DESIGN WITHIN REACH

Design Within Reach 17th Annual Champagne Chair Contest (the “Contest”) Official Rules

PRIZES:
Four (4) winners will receive a DWR gift card (one [1] per winner). One (1) additional winner will receive a bottle of Pommery Champagne.

Most Original Prizes:
1st place: $1,000 DWR Gift Card
2nd place: $750 DWR Gift Card
3rd place: $500 DWR Gift Card

Best Likeness Prize:
Grand Prize: $1,000 DWR Gift Card

Pommery Prize:
One (1) Jeroboam (3L) of Pommery Brut Royal. Approximate retail value: $250 USD.

Total approximate retail value of all prizes: $3,500 USD

HOW TO ENTER: For the Most Original and Best Likeness prizes, use any or all of the materials (except glass) from no more than two (2) bottles of champagne, sparkling wine, or sparkling cider, any brand. To be added to eligibility for the Pommery Prize, use only materials from Pommery brand champagne bottles. Glue is the only permitted adhesive, and it must be used as an adhesive not as a building material that can be carved or shaped. You are not permitted to use any additional materials – including tape or paint.

Cork sheeting is not allowed. If you think the construction of your chair might be mistaken for cork sheeting, please take photos while making your chair. Finalists may be asked to provide proof of construction methods.

The chair must measure no more than 4" x 4" x 4".

Call for entries will begin on Sunday, November 1, 2020. Entries must be received before midnight ET on Tuesday, January 5, 2021. Only one (1) entry per person will be accepted.

Twenty (20) chairs will be selected as finalists: ten (10) each from the Most Original and Best Likeness categories. If your chair is one of these, you’ll be asked to send it to DWR. All submitted chairs will become the property of DWR.

Chairs using Champagne Pommery branded components will automatically be eligible for the Pommery Prize provided that entrants also follow @champagnepommery on Instagram.

Between November 1, 2020, and January 5, 2021, post photos of your finished chair on Instagram with the tags @designwithinreach and #dwrchampagnechair, or upload photos online at dwr.com/champagnechair.

TIMING: The Contest begins at 12:00:01 PM Eastern Time (ET) on November 1, 2020, and ends at 11:59:59 PM ET on January 5, 2021 (the “Contest Period”).

CHARITABLE DONATION: For each bona fide contest entry, Herman Miller Cares will donate $50 to Artist Relief, a charitable initiative working to provide financial help and other resources to artists during the Covid-19 pandemic.

ELIGIBILITY: The Contest is open only to legal residents of the 50 United States and the District of Columbia (excludes Guam, Puerto Rico and all other U.S. territories and possessions), who are 21 years of age or older at the time of Contest registration. Employees, officers, and directors of Design Within Reach, Inc. (the “Sponsor” or “DWR”) and Vranken-Pommery Monopole (“Pommery”) as well as each of their respective parent, affiliates, subsidiaries, vendors, consultants, contractors, and advertising, contest, fulfillment, and marketing agencies (all of such entities [including, but not limited to, the Sponsor] are collectively referred to herein as the “Contest Parties”), their immediate families (parent, child, sibling and spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Contest. By participating, you agree to these Official Rules and to the decisions of the Sponsor, which are final and binding in all respects. Void where prohibited by law, rule or regulation. All applicable federal, state and local laws and regulations apply.

MOST ORIGINAL AND BEST LIKENESS PRIZES: From all valid entries, the Juding Panel will select ten (10) Most Original finalists and ten (10) Best Likeness finalists (collectively, the “Finalists”). The “Judging Panel” will be comprised of DWR staff members, Pommery representatives, or design experts selected by DWR. The Finalists will need to submit their completed chairs to DWR in order to move onto the judging round (the “Judging Round”) where the winners will be selected by the Judging Panel who will judge all Finalists based on the judging criteria described below (the “Juding Criteria”). DWR will supply prepaid mailing labels for Finalists to submit their entries, but Finalists must provide their own packing materials. If a Finalist fails to submit an entry, the Judging Panel reserves the right to either (i) select another Finalist from among all valid Contest participants or (ii) proceed to the Judging Round with fewer than twenty (20) Finalists. From these Finalists, during the Juding Round, a Judging Panel will judge and choose the (i) First Place Prize winner, (ii) Second Place Prize winner, and (iii) Third Place Prize winner for Most Original as well as the (iv) Grand Prize winner for Best Likeness based on the Judging Criteria.

POMMERY PRIZE: In addition to the Most Original and Best Likeness prizes, the Judging Panel will select from all Finalists who validly met the Pommery prize requirements, one (1) winner to receive the Pommery prize based on the Judging Criteria below.

JUDGING CRITERIA: The Finalists and the winners will be selected by the Judging Panel based upon the following Judging Criteria:

Most Original Prizes: (i) overall style of the submission (50%); (ii) design aesthetics (25%); and (iii) ingenuity in presentation of the submission (25%).

Best Likeness Prize: (i) creativity as it relates to the submission (50%); and (ii) most exemplifying of the prize theme.

Pommery Prize: (i) originality as it relates to the submission (50%); and (ii) most exemplifying of the prize theme.

The Judging Panel will decide the winners at their sole discretion. THE DECISIONS OF THE JUDGING PANEL ARE FINAL AND BINDING AS TO ALL FINALISTS.

CHANCES OF WINNING: Chances of winning the prizes depend upon the number of valid entries received and upon which of the Finalists will best meet the Judging Criteria.

WINNER SELECTION; NOTIFICATION AND VERIFICATION: Selected finalists will be notified on or around January 11, 2021, by email or direct message (as applicable) that they have been selected to advance to the Judging Round. Finalists may be provided affidavits or releases and additional documentation required by Sponsor (“Release”). All Releases and other required documentation must be returned by a potential Finalist to advance to the Judging Round. No later than January 22, 2021, a potential Finalist must submit to Sponsor the original creation of the chair pictured in the Finalist’s photograph (and it will not be returned). Prepaid mailing labels will be provided by Sponsor; Sponsor assumes no responsibility for loss of or damage to the chair, in transit or otherwise. On or around February 4, 2021, the Judging Panel will have determined the First Place Prize winner, Second Place Prize winner, and Third Place Prize winner for Most Original, as well as Grand Prize winner for Best Likeness and Pommery Prize winner; published photographs of the winning submissions at www.dwr.com; and notified the winners using the contact information described above. Potential Finalists or winners who (a) fail to execute required documentation, (b) have their prize notification returned, (c) do not respond to Sponsor’s notification within five (5) calendar days of notification, or (d) are found to have violated the Official Rules or to otherwise have become ineligible will be disqualified, and, if applicable, will forfeit any prize and Sponsor may, in its sole discretion, select an alternative Finalist or Prize winner.

GENERAL PRIZE CONDITIONS: Prizes will only be awarded by Sponsor upon each potential winner’s verification of eligibility (if requested by Sponsor), and compliance with these Official Rules and final approval by Sponsor. No Prize substitution, cash equivalent of a Prize, transfer or assignment of a Prize is permitted, except by Sponsor which reserves the right to substitute a Prize with one of comparable or greater value, in its sole discretion. Prize is awarded “as is” with no warranty or guarantee, either express or implied. All Prize details are at Sponsor’s sole discretion. An unclaimed Prize will not be awarded. All federal, state, local, and other taxes on a Prize and any other costs and expenses associated with Prize acceptance and use not specified herein as being provided, are the sole responsibility of the winner. A 1099 tax form will be issued when required. Notwithstanding anything herein, a potential Prize winner may be required to complete and return a Release within five (5) calendar days of attempted delivery of same. Non-compliance within this time period or return of any Prize/Prize notification as undeliverable may result in disqualification. All federal, state, municipal, and local laws and regulations apply. By entering the Contest, each contestant is agreeing to allow their email to be used by Design Within Reach, Inc. Contestants who thereafter wish to unsubscribe must do so individually with Design Within Reach, Inc.

OWNERSHIP AND LICENSE GRANTED: If the entry for the contest (the “Content”) includes any creative material from the contestant including but not limited to, consumer created content, by entering the Content : (1) contestant agrees that disclosure is gratuitous, unsolicited and without restriction and will not place the Sponsor under any fiduciary or other obligation, that the Sponsor is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to contestant; (2) contestant acknowledges that, by acceptance of the Content, the Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by their employees, or obtained from sources other than contestant; (3) contestant is verifying that he or she is the owner and producer of the Content and that no third party ownership rights exist to any Content; and (4) contestant is hereby granting the Sponsor a perpetual, worldwide, non-exclusive, royalty-free, sub- licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such Content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose. BY SUBMITTING ANY CONTENT, CONTESTANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION. Content: (a) must comply with these Official Rules; (b) must be uploaded through the in format specified and must comply with the posting requirements set forth above and as posted on the Sponsor website; (c) 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; (d) cannot be obscene or offensive, endorse any form of hate or hate group; (e) cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (f) cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (g) 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 contestant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Contest; (h) no background artwork should appear in the photograph unless it is an original work of the contestant. Any artwork, murals, etc. that can be seen in the photograph must be created solely by the contestant, or contestant must be the sole owner of all copyright interest therein; (i) cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; (j) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and (k) cannot depict, and cannot itself, be in violation of any law. CONSUMER CREATED CONTENT POSTED TO THE WEBSITE ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL CONTESTANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to contestants. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any contestant resubmit his or her entry which fails to comply with the Contest entry requirements prior to any judging period. By accepting a Prize, each winner agrees that his or her 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 submission, 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 Content. Sponsor reserves the right to alter, change or modify the winning 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 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.

PUBLICITY RELEASE: Except where prohibited or restricted by law and notwithstanding the fact that the winner may be required to sign a separate Release, the winner’s acceptance of Prize constitutes the winner’s agreement and consent for Sponsor to use and/or publish the winner’s full name, city, and state of residence, Contest entry, and/or statements made by winner regarding the Contest or Sponsor, winner’s voice, photographs, and other likeness, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade, and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review or approval.

MISCELLANEOUS: Contestants who do not follow all of the instructions, provide the required information in their entry form or the like, or abide by these Official Rules or other instructions of Sponsor may be disqualified. All Contest entries become the property of Sponsor and will not be acknowledged or returned. Online entries will be considered to be entered by the authorized account holder of the email address or the social media account (as applicable) submitted at time of entry and he/she must comply with these Official Rules. The “authorized account holder” is defined as the natural person assigned an account by the organization responsible for assigning the applicable email account or approving the social media account used at the time of entry. The authorized account holder may be required to provide proof of identity. If a dispute cannot be resolved, the entry will be deemed ineligible. Any other attempted form of entry is prohibited; no automatic, programmed, robotic, or similar means of entry are permitted.

PRIVACY: Personal information collected by Sponsor will be used for administration of the Contest and awarding of a Prize and for potential research purposes. In addition, by entering, contestants and/or winner agree to Sponsor’s use of contestant’s/winner’s personal information as described in its Privacy Policy at dwr.com/privacy-notice. Please refer to Sponsor’s privacy policy for important information regarding the collection, use, and disclosure of personal information by Sponsor.

RELEASE: By participating in the Contest, contestants and the winners agree to release, discharge, and hold harmless the Contest Parties from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Contest or any portion thereof, or the acceptance, use/misuse, or possession of any Prize (or activity related thereto). As a condition of entering the Contest, contestants and the winners agree that (1) under no circumstances will contestant and/or the winners be permitted to obtain awards for, and contestant and/or the winners hereby waives all rights to claim punitive, incidental, consequential, or any other damages, and any claims, judgments, or awards shall be limited to actual out-of-pocket expenses; (2) all causes of action arising out of or connected with this Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (3) in no event will any contestant and/or winners be entitled to receive attorneys’ fees. BY ENTERING THE CONTEST, CONTESTANTS AND/OR WINNERS (AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS CONTEST PARTIES AND EACH OF THEIR RESPECTIVE PARENT, SUBSIDIARY, AND AFFILIATED ENTITIES AS WELL AS THE SUCCESSORS, ASSIGNS, AND LICENSEES OF EACH AND THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, AND REPRESENTATIVE OF EACH, FROM ANY AND ALL CLAIMS, EXPENSES, DAMAGES, (INCLUDING REASONABLE ATTORNEYS FEES), OR LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS (INCLUDING, BUT NOT LIMITED TO, DEATH), AND PROPERTY, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF PARTICIPATION IN THE CONTEST OR ANY PORTION THEREOF; A BREACH OR ALLEGATION WHICH IF TRUE WOULD CONSTITUTE A BREACH OF ANY OF CONTESTANT’S AND/OR THE WINNER’SREPRESENTATIONS, WARRANTIES, OR OBLIGATIONS HEREIN; OR THE ACCEPTANCE, USE/MISUSE OR POSSESSION OF PRIZE(S), OR ANY PRIZE-RELATED ACTIVITY. CONTESTANTS AND/OR THE WINNER WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

DISCLAIMER: Contest Parties are not responsible for printing or typographical errors in these Official Rules or in any Contest-related materials. Sponsor reserves the right, in its sole discretion, to disqualify any individual that tampers with the entry process. Sponsor also reserves the right to terminate, suspend, cancel, or modify the Contest and award the Prize for the Contest from among all eligible, non-suspect entries received (i) as of the date of termination or modification, as applicable, using the judging procedure outlined above and (ii) in a random drawing if for any reason this Contest is not capable of running as planned due to any reason, including infection by computer virus, bugs, tampering, fraud, unauthorized intervention, technical failures, or other causes that may corrupt or impair the integrity, fairness or proper play of the Contest. Contest Parties are not responsible or liable for any events which may cause errors and/or the Contest to be stopped, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, nor are they responsible for any problems or technical malfunction of any telephone, network or telephone lines, computer on-line systems, servers, or cable, satellite, or Internet Service Providers, computer equipment, mobile equipment, software, or any other failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to contestant’s or any other person’s computer or mobile device relating to or resulting from participation in this Contest or downloading any materials in this Contest. Contest Parties are not responsible for computer, mobile, mechanical, technical, electronic, network or other errors or problems, including any errors or problems that may occur in connection with the administration of the Contest, the processing of entries, or in any other Contest-related materials. The Contest Parties may stop you from participating in this Contest if you violate Official Rules or act, in Sponsor’s sole discretion: (a) in a manner Sponsor determines to be not fair; (b) with an intent to annoy, threaten or harass any other contestant, winner or the Sponsor; or (c) in any other disruptive manner. Should more prizes be awarded through a computer, hardware, or software malfunction, error or failure, or for any other reason, Sponsor reserves the right to award only the one prize stated in the Official Rules.

CAUTION: ANY ACT OR ATTEMPT BY A CONTESTANT AND/OR A WINNER TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, CONTEST PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.

CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of contestants or winner, shall be governed by, and construed in accordance with, the laws of the State of Connecticut, without giving effect to any choice of law or conflict of law rules or provisions, which might otherwise cause the application of the laws of any jurisdiction other than the State of Connecticut. Any action seeking legal or equitable relief arising out of or relating to the Contest or these Official Rules shall be brought only in the courts of the State of Connecticut. Contestants and/or winners hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.

WINNERS LIST: Contestants are responsible for complying with these Official Rules. To receive information regarding the winners, send a self-addressed stamped envelope to: Design Within Reach, Inc., 711 Canal Street, 3rd Floor, Stamford, CT 06902. Please reference the DWR Champagne Chair Contest with your request.

TRADEMARKS: Design Within Reach®, DWR® and other trademarks or logos used herein are the property of their respective trademark owners, including Pommery.

SPONSOR: Design Within Reach, Inc., 711 Canal Street, 3rd Floor, Stamford, CT 06902.

AFFILIATION: This Contest may be advertised on social media sites or other platforms, but you understand that you are providing your information to Sponsor, and this Contest is in no way sponsored, endorsed, or administered by, or associated with such social media sites or other platforms (e.g., Facebook, Twitter, Instagram, Snapchat, YouTube, Pinterest, TikTok, LinkedIn or Google).

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