Last updated on April 27, 2020
BY ENTERING (OR OTHERWISE PARTICIPATING) IN THIS CONTEST, ENTRANTS AGREE TO THESE RULES AND REGULATIONS, WHICH CREATE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO US FROM YOU, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
These contest rules and regulations (“Rules”) are applicable to the online interior Design Battle (“Contest”) brought to you (“You” or “Entrant”) by UAB “Planner5D” (“Planner 5D”, “us” or “we”), which is administrated online at www.planner5d.com. By entering or participating in the Contest, Entrant represent and warrant that he/she has read, understands and agrees to be bound by these Rules and by the results of the Contest. These Rules are void where prohibited by law. The decisions of Planner 5D are final and binding in all matters relating to the Contest, including interpretation and application of these Rules.
WHO CAN ENTER
This Contest is open for those individuals who sign up at www.planner5d.com and who are at least 18 (eighteen) years of age or older at the date of entry. Notwithstanding the above, the Contest is not open to individuals associated with the Contest, including the employees, agents, subsidiaries, affiliates representatives of Planner 5D (“Excluded Individuals”). This Contest is also not opened to immediate family members of Excluded Individuals.
HOW TO ENTER
To enter the Contest, firstly You need to sign-in to Your Planner 5D account at www.planner5d.com or to create an account if You do not have one. Then simply follow the instructions on our Contest webpage at planner5d.com/contests and submit Your design results (“Entry”) prior to expiration of the entry period. The Entry must meet all Contest requirements to be eligible to win a Prize. Only one Entry per person per Contest is allowed. Entries which are not in alignment with the Contest Rules and requirements will be disqualified by Planner 5D. Any attempt of circumvention of the Rules will result in immediate disqualification from the Contest. Each Entry is created in Planner 5D tool, thus is subject to Planner 5D Terms of Service. Each Entrant shall explicitly accept the Terms of Service to be allowed to use Planner 5D tool. In case of any inconsistency or discrepancy between the Terms of Service and these Rules with regard to the Contest, the Rules shall prevail.
The Entries will be accepted online starting on and ending at the date, time and time zone indicated on our Contest webpage at planner5d.com/contest/. Entries submitted before or after the entry period will be disqualified.
NO PURCHASE NECESSARY
No purchase or payment of any kind is necessary to enter or win this contest. A purchase or payment of any kind will not increase Your chances of winning.
INTELLECTUAL PROPERTY RIGHTS REPRESENTATIONS AND WARRANTIES
Upon submission of Your Entry to the Contest, You irrevocably transfer and assign to Planner 5D and Planner 5D accepts all rights, title and interest (including the entire copyright and other intellectual property rights) in and to your Entry (including all images, text and materials included or depicted therein, safe for those belonging to third parties and licensed to You) and derivatives thereof throughout the world without having to give any compensation to You or any third party, except for the awarding of Prize to Winners in this Contest. If Your Entry contains images, text or materials of third parties, You hereby represent and warrant that You have complied with and have obtained all permissions, licenses and consents that are necessary to allow the submission of such images, text or materials within the Entry and further unrestricted use thereof by Planner 5D as described herein. You represent and warrant that Planner 5D has perpetual, no-cost, royalty-free license and right to use any images, text or materials of third parties containted in Your Entry.
You further represent and warrant that Planner 5D‘s use of Your Entry, including images, text or materials depicted therein, will not violate or infringe any right whatsoever (including, without limitation, any personal rights, proprety rights) of any person or entity and the use thereof will not result in any third party liability or obligation.
Without limiting the foregoing, Planner 5D will have the right to use the Entry submitted as a part of the Contest, all images, text and materials included or depicted therein, in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose.
You shall execute all instruments and do all acts which may in Planner 5D’s opinion be necessary to carry out the provisions of this assignment. This assignment includes all of Your claims, causes of action and right to sue for, as well as right to settle or release from, the infringement by any third party of any rights in and to the Entry and any derivatives thereof that You may possess therein and remedies associated therewith.
You acknowledge that Planner 5D and other Entrants may have created ideas and concepts contained in their Entries that may have familiarities or similarities to your own Entry, and that you will not be entitled to any compensation or right to negotiate with Planner 5D because of these familiarities or similarities. Nothing herein shall create an implied or express contract to compensate Entrants for their Entries and there is no obligation for Planner 5D to pay or otherwise compensate Entrants for any of their ideas or materials in any communications with Planner 5D.
Entries are not confidential and Planner 5D’s obligations to You regarding Entry are as specifically set forth in these Rules.
You hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with you Entry submitted as part of the Contest.
You represent and warrant that you have the right, power and authority to grant the rights set our above and that you have obtained all consents and permissions in respect of the same.
For the avoidance of doubt, all rights in the name and title of the Contest will vest exclusively in Planner 5D.
You hereby warrant that the information that You submit will not contain anything, which is obscene, indecent, harassing or threatening. Planner 5D reserves the right, but not the obligation (and without limiting Planner 5D’s rights under your warranties and representations above), to screen, filter and/or monitor information provided by You and to remove the same.
Entrant agrees to indemnify and hold Planner 5D and its affiliates harmless from and against any third party claims, to the extent arising out of or relating to: (i) any breach of any representation, warranty or covenant made by Entrant in connection with his/her acceptance of these Rules, (ii) any liabilities, losses, inquiries, claims, suits, damages, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) arising out of or otherwise relating to the subject matter of the Contest.
WINNER SELECTION AND NOTIFICATION
There may be up to 5 winners of the Contest (each – the “Winner”). Winners are determined by Planner 5D based on the total number of each Entry’s likes on the Design Battle webpage as of the final date of the Contest period (indicated at Contest webpage at planner5d.com/contests). Five Entrants with the most-liked Entries as of the final date of the Contest period win. The Winners will be informed about the prize on the Contest webpage at planner5d.com/contests within 5 days following the Contest completion date. Planner 5D is not responsible if the Winner fails to receive the notice about the Prize.
Winners will receive prizes in form of free excess to additional features of Planner 5D design tool (“Prize”), which are determined by Planner 5D and announced at Contest webpage at planner5d.com/contests. If an Entrant is announced as a Winner, he/she is entitled to receive a Prize in a form of limited, non-transferrable, non-sublicensable, non-exclusive and revocable license to access and make use of specified additional features of Planner 5D design tool. Any use of such additional features of Planner 5D design tool may be performed only subject to acceptance and compliance with Planner 5D Terms of Service. Prizes cannot be redeemed for cash of substituted for another prize and are non-transferable. Prizes are given with no written, express, or implied warranty.
By entering the Contest, You give your consent and permission to Planner 5D to use Your name, nickname, city of residence, photograph and/or other biographical materials (if any) submitted by You, worldwide for: (i) Contest’s administering purposes, as well as for (ii) advertising, promotional and/or publicity purposes in connection with the Contest and related products and services of Planner 5D.
SUSPENSION, MODIFICATION, TERMINATION
Planner 5D reserves its right, in its sole and absolute discretion without prior notice: 1) to cancel, terminate, modify or suspend the Contest should any virus, bug, non-authorized human intervention, fraud, or any other cause affect the administration, security, fairness or proper conduct of the Contest; or 2) disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest, (b) acting in violation of these Rules, or (c) acting in an unsportsmanlike manner.
In the event Planner 5D is prevented from continuing with the Contest due to an event beyond its control, including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labour dispute, strike, act of God or public enemy, economic sanctions or restrictions, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, declared or undeclared war, interference with the Contest by any party, or legal act, order or regulation, order of any court or jurisdiction, or other cause not reasonably within Planner 5D’s control, Planner 5D will have the right to modify, suspend or terminate the Contest.
This Contest is governed by the laws of Lithuania without giving effect to any conflict of law or choice of law provisions.
As a condition of participating in the Contest, You agree that any and all claims, disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Vilnius, Lithuania having appropriate jurisdiction.
LIMITATION OF LIABILITY
By entering this Contest, Entrant agrees that to the extent permitted by applicable law:
(a) neither Planner 5D, nor its subsidiaries, affiliates, shareholders, agents, partners, successors, assigns, employees, officers and directors will be liable for any loss, damage, illness, injury, death, litigation or claim which may occur, directly or indirectly, from Entrants participation in the Contest and/or acceptance, possession, use, or misuse of any Prize or portion thereof;
(b) without prejudice to the above, the aggregate liability of Planner 5D resulting from any claim, judgement or award shall be limited to actual third-party costs incurred (if any) not to exceed 10 (ten) euro, but in no event the attorneys’ fees be awarded or recoverable;
(c) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages, other than actual expenses not to exceed 10 (ten) euro, and/or any rights to have damages multiplied or otherwise increased.
The invalidity, illegality or unenforceability of these Rules or any provision thereof shall not affect the validity or enforceability of any other provision of these Rules. If any provision of these Rules is determined to be invalid, illegal or unenforceable, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.
The failure to exercise or delay in exercising by Planner 5D a right or remedy provided hereunder does not constitute a waiver of such right or remedy.
HOW TO CONTACT US
This Contest is organized by UAB “Planner5D”, Antakalnio St. 17, Vilnius, Lithuania, LT-10312.
In case You have any inquiries about the Contest, You can contact us at: firstname.lastname@example.org