The 2022 Polestar Design Contest - Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER.
ENGLISH LANGUAGE SKILLS NECESSARY FOR PARTICIPATION.
Entries originating from any jurisdiction expressly voided under these terms and conditions (“Official Rules”), are not eligible for entry.
The 2022 Polestar Summer Design Contest (the “Contest”) is an annual design contest that attracts the world’s best professional and student designers to create exciting visions for future Polestar designs. Unlike many other design contests, the Contest features a Design Director who will coach shortlisted participants one-on-one, a modelling team that provides both digital modelling support to Finalists (defined below), and construction of a hard model of the two winning designs. The Grand Prize Winners (defined below) will be invited to be part of a premiere Design Exhibition (defined below), which will be the culmination of the Contest.
The Contest is open to natural persons (“Individuals”) who meet all of the following requirements:
- 2.1. Age – Individuals must be at least the age of majority in their jurisdictions of residence.
- 2.2. Exclusions – The following are not eligible: (i) individual citizens or residents of the following jurisdictions: Cuba, Iran, North Korea, the Crimea region of Ukraine, Syria, and Venezuela or temporary or permanent residents of any country in which the Contest participation is prohibited by law or would impose undue hardship on either the individual or the Organizer (defined below) based on applicable national or multinational jurisdiction export control restrictions; (ii) an Individual employed by a government or private entity, which may be subject to applicable U.S., Sweden, the European Union, or the United Nations export control sanctions; (iii) residents of the Province of Québec (Canada); and (iv) employees, contractors, directors and officers of Polestar Performance, AB. Assar Gabrielssons väg 9, 418 78 Göteborg, Sweden (“Organizer”) or its subsidiaries, affiliates and agents, as well as the Immediate Family of each such employee. (“Immediate Family”) shall mean an Individual who is a spouse, parent, sibling, child, or household member.
- 2.3. Employer/Entity Permission/Acknowledgement – Individuals hereby represent and warrant that his/her participation in the Contest will not violate any third-party rights or obligations, including without limitation policies or procedures of an employer or an entity created pursuant to the laws of its jurisdiction, which may include without limitation a university or other educational/research institution (“Entity”) or contractual obligations to or restrictions of an employer or Entity. To the extent an Individual’s participation is within the scope of his or her employment as an employee, contractor, or agent, or the purview as a student, member, representative or otherwise of an Entity, the Individual must have notified his or her employer or the Entity, as applicable, at the time of entry in the Contest, including without limitation the potential receipt of a prize. For the avoidance of doubt, Individuals who are students, instructors, or professors at a university, or otherwise employed by a university must meet the requirements of this subsection. Organizer reserves the right to request documented confirmation of any such approval or acknowledgment from Entrant’s employer or any Entity, as applicable. Organizer may disqualify any Entrant who fails to provide such documentation immediately upon Organizer’s request thereof in Organizer’s sole and absolute discretion.
- 2.4. Visa – Each Entrant must possess a valid passport to travel to Sweden or China with a visa valid for travel to and short-term stay in Sweden or China during the Design Exhibition Stage of the Contest (if applicable), as described and defined below.
- 2.5. English – Individuals must fluently speak, read, write, and understand English. All discussions with Design Directors and Judges, as defined below, will be conducted in English.
- 2.6. Entity Exclusions – Entities must NOT (i) have any legal jurisdiction incorporation or business registration presence in Cuba, Iran, North Korea, the Crimea region of Ukraine, Syria, and Venezuela; (ii) be subject to applicable U.S., Sweden, the European Union, or the United Nations export control sanctions; or (iii) be a parent or subsidiary of the Organizer.
- 2.7. Void where prohibited.
3. General Conditions of Participation
- 3.1. An Individual who meets the applicable eligibility requirements set forth in Section 2 of these Official Rules, signifies agreement to these Official Rules in full, and participates in the Contest is an Entrant (“Entrant”).
- 3.2. By submitting the registration/submission form, Entrant signifies Entrant’s acceptance of these Official Rules in their entirety. Receipt of any prize offered in this Contest is dependent upon Entrant’s compliance in full with these Official Rules.
- 3.3. Organizer seeks no promises or favoritism for itself or any of its related companies or affiliates in exchange for the opportunity to participate in the Contest. By entering the Contest, Entrant represents, warrants, and agrees that (i) Entrant’s participation in the Contest – including acceptance of any prize – will not violate any law, regulation, policy or rule in Entrant’s country, state, province, or local municipal location; and (ii) any potential prize is not in exchange for an agreement to influence a recent, pending or anticipated act or decision that may result in Organizer obtaining or retaining business or a business advantage.
- 3.4. To the extent permitted under applicable law, Entrant agrees that Organizer may cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest.
- 3.5. Entrant agrees that Organizer may disqualify any Entrant it finds to be tampering with the operation of the Contest or to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any Entrant to deliberately undermine the legitimate operation of the Contest may be a violation of the law, and Organizer reserves all rights to seek damages and other remedies (including attorneys’ fees) from any such Entrant to the fullest extent permitted by law.
- 3.6. Organizer is not responsible for incorrect or inaccurate entry information or content submitted by Entrant whether caused by internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error out of the Organizer’s control which may occur in the administration of the Contest.
- 3.7. If you choose to enter using your mobile device, standard data fees may apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.
- 3.8. All terms and conditions of any Contest website apply.
- 3.9. Multiple Entrants are not permitted to share the same email account. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email accounts, identities, registrations and logins, or any other methods will void that Entrant’s entry and that Entrant may be disqualified.
- 3.10. Use of any automated, programmed, robotic, or similar means of entry system to participate is prohibited and will result in disqualification.
- 3.11. In the event of a dispute as to any email account, the authorized account holder of the email address used to register on the platform or for the account will be deemed to be the Entrant. The “authorized account holder” is the Individual 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 the authorized account holder.
- 3.12. Receipt of entries will not be acknowledged or returned. Organizer is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic out of the Organizer’s control. Proof of submission will not be deemed to be proof of receipt by Organizer.
- 3.13. Entrants must comply with the applicable laws, decrees, regulations and guidelines of their jurisdiction of residence, and Organizer will have no obligation to change or modify any of these Official Rules or take any further action as a result of such laws, decrees, regulations or guidelines of any jurisdiction, except as is otherwise provided in these Official Rules.
- 3.14. Organizer’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, Entrants fully and unconditionally agree to be bound by these rules and the decisions of the Judges, which will be final and binding in all matters relating to the Contest. Unless explicitly requested by Organizer and the Judges pursuant to Section 5.1.10 below, once the initial Submission is submitted, Entrant may not make any alterations.
4. Timing of Contest Stages
- 4.1. Time frames for Contest stages are set forth below. All times are expressed in Central European Time (“CET”).
- “Registration/Submission Stage”: Starts 09:00:01 CET on 22 August 2022; ends at 16:00:00 CET on 31 August 2022
- Shortlisted Designers Announcement: 7 September 2022
- “Shortlisted Designers Stage”: Starts upon announcement of Shortlisted Designers; ends 16:00:00 CET on 12 October 2022 (the deadline for the Digital Model)
- Finalist Designers Announcement: 1 November 2022
- “Finalist Designers Stage”: Starts upon announcement of Finalist Designers; ends 16:00:00 CET on 9 November 2022
- Winning Designers Announcment: 11 November 2022
- 4.2. Announcement times will be approximately Noon CET on the designated date. Announcements will emanate from Organizer’s headquarters. Organizer’s computer is the official time-keeping device for the Contest. Entrant is responsible for determining the corresponding time in his, her, or its jurisdiction. Please see world clock http://www.timeanddate.com/worldclock for time zone conversion information. Dates listed in the above chart may vary slightly. If any date is changed, Organizer will post the changes on the Contest site. Please check the site regularly.
5. Contest Structure/Stages
- 5.1. Registration/Submission Stage
5.1.1. During the Registration/Submission Stage (defined and set forth in the chart above), log onto about.polestar.com/polestar-design-contest/2022/ (or for Chinese participants: polestar.com/zh-cn/polestar-design-contest/) (“Site”) and review the design brief posted on the Site in order to design a new type of Polestar (the “Design Brief”).
5.1.2. Create two (2) digital photo images responding to the Design Brief (the “Photos”) and follow the links and directions to enter. Collectively, the completed Contest application, including any applicable videos, the Photos, and attendant materials submitted in combination with the application constitute a “Submission.”
5.1.3. Submissions must comply with the Guidelines and Restrictions defined below in Section 7. Failure to conform constitutes grounds for disqualification.
5.1.4. You must designate yourself as either a “Student” or a “Professional” Entrant.
22.214.171.124. If you designate yourself as a “Student,” you must include the name of your current course of study and institution where you study, its address, and its phone number.
126.96.36.199. If you are not currently enrolled in a course or study, you must designate yourself as a “Professional.” The term “professional” does not require that the Individual works in the field of design.
5.1.5. You must also include on the online entry form your first name, surname, city and country of residence, phone number, along with any other requested information. You must also include a valid email address to enter.
5.1.6. Entrant must complete all required fields in complete in English.
5.1.7. Limit one (1) Submission per Individual. Individuals are not permitted to submit a Submission more than once during the Registration/Submission Stage, as defined below. Duplicate Submissions by the same person will be subject to disqualification.
5.1.8. All eligible Submissions will be judged by Organizer and Organizer’s design team, including Organizer’s design director, currently designated as Maximillian Missoni (subject to change in Organizer’s discretion) (“Design Director”) (collectively, the “Judges”).
5.1.9. All Submissions will be judged based on the following equally-weighted judging criteria (“Judging Criteria”):
188.8.131.52. how successfully the Submission adheres to the Design Brief and Design Philosophy, described and defined below;
184.108.40.206. whether the Submission showcases an exciting future for the Polestar brand; and
220.127.116.11. the quality of design execution.
5.1.10. Organizer and/or the Judges collectively reserve the right to either disqualify any ineligible Submissions or to request that any Entrant re-submit a Submission to conform to these Official Rules during the Registration/Submission Stage, or within a time-frame communicated by Organizer. Should any Entrant be asked to re-submit a Submission and fail to do so during the Registration/Submission Stage or within the time-frame and/or manner communicated by Organizer, such Entrant may be disqualified in Organizer’s sole discretion.
- 5.2. Shortlisted Designers Stage
5.2.1. Upon the close of the Registration/Submission Stage, the Judges will select the ten (10) Submissions submitted by Student Entrants with the highest average scores from all qualified Student entries received (“Student Shortlisted Designers”) and the ten (10) Submissions submitted by the Professional Entrants with the highest average scores from all qualified Professional entries received (“Professional Shortlisted Designers”) to advance to the Shortlisted Designers Stage.
5.2.2. In the event of a tie, the tied Submissions will be evaluated based on the “quality of design execution” criterion, as determined by the Judges in their sole discretion.
5.2.3. Organizer reserves the right to select fewer than 20 total Shortlisted Designers if fewer than 20 Entrants submit Submissions.
5.2.4. During the Shortlisted Designers Stage (defined and set forth in the chart above) the Professional Shortlisted Designers and the Student Shortlisted Designers shall have the opportunity to progress and further develop their original Submissions in response to feedback from Organizer and one (1) one-to-one coaching session with the Design Director, which session may be conducted via video conference or teleconference.
5.2.5. By the close of the Shortlisted Designers Stage, each Shortlisted Designer must submit his/her digital model on the Site in the format designated by Organizer (the “Digital Model”).
5.2.6. All Digital Models will be judged by the Judges pursuant to the following criteria:
18.104.22.168. how successfully the design meets the Design Brief;
22.214.171.124. how well it shows an exciting future direction for Polestar; and
126.96.36.199. the technical quality of the design itself.
- 5.3. Finalist Stage
5.3.1. Upon the close of the Shortlisted Designers Stage, the Judges will select the five (5) Submissions submitted by Student Entrants with the highest average scores from all qualified Student entries received (“Student Finalist Designers”) and the five (5) Submissions submitted by the Professional Entrants with the highest average scores from all qualified Professional entries received (“Professional Finalist Designers”) to advance to the Finalist Designers Stage.
5.3.2. In the event of a tie, the tied Digital Models will be evaluated based on the “technical quality of the design itself” criterion, as determined by the Judges in their sole discretion.
5.3.3. Organizer reserves the right to select fewer than 10 total Finalist Designers if fewer than 20 Shortlisted Designers submit Digital Models, or if fewer than 10 agree to verification, release, and security requirements set forth below.
5.3.4. Organizer will notify the Finalist Designers on or around 11 November 2022, by email.
5.3.5. Finalist Designers will also be subject to a certification process whereby Entrants will be required to provide certain information to Organizer within a designated period of time. Based on the information provided by the Finalist Designers, Organizer will determine, in its sole and absolute discretion, whether each Finalist Designer will advance to the Finalist Designers Stage.
5.3.6. Pursuant to its certification process, Organizer may require Finalist Designers to:
188.8.131.52. Submit a copy of an official government-issued identification for proof of identity, residency, and age;
184.108.40.206. Agree, sign, and submit documents confirming
220.127.116.11.2. Ownership of the rights to his or her Submission and Digital Model;
18.104.22.168.3. Agreement to have his or her Digital Model produced as a 1/5 scale hard model;
22.214.171.124.4. Agreement to keep status as a Finalist Designer confidential until Organizer makes a public announcement; and
126.96.36.199.5. Release of the Organizer and the Released Parties;
188.8.131.52. Agree that Organizer may in its discretion, and subject to applicable law, conduct a background check on the Entrant;
184.108.40.206. Agree, sign, and submit a publicity release, to the extent permitted in the Entrant’s jurisdiction of residence;
220.127.116.11. Complete and submit to Organizer an IRS form W-9 (potentially applicable to US residents) or an IRS form W8-BEN (potentially applicable to non-US residents), as applicable (“IRS” means the Internal Revenue Service, which is the tax authority for the United States);
18.104.22.168. Agree to participate actively and in good faith in the Finalist Designers Stage;
22.214.171.124. Agree to be available to meet with Organizer for video or telephonic interviews during the Finalist Designers Stage regarding personal profiles and other topics related to the Contest;
126.96.36.199. Certify that acceptance of any prize awarded in the Contest:
188.8.131.52.1. Will not violate any third-party rights or obligations, including without limitation an employer’s policies or procedures; and
184.108.40.206.2. Is not in exchange for an agreement to influence a recent, pending or anticipated act or decision that may result in Organizer obtaining or retaining business or a business advantage;
220.127.116.11. Grant to Organizer, to the extent permitted under applicable law, a non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, publicly perform, transmit via the internet, and publicly display Entrant’s Submission and Digital Model, in whole or in part, throughout the world and in perpetuity;
18.104.22.168. Confirm Individual Entrant’s or, as applicable, one Member’s availability to travel in or to Sweden or China (as described in greater detail in Subsection 8.3 to participate the Design Exhibition;
22.214.171.124. Represent and warrant that Entrant, if applicable, shall not take any action or make any statement to disparage or adversely affect the name, reputation or goodwill of the Organizer or any of the Released Parties, as defined below; and
126.96.36.199. Acknowledge the timing and requirements for travel associated with the Design Exhibition.
5.3.7. The Student Finalist Designers and the Professional Finalist Designers may receive digital modeling support from Organizer and/or Design Director in order to create a final digital model prototype (the “Digital Prototype”) intended for display at the Polestar Design Exhibition, (the “Design Exhibition”).
5.3.8. Digital Prototypes must comply with any quality specifications provided by Organizer during the Finalist Designers Stage.
5.3.9. All Digital Prototypes will be judged by the Judges pursuant to the following criteria:
188.8.131.52. how successfully the design meets the design brief;
184.108.40.206. how well it shows an exciting future direction for Polestar; and
220.127.116.11. the technical quality of the design itself.
5.3.10. The Judges may also take into account the information provided pursuant to Subsection 5.3.6 in making their final determinations and for breaking ties.
5.4. Winner Determination Stage
- 5.4.1. Upon the close of the Finalist Designers Stage (defined and set forth in chart above), the Judges will select the one (1) Submission/Digital Model submitted by Student Entrants with the highest average scores from all qualified Student entries received (“Student Winning Designer”) and the one (1) Submission/Digital Model submitted by the Professional Entrants with the highest average scores from all qualified Professional entries received (“Professional Winning Designers”).
6. Intellectual Property
- 6.1. By entering, each Entrant warrants and represents the following with respect to Entrant’s Submission: (a) Entrant is the sole and exclusive owner of the Submission and Entrant has all appropriate rights, powers and authority to grant Organizer all licenses to the Submission as set forth herein; (b) Entrant is not subject to any prior contractual, employment or third party commitments that would restrict Entrant’s ability to create and enter the Submission; (c) the Submission will not infringe on any rights of any third parties, and Entrant has all appropriate rights to use, and to grant Organizer the right to use, any third party content or technology used to develop or contained in the Submission; (d) to the extent possible under applicable law, no party can invoke any moral rights in relation to the Submissions that have not been duly waived; (e) the Submission and Entrant’s participation does not violate any local, state, provincial, national or foreign law; (f) the Submission does not contain the confidential information of any third party, and to the extent it contains Entrant’s confidential information, such information immediately becomes non-confidential the moment Entrant submits the Submission to Organizer and (g) the Submission is not being submitted on behalf of any Entity, including without limitation, any education institution or any other third party.
- 6.2. Organizer shall have an irrevocable, perpetual (or for the duration of protection of the rights where perpetuity is void), non-exclusive right to use, reproduce, modify, publish, create derivative works from, and display Submissions in whole or in part, on a worldwide basis, with or without identification of the Entrant or any authors of the Submission, in whatever form and in whatever circumstances Organizer sees fit, and to incorporate it into other works, in any form, media or technology now known or later developed (but for Spanish participants, in any medium known at the time when such rights were granted), for any purpose whatsoever, without prior review, payment, compensation, or additional consent by Entrant, including for promotional or marketing purposes, administration of the Contest, and in advertising and publicity related to the Contest, and Entrants consent to Organizer doing (or omitting to do) any acts in respect of the entry which may otherwise constitute an infringement of the Entrant’s moral rights, to the fullest extent permitted by law. The right to use set forth in the previous sentence shall also include a limited right to sublicense the Submissions to effectuate any purpose granted hereinto Organizer. In granting this license, Entrant understands and agrees that Organizer is under no obligation to exercise any of its rights, licenses and privileges herein granted. Entrants hereby agree to do such other things and execute such other documents as may be reasonably requested in order to allow the Organizer to make such use of, and exercise such rights over, their Submission.
- 6.3. For the avoidance of doubt, Organizer may publish, distribute, display and otherwise exhibit the Digital Models and Digital Prototypes at any time on a worldwide, perpetual basis, in conjunction with the name, biographical information, photograph or likeness of any Shortlisted or Finalist Designer, in any form, media or technology now known or later developed (including without limitation the Site, Organizer’s websites and social media channels), for display, promotional or marketing purposes, to the fullest extent permitted by law. Entrants acknowledge that visitors to the Site have the right to access information posted to the Site in accordance with the Terms and Conditions of the Site.
- 6.4. Entrants agree that entering the Contest may affect his/her legal rights, including, but not limited to, each Entrant’s ability to obtain patent rights, copyright registration, trade secret protection, or other intellectual property or proprietary rights with respect to the information disclosed in the Submission. Entrants agree that Organizer has not induced any Entrant to enter the Contest, and is not responsible or liable to any Entrant for any loss of right suffered by any Entrant for entering the Contest.
- 6.5. By making a Submission, Entrant acknowledges and agrees that Organizer and its designees (i) are continually and independently of the Contest and Entrant’s Submission working on creating, developing, improving upon and expanding Organizer's product and service offerings, including supporting electric car technology, accessories and systems, and may already be developing or may develop in the future products, services, technology, networks, software, and systems that are similar or identical to the Submission; and (ii) may receive Submissions from other Entrants that may be similar or identical to the Submission Entrants submit. By entering this Contest, Entrant hereby releases Organizer for use of Entrant’s intellectual property rights related to the Submission, and hereby agrees not to sue Organizer, its employees, directors, affiliates, subsidiaries, parents, agents, successors and assigns for any actual or alleged infringement or misappropriation by any Organizer product, service, technology, network, software, or system of Entrant’s intellectual property rights related to the Submission. Furthermore, Entrant hereby waives any and all claims Entrant may have had, may currently have, and/or may have in the future related to Organizer's review, acceptance, and/or use of the Submission, and agrees that Organizer is under no obligation to review, use, or in any way process Entrant’s Submission, regardless of any status indicated on the Site. Further, Organizer is not and shall not be restricted in any way from pursuing, developing, or commercializing, in any way that Organizer sees fit, independent of Entrant and at Organizer's sole discretion, any technology or innovation that is created independent of Entrant’s Submission. Participating in this contest does not create an obligation on either Entrant’s part or Organizer’s part to enter into any business relationship or sign any commercial agreement, and Entrant acknowledges that the intent of the Contest is to encourage people to suggest their ideas and innovations to Organizer.
- 6.6. Winners understand and agree that Organizer shall have exclusive third party commercial marketing rights with respect to the Winner’s Display Model and any commercial development thereof.
7. Intellectual Property
Submission Guidelines and Content Restrictions: By entering the Contest, each Entrant agrees that Entrant’s Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Organizer, in its sole discretion, may remove any Submission and disqualify an Entrant from the Contest if it believes, in its sole discretion, that the Entrant’s Submission fails to conform to the Guidelines and Restrictions.
- 7.1. Submission Guidelines:
7.1.1. The initial Photos Submission must include two (2) separate images showing the design from two different vantage points (format: 1920x1080 px, jpg or png).
- 7.2. Content Restrictions:
7.2.1. The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
7.2.2. The Submission must not have been previously displayed or exhibited publicly;
7.2.3. The Submission must not disparage Organizer or any other person or party;
7.2.4. The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
7.2.5. The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
7.2.6. The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of any jurisdiction where Submission is created or submitted;
7.2.7. The Submission must not include any material including malware, spyware, viruses, worms, malicious code and any and all other code, instructions or components that are deceptive, malicious, harmful or designed to interfere with, breach, harm or limit the functionality or security of any product, service, network or other system or technology of Organizer or any other third party;
7.2.8. The Submission must be consistent with the image and values of Organizer and be consistent with and satisfy the purpose of the Contest. In particular, the Submission must align with the Design Brief and Polestar’s Design Philosophy (the “Design Philosophy”):
18.104.22.168. Pure: Minimal decoration or embellishment – transparently showing the technology within.
22.214.171.124. Progressive: New, distinct types of design that take a different approach to the establishment.
126.96.36.199. Performance: Clever, advanced, premium technical solutions that make for enhanced driving dynamics.
Two (2) Grand Prizes. Subject to verification and compliance with these Official Rules, the Professional Winner and the Student Winner (“Grand Prize Winners”) shall each receive:
- 8.1. A computer configuration, including software, optimized for product design capability, and a tablet, selected and configured by the Organizer in its sole discretion;
- 8.2. The opportunity for Organizer to produce the Grand Prize Winner’s Digital Prototype as full scale hard model (exterior) and digital model (interior), intended to be one of the centerpieces for display at the Shanghai Auto show 2023 (the “Display Model”); and
- 8.3. Travel to and attendance at the Design Exhibition as guests of honor (the “Trip Prize”).
8.3.1. The Trip Prize consists of a one (1) day, two (2) nights for Grand Prize Winner to the Shanghai Auto Show, April 2023.
8.3.2. The designated destination for attendance at the Design Exhibition in Sweden or China is subject to Organizer’s determination of the most practical and cost-effective destination based on residency of the Grand Prize Winner, in Organizer’s sole discretion.
8.3.3. The Trip Prize includes round-trip coach airfare from major gateway airport nearest the Grand Prize Winner’s residence and hotel accommodations in or around either Gothenburg or Chengdu, as applicable. Hotel is selected by the Organizer in its sole discretion. Taxes, meals, gratuities, travel upgrades, travel to gateway airport, costs associated with transportation of the computer system awarded as part of the Grand Prize, and any other expenses not specifically listed herein are the responsibility of Grand Prize Winner. Travel and accommodations are subject to availability; certain restrictions, local health conditions, and blackout dates may apply.
8.3.4. Grand Prize Winner must be available to attend the Design Exhibition on the specified date, or prize will be forfeited and may be awarded to an alternate. Organizer is not liable for delays, cancellation, or unforeseen events related to the flights.
8.3.5. Grand Prize Winners will be solely responsible for obtaining valid identification and travel visas relating to acceptance and use of the travel prize packages, and must be in compliance with all applicable health requirements of the host city.
8.3.6. If in the judgment of Organizer, air travel is not required due to Grand Prize Winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Organizer’s sole discretion. Organizer will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.
- 8.4. Total value of Grand Prize awarded will depend on the Grand Prize Winner’s country/jurisdiction of residency and applicable transportation costs. Computer components set forth in § 8.1 above have an approximate retail value of 6,000 Euros.
- 8.5. Prizes are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize, Organizer reserves the right to substitute a prize of equal or greater value. All federal, state, provincial and local taxes and unspecified expenses (including social contributions and/or VAT Taxes, where applicable) are the responsibility of each Grand Prize Winner.
- 8.6. Organizer reserves the right to award the computer components of Grand Prize at the Design Exhibition.
- 8.7. AWARDS OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO ORGANIZER ALL DOCUMENTATION REQUESTED BY ORGANIZER TO PERMIT IT COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL OR OTHER TAX REPORTING LAW OR REGULATIONS IN THE UNITED STATES AND IN THEIR RESPECTIVE JURISDICTION. IF APPLICABLE, ALL PRIZES WILL BE NET OF ANY TAXES ORGANIZER IS REQUIRED BY LAW TO WITHHOLD. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Refusal by any Entrant to submit such documentation or complete any required forms or obligations shall result in such winner forfeiting the prize, leaving it unclaimed.
- 8.8. Limit one (1) prize per person or household.
- 9.1. BY PARTICIPATING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE NON-EXCLUDABLE GUARANTEES (DEFINED BELOW) ENTRANTS AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS ORGANIZER, ITS PROMOTIONAL PARTNERS, AND THEIR ADVERTISING AND PROMOTIONS AGENCIES, CONTENT PROVIDERS, PRODUCERS AND DISTRIBUTORS OF CONTENT AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED ENTITIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN CONTEST, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION.
10. Limitation of Liability; Disclaimer of Warranties
- 10.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE ANY WEBSITES ASSOCIATED WITH THIS CONTEST, OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW (I) THE EXCLUSION OF IMPLIED WARRANTIES ON APPLICABLE STATUTORY RIGHTS; AND (II) LIMITATIONS ON A CONTRACTING PARTY’S LIABILITY WITH REGARDS TO DAMAGES OR DEATH CAUSED DUE TO ITS NEGLIGENCE OR INTENTIONAL MISCONDUCT, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN SOME CASES. THIS LIMITATION MAY NOT BE ENFORCEABLE IN ALL JURISDICTIONS AND THEREFORE MAY NOT APPLY TO ALL ELIGIBLE PARTICIPANTS. FURTHER, NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE OFFICIAL RULES WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS AND CONDITIONS TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- 10.2. For Residents of Colombia, Finland, Germany, Italy, and Spain only: This limitation to the amount of damages does not apply.
- 10.3. For Residents of Poland only: Complaints regarding the Contest proceedings may be submitted in writing to Organizer’s address within 21 days of the end of the Contest. A written complaint should include: name, address of the Entrant, as well as detailed description of the complaint. A complaint will be resolved within 14 days of receipt by the Organizer. The decision will be communicated to the Entrant in writing by a registered letter sent to the address included in the complaint within 7 days of the resolution of the complaint.
- 11.1. Organizer reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, global pandemic, fraud, force majeure, or other causes beyond its reasonable control corrupt or affect the administration, security, fairness, or proper conduct of the Contest and/or as a result of any applicable law, regulation, decree or guideline, or for any reason at all, in Organizer’s sole discretion.
- 11.2. If Organizer decides to cancel or modify this Contest in accordance with these Official Rules, it will provide a notice of such cancellation or modification on the Site or in a social media post from its owned and operated channels. Organizer reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site. Organizer may prohibit an Entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Organizer representatives.
- 11.3. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE ORGANIZER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Disputes; Governing Law
To the fullest extent permitted by law, the parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. For Italian consumers only: any disputes arising out of or in connection with these Official Rules shall be subject to the jurisdiction of the competent court of the place where she or he has her or his residence or domicile.
- 12.1. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF SWEDEN WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
- 12.2. The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Gothenburg, Sweden and the language to be used shall be English. The parties agree not to raise the defense of forum non conveniens.
13. Use of Data
14. Name of Winner/List of Winners
To obtain a list of winners including country and/or city and state of residence, as applicable, send a self-addressed, stamped envelope with sufficient postage by November 12 to: Polestar Design Contest, Assar Gabrielssons väg 9, 418 78 Göteborg, Sweden.
If the application of any provision of these Official Rules to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitration panel or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of these Official Rules, shall not in any way be affected or impaired thereby; and (b) such provision shall be enforced to the maximum extent possible. In addition, if any provision contained in these Official Rules shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law. Organizer’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
16. Not an Offer of Employment
Nothing in these Official Rules is an offer or contract of employment of any kind with any Individual. Entrant acknowledges that Entrant’s Submission, Digital Model, and Digital Prototype have been submitted voluntarily and not in confidence or in trust. Entrant acknowledges that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and Organizer or any of the Released Parties and that no such relationship is established by submission of any Content pursuant to these Official Rules.
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