RULES AND REGULATIONS. Bénéteau Foundation's "Boat of the future" competition PREAMBLE
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1 RULES AND REGULATIONS Bénéteau Foundation's "Boat of the future" competition PREAMBLE In line with its commitment to promoting environmental protection in the boating world through the emergence of professions contributing towards creation, design and innovation, the Beneteau Foundation is organizing an educational competition inspired by the interior design of the future for a 47 foot powerboat. THE ORGANIZER CLAUSE 1 The BENETEAU Foundation, created under the decree of February 14th, 2005 with the Paris Prefecture, with its registered office at "91 ter rue du Cherche Midi, Paris, France" is organizing, from Monday February 28th, 2011 to midnight on November 4th, 2011, a competition open exclusively to students from the design schools listed in Clause 2 of the present rules and regulations, with the opportunity to win the prizes indicated in Clause 6 hereafter. the "Interior design for the boat of the future" competition, SCOPE CLAUSE 2 This competition is open to students, enrolled on September 1st, 2010, in the design and architecture schools indicated below, provided that they are individuals aged sixteen (16) or over (minors will be required to provide proof of an authorization from their legal representative). - Ecole nationale supérieure d architecture de Nantes (France) - Ecole nationale supérieure d architecture de Paris la Villette (France) - Ecole de design de Nantes Atlantique (France) - Ecole supérieure des arts appliqués Boulle (France) - Southampton University (UK) - Ecole d architecture et de design Athenaeum de Lausanne (Switzerland) - Catania Marine Design Lab (Italy) - Scuola di design di Venezia (Italy) - Universita degli studi di Genova (Italy) - Otaniemi TKK Ship Laboratory (Finland) Only one entry per person is allowed for the duration of the competition.
2 At any time, the Bénéteau Foundation may request a copy of the participants identity cards or passports or any other official proof of identity in order to verify participants age. Any fraud or attempted fraud in relation to the present competition will result in the participant's elimination from the competition. COMPETITION PROCEDURE To take part, you will simply need to: CLAUSE 3 - Connect up to the internet site - Read and acknowledge the rules and regulations and the organizer s "brief" - Fill out the registration form. Any registration forms containing incomplete or deliberately misleading information will be considered null and void. After registering, participants will receive a confirmation , as well as the 3D plans for a 47 foot powerboat, within which they will need to envisage the interior world of the boat of the future. Participants will need to send all the graphic and written documents they deem necessary for the presentation of their project by post and or submit them on a server identified by the Bénéteau Foundation, between June 1st and 24th, The plans may be hand drawn or digital. Plans that are not compliant with the rules and regulations and/or the brief will be rejected. When reviewing these projects, the panel reserves the right to audition any candidate in relation to their application. Out of the plans submitted, up to five (5) projects may be shortlisted by the organizer to take part in the selection for the best project. Candidates whose projects have been shortlisted will be informed of the panel s choice by Monday September 12th, They will need to send a virtual mockup by post or or submit it on a server identified by the Bénéteau Foundation by midnight on November 4th, They will then be invited to Paris in order to present their projects to the panel in person. The panel will select the three competition winners and award them their respective prizes during a ceremony to take place during the Paris Boat Show in December 2011.
3 CLAUSE 4 PROCEDURE FOR SELECTING WINNERS Winners will be selected in the following way: Shortlisting by the panel of professionals From June 27th, 2011 to September 9th, 2011, a panel, chaired by Mrs Annette Roux, Beneteau Foundation s president and made up of professionals will select the five (5) projects to be shortlisted based on the originality and creativity of the projects submitted. The panel's decisions will be taken based on a majority of votes, with each member of the panel counting for one vote. The panel's decisions are final and may not be challenged by participants or any third parties. The organizer reserves the right to disqualify any participant whose project does not comply with the brief or specifications. Further to any disqualification for any reason whatsoever, participants will not be able to receive the prize they were competing for. Candidates whose applications have not been selected will not be able to claim any compensation of any kind whatsoever. Selection by the panel of professionals From November 4th, 2011 to November 30th, 2011, the panel will choose one winning project and a further two projects to be respectively awarded the second and third prizes. PRIZES AVAILABLE CLAUSE 5 The total sum allocated for this competition is twelve thousand (12,000) euros: - Six thousand (6,000) euros for the first prize. - Three thousand (3,000) euros for the other two prizes. Furthermore, the Bénéteau Foundation may offer the winner of this competition any form of additional partnership. The winner will be free to accept or refuse such a partnership. AWARDING OF PRIZES CLAUSE 6
4 The winner will be awarded the sum of six thousand (6,000) euros and the other two winners will each be awarded the sum of three thousand (3,000) euros. The winners will be officially informed that they have won by / post. They will then be asked to provide further details for their prize to be awarded. Their prizes will be awarded within two months of the winners being announced, in accordance with the terms and conditions indicated to the winners when the prizes are to be awarded. The winners will be invited to an awards ceremony which will be held at Porte de Versailles in connection with the Paris Boat Show in December If the organizer is unable to contact the winners between December 2nd, 2011 and December 31st, 2011, it reserves the right to disqualify these winners and award the prize to another replacement participant. The panel of professionals will also select provisional replacements for cases when the winner may not be able to benefit from the award or would prefer not to benefit from it. CLAUSE 7 PUBLICATION / TRANSFER OF RIGHTS The organizer reserves the right to communicate on the present competition in various advertising media (electronic/paper, etc.). By participating, candidates already accept that their project may be put online and distributed on the site, as well as in any press or communications media (paper or video) relating to the present design competition or a future competition organized by the Bénéteau Foundation, without any financial compensation from the organizer. If the organizer would like to distribute the project on other media, it undertakes to contact the participant in order to request their authorization. Unless a request indicating otherwise is submitted to the Bénéteau Foundation, participants authorize their first name, surname and/or pseudonym to be mentioned and their photograph to be published in any communications media relating to the competition. Moreover, participants authorize the Bénéteau Foundation to use their image in connection with any events relating to the competition. By taking part, candidates undertake to provide a project respecting the copyright and image rights of any persons represented. In this way, participants acknowledge that they have obtained all the authorizations required, notably relating to any transfer of intellectual or industrial property rights or any related rights required for the project to be used. Participants guarantee the Bénéteau Foundation against any third-party claims based on an intellectual property right, an industrial property right, a related right or a failure to seek authorization concerning any element comprising the project submitted. Furthermore, the winner(s) undertake(s) to sign a contract for the transfer of rights including:
5 - An authorization to freely transfer rights in order to allow the Bénéteau Foundation to distribute the project, in whole or in part, by any means and on any internet site, and for the duration of the legal copyright protection period. - A clause guaranteeing the Bénéteau Foundation against any third-party claims based on an intellectual property right, an industrial property right, a related right or a failure to seek authorization concerning any element comprising the project submitted. This statement is appended to the present rules and regulations and will need to be duly signed by the winner before the prizes are awarded. Failing that, the winner may be disqualified. This element represents an essential condition for the prizes to be awarded. CONTROLS AND RESERVATIONS CLAUSE 8 The organizer reserves the right, notably in the event of a case of force majeure, to shorten, extend, suspend, modify or cancel the competition. However, prior information will be provided on such changes by all appropriate means. Participation in this competition implies acceptance of the present rules and regulations. No disputes will be taken into consideration more than 60 days after the end of the competition. The full rules and regulations are freely available. To obtain a copy, simply write to info@fondation-beneteau.com or to Fondation Bénéteau 91 ter rue du cherche-midi Paris France. Postage costs will be reimbursed on request based on the standard delivery rate in force in France, within the limit of one request per household, same name, same address. Any disputes that may arise concerning the interpretation of the present rules and regulations will be expressly subject to the final assessment of the organizers and, in the last resort, the relevant Paris Courts. The organizer may not be held liable in any way as a result of any issue with the internet networks. In accordance with the French data protection act (Loi Informatique et Libertés n 78-17) of January 6th, 1978, participants have the right to access the file and rectify and remove any information concerning them by submitting a request directly by to info@fondationbeneteau.com.
6 CLAUSE 9 The present rules and regulations have been filed with: SCP SIMONIN - LE MAREC - GUERRIER HUISSIERS DE JUSTICE ASSOCIES 54 rue Taitbout Paris, France This firm is entrusted with checking that they are implemented correctly.
7 Appendix 1 - Statement for transfer of rights APPENDIX STATEMENT FOR TRANSFER OF RIGHTS Within the framework of the "Interior design for the boat of the future" competition organized by the Bénéteau Foundation from February 28th, 2011 to November 4th, 2011, the Winner has taken part in the competition by sending the TITLE project (hereafter "the project") and won the Panel's Award. By taking part in the competition, the Winner already acknowledged that signing the present transfer of rights agreement represents an essential condition for the validation and awarding of the Winner's prize. The Winner acknowledged the provisions from the present agreement at the start of the competition by reading the competition rules and regulations. I the undersigned, SURNAME FIRST NAME, born on / /, in CITY (COUNTRY ), residing at ADDRESS (COUNTRY ). Hereafter "the Winner", Transfer my rights under the conditions set out hereafter to the BENETEAU Foundation, created under the decree of February 14th, 2005 with the Paris Prefecture, with its registered office at "91 ter rue du Cherche Midi, Paris, France", hereafter the "Bénéteau Foundation". CLAUSE 1 The Winner transfers their rights of reproduction and performance to the Bénéteau Foundation to distribute the project, in whole or in part, by any means, known or unknown to date, in any language and with any caption, tagline or indication that the Bénéteau Foundation may deem relevant to associate with it, on any internet site and for any cultural use, including in connection with exhibitions or festivals, worldwide and for the duration of the legal copyright protection period. The present transfer notably encompasses:
8 All rights of reproduction by any means All rights of performance by any means, and notably in connection with presentations or exhibitions, multimedia discs, and the internet (including intranets and extranets). CLAUSE 2 The Winner guarantees that the project is compliant with copyright laws. The Winner acknowledges that they have obtained all the authorizations required, notably relating to any transfer of intellectual or industrial property rights or any related rights required for the project to be used. The Winner guarantees the Bénéteau Foundation against any third-party claims based on an intellectual property right, an industrial property right, a related right or a failure to seek authorization concerning any element comprising the project submitted. The present transfer of rights is granted freely. CLAUSE 3 Signed in On In two (2) copies The Winner (Surname and First Name) Signature to be preceded by the handwritten statement in French "Lu et approuvé" (Read and approved)
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