The ABURY Design Experience (“ADEx”) is a contest organized by ABURY Collection GmbH, Berlin, Germany (“ABURY”). By entering to the ADEx on the Website register form, applicants agree to be bound by the following Terms & Conditions:
1. The ADEx opens on 15 Febuary 2016 (Opening Date) and closes at midnight CET (Central European Time) on 31 March 2016. (Closing Date). No entries will be accepted before the Opening Date or after the Closing Date.
2. The ADEx is open to any individual of at least 21 years. Entries must be made via the website register form and are limited to one (1) entry per person. The entry should consist of up to 8 photos (jpgs) of design work already done by the designer and a short video of the designer explaining her/his motivation of taking part in the contest. They should represent the creativity and understanding of craftsmanship of the designer.
3. By submitting an entry, applicants grant ABURY the non-exclusive, unlimited, and cost free right to publish and use works comprised in their entries for the purpose of the ADEx and of its promotion in any media. Applicants warrant that the work comprised in their entry was created by them personally, that their entry does not infringe intellectual property rights and/or any other rights, including but not limited to copyrights, trademarks and personal rights, of any third party and that all necessary consents, licenses or other relevant authorizations of third parties have been obtained.
4. Entries shall not comprise of anything which is obscene or vulgar, offensive, abusive, harmful, threatening, libelous, defamatory, invasive of another’s privacy, sexually or racially or ethically or religiously insulting, harassing, abusive, profane or otherwise unlawful. ABURY reserves the right, at its sole discretion, to remove and/or disqualify any entry from which it believes is in breach of this clause, or any of the provisions of these Terms and Conditions.
5. ABURY reserves the right to cancel the ADEx without specification of a reason.
6. ABURY may alter the ADEx and/or these Terms and Conditions in the event of unforeseen circumstances outside of its reasonable control or if in its absolute discretion considers it necessary.
7. The official language of the ADEx is English, which must be used in all stages of the competition.
8. The procedure of finding the winner is defined as follows: The fashion director of Harper’s Bazaar Germany will select up to a maximum of 20 entries that will go to the semi-final. Judging criteria are: creativity, craftsmanship skills, production / quality and personality (video).
The entries (photos and video) of the designers selected for the semi-final will be put online on the ADEx website for public voting. After two weeks of public voting the five best entries plus one wild card (chosen by Harper’s Bazaar and ABURY) will be presented to the Jury members who will decide on the winner in a democratic judging process. Judging criteria will be as mentioned above.
9. The decisions of the juries are final and cannot be appealed. Recourse to the Courts is excluded.
10. Applicants accept that the Website is offered on an “as is” and “as available” basis. ABURY does not warrant that the Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of software viruses or bugs or other defects. ABURY shall not be liable for any damages or other losses of any type whatsoever incurred as a result of the use of the Website. ABURY shall not be responsible for any entry that cannot be uploaded on to the Website.
11. The winner shall receive a grant that may only be used for the ADEx and that cannot be claimed in cash. It shall consist of the arrangement of transportation to and of accommodation for a workshop in Berlin, transportation and accommodation in Morocco, as arranged by ABURY, and of support in the design, testing and prototyping of a capsule collection with local artisans (material and cost for labour). Pocket money and personal expenses have to be covered by the winner.
Additional expenses or transportation cost will need to be covered by winners personally. Obtaining necessary visa and/or other travel documents lies in the sole responsibility of the winners.
The grant may be altered or varied at the sole discretion of ABURY and substituted with a prize, which, in the sole opinion of ABURY, is a suitable alternative.
12. Applicants agree, in case they win the ADEX grant, to create a capsule collection (5-10 pieces) for ABURY in cooperation with the local artisans (the “Collection”). They furthermore agree to keep and publish an online diary with ABURY with photos about their experiences and the production process. An ABURY mentor will always be available for support.
13. Applicants agree, in case they win the ADEX grant, to come and stay in Berlin for one week for orientation and participation in ABURY workshops (timing will be defined with the winner). During the period from September to October 2016, winners may manage their own working schedule, as long as the Collection is finalized within that period. However, during such period the winners agree to spend in Morocco a minimum of six consecutive weeks.
14. In the event that winner drops out of the ADEx, otherwise refuse the grant, participation, travel and/or creation of a capsule collection, or are disqualified for whatever reason, before the start of the experience, ABURY may contact the next runner-up in order to replace them.
15. In the event that winners drop out of the ADEx otherwise refuse the grant, participation, travel and/or creation of a capsule collection without good cause, or are disqualified due to their culpable breach of a material obligation, they are to reimburse ABURY the full amount of financial support and/or other benefits previously received as ADEx grant (including transportation and accommodation).
16. ABURY shall hold all rights in the Collection. Applicants agree to transfer and assign, and ABURY accepts, therefore, both ownership in all pieces and materials of the Collection as well as any and all rights pertaining thereto upon their creation in advance. To the extent that a full transfer is legally not possible, applicant agrees to grant ABURY the exclusive, irrevocable, worldwide, transferable and sub-licensable right to publish, use and exploit the Collection and materials in any manner.
17. ABURY reserves the right to amend the winner’s Collection design to a reasonable extent for the purposes of meeting manufacturing costs or time scales in consultation with the winner but with the final decision at the sole discretion of ABURY.
18. The Collection will be sold and marketed under the label of ABURY but with full credit to the name of the designing winner. Because the design is made possible by the grant, is created under the guidance of ABURY and because the production costs will be fully covered for by ABURY, winners shall not receive a remuneration for the Collection and the rights therein. However, 5% of wholesale profits gained from the sale of the Collection will be shared with the designing winner, as far as these exceed the equivalent value of expenses ABURY made for the winner as part the grant, on an annual basis.
19. Applicants agree, in case they win the ADEx grant, for their name (but not brand, if he or she has one), image and/or biographies to appear as part of ABURY’s marketing communication of the ADEx and of the Collection, on ABURY’s website and/or third party media, in particular on social media platforms
20. Personal data provided by applicants will be stored and processed in accordance with applicable law and solely for the purpose of conducting and managing the ADEX, unless agreed otherwise.
21. ABURY will be involved in the design of the Collection and shall make the final decisions in all aspects pertaining to its production, marketing and sale.
22. ABURY, and any other company, organisation or person assisting ABURY and/or the winner in connection to the ADEx, shall liable towards applicants only for damages based on wilful misconduct or gross negligence. Liability for loss of profit is excluded. These limitations of liability do not apply with respect to damages to life, body or health.
23. Applicants shall indemnify ABURY and any other company, organisation or person assisting ABURY and/or the winner in connection to the ADEX for any and all third party claims based on an infringement of copy- and/or of other rights through publication and/or use of their entry and/or their Collection.
24. The ADEx and these Terms and Conditions are subject to German law. Sole place of jurisdiction for any dispute arising in the context to the ADEx, the entries, the grant and the capsule collections, is Berlin.