Terms and Conditions | 100 Days of Active Resistance

OFFICIAL RULES OF INSTALLATION

1. DESCRIPTION OF THE INSTALLATION
Vivienne Westwood is an internationally renowned fashion company which continuously seeks to offer young artists the opportunity to express their talent. In this spirit, Vivienne Westwood wishes to invite creatives to manifest their artistic skills through the following online Installation.

Vivienne Westwood, in collaboration with Lee, has launched an Installation entitled 100 Days of Active Resistance (hereinafter the “Installation”).

2. SPONSOR

Vivienne Westwood Limited (Vivienne Westwood), a company organized and existing under the laws of England, with registered office at 9-15 Elcho Street, SW11 4AU London, England.

3. BINDING AGREEMENT

In order to participate in the Installation, the applicant (hereinafter “You”) must agree to these Official Rules (“Rules”). Therefore, please carefully read these Rules prior to submitting your entry in order to ensure you understand and agree the terms contained herein. You agree that submission of an Entry in the Installation constitutes agreement to these Rules. You may not submit an Entry to the Installation unless you agree to these Rules. These Rules form a binding legal agreement between You and Vivienne Westwood with respect to the Installation.
You acknowledge that no compensation or whatsoever reimbursement whatsoever is due by Vivienne Westwood to You for the participation to this Installation. You undertake that You are the legal owner of the Work and that your Entry does not infringe any third party rights.

4. INSTALLATION PERIOD

Submissions to the Installation are eligible from 8th September 2010. The Installation begins on 28th September 2010 and ends on 5th January 2011 (“Installation Period”). You are responsible for determining the corresponding time zone in your respective locations.

5. SUBMISSION REQUIREMENTS

You must submit your photograph (the “Work”) by uploading the file via the website. The Work submitted must have the following characteristics: submitted image must be minimum 640 x 480 pixels, must not exceed 6MB, image file must be .jpeg, .gif or .png only and images submitted must be available in print quality high resolution upon request. Should You experience any problems in uploading your Work, please email us at contact@ar100days.com.

The Installation is open exclusively to applicants aged 18 or over.

All Work and documents submitted by You will not be returned.

6. JUDGING

Each Entry will be judged by a panel of experts at its sole discretion. The decision of Vivienne Westwood in this matter is final and binding. The panel of experts will judge each entry according to the following factors: creativity, thoroughness, and quality of the Work.

Entries that are lewd, obscene, pornographic, defamatory or otherwise inappropriate to the
Installation will be disqualified at Vivienne Westwood’s sole discretion.

7. WARRANTY AND INDEMNITY

Participants warrant that their Work is original and that they are the sole and exclusive owner and rights holder of the submitted Work and that they have the right to submit the Work in the Installation and grant all required licenses.

Each participant agrees not to submit any Work that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations; or (2) otherwise violates the applicable laws.

To the maximum extent permitted by law, each Participant indemnifies and agrees to keep
indemnified Vivienne Westwood at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each participant agrees to defend, indemnify and hold harmless Vivienne Westwood, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material uploaded or otherwise provided by the participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the participant in connection with the Installation; (c) any non-compliance by the participant with these Official Rules; and (d) claims brought by persons or entities other than the parties to these Official Rules arising from or related to the participants involvement with the Installation.

For the duration of the Installation, you are permitted to use in full or in part the Work for collaborations with third parties, provided Vivienne Westwood is informed in writing at least two (2) weeks prior to the Work entering the public domain. Vivienne Westwood retains the right to veto any said third party collaboration(s) whether the collaboration(s) would damage the Installation. In the event that You are not selected to take part in the Installation, You agree to dispose of your Work only after the end of the Installation AND WITHOUT ANY REFERENCES TO THE VIVIENNE WESTWOOD PRODUCTS AND TRADEMARK

In the event that Your Work is included within the Installation, You warrant that, for the duration of the Installation: (a) You will assign to Vivienne Westwood the joint rights to the title and interest on the Work, at a worldwide level, for the entire duration of the Installation. Vivienne Westwood will then hold for whatsoever purposes, the rights for any uses either commercial or promotional, including the right of Vivienne Westwood to reproduce the Work at its sole discretion, in full or in part in any print and/or digital and/or multimedia materials and media, including Internet. Moreover, You acknowledge and agree that Vivienne Westwood will be entitled to edit and to adapt the Work at its sole discretion and to reproduce the same in its edited and/or adapted version in any print and digital material and on any media, including the internet, and for whatsoever purposes to the extent permitted by law. Vivienne Westwood shall be entitled to use stills of the Work for printed material, promotional enterprises, as well as for their reproduction on products. Upon expiry or termination of the Installation, Vivienne Westwood shall obtain the written approval from You prior to using the Works in any other context: (b) You will not be entitled to use in full or in part the Work for whatsoever purposes, nor to authorize or let any third party use the Work in full or in part for whatsoever purposes without the prior knowledge and approval from Vivienne Westwood Limited, save as provided for in these Rules.

The breach of the above undertakings and declarations will entitle Vivienne Westwood to recover all the possible damages suffered as a consequence of such breach.

8. PRIVACY

You agree that your personal data including, but not limited to, your name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Installation. This data may be transferred to affiliates of the Vivienne Westwood Group. Further, this data may also be used by Vivienne Westwood to verify a participant’s identity. Participants have the right to review, rectify or cancel any personal data held by Vivienne Westwood in connection with the Installation by writing to Vivienne Westwood at the email address listed above. All information provided will be maintained in accordance with Vivienne Westwood’s privacy policy, which participants should read and understand, and will be used solely for the purpose of administering the Installation.

9. ELIMINATION

Any false information provided within the Installation by any participant concerning name,
date of birth, address, city, country, post code and email address, ownership of right or non- compliance with these Official Rules or the like may result in the immediate elimination of the participant from the Installation. Vivienne Westwood further reserves the right to disqualify any Work that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party, otherwise does not comply with these Official Rules, or violates the applicable laws.

10. NOT AN OFFER OR CONTRACT OF EMPLOYMENT

Under no circumstances shall the submission of a Work or anything in these Official Rules be construed as an offer or contract of employment with Vivienne Westwood. You acknowledge that you have submitted your Work voluntarily. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Vivienne Westwood and that no such relationship is established by your submission of an Entry under these Rules.

11. APPLICABLE LAW

The terms and conditions herein shall be governed by and construed in accordance with the laws of England, and any action arising out or relating to these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of London, England.

12. INTERNET

Vivienne Westwood shall not be responsible for electronic transmission errors resultingin omission, interruption, deletion, defect, delay in operations or transmission. VivienneWestwood shall not be responsible for theft or destruction or unauthorized access to oralterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Vivienne Westwood shall not be responsible for inaccurate transmissions of or failure to receive entry information by Vivienne Westwood on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of Vivienne Westwood. If for any reason the Installation 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 the Installation, Vivienne Westwood reserves the right at its sole discretion to cancel, terminate, modify or suspend the Installation. Vivienne Westwood further reserves the right to disqualify any Participant who tampers with the submission process or any other part of the Installation. Any attempt by a Participant to deliberately damage any Web site or undermine the legitimate operation of the Installation is a violation of criminal and civil laws and should such an attempt be made, Vivienne Westwood reserves the right to seek damages from any such Participant to the fullest extent of the applicable law.