Terms and Conditions
1.1 Competition : PRI2DE Creative Camp: FLEXhome+ International Interior Design Competition 2023
1.2 Organiser : HKR International Limited
1.3 Strategic Partner : Hong Kong Designers Association
1.4 Entrants : All applicants who register and join the Competition
1.5 Entries : All submitted materials provided by Entrants
2. CONFIDENTIALITY OF ENTRIES
2.1 All Entrants shall keep their Entry confidential and take such necessary steps to ensure the same is not disclosed to any third parties throughout the Competition until the final results are announced.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 “Intellectual Property Rights” means patents, trademarks, service marks, trade names, design rights, copyright, domain names, database rights, rights in know-how, new inventions, designs or processes and other intellectual property rights whether now known or created in future (of whatever nature and wherever arising) and in each case whether registered or unregistered and including applications for the grant of any such rights.
3.2 The Organiser and the Strategic Partner own the intellectual property rights of the contents on the Competition Website. Unless prior written authorisation is obtained from the Organiser, any printing, reproduction, adaptation, distribution, dissemination, making available to the public of other use of such contents is strictly prohibited.
3.3 Registered Competition Entrants may print, reproduce and use the contents on the Competition Website for the purpose of making submissions for the Competition.
3.4 Unless otherwise agreed, all works submitted will remain the exclusive property of the Entrant. It is a part of the Competition that the Organiser and the Strategic Partner have the right to use all of the works submitted and all images depicted therein in any promotion or for any non-commercial purpose on owned and partnered platforms.
4. EXHIBITION AND PUBLICATION OF ENTRIES
4.1 By entering into the Competition, the Entrant grants the Organiser and the Strategic Partner the right to display and exhibit your Entry, or any part thereof, in any venue and at any time. The Organiser and the Strategic Partner may also promote, copy, publish, or distribute an Entry or any part thereof, in any media, publication, or webpage, online and offline. The author/designer of the Entry will be given credit by the Organiser and/or the Strategic Partner.
4.2 By submitting a work in the Competition, the Entrant grants Organiser and the Strategic Partner the non-exclusive, unlimited, royalty-free transferable, irrevocable, non-exclusive and sublicensable right to publish in all media platforms now known or hereafter discovered, and publicly display all work for an unlimited period worldwide. The Organiser and the Strategic Partner have the right to apply minor changes or amendments without damaging the integrity of the work, e.g., adding the Competition’s name, logo and text, reframing, translation, changing colours, cutting the background or parts of it. In case the Organiser and the Strategic Partner want to bring major changes to the submitted work for non-profit publication or public exhibition purposes, the Organiser and the Strategic Partner will contact the Entrant and inform him/her about such use and give credit to the author/designer of the Entry.
4.3 The date and mode of exhibition is subject to the final decision of the Organiser.
5. LANGUAGE AND TIME
5.1 Except otherwise specified therein, Entries shall be presented in English. Entrants are reminded that the explanatory statement on the Competition Website shall be submitted in English. The in-person presentation, if any, shall be delivered in English.
5.2 Time mentioned on the Competition Website shall be Hong Kong time.
6.1 The Organiser is under no obligation to adopt or use any design ideas and concepts of the winning or any of the Entries (or any part thereof) or to incorporate in the design and construction of any of its upcoming and future projects and development of the Organiser or its parent companies, subsidiaries and affiliates.
7.1 Any Entrant who does not abide by the rules, requirements or conditions as set out on the Competition Website may be disqualified from the Competition. The Organiser and Strategic Partner reserve the right to verify eligibility of Entrants and to adjudicate any dispute regarding eligibility at its sole discretion. By submitting the Entries, Entrants agree to provide with any proof of eligibility requested, and the refusal or failure to provide such proof within five (5) days of request will result in the immediate disqualification from the Competition.
7.2 Any disqualification shall be at the absolute discretion of the Organiser and/or the Judging Panel.
7.3 The decision of the Organiser and/or the Judging Panel regarding the Competition shall be final and binding on all parties concerned.
8.1 The Organiser, the Strategic Partner or any person directly or indirectly involved or participated in the organisation of this Competition shall not be responsible or liable for any erroneous, damaged, destroyed, lost, late, incomplete, illegible and misdirected Entries, or any damage or loss arising from, connected with, or relating to the Competition, the submission of Entries to the Competition, participation in the Competition, regardless of the cause or any fault by any of the above mentioned parties or any person for whom the above mentioned parties is responsible, and notwithstanding that any of those persons may have been advised of the possibility of such damage or loss being suffered.
8.2 By participating in the Competition, Entrants agree to release, discharge and hold harmless the Organiser, the Strategic Partner, and each of their parent companies, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (‘Released Parties’) from and against and any and all claims, liability, costs, losses, damage or injuries of any kind arising out of or related to Entrants’ participation in the Competition and/or related to any prize (including, without limitation, losses, damage or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Competition; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Competition activity and/or prize).
8.3 The Organiser and the Strategic Partner maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel as a part of the prizes provided in connection with the Competition; and will not be responsible or liable for any injury, expense, accident, delay, inconvenience or other irregularity that may be caused throughout the Competition including the Final and Awards Presentation ceremony.
8.4 The Finalists shall make their own arrangement to attend the Final and Awards Presentation Ceremony and all travel expenses will be borne by the Finalists.
8.5 The Organiser may at its sole discretion cancel, modify, defer or suspend the Competition. The Entrants shall not be entitled to any compensation as a consequence of such cancellation, modification, deferment or suspension of the Competition.
8.6 Each Entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liabilities arising from or connected with the Competition and to release all rights to bring any claim, action or proceeding against Released Parties. The Released Parties are not responsible for the actions of Entrants in connection with the Competition, including Entrants’ attempts to circumvent the official rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Competition.
8.7 In the event that the Organiser is prevented from continuing with the Competition due to any event beyond its control, including but not limited to fire, flood, epidemic, earthquake, explosion, labour dispute or strike, act of God or public enemy, communication or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Competition by any party or any country, federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other causes not reasonably within the Organiser’s control (each a “Force Majeure” event or occurrence), the Organiser shall have the right to modify, suspend or terminate the Competition. The Organiser additionally reserves the right, in its sole and absolute discretion, to modify, suspend or terminate the Competition should a cause beyond the Organiser’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Competition.
8.8 The Organiser reserves the right to add or amend any terms to/ on the Competition Website at any time without prior notice to the Entrants. Any such additions or amendments will be announced on the Competition Website and become effective and binding once so announced.
9. GOVERNMENT LAW & JURISDICTION
9.1 The terms contained in the Competition Website and all other terms and conditions of the Competition shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“HKSAR”). All parties shall submit to the non-exclusive jurisdiction of the courts of the HKSAR.
10.1 If any provision herein is determined to be illegal or unenforceable by any court of competent jurisdiction or an arbitrator, such provision shall be deemed to have been deleted without affecting the remaining provisions of the Competition Website.
11. GENERAL PROVISIONS
11.1 On the Competition Website, unless the context otherwise requires:
11.1.1 words importing the singular number shall include the plural and vice versa;
11.1.2 words importing any particular gender shall include all other genders;
11.1.3 words importing the whole shall be treated as including a reference to
any part of the whole;
11.1.4 the time of receipt of communications sent by electronic transmission
or facsimile shall be the time such record comes to the knowledge of the addressee; and
11.1.5 time shall be of the essence for any time, date and period mentioned on the Competition Website.
11.2 Any question as to the interpretation of the contents on the Competition Website and all matters not specifically provided for herein shall be left to the Organiser’s decision which shall be final and binding on all parties concerned.
12.1 It is the responsibility of all Entrants to verify the information they provided on this Competition Website and the Entrants are advised to obtain for themselves additional information as deemed necessary. The Organiser and the Strategic Partner shall not be held responsible for the accuracy, reliability or suitability of the information provided.
13. PERSONAL DATA COLLECTION
13.1 The purposes of collecting Entrants’ personal data are as follows:
13.1.1 verification of the eligibility of the Entrants;
13.1.2 correspondence with the Entrants;
13.1.3 announcement of the results of the Competition and award of the prizes relating to the Competition;
13.1.4 identification of the Entrants in publishing, printing, display and exhibition of the Entries; and
13.1.5 other purposes related to the Competition.
14. LICENCE AND UNDERTAKING
14.1 The Entrant declares, warrants, agrees and undertakes the followings:
14.1.1 The Entrant has read carefully and understands clearly the contents on this Competition Website regarding the “FLEXhome+ International Interior Design Competition” (“the Competition”), including any changes as may be announced on the Competition Website.
14.1.2 The Entrant acknowledges his eligibility to participate in the Competition and declares that all information provided is true, accurate and complete.
14.1.3 The Entrant fully agrees to be bound by the terms and conditions set out on the Competition Website as may be from time to time varied or amended by the Organiser, and any and all decisions of the Organiser and Judging Panel of the Competition.
14.1.4 The Entrant grants to the Organiser, the Strategic Partner and its authorised users, assigns and successors-in-title a royalty-free, transferable, irrevocable, non-exclusive, worldwide, perpetual and sublicensable licence in relation to the Entry including all plans, drawings, sketches and all other things in whatever form that the Entrant has submitted for the Competition (“the Entry”) for the right to conduct the following: –
220.127.116.11 display, exhibit, show, play, broadcast and / or make available the Entry or any part(s) of the Entry (whether in physical or electronic form) to the public; and
18.104.22.168 reproduce, publish and / or publicise the Entry or any part(s) of the Entry in any media.
14.1.5 To the extent that beneficial ownership of any Intellectual Property Rights in any component of the Entry is vested in a third party, the Entrant declares and warrants that the relevant beneficial owner of the third party Intellectual Property Rights has granted a valid and continuing licence in favour of the Entrant for entering into the Competition and a royalty-free, transferable, irrevocable, non-exclusive, worldwide, perpetual and sublicensable licence together with an indemnity in favour of Organiser and its authorised users, assigns and successors-in-title upon the same terms mutatis mutandis as those set out herein.
14.1.6 The Entrant warrants and undertakes that:
22.214.171.124 the Entrant has full capacity, power and authority to enter into the Competition;
126.96.36.199 the Entry is original and has never been published before and the use or possession of which by Organiser and its authorised users, assigns and successors-in-title does not and will not infringe any Intellectual Property Rights of any party;
188.8.131.52 the Entry contains no pornographic, violent, morally objectionable elements or promotion of commercial, evangelical or political elements and is not defamatory, threatening, illegal, obscene, indecent, seditious, offensive or liable to incite racial hatred or discrimination of any type in any way;
184.108.40.206 the Entrant is the author of the Entry and is the legal and beneficial owner of Intellectual Property Rights subsisting in the Entry which are free from any encumbrances (save and except any component in the Entry of which the beneficial ownership of Intellectual Property Rights is vested in a third party) and has never assigned or licensed any of such rights to any third party;
220.127.116.11 the Organiser shall have the sole discretion in determining the extent and manner of non-commercial use of the submissions and are not obligated to use any submission. Each Entrant shall acknowledge that other Entrants may have created plans and concepts contained in their submission that may have analogies or similarities to his/her own submission, and that he/she will not be entitled to any compensation or right to negotiate with the Competition Entities because of these analogies or similarities;
18.104.22.168 the Organiser will be given the right of first refusal to the exclusive use of the design. During the Competition period, if the Organiser wants to obtain the intellectual property rights of an Entry, the Organiser will pay a fee under mutual agreement to the Entrant for the transfer of all intellectual property rights (except the right of authorship). The Entrant undertakes not to transfer the intellectual property rights of Entry to any other third party for the duration of the Competition, or without the written statement of relinquishment signed by the Organiser; and
22.214.171.124 the Entrant has never entered into and shall not enter into any arrangement which may inhibit or restrict the exercise by Organiser and its authorised users, assigns and successors-in-title of the rights licensed pursuant to the provisions on the Competition Website. This provision shall continue in full force and effect without limitation of time.
14.1.7 The Entrant shall fully indemnify and keep indemnified the Organiser, the Strategic Partner, its authorised users, assigns and successors-in-title against all actions, liabilities, loss, proceedings, claims, demands, damages, charges, expenses (including but not limited to reasonable fees and disbursements of lawyers, agents and expert witnesses) and awards which may be taken or made against the Organiser and the Strategic Partner, its authorised users, assigns and successors-in-title or which the Organiser, the Strategic Partner, their authorised users, assigns and successors-in-title may suffer or incur and all sums paid in settlement of the same caused by, arising out of or in connection with any breach of the terms, conditions, or warranties on the Competition Website by the Entrant or any infringement (including but not limited to allegations or claims of infringement) of the Intellectual Property Rights of any party by the Entry. This provision shall continue in full force and effect without limitation of time.
14.1.8 Nothing on the Competition Website shall be deemed to constitute a partnership between the Entrant and the Organiser and/or the Strategic Partner, their authorised users, assigns and successors-in-title or the relationship of employer and employee or the relationship of principal and agent or the relationship of trustor and trustee.
15. Membership Granted by HKDA
15.1 The Strategic Partner, Hong Kong Designers Association (“HKDA”), shall grant all Entrants an associate, affiliate or student membership free of charge to HKDA for the calendar year following the completion of the Competition. The types of membership offered to Entrants shall be determined by HKDA in its sole discretion, based on its review of the Entrants’ profiles and the membership requirements. The membership shall entitle the Entrants to enjoy certain benefits and services offered by HKDA in its sole discretion.