DFA Hong Kong Young Design Talent Award 2024 (DFA HKYDTA 2024) Terms, Clauses and Conditions of Application

Please read the below Terms and Conditions of DFA Hong Kong Young Design Talent Award 2024 carefully.

1. The Applicant hereby grants, on a gratuitous basis free of any fee, royalty or remuneration, to Hong Kong Design Centre ("HKDC"), the organiser of the DFA Hong Kong Young Design Talent Award 2024 (the "Award"), the right or license to use, edit, amend, copy, reproduce or publish in any size the design (which includes but is not limited to drawings, artworks, photographs, images, sketches, transparencies, sculptures, models, prototypes, and printed or digital materials) submitted for the Award (collectively the "Design") or any part thereof in the promotional/exhibition materials or any publications in any media or medium related to the Award in consideration of HKDC accepting the Applicant's submission of the Design as an application for the Award.

2. The Applicant hereby acknowledges and warrants that the Applicant is the sole owner or has been authorized by the owner(s) of all rights including but not limited to copyright, design rights and all other proprietary and intellectual property rights in or pertaining to the Design.

3. The Applicant agrees that if his/her Design has previously been publicised, received another award or been evaluated in connection with another design competition, he/ she should properly inform the HKDC at the time of submission, or at the earliest possible moment, and should provide all relevant supporting materials to HKDC and the selection panel for consideration.

4. The Applicant hereby represents and warrants that the Design is original and independently created and does not infringe, breach, prejudice or violate the property, interests or rights (including but not limited to contractual rights, user rights, copyright, design rights, patents and all other proprietary and intellectual property rights whether registered or otherwise) of any third party. The Applicant agrees to fully indemnify HKDC against all actions, claims, loss, damages, costs and expenses which it may incur or has incurred as a result of any breach of this representation or warranty. Should it prove in retrospect that a submitted or even awarded Design breaches third-party rights, HKDC reserves the right to revoke the relevant awards. The above liability provisions apply accordingly to all items supplied by HKDC in connection with the Applicant's participation in the Award.

5. HKDC reserves the right to cancel, in part or in whole, postpone or bring forward the Award for any reason and is not obliged to reimburse the Applicant for any expenses related to such cancellation.

6. The Applicant will be required to conduct a presentation to the judging panel in person and may bring in the design relating to the Award, if applicable. The Applicant agrees that HKDC shall not be responsible for the transportation or return of any Design to the Applicant and HKDC shall not be liable for any loss or damage of the Design during the passing or transporting of the same to and from the premises arranged by HKDC for the presentation.

7. The Applicant shall be responsible for all costs (including but not limited to all packaging costs, transport costs, documentation, postal charges, courier charges, insurance costs, governmental/jurisdictional approvals and licenses and any other costs necessary or likely) in all the following:

• The passing and transporting of the Applicant's Design into the possession of HKDC.
• The return of the Applicant's Design upon the Applicant's request.

8. While reasonable care will be taken when handling the Design in the premises arranged by HKDC, HKDC shall not, in the absence of negligence on the part of HKDC, be liable for any loss or damage of the Design. For the avoidance of doubt, it is agreed that superficial rust, oxidation, discoloration, or any like condition due to moisture is not a condition of damage but is inherent to the nature of the Design and HKDC shall not be responsible for such condition.

9. The Applicant agrees that the decisions of the judging panel will be final. No appeal will be entertained.

10. The organiser shall be under no obligation to disclose the judging score and judges' comments to any applicants and reserves the right not to provide any reasons for not selecting the applicants.

11. The Awardees of the Award agree that his/her winning design will be displayed in such exhibitions at the decision of HKDC for a period of a minimum of one year subsequent to the competition and agrees to provide information as requested by HKDC about the winning design for future activities, including but not exclusive to reports, publicity, marketing and exhibitions.

12. In order to be granted the Award, the Awardees shall execute an Acceptance and Undertaking in a form as stipulated by HKDC.  If the Awardees shall be in breach of or fail to comply with any provisions stated under the Acceptance and Undertaking, HKDC and/or sponsor shall have the right to rescind the Award.

13. The Awardees of the Award agree to cooperate with HKDC to promote the Award and involve in relevant promotional activities in the future upon request.

14. These terms and conditions shall be governed by the laws of the Hong Kong Special Administrative Region. Any claim or dispute must be determined exclusively by the courts in the Hong Kong Special Administrative Region.

15. Applicants shall fully understand the terms and conditions of the award. Upon submission of the application, applicants shall be deemed to have accepted and be bound by the terms and conditions set out in this application.

16. The Organiser reserves the right to interpret and amend the terms and conditions, and reserves the right of the final decision.

17. These terms and conditions are prepared in both English and Chinese languages. If there is any inconsistency between the English version and the Chinese version, the English version shall prevail.

All personal information submitted will solely be used for the DFA Hong Kong Young Design Talent Award purposes. In accordance with Sections 18 and 22 and Principle 6 of Schedule 1 of the Personal Data (Privacy) Ordinance, the applicants have the rights regarding access to and correction of personal data provided for nomination.

Applicants are reminded that it is an offence under the Prevention of Bribery Ordinance to offer any advantages (e.g. money, gift, etc.) to the organiser, an employee of the organiser, co-organisers or the Judging Panel as an inducement to or reward for giving favourable considerations to applicants.