “Finalists”), and will engage a panel of qualified judges to judge the Finalists based on the same Criteria (with each criterion having a maximum score of 10). The entry(ies) that receives the highest score(s) will be deemed the potential winner(s). In the event of a tie, a tie-breaker judge will judge the tied Entries using the Criteria to determine the winner(s). Sponsor reserves the right to not award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. All decisions of the Sponsor and judges are final and binding.  Sponsor will not reveal the judging scores for any Entry.

 

  1. FINALIST NOTIFICATION: Sponsor shall notify all Finalists of their status as a Finalist on or about August 1, 2019 via the email they provided as part of the Entry and the Etsy account associated with the Entry. If an entrant is deemed to be a Finalist, such entrant agrees that for the remainder of the Contest Period, the shop that has been designated as a Finalist must have the listing related to the Entry that is designated as a Finalist available to purchase from such shop at all times (if the item is vintage or one of a kind, such item must be placed on hold until finalists are announced in August. If your vintage or one-of-a-kind item sells during this period, your submission becomes null and void).  In addition, if an entrant is deemed to be a Finalist, such entrant shall not publicly announce such entrant’s status as a Finalist prior to such date when all Finalists are announced by Sponsor.  If any entrant does not comply with the terms and conditions of this Section 8, Sponsor has the right to deem such entrant’s Entry ineligible to win any prizes.

 

  1. WINNER NOTIFICATION: The potential winners will be notified via the email they provided as part of the Entry and/or the Etsy account used for entry within 2 days of the selection, on or about September 1, 2019. If a potential prize winner does not respond to the winner notification email (email will be sent three (3) times over a seven (7) day period) within seven (7) days of receipt of the final email sent, or if said email is returned as undeliverable, or if the potential prize winner does not return the notification or, if applicable, fails to correctly answer the mathematical skill-testing question, or if an entrant is otherwise found to be ineligible, does not provide required information, or if the selected winner cannot accept or receive the prize for any reason, the potential prize winner will forfeit the prize and an alternate winner may, in the sole discretion of the Sponsor and time permitting, be notified. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner. Sponsor reserves the right to require each winner to sign an Affidavit of Eligibility (or, if a non-U.S. resident, a Declaration) and Liability and Publicity Release, to provide proof of identity at the nominated prize delivery address and/or to provide proof of entry validity in a time period to be specified by Sponsor in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of Sponsor. In the event that the winner does not return all required documents within the specified time period or cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. All decisions and results of Sponsor are final and binding. If a winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize to his/her parent or legal guardian and/or require his/her parent or legal guardian sign all required paperwork and otherwise fulfill all requirements imposed on entrant set forth herein. If the winner is an Australian resident, the prize will be posted to the address provided by them upon acceptance of the prize within 28 days of the draw.

 

  1. GENERAL CONDITIONS: By entering the Contest, entrant warrants that entrant has read and agrees to abide by these Official Rules and Etsy’s Terms of Use, Privacy Policy, Our House Rules, and other site policies, meets the eligibility requirements and that he or she is not prohibited from participating in the Contest and agrees to be bound by the decisions of the Sponsor which will be final and binding in all respects. Entrant agrees that the conditions of submission set forth in these Official Rules, and all documents and agreements incorporated in these Official Rules by reference, solely govern the relationship between Entrant and the Sponsor in connection with this Contest. The Sponsor reserves the right to amend these terms and conditions at any time.

 

  1. LIABILITY: For all Entrants except for French and German resident Entrants: By participating in this Contest and/or by accepting any prize, save for cases of death or personal injury caused by negligence of any Released Party or cases of loss or damage caused by fraud of, or breach of these Official Rules by, a  Released Party, entrant agrees for entrant and for Entrant’s heirs, executors, and administrators to release the Contest Entities, and each of their respective officers, directors, agents, representatives and employees (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from or in connection with participation in this Contest and/or acceptance or use of any awarded prize, and to indemnify Released Parties from any and all liability resulting or arising from the Contest.For German resident Entrants: For German resident Entrants the following liability rules apply: Contest Entities shall be liable for damages caused by culpable injury to life, body or health.  By participating in this Contest and/or by accepting any prize, Entrants agree to release Contest Entities and each of their respective officers, directors, agents, representatives and employees (collectively, the “Released Parties”) from any and all liability whatsoever for any other losses or damages of any kind that result from acceptance, possession or use of any prize or from entry or attempted entry into the Contest unless the damage of the Entrant is caused by gross negligence or willful intent of a Released Party.In an event of slight negligence, the Released Parties shall be liable only for breaches of a material contractual obligation (cardinal duty). A “cardinal duty” is an obligation whose fulfilment makes the implementation of this Contest possible in the first place and on the fulfilment of which the Entrant may therefore generally rely upon.  This liability shall be limited to the typical, foreseeable damages.

    The Released Parties are not liable for defect prizes and for follow-up damages resulting from the defect prizes.

 

  1. PUBLICITY GRANT/USE OF ENTRIES: Entry constitutes permission (except where prohibited by law) to use any winner’s name, likeness, prize won, Avatar, Etsy ID, hometown, and/or comments about winning for purposes of online posting, advertising, promotion and publicity relating to the Contest, and in any and all media, now or hereafter known, throughout the world for three (3) years from the date the winner was confirmed as a winner without additional compensation, notification, permission or approval.By submitting an Entry and agreeing to these Official Rules, entrant hereby grants to Sponsor, its designees, successors, licensees and assigns a nonexclusive and sub-licensable license to use, reproduce, distribute, display, perform, create derivative works based upon, and otherwise exploit the Entry and all elements embodied therein, edited as Sponsor sees fit, in whole or in part,  in any manner, in any and all media (including Sponsor website and related website, web-banners, emailing, Sponsor social webpages and twitter account, Sponsor internal communications, POS advertisings), in relation to the Contest,  throughout the world, for the legal duration of the Entry rights, for advertising and promotional purposes, without further notification or permission.Sponsor has no obligation to make use of the rights granted herein.For Australian residents only: Each entrant consents to the Sponsor, its designees, successors, licensees and assigns doing or omitting to do anything which may infringe any and all moral rights of the entrant including to edit, alter and re-produce the Entry, and that such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth).

 

  1. WAIVER: Released Parties are not responsible for any technical, mechanical, or other error of any kind resulting from force majeure circumstances beyond their reasonable control and relating to or in connection with the Contest, including, without limitation, errors which may occur in the administration of the Contest, the processing of Entries, the announcement of the prize or any Contest-related materials caused by such force majeure event. Participation to the Contest by internet implies the acknowledgement by the Entrants of internet and IT systems technical limits. As a consequence Released Parties shall not be liable for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest, incomplete, lost, late, stolen, damaged, inaccurate, misdirected, garbled, delayed or undelivered Entries, or for technical hardware or software malfunctions or failures of any kind, lost, unavailable network connections, or failed, incomplete, garbled or delayed computer transmission, which may limit an individual’s ability to participate and/or the failure of any third party to comply with the instructions and proper administration of this Contest. Sponsor reserves the right in its sole discretion, to disqualify any entrant or Entry that is in violation of the Official Rules or to cancel, suspend or modify the Contest, and disqualify any implicated entrant(s), (and their Entries) if any fraud, virus, actions by entrants, technical or other error or problem of any kind, or any other occurrence that corrupts or affects the administration, integrity, security, or proper play of the Contest.In the event of cancellation, Sponsor reserves the right, at its sole discretion, to select the potential winner using the judging procedure set forth above from among all eligible, non-suspect Entries received up to the time of the event or action warranting such cancellation or to take any other action it deems equitable to fairly award any prize. CAUTION: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law, including criminal prosecution. Sponsor is not responsible in the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike (except in respect of French resident entrants), act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other cause not within Sponsor’s control or concerns regarding the safety of any entrant or winner, or otherwise.

 

  1. GOVERNING LAW/DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant, Sponsor or the Released Parties in connection with the Contest, shall be governed by and construed in accordance with the domestic laws of Ontario and the Federal laws of Canada for Canadian residents, the laws of Germany for German residents, the laws of France for French residents, the laws of England for United Kingdom residents, the laws in force in the relevant State or Territory for residents of Australia, or the laws of New York, United States for United States residents. Except in respect of French residents: Any and all disputes, claims, and causes of action arising out of or in connection with the Contest, shall be resolved individually, without resort to any form of class action.
    FOR UK AND CANADA RESIDENTS (NOT GERMANY OR FRANCE RESIDENTS):ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.FOR UK, FRANCE AND CANADA RESIDENTS (NOT GERMANY RESIDENTS): CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION.  SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES TO THE FULLEST EXTENT OF THE LAW), INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these rules shall not constitute a waiver of that provision.

 

  1. COPY OF RULES AND WINNER’S LIST:For non-French residents: For the name of the winner (available within 30 days after the Sweepstakes ends) (except in Australia), mail a self-addressed, stamped envelope to Legal Department, Etsy, Inc., 117 Adams Street Brooklyn, NY 11201 no later than 60 days after the Contest Period ends.For French residents:These Official Rules can be sent free to anyone who makes a written request to legal@etsy.com before the closing date of the Contest. The name of the winner will be communicated to anyone who makes a written request to legal@etsy.com within 30 days after the Contest ends.For valid Entries from eligible entrants, the internet connection expenses to enter the Contest and/or to ask for a copy of these Official Rules and/or of the winner’s list can be reimbursed on mere request to legal@etsy.com, except for people who have subscribed to unlimited internet through ADSL or cable, according to the following conditions: a flat reimbursement on the basis of the average duration of connection and of the average reduced tariff practiced by internet providers in the market, up to a maximum of €1 (including the cost of this request). To be reimbursed, entrants must also provide justifications that they personally bear the costs of such expenses.

 

  1. Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Australian Competition and Consumer Act 2010 (Cth).

 

  1. PRIVACY POLICY: Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy to enable the Sponsor and its affiliates and agencies to administer and promote this Contest and its winners. Please review the Sponsor’s privacy policy posted on www.etsy.com/privacy. The personal information of winners may be provided to corporate affiliates of the Sponsor, third parties assisting in the conduct of the Contest, including prize suppliers and deliverers, and for publicity purposes surrounding the Contest. The personal information of THE winners is likely to be disclosed to countries outside Australia including the United States of America and the UK. If the personal information requested is not provided, the entrant may not participate in the Contest. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of Entrant’s personal information as described and in accordance with the Sponsor’s privacy policy and acknowledges that entrant has read and accepted Sponsor’s privacy policy. For residents of the EU and Australia: you have the right to access to your personal data, to request that it be updated, corrected, not used for marketing purposes, or deleted for legitimate reasons by emailing legal@etsy.com.

 

Abbreviated Rules for Email and other collateral materials:

 

No purchase necessary. Open to legal residents of the 50 U.S. & DC,  Australia, Belgium, Bulgaria, Canada, China, France, Germany, Greece, India, Indonesia, Ireland, Israel, Japan, Lithuania, Malaysia, Mexico, Netherlands, New Zealand, Poland, Romania, Russia, Spain, Thailand, Turkey, Ukraine, the United Kingdom, and Vietnam, who have reached the age of majority in their province or territory of residence, who are Etsy Sellers in good standing, as determined by Etsy, in its sole discretion.  Ends 11:59:59 PM ET on May 28, 2019 (04:59:59 AM GMT +1 on May 29, 2019).  Void where prohibited.  Subject to Official Rules, available at www.etsydesignawards.com.