The 2016 GO BEYOND: SHIPPING CONTAINERS DESIGN CHALLENGE
TERMS & CONDITIONS
The 2016 GO BEYOND: SHIPPING CONTAINERS DESIGN CHALLENGE ("the Competition") is a design and innovation competition organised and administered by the ONG Foundation (201136545W) of 510 Thomson Road #11-00 SLF Building Singapore 298135 ("OF").
The terms and conditions provided herein form an agreement made between OF and each and every participant of the Competition, and set out the obligations of both parties and further govern matters relating to the Competition.
NOW IT IS HEREBY AGREED as follows:-
1. DEFINITIONS AND INTERPRETATION
1.1. In this T&Cs unless the context otherwise requires, the following words and expressions shall have the following meanings:
Applicable Laws shall mean any applicable law, statute, byelaw, regulation, order, regulatory policy, guidance, standard or industry code, rule of court or directives or requirements of any government or regulatory body, delegated or subordinate legislation or notice of any government or regulatory body and the common law and the law of equity as applicable to the Parties from time to time.
Challenge Brief shall mean the challenge brief provided in “Stage 1: Design” of the Competition.
Intellectual Property Rights shall mean all rights in, arising out of, or associated with intellectual property (or its equivalent) in any jurisdiction, including without limitation: patents, registered and unregistered designs, copyright, trademarks, personality rights, moral rights, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist now or will subsist in the future in any part of the world.
Materials shall mean the materials submitted by every Team for the Competition.
OF shall mean ONG Foundation (201136545W) of 510 Thomson Road #11-00 SLF Building Singapore 298135, and where the context so admits or requires, includes OF’s authorised representatives or agents or both as the case may be.
Participant (together “Participants”) shall mean the participant which is participating in the Competition after he has completed the registration procedure set out in clause 4, and further includes a person applying to enter the Competition.
Party (together “Parties”) shall mean either OF or Participant(s) and, where the context so admits or requires, includes OF’s authorised representatives or agents or both as the case may be.
Singapore shall mean the Republic of Singapore.
Team shall mean the team that is registered with OF in accordance with clause 4.
Team Leader shall mean the Participant which has been appointed as the leader of the Team.
T&Cs shall mean the terms and conditions provided herein that forms an agreement made between OF and each and every Participant.
1.2. In this T&Cs:
1.2.1. Where the context so admits or requires, words importing the singular will include the plural and vice versa, and words importing the masculine will import the feminine and the neutral.
1.2.2. Where a general statement is followed by the words “including” or “in particular” or, where is some other way, specific examples are given of matters included in the general statement, the words “including” or “in particular” or the specific examples shall not limit the scope of the ordinary meaning of the general statement.
1.2.3. All headings within the T&Cs are included for convenience only and do not form part of this T&Cs, and therefore shall not control or alter the meaning of this T&Cs as set forth in the text thereof, and do not in any way limit or amplify the terms of this T&Cs.
2. ADMINISTRATION OF THE COMPETITION
2.1. OF shall have the right to assign judges, agents, or other authorised administrators to administer the Competition.
2.2. By registering for the Competition, Participants are deemed to understand and agree in full to all terms, conditions, clauses and provisions provided in this T&Cs.
3.1. The Competition is only open to participants who are of ages 21 years and above as at the time of registration.
3.2. Employees of OF and immediate family members of the members of the judging panel are prohibited from entering the Competition.
4.1. Participants must register as a Team.
4.2. The Team shall consist of three (3) people comprising any of the following expertise:
4.2.1. an Architect;
4.2.2. a Structural Engineer; and
4.2.3. a Mechanical or Electrical Engineer.
Under this clause, an Architect or an Engineer must be registered with the relevant professional board and permitted to practise in the country or jurisdiction where the Architect or Engineer is located. OF reserves the right to require the Participant to produce proof of his said registration and practice.
4.3. Every Team shall have a Team Leader who will complete the registration and submission process in clauses 4 and 5 respectively.
4.4. Each Participant is required to provide his name and date of birth according to his passport or such other form of identification acceptable to OF. The failure of any Participant to comply will result in the immediate disqualification of his Team from the Competition.
4.5. Each Participant is required to authenticate and confirm the details of his registration provided in accordance with clause 4.4 through the individual email sent by OF to him.
4.6. Personal Data of Participants
4.6.1.For the Participant’s participation in the Competition and in all matters relating to the Competition, which includes but is not limited to publicity efforts and promotional activities regarding the Competition, OF will necessarily need to collect, use disclose and/or process every participant’s personal data or personal information about the participant.
4.6.2.Without prejudice to the paragraph above, every Participant’s personal data or information will be collected, used, disclosed and/or processed by OF for one or more of the following purposes:
126.96.36.199. processing enquiries regarding the Competition;
188.8.131.52. processing the registration/application for the Competition; and
184.108.40.206. Administering or carrying out the Competition and all related matters and activities which includes, but is not limited to, publicity efforts and promotional activities regarding the Competition.
(collectively, the “Purposes”)
4.6.3.Each and every Participant hereby acknowledges and agrees that his personal data or information will/may be collected, used, disclosed and/or processed by OF for one or more of the above Purposes.
4.6.4.In carrying out one or more of the above purposes, OF may need to disclose a Participant’s personal data or information to certain third parties, whether located within or outside Singapore, as such third parties would then be processing the Participant’s personal data or information. Every Participant hereby acknowledges and agrees that his/her personal data will/may be disclosed by OF to third parties (whether located within or outside Singapore) for one or more of the above Purposes.
4.6.5.If a Participant in the Competition does not wish for OF to use or disclose his personal data or information for any of the above Purposes, the Participant may, pursuant to the Personal Data Protection Act 2012 (No. 26 of 2012), withdraw his/her consent at any time by written notice to OF. However, depending on the extent of withdrawal, the withdrawal of consent may result in the Participant’s disqualification from the Competition at OF’s sole discretion.
4.6.6.To the extent that the Applicable Laws allow, each participant may request access to, and correction of, his personal data or information. Each Participant acknowledges that some personal data or information may be exempt from such access and correction rights in accordance with the Applicable Laws. OF is entitled to charge a reasonable fee for the handling and processing of a participant’s request(s) to access his personal data or information.
4.6.7.Each Participant agrees that where his written permission is required by law or otherwise for any usage or disclosure of his personal data or information by OF, the submission of completed form(s) on website(s) designated by OF shall constitute and be deemed to be sufficient written permission for such disclosure.
4.6.8.OF’s rights under this clause shall be in addition and without prejudice to OF’s other rights of disclosure available pursuant to any other statutory provision and in law and nothing herein is to be construed as limiting any of these other rights.
4.7. Each Participant can only belong to one Team. A Participant is not allowed to be in more than one Team. The onus is on the Team Leader to ensure that this clause is complied with. Any failure to comply with this clause will result in the immediate disqualification of the Teams the offending Participant is in from the Competition.
5.1. The Team will only be allowed to submit its entry after every member of the Team has authenticated and confirmed his details during the registration process in accordance with clause 4.5.
5.2. Materials submitted by the Team should not have any indication (which includes but is not limited to any logo, sign, mark or symbol) that may identify the Team of any of the Team’s members.
5.3. The purpose of clause 5.2 is to ensure the impartiality of the judging process. Without prejudice to clause 11.2, submissions bearing the indications referred to in clause 5.2 will therefore be automatically and immediately disqualified.
5.4. Any alteration to the Materials is not allowed after the Materials have been submitted.
5.5. All submissions must strictly adhere to this T&Cs and the Challenge Brief. Non-adherence to any of the terms, conditions, clauses and provisions provided in this T&Cs and the Challenge Brief will result in immediate disqualification from the Competition.
6. DECISION OF JUDGES
6.1. The decision of the judges is final, and is neither appealable nor subject to review.
6.2. Should the prize recipient be ineligible or is unable to receive the prize, the prize may be awarded to the next highest rated submission at the sole discretion of OF whose decision shall be final and is neither appealable nor subject to review.
7.1. Prizes awarded will be as advertised for the Competition.
7.2. OF reserves the right not to award any prize if the submissions do not attain the standards required by OF. This decision is at the sole discretion of OF, and is final and is neither appealable nor subject to review.
7.3. Where OF is prohibited by any government or regulatory body, whether in Singapore or elsewhere, from transferring the prize money to the winner’s country of residence in accordance with clause 7.4, OF shall have the right to award the prize to the next highest rated submission at the sole discretion of OF, whose decision shall be final, and is neither appealable nor subject to review.
7.4. Subject to clause 7.5, prizes shall only be disbursed to the respective Team Leader, and no part of the prize shall be disbursed directly by OF to any other members of the winning Team.
7.5. Prior to the disbursement of the prizes, Team Leader and the other members of the winning Team(s) will be required to produced, for verification by OF, documentary proof of his/her identity by submitting a copy of his passport and other documents as may be requested by OF. Disbursement of prizes will be made only after this verification is completed to the satisfaction of OF.
7.6. The Team Leader shall have the sole responsibility of sharing the prize with the other members of his Team. OF shall not be liable for any of the prize monies owed to any Participant(s) by his Team Leader.
8.1. Participants agree in to participate in publicity efforts and promotional activities regarding the Competition.
8.2. Subject to the provision of reasonable notice, Participants shall, upon OF’s request, agree to participate in interviews, either in person or otherwise.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. OF shall retain the Intellectual Property Rights in and arising out of the submissions made by each and every Team, regardless of the outcome of the respective submission.
9.2. Nothing in this T&Cs shall be construed as OF granting any Participant(s) any licence relating to any of OF’s Intellectual Property Rights. Such grants shall only be obtained through OF’s prior written consent.
9.3. Participants agree to provide OF a worldwide, non-exclusive, royalty-free, and perpetual license (with the right to grant sub-licenses) to use, copy, modify, translate, adapt, distribute, and/or publicly display, in whole or in part, their Team’s submission(s) for any purpose whatsoever, and in any media, whether or not currently invented.
9.4. By submitting an entry, Participants agree to grant OF a non-exclusive, worldwide, royalty-free, irrevocable, and perpetual license to display and archive the Participant’s entry on OF’s website, OF’s social media platforms (Facebook, Twitter, Instagram, and others) and in any other media.
9.5. Participants warrant that they have the necessary right(s) to grant the license referred to in clauses 9.3 and 9.4.
10.1. The Participant agrees to indemnify, defend and hold harmless OF from and against any loss, expense, liability, damage, and/or claim made or brought on as a result of the Participant’s submission or participation in the Competition.
10.2. The Participant acknowledges, agrees and covenants not to sue or make any claim against any party in relation to the Participant’s submission or involvement in the Competition in any way whatsoever, or any use thereof, and therefore:
10.2.1. Under no circumstances will a Participant be entitled to any award for any loss or any damages including, but not limited to, attorneys’ fees.
10.2.2. Any dispute or claim arising from or connected with the Competition or any prizes awarded or potentially awarded therein shall be resolved by mediation between the Parties. The Participant unequivocally agrees to waive all his rights to court litigation and arbitration to resolve the dispute or claim.
10.2.3. In the event that the Participant, in breach of clause 10.2.2, claim against OF, the Participant shall pay OF its legal costs (including attorney’s fees) on a full indemnity basis upon the dismissal of the claim.
10.3. OF shall not be liable in any manner for any claim made personally against any of its judges or selection panel.
11.1. All submissions received after the stipulated closing date and time will be automatically and immediately disqualified.
11.2. Submissions which do not meet or comply with the T&Cs, Challenge Brief, submission guidelines issued by OF, or found to contain materials identifying the Participant(s) or Team(s) in breach of clause 5.2, shall be automatically and immediately disqualified.
11.3. OF shall not be obliged to notify any Participant or Team of the disqualified entry or submission.
12.1. In the event that any term(s), condition(s), clause(s) and provision(s) provided in the T&Cs and the Challenge Brief is nullified or made void by any statute, regulation or order, or by the decision or order of any court having jurisdiction, the remaining terms, conditions, clauses and provisions shall remain in full force and effect.
12.2. For the avoidance of doubt, and without prejudice to clause 13.2, in the event that any term(s), condition(s), clause(s) or provision(s) provided in the T&Cs or the Challenge Brief is found to be invalid or unenforceable, OF shall have the right to amend such term(s), condition(s), clause(s) or provision(s) as it deems fit. The amended term(s), condition(s), clause(s) or provision(s) will be binding on Parties.
13. TERMINATION, POSTPONEMENT AND ALTERATION
13.1. OF shall have the right to terminate or postpone the Competition as it deems fit and shall not be held liable in any manner whatsoever for any clam or loss arising from the termination or postponement.
13.2. OF shall have the right to alter the rules of the Competition, and any of the term(s), condition(s), clause(s), and provision(s) provided in the T&Cs or the Challenge Brief at any stage as it deems fit.
14. FORCE MAJEURE
14.1. OF shall be under no liability for any failure to perform any of its obligation in relation to the Competition if and to the extent that the failure is caused by an act of God or governmental restriction outside the control of OF.
15. GOVERNING LAWS
15.1. The T&Cs are governed by the laws of Singapore.