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Polaroid Eyewear “Best Under The Sun” Design Contest

Polaroid Best Under The Sun Design ContestDeadline:  30 September 2011

Open to:  Anyone with a design affinity can participate in this competition. The entrant should have design knowhow and should be capable of doing a technical drawing (or have somebody doing the technical drawing for them in line with their original design idea).

– BEST UNDER THE SUN – Design Contest

Polaroid Eyewear, a leader and pioneer in premium polarizing lenses and highly fashionable sunglasses since 1937, encourages students, professionals and design aficionados to inspired by trends from past or future decades – between 1930 and 2020.

For each submitted sunglass design, each participant will have to either come up with 2 detailed technical drawings (created in .ai or .dwg), a front view and a side view, or one 3D drawing (created in .3ds). The drawings must be uploaded onto the official webpage as PDF.

Each participant has to come up with a short description of the idea/story behind the product, a description of materials and measurements, as well as a recommendation for a matching product name.

Submissions will be featured on the Polaroid “Best Under The Sun” webpage and Facebook page. The online community along with an expert jury at Polaroid Eyewear will select up to and the winners will be announced by April 2012.

Up to 10 best selected designs will be launched globally in 2013 as part of the Polaroid “Best Under The Sun” Signature and will have the designers’ names in the product description. The winning designers will be paid royalties on every piece of their style sold and will have the opportunity to present their design at the prestigious .


1. TERMS AND CONDITIONS
1.1 Polaroid Eyewear is a division of StyleMark AG a company incorporated in Switzerland, with company registration number CH.020.3.020.989.7 and registered office at Herostrasse 7, 8048 Zürich, Switzerland referred to throughout these terms as “Polaroid Eyewear”.
1.2 These Terms shall apply to the Contest, and shall become binding on Entrants at the time they register for the Contest. By doing so, Entrants accept and agree to be bound by these Terms.
1.3 Notwithstanding clause 6.2, these Terms shall constitute the entire agreement between Polaroid Eyewear and each and every Entrant in relation to the Contest, to the exclusion of any and all other terms and conditions which may have been submitted by an Entrant, or subject to which any Product is submitted by an Entrant, unless otherwise expressly agreed by Polaroid Eyewear in writing or permitted by these Terms.
1.4 You acknowledge that Best under the Sun is a registered trademark of StyleMark Inc. USA. Polaroid and Polaroid & Pixel are trademarks of PLR IP Holdings, LLC, used by Polaroid Eyewear under license. Ultrasight and Thermofusion are trademarks of StyleMark Inc., USA

2. INTERPRETATION
2.1 The definitions and rules of interpretation in this clause apply throughout these terms and conditions (the “Terms”).
“Category”: the categories of sunglasses as defined in clause 4.1;
“Contest”: the Polaroid “Best under the Sun Design Contest”, as governed by these Terms;
“Contest Period”: the period during which Entrants can make Submissions to the Contest as defined in clause 3.1;
“Entrant”: an individual person who enters the Contest in accordance with these Terms. For the avoidance of doubt, no company, organisation, partnership or other association, organisation or body (whether or not incorporated, and whether or not having separate legal personality) shall be an “Entrant”;
“Intellectual Property Rights”: any and all intellectual property rights anywhere in the world of whatever nature whether existing now or in the future including, without limitation, patents, rights in patentable inventions, utility models, trade marks, service marks, rights in computer software (including, without limitation, rights in graphical user interfaces, object code and source code), registered designs, unregistered design rights, copyrights, database rights, topography rights, rights in confidential information, know-how, trade secrets, rights in trade names, logos and domain names; in all cases whether registered, registrable or otherwise, and including any and all applications (and rights to apply) for any of the foregoing, and renewals or extensions of such rights, and the right to sue for infringement of any of the foregoing, and all similar or equivalent rights or forms of protection;
Prize”: the prizes awarded to Winners as defined in clauses 6.3 and 6.4;
“Product”: a sunglasses product for manufacture and sale by Polaroid Eyewear and for use by adults, designed by an Entrant for entry in the Contest, and submitted to Polaroid Eyewear in accordance with these Terms;
“Product IP”: Intellectual Property Rights subsisting in each Product and the drawings, illustrations, diagrams, information, suggested Product name and other content of the relevant Submission and prototype as defined in clause 10.1;
“Royalties”: sums paid to Winners in relation to sales of the Winning Products as defined in clause 8.1;
“Submission”: in respect of a Product, means its submission to Polaroid Eyewear together with all drawings, illustrations, diagrams, information, suggested Product name and other content relating to the Product provided by the Entrant in accordance with these Terms in order that the Product might be considered for entry into the Contest;
“Submission Confirmation”: a communication (whether by email, letter or other means) from Polaroid Eyewear to an Entrant to confirm that their Submission has been received;
“Valid Entry”: a Submission which has been considered as fit for entry into the Contest by Polaroid Eyewear as a result of all the conditions of Clauses 3.3, 3.4 3.5, 4.1 and 4.2 being satisfied, as determined in Polaroid Eyewear’s sole discretion;
“Winner(s)”: the individual Entrant(s) who, in accordance with these Terms, have made a Submission which has been deemed a Winning Product; and
“Winning Product”: the particular Product which has been selected as winning the Contest in accordance with clause 5.
2.2 These Terms shall be interpreted in accordance with the following provisions:
2.2.1 headings are for convenience only and shall not affect interpretation;
2.2.2 references to “clauses“ are to clauses of these Terms;
2.2.3 any obligation on Entrants not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done by any party;
2.2.4 unless the context requires otherwise, the singular shall include the plural and vice versa; and
2.2.5 references to any statute or other regulation shall include any amendment, extension, consolidation, re-enactment or replacement of such statute or regulation and any subordinate legislation made under it.

3. VALID ENTRIES
3.1 All Submissions must be made online to Polaroid Eyewear in accordance with the provisions of Clause 4.2. Internet access is required for Submission of all entries. All Submissions must be made after 9 a.m. (UK time) July 1 2011 and on or before 11.59p.m. (UK time) September 30 2011 (the “Contest Period“).
3.2 Only Submissions which are Valid Entries shall be entered into the Contest and therefore are eligible for consideration under these Terms to be declared a Winning Product. All Submissions which are not Valid Entries shall be void, and shall be disregarded by Polaroid Eyewear when considering which Products to award Winning Product status to.
3.3 The Contest is only open to Entrants who are:
3.3.1 an individual person and who are not, for the avoidance of doubt, a company, organisation, partnership or other association, organisation or body (whether or not incorporated, and whether or not having separate legal personality);
3.3.2 aged eighteen (18) years or older on the date of the Submission;
3.3.3 not engaged as an employee of StyleMark AG or StyleMark Inc, or of an agency working on behalf of StyleMark AG or StyleMark Inc, and who are not professionally connected with the Contest;
3.3.4 not a family member of any person listed in clause 3.3.3;
3.3.5 the sole, legal and beneficial owner of all Intellectual Property Rights in the Product and the content of the Submission.
3.4 In order to constitute a Valid Entry, all Submissions made to the Contest must meet all of the following criteria:
3.4.1 it is submitted in accordance with the procedure in clause 4.2; and
3.4.2 the Product and Submission are the sole creations and original works of the Entrant alone, and were not created by the Entrant in the ordinary course of their employment; and
3.4.3 the Product and all documents, information and details provided as part of the Submission are not unlawful, illegal, threatening, offensive, libellous or defamatory.
3.5 No Submission will be considered a Valid Entry unless and until Polaroid Eyewear has issued a Submission Confirmation to the Entrant in respect of that particular Submission.
3.6 For the avoidance of doubt, Submissions shall be deemed to be Valid Entries on a Product by Product basis, and this process shall not be affected by the Entrant involved having made any other Submissions, or having any other Valid Entries.
3.7 In the event that a Submission is found not to be a Valid Entry for any reason after Polaroid Eyewear has issued a Submission Confirmation, Polaroid Eyewear may disregard that Submission without notice to the Entrant.

4. SUBMITTING AN ENTRY
4.1 The Contest will represent each of the ten (10) decades from 1930 to 2020 (“Category“ or “Categories“). All Submissions should constitute a Product which is inspired by, and which encapsulates, a particular Category. All Products must be all of the following:
4.1.1 capable of being manufactured, sold to and worn as sunglasses by adults;
4.1.2 non-electronic; and
4.1.3 no larger than width of 150mm, length of 160mm and height of 70mm in proportions
4.2 Entrants may submit up to ten (10) Submissions to the Contest with no more than one (1) Submission submitted in each Category (i.e. Entrants can make a maximum of one (1) Submission per Category). To enter simply click on the link www.polaroidsunglasses1937.com, provide the details requested, follow the instructions and upload your Submission. All Submissions must:
4.2.1 be made online via www.polaroidsunglasses1937.com;
4.2.2 for each submitted sunglass design, the participant will have to come up with 2 detailed technical drawings (created in .ai or .dwg), a front view and a side view. These files must be uploaded on the website in a PDF format.
4.2.3 come up with a perspective drawing of the sunglass design. The perspective drawings have to be uploaded as a jpeg, as a thumbnail and a normal size picture, and will be visible on the Best under the Sun webpage and facebook page for a public online vote.
4.2.4 come up with a short description of the idea/ story behind the product, a description of the materials and measurements used, as well as a recommendation for a matching product name
4.3 Entrants may choose to include three dimensional drawings of the Product in their Submission. 3D drawings are welcome but not mandatory. These 3D drawings must be created in .3ds and uploaded on the website in a PDF format.
4.4 Entrants may choose to submit a prototype to accompany a Submission. Prototypes are not essential to win but very welcome. If an Entrant chooses to submit a prototype, it must be sent to: Polaroid Eyewear, Design Contest, Herostrasse 7, 8048 Zürich, Switzerland. (Must arrive in Zürich latest by September 30, 2011).
4.5 Any prototypes sent to Polaroid Eyewear are sent entirely at the risk of the Entrant. Polaroid Eyewear accepts no responsibility for the transit, receipt or safekeeping of any prototype. Polaroid Eyewear shall not be obliged to return any prototype to any Entrant, and may at its sole option, retain or destroy any and all prototypes received in connection with the Contest without notice to the relevant Entrant.
4.6 Once Entrants have registered for the Contest at www.polaroidsunglasses1937.com, they may use the logos and trademarks made available once they have logged into their personal contest page at www.polaroidsunglasses1937.com for download and use on the Products and for use or feature on their Submission only. Entrants may only use the logos and trademarks for the purposes of the Contest and in their Submission and for no other purpose and in no other way.
4.7 Entrants may include a suggested name of the Product in their Submission, however it shall be at the sole discretion of Polaroid Eyewear whether to use such name.

5. SELECTING SHORTLIST AND WINNING PRODUCTS
5.1 Following the expiry of the Contest Period, Valid Entries will be assessed by a panel of judges selected by Polaroid Eyewear. The judges will consider whether the Valid Entries are (in their reasonable opinion) of an insufficient quality and standard, unlawful, tortuous, defamatory, libellous, obscene, abusive, sexually suggestive, hateful, racist, infringing, or otherwise objectionable or inappropriate. Such entries which are considered to be so by the judges, shall be excluded from the Contest. The Valid Entries which are not so excluded shall be posted online or otherwise made publically available on or before 1 October 2011 in order to allow members of the public to vote for the remaining Products. Polaroid Eyewear shall endeavour to post all Valid Entries online or otherwise make them publically available however such Valid Entries shall be posted online or otherwise made publically available at the sole discretion of Polaroid Eyewear and the judges.
5.2 The public shall be entitled to vote for two (2) months for their favourite Product on www.polaroidsunglasses1937.com. Polaroid Eyewear shall be entitled to use any part of the Submission when creating and posting the Valid Entries not excluded under clause 5.1 online for the public vote.
5.3 The judges shall then consider the Valid Entries not excluded under clause 5.1 against the criteria set out in clause 4.1 and 4.2 together with the outcome of the vote detailed in clause 5.2 to select up to ten (10) Winning Products on or before 30 April 2012. There may be more than one (1) Winning Product per Category which shall be determined in the sole discretion of the judges. The public vote shall be a factor in determining the Winning Products but shall not be binding on the judges. The decision of the judges is final. A Winner may have more than one Winning Product. Whilst it is the intention that ten (10) Winning Products are selected, the exact number of Winning Products will be at the judges’ sole discretion depending on the quality of Valid Entries received and the number of Valid Entries which meet the criteria set out at clause 4.1 and 4.2. The maximum number of Winning Products and Prizes that shall be awarded is ten (10).
5.4 Winners shall be notified of the judges’ decision on or before 30 April 2012 by email, telephone or post as determined by Polaroid Eyewear. Winners and the Winning Products will be announced on www.polaroidsungalsses1973.com on or before 30 April 2012.
5.5 Polaroid Eyewear shall not be obliged to enter into correspondence with Entrants regarding the Valid Entries and/or Winning Products. Polaroid Eyewear will not enter into correspondence with Entrants who are not Winners.

6. PRIZES
6.1 There shall be up to ten (10) Winning Products and up to ten (10) Prizes allocated in total. Nothing in these Terms shall preclude an Entrant from winning more than one Prize. Nothing in these Terms shall prevent the judges from selecting less than ten (10) Winning Products and awarding less than ten (10) Prizes.
6.2 Each and every Prize shall be conditional upon its Winner signing and returning to Polaroid Eyewear a paper copy of these Terms within a reasonable period of time and in no event later than twenty eight (28) days after the date on which they are notified as being a Winner, and having complied with these Terms on or before .
6.3 Each “Prize” shall constitute:
6.3.1 the Winner’s Product being designated as a Winning Product;
6.3.2 a certificate confirming that the Winner’s Product was a Winning Product;
6.3.3 that Winning Product being marketed by Polaroid Eyewear as one of the Polaroid “Best Under the Sun Design Collection 2013” as set out in more detail in clause 6.4 together with a payment of such Royalties as may be due to the Winner, in relation to sales of the Winning Product as set out in more detail in clause 8 ; and
6.3.4 attendance at the , scheduled to be held in Milan in March 2013, subject always to the terms of Clauses 6.5, 6.6 and 6.7.
Where a Winner has more than one Winning Product and therefore wins more than one Prize, it shall only be entitled to attend the MIDO Eyewear Exhibition once and shall not be entitled to transfer its right to attend the MIDO Eyewear Exhibition to any third party.
6.4 In relation to each Winning Product:
6.4.1 Polaroid Eyewear shall market the Winning Products as one of the Polaroid“Best Under the Sun Design Collection 2013“, and shall, supply where requested as part of that collection in retail outlets, as more particularly detailed in clause 7;
6.4.2 the description of the Winning Product used in promotional and marketing materials from time to time shall reference the name of the Winner (whether in plain form or in some amended or abbreviated form) ; and
6.4.3 the Winner shall be entitled to the Royalties, as more particularly detailed in clause 8.
6.5 Attendance at the MIDO Eyewear Exhibition 2013 shall only be available on dates selected by Polaroid Eyewear at its sole discretion. Polaroid Eyewear shall use reasonable endeavours to ensure that if a Winning Product is in production at the time of the exhibition, that Winner shall be given opportunity to present their Winning Product at the MIDO Eyewear Exhibition 2013. In addition to this, the Prize of attendance at the MIDO Eyewear Exhibition shall constitute:
6.5.1 one night’s accomodation in Milan;
6.5.2 where a Winner lives outwith Italy, return flights to Milan for the Winner, from an international airport within reasonable proximity of the home of that Winner;
6.5.3 where a Winner lives within Italy, return transport to Milan for that Winner; and
6.5.4 entry to the MIDO Eyewear Exhibition 2013 for at least one day.
6.6 Attendance at the MIDO Eyewear Exhibition 2013 shall be at the discretion of, and subject to the terms and conditions of the operators of the exhibition as are in force from time to time, and as such Polaroid Eyewear cannot guarantee a Winner’s entry to the exhibition. For the avoidance of doubt, the Prize of attendance at the exhibition shall not include, without limitation:
6.6.1 flights or any other form of transport, to or within Milan other than as set out in clause 6.5.2 and 6.5.3;
6.6.2 any meals or other sustenance;
6.6.3 travel insurance;
6.6.4 any guaranteed preferential treatment, display or showing at the exhibition for the Winner, or their Winning Product; or
6.6.5 any of the benefits listed in clause 6.5 for any party other than the Winner alone.
6.7 In the event that a Winner is unable to travel or attend the MIDO Eyewear Exhibition 2013 on the dates notified to them by Polaroid Eyewear, the Winner shall lose the right to attend, and shall have no recourse against Polaroid Eyewear.
6.8 The Prize is not transferable in the whole or part for any cash alternative. No alternative prize other than the Prize is available in whole or in part.

7. PRODUCTION OF PRODUCTS
7.1 Winners hereby acknowledge that their only input in relation to a Winning Product is in the design work carried out prior to and contained in their Submission. Winners further acknowledge that Polaroid Eyewear shall in respect of a Winning Product have sole discretion in:
7.1.1 deciding whether to produce, manufacture, promote, distribute and/or sell each Winning Product;
7.1.2 selecting the volumes of production (if any);
7.1.3 notwithstanding clause 4.7, selecting the name of each Winning Product, and also the range of Polaroid Eyewear products in which it features;
7.1.4 making adaptations and alterations to each Winning Product, including its shape, design and proportions in relation to the details contained in the relevant Submission in order to allow or facilitate its production, manufacture, promotion, distribution and/or sale on a commercial scale or marketability; and
7.1.5 devising and implementing any production, pricing, business, marketing, distribution and/or sales strategy.
7.2 You acknowledge and agree that the Winning Product shall be manufactured using polarized lenses and may also feature any trade mark, logo or brand (whether or not registered) of Polaroid Eyewear
7.3 In the event that Polaroid Eyewear elects to produce a Winning Product, Polaroid Eyewear makes no representation, warranty or guarantee to Winners in relation to: (i) the extent of the efforts that Polaroid Eyewear will make in commercialising each Winning Product; (ii) notwithstanding clause 6.4.1, the date by which each Winning Product will reach the market; (iii) the volumes of Winning Product sales (if any); (iv) the income generated from each Winning Product (if any); nor (v) the level of Royalties to be received by the Winner (if any).
7.4 You acknowledge and agree that Polaroid Eyewear may have independently developed or may independently develop a product which is similar or identical to your Product.

8. ROYALTIES
8.1 From the date on which each relevant Winning Product is first made available to consumers in retail outlets, and for a period of two (2) years thereafter (or shorter period as reasonably determined by Polaroid Eyewear where it is not considered commercially reasonable to market the Winning Product for two (2) years), Polaroid Eyewear shall pay to the Winner a royalty of one United States Dollar ($1) in respect of each Winning Product sold on an arm’s length basis anywhere in the world, if any (“Royalties“). For the avoidance of doubt, Royalties shall only be payable in respect of sales of Winning Products where Polaroid Eyewear has actually received the full income due to it in respect of that sale of the Winning Product.
8.2 Royalties shall be payable to a Winner, unless otherwise agreed between Polaroid Eyewear and the Winner:
8.2.1 within ninety (90) days of their becoming due, where they shall fall due on an annual basis, with the first payment due on the anniversary of the Winning Product first being made available for sale to consumers;
8.2.2 exclusive of VAT and any similar tax or charge;
8.2.3 net of any deductions or withholdings that are required to be made; and
8.2.4 unless Polaroid Eyewear elects otherwise, in US Dollars to the credit of a bank account to be designated in writing by the Winner.
8.3 All Entrants hereby acknowledge that:
8.3.1 time for payment is not of the essence of this contract;
8.3.2 no Royalties or other sums shall be payable in connection with the Contest to any party other than a Winner;
8.3.3 no Royalties or other sums shall be payable to the Winner after the conclusion of the two (2) year period referred to in clause 8.1; and
8.3.4 Royalties shall only be payable in respect of the initial and specific Winning Product (which may be altered by Polaroid Eyewear in accordance with clause 7.1.4), and shall not be payable in relation to any other similar or derivative products or product ranges which Polaroid Eyewear may choose to commercialise simultaneoulsy or thereafter.

9. PUBLICITY
9.1 Winners and other Entrants may be required by Polaroid Eyewear to participate from time to time in publicity and promotional activity arising from the Contest or in relation to future contests that may result in photographs being taken, their name provided to the press and media and their Submissions being used for such publicity and promotional activity. Polaroid Eyewear reserves the right to provide the press and media with details of the Contest and the results including, but not limited to, the Winner’s name and story, project details, images, footage and all or any part of their Submission.
9.2 Publicity as described in clause 9.1 above includes, without limitation:
9.2.1 radio broadcasts, newspapers and other publications, in television or film releases, slides, videotape and picture data storage, whether or not over the internet; and
9.2.2 any publicity associated with future Contests run by Polaroid Eyewear including but not limited to attendance at a repeat of the Contest the following year to present awards;
in both cases, which Polaroid Eyewear in its sole discretion may deem appropriate.
9.3 Entrants undertake not to disclose any confidential information of Polaroid Eyewear which they become aware of as a result of entering and/or winning the Contest. Winners undertake not to make or give any statement or press release in connection with or regarding the Contest, Polaroid Eyewear or the Prize (or any part of the Prize) at any time without the prior written approval of Polaroid Eyewear, such approval not to be unreasonably withheld or delayed.

10. INTELLECTUAL PROPERTY
10.1 In consideration for the opportunity to enter the Contest, and where appropriate also the Royalties, all Winners hereby Polaroid Eyewear a worldwide, exclusive, irrevocable, perpetual licence to use all Intellectual Property Rights in their Winning Product(s) and the content of their Submission (including, without limitation, in any propotype submitted or any Product name suggested in connection with a Submission) (“Product IP“) as follows:
10.1.1 to make, have made, market, use, sell, commercialise, advertise, publicise, exploit or otherwise dispose of the Product in any field of application as determined by Polaroid Eyewear in its sole discretion;
10.1.2 to alter, amend and re-design the Product and/or suggested Product name in order to allow or facilitate Polaroid Eyewear carrying out the activities in clause 7.1.4 and 10.1.1;
10.1.3 for Polaroid Eyewear’s commercial and/or non-commercial research and development purposes including, without limitation, in the development of new or improved products or product ranges;
10.1.4 to appoint sub-contractors and/or agents to facilitate or carry out any of the activities which Polaroid Eyewear is permitted to carry out under these Terms including, without limitation, to manufacture, promote, distribute, sell or resell the Products; and
10.1.5 to grant sub-licences of the rights granted to Polaroid Eyewear under these Terms.
10.2 For the avoidance of doubt, the licence granted to Polaroid Eyewear in clause 10.1 shall:
10.2.1 not be conditional on payment of the Royalties or any other sums;
10.2.2 not lapse on the expiry of the two (2) year Royalty period referred to in clause 8.1; and
10.2.3 not prevent Entrants from utilising their Product and the contents of their Submissions for their own private, non-commercial puposes, including, without limitation in their portfolio of artistic works.
10.3 Winners agree that they unconditionally and irrevocably waive all moral rights in relation to their Winning Product(s) and the content of their Submission upon their Submission being deemed a Winning Product.
10.4 Entrants shall have no right to use, nor shall obtain, any rights to any Intellectual Property Rights of Polaroid Eyewear in connection with the Contest.
10.5 Polaroid Eyewear is not responsible for obtaining or verifying any Intellectual Property Rights of Entrants subsisting in any Products or contents of the Submissions. It is the responsibility of Entrants to secure protection for a Product which is being entered before Submission. Proof of any Intellectual Property Rights should be referred to in the Submission.

11. WARRANTIES
11.1 Each Entrant hereby represents, warrants and undertakes in respect of each and every Product it submits to the Contest that:
11.1.1 the Product and contents of their Submissions is their own original work, and has not been copied in whole or in part from any source;
11.1.2 that they are the sole legal and beneficial owner of all Product IP, free of all liens, securities, charges, encumbrances and other rights of or obligations owing to any third party and that they have the right submit the Product and Submission to the Contest and (where they are deemed to be a Winner) to grant the licence set out in clause 10.1; and
11.1.3 so far as they are aware, the Product does not, and (where they are deemed to be a Winner) exploitation of the Product and contents of their Submissions by Polaroid Eyewear and its sub-licensees will not infringe the Intellectual Property Rights of any third party.
11.2 In the event that any Entrant is found to be in breach of any of the warranties set out in clause 11.1 or any other of these Terms, Polaroid Eyewear reserves the option to disqualify that Entrant from the Contest and their right to receive the Prizes.

12. LIABILITIES
12.1 Responsibility cannot be accepted by Polaroid Eyewear for those entries unsuccessfully submitted, lost, damaged or delayed. Polaroid Eyewear accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by Entrants as a result of entering the Contest or accepting the Prize.
12.2 Notwithstanding anything else in these Terms, and to the fullest extent permitted by law, Polaroid Eyewear shall not be liable to any Entrant or any other party for any legal costs, professional costs, loss of profits, loss of business, loss of opportunity, loss or depletion of goodwill and any special, direct, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by any Entrant or any party as a result of any breach of any obligation contained in or implied by any of the provisions of these Terms (if any).
12.3 As a condition of entering the Contest, Entrants agree that any and all disputes, claims and causes of action arising out of or connected with the Contest, or any Prizes awarded, shall be resolved with each Entrant individually, without resort to any form of class action.
12.4 Nothing in these Terms shall have the effect of excluding or limiting any liability for death or personal injury caused by the negligence or fraud of Polaroid Eyewear or Entrants.

13. PERSONAL DATA
By entering the Contest, Entrants expressly consent to Polaroid Eyewear’s use of the Entrant’s personal data collected during the registration process for the purposes of administering the Contest. Entrants also consent to Polaroid Eyewear passing such personal data to local administrators who assist Polaroid Eyewear in administering the Contest and, amongst other things, for the purpose of informing Entrants of their progression throughout the Contest and/or publicity opportunities. Entrants also consent to Polaroid Eyewear using the Entrant’s personal data collected during the registration process for the purposes of informing them of details and sending them newsletters and other materials regarding the Contest.

14. FORCE MAJEURE
Polaroid Eyewear shall have no liability to Entrants under these terms and conditions if it is prevented from, or delayed in performing, its obligations under these Terms, or from carrying out the Contest by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Polaroid Eyewear or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

15. VARIATION
Polaroid Eyewear may, from time to time and without notice, change the Contest in order to comply with any applicable safety or statutory requirements. Where such changes materially affect the nature, scope of, or the charges for the Contest, Entrants shall be notified of the same via Polaroid Eyewear’s website.

16. WAIVER
16.1 A waiver of any right under these terms and conditions is only effective if it is in writing and signed by Polaroid Eyewear and applies only to the circumstances for which it is given.
16.2 No failure or delay by Polaroid Eyewear in exercising any right or remedy under these Terms or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise.
16.3 No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
16.4 Unless specifically provided otherwise, rights arising under these Terms are cumulative and do not exclude rights provided by law.

17. SEVERANCE
If a provision of these Terms (or part of any provision) is found illegal, invalid or unenforceable, the provision (or part provision) shall apply with the minimum modification necessary to make it legal, valid and enforceable or the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention. If a provision of these Terms (or part of any provision) is found illegal, invalid or unenforceable, the other provisions shall remain valid and enforceable.

18. ENTIRE AGREEMENT
These Terms constitute the entire agreement between all Entrants and Polaroid Eyewear and supersede any previous agreements relating to the Contest.

19. ASSIGNMENT
Entrants shall not, without the prior written consent of Polaroid Eyewear, assign its rights or obligations under these Terms. Entrants who have rights under these Terms are acting on their own behalf and not for the benefit of another person.

20. NO PARTNERSHIP OR AGENCY
Nothing in these terms and conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any Entrants and Polaroid Eyewear.

21. RIGHTS OF THIRD PARTIES
A person who is not a party to these terms and conditions shall not have any rights under or in connection with them.

22. GOVERNING LAW AND JURISDICTION
22.1 These terms and conditions, and any dispute or claim arising out of or in connection with them or its subject matter or formation, shall be governed by, and construed in accordance with, the laws of England and Wales.
22.2 Entrants irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Terms or their subject matter or formation.

Complete rules and application form may be downloaded from the web site:

http://www.polaroidsunglasses1937.com/

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