"Design Challenge" Design Competition

Terms and Conditions of participation / Official Rules

1. Subject matter of the Terms and Conditions of participation
1.1 The online “Design Challenge” design competition (hereinafter referred as "Competition") is being organized by NEW YORKER Marketing & Media International GmbH & Co. KG, Hansestraße 48, 38112 Braunschweig, Germany (hereinafter referred as "Promoter").
1.2 The Competition entrants shall be bound by the following terms and conditions of participation. Entry into the Competition constitutes acknowledgement and acceptance of these conditions. Entries not made in accordance with these conditions of entry will be disqualified.

2. Eligibility for entry
2.1 Eligible is any person who is fully competent at time of entry. Persons who are at least 16 years old or/and legally incompetent may participate only with the consent of the parent/legal guardian.
2.2 The Competition is open to legal representatives and employees of the Promoter or their immediate family members and any third parties associated with this Competition.
2.3 Only one entry per person is permitted. In the event of anyone entering more than once, only the first entry will be registered. Any further entries under the same surname, forename(s), date of birth and place of residence will be disregarded.
2.4 The Promoter reserves the right to verify the eligibility of each entrant. In particular the Promoter may ask the entrants to confirm their age and identity by presenting a valid passport/identity card.
2.5 Entry is free of charge. Neither the eligibility for entry nor having a chance of winning is dependent upon the purchase of any product.

3. Procedure and Prize
3.1 Participants enter the Competition by sending their self-designed artworks for a t-shirt or mask via e-mail to designchallenge@newyorker.de. The design must be provided in a common image format (jpg, png, bmp, pdf, gif, tiff, eps, psd, indd). The Promoter reserves the right to delete comments with insulting contents or those which offend against legal regulations and to disqualify any participants breaching these terms of participation from the Competition or providing false details at any time, without prior warning and without having to give any reasons. In the event of the participant being disqualified, prizes and benefits may also be retroactively disallowed and reclaimed. In those cases the participant cannot derive claims against the Promoter.
3.2 The competition begins on 06.04.2020. The closing date for entries is 03.05.2020 at midnight. The winners will be chosen by an expert jury among all entrants for the above mentioned prices. The winners will be awarded the following prizes:

• Price 1: The first winner will get a prize money of 1.000 EUR
• Price 2: Ten additional winners will get a gift voucher in the value of 100 EUR

3.3 The winners must provide their full name and delivery address within 24 hours after ending the notification of the prize. Formal acceptance of the prize can be made by sending a reply to the e-mail address designchallenge@newyorker.de. If the prize notification is undeliverable, the potential winner will lose all rights to the prize and another winner will be selected. A prize that is not confirmed will not be awarded. Then the prize will be awarded to the next winner. In the case of minors, the prize can only be awarded if the consent of the winner's legal representative has been declared to the promoter. In order to be able to compete for the prize, the winners undertake to submit the following information and documents: The name, address and date of birth of the entrant, and in the case of minors, the name and address of the parents and their written consent. In addition, a valid bank account of the first-placed winner must be provided in order to distribute the prize money. The claim to a prize also lapses if the prize cannot be received by the winner within one month of the winner's announcement, for reasons beyond the Organizer's control.
3.4 There shall be no cash alternative to the prize. The winner shall have no entitlement to have the prize paid out in material goods or to any swap of the prize for any substitute. The claim to a prize is non-transferable.
3.5 The Promoter reserves the right to alter, suspend and end the Competition at any time without notice and without indication of grounds if unforeseen circumstances arise. Such circumstances shall particularly include, but not be limited to, the occurrence of a virus in the computer system, manipulation of or malfunctions in the hardware and/or software, unauthorized intervention of third parties, legal reasons and mechanical or technical problems that are beyond the Promoter's control. Should such termination have been caused by the conduct of a participant, the Promoter has the right to claim compensation from such a person for the damages/losses it has incurred.
3.6 The Participant accepts these Terms and Conditions of participation by uploading the design artworks on the Microsite platform.

4. Copyrights
4.1 By submitting a design to the Promoter, the participant irrevocably transfers the right for unlimited use, exploitation and publication of the graphic material/design created by the participant. The Promoter or third parties, in particular companies of the NEW YORKER SE group, acting with the consent of NEW YORKER, may use the graphic material/design produced without any restrictions in terms of time, place and content, irrespective of the transmission, carrier and storage techniques on products of companies of the NEW YORKER SE group and for advertising purposes. The participant's consent is already given for any processing of the graphic material/design. The participant shall not receive any remuneration for the use, exploitation and publication of the graphic material/design created.
4.2 The participant confirms that he/she is entitled to unrestricted transfer of rights and in particular that no other rights to the works exist for third parties. If graphics and pictures are sent in for which this does not apply or is not certain, he/she shall inform NEW YORKER about this and about all known or recognizable legally relevant facts. If third parties assert justified claims against companies of the NEW YORKER SE group due to rights to the graphics/design, the participant shall indemnify them in full against any claims in this respect.

5. Liability
5.1 The Promoter shall be unrestricted liable to the participant under statutory regulations for damages resulting from harm to life, body and health caused by the Promoter's intentional and negligent, as well as for other damages which result from intentional or grossly negligent breaches of duty and fraudulent intent. Furthermore the Promoter shall be liable for damages according to liability contained in compulsory statutory provisions, such as the product liability law, as well as in the acceptance of guarantees. The Promoter accepts liability, limited to the value of foreseeable damages inherent in contracts, for such damages which are not contained within sentences 1 and 2 of number 4.1 and are caused by the culpable conduct of the legal representatives, executive employees or other persons providing assistance to the Promoter. Such breach of material contractual obligations shall be deemed to exist if the breach of obligations relates to an obligation of the performance of which the participant reasonably relied upon and was legally entitled to rely upon and that establishes a binding contractual relationship between the Promoter and the entrant. All further liability for damages, irrespective of the legal nature of the claim made, is excluded. The Promoter shall be in no circumstances liable for any indirect/or consequential loss or damage.
5.2 The Promoter shall assume no liability for any technical malfunctions, as for example the internet connection, lost or delayed email transmissions or typographical errors.
5.3 The participants shall ensure that they hold the necessary rights of use to the content and that the duplication, publication or processing thereof by the Promoter do not violate statutory regulations, the principles of morality and/or third party-rights. If the entrant provides incorrect assurance regarding copyright or usage rights to the detriment of the Promoter, the entrant will be liable to pay damages to the Promoter.
5.4 Should other persons have been involved in the creation of the image than the participating persons, uploading is only permitted if the consent of the third party/parties has been obtained beforehand and no personal rights of the third party/parties are violated.

6. Data Protection
6.1 The privacy policy can be found under the corresponding link (Protection des données) on the promoters website. The paragraph for the competitions can be found at No. 9 in the Privacy Policy.

7. Cookies
The internet pages of the Promoter use so-called cookies in several places, which will be saved by the browser.

8. Jurisdiction
8.1 Place of jurisdiction of all disputes arising from and in connection with the Competition will - to the extent that this is legally admissible- be the Promoter´s place of business. German law shall exclusively be applicable.
8.2 Should any of the provisions of these conditions be without effect or become null and void, or anything have been omitted from the present or any future version of these conditions, or should they be fully or partly without legal force or impossible to implement or subsequently lose their legal force or become impossible to implement, this shall not affect the validity of the other provisions. Instead of the ineffective provision a valid provision is deemed to have been agreed that most closely reflects the meaning and purpose of the ineffective provision. If anything has been omitted, a provision is deemed to have been agreed that in terms of the meaning and purpose of these entry conditions most closely reflects what would have been agreed if the point had been taken into consideration at the beginning.
8.3 Responsible for the contest is exclusively the promoter.