These Legal Bases (hereinafter, the "Bases”) regulate the participation of users (hereinafter, the “Participant" or the "User” and in the plural, the “Participants" O "Users”, indistinctly) in the first edition of the "Designer Contest" (hereinafter, the “Contest”), organized by Nerety Shop, S.L. (hereinafter, the “Organizer”, “Nerety”, “Us" me "Us” indistinctly).
Through the participation of the Users in the Contest, they state that they understand and accept these rules and submit to the criteria of the Organizer for the resolution of any question that may arise regarding the interpretation of these.
The following identifying data of the Organizer is exposed:
- Company name: Nerety Shop, S.L.
- Registered office: Joan Miro 7-13 puerta 1, 08950, Esplugues de Llobregat, Barcelona, Spain.
- Registration data in the Mercantile Registry: Mercantile Registry of Barcelona, Volume: 47555 Folio: 135, Registry Sheet: B555456, Inscription 1.
- Tax Identification Number: B02761195
- Email: firstname.lastname@example.org
ABOUT THE CONTEST
Nerety is the owner of a leading platform for the sale and distribution of fashion items from national emerging brands. Through this, Nerety offers a Contest aimed at young designers interested in producing and marketing their collection "streetwear” of t-shirts or sweatshirts through the Nerety online store (hereinafter, the “Platform”).
The Contest will be held in collaboration with: Esdi (Higher School of Design) (hereinafter, the “promoters”), who will be part of the members of the jury, as well as the promotion of the Contest.
Our goal is to give emerging designers a voice, showcase their creativity and position the winner both internationally and locally.
Any natural person, legal resident in Spain, between the ages of 18 and 30 at the time of participating, except employees of the Organizer, their first-degree relatives, employees or any person may participate in the Contest held by the Organizer. that is professional or directly related to Nerety and/or the Promoters.
Likewise, it is necessary that the Participants are studying or have completed a career related to the field of design.
The organization reserves the right not to admit or expel as a Participant in the Contest any User who has previously developed a conflictive behavior, has prevented or hindered the proper development of the Contest, on social networks or on the Platform with their words or minutes. Organizer, and/or in any case carry out actions that may be considered abusive, contrary to good faith and the principles of independence, impartiality and/or objectivity of the result of the Contest.
Participation in the Contest implies acceptance of each and every one of the conditions established in these Bases.
PROCESSING OF PERSONAL DATA
The User may at any time exercise their rights of access, rectification, cancellation and opposition by sending an email to the address email@example.com , attaching a copy of your DNI or equivalent identification document and specifying the right you wish to exercise.
CONTEST DURATION AND SCHEDULE
The Contest will last approximately 5 months, according to the following schedule:
- October 3, 2022: Opening of the inscriptions to the Contest.
- December 15, 2022: Closing of participation in the Contest and beginning of the first session of the jury to select a total of 30 finalists. New entries will not be accepted after the indicated period.
- January 15, 2023: Announcement of the finalists.
- February 2023: Award ceremony gala in Barcelona.
CONTEST DEVELOPMENT AND REQUIREMENTS
Participation in the Contest is completely free, without there being any additional cost or charge associated with participation in it. Nerety is not responsible for receiving presentations and/or projects that do not meet the conditions described here.
To participate in the Contest it is necessary:
- Fill out the following application and/or form: https://bit.ly/neretynextgen
- Send the presentation and/or final project to the following email: firstname.lastname@example.org
- Include the following in the subject of the email: [YOUR FULL NAME]
- Attach the project documentation in format: PDF
In the event that the Organizer detects or has sufficient indications, regardless of the route or technical means used for which, that a person has participated in the Contest impersonating the identity of another, as if they were different Users, or failing to comply with any other extreme of these Bases, will automatically proceed to the elimination and disqualification of this offending User.
People who do not meet each and every one of the above requirements will not be able to participate in the Contest. If any person who does not meet the requirements detailed in this clause is the winner, they will be excluded from the Contest and will lose their right to obtain the benefits of the Contest.
SELECTION OF THE WINNERS
The selection of the winner of the Contest will be in charge of a specialized jury, acting in an impartial and non-discriminatory manner. The jury will especially value the creativity, the capacity for innovation, experimentation and sustainability, both of the materials and the processes used, as well as the improvement in the finishing of the works presented.
In the Contest there will be a total of 3 winners, which will be drawn from among all the Participants. The second and third winners of the Contest will be subject to a public vote.
In any case, once the winners have been chosen, Nerety will verify that the winning Users meet all the requirements expressly provided in these Bases.
Nerety reserves the right to modify the dates of the Contest, at any time, by prior communication through the corresponding channels.
Prizes are distributed as follows:
- First classified:
A grant of €1,000 and production of a limited edition of the winning collection (only tops eg. sweatshirt or t-shirt), with exclusive marketing of this on the Nerety Platform, the latter in accordance with the provisions of the Intellectual and Industrial Property clause of these Bases.
- Second classified:
Subsidy of €500, special mention, attendance at the "Nerety Event" with all expenses covered, these are: Transfer to Barcelona and hotel expenses if necessary.
- Third classified:
Subsidy of €250, special mention and assistance to the "Nerety Event" with all expenses covered, these are: Transfer to Barcelona and hotel expenses if necessary.
It should be noted that the prizes are not transferable by the winning Participant.
VERIFICATION AND COMMUNICATION OF THE WINNERS
The 30 finalists, as well as the 3 winners, will be communicated through social networks and/or on the Organizer's Platform, specifically on this page.
Likewise, the prizes will be communicated by the Organizer to the email address indicated by the Participant for these purposes.
Each winning Participant will have a period of 15 days to accept the prize from the time it is communicated through the channels provided in these Rules. If no response is received from the winning Participant within this period, it will be understood that the winning Participant expressly renounces the prize. In the event that the next winning Participant does not reply within a new period of 15 days from the communication of the prize, the Organizer reserves the right to decide what to do with it, and may even leave it void.
In any case, Nerety will not be responsible if the winning Participant is not aware of the message or notification sent to communicate the prize.
OBLIGATIONS OF THE WINNING PARTICIPANTS
The Winning Entrant agrees that he/she is obligated to:
- Comply with and be bound by these Legal Bases and the decisions of Nerety that are binding and final in all matters related to the Contest.
In addition to the above obligations, the Winning Entrant is responsible for assuming the following Fiscal obligations:
- Once the User becomes a creditor of a prize, he is responsible for all taxes and commissions associated with the prize received. All taxes to be paid to the Tax Agency, as well as other costs and other expenses indicated, will be the sole responsibility of the winning Participant.
- In accordance with the Personal Income Tax regulations, the prizes awarded for participation in games, contests, raffles, or combinations are subject to withholding and payment on account, which will be carried out by Nerety as payer. The prizes obtained in this Contest will be subject to the relevant tax obligations. To this end, Nerety will send the winning Participant a document accrediting the value of the prize awarded for tax information purposes for their declaration.
- In addition, Nerety will comply with its obligations before the Tax Agency, in which the person with whom the withholdings have been made will be informed, providing the full tax name, the DNI/NIE, the address or postal code of the winners.
- The prizes will be paid after verifying that the User complies with all the aforementioned precepts.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The Participant undertakes to respect and enforce, where appropriate, the intellectual and industrial property rights owned by Nerety to which they have access during the Contest and to actively collaborate with Nerety in preserving their value and prestige. The Contest will not entail the granting of any right in favor of the Participant over the intellectual and industrial property rights owned by Nerety.
For the appropriate purposes, the First classified (hereinafter, and for the purposes of this clause, the "Winning Entrant”) declares assigned to the Organizer all its possible exploitation rights over the results derived from its participation (hereinafter, the “Collection”), the Winning Participant renouncing from now on to urge or attempt the inscription or registration in his favor of any industrial and intellectual property rights over the Collection, as well as any claim over it, the Winning Participant being fully satisfied, in compensation for said resignation, with the prize indicated in these Bases. This will only apply to the Collection developed by the Winning Participant for the purpose of this Contest.
Therefore, all the aforementioned intellectual or industrial property rights that derive or may derive from the Organizer for the maximum time established in the laws and/or international treaties and throughout the world, will be understood to be transferred irrevocably and exclusively in favor of the Organizer. of the Collection designed by the Winning Entrant to the Organiser, the latter corresponding exclusively to its exploitation and/or commercialization.
Specifically, and with respect to the economic rights of reproduction, distribution, public communication and transformation of the Collection, the assignment in favor of the Organizer is made until the entry into the public domain of the rights, for everyone and for all those areas necessary to the execution of these Bases. The Winning Participant undertakes to collaborate with the Organizer in the event that the latter intends to register the Collection and/or those works derived from it, in the intellectual property registry.
Authorship Acknowledgment: without prejudice to the fact that the Organizer may, where appropriate, produce, promote and market the Collection, the Winning Participant will be recognized, in accordance with the uses of the sector, the moral rights that correspond to him as the creator of the Collection. For these purposes, the Collection will be promoted and marketed, including the name of the Winning Participant, at all times.
The Winning Participant guarantees the Organizer the authorship and originality of the Collection, as well as its peaceful use, stating that there are no charges or encumbrances of any kind on it that violate the rights that correspond to the Organizer in accordance with the provisions of these Bases.
Likewise, the Winning Participating Participant guarantees that the Collection does not violate any regulations, contract or right of third parties. The Organizer will not verify these extremes nor will it be responsible for the consequences that its non-compliance could generate, both against the Winning Participant and against third parties.
Nerety may publish the data of the winning Participants (e.g. name, city of residence) in order to communicate the winners of the Contest and promote future Contests on the Nerety Platform, social networks and in all communication media. Additionally and for the same purposes, Nerety may publish the declarations of the winning Participants in the aforementioned media. These undertake to sign the corresponding license for the transfer of free image rights in accordance with the uses of the sector.
GENERAL CONDITIONS OF THE COMPETITION
Nerety and its respective employees, collaborators, Promoters, agents and representatives shall have no obligation or responsibility, including the responsibility to award any prize to the Winning Entrant, with respect to:
- Participations that contain inaccurate information or do not comply with or violate these Bases.
- Entries that are incomplete, illegible, or unintelligible, in whole or in part, due to computer, human, or technical errors of any kind.
- Entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize.
- Any inability of the winning Participant to accept the prize for any reason, not attributable to Nerety;
- If a prize cannot be awarded due to force majeure.
- Any damage, injury or loss of any kind caused by prize or as a result of misuse as a result of participation in the Contest or any promotion or activity related to the prizes.
Nerety reserves the right, at its sole discretion, to disqualify any Entrant that it believes:
- You are tampering with the entry process or the operation of the Contest.
- You are in breach of these Bases.
- Enter or attempt to enter the Contest multiple times by submitting multiple requests and/or forms. If Nerety determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Nerety reserves the right to void the entries in question.
NERETY LIMITED LIABILITY
Nerety and its respective employees, collaborators, Promoters, agents and representatives are not responsible for:
- Any incorrect or inaccurate information, whether caused by Users or by any equipment or programming associated with or used in the Contest.
Despite the fact that Nerety undertakes to comply with due diligence its obligations as organizer of the Contest contained in these Rules, it will not be responsible: for the misuse of the Internet platforms by the Participants; of errors in the content and data provided by them or in unsuccessful attempts to access these platforms related to the Contest, or their information; of errors or technical failures that may occur when processing the participations, nor of the damages that the winning Participant may suffer due to the participation in this Contest or the use of the prize, but only in terms of his responsibility in relation to their own products in front of consumers and users.
Participation in the Contest implies that the Participant has read and accepted this disclaimer clause and the Rules that govern this Contest.
In any case, if it is detected that the winning Participants have incurred in fraud or dishonesty, Nerety reserves the right to exclude them from the Contest and not award them the prize that may have corresponded to them. In addition, Nerety reserves the right to remove from the registry any Participant who is suspected of irregular action, without the need for any notification to the latter. Nerety intends that all Participants participate in equal conditions and with strict respect for the laws, morality and public order.
In the event of a technical or operational failure that hinders the normal development of the Contest and, in particular, that makes it impossible to determine the winning Participant, Nerety will terminate the Contest without the Participants having the right to receive any compensation for this reason.
In case of incidents in relation to the Contest and/or any act related to it during the period in which this is active and that is attributable to the Organizer, the User may contact the Organizer through the email indicated nextgen @nerety.com.
The Organizer undertakes to respond to all claims made by Users in a period that in no case may exceed 72 hours.
APPLICABLE LAW AND JURISDICTION
These Bases will be governed by Spanish legislation, which will be applied in what is not provided in these in terms of interpretation, validity and execution. In the event that any conflict or discrepancy arises in the interpretation and/or application of the Bases, the competent Courts will be those provided by the applicable legal regulations regarding the competent jurisdiction of consumers and users and, in any case, before the courts and the courts of Barcelona.
INDEPENDENCE OF CLAUSES
All the clauses or extremes of these Bases must be interpreted independently and autonomously, the rest of the clauses not being affected in the event that any of them is declared null by final judgment.
The Organizer will replace the clause or clauses affected by another or others that have the effects corresponding to the purposes pursued by the parties in these Bases.
MODIFICATION AND/OR CANCELLATION OF THE BASES
We reserve the right to modify this document of the bases prior to the Contest. In case of making any changes to the Bases, they will be published on the Platform and the date of their publication will be indicated, so that the User knows the date on which said modification has been made effective. In any case, the User will receive a notification through electronic means about the updating of the Nerety Bases prior to their publication on the Platform.
In the same way, and provided there is a justified and duly motivated cause, Nerety reserves the right to cancel the Contest.
In the event that the period for holding the Contest has ended, being the cancellation subsequent to this, Nerety undertakes to distribute the prizes in accordance with the established Bases. However, the foregoing shall not apply when the cancellation of the Contest is due to force majeure or circumstances beyond the control of the Organizer, in which case the latter is not obliged to award the prize.
Nerety reserves the right to make changes that result in the good end of the Contest when there is just cause or reasons of greater importance that prevent it from being carried out in the manner set forth in these Bases. Nerety reserves the right to postpone or extend the period of participation in the Contest.
Nerety reserves the right to cancel, suspend and/or modify this Contest, to change or vary any condition or requirement of this and/or these Rules, as well as to substitute the prize for a different one. In all the aforementioned cases, users would be previously informed through the aforementioned websites or social network pages.
Publication date as of October 3, 2022