G E N E R AL COMPETI T I O N T E RM S

Transcription

1 G E N E R AL COMPETI T I O N T E RM S for the design competition "MY DESIGN ACCESSORIES" at mything.com and 1. SCOPE 1.1. mything GmbH FN s, Karmeliterplatz 4, 8010 Graz (hereinafter also referred to in short as "mything") operates a platform on its website to connect international designers of digital 2D and 3D designs, local manufacturers of 2D or 3D products and buyers of these products (the platform will also be referred to in short hereinafter as "mything.com") On May 18, 2018 mything is launching the design competition "MY DESIGN AC- CESSORIES" at mything.com and mything.com/mydesignaccessories These General Competition Terms ("GCT") constitute a binding framework agreement between the designer and mything and shall apply in their currently valid version. By uploading the design to the website mything.com, the designer is subject to these terms as well as the General Terms of Business ("GTB") of mything, which can also be downloaded at mything.com/mydesignaccessories as well as the selection criteria, described in the folder "MY DESIGN ACCESSORIES", published and included as annex to these "GCT" at mything.com/mydesignaccessories Any deviations from these GCT require the explicit written consent of mything in each individual case. The validity of other general contractual terms is excluded in all cases, even if mything does not explicitly contradict such terms. 2. ELIGIBILITY 2.1. Participation in the "MY DESIGN ACCESSORIES" competition is permitted for natural persons, legal entities as well as private companies/associations of persons. Natural persons must be older than 16 years of age and be free to dispose of the contractual object The submitted designs will be attributed to the categories "Home", Office and "Gadgets". Each designer may upload max. five different designs for each of these categories to mything.com for this competition Participation in the "MY DESIGN ACCESSORIES" competition is not open to employees of mything and their relatives. 3. SUBMISSION DEADLINE Registration for the "MY DESIGN ACCESSORIES" at mything.com is open from May 18, :00 hrs, to June 18, :59 hrs CEST. Designs submitted before or after this period are excluded from participation in the competition. In this case, mything is not obligated to inform the designer. Page 1 6

2 4. PARTICIPATION FEE AND ANCILLARY COSTS Participation in the "MY DESIGN ACCESSORIES" is free of charge for the designer. All costs and expenses the designer incurs toward the manufacture of the design as well as for the participation in the competition shall be borne by the designer. Any claims for compensation for costs and expenses toward mything are excluded. Pa r- ticipation in the competition is voluntary and entirely free of charge. 5. SUBMISSION OF THE DESIGN TO MYTHING.COM FOR THE MY DESIGN AC- CESSORIES COMPETITION 5.1. In order to take part in the competition, the designer must register as a designer at mything.com, fill out his/her profile (if he/she is not already registered), tick the checkbox YES, I submit my design to the DESIGN COMPETITION on the Upload your design page (mything.com/desing/add) and follow the upload instructions. Submissions are possible in the categories Home, Office and Gadgets, which the designer can chose on the Enter your product details page. Designs are accepted as STL files (not larger than 30 MB) and DXF files (not larger than 30 MB). Following the submission of the design, each designer receives an confirming the successful receipt of the design file Designs in the format of STL files must be able to be printed with an SLA 3D printer, an SLS 3D printer, an FDM 3D printer or binder jetting printer. The design must be waterproof and have a wall thickness of at least 1 mm for SLS and SLA 3D printers, 3 mm for FDM 3D printers and 2 mm for binder jetter printer. Additionally, it needs to fit in a frame of 240 x 240 x 240 mm. Furthermore, the design may not have any sharp edges, tips or other dangerous structural features. Any holes must have a diameter of at least 2 mm. The designer has the possibility to define a personalization area on the Preview your design step Designs in the format of DXF files may not exceed the size of 800 x 500 mm. It is recommended to have stable connecting parts with a minimum width of 3 mm or wider to prevent breaking. All lines need to be color coded and extra thin (0.01 mm): Cut lines: red lines; engraved areas: black lines; Engrave lines: blue lines. The designer has the possibility to define a personalization area on the Preview your design step By uploading the design to mything.com, the designer guarantees that he/she is entitled to provide the design and to grant all required rights to mything and that neither the designer nor mything violate any third-party rights through the provision and use of the design in accordance with these GCT as well as the corresponding applicable GTB of mything If the design does not comply with the requirements of these GCT, the selection criteria or the applicable GTB, mything shall be entitled to exclude the design from participation in the competition. In such a case, mything is not obligated to inform the designer of this. mything is, however, also entitled to inform the designer of the exclusion and to accept the repeated upload of the revised design in accordance with the specifications of mything. This shall also apply in the case that the submission deadline in accordance with point 3 has already expired at the time of the new up- Page 2 6

3 load. 6. GRANTING LICENSE RIGHTS 6.1. With the upload of the design, the designer grants to mything a temporally limited, non-exclusive, sublicensable, locally unrestricted, royalty-free license right for the duration of the "MY DESIGN ACCESSORIES" competition and for at least six months afterward (point 6.3), also within contexts not related to the competition. This includes the right to make royalty-free use of the design, to copy it, make use of it for demonstration purposes, to photograph it, to distribute it and to publish it with wha t- ever means and in whatever media, in particular for advertising purposes mything is, in particular, also entitled to make royalty-free use of the submitted design for marketing purposes, by publishing it, in full or in part, on the website mything.com and mything.com/mydesignaccessories for the duration indicated in point 6.1, as well as in any manner in connection with the "MY DESIGN ACCESSO- RIES" competition The designer shall also grant mything the right to offer the design for a period of at least six months following the competition in accordance with point 7 on the mything.com website for the purpose of manufacturing products. This date shall commence on the day following the announcement of the winners, in accordance with point 9.3 and shall end at the end of the day of the last month, which corresponds to the day on which the period began. If the day on which it should expire does not occur in the last month, the period shall end with the expiry of the last day of that month. If and to which extent mything makes use of this right to offer the design for the purpose of manufacturing the product, shall be at the sole discretion of mything Furthermore, by uploading the design, the designer is obligated to refrain from ma r- keting or using the design on any other online market places up until the day of the announcement of the winners, in accordance with point 9.3, as well as for the entire period during which it is offered on mything.com for manufacture. Expressly exclu d- ed from this however is the offer of the design on the own website or studio website of the designer. In the event of violation, the designer is obligated to compens ate mything for any damages arising from this. 7. MARKETPLACE PARTICIPATION ON MYTHING.COM 7.1. By uploading the design, the designer grants mything, in addition to the sublicensable rights defined in point 6, the right to offer the design after the competition for a period of at least six months on mything.com for the manufacture of the product (the General Terms of Business apply, which can be viewed at mything.com/mydesignaccessories). The designer and mything may extend this period by mutual agreement. Please refer to point 6.3. for the calculation of the 6- month period. The design uploaded to mything.com shall not be automatically deleted by mything upon expiration of this period (or the mutually agreed extended period). The deletion of the design is the sole responsibility of the designer In return, the designer shall receive from mything a license fee in each case the product designed by the designer is sold to a customer on mything.com, during the Page 3 6

4 period defined in point mything however is not obligated to make use of the rights in accordance with points 7.1. and 7.2 and to publish a submitted design, advertise it and/or manufacture products from it. Rather, mything reserves the right to exclude certain desig ns for whatever reason. 8. CANCELLATION OF THE COMPETITION / POSTPONEMENT 8.1. mything is entitled to cancel the "MY DESIGN ACCESSORIES" competition, to postpone it or to change the terms of the competition, if mything deems this necessary or external circumstances call for it. In this case, mything shall inform all participants by sending an to the address provided by the participants The assertion of claims for damages, costs or other expenses or compensation t o- ward mything is also excluded in these cases. 9. SELECTION AND ANNOUNCEMENT OF WINNERS 9.1. The assessment of the designs and the selection of the winners are at the discretion of the judging panel consisting of six jury members and shall take place between June 27, 2018 and July 4, mything is obligated to submit the designs to the jury members in an anonymized form and to only reveal the identity of the designers once the judging panel has assessed the designs and chosen the winners. mything reserves the right to make a pre-selection in the event of an excessive amount of submissions The categories "Home", Office and "Gadgets" shall be assessed by the jury members separately. A ranking is made for each category. The judging panel assesses the submitted designs pursuant to the selection criteria published on mything.com/mydesignaccessories and included with these GCT The winners of the competition shall be published by mything on July 13, 2018 on the website mything.com/mydesignaccessories as well as on various design blogs, social media as well as other media. mything shall also notify each winner personally by sending an to the address provided by the participant If a winner fails to respond to mything within three work days following the receipt of the personal notification, the participant shall be excluded from the competition and the next designer in line will receive the prize instead. The same shall apply if the winner cannot or will not accept the prize for any reason or it is subsequently r e- vealed that the participant is not eligible (cf. point 11) The decisions of mything and the jury are final. Recourse to the courts is not permitted. 10. PRIZES / PAYOUT For each of the three categories "Home", Office and "Gadgets", the winners of the "MY DESIGN ACCESSORIES" competition shall receive the following prize money: for 1st place, for 2nd place and for the 3rd place winner. Page 4 6

5 In addition, 10 outstanding designers will receive the offer of a bonus of 50 upon uploading 5 additional designs to mything.com. Five further competitors shall receive a noteworthy mention Furthermore, mything shall grant the designer, in accordance with point 7, the oppo r- tunity to offer the design on mything.com for a period of at least six months on the basis of the GTB, which can be viewed at mything.com/mydesignaccessories for the manufacture of the product. Special reference in this regard is made here to point Please refer to point 6.3. for the calculation of the 6-month period The payout of the prize money shall only take place upon submission of an official photo ID (e.g. a passport or driver's license) and specification of a bank account b e- longing to the winner. For legal entities or private companies/associations of indivi d- uals, the prizes shall be paid out upon submission of a current commercial register extract or other register extract as well as an official photo ID (e.g. a passport or driver's license) of an authorized representative (e.g. managing director) and bank details of an account belonging to the corresponding organization Fiscal obligations and other legal provisions associated with the prize are the sole responsibility of the winner. 11. DISQUALIFICATION If the designer, within the framework of his/her participation in the competition of mything.com/mydesignaccessories, violates any legal regulations, these GCT, the enclosed selection criteria or the GTB of mything, mything shall be entitled to exclude the designer from the competition with immediate effect. mything also reserves the exclusive right to exclude the competitor in the event that mything is requested to do so by legal authorities. In the event of such a disqualification, the designer has no rights whatsoever to assert claims for damages or costs mything is not obligated to inform the designer personally about his/her disqualification. 12. DATA PROTECTION mything is entitled to process the personal data voluntarily provided by the partic i- pating designers for the purpose of fulfilling this framework agreement. 13. LIABILITY By uploading the design to mything.com, the designer guarantees that he/she is entitled to provide the design and to grant all required rights to mything and that neither the designer nor mything violate any third-party rights through the intended provision and use of the design in accordance with these GCT as well as the correspondingly applicable GTB Furthermore, the designer is obligated to indemnify mything from any third-party claims whatsoever. Page 5 6

6 14. MISCELLANEOUS Austrian Material Law applies solely to the contractual relationship between mything and the designer with the exclusion of references to international law and the UN Convention on Contracts for the International Sale of Goods All disputes between the participating designer and mything shall be subject solely to the exclusive jurisdiction of the competent court for the first district of Graz. For co n- sumers in the meaning of the Austrian Consumer Protection Act (KSchG), this applies only to the extent that they are resident or the place of employment of the consumer is also in Graz All deadlines defined in these GCT are ensured if the respective is sent within the period of the deadline For entrepreneurs: Should a provision of this Agreement be or become ineffective or unfeasible, this shall not affect the effectiveness of the remaining provisions of this agreement. In the place of the ineffective or unfeasible provision, a provision shall be deemed effective that the contractual parties would have agreed if they had been aware of the ineffectiveness, unfeasibility or non-existence of the effective provision upon concluding the agreement Changes and supplements to this agreement must be made in writing to be deemed effective. This shall also apply for changes of this formal requirement. The written form in this GCT can be understood as letters and s Only the German version of the GTB, to be downloaded at shall be applicable. Its translation into English is merely for the purpose of information. Annex: Folder "MY DESIGN ACCESSORIES" Status 5/2018 Page 6 6