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Terms & Conditions

SUBJECT and DEFINITIONS

1. This regulation (“Regulation”) contains the terms and conditions governing participation in the initiative promoted by DesignWanted S.r.l., with registered office in Milan, Via Aurelio Saffi, 29 – 20123, VAT No. 10565330965 (“DesignWanted”), for the organization of the “Ideas for Business” calls (“Award”), organized by DesignWanted. The initiative involves designers and assigns to those identified through the selection / jury process (“Winners”) the opportunity to receive a prize–it could be a cash prize or benefits granted by DesignWanted and our partners–which constitutes personal recognition for the creation of a project, as better described below (“Project”) within the scope of the Award.

2. The participant (“Designer“) who intends to take part in the Call must follow the instructions provided on the website ideasforbusiness.designwanted.com (“Website“), in the specific section of the Call, and accept the Regulation.

3. By proceeding with uploading the Project on the Website, the Designer declares to have read and accepted the Regulation, thereby waiving any claim against DesignWanted, including claims for reimbursement or compensation. If the Designer does not intend to accept even one of the terms and conditions of the Regulation, they are advised not to upload the Project on the Website and, therefore, not to participate in the Call.

4. By uploading the Project on the Website, the Designer authorizes DesignWanted and its Partners to use their name and/or image and the Project exclusively for the purposes of the Call and the Initiative, as further detailed below. 

CALL – HOW IT WORKS

5. To participate in the Call, the Designer must upload the materials of their Project on the Website, in accordance with the instructions provided by DesignWanted and indicated on the dedicated page of the Call. The Designer acknowledges and accepts that their Project will not be considered for the purposes of the Call if i) it is uploaded in a format and/or contains information/presentations different from the instructions provided by DesignWanted and indicated on the Website and/or ii) it is submitted late compared to the deadlines indicated by DesignWanted on the Website; in such cases, the Designer hereby waives any claim in this regard against DesignWanted, including any claim for reimbursement or compensation.

6. Without prejudice to what is provided below, it is also understood between DesignWanted and the Designer that no compensation and/or recognition of any kind is foreseen for the Designer in exchange for uploading the Project on the Website and participating in the Call. The Designer hereby waives any claim in this regard against DesignWanted, its employees and/or collaborators, its suppliers and/or business partners, including claims for compensation, reimbursement, or damages.

7. As part of the Initiative, DesignWanted will identify and appoint, at its discretion, a Jury composed of professionals competent in the field of design, which will analyze the Projects selected by the DesignWanted team (‘Shortlisted‘) in response to the entries received participating in the Call, and (the Jury) will identify 3 (three) Designers (‘Finalists’) whose Project is deemed consistent with the purpose of the Call. The 3 (three) Designers selected by the Jury will be awarded the prize established in the description of the specific Call, as presented in the section of the website related to the Call in which the Designer has enrolled. The Designer hereby waives any claim in this regard against DesignWanted, including claims for compensation, reimbursement, or damages, that is not consistent with the announced Prize.

8. Based on the above, DesignWanted reserves the right, at its sole discretion, to designate one or more Absolute Winners among the Finalists and to grant them a cash prize for the creative work they produced, which constitutes – in particular – both a remuneration for the work performed and a recognition for DesignWanted (and/or its partner companies)’s acquisition of the rights to the Project, as better described in each Call’s page. Alternatively, as specified on each Call’s dedicated page on the Website, DesignWanted may choose to name one or more Designers (among the Finalists) and award them a non-monetary prize as a mark of personal merit for their creative contributions. Such a prize may include, but is not limited to, complimentary access to paid licenses relevant to the Designer’s work for a defined period, and/or promotional visibility on DesignWanted’s channels and/or magazine.

Notwithstanding the above, where Calls are launched jointly with partner companies, the Company will appoint, at its sole discretion, the Absolute Winner among the Finalists. The Company and the Absolute Winner must sign a specific and separate written agreement to regulate the execution of the activities and the related phases subject to the Initiative. Prior to receiving the Award payment, the author(s) of the selected Project(s) agree to enter into a Private Agreement with the Call’s Sponsor (Company), thereby permanently transferring the economic exploitation rights associated with their Projects. Furthermore, the author(s) of the winning Project(s) (Absolute Winner) commit to cooperating with DesignWanted and the Company, upon the Sponsor’s request, for any further development of the Project(s), including at least two rounds of revisions. The selected author(s) also agree to provide all relevant development materials, such as blueprints, technical drawings, CAD files, and other related documentation.

9. It is understood between the Parties that DesignWanted may create content, including for commercial purposes, related to the Call and/or the Initiative (‘Content’) which, at the sole discretion of DesignWanted, may also include, by way of example, the name and/or image of the Designers participating in the Call and/or the Absolute Winner. In this regard, the Designer grants DesignWanted a license to use their name and/or image for the creation and distribution of the Content, waiving any claim in this regard against DesignWanted, including any claim for compensation, reimbursement, or damages. 

INTELLECTUAL PROPERTY RIGHTS

10. DesignWanted and the Designer acknowledge and accept that any and all pre-existing intellectual property rights related to the Call, such as, by way of example, trademarks, logos, designs, layouts, domains, technical and commercial know-how, copyrights, and related rights regarding their exercise, related to the DesignWanted Website, the Designer’s Project, as well as any additional material related to each party (‘Rights’), are and remain with the party that owns them. DesignWanted and the Designer commit to using the Rights exclusively as strictly necessary for the purposes provided for by the Regulations.

11. The Designer is and shall remain the sole and exclusive owner of all Rights to the Project, unless and until they are named an Absolute Winner. Accordingly, DesignWanted i) acknowledges and agrees that the mere submission of the Project to the Website and participation in the Call, as well as the execution of the Initiative, do not grant DesignWanted any Rights to the Project, and ii) undertakes not to file any trademark, design, and/or patent applications relating to the Rights to the Project. In this regard, until the Designer is officially named an Absolute Winner, with the corresponding transfer of Rights to the Project, the Designer grants DesignWanted the right to use the Rights to the Project solely under the terms, conditions, and purposes of the Call. This includes the right to use and present the Project to the scientific jury members so they may evaluate the Project and compare it with those of other Designers in order to select i) the Designers nominated by the scientific Jury and ii) the Absolute Winner.

12. Accordingly, it is expressly agreed between the Parties that, upon the Designer being named an Absolute Winner and receiving the cash prize, all Rights to the Project shall be exclusively transferred to DesignWanted—or to the Call’s partner company—without any geographic or time limitations. As such, both Parties acknowledge that the cash prize constitutes full and final compensation for the transfer of all Rights to the Project.

13. The Designer may not download, copy, use, transfer, rent, sublicense, lend, modify, adapt, attempt to modify or alter the source code, perform reverse engineering, decompile, disassemble, or otherwise manipulate, in whole or in part, the Website.

14. Notwithstanding the above, unauthorized use, copying, reproduction, modification, republishing, updating, downloading, mailing, transmission, distribution, duplication, or any other improper use of the Website and/or anything subject to DesignWanted’s Rights by the Designer is prohibited. As a user of the Website, the Designer agrees not to use anything subject to the Rights for illegal purposes and/or in violation of the provisions of the Regulations and undertakes not to infringe upon the Rights of DesignWanted and/or its third-party licensors.

15. In relation to the Content, the Designer acknowledges and agrees that, without prejudice to any Rights of the Designer and any third-party Rights included within the Content, DesignWanted will remain the sole and exclusive owner of all Rights related to the Content. 

COMMITMENTS AND WARRANTY STATEMENTS

16. As part of the Project, the Designer commits to: 

  • to inform DesignWanted of the involvement, in any capacity, of any third parties in the creation of the Project and, in such a case, to guarantee that they have all the necessary authorizations/licenses for third-party Rights required for the exploitation of the Project under the terms of the Regulations, including for the potential transfer of the Project IP rights;
  • not to include in the Project any distinctive signs of any third company, without prior approval from DesignWanted; 
  • not to include in the Project any content that is false, illegal, slanderous, misleading, defamatory, harmful to the image of DesignWanted, blasphemous, containing violence and/or images not suitable for minors, as well as content that violates the Rights of third parties or applicable laws related to the Project; 
  • not to participate with the Project in identical or similar initiatives, or in any case initiatives involving activities identical and/or similar to the Call and/or the Initiative, and not to enter into any agreements with third parties, including potential direct or indirect competitors of DesignWanted and/or the partner Company, regarding the Rights to the Project, at least until the Absolute Winner is named.

17. The parties commit to keeping strictly confidential all information, even if not expressly designated as such, directly or indirectly related to the Project, the Call, and/or the Initiative, that they may become aware of as a result of the Designer’s participation in the Call.

18. The Designer declares and guarantees:

  • to have read and understood the Regulations;
  • to be of legal age (eighteen years or older) to access the Site and upload the Project; and in any event, confirms having reached the legal age of majority under both the laws of their country of origin and Italian legislation at the time the Project was uploaded;
  • that the uploaded Project contains a new and original idea of the Designer, and that all data, information, and/or materials provided and/or uploaded to the Website for the purposes of the Call and, more generally, the Regulations do not infringe on the Rights of third parties, including image rights and copyrights, and do not violate any applicable laws and regulations, including privacy laws, and do not contain obscene or defamatory elements;
  • that they will refrain from reproducing, duplicating, copying, using, selling, reselling, and otherwise exploiting the Website and anything subject to the Rights of DesignWanted and/or its third-party licensors for commercial purposes;
  • that they will refrain from any form of direct and/or indirect use of the Website that is contrary to the law or not in compliance with the provisions of the Regulations;
  • that they will not use so-called spamming systems, chain messages, or pyramid schemes;
  • that they will not spread viruses, spyware, adware, rootkits, backdoors, trojans, or other similar cybersecurity threats through the upload of the Project on the Website;
  • that they are able to grant the use and enjoyment of the Project to DesignWanted for the purposes of the Call and the Regulations;
  • that they are lawfully able to dispose of the Rights to the Project and to grant a license for them to DesignWanted, free from encumbrances and any other third-party claims. 

LIMITATION OF LIABILITY

19. The Designer acknowledges and agrees that DesignWanted:

  • does not make any representation or warranty, express or implied, regarding the Call, the Initiative, and/or the Website, reserving the fullest right to exclude and/or revoke any eventual award or assignment;
  • except in cases of willful misconduct or gross negligence, will not be liable in any way to the Designer for any damages, losses, costs, charges, and expenses, direct or indirect, including any legal fees, incurred and/or borne by the Designer in connection with the Call, the Initiative, and/or the Website;
  • cannot be held responsible in any way for the results obtained by the Designer as a consequence of uploading the Project on the Website and participating in the Call, whether positive or negative, including, by way of example, being selected by the jury and/or the Company; 
  • in the event of a violation of applicable law and/or the commitments and warranties outlined in the Regulations, DesignWanted may exclude the Designer from participating in the Call (while noting that if the Designer has already been named the Absolute Winner, DesignWanted and its partners, at their sole discretion, are free to nominate another Designer and not enter into any agreement), as well as, at its sole discretion, exclude the Designer from any future initiatives organized by DesignWanted, without prejudice to the right to pursue damages;

The Designer hereby waives any claim in this regard against DesignWanted, including for compensation, reimbursement, or damages.

20. DesignWanted is not necessarily affiliated with and/or partnered with the individuals and/or entities that own the websites to which there are links within the Website and is not responsible in any way for the content of those websites. Such links are provided solely for the convenience of the Designer, and access to such websites is at the sole discretion and responsibility of the Designer. A link from the Website to any other website does not imply that DesignWanted endorses, supports, or recommends in any way that website or has any control over any aspect of its content.

INDEMNITY

21. The Designer agrees to indemnify and hold harmless DesignWanted from any claim, direct or indirect damage, liability, charge, cost, or expense, including legal fees, that may arise from the use of the Project in violation of the law, third-party rights, or the Regulations, and therefore from any and all violations of the commitments made and warranties given in the Regulations. 

PRIVACY

22. In fulfilling its contractual obligations, DesignWanted undertakes to comply with the provisions of Legislative Decree 196/2003, as amended by Legislative Decree 101/2018 (‘Codice Civile‘), and EU Regulation 2016/679 (‘Regulation’; the Code and the Regulation together, ‘Privacy Law‘) and, to this end, commits to adopting all necessary and appropriate physical, logistical, and organizational security measures to ensure the integrity and accuracy of the personal data processed, as well as the lawfulness of their processing.

23. The Designer’s personal data is processed using manual and electronic tools, with logic strictly related to the processing purposes described in the privacy policy and, in any case, in a manner that ensures the security and confidentiality of the data. The Designer agrees that DesignWanted has the right to process the data provided in the context of the Call in accordance with the terms of the Privacy Law and in compliance with the consents that may have been given by the Designer.

24. To better understand how DesignWanted uses the Designer’s personal data, the Designer is invited to consult the privacy policy at the following link [link here].

APPLICABLE LAW AND COMPETENT JURISDICTION

25. The Regulations are entirely governed by Italian law. Any dispute that may arise between DesignWanted and the Designer regarding the validity, interpretation, execution, and termination of the Regulations and/or in any way connected with the Regulations shall fall under the exclusive jurisdiction of the Court of Milan, excluding any other, even concurrent or alternative jurisdictions.

GENERAL CLAUSES

26. The Designer may not assign the Regulations, in whole or in part, to third parties.

27. Any tolerance by DesignWanted towards behaviors by the Designer that violate any provision of the Regulations does not constitute a waiver of the rights arising from the violated provision, nor the right to demand the proper fulfillment of all provisions of the Regulations.

28. The Regulations contain the entire agreement reached between DesignWanted and the Designer regarding its subject matter and supersede all prior communications, statements, as well as understandings and agreements, both oral and written, between DesignWanted and the Designer.

29. If any term or other provision of the Regulations is declared null, voidable, or unenforceable, all other terms and provisions of the Regulations will nevertheless remain fully valid and effective.

30. DesignWanted and the Designer act in full autonomy and independence. The Regulations do not create any relationship of collaboration, agency, association, brokerage, or employment between them.

31. The Designer acknowledges and agrees that the following paragraphs of the Regulations contain some onerous or otherwise special provisions due to the nature of the initiative governed by them, including the listed points, and therefore must expressly accept them during registration, pursuant to Articles 1341 and 1342 of the Civil Code: (‘Subject and Definitions’); (‘Award Procedure’); (‘Intellectual Property Rights’); (‘Commitments and Warranty Declarations’); (‘Limitation of Liability’); (‘Indemnity’); (‘Governing Law and Jurisdiction’); (‘Assignment of the Regulations’). The Designer is invited to carefully read the aforementioned clauses before uploading the Project to the Website, and hereby waives any claim in this regard against DesignWanted, including claims for reimbursement or compensation.