General Terms and Conditions and Conditions of Participation
§ 1 General
- The competition "INHORGENTA AWARD" is organised by Messe München GmbH, Messegelände, 81823 Munich (hereinafter referred to as "event organiser").
- The following general terms and conditions and conditions of participation comprise the basic rules for taking part in the "INHORGENTA AWARD", as well as the submission and use of the platform by participants in the award ("participants"), and apply to all legal transactions and business-like acts between the participants and event organiser.
- Participants' general terms and conditions shall not apply to the direct business relationship with the event organiser even if the event organiser does not expressly object to them and/or provides his or her services without objection. This also applies in the case of the participant having specified a particular form for the objection.
- With his or her online registration, the participant agrees to meet the prerequisites for participation, conditions of participation and performance descriptions for the "INHORGENTA AWARD".
- By completing and submitting the online form, the participant submits a binding offer. The acceptance of this offer by the event organiser is conveyed by the sending of a booking confirmation/order confirmation via e-mail to the e-mail address given by the participant as their contact address when registering. There exists no right to acceptance. Legal recourse is excluded.
- With the conclusion of the contract, the participant agrees to be published along with his or her submitted products on the internet portal of the event organiser (www.inhorgenta-award.com) as part of a free presentation for this year's competition. The presentation will end after a period of 12 months at the latest.
§ 2 Conditions of participation
- The competition will honour the following categories:
- Fine Jewelry – Brand of the Year (pieces of jewellery worth up to EUR 1000)
- Fashion Jewelry – Brand of the Year (pieces of jewellery worth more than EUR 1000)
- Designer of the Year (pieces of jewellery with a clearly visible element of handcrafted work)
- Watch Design of the Year (watches that are innovative in terms of their design)
- Best Piece of Jewelry (any piece of jewellery regardless of value)
- Retailer of the Year (best jeweller of the year)
- Eligible to take part are companies and entrepreneurs as well as independent designers – but no consumers. Only real products and companies will be judged. Participants may register as many products and companies as they like.
- Each participant is entitled to register a product in several different categories. However, registering a product in another category will result in it being treated as an independent submission and it must thus be registered and delivered to the competition as a separate entity. Furthermore, all the conditions mentioned in the general terms and conditions apply.
- Registration for the competition shall take place exclusively via the "INHORGENTA AWARD" website (www.inhorgenta-award.com). If this presents difficulties for an interested party in terms of participation, another procedure that deviates from this rule can be agreed with the event organiser. Any image and text material submitted by the participants will not be returned.
- The event organiser shall provide an online form for the purposes of registration. Participation in the competition is carried out via transmission of the data required in the online registration process. Participants shall submit all required data (e-mail address, company name, first name, surname, street/no., post code, town, telephone number) and the required image and text materials to the event organiser via the online participation form.
- Registrations and application forms must be completed in German or English and contain the image and text materials (in the specified file format) required for the respective category. Only completed applications that comply with all deadlines and formal requirements will be permitted to take part in the competition. The rules and deadlines listed on the website of the INHORGENTA Awards apply, i.e. for the "INHORGENTA AWARD" 2017, the deadline is 15/01/17 at 23.59.
- A further prerequisite for participation in the competition is the timely payment of the registration fee. The registration fee amount is determined by the price list valid at the time of registration. This can be found at www.inhorgenta-award.com and should be consulted before completing the registration process.
- Following registration, participants will receive a message regarding their successful registration for the competition as well as the saving of their data in accordance with the purpose specified in these general terms and conditions. Messages will be sent to the e-mail address specified at the time of submission.
- By registering online, participants state that they agree with the general terms and conditions specified here and also to the evaluation of their submission by a jury as part of the competition.
- Participation in the competition as well as any chance of winning are in no way dependent upon the acquisition of goods or taking advantage of paid or unpaid services provided by the event organiser. The event organiser has the right to exclude participants from taking part without having to give a reason.
- All the personal data recorded and saved as part of the realisation of the award will be treated confidentially in accordance with legally applicable regulations as well as in accordance with data protection rules.
§ 3 Participation fees
- Fees shall be levied on participants for taking part in the "INHORGENTA AWARD". By submitting an application, participants agree to pay these fees.
- The fee amounts can be accessed online at www.inhorgenta-award.com. The fees specified in the price list are binding. The fee amounts vary according to whether or not the payee is an exhibitor at INHORGENTA MUNICH.
- Fees are due immediately upon receipt of the invoice. Invoicing shall be in the form of an invoice sent via e-mail to the e-mail address specified during registration by the participant. Invoices shall only be sent by post upon the express wish of the participant. A participant will enter into arrears if he or she does not pay the amounts due by ten days following receipt of an invoice or equivalent demand for payment at the latest.
- The participant shall only be entitled to offset on the basis of claims which are uncontested or have been determined with legal finality and may only exercise a right of retention in respect of such claims.
§ 4 Selection procedure, shortlist, jury
- Following the registration deadline, the event organiser will check all submissions to ensure that they meet the prerequisites for participation, payment of fees and completeness. Submissions that do not meet conditions of participation, for which fees have not been paid or which are not complete will be excluded from the competition without possibility of recourse to legal action and without any reasons being given. There exists no right to the refund of any submission fees already paid.
- In the categories Fine Jewelry, Fashion Jewelry, Watch Design of the Year and Designer of the Year, the event organiser will carry out a pre-selection process and draw up a shortlist at its own discretion. The event organiser will then request participants who have made it onto the shortlist to supply the original of the respective product. Participants will then be obligated to send the respective original product to the event organiser by the deadline specified by the event organiser in order for it to be judged by the jury. Products that are not submitted in time will be removed from the competition. The submitted original products on the shortlist will then be evaluated by the jury and the winners of the respective category announced.
- In the category Retailer of the Year, the event organiser will also carry out a pre-selection process and draw up a shortlist at its own discretion. Participants on the shortlist will then be evaluated by the jury and the winner of the respective category announced.
- The event organiser will also carry out a pre-selection process and draw up a shortlist at its own discretion for the category Best Piece of Jewelry. The shortlist will be published by the event organiser on the website www.inhorgenta-award.com by 15/01/17 at the latest. The winner of this category will then be determined by public vote and announced on the website www.inhorgenta-award.com by 15/02/17 at the latest. The event organiser reserves the right to end the public vote before 15/02/17.
- The jury will be named by the event organiser. Jury members are listed on the INHORGENTA Awards website at (www.inhorgenta-award.com). A winner will be determined in each category. Until the winners have been announced, the results of the judgements made on all contributions shall be kept strictly confidential. Winners will be notified by e-mail.
- The winners agree that their submission, name and, if applicable, company name, logo etc. can be published in the newsletter, on the website and on the social media channels of the event organiser as well as on all its media partners' channels and any other media involved.
- The celebration of the winners and prizegiving ceremony for the INHORGENTA AWARD will take place as part of an event. The time and location will be specified by the event organiser and communicated to participants.
- Winners may only communicate the fact that they have won to third parties once it has been publicly announced by the event organiser. The event organiser will notify the prizewinner of the time of this announcement separately. The participant/prizewinner is not permitted to publish the notification of results.
- In winning the prize, the prizewinner acquires the free, temporally unlimited right to communicate receipt of the award (Winner of the INHORGENTA AWARD in relation to the respective category).
§ 5 Transport, storage
- The submitted products shall be transported at the risk and cost of the participant. It is recommended that participants take out transportation insurance for the products. For products worth more than 3000 euros, transportation insurance is mandatory and shall be taken out by the participant at their own cost.
- The submitted products will be prepared for collection following the end of the competition. The time and details of collection will be communicated in good time. If the products have not been collected within three months following the request, they will be disposed of at the participant's cost or sold privately.
§ 6 Property rights
- By registering for the INHORGENTA AWARD, the participant shall expressly ensure that he or she is the owner of the copyright or usage rights for the texts, concepts, ideas and photographs and guarantees that all details regarding the submitted data are true. Furthermore, the participant shall ensure that all the data he or she submits does not violate any third party rights or contravene public morality.
- When registering and throughout the competition following registration, each participant shall immediately inform the event organiser if any third party asserts any rights to the submitted documents or products, whether through an authorisation enquiry, notice of warning, legal action or anything comparable. All participants shall indemnify the event organiser from any third party claims that are lodged against the event organiser in the case of alleged or actual rights infringements with regard to the submitted documents or products. The participant shall also cover the costs of the necessary legal defence of the event organiser including all court and lawyer fees at the statutory rate. This shall only not apply if the violation of rights is not attributable to the participant. In the event of claims asserted by third parties, the participant is also obligated to supply all information required for investigating the asserted claims and supplying the relevant legal defence immediately, completely and truthfully.
- The participant shall grant the organiser the free, non-exclusive and unrestricted usage rights with regard to location, time and content to all contributions (text, photos, illustrations etc.) in respect of all copyrights and ancillary copyrights without placing the event organiser under any obligation to name the owner of the contributions. The usage rights apply to all types of usage and not just in the context of the INHORGENTA AWARD, but also within the context of any additional PR purposes organised by the event organiser.
- The event organiser reserves the right to forward the contributions supplied if requested by the press or other comparable bodies for the purpose of creating reports about the INHORGENTA AWARD. If the participant expressly does not wish the image and text material to be published or forwarded to the press, he or she must convey this in writing to the event organiser upon completion of registration.
§ 7 Liability of the event organiser
- The liability of the event organiser, its bodies, representatives or agents for compensation is excluded. This does not apply in cases of intent, gross negligence or injury to life, body or health or due to the culpable violation of essential contractual obligations. In the case of a slightly negligent breach of essential contractual obligations, the liability of the event organiser, its bodies, representatives or agents is limited to typical and foreseeable damages.
- The event organiser accepts no liability for the care of any products submitted by the participant and therefore recommends the participant take out transportation and exhibition insurance to protect themselves against any damage, destruction or theft during transportation, storage and exhibition. The event organiser is not obligated to reuse the packaging the products were delivered in. Products submitted for judging are subject to normal wear and tear and signs of use due to being touched or used by the jurors. The event organiser accepts no liability for damages in this respect.
- All claims against the event organiser should be made in writing and are subject to a statute of limitations of one year. This does not apply in cases of gross negligence or intent or injury to life, body or health or due to the acceptance of any guarantee or the culpable violation of essential contractual obligations (so-called cardinal obligations). In this case, the legal statutes of limitations apply.
§ 8 Data protection
- The event organiser agrees to handle any data provided by participants with the greatest care and a sense of responsibility at all times. This also applies in particular to collaboration with partners and third parties. The event organiser accepts no liability for third parties where this is not stated separately. The event organiser will record, save and process personal data only in accordance with the legally applicable regulations and only insofar as it is necessary and required for the fulfilment of the contractual relationship between the event organiser and the participant or for the realisation of the Awards. Any data supplied by the participant will be saved and used by the provider for the purpose specified at the time of recording as well as for the purpose of participating in the competition.
- The participant agrees for their data to be forwarded to third parties insofar as this should be necessary and required for the fulfilment of contractual relationships between the event organiser and participant or for implementing the Award.
- Any further usage, in particular the forwarding or selling of data by the event organiser to third parties, is excluded unless it occurs within the aforementioned framework or the participant has expressly agreed to the forwarding of their data.
- Participants can revoke their agreement for their data to be saved and used at any time without having to give a reason. In this case, or if you have any questions, comments or wishes, please contact Kevin Wünsch (Kevin.Wuensch@messe-muenchen.de). This may mean that the event organiser is no longer able to fulfil its contractual obligations and the participant can no longer take part in the competition. In this case, all liability on the part of the event organiser and the raising of claims for damages is excluded.
§ 9 Final provisions
- There exists no right to the continuous availability of the Award website. The event organiser has the right to end the competition at any time without giving a reason.
- The event organiser is not liable for the incorrect, incomplete or unsuccessful recording, storage and processing of participant data as part of the competition as well as the submitted contributions for reasons that are not within the control of the event organiser. Furthermore, the event organiser is not liable in the event of the theft or destruction of any recorded data.
- The place of fulfilment is Munich. The law of the Federal Republic of Germany shall apply to the exclusion of the provisions of international private law.
- Ancillary agreements have not been made and require the written form in order to be valid. Legal recourse is excluded.
- If the participant is a merchant, legal entity of public law or a special fund under public law or has no registered offices in Germany, the place of jurisdiction for all disputes arising from the contract is the headquarters of the event organiser. The event organiser may also bring action before the court that has jurisdiction at the registered office of the participant.
- Should any individual sections of these conditions become completely or partially ineffective, the validity of the rest of the contract shall not be affected. In this case, the invalid condition shall be replaced by another provision that is effective or feasible and which comes as close as possible to the purpose of the invalid economic condition. The same shall apply in the event of an omission.
Munich, 1 November 2016