The following terms and conditions (Terms and Conditions) shall apply to a Creative Callout event (the Event) hosted by Lane Crawford ( Hong Kong) Limited and/or its related and affiliated companies (individually and together referred to as Lane Crawford) in Sydney, Australia on May 22-23, 2018 (the Event Days). By registering for or participating in the Event or any subsequent winning program the participants agree to the following Terms and Conditions:
Lane Crawford and the panel of judges will evaluate the submissions to select the Short-listed Participants eligible to join the Event and the finalists invited to join the Event against the following selection criteria:
The finalists will be selected by the judging panel based on the above criteria.
The finalists will be awarded the following Program prizes subject to the condition that they agree to enter into a commercial agreement with Lane Crawford to supply products and/or designs/works of art substantially similar to those presented to the judging panel (the Work) for purposes of merchandising, distribution, display and/or retail, license or consignment at Lane Crawford.
The winner’s Program will be undertaken in three phases:
Creative Call Out Experience: a 7 day, all expenses paid immersion at Lane Crawford
Brand Launch: January 2019
Commercial Investment:
The runners’ up Program will comprise of:
Brand immersion: remote program prior to Commercial Investment
Commercial Investment
Lane Crawford reserves the right to alter or substitute the prize for the Programs at any time without prior notice in its sole discretion. Terms relating to the prize for the Programs published on the Event website http://www.lanecrawford.com.hk/events/creativecallout/ shall prevail.
Each Participant represents and warrants:
Nothing in this Agreement shall create a joint venture or partnership between the parties or render the Participant an officer, employee, worker, agent or partner of Lane Crawford. The Participant may not hold itself out as a supplier of services to Lane Crawford to any third party for any purpose whatsoever, during the Event or any Program or upon its termination without prior agreement of Lane Crawford in writing.
The Participant agrees to grant the Lane Crawford permission to publish the information provided by the Participant including but not limited to the Participant’s name, images and images of the Works (the Images) in any media on a worldwide basis, including, without limitation, in the Lane Crawford stores, in store signage, visual merchandising, press coverage, printed publications, presentations, promotional materials, advertising and on the Lane Crawford website or social media platforms or outdoor advertising platforms for the purpose of promotion of the Event (the Specified Purposes) in their original format or edited or altered in any way which Lane Crawford deems appropriate for the Specified Purposes. The Participant agrees that the Images may be transferred or disclosed to any third party engaged by Lane Crawford to fulfil the Specified Purposes and retained in Lane Crawford’s archives during and after the Event for record and future promotion of Creative Call Out events which require a reference to this Event.
To the extent that the Participant’s name and the Images constitute personal data under applicable data privacy law, the collection, use, storage and disclosure of the Participant’s name and the Images are subject to Lane Crawford’s Privacy Policy on www.lanecrawford.com/privacy.
Lane Crawford may provide a Participant with its customers’ or employees’ personal data pursuant to these Terms and Conditions. Such personal data may only be used for the purpose of fulfilling the Participant’s obligations in the Event or on the Program and in any agreement subsequently signed with Lane Crawford (and must be deleted/ destroyed by the Participant as soon as it is no longer necessary for such purpose). Each Participant agrees that, in addition to treating such personal data as Confidential Information it will: (a) comply with all of Lane Crawford’s instructions in relation to such personal data (including its use and storage); (b) not use such personal data for any purpose other than to perform its obligations under these Terms and Conditions or any agreement signed with Lane Crawford; (c) take all reasonable measures to protect such personal data (while in its possession) from unauthorized access, usage or loss; (d) not transfer such personal data to any third parties or to any countries outside of China (except with Lane Crawford’s prior written consent); (e) promptly give Lane Crawford all assistance it requires to enable it to comply with all applicable laws; and (f) ensure that such personal data is only accessible to those who need to have access to it in order to perform its obligations in the Event, Program, under these Terms and Conditions or any agreement subsequently signed with Lane Crawford.
All present and future rights, title and interest in any trade mark, patent, copyright, discovery, invention, design, idea, method, secret process or improvement in procedure or other works related thereto devised or created by a Participant, alone or with others, and in each case whether registered or unregistered and including applications for the grant of any such rights, for the Event or any Program or otherwise, which it can demonstrate by written records has not been paid for directly or indirectly paid for and licensed or assigned to Lane Crawford (the Participant’s Intellectual Property) remains the Participant’s sole property and vests with it.
Lane Crawford assumes no responsibility whatsoever for the contents of the Event or Program or any liabilities arising therefrom. If a claim is made against the Lane Crawford which arises from or relates to the Event or Program, including but not limited to a Participant’s Intellectual Property rights infringement claim, each Participant undertakes that it will give Lane Crawford all necessary assistance as may be required by it in connection with such claim. Each Participant shall indemnify and keep Lane Crawford fully and effectively indemnified against all actions, costs, claims, demands, damage, expenses (including without limitation the fees and disbursements of lawyers, agents and expert witnesses) and any awards and costs which may be agreed to be paid in settlement of any proceedings (where that settlement has first been proposed or approved in writing by or on behalf of the Participant) and liabilities of any nature arising out of or in connection with any such claim. This indemnity shall survive the expiry or termination of the Event, any Program and these Terms and Conditions and shall continue in full force and effect notwithstanding such expiry or termination.
In these Terms and Conditions, 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 of whatever nature and wherever arising, whether now known or hereafter created, and in each case whether registered or unregistered and including applications for the grant of any such rights.
No Participant may at any time disclose to any third party any Confidential Information relating to Lane Crawford, its personnel, owners, business partners (Disclosing Parties) or the commercial operations of Lane Crawford, unless authorised to do so in writing.
For the purpose of this term, Confidential Information means any of the following relating to the Disclosing Parties, whether original, duplicated, computerized, memorized, hand-written, or in any other form which contains information which is of a confidential nature: (a) trade secrets, know-how, patents, copyrights, trademarks and technical specifications; (b) non-public information concerning financial data, business plans, valuation models, product development, customer lists, marketing plans, employee lists, information regarding customers, employees, distributors and suppliers (including without limitation leads or prospects and personal data, (such as contact details and financial information)); (c) documents/information about marketing, sales products and investment research; (d) documents/information about persons associated or employed by Lane Crawford including personnel files, performance evaluations and compensation information; and (e) any information which a Participant has been told is confidential or which it might reasonably expect any Disclosing Party would regard as confidential, or any information which has been given to any Disclosing Party in confidence by customers, suppliers and other persons.
The obligation in this term shall not apply to any information which a Participant can show was known to it or is in the public domain other than through a breach of any obligation of confidentiality owed to any Disclosing Party or is required to be disclosed by law.
Upon expiry or termination of the Event or Program, Participants shall promptly return any Confidential Information supplied to it by any Disclosing Party during the Event or Program at the request of the relevant Disclosing Party.
Any breach of these Terms and Conditions by a Participant will invalidate its participation in the Event or any Program. Lane Crawford reserves the right to cancel an Event or Program that is invalidated for any breach of these Terms and Conditions or applicable laws. The decision of Lane Crawford to cancel any Event or Program shall be final. Following any cancellation of a winning Event Lane Crawford will be entitled to select and announce another winning Event. The decision of the Judging Panel will be final. Notwithstanding anything stated otherwise in these Terms and Conditions, Lane Crawford has no obligation to accept or promote any Event. Lane Crawford reserves the right to cancel, terminate, modify or suspend an Event and the right to modify any terms, conditions and rules in these Terms and Conditions including but not limited to altering or substituting the Program Prizes unilaterally without prior notice for any reasons at any time in it’s sole discretion.
In case of discrepancy between these Terms and Conditions and details of the Event or any Program published elsewhere, details published on http://www.lanecrawford.com.hk/events/creativecallout/ shall prevail.
Should any dispute arise, the decision of Lane Crawford shall be final.
A Participant may not assign or sub-contract its rights or delegate any of its obligations under these Terms and Conditions without prior written consent of Lane Crawford.
These Terms and Conditions contain a complete statement of all the arrangements between the Parties regarding its subject matter and supersede any previous arrangement whether oral or in writing. The failure of Lane Crawford to insist upon strict adherence to any of these terms shall not be construed as a waiver or deprive Lane Crawford of the right thereafter to insist upon strict adherence to any of these terms (including without limitation the right to seek liquidated damages or take legal action).
If any of these terms is invalid or unenforceable, the remaining terms shall remain in effect. The headings in these Terms and Conditions are solely for convenience of reference and shall not affect its interpretation. References to applicable laws and regulations include any amendments to those laws and regulations made from time to time. All notices, requests, demands and other communications which may be given or are required to be given under these Terms and Conditions shall be in writing.
This Agreement shall be governed the laws of and shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong SAR.