Terms & Conditions of DesignWanted S.r.l. concerning the “ExpoWanted” design competition
General/Scope/Conclusion of Contract/Termination
- The following Terms & Conditions apply to all transactions and legal obligations DesignWanted Srl (the “Organiser”) and all entrants and participants (the “Participant”) in the ExpoWanted design competition. Terms or conditions that conflict with or deviate from these Terms & Conditions do not apply unless the Organiser has expressly agreed to them.
- With his or her online registration, the Participant declares to have met the conditions stipulated in Section 1.1 of the Conditions for Participation and Description of Services of ExpoWanted. In addition, the Participant declares being authorised to do international money transfers should he or she not be based in Italy.
- The mutual obligations of the parties are as set out in the separate Description of Services for the ExpoWanted competition as well as the corresponding price list
- The Organiser reserves the right to refuse the entry of certain products into the competition (in that case, any amounts already paid will be refunded). These include products that express contempt for human beings or animals or that constitute a violation of public decency.
- The contract is entered into with the Organiser as follows: by filling out and completing the online booking, the Participant has placed a binding order. The Organiser will then send a confirmation of the registration and order by email to the personal email address specified by the Participant in the booking.
Prices/Address Changes/Terms of Payment/Invoice Recipient
- The prices indicated on the price list are binding for the duration of the term. In the event of a tacit extension of a term, the prices that are on the price list at the beginning of that extension shall be the prices in effect from that time on our website.
- Invoices are issued by email to the email address indicated by the Participant in the registration.
- Any claims on the part of the Participant must be undisputed or legally established, and only then does she or he have the right to suspend performance of any or all of her or his contractual obligations.
- If the Participant indicates an invoice recipient other than him- or herself, he or she thereby warrants that this other invoice recipient has agreed to this and that this arrangement is unobjectionable for tax purposes and has been or will be openly declared to the tax authorities of both the participant and the alternative invoice recipient. Moreover, even when using a different billing address, the Participant remains the contractual partner of the Organiser and is there with the person who is ultimately legally responsible for paying any and all amounts. This means that the Organiser is entitled to settle an account with the Participant even if he or she specified a different invoice recipient.
Term and Termination
The products/exhibits shown must be picked up upon expiry of the exhibition period by the Participant. After the end of the exhibition period, the exhibit pieces are taken down and prepared for pick-up. The dates and details regarding the pick-up will be communicated to the Participant by the Organiser in good time.
- The Organiser shall be free to determine the nature of the presentation of the products/exhibits in the ExpoWanted stand, in Milan, on the online and offline communications related to the Contest, and at all other internal as well as external exhibitions and representations, at home and abroad. Regarding the presentation for the judging and in exhibitions domestically and abroad, the Organiser reserves the right to remove any displays provided by the Participant, to put these in storage or, as needed, to dispose of them.
- The Participant shall verify the presentation without delay after its initial public presentation and report any defects immediately. In the case of obvious defects, the obligation to report begins with the moment the presentation is made public and for latent defects with the moment of their discovery. Should the Participant fail to report the defect, the presentation shall be deemed to be free of defects and approved.
- The Organiser shall remedy any defects in the presentation in the ExpoWanted stand, on the online and offline communications related to the Contest to the extent possible.
- In the case of a publication error in the ExpoWanted communication material or in the case that the Participant wishes to make changes following the clearance phase, he or she shall have no right to demand an injunction or the issuance of an errata sheet; this is due among other reasons to the related costs of such an intervention
Property Rights/Infringements/Contract Penalty
- By registering for the competition, the Participant explicitly confirms that the entered product neither infringes any rights of third parties nor offends generally accepted standards of public decency.
- Upon registration as well as in the course of the competition, each Participant shall inform the Organiser in the case that a third party claims a right with regard to the to be registered or registered product, be that through an inquiry letter, warning letter, legal action or similar proceedings.
- In the case that such a claim by a third party (see Section 5.2) existed at the time of registration, the Organiser is not obliged to publish a distinction in the ExpoWanted exhibition and on the Contest’s online and offline communication, or to promote it until said claim has been settled in court. Similarly, the Participant is not authorised to promote or publish such an award until the final court settlement.
- For each case of a violation of Section 5.1, in particular the submission of plagiarised content, the Participant shall be obliged to pay the Organiser a penalty in the amount of 15,000.00 EUR plus Italian VAT, where applicable. This obligation does not apply if the Participant is not responsible for the violation. The right to claim for further damages (especially pursuant to the following subsection) is not affected by the enforcement and payment of this penalty.
- The Participant shall indemnify the Organiser against all claims from third parties arising due to alleged or actual infringements in connection with the registered product. Here, the Participant shall also cover the costs of the required legal defence of the Organiser, including all court and lawyer’s fees at the statutory rate. This obligation does not apply if the Participant is not responsible for the infringement in question. Moreover, in case of a claim by a third party, the Participant shall also be obliged to place at the Organiser’s disposal promptly, accurately and completely all information that is necessary for the verification of the claim asserted and for a corresponding legal defence.
- If a claim of a third party is made with regard to a product that has been registered and possibly awarded in the ExpoWanted Contest (judicially or extrajudicially), the Organiser will be entitled to set the Participant an adequate period within which the claim has to be clarified. During this period, the Organiser will be entitled to suspend or postpone the publication of the award in all media. If clarification is not provided upon expiry of the period, the Organiser will be entitled to permanently refuse publication. Then, however, the Organiser shall be obliged to reimburse the Participant the portion of the already paid participation fee that is allocable to the publication, minus the already provided service.
- The Participant grants the Organiser and, if applicable, any successors or assigns of individual or wholesale rights or interests (e.g., in the form of an asset deal), the non-exclusive yet transferrable right to use all copyrights and ancillary copyrights with regard to all submitted contributions (photos, texts, illustrations, etc.) free of charge, throughout the universe in perpetuity, in any and all media now known or hereafter devised, the Organiser not being obliged to specify the authors of the contributions by name. The right of use applies to all types of applications, not only in connection with the ExpoWanted Contest (which encompasses the publication in print form, on the Internet, on data storage media such as CDs and DVDs as well as in associated advertisements) but also in connection with further exhibition and book projects as well as for public relations purposes of the Organiser.
- At the request of the press or other comparable agencies or bodies, the Organiser will be entitled to pass on to them the contributions made available, for the purpose of reporting on the ExpoWanted Contest or the registered and possibly awarded product.
- Participants who do not want said image and text contributions to be released for publication or distribution to the press as defined in the preceding Section 5.8 shall inform the Organiser in writing – to be sent by email to [email protected] only. The effective date starting from which the Organiser shall respect such a request from a Participant is the date of receipt of the email at the Organiser’s press office.
- Should the Participant violate, through the registered object or the registration of the object, the rights of third parties, the Organiser shall be entitled to ban the Participant from participating in any ExpoWanted contest for life.
Transport/Storage/Transfer of Title
- The products/exhibits shall travel at the risk and cost of the Participant. Participants are therefore advised to take out a transport insurance for their products/exhibits.
- The submitted products will be prepared for pick-up after the end of the exhibition. The dates and details regarding the pick-up will be communicated to the Participant by the Organiser in good time. Products that have not been picked up within one (1) week after the allocated time frame for pick-up will be disposed of at the Participant’s expense.
- The products that have won a prize in the competition, and classified within the first 3 positions, shall be stored until the beginning of the winner exhibition, to be mounted after the competition by the Organiser in the ExpoWanted stand in Milan.
- The Organiser and its executive managers, representatives or agents are not liable for damages – irrespective of the legal grounds. This does not apply in the case of intent and gross negligence or injury of life, body or health or culpable violation of essential contractual obligations. In the event of a slightly negligent breach of contract, the liability of the Organiser and its executive management, representatives or agents shall be limited to typical and foreseeable damages.
- The Organiser will not assume custodial care of the submitted products – with the exception of the liability as per Section 7.1. For this reason, the Organiser recommends that the Participant conclude a transport and exhibition insurance to insure himself/herself against any possible damage, destruction or theft that might occur during transport, the judging procedure or the exhibition in the ExpoWanted stand in Milan or other internal or external exhibitions at home and abroad. The Organiser is not obliged to reuse the packaging in which the products were delivered. Products that are exhibited at the ExpoWanted stand are subject to the usual traces of use and wear that result from the visitors touching or using the products. Here as well the Organiser is not liable for damages.
- Any claims made against the Organiser must be made in writing. They will become time-barred within 12 months, calculated from the time of the termination of the exhibition or the date of the recovery request pursuant to Section 6.2. This does not apply in the event of gross negligence or wilful misconduct, injury to life, limb or health, or the acceptance of a warranty or the violation of essential contractual obligations. In those cases, the statutory warranty periods apply.
- The place of performance is Milan, Italy.
- The sole place of jurisdiction is Milan, Italy. However, the Organiser is also entitled to pursue claims against the Participant before the Participant’s place of general jurisdiction.
- The legal relationships between the Participant and the Organiser is governed exclusively by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods and the conflict of law rules of private international law, particularly the Rome I Regulation.
- Should any of the above provisions be ineffective in whole or in part, all other provisions shall remain in effect.
Conditions for Participation and Description of Services of the ExpoWanted Contest
ExpoWanted is a design competition that takes place in the following stages: admission (conditions for participation), judging, awards and exhibition.
Participants who receive an award are invited to deliver their product to Milan.
In the various stages of the competition, the services set out below are provided under the conditions described. Supplementary to this are the General Terms and Conditions of DesignWanted Srl (the “Organiser”) concerning the ExpoWanted design competition.
Conditions for Participation
- The competition is open to firms and independent designers and architects – but not consumers and artists – who may apply with finished products that are being manufactured in series (the “products”) or working prototypes. To be eligible for registration, admission is dependent on the products having been launched on the market no more than two years previously prior to the date of the product registration. The competition strictly prohibits any renderings (virtual representations or drawings). Only the actual products are judged. A Participant may register any number of products. A participation on the basis of concept notes and drafts is not possible. The result of the draw will be communicated to the applicants by email.
- The Participant is allowed to register his/her product multiple different products. However, every entry will be considered as a separate submission, meaning that it requires a separate registration and a separate, in other words, additional, product delivery. Furthermore, all conditions mentioned in the Terms & Conditions apply.
- Only registrations submitted on time and in due form will be admitted to the competition. Images, texts as well as posters submitted by the Participant will not be returned.
- A further condition for participation in the competition is that the entry fee is paid on time. The amount of the entry fee is specified in the price list in effect at the time of registration. The price list is available online and is to be consulted before concluding the registration. Additional charges may apply if any optional extra services were booked.
- Furthermore, the Participant commits himself/herself to provide a product description (in English) of at maximum 500 words for each registered product as well as printable illustration material (e.g., 300 dpi for DIN A4 format). Renderings are not permitted; only photographs of the original products.
- By participating in the ExpoWanted design competition, the Participant agrees to the inclusion of his or her competition result in the rankings created by the Organiser and to the publishing of these rankings. The Organiser is entitled to modify, at any time and at its discretion, the registration period for the registered awards, the classification of the categories and the calculation method. The registration period, categorisation and method of calculation will be published on the Internet by the Organiser together with the announcement of the rankings.
- The Organiser undertakes to submit all applications which comply with the conditions for participation as set out in Section 1 to the jury. In addition, the Organiser shall decide on the optimal form of product presentation for the judging.
- The jury, which is composed of independent experts selected by the Organiser, decides in camera on the conferment of a design award on the basis of the registration and the submitted products.
- Each Participant admitted to the competition shall be notified of the jury’s decision with regard to her or his entry. The jury is not obliged to justify its decisions.
The jury must be presented with the original product. Any exemptions from this rule must be negotiated with the Organiser on an individual basis.
Awards/Use of the Label/Contractual Penalty
- The award winner may not communicate his or her award to third parties until the Organiser has made a public announcement of the winners. The award winner will be specifically notified of that date by the Organiser. The publication of the result notification by the Participant is not permitted.
- With the award, the award winner acquires the right to communicate the ExpoWanted award. The participant or winner may only use the winner label provided by the Organiser.
- In any case of a premature disclosure of an award by the award winner to a third party, the Participant shall be obliged to pay a contractual penalty of the amount of 15,000.00 EUR plus Italian VAT, where applicable, to the Organiser. In case of continuous violation, each period of 14 days is considered as one single act of violation. In both cases, the obligation to pay the contractual penalty does not exist if the Participant cannot be made responsible for the violated use. The enforcement of the contractual penalty shall not affect the right to claim further damages by the Organiser. In this case, however, the amount of the contractual penalty will be deducted from any possible further damage claim.
- Upon the acquisition of the rights of use of the ExpoWanted winner label, it may only be used to promote the actual award-winning. It is understood that the winner is the original equipment manufacturer (OEM). The use of the Red Dot winner label by a domestic or foreign marketing, distribution or other kind of company that is not the OEM is allowed only after the Organiser has reassessed the case and specifically approved the use of the label for that purpose.
Legal Implications and Benefits of the Award
Upon conferment of a distinction from ExpoWanted design competition, a contract with the following contents comes into effect between the award winner and the Organiser:
I- Contractual partner
For all services concerning the exhibition and inclusion in ExpoWanted public relations activities, the contractual partner of the award winner is the Organiser.
II- Winner Package
- The Organiser will include all award winners and their award-winning products in its public relations activities and may announce and present them to the media (print, radio and television) either on its own accord or on demand, and by means of text/language or images. The award winners, on their part, will receive an individualised press release template to be used to announce their award in the competition. The Organiser moreover provides the award winner for the duration of the contract with the option of using the ExpoWanted winner label for his or her particular awarded product. The Winner Package comprises the worldwide use of the ExpoWanted winner label for the award-winning product in the following areas: Corporate design/company presentation (corporate website, image brochure, Internet signature, stationery and envelopes, press releases), advertising (consumer and trade ads, campaigns, newspaper ads, image ads), print (product brochures, product catalogues, flyers, manuals), event design (trade fair stands and presentations, exhibitions, showrooms, stores, corporate and consumer events, promotional events), TV, film & cinema (advertising spots, product films, image films), broadcasting.
- Regulations for the presentations: the presentations in the ExpoWanted communication material, on- and off-line, will undergo only one round of content approval through the award winner. The latter will be asked to check the content closely and approve it in writing. The award winner shall respond within two working days after receiving the first draft sent by the Organiser, approving the content or notifying the latter in writing of any changes to be made. If the Organiser does not receive any response from the award winner via the approval module within the specified period, the presentation will feature as presented to the award winner in this first draft. The data approved for are regarded as master data for the presentation in the ExpoWanted exhibition as well as for any further communication purposes. All texts, images, audio files and other information published in this context are subject to the copyright of the Organiser. A reproduction or rendition as a whole or in parts is not allowed without the written approval of the Organiser. The Participant is obliged to make the products and documents required for presentation available for the duration of the presentation. In the event that the documents necessary for publication are not received in time, the Organiser will be entitled to publish the material submitted for the use of the jury (images and text) without the express permission of the client. In the event that material is not available in the requisite form, quantity or quality, the Organiser reserves the right to, at the expense of the award winner, write a product description or take a photograph of the awarded product and to use these in the case of an award
- In addition, the Organiser reserves the right to desist from a presentation if the required materials are not available or not easily obtainable. Any costs incurred by such preparatory measures would then be payable, subsequent to an appropriate request, by the award winner to the Organiser.
- The Participant is obliged to pay a fee to the relevant contractual partner for the presentation or use of facilities concerned. The amount of such fees can be found in the price list that is valid at the time when the contract comes into effect, and which is available online.
- The mutual obligations with regard to the presentation in the ExpoWanted event and the other exhibition venues and communication channels, come into effect with the announcement of the 50 finalists. Winner products need only be published or presented online from this day on, not any earlier. The contractual relationship with regard to the presentation in the ExpoWanted stand in Milan, in April 9-14, 2019, on ExpoWanted and DesignWanted communication channels, is extended automatically by twelve months (“renewal year”) if it is not terminated by one party pursuant to the terms as per the following: the notice period is three months prior to the end of the initial term or the renewal year. The termination must be made in writing by the Participant via email.