Terms And Conditions
1.1. These Terms and Conditions (hereinafter - the Terms) determine the rules of registration and conduct of the competition named “The Y.O. Design Lab Awards”
1.2. XEV is the trading brand of Shanghai Yaoyo Technology Co.,ltd, a company established and operating in accordance with the laws of China, registration No. 91310115MA1K45G128 , legal address is NO. 14, Lane 1502, Luoshan Road, China (Shanghai) Pilot Free Trade Zone (hereinafter XEV).
1.3. XEV reserves the right to update or amend these Terms and Conditions at any time. By using this Portal and registering for the Competition, the Participant fully and irrevocably agrees to these Terms and Conditions, which form a contract between the Participant and the Organizer. Please review them carefully.
2.1. “Portal” is portal https://uaad.art/awards. It is clarified that the Portal is not related to the organized Competitions, but is only a platform for placing competition offers, for registration and submission to Competitions.
2.2. “Competitions” The Y.O. Design Lab Awards organized by Organizer through the Portal.
2.3. “Organizer” is XEV and Underground Art And Design.
2.4. “Commissioning Party” is the party commissioning the Competition.
2.5. “Participant” is the person or team registering for the Competition.
2.6. “Competition Brief” is a separate document setting out specific requirements for each particular Competition.
2.7. “Submission” is the design proposal with any video and photo of its creative process submitted within the Competition, regardless whether or not completed or finished.
PARTICIPANT ELIGIBILITY AND REGISTRATION
3.1. Competitions are open to any Participant aged 18 and over.
3.2. Participant (also applicable to Participant Team in case if one of Participant Team Member complies) cannot participate in a Competitions and will be immediately disqualified and forfeit all of prizes if Participant or Team Member is or become:
3.2.1. a minor under age 18;
3.2.2. a resident of, or ordinarily resident in, Iran, Cuba, North Korea, Crimea, Sudan, or Syria;
3.2.3. otherwise prohibited by applicable export controls and sanctions programs;
3.2.4. a resident anywhere that a Competitions are prohibited by law;
3.2.5. a current employee, intern, contractor, officer, director of Organizer , it’s associate or family member.
3.3. By registering for the Competition and/or providing a Submission the Participant expressly and unequivocally certifies full compliance with any and all eligibility requirements.
3.4. The Organizer reserves the right to verify Participant’s eligibility and to adjudicate any dispute regarding eligibility at its sole discretion. Participant agree to provide the Organizer with any proof of eligibility requested, and refusal or failure to provide such proof within 5 (five) days of Organizer's request will result in disqualification from a Competition and forfeiture of any prizes.
3.5. To participate in a Competition, a Participant registers through the Portal registration panel (hereinafter – the Registration) compiled and administered by the Organizer under these rules:
3.5.1. Participants may register either individually or as a team by completing and providing true and accurate information on the Registration Form;
3.5.2. Participant teams are restricted to a maximum of 4 (four) persons.
3.5.3. Completed Registration Forms will be processed by the Organizer once the Registration Fee has been paid. Each Competition Brief will state the applicable Registration Fee;
3.5.4. Once the Entry Fee is received, the Participant will receive an automatically generated confirmation email to confirm the successful submission.
3.5.5. The Organizer is entitled to transfer Participant’s data to Commissioning Party.
3.7. The Organizer reserves the right to change or omit Participant and/or Participant Team names, particularly if they are, in the Organizer's sole opinion, offensive or obscene, or violate the intellectual property rights of others. If Participant creates team name that is offensive or obscene, or violates the intellectual property rights of others (in each case, as determined at the Organizer’s sole discretion), Team may be disqualified from the Competition.
4.1. All Submissions must be the original work of the Participant (or Participant Team). The visual materials of the Submission must not have been previously published by any of the Participant or members of Participant Teams.
4.2. The Participant confirms that the Submission does not infringe any copyright, rights related to trademarks, trade secrets, designs or patents of any third party.
4.3. The Participant shall be ready to supply copyright licenses for images used if requested by Organizer. A failure to supply such licenses within the period specified by Organizer may be grounds for disqualification.
4.4. The Participant assumes full liability for any infringement of rights and acknowledges that any Submission in any breach of these rights may be immediately disqualified. In the event that a third-party asserts infringement of intellectual property rights against Organizer, the Participant shall be liable for all costs in relation to acts required to defend against such actions.
4.5. All Submissions must strictly and completely conform to the Terms and Conditions and the rules and guidelines set out in the Competition Brief.
4.6. All Submissions must be made solely through the specified upload panel within the Portal, access to which is granted upon successful Registration and payment of Registration Fee. Submissions received by email or any other delivery method will not be considered.
4.7. The Participant may continue to upload Submissions and/or edits through the specified upload panel within the Portal until 23:59, EST, on the date of the Submission deadline. Participant is responsible for determining the corresponding time in his/her time zone.
ENSURING THE INTEGRITY OF THE COMPETITION
5.1. The Participant must ensure that Submissions do not include any marks, logos, symbols, or signs that may identify its authority or source. Any breach of these rules will lead to immediate disqualification.
5.2. The Participant may not approach or address the Commissioning Party during the Competition. Any breach of these rules will lead to immediate disqualification.
6.1. By registering for the Competition, the Participant acknowledges and agrees that all aspects of any Submission (including, but not limited to, narratives, descriptions, details, images, illustrations, photographs, animations, and names and images of the Participants) may be used by the Organizer or Commissioning Party for publicity purposes.
6.2. The Participant agrees to participate in the promotional activities and the publicity arrangements for the Competition. The Organizer is authorized to use any and all statements made by the Participant in connection with the Competition without additional approval and consent.
6.3. The Organizer reserves the right to undertake promotional activities and/or publicity arrangements through the Portal or other channels, as well as to discontinue any of its activities and/or arrangements at any time.
6.4. Publications advertised or referenced in the Competition Brief are not binding on the Organizer. The Organizer shall make every effort to follow the announced publication schedule, but cannot be held responsible for publishers' decisions.
FEES AND COSTS
7.1. Upon the full and complete filling of the Registration Form the Participant must make payment of the Registration Fee for the Competition.
7.2. The Registration fee is a one-time fee for registration for the Competition, for data processing and for covering administrative costs.
7.3. The Registration fee is non-refundable except if the Competition is suspended.
7.4. The Participant is responsible for all costs and disbursements incurred in preparing a Submission. The Participant is not entitled to claim the repayment of Registration Fee and/or the reimbursement any of its expenses related thereto.
7.5. The Registration Fee is payable by Participant in dollars through PayPal or by credit card.
DISQUALIFICATION OF SUBMISSIONS
8.1. Participants will be disqualified if non-compliance with the above restrictions for participants, also in case of providing false information about Participant during registration or concerning eligibility.
8.2. Any Submissions that do not comply with these Terms and Conditions, the Competition Brief or other applicable requirements will be disqualified.
8.3. Participants shall not communicate with the Commissioning Party, during the term of the Competition. Should it become known that a winning Submission was submitted by a Participant in breach of this rule, the Submission shall be disqualified and the prize revoked.
8.4. All Submissions received by the Organizer after the closing date and time for Submission will be automatically disqualified.
8.5. The Organizer will notify Participant regarding the disqualification of a Submission. Nevertheless, the Organizer is under no obligation to refund any Registration Fees. Should a winning Submission be disqualified, the Participant shall be obliged to return any prize monies awarded.
8.6. The Organizer’s decision regarding the Participant’s disqualification is final, no appeals will be allowed.
8.7. The Organizer is not obliged to explain to any Participant his decision regarding the Participant’s disqualification.
CANCELLATION OF THE COMPETITION
9.1. The Organizer reserves the right to cancel or suspend the Competition or alter the Terms and Conditions and/or the Competition Brief and/or other applicable requirements at any time and stage at its own discretion, including but limited if it is considered necessary or if circumstances arise outside of its control.
9.2. In a case of suspension of a Competition the Registration Fees of Participant shall be returned.
SELECTION OF THE WINNER
10.1.The winner of a Competition is selected by the Organizer.
10.2.The Organizer’s decision on the choice of the winner is final, no appeals will be allowed and no further communication will be entered into by the Organizer with the Participant.
10.3.The Organizer is not obliged to explain to any Participant his decision on the choice of the winner.
11.1.The Prize is announced on the Competition Portal for each Competition separately.
11.2.To allow time for any public concerns regarding copyright claims or plagiarism, to be fully addressed, the Organizer will endeavour to send the Prizes to the winner within 45 (forty-five) business days after notification of the decision of the Jury and receiving a signed confirmation from the winner.
11.3.If the Participant whose Submission has been selected as the Winner of Competition cannot accept, receive or becomes ineligible for the prize for any reason, the Prize is awarded to the next highest ranked Participant. In this case, the person who cannot accept, receive or becomes ineligible for the prize is not entitled to request a later transfer of the prize from the Organizer.
11.4.Participant is solely responsible for complying with all applicable tax laws and filing requirements, as well as for paying all taxes, duties, and other fees imposed on prizes awarded.
INTELLECTUAL PROPERTY RIGHTS
12.1.Intellectual property rights include all rights including but not limited to copyright, trademarks, service marks, trade names, design rights, patents, know-how, trade secrets, inventions and other forms of intellectual or industrial property, whether registered or unregistered, and all applications for the same (the “Intellectual Property Rights”).
12.2.Upon providing the Submission to a Competition, the Participant and/or each member of the Participant Team grants to Organizer and Commissioning Party or it’s designated third party an unrestricted, worldwide, irrevocable and royalty-free license to the Intellectual Property Rights of the Submission and/or any part thereof as follows: (1) publicly display by any means and in any media; (2) to copy, modify, translate and/or adapt, archive and distribute for publicity purposes or business purpose or for any manufacturing purpose; (3) to communicate to the public; (4) to publish and to distribute; (5) to lease, rent or to publicly lend originals or copies of the Submission and/or any part thereof; (6) directly or indirectly, temporarily or permanently reproduce the Submission and/or any part thereof; (7) to arrange, to adapt, or to otherwise transform the Submission and/or any part thereof without any further notice or remuneration to the Participant.
12.3.The Organizer has the rights, but is not obliged to use all or any of the Intellectual Property Rights licensed above.
12.4.The Organizer has the rights, but is not obliged to associate all credits in connection with the Submission with the registered name of Participant or the title of the Participant Team.
12.5.The Participant undertakes to not exploit any of its personal rights arising out of the Intellectual Property Rights in any time and manner contrary to the interests of the Organizer or the Commissioning Party.
12.6.The Participant expressly and irrevocably confirms that they agree that the Organizer and/or the Commissioning Party are entitled to dispose of the Intellectual Property Rights licenced to the Organizer and/or assigned to the Commissioning Party in full at their own discretion, including to use the Prize receiver’s Submission or part thereof for Organizer’s and/or the Commissioning Party’s own or another person's economic benefit, to use the Prize receiver’s Submission or part thereof in any type of 2D printing and / or other 3D printing or use it in any other way for economic gain, without any additional remuneration/compensation to the Participant.
12.7.The Participant acknowledges that the benefits and profits, including the promotions and advertisements and the Prize, are sufficient and appropriate remuneration for the Intellectual Property Rights licenced to the Organizer and/or assigned to the Commissioning Party. No additional compensation is due to Participant. The Participant undertakes not to claim any additional remuneration / compensation from the Organizer other than the Prize received.
LIABILITY AND INDEMNITY
13.1.By registering or providing a Submission to a Competition, the Participant agrees to release, discharge and hold harmless the Organizer and its partners, representatives and judges from any claims, losses, damages, expenses and liabilities (including attorney’s fees and settlement fees) arising out of the involvement of Participant in a Competition, the provision of any Submission, any exploitation of Submission by the Organizer, including any infringement of Intellectual Property Rights, or any other activities of Participant related to a Competition.
GOVERNING LAW AND DISPUTE RESOLUTION
14.1.The validity, construction and performance of these Terms and Conditions, as well as the legal relations among the Participant and the Organizer are governed by and construed in accordance with the laws of Hongkong.
14.2.By registering or providing a Submission to a Competition, the Participant agrees that any disputes, claims and causes of action between the Participant and the Organizer arising out of or connected with a Competition or any Prize awarded shall be solved in negotiations between the involved parties in good faith under the spirit of fair treatment by parties towards each other.
14.3.If the involved parties fail to reach an amicable solution, the dispute shall be finally settled by the Hongkong International Arbitration Center.
15.1.If any term (or part of a term) of the Terms is invalid, illegal, or unenforceable, the rest of the terms will remain in effect.
15.2.These Terms and Conditions shall enter into effect when the Participant has registered on the Organizer Portal and expressed acceptance of these Terms and Conditions.
15.3.The Organizer has the right to unilaterally revise, amend or change the Terms without any special notice to the Participant.
15.4.When making changes in the current wording of the Terms, the date of the last amendment is indicated.
15.5.The new wording of the Terms shall enter into force from the moment of its posting on the Portal.
15.6.The Participant may address any questions to email@example.com .
Date of wording: December 11th 2022
Date of publication: December 15th 2022.