TERMS AND CONDITIONS
1. DESCRIPTION OF THE CONTEST
PRADA is an internationally well-known fashion company which has been always interested in promoting cultural activities. PRADA, within its consolidated philosophy based on a careful development of the artistic “languages”, has devoted and continuously devotes resources in order to offer to young artists and emerging writters the opportunity to express their talent. With such aim, PRADA wishes to invite talented people to manifest their imagination and artistic skills through the following Contest.
At this purpose, PRADA has called a Contest aimed at creating awareness around the huge issue of tiger survival by collecting artworks from artists all over the world.
2. SPONSOR
PRADA S.p.A. (“PRADA”), an Italian Corporation having its principal place of business in Italy, via Antonio Fogazzaro 28, Milano, Tax Code and VAT Reg. No 10115350158, operating holding company of the PRADA Group and operator of this website https://www.prada.com/en/cny.html (hereinafter the “Website”).
By entering in this Website, the Contender represents that he/she has read and understood the Terms and Conditions. The Contender unconditionally consents to the following Terms and Conditions, which can be modified by PRADA in its sole discretion, at any time and without notice. If the Contender does not agree with the present Terms and Conditions, he/she is requested not to use or download materials from this Website.
3. 1. BINDING AGREEMENT
In order to enter the Contest, the Contender (hereinafter “You”) must agree to these Terms and Conditions (“Terms and Conditions”). You agree that submission of an entry in the Contest constitutes agreement to these Terms and Conditions. These Terms and Conditions form a binding legal agreement between You and PRADA with respect to the Contest. You acknowledge that no compensation or whatsoever reimbursement is due by PRADA to You for the participation to this Contest and that You will bear any possible cost for the production of your Acronym.
4. CONTEST PERIOD
The Contest begins at 10.30 A.M. C.E.T on January, 4th, 2022, and ends at 12 P.M. C.E.T. on March 31th, 2022 (“Contest Period”). You are responsible for determining the corresponding time zone in your respective locations.
The Applications received beyond the provided timeframe will not be considered.
5. SUBMISSION – ELEGIBILITY TO ENTER
You must be at least 18 years old in order to enter the Contest and you must useyour legal name. Hence, PRADA reserves the right to disqualify You if You enter the Contest using a false name or if You are under 18. By entering the Contest, You hereby warrant that all information submitted by You is true, current and complete.
The Contender must keep his/her email address both active and current. The participation in the Contest is free of charge.
6. HOW TO ENTER
Within 10.30 A.M. C.E.T. on January 4th, 2022 , You shall have the opportunity to submit to PRADA your original Artwork, by submitting itthrough a dedicated submission page in PradaWebsite in accordance with the procedure explained herebelow. Should You experiment any problems in uploading, You are welcome to contact client.service@prada.com.
All applications must comply with the provisions of section 7 (Guidelines on the content of the Application). Submitted Acronyms will not be returned.
ALL INFORMATION RELATED TO THE CONTEST WILL BE NOTIFIED BY EMAIL ONLY. MAKE SURE YOUR EMAIL FILTERS DO NOT PREVENT US FROM CONTACTING YOU.
7. GUIDELINES ON THE CONTENT OF THE APPLICATION
The Artwork must be original solely to You and must comply with the following content guidelines. Especially, the submitted Acronym must not:
- be sexually explicit or suggestive, or derogatory of any ethnic, racial, gender, religious, professional or age group or the disabled, be profane or pornographic;
- promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous;
- contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- infringe any rights, including copyright, of any third party;
- contain materials embodying the names, or other indicia identifying any person, living or dead, without permission.
8. SELECTION
Each entry will be judged by PRADA at its sole discretion. The decision of PRADA in this matter is final and binding. After the end of the Contest period and in any case within 12 P.M. C.E.T. on March 31th, 2022, PRADA will select a certain number of Winners .
9. PRIZE
The Contest’s Prize and the opportunities that the Contest gives to the Winners must be considered as an acknowledgment of personal skills and merits. Such opportunity is granted in order to promote culture.
PRADA undertakes to select the Artwork used for special projects to be define by PRADA.
By accepting the Contest, the Winners authorize PRADA to use the Contender’s name for advertising and promotional purposes without additional compensation whatsoever.
10. REPRESENTATIONS AND WARRANTY-INDEMNITY
(a) The Contender warrants that the Artwork submitted in the present Website is original and that he/she has the right to submit the Artwork in the Contest and grant herein to PRADA all required licenses.
(b) The Contender acknowledges that the interests and good reputation of PRADA and their owners and investors are paramount and PRADA may, at its absolute discretion, withdraw a place or require the Contender to cease to have any involvement in the Contest if it believes it is in the best interests of PRADA. PRADA’s decision, made in the respect of the criteria provided for herein, in this respect shall be binding and final.
(c) To the maximum extent permitted by law, each Contender indemnifies and agrees to keep indemnified and hold harmless PRADA, the PRADA Group, their affiliates and their respective directors, officers, employees at all times from and against any liability, claims, demands, losses, damages, costs and expenses (including reasonable attorneys fees) resulting from any act, default or omission of the Contender and/or any misrepresentation made by the Contender in connection with the Contest, any non-compliance by the Contender with these official Terms and Conditions.
(d) The Winners of the present Contest warrant that: (i) they grant exclusively to PRADA any and all right to use, reproduce, publish, edit, distribute and divulge the selected Artwork in special projects, at PRADA’s discretion in perpetuity and at a worldwide level for any uses either commercial or promotional and in any print and/or digital and/or multimedia materials and media, including Internet, now known or hereafter invented; (ii) each Winner will not be entitled to use in full or in part the Artwork for whatsoever purposes, nor to authorize or let any third party use the Artwork in full or in part for whatsoever purposes.
The specific violation of the above undertakings and declarations will entitle PRADA to recover all the possible damages suffered as a consequence of such violation.
11. CONFIDENTIALITY
(a) You undertake not to disclose, reveal, communicate or otherwise make public any information relating to PRADA, its business, personnel, agents or representatives, to any third party at any time.
(b) You may not publicize in any manner and in any media, including Internet and any social networks, your involvement in the Contest or the fact that you have been selected as a Winner without the prior written permission of PRADA, until the announcement of the Winners of the Contest.
(c) The Contender shall not be entitled to give interviews or be involved in articles or reports in respect of the Contest with any third party without prior written consent of PRADA. All rights in relation to the Contest and the Contender’s involvement therein shall remain exclusively with PRADA.
(d) By entering the Contest, the Contender releases and discharges PRADA and any other party associated with the development or administration of this Contest, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, "Released Entities"), from any and all liability whatsoever in connection with this Contest, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction of the property, rights of publicity or privacy, defamation, or portrayal in a false light (collectively, "Claims").
12. NOT AN OFFER OR CONTRACT OF EMPLOYMENT
Under no circumstances shall the submission of a Artwork into the Contest, the awarding of a Prize, or anything in these Terms and Conditions shall be construed as an offer or contract of employment with PRADA. You acknowledge that you have submitted your Artwork voluntarily. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and PRADA and that no such relationship is established by your submission of an entry under these Terms and Conditions.
13. PRIVACY
The Contender represents that he/she has read and understood the privacy policy (the “Contest Privacy Policy”) and to have been properly informed with regard to the purposes and methods of use and retention of his/her personal data provided to PRADA within the Contest, as well as with regards to his/her rights set forth under the European Regulation 2016/679 on personal data protection.
14. DISCLAIMER
The Website is provided to you strictly on an “as is” basis, without warranties of any kind, either express or implies statutory or otherwise. No written information given by PRADA shall create any warranty.
IN NO EVENT, SHALL PRADA, OR ANY OF ITS AFFILIATES, AND ITS AND THEIRS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS OR SUCCESSORS OR ASSIGNS OF EACH BE LIABLE HEREUNDER, UNDER ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, DATA OR PROGRAMMING, (WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE (EVEN IF THE COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF (A) YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE WEBSITE, (B) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE WEBSITE, (C) YOUR INABILITY TO USE THE WEBSITE FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THOUGH THE WEBSITE, (D) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY INFORMATION, (E) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE, (F) UNAUTHORIZED ACCESS TO THE WEBSITE AND UNAUTHORIZED ALTERATION TO TRANSMISSIONS OR DATA, (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR (H) ANY OTHER MATTER RELATING TO THE WEB SITE.
Any reference to any service which has been or may be provided by PRADA or any other company does not amount to a promise that such service will be available at any time. Changes to or improvements in such services may be made at any time without notice.
PRADA take all possible steps to ensure the accuracy and timeliness of the information included on this Website but cannot absolutely guarantee the accuracy, completeness or timeliness of the information provided on this Website.
However, PRADA reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Website (or any part thereof) with or without notice. The Contender agrees that PRADA shall not be liable to the Contender or any third party for any modification, suspension or discontinuance of the Website.
15. SEVERABILITY
If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. The Contender and PRADA are deemed to have agreed to new terms in substitution for such invalid provisions. These new terms shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from it.
The Contender declares to be aware that the original version of these Terms and Conditions is in English. In case of any discrepancy between the English original text of these Terms and Conditions and the other languages translations, the English original text shall be deemed the binding version.
16. APPLICABLE LAW AND JURISDICTION
By using this Website, You agree and accept the Italian law. The Terms and Conditions herein shall be governed by and construed in accordance with the Italian laws and any action arising out or relating to these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of Milan, Italy.
17. SPECIFIC ACCEPTANCE
Pursuant to sections 1341 and 1342 of the Italian Civil Code, the Contender hereby expressively and specifically accepts the following section: 10. Representation and warranties-Indemnity; 11. Confidentiality; 19. Applicable Law and Jurisdiction.