Swiss International Management AG, which headquarter is located in Vadianstrasse 59 – 9001 St. Gallen Switzerland, registered at the Register of Commerce under No CHE-112.471.482 organizes on behalf of its client, ATHAL ESTATE SCI from May 19th 2020 at 0h and until June 22nd 2020 at midnight a competition entitled “Jardin de Villars Contest” requesting the communication of “architectural ideas” by any natural or legal person (the “participants”) in the form described on: https://jardindevillarscontest.com/
The sending of any document to the organizing company, by any means whatsoever, implies on the part of the participants a formal declaration that they are entitled to such transmission without any third party not issuing such transmission being able to assert any right against the organizing company, this statement giving full guarantee of third parties and of their own fact which would have the object and/or effect of infringing the rights of the organizing company and its client.
Right to represent projects received
The sending of any document by the Participants implies recognition of the novelty of all the elements communicated that were not previously sent to any third party and non-exclusive authorization to represent by and for the communication to the public by any means and in any territory of all or part of such documents for the duration of the rights that may relate to such documents.
This authorization allows in particular: the publication and display of all or part of the said documents via the internet, etc., etc. the participants declaring that the said representation, including the citation of their name and any mention enabling their identification, implies, taking into account the visibility and possible and/or expected benefits for the Participants, a consideration equivalent to the fixed remuneration as provided for in Article L131-4 of the French Intellectual Property Code.
Participants will remain free to publish or expose in whole or in part their projects subject to informing the organizing company beforehand and to agree with it on the conditions of any reference to this contest and/or to one of the elements constituting this contest.
Confidentiality/ Commitment of non-disclosure by the Participants
The Participants and the organizing company guarantee the confidentiality of the information exchanged. The organizing company and its client are the only entities authorized to disclose any information exchanged during the competition before, during or after the competition period, including the notification of the results. Similarly, Participants wishing to communicate about their participation in the contest, including results, will request the prior approval of the organizing company. Cancellation and declaration of closure of the competition
The organizing company may decide to close or cancel the contest at any time, without having to give the reason and without this decision giving any right to any compensation whatsoever.
The Organizing Company reserves the right to make any changes to these regulations, with the Participants ensuring: - keep themselves informed of any changes by periodically consulting the site on which the regulation and its amendments will be published with effect no later than eight days after their publication on the site, - take into account the effects of this amendment so that their participation is in all respects in conformity with the Rules of Procedure as applicable on the day of the deliberations.
Acceptance of the regulations
The sending of any document conforming to the prescriptions issued by the organizing company implies a firm acceptance of the conditions defined herein and its appendices as published on the site: https://jardindevillarscontest.com/regulations/
The organizing company shall examine the documents received from the participants and shall first and last validate their admissibility in relation to the Regulation and its Annexes. Any inadmissibility for any reason whatsoever will be notified without delay to the Participant who will have the possibility of regularization as soon as possible, being specified that in the absence of regularization at the latest 7 days before the meeting of the jury, the documents will not be examined by the jury. The jury will be composed of 7 people, will meet between June 29th 2020 and July 3rd 2020. The jury will announce the results on July 7th 2020 on the website: https://jardindevillarscontest.com
Sending any document to the organizing company entails:
- for all Participants:
o full knowledge, acceptance of this Regulation and its Annexes, authorization of representation as mentioned above,
o guarantee that it is the author or that it is irrevocable assignee of all the economic rights relating to the project in all its components and of all the documents sent to the organizing company,
o guarantee against any exploitation disturbance that may result from the exercise of a moral right according to the French law,
o the project in all its components and all the documents sent to the organizing company does not infringe, to its knowledge, any intellectual property right or any right to the image of property owned by a third party,
o information and acceptance of any third party whose intervention has been requested by the participant in any matter whatsoever, of this Regulation and its Annexes and the collection of its written consent,
o therefore, full enjoyment, free of any limit, constraint and disturbance, claim or eviction of any kind by any action of the participant and/or any third party relating to the project or any of the components,
- subject to the jury awarding one of the prizes awarded for the ….. winners of the competition and therefore for the Participants thus appointed by the jury:
o commitment to regularization of a contract for the exclusive sale of reproduction rights without limitation of number, representation and exploitation right in any form and by any method whatsoever, existing or to come, for the whole world and for the duration of any rights relating to the elements sent to the organizing company or relating to any part or component of this project and the documents sent to the organizing company, having already agreed that the award of the prize as laid down in the Regulation and its Annexes constitutes, in addition to the communication actions that would be undertaken by the organizing company and/or its client, the flat-rate and proportionate remuneration as provided for in Article L131-4 of the French Intellectual Property Code, these reproductions and representations being systematically accompanied by the mention of the name of the Participant author and/or assignee of any rights relating to the said project,
o commitment to provide the organizing company with all digital material (ie 3D, DWG, etc.) concerning the project in order to help report on the results of the competition through specific publications and publishing products,
o commitment to participate in any negotiations for the purpose of making any useful adjustments.
The mere sending by the Participants of the participation documents does not imply any right to request any remuneration or compensation for the communication of an idea or project or any enrichment that would result from the knowledge of this idea or of this project.
This competition is subject to French law.