Burgeon Outdoor Design Contest Terms and Conditions

BURGEON LLC (“Burgeon Outdoor”) is looking for new apparel designs and needs your help! We are seeking designers who can design a creative, innovative and professional design reflecting the outdoors and pursuing our mission to help mountain communities flourish. The design should be recognizable and help create a healthy connection between outdoor enthusiasts, our economy and the mountains to promote Burgeon Outdoor.  

Please read below for more details regarding the terms and conditions of the Design, contest rules & submission requirements, all of which you must agree to comply in order to enter into the Contest.

Any person submitting a design, image, drawing, picture, and/or photograph (“Design”) to Burgeon Outdoor for the design contest (the “Contest”), hereby agrees to be legally bound by these Terms and Conditions, as follows:  

1. Contest Timeline. The Contest will be held from August, 1 2020 to August 31, 2020.  To be eligible, any Design must be submitted to Burgeon Outdoor through our upload tool at www.burgeonoutdoor.com/pages/design2020.  Burgeon Outdoor may, at its sole discretion, extend the duration of the Contest at any time without prior notice.  Participants’ participation in the Contest during any extended period shall be governed by these Terms and Conditions.

1. Eligibility. The Contest is open to any individual person in the United States, except where prohibited by law, provided they are 18 or above.  There is no limit to entries and an individual may make. The prize will be given to the author of the competition entry in case of group.

1. Design Requirements. 

1. Your Design should reflect and communicate to the wider outdoor enthusiast community a visual message of creating a healthy connection between outdoor enthusiasts, our economy and the mountains to promote Burgeon Outdoor;
2. Designs must be allocated to one of the categories laid out in the contest description. The category “General Design” should be used for any design that does not fit into one of the other categories;
3. Each design may only be submitted to a single category;
4. Designs must be submitted in any of the following formats: .ai, .jpg, .tiff, or .pdf (if a hard-copy design sketch is submitted, it must be scanned or otherwise rendered into one of the above computer formats and submitted); 
5. Burgeon reserves the right to make alterations to designs as needed in order to adjust the file format. 
6. Images must be a minimum of 3” x 3” and a maximum of 14” x 11”;
7. File should be of high resolution (over 300dpi) and should look clean (not pixelated or bit-mapped) when viewed on screen at 100%. 

1. Contest Winners. Entries will be judged on their visual appeal, adherence to the concept prompting the contest, quality of design, and ease of reproduction, by a panel of Burgeon Outdoor employees and assignees who are qualified to assess design creation.  The decision of Burgeon Outdoor regarding any winner of the Contest is final, including, but not limited to, any decision that no winner will be chosen. Burgeon Outdoor is not responsible for lost, late, misdirected, incomplete, illegible, or otherwise unusable entries, including entries that are lost or unusable due to computer, internet, or electronic problems.  Burgeon Outdoor is not responsible for lost, late, misdirected, incomplete, illegible, or otherwise unusable entries, including entries that are lost or unusable due to computer, internet, or electronic problems.

1. Prizes.  The winner from each category will receive a $100 gift card to Burgeon Outdoor. The grand prize, as selected by the community vote administered by Burgeon, shall be a $250 gift card to Burgeon outdoor. There is no cash alternative to the prize and Burgeon Outdoor shall have the right to substitute the prizes being offered with one of equal or greater value. 

1. Consideration.  In exchange for design submission and intellectual property rights transfer of the Design (to the Contest winner), the Contest winner will receive the aforementioned prize as well as recognition and exposure related to the Design. Both parties agree this is adequate consideration to support the Contest and assignment of intellectual property rights to Burgeon Outdoor.  

1. Contest Disqualification.  Burgeon Outdoor, reserves the right, in its sole discretion, to disqualify entries that do not meet these Terms and Conditions.  Burgeon Outdoor reserves the right, in its sole discretion, to disqualify any participant in the Contest who is found or suspected of tampering with the Contest submission process, the operation of the Contest, or to be in violation and/or breach of these Terms and Conditions and/or the Terms and Conditions on Burgeon Outdoor website.  Burgeon Outdoor reserves the right to pursue legal action against any individual it believes has undertaken fraudulent activities or other activities harmful to the Contest or the Contest submission process.  The decision of Burgeon Outdoor regarding any disqualifications is final.

1. Intellectual Property Rights Transfer to Burgeon Outdoor. By submitting a Design to Burgeon Outdoor in this Contest, you agree that the Design shall become the sole and exclusive property of Burgeon Outdoor and you hereby grant all right, title and interest in and to the Design, including, but not limited to, all copyrights, trademarks, patents and any other intellectual property in the Design.  For no additional consideration, the undersigned agrees to sign such additional documents as may be required to vest title in and to the Design.  Participant/s represent and warrant that his/their entry is his/their own original work/creation and do not infringe the intellectual property rights of any third party. In furtherance of this Section 8 and Section 16, the Participant hereby indemnifies and keeps indemnified Burgeon Outdoor and any affiliate or successor ("Indemnified Parties") against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which the Indemnified Parties may suffer or incur as a result of a breach by the Participant. 

1. Design Submission Use. Burgeon Outdoor reserves the right to use, and participant hereby consents to such use, any Contest participant’s Design, in whole or in part, including any modifications or amendments thereto, for purposes of publicity and/or promotion of the Contest.  Submission of a Design in the Contest does not obligate Burgeon Outdoor to use such Design.

1. Participant Publicity Release.  Burgeon Outdoor reserves the right, in its sole discretion, to use any Contest participant’s name, age, photograph and place of birth or residence for the purpose of publicity, advertising, marketing or promotion without prior compensation or notice.

1. Modification.  Burgeon Outdoor may, in its sole discretion, amend, revise, supplement, delete, vary, add, modify, cancel, terminate or suspend the Contest or these Terms and Conditions prior to the cessation of the Contest for any reason and without prior notice, including for technical reasons such as computer viruses, bugs, tampering or technical failures.  Contest participants shall be bound by such changes, amendments, revisions, supplements, deletions, variations, additions, modifications, cancelations, terminations or suspensions.

1. Warranties. Burgeon Outdoor makes no warranties or guarantees in relation to the submission of entries or receipt of any prizes.   Burgeon Outdoor disclaims any liability for any errors, omissions, deletions, defects, delays in operation, theft or destruction, unauthorized access to, or alteration of a Design. 

1. LIMITATION OF LIABILITY.  IN NO EVENT SHALL BURGEON OUTDOOR, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE CONTEST, THE PRIZES, THE APPAREL WE PROVIDE, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BURGEON OUTDOOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

1. Indemnification. All participants in the Contest agree to release and hold Burgeon Outdoor free and harmless of any and all losses, damages, rights, claims, actions, costs and expenses of any kind in connection with the Contest or resulting from acceptance, possession, or use of any prize, including without limitation to personal injury, death, and property damage, and claims based on intellectual property infringement, publicity rights, defamation or invasion of privacy.

1. Taxes. Burgeon Outdoor is not responsible for lost, late, misdirected, incomplete, illegible, or otherwise unusable entries, including entries that are lost or unusable due to computer, internet, or electronic problems.

1. Governing Law.  By participating in the Contest, you fully and unconditionally agree to be bound by these Contest Terms and Conditions, which are governed by the laws of the State of New Hampshire.  Burgeon Outdoor and all Contest participants irrevocably agree that the courts of the State of New Hampshire shall have exclusive jurisdiction to settle any dispute which may arise in connection with these Terms and Conditions or the Contest and submit all such disputes to the jurisdiction of the courts of the State of New Hampshire.