Rules and Conditions

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY MAY BE REQUIRED. To be considered eligible, all design submissions and competitors must adhere to the following rules and conditions.

MEMORIAL MISSION STATEMENT
The Memorial Mission Statement serves to guide the creation of the memorial as well as its evolution through the ages, ensuring that the memorial never diverges from its mission.

“The memorial will honor Nelson Mandela’s contributions to world peace, human rights, social justice and democracy by empowering individuals to take action to help change the world for the better, and in doing so, to build a global movement for good. Ultimately it will inspire people and communities everywhere to embrace the ethical framework of ‘service to one’s fellow human every day’ and promote dialogue and inclusiveness as a platform for social change.”

ELIGIBILITY
The Nelson Mandela Memorial Design Competition (“Competition”) is open to legal residents of the 50 United States and the District of Columbia, 18 years of age or older, who are located in the United States or the District of Columbia at the time of entry. Any individual between the age of 13 and 17 may have their entry submitted by their parent or legal guardian, who shall be deemed the official entrant for all purposes of the Competition and Competition rules. Employees, members, contractors, consultants, committee members, directors and officers of NorthStar Memorial Group LLC (“Sponsor”) and Memorial Design Competition, members of the Nelson Mandela Memorial Design Competition judging panel and the Nelson Mandela Foundation, and each of their parents, affiliates, subsidiaries, distributors, sales representatives, retailers, consultants, and advertising, promotion, fundraising, and judging agencies and all other service agencies involved with the Competition, and members of the immediate family (spouse, parent, child, sibling and their respective spouse) and household of each are not eligible to participate. Void outside the 50 United States/D.C. and where prohibited by law.

COMPETITION ENTRY PERIOD
The Competition begins on April 15, 2014 at 9:00:00 AM Pacific Time (“PT”) and ends on October 15, 2014 at 5:00:00 PM PT (the “Competition Period”). All Submissions (as defined below) must be received by 5:00:00 PM PT on October 15, 2014.

HOW TO ENTER
During the Competition Period, each entrant must register for the Competition by filling out and submitting the registration form (each a “Submission Form”) located at www.nelsonmandela-memorial.com (“the Website”) with the following information:

  • The entrant’s name, email address, phone number, and mailing address;
  • One (1) design of a permanent memorial monument honoring the legacy of Nelson Mandela;
  • One (1) written rationale and technical description of the design (up to 500 words) (collectively, the “Submission”). Submissions must adhere to the submission requirements herein.

DESIGN PRINCIPLES
To guide the creation of the memorial, entrants should respect the program elements and overarching goals. Creatively, designs should:

  • Embody the mission as stated above.
  • Reflect Nelson Mandela’s values of peace, human rights, social justice and democracy.
  • Express the significance and worldwide impact of Nelson Mandela’s life.
  • Make an original and powerful statement of enduring and universal value.
  • Inspire and engage people to learn more about Nelson Mandela’s contribution to humanity.
  • Encourage reflection and contemplation.
  • Respect and enhance the reverent and contemplative nature of the park.

Conceptual designs must be intended for permanent outdoor placement. All qualified designs must be suitable for manufacture in granite and/or bronze. Each Submission must include at least one (1), but no more than three (3) views of the entrant’s proposed design. All design’s must be capable of being constructed in bronze and/or granite (polished or unpolished granite), as determined by Sponsor in its sole discretion. Any design not capable of being constructed in bronze and/or granite (as determined by Sponsor) will be disqualified. Design should incorporate the “Design Principles” listed above and must comply with all submission requirements set forth herein. Acceptable file types include PDF, GIF, JPEG, PNG. There is a maximum size of five (5) megabytes for each attachment. Written rationale must be in English. Entrant/designer’s name and/or contact information must NOT be included in the written rationale or on the design images. No design may include a statue of Nelson Mandela. While this monument will not be a statue of Nelson Mandela, design submissions may include an expression of his likeness.

No submissions will be reviewed without a completed Submission Form. One (1) entry into the Contest per person/email address.

Should multiple users of the same e-mail account enter the Competition and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Entrants may not register with multiple email addresses nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to register/play multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s discretion.

Please see the privacy policy located at http://www.nelsonmandela-memorial.com/privacy-policy/ for details of Sponsor’s policy regarding the use of personal information collected in connection with this Competition. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.

Those who do not follow all of the instructions, provide the required information in their Submission or Submission Form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. Entries submitted without an illustration or written rationale will automatically be disqualified, with no exceptions. PowerPoint presentations, white papers, or other formats than specified above will not be accepted as suitable submissions and will be disqualified. All descriptive text should be entered in the text box space provided on the registration form. Text on illustrations should be limited to captions or call outs.

Disputes or questions of interpretation concerning the competition rules and requirements will be considered by the Competition Sponsor who will render a final determination in its sole discretion. All such determinations will be binding on all registrants and participants in the competition.

As used herein, “Content” refers to all content you submit in connection with your Submission (e.g., the design, the drawing and/or images of the design, content contained in the design, the written rationale, etc.).

By submitting a Submission and Content you warrant and represent that the Content: (a) is your original work; (b) has not been previously published; (c) has not won previous awards; (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) and that publication, construction, or any other use of the Content will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Released Parties (as defined herein) from any claims to the contrary. Any entrant whose Content includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such entry, in a form satisfactory to administrator, upon request, prior to award of prize and/or naming of entrant as a Finalist.

By submitting Content, you agree that your Content is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.

BY SUBMITTING A SUBMISSION AND CONTENT, ENTRANT ACKNOWLEDGES THAT HIS/HER SUBMISSION AND CONTENT MAY BE CONSTRUCTED AND DISPLAYED IN A PUBLIC PARK, IN SPONSOR’S DISCRETION. Submission of Content grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, edit, publically perform the Content in any way, in any and all media, without limitation, and without consideration to the entrant.

All Content submitted by you must conform to the additional submission requirements set forth herein:

  • Content must comply with the Official Rules any all terms set forth herein
  • Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
  • Content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
  • Content cannot be obscene or offensive, endorse any form of hate or hate group;
  • Content cannot defame, misrepresent or contain disparaging remarks about Sponsor, or any other people, products or companies;
  • Content cannot infringe on trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, or contain any personal identification other than entrants;
  • Content cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Competition. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties unless you have obtained all rights necessary to permit you to use same in connection with your Submission and grant the rights herein granted to Sponsor;
  • Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
  • Content cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
  • Content cannot depict, and cannot itself, be in violation of any law.

Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Competition submission requirements set forth herein in its reasonable discretion.

By entering, you acknowledge that Sponsor has no obligation to use any Submission or Content you submit.

QUESTION PERIOD
All questions about the Competition process, guidelines, or other content contained in the Competition Website must be submitted no later than September 15, 2014 at 11:59 PM PT. Questions must be submitted via email to info@nelsonmandela-memorial.com or by filling out the form on the Competition Website.

No email responses will be sent.

All questions and answers will be posted publically on the Website no later than September 17, 2014 and will remain on the Website until the end of the Competition Entry Period.

The Competition Sponsor also reserves the right to edit and/or delete questions deemed objectionable or inappropriate. Sponsor will not respond to and/or answer any questions that were previously asked and answered on the Website.

LICENSE TO USE THE SUBMISSIONS
Submission of Content grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Content in any way, in any and all media, without limitation, and without consideration to the entrant. Submission of any Content further constitutes the entrant’s consent to irrevocably assign and transfer to the sponsor any all rights, title and interest in the Content, including, without limitation, all copyrights.

RETURN OF SUBMISSIONS
SUBMISSIONS WILL NOT BE RETURNED. Access to the submission will not be allowed at any time. Therefore, it is important that competitors photograph their submissions and/or retain at least a copy of the submission materials.

MONUMENT SPECIFICATIONS
A Nelson Mandela Memorial Monument will be constructed to a maximum height of 15’ and maximum perimeter of 20’ x 20’. Minimum dimensions are 15’ x 15’ x 15’.

The Nelson Mandela Memorial will be placed on a 30’ x 30’ site on one of the highest spots in Skylawn Memorial Park overlooking the Pacific Ocean and the Santa Cruz Mountain Range in San Mateo, California, USA.

This walkable site will be wheelchair accessible with easy access to an adjacent parking lot and road way parking.

WINNER SELECTION/JUDGING
At the conclusion of the Competition Period, the Sponsor will recruit a minimum of six (6) judges for the design selection process. Each valid Submission shall be judged by the judges on the following criteria:

  • Representative of the established Nelson Mandela Mission Statement and Design Principles as provided herein: 50%
  • Visual Appeal: 20%
  • Excellence in Design and Vision: 30%

The three (3) entrants whose entries receive the highest total score will advance to the “Final Round” (each a “Finalist”). In the event of a tied score for the three (3) Finalist spots, all tied entries will become Finalists.

The Finalists’ entries will be evaluated by the Nelson Mandela Foundation and the Foundation will judge all Finalists Submission in accordance with the above listed judging criteria. The Finalist Submission with the highest total score will be determined the winner, subject to verification. In the event of a tie, the tie-breaker will be based upon the highest score in the first judging criteria set forth above, continuing thereafter to each judging criteria in the order set forth above, as needed, to break the tie. In the event that a tie still remains, a new judge, selected by the Sponsor in its sole discretion, will judge the tied entries based on the judging criteria set forth above. The Rules and Conditions and all decisions of the judges, Sponsor, and Foundation in all matters relating to this Competition will be final and binding.

SELECTED DESIGN OWNERSHIP
By accepting a prize, the winner agrees that its Submission and Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Submission and Content. Sponsor reserves the right to alter, change or modify the winning Submission and Content, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Sponsor may use winning Submission to develop a monument/statue, in its sole discretion. In the event Sponsor develops a monument/statue, winner agrees and acknowledges that he/she will have no right to oversee, edit, or otherwise influence or input on the monument or its design, creation, construction, or display.

WINNER NOTIFICATION AND VERIFICATION
Potential winner will be notified by email, phone, and/or express mail on or about December 15, 2014. Potential winner is subject to verification, including verification of age. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if prize notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, the winner will be disqualified and the prize may be forfeited. In the event that a winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant in a manner deemed fair and equitable by the Sponsor, even if the disqualified winner’s name may have been publicly announced. Winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within 14 days of attempted notification or prize may be forfeited. Prize won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.

PRIZE (1)
One (1) winner will receive one (1) $1,000 USD check made payable to the winner, provided by Sponsor. Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether it, in whole or in part, are used.

The value of any prize awarded to a winner may be reported for tax purposes where required by law. The winner will be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. The winner will be issued an IRS 1099 form.

GENERAL CONTEST RESTRICTIONS

  • Except where prohibited by law, the winner consents to the use of their name, photograph, voice, and/or likeness by the Sponsors and the Nelson Mandela Foundation for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without further compensation.
  • The Competition Sponsor assumes no responsibility for any error, problems, failures, delays, or technical malfunction of any telephone network or lines, computer systems, servers, hardware, software, program malfunctions, Internet service providers, or e-mail systems in computer transmissions or network connections that are human or technical in nature; failure of any Submission to be received on account of technical problems or incomplete, late, lost, damaged, illegible or misdirected electronic communications; or any combination thereof, including damage to entrants’ or anyone else’s computer equipment related to or resulting from participation or downloading of any materials in this Competition.
  • Sponsor is not responsible for incorrect or inaccurate Submission information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Competition or by any technical or human error which may occur in the processing of the Submission.
  • Participation in the Competition constitutes an agreement by each entrant to be bound by these Rules and Conditions. The Sponsor further reserves the right to disqualify any persons (and all of his or her Submissions) found tampering with or otherwise abusing any aspect of this Competition as solely determined by the Sponsor. In the event the Competition is compromised by non-authorized human intervention, tampering or other causes beyond the reasonable control of the Sponsor that corrupts or impairs the administration, security, fairness or proper operation of the Competition, the Sponsor reserves the right to suspend, modify or terminate the Competition. In the event of termination, prize will be awarded as deemed fair and equitable by the Sponsor. Caution: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of this Competition is a violation of criminal and civil laws, and should such an attempt be made, the Competition Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law.
  • By entering the Competition, each entrant (or their parent or legal guardian if an eligible minor) agrees (and agree to confirm in writing) to release Sponsor, its affiliates, subsidiaries, and the Memorial Design Competition, the Nelson Mandela Memorial Design Competition, and the Nelson Mandela Foundation, and each of their officers, directors, employees, members, chairs and agents (“Released Parties”), from any and all liability, loss or damage incurred with respect to his/her participation in the Competition, or the awarding, receipt, possession, acceptance and/or use or misuse of the prize.
  • Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542″) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
  • Any controversy or claim arising out of or relating to this Competition shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS COMPETITION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.BY PARTICIPATING IN THE COMPETITION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE COMPETITION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
  • Governing Law & Jurisdiction: The Competition’s Terms and Rules and the Competition are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Competition Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of San Mateo.
  • The Competition Sponsor is not responsible for any incorrect or inaccurate information associated with or utilized in the Competition.

COMPETITION SPONSOR
The Sponsor of the Nelson Mandela Memorial Design Competition is NorthStar Memorial Group, LLC, and its subsidiary, Skylawn Funeral Home & Memorial Park in San Mateo, California.

WINNERS LIST
For a winners list, mail a self-addressed, stamped envelope to: Nelson Mandela Memorial Design Competition, c/o Skylawn Funeral Home & Memorial Park, Hwy 92 at Skyline Blvd., San Mateo, California, 94402. Requests must be received by January 31, 2015.