"HONOR Talents Global Design Awards" (hereinafter referred to as "the competition") is a design competition for global designers organized by HONOR Device Co., Ltd (Suite 3401, Unit A, Building 6, Shum Yip Sky Park, No. 8089, Hongli West Road, Xiangmihu Street, Futian District, Shenzhen City, Guangdong Province, China) (hereinafter referred to as "The organizer"). The competition is held based on the principles of fairness, impartiality and openness, to shortlist high-quality design works from all over the world, and we hereby set forth and implement the following terms.
Before entering the competition, you must confirm that you have carefully read and fully understood the HONOR Talents Global Design Awards Privacy Statement (hereinafter referred to as the "privacy statement") and the HONOR Talents Global Design Awards Participation Agreement (hereinafter referred to as the "agreement") and agree to abide by the relevant rules.
I. Eligibility
1. You must be at least 18 years of age or reach the legal age in your local region to participate in this competition. If you are under 18 years of age or under the legal age of in your region, your parent or legal guardian must agree to these terms and conditions before you can participate in the competition.
2. You need to ensure that your work is original and has not been authorized for commercial use to any organization or individual (whether paid or unpaid). This contest will not accept entries that have won awards in other contests. This contest accepts works created or produced by artificial intelligence software.
3. You will be disqualified if any of the following situations occur:
(1) Works determined by the panel of judges to involve plagiarism;
(2) During judging, the contestant is found to have not met the entry requirements;
(3) Provision of fake materials or breach of relevant laws and regulations;
(4) Breach of any legal rights of a third-party, including but not limited to intellectual property rights and personality rights.
(5) Submission of any entry of the following nature, or perform any act of the following nature in the competition: fake, defamatory, infringing, harmful, pornographic, offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, profane, obscene, invades the privacy of others, or otherwise objectionable content, including but not limited to promoting illegal activities, the presence of obvious portrayal or glorification of violence, and any content and conduct that is discriminatory, illegal, causes or may cause damage or injury to personal property which may give rise to civil or criminal liability under applicable laws.
II. Competition Rules
1. You need to ensure that the work you submit meets the requirements of the entry specifications and relevant rules, otherwise you may fail the review and be disqualified from the competition.
2. In order to ensure the judges can refer to the final application of your entry, the organizer may contact you after your submission to obtain the source files of your design. The source files of your design will only be used for the purpose of this competition and will not be used for any commercial purposes unless you are awarded the appropriate prize and the copyright of your work is assigned to the organizer in accordance with this agreement.
III. Intellectual Property Rights & Other Rights
1. Contestants should have independent, complete, clear and undisputed copyright of their works when they submit them to the competition. The works submitted by contestants must not be authorized for commercial use by any organization or individual (whether paid or unpaid) and must be original to the contestants, and must not be plagiarized or stolen from others. Contestants should also ensure that their submitted works do not breach any third-party rights, including intellectual property rights, portrait rights, reputation rights, privacy rights, etc. For any related disputes caused by the breach of the above guarantees, all legal liabilities shall be borne by the contestants themselves, and have nothing to do with the organizers and the event organizers. The contestant shall return all cash prizes and benefits obtained from the organizer and its affiliates, and compensate for all losses caused to the organizer and its affiliates.
2. The organizer has the legal right to use all the entries provided in this competition. Once the participants participate in the competition, they are deemed to have agreed and authorized the organizer and its affiliated companies to use their submitted works for events, products, and brand promotion worldwide free of charge from the date of submission to within two (2) years after the end of the contest, including but not limited to the use of the works for marketing events such as cross-media platforms, art exhibitions, retail stores, and roadshows, without any need to notify the participants or obtain the consent of the participants when using the entries. The organizer and its affiliates have the right to license the use of the submitted works to their partners for the above purposes.
3. The copyright（including but not limited to reproduction right, distribution right, rental right, exhibition right） of the entries that win the Global Champion belongs to the organizer, and the entries that win the 1st, 2nd and 3rd places in each category, the Best New Talent, the Judges' Choice Award, AIGC Innovation Award and the Best Interactivity Participation Award belong to the participants, however, the participants agree to authorize the organizer and its affiliates the following rights with respect to the winning entries within two (2) years after the end of the contest:
1) To perform or authorize any third-party to develop derivative works or products, such as secondary development of work into dials, themes, wallpapers, and reasonable and necessary editing of the work for use in peripheral products such as phone cases, phone backing films, laptop bags, canvas bags, watch straps, retail gifts, other HONOR products, etc.
2) Use or authorize any third-party to use the work or its derivative works, including but not limited to developing, reproducing, distributing, selling or using the work in any product or service for any commercial use in any way globally. At the same time, the above works can be used in any marketing/distribution scenarios for publicity (covering all media, including but not limited to Internet, social media, mobile app, online and offline materials and exhibitions, road shows and other event publicity).
3) The organizer and its affiliates have the right to license the use of the above winning entries to their partners for the above purposes.
4. You agree that the finalist or winning entry of this competition may be displayed on our partner channels, such as HONOR's official channel, "Theme", "HONOR Club", as well as other relevant placement channels of our partners.
5. If the entry contains other works, the contestants should either own the copyright or have obtained prior permission from the rights holders to use them.
6. If the entry contains portraits of people, the contestant is responsible for obtaining prior permission from the person photographed to ensure that no breach of third-party portrait rights will occur.
IV. Responsibilities & Obligations
1. Once the entry is submitted during the competition period, the contestant is deemed to have agreed to and complied with the relevant regulations of the competition. The contestant is responsible for resolving any disputes brought about by the contestant's breach of this agreement, and the contestant is required to compensate for any damage caused to the organizer and its affiliates.
2. During the competition period, the contestant shall not transfer or authorize the entry to any third-party, nor re-submit a work that has won an award in any other contest, and would be stripped the qualification.
3. If you don't agree to the contents of Article III of this agreement, "Intellectual Property Rights & Other Rights", you are deemed to have voluntarily withdrawn your participation rights. If you revoke the copyright transfer or dissemination authorization mentioned in Article III "Intellectual Property Rights & Other Rights" of this agreement, you are deemed to have voluntarily withdrawn from the competition and disqualified your eligibility for the corresponding awards and cash prizes. The organizer has the right to recover the corresponding cash prizes if they have already been awarded, and you know and agree that since it is difficult to remove the promotional materials containing your entries and your personal introduction from the relevant channels after they have been released whether online or offline, the organizer will not be obliged to remove or take down the materials, and can continue using them. The marketing materials and derivative products that have been put into production, sales and circulation can continue to be used, placed and sold until they naturally expire.
4. All entries should save the source files (such as PSD or AI format) of the process draft and finished draft. All winning works will need to submit these source files.
5. Participants whose entries have won are obliged to assist and cooperate with the organizer in using the winning entries for commercial purposes such as development, production and sales, including but not limited to providing written permission, copyright registration certificate or other proof of ownership of the winning entries.
6. You agree and confirm that the personal information you provide is true and valid, including your name, contact phone number, email address and mailing address, for the organizer to contact you and issue the prizes. The organizer will only collect and process your personal information in accordance with the privacy statement of this competition to the extent permitted by the above purposes and the applicable law. Please ensure that the personal information you provide is complete and accurate. After announcing the winners, the organizer will contact the winners to verify their registration information. If a prize cannot be issued due to the winner's personal information being incomplete or inaccurate, they will be deemed to have automatically forfeited their right to win, and the organizer will not reissue the prize in this regard.
V. Breach of Agreement & Compensation
1. To the fullest extent permitted by applicable law, you will defend, hold harmless and compensate HONOR and/or its affiliates from any claims, litigation or assertions arising out of or relating to:
(1) Your breach of this agreement;
(2) Any dispute between you and another contestant;
(3) Your breach of any applicable laws or regulations.
This includes any liabilities, damages, costs, litigation expenses and legal fees arising out of the above claims, actions or assertions (including any claims arising out of negligence). You agree and commit to promptly and fully assist and cooperate in the defense of any such claim or demand upon reasonable request by HONOR. HONOR has the right to independently defend itself at its own expense and has full authority to handle matters related to your compensation.
2. To the maximum extent permitted by applicable law, your participation in the competition is at your own risk. HONOR's maximum and entire responsibility to you and your entire right to remedy any and all compensation, damages, claims, proceedings, liabilities, obligations, losses, damages, costs and/or property damage arising out of your participation in this competition under this agreement is based on actual damages suffered by you, and whether based on contract, tort (including negligence) or any other theory, your compensation will not exceed the proceeds received by HONOR according to this agreement. You understand and agree expressly that HONOR shall not be responsible for any loss or damage to internal materials, loss of profits, loss of business or goodwill, business interruption and/or any indirect, incidental, special, consequential or punitive damages (even if HONOR has been advised of the possibility of such damages).
VI. Prize Money
1. All prizes announced by the organizer of the competition are pre-tax prizes, and the specific amount of the prize is subject to the amount announced on the official website of "HONOR Talents Global Design Awards".
2. Winners from mainland China/Hong Kong/Macau/Taiwan will be paid in CNY, while winners from other countries or regions will be paid in USD, and with the USD exchange rate settled in real time on the day the cash prize is paid. The organizer will pay the personal income tax for the cash prizes of mainland China contestants on their behalf; contestants from other countries or regions are requested to handle their own personal taxes for the cash prizes according to the laws and regulations of the specific country or region. Winner Certificates (electronic) will be sent to you via email.
VII. Disclaimer
1. You acknowledge that the ideas and/or concepts used in other contestants' submissions may be similar to those in your own submission. You understand and agree that no claim will be made against the organizer for any such creative and/or conceptual similarity.
2. You use and browse the website at your own risk. Neither HONOR nor any party involved in the creation, production or delivery of the website, title organizers, competition organizers and HONOR's affiliates and partners shall be responsible for any direct, incidental, consequential, indirect or punitive damages arising out of the access, use, browsing or downloading of any information, data, text, photographs, images or audio from the website, and including but not limited to damage to computer equipment or virus infection, or other damage to property. Except for the foregoing, all content in the website is provided "as-is" without warrants of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose or non-infringement.
VIII. Applicable Laws & Jurisdiction
1. Any dispute arising out of or in connection with this agreement shall be settled through friendly negotiation. If the negotiation cannot be resolved within 30 days, both parties shall have the right to file litigation with the People's Court under the jurisdiction of Futian District, Shenzhen, where this agreement is signed.
2. Any dispute arising out of or relating to this agreement shall be governed by the laws of the People's Republic of China, regardless of conflicting laws.
IX. Other Terms
1. This competition will neither charge any fees nor return any entries, and only electronic submissions will be accepted. If the work is not submitted successfully or is not approved due to reasons arising from the contestant, all losses and consequences shall be borne by the contestants themselves.
2. In general, the organizer will arrange the payment of bonus within 120 working days from the end of the competition, and the specific paying entity shall be determined by the organizer. Contestants should provide a valid bank account number and other information within the time specified by the organizer. Contestants whose domicile is Chinese Mainland/Hong Kong China/Macao China/Taiwan China should provide Type I bank accounts. If the contestant fails to provide a valid bank account in the time specified above, the contestant shall be deemed to have abandoned the cash prize, without prejudice to the rights of the organizer and its affiliates to use his or her entry in accordance with this agreement.
3. If the organizer needs to suspend or terminate this competition for unforeseen technical, security or business reasons, we will make every effort to notify you beforehand, including but not limited to in the form of an announcement or via email, so do keep a look out for such notifications.
4. If the organizer makes any changes to this agreement (including material changes, etc.) and said changes will materially affect your rights and obligations, the organizer will notify you through the appropriate channels. We recommend that you review this agreement periodically to ensure that you are aware of any such adjustments made by HONOR. If you continue to participate in the "HONOR Talents Global Design Awards" after the relevant adjustments have been published, you are deemed to have agreed and accepted the relevant adjustments and updates made by the organizer and are willing to be bound by them.
5. Nothing in this agreement shall be deemed to create any partnership or agency relationship between you and HONOR. Neither party shall have the right to assume any liability obligations or costs, or to enter into any contract or other engagement in the name of or on behalf of the other party.
6. HONOR shall not be responsible for any failure or delay in the performance of HONOR's obligations under this agreement caused by or resulting from events beyond HONOR's reasonable control. HONOR shall have the right to assign, subcontract or novate HONOR's rights and obligations under this agreement.
7. If any provisions of this agreement are deemed to be invalid, ineffective or unenforceable by a court of competent authority or any other relevant authority, such provisions shall be deemed to have been deleted from this agreement, but any other provisions shall remain in force.
8. If you have any concerns about this competition, please feel free to contact the organizer for more information.