Terms and Conditions for Sponsoring
§ 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 comprise the basic rules for sponsoring the INHORGENTA AWARD (hereinafter referred to as "event"), in particular advertising as part of the AWARD and participation in the gala/prizegiving, the after-show party and fashion show. Upon booking a sponsor package, these rules become part of the contractual agreement and apply to all legal transactions and business-like acts between the investor (hereinafter referred to as "sponsor") and event organiser.
- The sponsor's 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 sponsor having specified a particular form for the objection.
- The event organiser offers various sponsor packages (currently diamond, platinum, gold and silver). The event organiser's offers with regard to the content of the respective sponsor package in brochures, advertisements, on the Internet etc. are always non-binding and not obligatory, including the prices. A binding legal contract for sponsoring comes into force only once the event organiser has provided express written confirmation of said contract.
§ 2 Services and prices
- The reciprocal services to be rendered are set out either in the sponsoring contract concluded by the parties or in the event organiser's offer.
- The event organiser shall provide the services described in the respective booked sponsor package. The sponsor shall pay the amount agreed for the package.
- The event organiser shall invoice the sponsor for this amount four weeks before the start of the INHORGENTA AWARD at the latest. The invoice is payable by the sponsor immediately upon receipt. Subject to the right to withdraw from the contact and all other legal rights, the event organiser is entitled to refuse to provide the services in return if the invoice amount has not been paid by the day of the prizegiving ceremony for the INHORGENTA AWARD at the latest.
- The sponsor is not permitted to cancel the sponsoring contract. However, the sponsor is entitled to renounce any additional services provided by the event organiser. Insofar as the sponsor exercises this right, this shall not affect the requirement to pay the full amount due.
§ 3 Involvement of the sponsor
- The sponsor shall provide the data (company logo etc.) required to enable the event organiser to provide the contractual services electronically and by the dates specified in the contract or offer. Data not supplied in time will only be taken into consideration by the event organiser if this is technically possible without any extra expenditure. Otherwise, the entitlement of the sponsor shall be forfeited without any reduction in payment or the sponsor being entitled to claim for damages.
- The sponsor shall expressly ensure that he or she is the owner of the copyright and usage rights for the data submitted in accordance with section 1 above and guarantees that all details regarding the submitted data are true. Furthermore, the sponsor shall ensure that all the data he or she submits does not violate any third party rights or contravene public morality.
- The sponsor shall immediately inform the event organiser if any third party asserts any rights to the submitted data, whether through an authorisation enquiry, notice of warning, legal action or anything comparable. The sponsor indemnifies 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 data. The sponsor 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 sponsor. In the event of claims asserted by third parties, the sponsor is also obligated to supply all information required for investigating the asserted claims and supplying the relevant legal defence immediately, completely and truthfully.
- The sponsor shall grant usage rights to the event organiser for all the data (photos, texts, illustrations etc.) that the event organiser requires in order to provide the contractually agreed services.
§ 4 Provision of sponsoring services
- The exact positioning of the logo and other data of the sponsor is the responsibility of the event organiser, provided no other express written agreement has been made between the parties. Any wishes on the part of the sponsor will be taken into consideration insofar as is possible; however, no legal claims exist in this respect.
- The allocation of tables and seats at the event is the responsibility of the event organiser provided no other express written agreement has been made between the parties. Specific seating wishes of the sponsor will be taken into consideration insofar as is possible; however, no legal claims exist in this regard. The tables and seats allocated by the event organiser in advance are non-binding. The event organiser reserves the express right to allocate different tables or seats to the sponsor. The sponsor has no claim to withdrawal, reduction or damages in this regard.
§ 5 Domiciliary rights
- The event organiser exerts domiciliary rights within the event area. He or she has the right to issue instructions.
- Food and drink may not be brought to the event.
- To preserve the rights of third parties, the production and publication of photo, film, television and sound recordings at the event is not permitted without express written approval of the event organiser. Without said approval, photos and film recordings are permitted for private use only with no intention to publish.
§ 6 Cancellation or postponement of the event
- The event organiser reserves the right to withdraw from the contract if the INHORGENTA AWARD is not realised, regardless of the reason. In this case, the sponsor will be refunded any monies already paid. Any further claims for damages on the part of the sponsor are excluded.
- In the event of force majeure or other compelling reasons for which the event organiser is not responsible, the event organiser also has the right to postpone, shorten, lengthen or to temporarily cancel the event, either fully or in part. In this case, the sponsor has no claim to withdrawal, reduction or damages.
§ 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 exhibited by the sponsor and therefore recommends the sponsor take out transportation and exhibition insurance to protect themselves against any damage, destruction or theft during transportation, storage and exhibition.
- 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 the sponsor 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 sponsor or for the realisation of the AWARDs. Any data supplied by the sponsor will be saved and used by the provider for the purpose specified at the time of recording.
- The sponsor 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 sponsor or for implementing the AWARDs.
- 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 sponsor has expressly agreed to the forwarding of their data.
- The sponsor 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. 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 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.
- If the sponsor 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 sponsor.
- 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