Terms and Conditions

Design Submission Terms and Conditions

Last Modified: March 6th, 2018

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

Agreement to Terms: By selecting "I Agree" and in consideration of the evaluation of your submission to the MLV (Modular Logistics Vehicle): Refined Challenge (the “Contest”), including without limitation any designs, drawings, illustrations, techniques, processes, schematics and the like submitted therein (the "Design") by Local Motors, Inc., with its offices at 9185 S Farmer Ave #101, Tempe, AZ 85284, and or its subsidiaries and affiliates (collectively, "Local Motors”, or “we”, “us”, or “our”, as applicable) for possible use as a feature, function or component part of a vehicle, a scale model or toy, clothing, wall graphics, appliances, equipment, machines and other items and/or as copy on a Local Motors Platform or in promotional materials (the "Items") as described in more detail below, you agree to the Contest terms and conditions set forth herein (the "Design Submission Terms and Conditions"), and the decisions of Local Motors, which are final and binding, including but not limited to Local Motors’ determination of the winner, even if such decisions result in decisions of other persons very similar to your Design. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor’s computer shall be the official time-keeping device for the Contest.

To Enter: To enter the Contest, during the Contest Period, entrants must submit an entry on https://launchforth.io/launchforth/mlv-refined/ (the “Website”) during the Contest Period and submit the Design, along with all required entrant information, including entrant’s name, age, address, and phone number.  All Designs must conform to the Design Criteria as set forth below, or it may be disqualified and not considered for the Contest. The use of script, macro or any other device to automate or subvert the submission process is prohibited and all such submission will be void. In the event of a dispute as to the identity of an entrant based on the email address submitted at the time of submission, Design submission will be deemed from the person named on the applicable submission form (regardless of whether that is the name of the authorized account holder of the email address from which said submission form was submitted), provided such individual is eligible according to these Design Submission Terms and Conditions.

Design Criteria: For a Design to be eligible, it must satisfy the following requirements: be submitted in JPG or PNG file format and a PDF of the description and; not contain any identifiable names or markings of any third-party (such as logos or distinctive packaging); and not have previously won any award in a commercial contest prior to submission in this Contest or have been entered in any other commercial competition or contest where its entry would permit that contest or other entity any legal claim or rights to the Design. Entrants will not receive notification if their submitted Design is disqualified.  Any late, lost, misdirected, incorrect or incomplete entries will be disqualified and Local Motors (and its agents) will not be responsible for such entries. In addition, Local Motors reserves the right to decline to post the Design to the Platform, or select or disqualify a Design for consideration in the Contest, for any reason, in Local Motors’ sole discretion, including, but not limited to, poor design; indecent, illegal, tortious, defamatory, slanderous, libelous, or profane content incorporated into the Design; Design communicates messages or images inconsistent with the positive images and/or good will to which Local Motors wishes to associate; or violation of these Design Submission Terms and Conditions. Designs will not be returned to entrants. Entrants may submit more than one Design for consideration in this Contest. You understand that Local Motors receives numerous submissions, many of which are similar to one another (and may be similar to your Design). Local Motors does not wish to receive any Design that you wish to treat as confidential or proprietary, so please do not submit anything of that nature to Local Motors and expect that it will be held in confidence by us or anyone else to whom Local Motors is expressly permitted to disclose the Design under these Design Submission Terms and Conditions.

Eligibility: This Contest is open only to individuals who are the age of majority or older at the time of entry, excluding employees of Local Motors, its affiliates, and members of their immediate families (spouses, parents, children, and siblings and their respective spouses), and those living in the same household as each, who are. This Contest is void where prohibited or otherwise restricted by law, including but not limited to any jurisdictions with laws that would require any registration, disclosure, filing, trust account, or posting of a bond, or any other requirements, that are not satisfied by these Design Submission Terms and Conditions.

Participation is subject to all federal, state and local laws and regulations, including  International Trade in Arms Regulations (ITAR) and Export Administration Regulations (EAR). Void where prohibited or restricted by law. Multiple Entries are permitted. Each Entry will be reviewed independently. Multiple individuals may collaborate as a team to submit a single Entry, but a single individual must be designated as an official representative for each Entry. You are solely responsible for checking applicable laws and regulations in your jurisdiction before participating in the Competition to make sure that your participation is legal. You are responsible for abiding by your employer's policies regarding participation in the Competition.  Sponsor disclaim any and all liability or responsibility for disputes arising between you and your employer, partners or other persons or entities related to this Competition. You are solely responsible for all taxes and reporting related to any award that you may receive as part of the Competition. You may be subject to background screenings as needed to assure the Sponsors’ legal compliance.

You acknowledge and agree that all aspects and content of your Entry shall be treated as if made in the United States and United States laws relating to patents, inventions, assignments and compensation shall supersede the relevant laws of any country in which the Entry may have been conceived and/or made.

For Entrants living outside the United States, you specifically acknowledge that you accept the practices and policies outlined in these Official Rules and in the Privacy Policy for the Competition Website and consent to having your data transferred to and processed in the United States.

Entrant Representations, Warranties and Obligations: By submitting any Design, you represent and warrant that: (i) you are the sole owner of all rights to the Design, which was created without any suggestion or request from any third party, and any development, use, production, distribution or other exploitation thereof will not infringe, misappropriate or violate any intellectual property or other right of any person or entity; (ii) you are not, and will not be, violating your obligations or any rights of any third party by providing the Design or complying with your obligations hereunder; (iii) you have not previously licensed, sold, commercialized, transferred or assigned the Design to another person or entity; (iv) you have the full right to provide Local Motors with the assignments and rights provided for herein, and (v) if your Design is selected as a winning entry by Local Motors, you agree to executed such assignments and rights, including any Winner Agreements (as defined herein).

Design License Grants: By submitting the Design, you hereby do and shall grant Local Motors, and its affiliates and designees, a worldwide, non-exclusive, royalty-free, fully paid, perpetual (except as provided under “Restrictions on Use of Submitted Designs” below), sub-licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Design in connection with the Local Motors Platform(s), public viewing and voting for this Contest, and/or otherwise in connection with Local Motors' (and its successors and assigns) marketing activities, in any media formats and through any media channels (including, without limitation, third party websites). In addition, you hereby do and shall grant each user of the Local Motors Platform the rights you grant in the Terms of Use therein, including, without limitation, a license to access and vote on your Design through such Platform(s).

Restrictions on Use of Submitted Designs: In submitting your Design, you agree not to reproduce, adapt, display, or distribute, sell, or submit to others the Design for any commercial purpose, or enter the Design in another competition or contest for up to ninety (90) days after the end of the designated submission period (i.e., while the Design is being evaluated by Local Motors). Notwithstanding the foregoing and for the avoidance of doubt, especially if you are a student but also for any other designer, you always retain the right (including during such ninety (90) day period) to include details of the Design in your personal portfolio for purposes of securing employment. Once the ninety (90) days have passed, even if your Design has not been selected as the winner by Local Motors, Local Motors may still choose to continue to use your Design for marketing purposes (e.g., on its Platform or on television, or in email or printed media) pursuant to the license granted above; however, you are free to use the Design for any commercial or non-commercial purpose and to request that Local Motors stop using the Design by notifying Local Motors by email at design@local-motors.com. Following receipt of your notice, Local Motors will remove your Design from its Platform and all of its marketing materials in a reasonably timely manner; however, you acknowledge and agree that Local Motors is not obligated to remove Designs from, and retains a limited right to use the Designs in, its existing marketing materials, including without limitation where such removal would be impractical (such as in printed media that has already been distributed). In addition, if your Design is to be used elsewhere, you cannot use the Local Motors web community (created through, for example, Car Chat and blogs) (the "Community") to promote the Design or the person or entity using the Design. You further agree not to use the Community to promote the products and/or services of any person or entity that operates in competition, directly or indirectly, with Local Motors, as determined in Local Motors’ sole discretion. Local Motors reserves the right to choose your Design as the winner even after the ninety (90) day evaluation period has passed, on the condition that the Design has not yet been used for commercial purposes.

Winner Selection: There will be 1 potential winner in this Contest. Local Motors will pick in its sole discretion the top winning entry, including the overall winning Design, in its sole discretion based on the criteria set forth below. In selecting the winning entry, Local Motors will take into consideration ratings and comments provided by its Platform users in connection with the Designs. Local Motors Platform users may view, rate and provide comments on a Design for the period of time designated on the Contest web page following the submission and acceptance of a Design. Local Motors will also consider, among other things: (i) feasibility of the Design and/or whether it is build-able and (ii) marketability. Each winner must sign (and winning is contingent upon the winner signing) an Affidavit of Eligibility, assignment and other documentation relating to the Prize (as defined below) that will be sent via mail or email ("Winner Agreements"). The Winner Agreements must be returned to Local Motors within 48 hours in order for the winner to be officially recognized. If the winner is unable to accept the Prize, or if the winner does not return the signed Winner Agreements within 48 hours after Local Motors' mailing of the same, Local Motors may automatically disqualify the winner and may select another winner in accordance with this Section. Among other things, the winner must agree to grant Local Motors permission to use his/her name, photograph and likeness for advertising and promotion of this and similar promotions and/or the Local Motors' products or services without additional compensation, unless prohibited by law; and the winner must sign any applicable forms required by tax authorities. A Prize will only be awarded to a winner if he/she complies with all of these Design Submission Terms and Conditions and the terms and conditions of the Winner Agreements. Entrants may request a list of winners by mailing a request to Local Motors, Attn: Competition Administrator, 9185 S Farmer Ave #101, Tempe, AZ 85284.  Requests for list of winners must be received within six (6) months following the end of the Contest Period.

Selected Design: If your Design is selected as a winning entry by Local Motors (a "Selected Design") and in consideration for a Prize awarded to you by Local Motors pursuant to these Design Submission Terms and Conditions, you hereby assign and agree to assign to Local Motors all right, title, and interest (including any and all intellectual and industrial property rights of any sort throughout the world) in and to such Selected Design, and every part or piece thereof. You shall assist Local Motors, at Local Motors' expense, to further evidence, record, and perfect such assignments, and to perfect, obtain, maintain, enforce, and defend any rights assigned. You hereby irrevocably designate and appoint Local Motors as your agent and attorneys-in-fact to act for and in your behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by you. To the extent allowed by law, this Section and any license or grant to Local Motors hereunder includes all rights of paternity, integrity, disclosure, and withdrawal and any other rights that may be known as or referred to as moral rights, artist's rights, droit moral or the like. To the extent any of the foregoing is ineffective under applicable law, you hereby provide any and all ratification and consents necessary to accomplish the purposes of the foregoing to the extent possible, including without limitation the grant of any exclusive, perpetual, royalty-free, full-transferable licenses that give rights comparable to ownership by Local Motors. You will confirm any such ratification and consents from time to time as requested by Local Motors.

Local Motors may, but is not obligated to, use a Selected Design in any manner it chooses, including but not limited to, reproducing the Selected Design on select Items, selling Items bearing a Selected Design, changing or reworking Selected Designs by making color or size changes, making derivative works of the Selected Design, building or selling the selected design if it is a part of a vehicle or other system, building or selling a part or portion of the design as an accessory, incorporating all or part of the design within another design to be built or sold, building a scale model or toy based on or incorporating a Selected Design (or any revised version thereof), and using the Selected Design on a Local Motors Platform and/or on Items. For the sake of clarity, if your Design is selected as a winning entry, you may no longer use, or allow others to use, such Design in any capacity except for listing the Selected Design as your work and as a winning entry as part of your professional portfolio. In addition, if applicable, Local Motors may expect to, but is not obligated to, choose one of the Selected Designs as the basis for manufacturing an entire actual production vehicle, machine, equipment, appliance or other product; however, if it does choose one of the Selected Designs for that purpose, then Local Motors [will pay you the prize money indicated in the Contest design brief according to your placement in the Contest]. In that case, you also agree to make yourself available to Local Motors, upon reasonable request and at no additional charge, to answer questions about your Selected Design and to assist Local Motors, at its sole discretion, with the production process of the vehicle machine, equipment, appliance or other product.

Given that automotive, machine, equipment, appliance and other manufacturers for the past century have generally been the only practical entity to make use of an automotive, machine, equipment, appliance or other product design, a larger body of automotive, machine, equipment, appliance or other product design work and creation has grown naturally to become the purview of the automotive, machine, equipment, appliance or other product manufacturers and their in-house design staff. Local Motors is in the business of trying to democratize that design process and recognizes that this democratization will challenge the notion of where designers can find an outlet for their talents. Nonetheless, if you work (or have worked) for a company who might claim an interest in the Design, you promise to consult the company's legal counsel as to any restriction or ownership that company might have on your designs so that you might legally assign your Design to Local Motors as described above.

Prize: If your Design is selected as a winner of the Contest by Local Motors, you will receive a minimum cash or equivalent prize of ONE of the following eight awards:

Total Prizes Awarded: 8

First Place: $20,000 (Judge chosen)

Second Place: $10,000 (Judge chosen)

Third Place: $5,000 (Judge chosen)

5 Judge Favorites: $1,000 each

Additional cash prizes (including the awards referenced in the Contest design brief) and other prizes that are referenced on the Website may be awarded, depending on the type of competition and whether Local Motors decides to build an entire production vehicle based on your Design. You agree that such prizes awarded by Local Motors (the "Prize") are the only consideration due to you by Local Motors with respect to your assignment of the Selected Design to Local Motors as described herein. Local Motors reserves the right to change the payment terms at any time prior to the start of any Contest Period, by posting them on the Local Motors Platform prior to the start of the Contest Period, and changes will be effective upon posting of the new terms. The method of payment will be based on the terms in effect at the start of the Contest Period;

YOU ALONE WILL BE RESPONSIBLE FOR THE PAYMENT OF ANY AND ALL APPLICABLE FEDERAL, STATE, AND LOCAL TAXES THAT ARISE AS A RESULT OF RECEIVING THE PRIZE.

The Prize will be sent to the winner within ninety (90) days after Local Motors receives the Selected Design in a high-resolution format deemed suitable by Local Motors for usage, and all required Winner Agreements are executed and delivered to Local Motors. If the high-resolution format is not deemed suitable for use as determined by Local Motors, then Local Motors will notify you of the reason(s) for its determination by email and will make a good-faith effort to assist you in presenting a suitable high-resolution format. This format question is especially crucial in the type of competitions where the deliverable is expected to be in computer-aided design (CAD) format. Such deliverables will be expressly delineated in the Contest guidelines on the Website prior the start of the Contest Period. YOU AGREE NOT TO REQUEST ANY EXCHANGES OR SUBSTITUTIONS FOR YOUR PRIZE. YOU AGREE NOT TO TRANSFER OR ASSIGN YOUR PRIZE. YOU UNDERSTAND THAT COMPANY OFFERS THE PRIZE "AS IS" AND WITHOUT ANY WARRANTY OF ANY SORT, EXPRESS OR IMPLIED. Local Motors reserves the right to substitute any portion of a Prize with a prize of substantially equal value, as determined by Local Motors in its sole discretion. Unless otherwise specified, all currency referred to in this Design Submission Terms and Conditions are in $ USD.  No interest will be paid on any prize. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. All costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winner. Other restrictions may apply.

Release, Indemnification and Limitation of Liability: By participating in the Contest, entrants agree to release and hold harmless Local Motors, and its subsidiaries, affiliates, sales representatives, distributors, licensees, agents, advertising and Contest agencies, and all directors, officers and employees of any of the foregoing entities (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest, or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, misdirected, incorrect, garbled, or incompletely received entries; (e) errors in the administration of the Contest or the processing of entries; (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or acceptance, receipt, use, or misuse of any prize; or travel to any Contest-related events; and (g) any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery.  In the event that entrant breaches any of these Design Submission Terms and Conditions, Released Parties shall be entitled to and may seek indemnification from entrant for recovery of all legal fees, damages, costs, claims and other expenses that may be incurred by Released Parties as a result of the aforementioned breach. Entrant further agrees to release the Released Parties and their designees and assigns from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses and damages of any kind arising out of or in connection with the Contest or acceptance, possession, or use of any prize (including, without limitation, attorneys’ fees, claims, costs, personal injuries, losses and damages related to personal injuries, death, damage to or destruction or property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Sponsor is not responsible if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.

General Conditions: If any provision of these Design Submission Terms and Conditions are held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect and enforceable to the fullest extent permitted by applicable law. Local Motors reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the design contest or to be acting in violation of these Design Submission Terms and Conditions. If Local Motors determines, in its sole discretion, that the Contest is compromised by virus, bug, robot entries, or other corruption of the administration, security or proper operation of the contest, then, at its sole discretion, Local Motors can either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Design Submission Terms and Conditions, or (b) award the Prize from among the non-suspect, eligible entries received up to the time of the impairment. In the event of any non-compliance with any requirement stated herein, the winner's Prize may be forfeited and awarded to an alternate winner. Unless otherwise prohibited by law, as a condition to participating in the Contest or receiving any Prize awarded by this Contest, each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action, and will be determined by final and binding individual dispute resolution under the applicable arbitration rules of JAMS; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will entrant be entitled to received attorneys' fees or other legal costs; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Design Submission Terms and Conditions, or the rights and obligations of entrant and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Arizona or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Arizona.

These Design Submission Terms and Conditions (together with the Terms Of Use included on the Local Motors Platform and Winner Agreements) set forth the entire agreement, and supersede any and all prior agreements of the parties with respect to the subject matter hereof. No change, modification or waiver to these Design Submission Terms and Conditions will be effective unless in writing and signed by the party against which enforcement is sought.