Terms and Conditions of Participation. for the fashion talent award. "Designer for Tomorrow" by Peek & Cloppenburg and Fashion ID

Transcription

1 Terms and Conditions of Participation for the fashion talent award "Designer for Tomorrow" by Peek & Cloppenburg and Fashion ID as part of Mercedes-Benz Fashion Week Berlin in July Organizer of the fashion talent award In July 2016, IMG International Management Group GmbH, Invalidenstr. 35, Berlin (hereinafter IMG ) will organize the Mercedes-Benz Fashion Week Berlin (hereinafter MBFW ). As part of MBFW in July 2016, Peek & Cloppenburg KG, Berliner Allee 2, D Düsseldorf (hereinafter "P&C"), will organize for the eighth time the fashion talent award "Designer for Tomorrow (hereinafter Designer for Tomorrow or "DfT") hosted by a notable patron (hereinafter Patron ). Unless determined otherwise any contractual rights and obligations resulting from the participation in DfT shall arise only between the respective participant and P&C. However, P&C shall be entitled to transfer any rights resulting from these Terms and Conditions of Participation (hereinafter "ToP") to any other Affiliated Company (P&C and such entities hereinafter jointly P&C-Group ). Affiliated Company means any entity according to sec. 15 et seqq. of the German Stock Companies Act (AktG) and any company, in which P&C or its direct or indirect shareholders (individually or jointly) directly or indirectly hold a stake of at least 25 % of the stated share capital, partnership interest or liability interest. 2. Participation Participation in the fashion talent award "Designer for Tomorrow" shall take place exclusively on the basis of these ToP. To take part in the competition, the respective participant has to register online using the application mask on the DfT-Website ( The participation is subject to the fulfillment of all application criteria set forth in section 3 below and the submission of the required information and application documents described in section 4 below. 3. Application Criteria Only fashion designers may participate in the DfT who verifiably a) graduated in 2014 or 2015 in the field of fashion design, or

2 b) applied for the final examination at the time of application, or c) completed a training program in the field of fashion design (fashion seamstress or fashion dressmaker) in each case within the territory of the European Union or Switzerland. Participants need to dispose of sound English language capabilities. Design teams may participate and shall be considered a single candidate. Excluded from participation in the DfT are: participants, who have already commercially sold their own collection until the date of their application to participate in the DfT competition, unless they have distributed fashion items or collections designed by them only through studio, showroom or online sales directly to end customers. Participants who distributed fashion items or collections designed by them via wholesale channels will be excluded from the competition. finalists of former "Designer for Tomorrow competitions, and employees of an Affiliated Company. The collections handed in for application to the DfT (hereinafter Application Collection ) and for the DfT Award Show (hereinafter Show Collection ) must either be a women s wear or men s collection or a mixture of both, include at least eight complete outfits, i. e. article/s of clothing that result in a matching overall picture (Show Collection only, does not apply to Application Collection), not have been shown in competitions before. 4. Application documents All applicants have to submit the following data and documents in English using the online application mask on the DfT website: personal data (first and last name, date of birth, nationality, residence, phone number, address) education details (university/college/school, etc; country where educational institution is based, degree, (estimated) year of completion plus relevant proof of the education, type of collection (women s, men s or mixture of both)

3 at least 3 pictures (max 5 pictures) of looks from their Application Collection (these may be photographs or drawings in the format DIN A4). Please note that the Application Collection does not need to be the Show Collection for the award show in July The pictures need to be free of any personal information of the participant such as name, address, phone number etc. as they will be presented to the jury anonymously. a Lookbook. Lookbooks can be submitted both electronically and by mail, quoting the first name, surname, postal address and university/school/college If you prefer sending your lookbook by mail please address it to: Peek & Cloppenburg KG Attn. Juliane Fix Berliner Allee 2 D Düsseldorf Germany Further, each participant need to confirm acceptance of these ToP during the online registration process. Please note that under no circumstances collection items, clothes, lookbooks or similar may be sent in their original form because the return of such items is not possible. 5. Schedule of the DfT Competition March 15th, 2016 April 15th, 2016 Application Deadline (date of submission of the online application and postmark, if lookbook is sent by post) Deadline to withdraw Application End of April 2016 Announcement of the Top 15 The Top 15 will be selected by the Patron of the DfT. It will not be made public. The decision is final and incontestable. Mid of May 2016 Announcement of the Top 5 On the basis of the Application Collection the Patron and a top-class Jury Board selected by P&C will nominate the Top 5 participants, who will be the finalists to participate in the Preparation Day, Fitting and the Award Show in July 2016 (hereinafter Finalists ). The decision is final and incontestable. Subsequently, the Finalists are invited to finish their Show Collection, (consisting of at least eight outfits) which may be identical to the Application Collection.

4 The Finalists will be selected on a no-name basis by the collection designs. Hence, designs which are presented to the Patron and the Jury Board shall contain no references to the name or gender of the designer and no further information, such as college and origin. End of May 2016 Early July 2016 July 2016 Preparation Day with the Top 5 at Berlin On the Preparation Day the Finalists Show Collections will be presented to representatives of P&C. The Finalists will be prepared for the Fitting and the Award Show. Fitting The final looks will be agreed between the Finalists and P&C and the running order will be determined by P&C. "Designer for Tomorrow" Award Show As part of MBFW, the grand final Award Show will take place, where the Finalists present their collections to the public for the first time. Immediately after the Award Show, the Patron will select along with the Jury Board the winner of DfT 2016 (hereinafter Winner ). The decision shall be final an incontestable. 6. Participation in the Events and Costs The Finalists are obliged to participate in the Preparation Day, the Fitting and the Award Show in Berlin including the related dress rehearsals. Each participant agrees in advance to be available for these events. P&C reserves the right to claim damages if any event cannot take place as planned due to the unavailability of a Finalist or a Finalist s collection. P&C will in its own discretion make the necessary travel and accommodation arrangements for the Finalists for the Preparation Day, the Fitting and the Award Show and will assume the related expenses. P&C will not assume costs for travel or accommodation arrangements that have been made by the Finalists themselves or for Finalists who have their residence in Berlin. P&C further bears the costs of the Award Show including media presence, styling, location, music, technology, models, guest management, etc. Any additional costs such as without limitation the costs for the preparation of the Application or Show Collection - shall not be refunded. 7. Prize and Obligations of the Winner The prize for the Winner shall consist of the following:

5 The Winner s individual fashion show (hereinafter Winner s Show ) at MBFW in July 2017 in Berlin (provided that a company of P&C Group still is official sponsor of MBFW and that MBFW still takes place at that time and in that venue). P&C shall bear the costs the entire Winner s Show (slot, technology, production, models, styling, guest management, after-show reception, etc.) as well as the creation of the show collection. Professional support in the creation of the show collection for the Winner s Show, Participation in a sustainable sponsorship program, to be individually agreed between the Winner and P&C. Such program may include, for example, an inspirational tour to a fashion week, the provision of a design studio, acquisition of sponsors, talks with mentors, etc. The whole program is supported by professional PR and online reporting via the online channels of the DfT (Website/Blog, Facebook, YouTube) of P&C or an Affiliated Company. As part of this collaboration, the Winner agrees to design exclusively for P&C and according to specifications of P&C a capsule collection, possibly depending on the availability in cooperation with a member of the Jury Board or the Patron. Subject to prior agreement with P&C this capsule collection may be produced and distributed in sales outlets of P&C or an Affiliated Company. In the event of the commercial use of the collection items, the Winner shall receive a revenue share of 10% of the net margin effected by P&C for a maximum period of seven months from the launch of sales of the special collections items. In case the commercial use is made by an Affiliated Company, P&C shall request from this Affiliated Company to pay to the Winner the respective revenue share. P&C is entitled to freely use with regard to time, location or content and free of charge the designs of the capsule collection items and to transfer this right to any of the Affiliated Companies. Any claims of a participant or the Winner for reimbursement of expenses incurred as well as damage claims in the event that P&C should no longer act as a sponsor of MBFW in July 2017 shall be excluded. The Winner shall not be entitled to a specific form of collaboration or to certain promotional measures. The Winner is aware that the activities related to the prize are very time consuming ad he/she might not be able to undertake other significant professional activities until the Winner Show. In order to enable both him-/herself and P&C to profit from the program related to the Prize, the Winner undertakes, for a period of 12 months following the Award Show, to obtain prior approval from P&C before pursuing for third parties activities standing in close relation to his/her participation as a fashion designer in the DfT. Apart from that, the participant is not limited with regard to other activities provided that such activities do not interfere with his/her obligations resulting from these ToP and a later sponsorship agreement. P&C shall be granted the exclusive right to work with the Winner as a designer for a period of 12 months following the Award Show against payment of a

6 reasonable fee. The parties shall mutually agree in due course on the details of such collaboration in a sponsorship agreement. If P&C does not exercise its right to collaborate with the Winner until August 31th, 2016, the Winner shall not be restricted in his/her activities with third parties as a fashion designer. P&C shall be deemed to have exercised its right if P&C enters into negotiations with the Winner about the setup of the cooperation. 8. Changes to the Competition P&C reserves the right to interrupt or terminate the DfT competition at any time, without prior notice and without giving reasons. P&C shall make use of this right especially if the further implementation of the DfT cannot be guaranteed for technical or legal reasons. In this case, any claims of a participant for reimbursement of expenses incurred as well as claims for damages are excluded. P&C reserves the right to make changes in the sequence, program and event dates of the award. 9. Use of Participants' Data, Data Protection Every participant to the DfT consents to have his/her name published by P&C, Fashion ID GmbH & Co. KG as well as by IMG and their respective legal successors and affiliated companies. The data collected as part of the DfT shall be used exclusively for the DfT. All data recorded in connection with the award may be collected and stored only by P&C and Fashion ID GmbH & Co. KG, whereas the transfer to third parties only for the purpose of commissioned data processing shall be admissible. The participant may at any time, within the scope of statutory provisions, request information about the personal data stored by P&C and Fashion ID GmbH & Co. KG. The participant shall also be entitled to withdraw at any time, with effect for the future, his/her consent to the storage and processing of his/her personal data, which will result in his/her exclusion from participation in the DfT. In case of any questions or requests concerning data protection, the participants should apply in writing or via to the Data Protection Officer of P&C: Peek & Cloppenburg KG, Data Protection Officer, Berliner Allee 2, Düsseldorf, e- mail: datenschutz@peek-cloppenburg.de 10. Transfer of rights to image and/or video usage as well as their citation By participating in the award "Designer for Tomorrow each participant grants to P&C and Fashion ID GmbH as well as to IMG, independently, and to their respective legal successors, the right to use his/her name and pictures and videos of him/her made in connection with the DfT (in particular, but not limited to, picture and video material related to the Fitting, the Preparation Day, the Award Show and all other events associated with the award). This shall include the right to use the name and the above mentioned images and videos of the participant for all activities connected to the DfT, in

7 particular the related reports, documentaries, public relations and advertising in any form whatsoever. The above right of use shall be unrestricted with regard to time and location. P&C and Fashion ID GmbH & Co. KG may file and edit any such pictures and videos. P&C and Fashion ID GmbH & Co. KG are entitled to grant their partners and sponsors the use of the aforementioned picture and video material for PR and advertising purposes in connection with the DfT. The participants of the award show grant P&C and Fashion ID GmbH & Co. KG the right to use the submitted collection designs and images of the application documents (lookbook and dissertations) for all purposes related to the DfT and to transfer this right to their partners and sponsors. P&C is entitled to transfer all rights conferred on it by the participant to any Affiliated Company. 11. Own public relations / marketing activities Any public activity of the participants related to the "DfT", especially related to reporting, documentation, public relations and advertising, also after completion of the competition, shall require P&C s prior written approval.in all activities connected with the award "Designer for Tomorrow", the participant undertakes to use the following names as listed below: Mercedes-Benz Fashion Week Berlin Peek & Cloppenburg KG, Düsseldorf Fashion ID GmbH & Co. KG Fashion talent award "Designer for Tomorrow by Peek & Cloppenburg, Düsseldorf and Fashion ID The designer agrees that all marketing activities and promotional activities that are associated with the fashion talent award and/or P&C or Fashion ID require P&C s prior written consent, even after the end of the competition. This includes, but is not limited to, the use of the logos of DfT, P&C or Fashion ID and any textual reference or use of "Designer for Tomorrow" and/or "Peek & Cloppenburg" or Fashion ID for commercial and non-commercial purposes. 12. Liability P&C, Fashion ID GmbH & Co. KG and IMG and their respective legal successors do not accept any liability for the drawings and collections submitted by the participants. Submissions that violate the law, in particular breaches of criminal law, copyright, trademark and other proprietary rights, privacy rights or other rights of third parties, may not be displayed.

8 The participant, thus, confirms that (i) he/she has all the rights to the submitted Application Collection and the Show Collection and the corresponding drawings, sketches and drafts, (ii) such materials are not restricted and (iii) the collections (Application Collection and Show Collection) and the corresponding drawings, sketchwes and drafts are free of any rights of a third party. The participants shall hold P&C, Fashion ID GmbH & Co. KG and IMG harmless of any third party claims. 13. Contact person Contact person for the designer in all questions regarding these ToP and in particular with regard to any approvals required hereunder is: Peek & Cloppenburg KG, Düsseldorf Juliane Fix Tel.: Stephanie.Bong@peek-cloppenburg.de 14. Miscellaneous The event and all of its related agreements are subject exclusively to the law of the Federal Republic of Germany. Exclusive place of jurisdiction shall be Düsseldorf, Germany.