terms and conditions

TERMS AND CONDITIONS
JOOLZ POSITIVE DESIGN AWARD
Article 1: Introduction
1.1 These terms and conditions ("Terms and Conditions") apply to the international competition known
as “Joolz Positive Design Award” (hereinafter: the "Competition"). By entering and participating in this
Competition, participant ("Participant") explicitly declares to have read and to have accepted the Terms
and Conditions.
1.2 The Competition is offered by Milk Design B.V. (hereinafter: “Joolz”) located at Nieuwe
Herengracht 51, 1011 RN Amsterdam and registered at the Trade Register of the Chamber of
Commerce, nr. 34207265 (“Milk Design”) in the Netherlands.
1.3 The application period is from 00:00 (Central European Time (CET)) 15 may 2015 up to and
including 23:59 (CET) 28 September 2015 (the "Action Period").
1.4 The competition has the objective to obtain qualitative ideas on innovation within the push chair
category. The Competition is not a sweepstakes, lottery or game of change of any kind. No purchase or
entry fee is necessary to participate in the competition.
1.5 At any time Joolz has the right, at its sole discretion and without prior notification, to change or
discontinue any aspect or feature of (the set-up of) the Competition and to change or modify the Terms
and Conditions, or any part thereof, or to impose new conditions. Such changes, modifications,
additions or deletions shall be effective immediately upon the posting of the modified Terms and
Conditions on the website dedicated to the Competition, being www.PositiveDesignAward.com or on
any other website or portal used in a stage of the Competition (each a “Website”). If you do not agree
to abide and be bound by these Terms and Conditions, or any future version of these Terms and
Conditions, please do not enter or continue to participate in the Competition. You are advised to
regularly read the Terms and Conditions for possible changes, which you are deemed to have accepted
upon continued participation in the Competition.
Article 2: Participation / entry criteria
2.1 Participants must register in order to take part in the competition. Registration for the Competition
is possible until 28 September 2015 using the registration form on www.PositiveDesignAward.com. It
is not possible to participate in the Joolz Positive Design Award without registering before the above
date. Joolz reserves to right to exclude persons from participation if they do not meet all the conditions
and obligations as set out in the competition rules. A participant may submit more than one design.
However, a separate registration must be requested for each individual design submitted. Entries will
only be viewed by the judges if all the conditions stated below have been met. Joolz is not responsible
for entries lost, misdirected or not received under any circumstances.
2.2 Participation in this competition is open to students and young designers of The Netherlands.
2.3 During the period of the Joolz Positive Design Award, participants must:
Comply with these Terms and Conditions and the terms and conditions of any third party
suppliers engaged by Joolz to assist in any aspect of the Competition, including but not
limited to the prize;
read and write English;
be available on the requested dates;
be in good general health and good physical and mental condition to participate in the
Competition and to travel to Amsterdam;
not be bound by a contract that conflicts with these Terms and Conditions;
not have a criminal record or pending criminal charges;
comply with any applicable laws or any other regulation, guideline or community standard in
their country of residence.
2.4 You can choose to develop a product or service in one of the underneath categories:
Category A: Transform your pushchair into....
After 3-4 years of usage the current Joolz Day is often sold on the second hand market or is disposed.
We would like to challenge you to come up with practical and realistic solutions to transform the
pushchair / parts of it into new products. In this category you can focus on the chassis, and the fabrics,
or both!
Category B: Connect your pushchair
The Internet care of Things is one of the key developments at the moment. Products become smart, get
sensors and will be connected to broadband Internet. Next to this the global access to broadband
(wireless) is increasing rapidly in the next 3-5 years. What new opportunities for products and services
do you see for Joolz? Think of smart & connected pushchairs or pushchair accessories...
Category C: Products and services for those who are less fortunate
Joolz wants to enable all young families to live positive life. Also those families with an income of just
a few U$ per person per day. What product or service can we develop for them? Think of physical
products and/or digital services (and maybe even local 3D print facilities?).
SELECTION CRITERIA
All concepts / prototypes will be reviewed based on 5 overall criteria, each with sub criteria and
questions. The more evidence provided for each answer the more chance your concept makes it to the
final top 5. Please note: all communication will be in English.
Unique and compelling (30%)
What are relevant trends and consumer insights?
Which consumer needs does the concept fulfil?
What are the key functionalities offered?
How unique is the concept? Why?
How does it stay unique towards the future?
Positive Design (30%)
What is the contribution of your design to user well-being (in terms of the three ingredients of
the positive design framework that is described below)?
Does the product or service contribute to a positive impact on the environment?
Does it stimulate green behaviour? If so, how?
Designed for Manufacturing (20%)
Do you have a proof of concept?
Do you have a working prototype?
Can the product / service be produced easily? Why, how?
Can the product / service be produced in W-Europe? Explain.
Business model and potential (20%)
What is the business model?
What is the (expected) consumer price for the product?
What is the expected cost price? Give a rough break down. And, what is the expected margin?
How many pieces can you sell in year 1 - 3 - 5?
Article 3: Entry requirements
3.1 All Participants must ensure that, if so requested by Joolz, they are available to attend any activities
related to the Competition.
3.2 For any idea, footage, designs, image, illustrations, graphics, text, voice, code, comments,
descriptions, statements, photographs, video, audio, ideas, materials, data, files, downloads or other
information and concepts (the "Material") made or submitted by the Participant during all stages of the
Competition each Participant represents, acknowledges and warrants that the Material:
3.2.1 is completely original, solely created by him/herself and that he/she is entitled to all
rights, titles and interests in the Material;
3.2.2 does not violate these Terms and Conditions or any applicable laws or any other
regulation, guideline or community standard;
3.2.3 does not infringe the rights of others, including but without limitation, any third party
copy rights, trademarks, or other intellectual property rights, or privacy, publicity or
contractual rights;
3.2.4 contains no unsolicited or unauthorized promotions, political campaigning, advertising,
or any other form of solicitation;
3.2.5 contains no material that is offensive, defamatory, threatening, abusive, vulgar, sexist,
discriminating or otherwise inappropriate;
3.2.6 is not intended to promote or incite violent, dangerous or antisocial behavior.
3.3 If, at any point, a dispute as to ownership of the Material arises, Participant’s entry may not be
considered.
3.4 All Material made or submitted by each Participant in relation to the Competition becomes the sole
and exclusive property of Joolz and will not be returned to the Participant. Joolz shall not be bound by
any contractual arrangement between Participants and third parties in respect of such Material
including, but not limited to, confidentiality obligations.
3.5 Joolz is not required to pre-screen any Material that is made or submitted by the Participant,
although Joolz reserves the right to assess the appropriateness of such Material at any moment. Joolz
also reserves the right to investigate, if necessary, the eligibility of the Participants and such Material.
Participants agree to provide all necessary information as requested by Joolz. Joolz reserves the right,
among other things, and at its sole discretion and without prior notification, to remove or withdraw
Material that: does not meet its standards, is not appropriate or eligible or does not comply with these
Terms and Conditions. In addition, all Participants acknowledge and agree that Joolz will not be liable
for any failure or delay in removing such Material.
3.6 The Participants assign, transfer and convey irrevocably, without reservation and free of charge, in
so far as legally permitted, to Joolz, all rights, including copyrights and other intellectual property
rights, in and to any and all Material made or submitted by these Participants in relation to and at any
time in the Competition, and give Joolz the right, at its sole discretion, to modify, edit, remove,
translate, arrange musically or transform, dramatise, cinematise, or otherwise adapt any such Material
or to request these Participants to do so for any reason.
3.7 The Participants, to the fullest extent permitted by law, waive their moral rights of author and any
similar personal rights that the Participants might otherwise have with respect to the Material.
Participants authorize (and consent to) Joolz doing anything or omitting to do anything in relation to
the Material which would otherwise infringe these Participants’ moral rights or similar (non-assignable)
personal rights that these Participants might otherwise have.
3.8 If and as far as further (legal) acts are required concerning the assignment/abandonment mentioned
above in clauses 3.6 and 3.7, the Participant, hereby commits him/herself to give (immediately and free
of charge) all reasonably required cooperation which is necessary to effectuate or formalise such
assignment/abandonment. To the extent any applicable national legislation does not accept such
assignment, the Participants agree to grant Joolz an exclusive, irrevocable, royalty-free, perpetual and
worldwide right and licence to use, reproduce, distribute and modify such Material to the fullest extent
and for any purpose, including for Joolz's future promotional and marketing purposes in any and all
media whatsoever, including but not limited to print, broadcast and internet, without further reference
and free of charge.
3.9 The Participants should be able to present when requested, among any other documents that may be
reasonably requested by Joolz, a valid official document (National Identity Card, Passport, driver
license or similar document) proving their identity, age and place of residence. Failure to do so by a
Participant may, upon sole decision of Joolz, result in disqualification, and any claim to the prize will
be forfeited.
3.10 Each Participant agrees to being interviewed, recorded, photographed and/or filmed during the
final stage of the Competition, if so reasonably requested by Joolz, and by participating in the
Competition the Participant agrees to provide all active cooperation with any promotional activities and
reasonable publicity arising from this Competition and/or the prize. All resultant Material, including
Participants' name, biographical information, image and comments, may be used by Joolz and each of
their subsidiaries, affiliates, related companies, advertising and promotion agencies and each of its and
their respective directors, employees, agents and representatives (the "Joolz Parties") at their sole
discretion to the fullest extent and for any purpose, including for future promotional and marketing
purposes in any media whatsoever, including but not limited to print, broadcast and internet, without
further reference and free of charge.
3.11 Participants shall not at any time make any comment or act in any way which is likely to be
detrimental to the Joolz Parties, to the Joolz brand or the Competition whether or not the Participant is
excluded or disqualified from the Competition.
3.12 Each Participant acknowledges and agrees without reservation and free of charge that no activity
or commitment will result in the Participant being deemed to be an employee of Joolz and that Joolz
has no responsibility whatsoever in providing any employee type benefits to any Participant.
3.13 Each Participant acknowledges that other Participants may have used materials, themes, ideas
and/or concepts in their Materials that may be substantially similar in theme, idea or concept to what is
included in Participant’s Materials and furthermore that Joolz has wide access to ideas, concepts, and
materials and that new ideas are constantly being submitted to Joolz not related to the Competition or
are being developed by Joolz own employees or vendors. Each Participant acknowledges and agrees
that Participant shall not have any claim against any other Participant or against Joolz arising out any
such similarity or be entitled to any compensation because of any such similarity.
Article 4: Method of delivery and deadline
4.1 A description of the design, in which the participant describes the vision behind the entry, explains
the design and the choices made and tells the story behind the design (i.e. how and why the participant
came up with the idea). Drawings and sketches that were used in the development of the design/entry
can be included for illustrative purposes.
4.2 All costs incurred by the participant in developing the submitted design, as well as the costs of
sending the entry to Joolz, are borne by the participant.
4.3 The designs of the participants must be sent to the address below or can be digitally send by email
and have been received 28 sept 2015 at the latest. In case of sending the designs must be properly
packed to avoid damage to the design and labelled with the unique entry number received upon
registration, as described in articles 2 and 5 of these rules. Preferably the participant uses standard
parcel boxes available from Dutch post offices.
Joolz
T.a.v. Positive Design Award
Nieuwe herengracht 51
1011 RN Amsterdam
Article 5: Jury
5.1 Each jury decision is final and not subject to review. At all times the juries have the right to, at their
sole discretion and without prior notification, select a substitute Participant. Circumstances in which the
juries can select such substitute Participant include, but are not limited to situations where a
Participant: cannot or does not wish to continue participating in the Competition is disqualified or is in
violation with these Terms and Conditions, or cannot be contacted after reasonable attempts.
5.2 The jury members will first determine whether an entry meets all the criteria set out in this
document. If the entry does not comply with the requirements, the entry will be disqualified and
excluded from further evaluation. The anonymity of participants is guaranteed during the judging
process. If the jury is of the opinion that there are sufficient entries that meet the requirements and in
the jury’s opinion are of sufficient quality, the jury awards the available prizes.
Article 6: Reporting winners
6.1 All Selected Participants will be contacted by email or by phone within 2 days after the selection,
and will be invited to take part in Stage 2 of the Competition, which shall consist of the participation in
a two day workshop in Amsterdam (the “Workshop”).
6.2 The Workshop is intended to take place on 19 and 20 October 2015 in Amsterdam, The
Netherlands. Joolz may amend the dates and shall then timely publish this on the Website. If a Selected
Participant is unable to participate in the Workshop on the set dates, then he/she may be disqualified
upon sole discretion of Joolz.
6.3 During the Workshop, the Selected Participants will further develop their Material with experts
engaged or employed by Joolz.
Article 7: Prizes
7.1 The Winner with the highest scores will be granted a financial reward of EUR 2500,- the Winner
with the second highest score will be granted a financial reward of EUR 1500,- and the Winner of the
third highest score will be granted a financial reward of EUR 1000,-.
7.2 The names of the Selected Participants and (parts of) their winning Material may be publicized by
or on behalf of Joolz
Article 8: Liability for damage
Joolz does not accept any liability for any damage to an entry during the competition or the period in
which Joolz has the entry in its possession. This also applies to all transport and shipping.
Article 9: Release
9.1 You hereby agree to indemnify and hold the Joolz parties harmless from and against any losses,
damages, rights, claims for accident or loss of life, personal injury, or causes of action of any kind
arising, in whole or in part, directly or indirectly, out of this competition, you participation therein,
arising in connection with the prize and/or the use or exploitation of the material infringing the
intellectual property rights of any third party or otherwise being unlawful towards a third party,
including claims base and publicity rights, defamation, intellectual property and privacy rights.
Article 10: Privacy and data protection
The personal data provided by the Participant in the context of this Competition will be collected and
processed by Joolz in accordance with our Privacy and Cookie Policy. By participating in the
Competition, Participants agree to such collection and usage of their personal information and
acknowledge that they have read and accepted the Privacy and Cookie Policy.
Article 11: Miscellaneous
11.1 At all times Joolz has the right to, at its sole discretion and without prior notification, exclude or
disqualify any Participant. Circumstances in which Joolz can do so include, but are not limited to:
noncompliance with these Terms and Conditions, failure to provide necessary information and (legal)
documentation, failure to attend any part of the Competition, or attempts to compromise the
Competition in any way. If Joolz excludes or disqualifies a Participant:
(i) any rights and remedies which the Participant may have had under these Terms and
Conditions or otherwise at law are excluded or revoked to the maximum extent permitted by
law;
(ii) the Participant will no longer be eligible for any prize and hereby waives any rights to the
prizes;
(iii) Joolz may in its absolute discretion withdraw and remove any Material submitted or made
by the Participant;
(iv) all restrictions imposed on the Participant, licenses and others rights granted by the
Participant and all disclaimers, indemnities and limitations of liability set out in these Terms
and Conditions (and any other applicable terms and conditions) will survive;
In the event of any dispute concerning the eligibility of any Participant to participate in the
Competition, Joolz decision shall be final.
11.2 If these Terms and Conditions are or become partially void, the parties will continue to be bound
by the remainder of the same. The parties shall replace the voided parts by provisions that are valid and
have legal effect that correspond with those of such voided or invalid parts as much as possible, taking
into account the content and the purpose of these Terms and Conditions.
11.3 The Participants acknowledge and agree that they are not allowed to transfer or assign all or part
of the rights and/or benefits granted under this Competition to third parties including, but not limited to,
the prize. Joolz may assign its rights and novate or transfer obligations which arise under these Terms
and Conditions.
11.4 These Terms and Conditions shall be exclusively governed by Dutch law. All disputes arising in
connection with these Terms of Conditions, including but not limited to disputes concerning the
existence and validity thereof, shall be resolved by arbitration in Amsterdam, the Netherlands under the
Rules of Arbitration of the International Chamber of Commerce.
11.5 The provisions in these Terms and Conditions do not affect any other rights Joolz may have under
Dutch law.
11.6 During the Competition, any request or complaint concerning the Competition and Terms and
Conditions may be sent via e-mail to PositiveDesignAward@my-joolz.com stating your name, address,
e-mail address and telephone number. You will be contacted within a reasonable time after receipt.
Joolz will not engage in any correspondence related to the jury's selection.