Pantone

Pantone Color of the Year 2021 Fashion Design Contest
("Contest")



OFFICIAL RULES ("Official Rules")



NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST HAVE INTERNET ACCESS, AN ADOBE® ILLUSTRATOR® CC ACCOUNT*, A PANTONE CONNECT ACCOUNT AND A VALID E-MAIL ADDRESS TO PARTICIPATE.

Objective of Contest: Create an original fashion design capsule that embodies the idea of the stable-yet-uplifting spirit of the Pantone Color of the Year 2021, Ultimate Gray [PANTONE 17-5104] and Illuminating [PANTONE 13-0647] ("Design") using one of the five (5) Pantone Color of the Year 2021 official color palettes (each a "Palette," collectively "Palettes") from Pantone, available via Pantone Connect. There will be seven (7) winners in total: one (1) overall Grand Prize winner; five (5) Palette Winners; and one (1) Fan Vote winner.


*Used for identification purposes only. No endorsement or sponsorship is intended or implied by such use.


1

Sponsor: Pantone LLC, 590 Commerce Boulevard, Carlstadt, NJ 07072, USA ("Sponsor").

2

Administrator: CSM Sport and Entertainment, Inc., 440 Ninth Avenue, 17th Floor, New York, NY 10001, USA ("Administrator").

3

Eligibility: Contest is open only to legal residents of the 50 United States or the District of Columbia and Canada (excluding Quebec), who are at least eighteen (18) years of age (or age of majority in their jurisdiction of residence, whichever is older). Employees of Sponsor, Administrator, Adobe Inc., any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or for selecting the Color of the Year 2021 and/or their respective parent, subsidiary, affiliated and successor companies (collectively, the "Promotion Entities"), and immediate family and household members of such individuals, are not eligible to enter. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three (3) months a year, whether related or not. Void in Quebec and where prohibited or restricted by law.

By participating, each Entrant understands and agrees that, if selected as the potential overall Grand Prize Winner, he/she will be required to consent to a background check as part of the eligibility verification procedure; and, failure to sign such consents and authorizations and/or to furnish all required information will result in disqualification from the Contest. In addition, Grand Prize will be forfeited and the potential Grand Prize Winner disqualified if the results of such background check reveal that the potential Grand Prize Winner has been convicted of a felony or a crime of moral turpitude, as determined by Sponsor in its sole discretion.

4

Contest Schedule: The Contest Entry Period begins on or about 9:00 a.m. Eastern Time ("ET") on February 16, 2021 and ends at 11:59 p.m. ET on March 17, 2021 ("Contest Period"). Administrator's computer is the official clock for this Contest.

5

How to Enter (Three [3] Steps):

You may enter the Contest online, as set forth below:

Step 1 – Register with Pantone Connect: To participate and enter this Contest individuals will need a device (e.g., computer, mobile phone or tablet) that can access the Internet. First, you must register with Pantone Connect if you have not done so already. There are three (3) ways to register with Pantone Connect:

  1. Pantone Connect Mobile App (“App”): Download the free App on a compatible mobile device (Apple or Android platform); to use the App, you will first need to register and create an account. Registration is free and only required once. You will be asked to provide your e-mail address, and to select a password. You may also register by linking the App with your existing Apple, Facebook, or Google account. (You will be responsible for any Internet access charges and other fees when using your mobile device to participate in the Contest, including registration with Pantone Connect.)
  2. Online: Navigate the Internet to https://connect.pantone.com/ and create an account. Registration is free and only required once. You will be asked to provide your e-mail address, and to select a password. You may also register by using your existing Apple, Facebook, or Google account. (You will be responsible for any Internet access charges and other fees if you use your mobile device to participate in the Contest, including registration with Pantone Connect.)
  3. Pantone Connect Extension for Adobe® Creative Cloud®: Navigate the Internet to https://exchange.adobe.com/creativecloud.html and search for the “Pantone Connect” Extension (“Extension”). Download the free Extension; to use the Extension, you must have an Adobe® Illustrator CC account and you will need to register and create an account with Pantone Connect. Registration is free and only required once. You will be asked to provide your e-mail address, and to select a password. You may also register by using your existing Apple, Facebook, or Google account. (You will be responsible for any Internet access charges and other fees when using your mobile device to participate in the Contest, including registration with Pantone Connect.)

Navigate to the Color of the Year 2021 screen and save any of the following five (5) Pantone Color of the Year 2021 Palettes:

  • Aviary
  • Enlightenment
  • Intrigue
  • Orbital
  • Sun and Shadow

The colors in your selected palette can be added to your design file in Adobe® Illustrator® by selecting each color and picking the “Add to Swatches” option from the color’s list of options.

Step 2 – Create Your Design: Using your selected Palette, design a digital fashion story board that embodies the idea of the stable-yet-uplifting spirit of Ultimate Gray and Illuminating. Your digital storyboard must be designed in Adobe® Illustrator CC and you must use a minimum of three (3) colors from your selected Palette, including both Ultimate Gray and Illuminating.

If you do not have an account with Adobe® Illustrator CC, you may set up a free seven (7) day trial account at https://www.adobe.com/products/illustrator.html. The free trial will automatically convert to a paid subscription unless you affirmatively cancel at the end of the free trial period.

Step3 – Submission of Design – Navigate the Internet to www.pantone.com and click on the Pantone Color of the Year 2021 Fashion Design Contest image which will take you to the Contest home page ("Website"). On the Website, you must complete the entry form by providing: your full name, your city and state (or province, as applicable), your e-mail address, your selected Palette, the name of your design, a specified season, and statement about the design that explains how it fits the message of the Pantone Color of the Year 2021 (100 words or less). After you complete the form, attach a file with your Design†. File attachment must be in one of the following formats: .JPEG, .PNG, or .PDF. Your Design must be submitted as one (1) file. Total file size must be no larger than 50MB. Do not submit a file containing more than one (1) Design. Do not include audio or narration with your Design. File attachment may only include your Design itself. Inclusion of any other information/materials as part of Design may result in disqualification.

†As used herein and as the case warrants, “Design” includes both the design itself as well as the name of the design and the accompanying statement regarding the design.

Personal information and Design must all be completed in the same Internet session. Partial or piecemeal submissions will NOT be accepted.

CLICK THE CHECK BOX SIGNIFYING THAT YOU MEET THE ELIGIBILITY REQUIREMENTS AND HAVE READ AND AGREE TO THESE OFFICIAL RULES AND SPONSOR’S TERMS OF USE (AVAILABLE AT HTTPS://WWW.PANTONE.COM/TERMS-OF-USE). IF YOU DO NOT CHECK THE BOX INDICATING YOUR CONFIRMATION OF AND AGREEMENT TO THE ABOVE, YOU WILL NOT BE ENTERED IN THE CONTEST AND CANNOT WIN A PRIZE.

During the entry process, you may be asked to consent to receive promotional and reminder e-mails from Sponsor. Consenting to receive promotional and/or reminder e-mails is optional, does not have to be agreed to in order to be eligible to participate in the Contest and does not improve your chances of winning. In the event you do consent to receive these e-mails, the use of the e-mail address provided shall be subject to the Sponsor's Privacy Policy (available at https://www.pantone.com/privacy-policy), and you may opt out of receiving these e-mails at any time.

An “Entry” consists of your personal information as well as your Design.

Incomplete submissions will not be accepted. To submit your Entry, click the "Submit" button on the entry form. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such Entry. Thank You Page merely indicates that your Entry has been received but does not constitute any representation that such Entry is eligible for the Contest.

Once submitted, Designs cannot be modified by entrant. Without limiting Sponsor’s Terms of Use, by submitting a Design, entrant gives permission (and warrants and represents fee he/she has obtained all rights necessary to give such permission and grant the license herein described, including [as applicable] entrant and/or any individual depicted/referenced in the Design, as applicable) to Sponsor, and its designees. Entrant hereby grants Sponsor and its designees, a royalty-free, irrevocable, perpetual, worldwide, sub-licensable, exclusive license (“License”) to use entrant's Design, name, likeness and all other information about the entrant contained in the Design on any media and through any means now known or hereafter devised, including without limitation, the World Wide Web, and to otherwise use entrant's Design, name, likeness and all other information about entrant in the Entry, and make derivative works therefrom, without compensation in accordance with the requirements of this Contest and the advertising, promotion, and publicity of the Contest, Sponsor and its designee’s products and services, and otherwise, as stated in these Official Rules (as solely determined by Sponsor and its designees). Such License will be confirmed by potential winner upon Sponsor’s request and potential winner agrees to timely complete, sign and deliver any and all necessary documents, including without limitation, documents setting forth any licenses, releases and indemnities that Sponsor in its sole discretion may require, without condition or compensation of any kind. Sponsor’s failure to receive all documentation from all individuals within the prescribed timeframe, in each instance as required by Sponsor in its sole discretion, will result in the disqualification of the entry and the selection of another entry as a potential winner.

If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Contest. In such event, Sponsor reserves the right to conduct the Contest and award the Prizes described herein comprised of all eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor or otherwise award the Prizes in a manner which is fair, appropriate and consistent with these Official Rules, or to terminate the Contest and not award the Prizes, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Contest will be posted on the Website and Sponsor's social media channels. Without limitation of any other term here, Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, technical failures of any kind (including but not limited to electronic malfunction or damage of any network, hardware or software), any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, Entries (including Designs); or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s mobile device or computer related to or resulting from participation in this Contest.

Entrants further agree not to knowingly damage or cause interruption of the Contest and/or prevent others from participating in the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

6

Additional Entry Rules and Restrictions: Limit one (1) Entry (including only one [1] Design) per person/e-mail address, regardless of the number e-mail addresses/accounts, Pantone Connect, or Adobe® Illustrator® CC accounts a person may have. Multiple entries will result in the disqualification of all of your entries. Entry must be created entirely by a single individual. Joint or group entries or other collaborative efforts are prohibited. Sponsor will not be responsible for late, lost, incomplete, illegible, damaged, or garbled entries or for any defect in the Color of the Year Palettes or any other materials/resources provided to entrants to participate in the Contest. By entering this Contest, participants agree to these Official Rules and the decisions of judges (including Administrator) and Sponsor, which are binding and final in all matters relating to this Contest.

DESIGNS MUST BE SOLELY THE ORIGINAL WORK OF ENTRANT; DO NOT COPY SOMEONE ELSE’S WORK OR OTHERWISE BASE YOUR DESIGNS, IN WHOLE OR IN PART, ON SOMEONE ELSE’S WORK. With the exception of any Pantone IP, Designs must not violate the trademark, trade dress, copyright or any other rights of any third party. By submitting an Entry, you expressly represent and warrant that you own or control all rights in and to your Design and that submission of your Design or use of the rights you grant Sponsor will not infringe upon any third-party rights. In any event, if Sponsor, in its sole discretion, has reason to believe that an Entry contains any material that may infringe or violate the rights of a third party, Sponsor may disqualify such Entry without notification to Entrant and take all other measures as Sponsor deems necessary and appropriate. No part of an Entry can have been submitted to any other contest or competition or be previously published or otherwise publicly disseminated through any media channel. Each Entry may not contain, and Sponsor, in its sole discretion, may disqualify and/or remove any Entry that: (i) is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity; (ii) promotes alcohol, illegal drugs, tobacco, firearms/weapons; (iii) is obscene or offensive; (iv) endorses any form of hate or hate group; (v) defames, misrepresents or contains disparaging remarks about Sponsor or any other people or companies; (vi) contains any personal information (of entrant or a third person), such as personal names or e-mail addresses (on the Design itself); (vii) advertises or promotes a business, charity, political, religious or other cause; (viii) communicates messages or images inconsistent with Sponsor’s reputation, image and/or goodwill; or (ix) is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, as determined by Sponsor in its sole discretion. Entries not complying with these Official Rules in any respect may be disqualified in Sponsor’s sole discretion.

7

Rights: By submitting an Entry, and without limitation of any other rights granted, each entrant, grants permission to the Sponsor, and its designees, as well as its parent, subsidiaries, affiliates, licensees, sublicensees, successors, and assigns (collectively, the "Rights Holders"), to use the Entrant’s name, likeness, voice, Entry (whether or not Entrant is declared a Winner), prize information (if applicable) and/or biographical information for programming, publicity and promotional purposes without consideration, review or approval, to the fullest extent permitted by law. Each entrant agrees that Rights Holders may, without notice or consideration to entrant, sublicense or otherwise transfer any or all of the rights granted hereunder (including, without limitation and if applicable, the License) to any third party. Each entrant further understands and agrees that Sponsor has no obligation to exercise any of the rights granted by Entrant herein.

Each entrant waives any so-called “moral rights” in connection with Entry and shall not have any right of approval as to any rights exercised by the Rights Holders.

8

Judging/Winning: Judging will be conducted in two stages.

Stage 1 (Finalist Determination): All Eligible Entries received and recorded during the Promotion Period will be judged by a panel of judges from the Administrator ("Administrator Judges"), as well as posted at the Website for a public vote. For this first stage of judging, the Administrator Judges will review each of the Entries (i.e., each Design) and select up to twenty-five (25) Semi-Finalists (overall and per Palette). The scoring by the Administrator Judges will be based on criteria below, each judged on a scale of 1-10 (10 being the highest) as follows:

  1. Extent to which the Entrant’s Design effectively embodies the spirit of the Color of the Year 2021 (35%);
  2. Creativity and originality of Design (30%); and
  3. Suitability for promotional purposes (25%).

Eligible Entries will be posted at the Contest Website for public viewing and voting with 10% available based on Public Voting beginning 12:00 p.m. (noon) ET on March 8, 2021, or when the Entry is uploaded by Administrator to the Contest gallery following preliminary determination of eligibility, if applicable (whichever is first) and ending at 11:59 p.m. ET on March 24, 2021. For clarity, a Design will only be posted for purposes of public voting if it is preliminarily determined to be eligible for the Contest by Administrator, with any such determination not being in any way otherwise binding upon Sponsor or Administrator. Gallery posts will include Design name, entrant’s first name, last initial, city, state (or province as applicable) and Design description. Relative to such posting of his/her Design (if applicable), Entrant further acknowledges and agrees that (a) while Sponsor will seek to accurately present Designs on the Website, the designs as posted on the Website may differ from the Design as originally submitted by Entrant due to technological malfunction/error/defect/limitation/modifications and Sponsor (as well as Administrator) shall have no liability related thereto; and (b) Sponsor may post Designs in any order, format or pattern, at their sole discretion, which may be rotated one or more times during the voting period.

POSTED DESIGNS REPRESENT SOLELY THE OPINIONS OF ENTRANTS AND NOT THOSE OF SPONSOR OR ADMINISTRATOR, ALL OF WHICH DISCLAIM ANY AND ALL LIABILITY IN CONJUNCTION WITH POSTING OF DESIGNS INCLUDING BUT NOT LIMITED TO FILTERING, MONITORING OR REVIEWING THE DESIGNS PRIOR TO POSTING SAME. SPONSOR/ADMINISTRATOR WILL NOT MODIFY OR EDIT DESIGNS WHEN POSTING SAME IN CONJUNCTION WITH THE ADMINISTRATION OF THE CONTEST.

During the Voting Period, the Entries will be exhibited on the Contest Website. Individuals must first provide their email address to be eligible to vote for their favorite Entry. Limit of one (1) vote per person/account/email address, per Palette, per calendar day during the Voting Period. Multiple or mass votes in excess of the stated limitation will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion.

Any vote total posted along with a Design on the Contest Website is not binding upon Sponsor or Administrator in any respect and may be modified without notice or liability to corresponding Entrant of any kind.

When the total scores are tabulated by the Administrator Judges, the top twenty-five (25) Entries (overall and per Palette) will advance to the next phase of judging. Administrator Judges reserve the right to advance fewer than twenty-five (25) Semi-Finalists’ Entries to the next stage if, in their sole discretion, they do not receive a sufficient number of eligible Entries of sufficient quality. The up to top twenty-five (25) Semi-Finalists’ Entries will then be judged by another judging panel from Sponsor, who will select the Winners (other than the Fan Vote Winner) based on the judging criteria listed above (including the results of public voting). For the avoidance of doubt, the ranking of Semi-Finalists by the Administrator Judges will not be taken into account by the second judging panel from Sponsor (“Sponsor Judges”) in its evaluation of the approximately top twenty-five (25) Semi-Finalists’ Entries. The Entrant with the highest final score from the Sponsor Judges’ panel (regardless of Palette used in their Design) will be deemed the potential Grand Prize Winner; the Entrant with highest final score per Palette will be deemed the potential Palette Winner for that Palette (with [five] 5 Palette Winners in total; i.e., one [1] Palette Winner per Palette); and the one (1) entrant with the highest vote total (regardless of Palette used in their Design) will be deemed the Fan Vote Winner. In the event of a tie in either round of judging, the tie will be broken in favor of the Entrant with the higher/highest score in the “Extent to which the Entrant’s Design effectively embodies the spirit of the Color of the Year 2021”; such Entrant will be deemed a potential Winner. In the event of a tie in determining the Fan Vote Winner, the tie will be broken in favor of the Entrant with the higher/highest total score in Sponsor’s judging.

The first round of judging will be conducted by Administrator in New York State, USA; the second round of judging will be conducted by Sponsor in the State of New Jersey, USA.

For the avoidance of doubt, if an Entry is selected as one of the Semi-Finalists but NOT as a Winner, the Entrant will NOT receive any prize.

Entrants understand and agree that the results of the Judging are in all cases confidential and proprietary information of Sponsor and, as such, will not be disclosed.

All Judges’ decisions are final and binding in all matters relating to this Contest. Each entrant acknowledges that other entrants may have created ideas and concepts that may have familiarities or similarities to his/her Entry, and agrees that he/she will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities.

Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it by outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) an entrant’s Design and that Sponsor shall have no liability to entrant or any third party in conjunction therewith; and Sponsor does not have any duty of confidentiality or other fiduciary duty to entrant relative to the Entry/Design.

9

Winner Notification: Potential Winners will be notified by e-mail on/or about March 29, 2021. In order to remain eligible, potential Winners must sign and return within three (3) business days, an Affidavit of Eligibility, Release and Indemnification, a Publicity Release where allowed by law, a Grant of Rights and Release, a background check authorization form (only for potential Grand Prize Winner), a W-9 (or analogous tax form if potential Winner is a Canadian resident), as well as other documents that Sponsor may require (collectively "Contest Documents"). Each potential Winner agrees that an electronic copy of such documents shall have the same legal effect as the originals; but, winner must provide original documents to Sponsor and/or Administrator, if requested. If potential Winner does not reply to such notification and return the required documents within the applicable time period (as set forth above) and/or if the e-mail notification is returned as undeliverable after two (2) attempts, such entrant may be disqualified, and an alternate potential Winner selected as per Rule 8 above.

Each entrant waives any so-called “moral rights” in connection with Entry and shall not have any right of approval as to any rights exercised by the Rights Holders.

10

Prizes and Approximate Retail Value ("ARV"):

Grand Prize (One [1] Winner): Winner will receive the Pantone Fashion, Home + Interiors Cotton Swatch Library (complete collection of Fashion, Home + Interiors Colors on cotton in the largest removable swatch size; contains cotton swatches of all 2,625 Pantone Fashion, Home + Interiors colors). ARV: $8,400.00 US Dollars.

Palette Prize (Five [5] Winners; One [1] Winner per Palette): Each winner will receive the Pantone Fashion, Home + Interiors Cotton Chip Set (removable 1” x 1” Cotton Chips of all 2,625 Pantone Fashion, Home + Interiors colors). ARV: $2,595.00 US Dollars each.

Fan Vote Prize (One [1] Winner): Winner will receive the Pantone Fashion, Home + Interiors Cotton Passport (portable resource with all 2,625 Pantone Fashion, Home + Interiors colors). ARV: $685.00 US Dollars.

Limit one (1) prize per person. (For clarity, the Grand Prize Winner will NOT also win a Palette Prize.) Prizes will only be delivered to a street address in the fifty (50) United States, Washington, D.C. or Canada (excluding Quebec). No substitution, transfer or cash redemption of prizes except with Sponsor's permission. If for any reason prize becomes unavailable, Sponsor may award a substitute prize of equal or greater value. Taxes are the sole responsibility of winner, who will receive an IRS Form 1099 (or analogous tax form for Canadian winner) reflecting the actual final retail value of the prize. Canadian winner may also be subject to foreign withholding tax on value of prize. Sponsor makes no warranty, representation, or guarantee, express or implied, in fact or in law, relative to the use of prize, including, without limitation, its quality, merchantability or fitness for a particular purpose other than any express warranty provided by Sponsor on its products which is limited to its terms.

11

Release & Indemnity: By submitting an Entry, each agrees to release, discharge and hold harmless Sponsor, Administrator, persons involved in the creation, development, administration, of the Contest, and each of their respective parent, subsidiary and affiliated companies, licensees, advertising and promotional agencies and each of their respective past and present officers, directors, employees, shareholders, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, actions or liabilities of any kind arising from or relating to entry or participation in the Contest, Contest judging and rules interpretations (including disqualification determinations), the receipt, use or misuse of prize, the substitution of any prize, the use of any of the rights granted herein or in connection with the Contest, and any other claim, action or liability of any kind, including but not limited to claims for defamation, violation of right of publicity, misrepresentation, infringement of trademark, copyright, patent or other intellectual property rights, property damage, invasion of privacy, infliction of emotional distress, personal injury or death. By submitting an Entry, Entrant agrees to indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses and liabilities (including reasonable attorney’s fees) arising out of or relating to Entrant’s submission of an Entry; Entrant’s participation in the Contest; any statement, action or omission of Entrant during or in connection with the Contest; Entrant’s acceptance or use/misuse of prize; the exercise of any of the rights granted by Entrant (including, without limitation, the broadcast, manufacture, exploitation or other use of the Design and/or the materials derived from or based upon the Design, and any intellectual property or proprietary rights associated therewith); and/or Entrant’s breach of any of his/her representations and undertakings. Without limiting any of the foregoing, each Entrant further acknowledges and agrees that Sponsor has complete discretion as to the nature, style, appearance and/or quality of any designs or other materials based upon/derived from the Design and release all claims in connection therewith. All federal, state and local laws and regulations apply.

12

Disputes; Arbitration/Choice Of Law: Except where prohibited, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or the awarding of prizes/determination of prize winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of JAMS, then effective (notwithstanding the foregoing, entrant shall not be precluded from seeking relief in small claims court for disputes/claims within the scope of the jurisdiction of small claims court and any remedies available to entrant under applicable federal, state or local law remain available to entrant and are not waived pursuant to this section); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, indirect, 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 and any and all rights to injunctive relief. The arbitrator hearing such dispute/claim/cause of action shall be neutral and the entrant will have a reasonable opportunity to participate in the selection of the arbitrator. Such arbitration will take place at a location near the entrant’s residence and the entrant has the right to an in-person hearing in the arbitration proceeding, if desired. The arbitration will allow for the discovery and/or exchange of non-privileged information between entrant and Sponsor. Should an entrant initiate arbitration pursuant to this section, the entrant shall be responsible for JAMS’s fees to do so (approximately, $250), with all other costs of such arbitration being borne solely by Sponsor. If entrant is a California resident and Sponsor is the prevailing party in such arbitration, such entrant will not be responsible for Sponsor’s costs and fees in conjunction with the arbitration proceeding; BUT, IN ALL OTHER CASES, ENTRANT WILL BE RESPONSIBLE FOR SUCH COSTS/FEES IF REQUIRED BY THE ARBITRATOR’S RULING. For the avoidance of doubt, the requirement to arbitrate disputes pursuant to this section is reciprocal and binding both upon entrants and Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction and all proceedings shall take place in the City of New York, County of New York. 

13

Names of Prize Winners: For the names of the Winners (first name, last initial; city/state [or province, as applicable]), available after April 15, 2021, send an email to winnerslist@csm.com with “Pantone Color of the Year 2021 Fashion Design Contest Winners” in the subject line, for receipt no later than April 30, 2021 at 5:00 p.m. ET.

This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You understand that you are providing your information to Sponsor and not to Facebook or Instagram.