Guggenheim

DESIGN IT Shelter Competition OFFICIAL RULES

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The following are the official rules for the Guggenheim Museum and Google® SketchUp Design It Shelter Competition (the “Competition”):

• Organizer: The Competition is organized by The Solomon R. Guggenheim Foundation, located at 345 Hudson Street, Floor 12, New York, NY 10013 (“Organizer”).
  
  
• Binding Agreement: In order to enter the Competition, each entrant (“you”) must agree to these Official Rules, which consist of the terms and conditions on this page and the Entry Form made available on the Guggenheim Foundation Web site at guggenheim.org/new-york/education/sackler-center/design-it-shelter/official-rules. If you are a minor, you must obtain the permission of a parent and/or legal guardian and your parent and/or legal guardian must also agree to these Rules on their and your behalf before you can enter this Competition. Therefore, please read these Rules carefully prior to entry to ensure that you understand and agree. You agree that submission of an entry in the Competition constitutes agreement to these Rules.  You may not submit an entry to the Competition and you are not eligible to receive the prizes described in these Rules unless you agree to these Rules.  These Rules form a binding legal agreement between you and Organizer with respect to the Competition. You must have access to the Internet and a valid e-mail address in order to enter the Competition.
  
  
• Eligibility: The Competition is open to entrants 13 years of age and older. Anyone between the ages of 13 to 17 must obtain the permission of a parent or legal guardian prior to entering, and the parent or guardian must consent to be bound—on their child’s and their own behalf—to these Official Rules. The Competition is subject to all applicable federal, state and local laws and regulations, and is void where prohibited by law. Employees of Organizer, employees of Google Inc., and students and employees of the Frank Lloyd Wright School of Architecture—as well as their immediate families (spouse, parent, sibling, child, and spouse of any of the foregoing) and those living in their immediate households, whether or not related—are not eligible to enter the Competition or to win a prize.
  
  
• Entry Period: The Competition entry period begins June 8, 2009 at 9 am EST and ends on August 23, 2009 at 5 pm EST (the “Entry Period”).
  
  
• Competition Details: Organizer invites designers from around the world—both amateur and professional—to submit their 3D designs for an original shelter that responds to a unique location anywhere on Earth.  Entrants share ideas on the Guggenheim Foundation’s website by modeling the shelter using Google SketchUp or another 3D modeling program, and placing the model on a specific location in Google Earth and in the Google 3D Warehouse. Location: You can build your shelter anywhere on earth: from city, to desert, from the hills to a valley. You cannot remove any existing buildings, but you can add on to existing structures. Size: Keep your shelter small—no larger than 100 square feet, and no taller than 12 feet. Amenities: Your shelter must offer protection from the elements and provide a space for one person to study and sleep. Keep it simple—no water, gas or electricity allowed.
  
  When designing a shelter, you are encouraged to consider Frank Lloyd Wright’s interest in the connection between architecture and location, i.e., how does your shelter respond to the specific natural and built environments that surround it?
  
  
• How to Enter: Complete the entry form and enter all required information as indicated with an asterisk below (unmarked items are optional). Entries must be submitted here: guggenheim.org/new-york/education/sackler-center/design-it-shelter/design-it-competition-entry-form. All images and text submitted as part of the entry may be used by Organizer for marketing and promotional purposes and will not be returned. Entries must be submitted during the Entry Period to be considered.
  

•    Complete entry form*
•    Google 3D Warehouse Model URL*
•    Shelter Title*
•    Designer Name*
•    Designer E-mail*
•    City where you are located*
•    Age* (Entrants must be 13 years or older as of June 8, 2009)
•    Country where entrant is located*
•    Shelter Description* (No more than 70 words)
•    Country where entrant’s shelter is located*
•    Image of entrant’s shelter*
•    2nd image entrant’s shelter
•    3rd image of entrant’s shelter
•    4th image of entrant’s shelter
•    YouTube Video URL

All entries must be in English. In order to be eligible for a prize, your entry must be uploaded into the Google 3D Warehouse. To upload your model to the 3D Warehouse you must create a Google Account. To sign up for a Google Account, visit google.com/accounts. Organizer accepts no responsibility for lost or delayed submissions. The submission of an entry is your sole responsibility. Automated entries (including, but not limited to, entries submitted using any bot, script, macro or contest service), copies, third-party entries, facsimiles and/or mechanical reproductions are not permitted and will be disqualified. Each entrant may submit as many entries as they wish, one model shelter per entry.


• Ownership Rights in Submissions; Originality; License Grant: By submitting a shelter design in the Competition (the “Submission”), you represent and warrant that (1) the Submission (which includes the models, images, video, and text submitted with the shelter design) is your original work and you are the sole and exclusive owner and rights holder of the Submission; (2) you have not entered into or become subject to any contract, agreement or understanding that conflicts with your ability to enter into this legally binding agreement and convey the rights set forth herein; and (3) the Submission shall not infringe any third party proprietary, intellectual property or other rights, including, without limitation, copyright, trademark, patent, trade secret or confidentiality obligation.  Your entry must not have won a prize in any other competition or have been previously published or sold.
  
  By submitting a Submission, you grant to Organizer and Google Inc., their affiliates, and their respective successors and assigns, a non-exclusive, unlimited, worldwide, perpetual, royalty-free license to publish, reproduce, display, transmit, distribute, adapt, make derivative works of, and otherwise use your Submission, in any media now known or not yet existing, including but not limited to the guggenheim.org website and other Guggenheim- and Google-sponsored web pages for any and all purposes.  You hereby acknowledge that you shall not be entitled to any compensation for any use of your Submission by Organizer.


• Winner Selection: There are two Competition prizes: a Juried Prize and a People’s Prize. Each qualified entrant is only eligible to win either the Juried Prize or the People’s Prize.
  
  JURIED PRIZE: A panel of independent experts invited by Organizer will select a Juried Prize winner from all qualified entries.
  
  PEOPLE’S PRIZE: A panel of students currently enrolled at the Frank Lloyd Wright School of Architecture will select ten finalists for the People’s Prize from all qualified entries.  The winner will be selected by public vote via the Website.  Voting will be open from 9:00 am EST September 7, 2009 through 11 pm EST on October 10, 2009.

Qualified entries will be judged on a variety of qualities, including:
• The relationship of the shelter to the built or natural environment around it:
  How does the architecture of your shelter relate to the physical location you have chosen for it? How is your shelter placed on the physical site? In what ways does your shelter take into account the physical site’s weather?
• Innovative design:
  How does your shelter organize space? How does the design of your shelter provide space to live and work? Both practical and fanciful ideas are welcome. The judges will not take into account whether a shelter could physically be built in real life.
• Thoughtful use of materials:
  Why did you choose the materials that you used? How do the materials enhance the design of your shelter?
• Adherence to the Competition specifications:
  The interior/sheltered space can be no larger than 100 square feet, and entire shelter no taller than 12 feet high. The structure should not include water pipes, gas lines, or electrical wiring.
• Quality of the SketchUp model:
  Well-built models that visually represent your design ideas will catch the eye of the judges.
  
  Your written description of your shelter will help the jury (as well as visitors to the Competition website) understand your thought process and your design. Take this opportunity to explain your ideas and decisions, so that viewers will know that your choices were made purposefully and for specific reasons. You also have the ability to upload up to four (4) still images and one (1) animation of your shelter. Although only one (1) still image is required, the additional views may be helpful in giving a sense of the space in and around your shelter.
  The decisions of Organizer and the judges in selecting the winners and in all matters relating to the Competition are final and binding. The winning shelters and identity of the winners will be announced on Guggenheim.org and at the Guggenheim Museum’s 50th anniversary celebration on October 21, 2009. The winners will be notified by email and in writing by certified mail no later than October 15, 2009.


• Prizes:
  JURIED PRIZE: On a date to be determined by Organizer, the Juried Prize winner and one guest will be flown to New York City (economy class) for a behind-the-scenes tour of the Solomon R. Guggenheim Museum and the Google Inc. offices. The Juried Prize also includes two nights’ accommodation for two, complimentary admission for two to selected New York City museums, Google SketchUp Pro license (USD $495 value), and a USD $1000 cash award.
  
  PEOPLE’S PRIZE: On a date to be determined by Organizer, the People’s Prize winner and one guest will be flown to New York City (economy class) for a behind-the-scenes tour of the Solomon R. Guggenheim Museum and the Google Inc. offices. The People’s Prize also includes two nights’ accommodation for two, complimentary admission for two to selected New York City museums and a Google SketchUp Pro license (USD $495 value).
  
  If the winner of either the People’s Prize or the Juried Prize chooses not to accept the prize, an alternate winner will be chosen. All federal, state, and local taxes on the value of the prize are the sole responsibility of the winner. A 1099 tax statement will be filed with the IRS for each winner and each winner may be required to sign and return to Organizer a W-9 form, an Affidavit of Eligibility, a Liability/Publicity Release, and/or a Parental/Guardian Consent Form. Failure to do so within the applicable time period may result in disqualification and forfeiture of his or her prize. Return of any prize/prize notification may result in disqualification and selection of an alternate winner.  Any potential winner who cannot be contacted within fifteen (15) days of attempted first notification may result in disqualification and forfeiture of his or her prize. 
  
  All minors traveling to New York City must be accompanied by one parent or legal guardian. Airfare and hotel accommodations will be arranged at Organizer’s discretion. Winners are responsible for transport from their home to and from their airport and any other incidentals or expenses. There is no cash alternative and the prizes must be taken as offered.


• Right to Use Name, Likeness, and Other Identifying Information: By submitting a Submission, you grant to Organizer and Google Inc., their affiliates and their respective successors and assigns, the right, except where prohibited by law, to use your name, likeness, city and state, biographical information, and Submission materials for all purposes, including, but not limited to, press and media communications, without further compensation to you.  You also agree to participate in any media or promotional activity regarding the Competition.  If you are a winner, you agree that Organizer and Google Inc. may use your name and likeness to administer and promote the Competition and to conduct media interviews and promotional events, and you hereby explicitly waive your rights of privacy and publicity under applicable law.


• Privacy:  By participating in this Competition, you agree that Organizer can collect your personal information, and that if Organizer cannot collect the required data, you may not be eligible to participate in the Competition.  Any personal information collected during the course of the Competition by Organizer will only be used for administering this Competition and for other purposes as outlined in these Official Rules, and will be subject to the Organizer’s and Google Inc.’s respective Privacy Policies located at guggenheim.org/privacy-policy/ and google.com/intl/en/privacy.html.  You will have the right to access, review, rectify or cancel any personal data held by Organizer or Google Inc. by writing to Organizer or Google Inc. at the addresses specified in the above-mentioned website address listed above.  If you do not want your information used in this manner, do not enter this Competition.


• General Conditions: This Competition is governed by the laws of the State of New York, United States.  All federal, state and local laws and regulations apply.  By participating in this Competition, you agree to be bound by the terms of these Official Rules, which will be posted on the Competition Web site at: guggenheim.org/new-york/education/sackler-center/design-it-shelter/official-rules throughout the Entry Period, and by the decisions of Organizer and the judges, which are final and binding on all matters pertaining to this Competition.
  By participating in this Competition, you agree to be bound by the terms and conditions of the Guggenheim Foundation (guggenheim.org/terms-conditions/) and Google (google.com/accounts/TOS), including any specific terms of use that govern Google SketchUp, Google 3D Warehouse and Google Earth, which are Google products.  Use of any Google products and related programs are neither hosted, managed nor operated by the Guggenheim Foundation.
  
  Organizer reserves the right, in its sole discretion, to disqualify any entrant found to be (1) tampering or attempting to tamper with the entry process or the operation of the Competition; (2) violating the Official Rules; (3) violating the terms of service, conditions of use or general rules or guidelines of any Organizer or Google Inc. property or service; or (4) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.  Any false information provided within the context of the Competition by any entrant concerning identity, postal address, or ownership of rights in the Submission, and/or non-compliance with Official Rules may result in the immediate elimination of the entrant from the Competition.  Organizer further reserves the right to disqualify any entry that it believes, in its sole discretion, infringes or violates the rights of any third party or otherwise does not comply with the Official Rules.  CAUTION:  ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.  SHOULD SUCH AN ATTEMPT BE MADE, ORGANIZER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
  
  Organizer, its affiliates, and their respective officers, directors, trustees, employees, agents, successors and assigns (collectively, the “Released Parties”) are not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect or delay in operations or transmission.  Released Parties are not responsible for theft or destruction or unauthorized access to or alterations of Competition materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind.  Released Parties are not responsible for inaccurate transmissions of or failure to display Competition materials as a result of technical problems or traffic congestion on the Internet or at any website or any combination thereof.  If for any reason the Internet portion of the Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Competition, Released Parties reserve the right, in their sole discretion, to cancel, terminate, modify or suspend the Competition.


• No Recourse to Judicial or Other Procedures:  To the extent permitted by law, the rights to litigate, to seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Competition are hereby excluded, and you expressly waive any and all such rights.


• LIMITATIONS OF LIABILITY; INDEMNIFICATION: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES RESULTING FROM, RELATED OR INCIDENTAL TO (1) ANY ACT, OMISSION, DEFAULT OR BREACH BY YOU OF THE RULES OR ANY WARRANTY BY YOU SET FORTH HEREIN; AND (2) YOUR PARTICIPATION IN THE COMPETITION AND/OR YOUR USE OR ACCEPTANCE OF ANY PRIZE WON.


• Severability:  If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.


• Entire Agreement:  This binding agreement is the entire understanding between you and Organizer concerning the subject matter addressed herein and supersedes and replaces any previous understandings between the parties concerning the subject matter addressed in this binding agreement.