The following terms and conditions (the “Competition Terms” or “Terms”) apply to the “Art of Italicus 2021, Creative Talent - Cities Reimagined” (the “Competition” or “Promotion”). By entering this Competition, you accept and agree to be bound by these Terms, the privacy policy and any additional terms, conditions or other instructions posted on rosolioitalicus.com/creative-talent/ (the “Competition Website”). Please retain a copy of these Terms for your information.
1. INTRODUCTION
Promoter and Data Controller: Italicus ltd (“the Company” or “Promoter”) and its partner, Moniker art fair.
Competition: The title of the Competition is the “The Art of Italicus 2021, Creative Talent - Cities Reimagined”
Eligibility: The Competition is open to individual consumers who are legal residents of the 50 United States and the District of Columbia(which excludes Puerto Rico and all United States territories and possessions),UK, Italy, France, Spain, Germany, Sweden, Norway, Denmark, Greece, Russia, Netherlands, Ireland, Australia, Japan, Hong Kong(collectively, “eligible countries” and each, an “eligible country”), who are aged 21+ in US and 18+ in other countries, excluding directors, officers and employees of the Italicus ltd, their immediate families (spouse, parent, child, sibling, grandparent and/or "step" family and those living in the same household), and employees, agents and representatives of any agencies or any third parties directly associated with the Competition, and distributors, retailers of alcohol-beverage products. Void outside the eligible countries and where prohibited or restricted by law.
The Competition is subject to all applicable national, federal, state, provincial, territorial, municipal and local laws, regulations and ordinances.
Eligible cities: the Competition has 14 cities (“cities reimagined”): Los Angeles, Miami, New York, London, Barcelona, Rome, Paris, Sydney, Berlin, Milan, Athens, Tokyo, Hong Kong, Moscow, included in the inspirational brief and only one of these can be selected to take part to the Competition.
Internet access and digital device is required to enter.
No purchase is necessary. Italicus will donate EUR 1 per submission to an Italian Bergamot farm to adopt Bergamot trees to support a rural local business in Calabria.
2. HOW TO ENTER
Entry Period: The Competition opens at 00:01 British Summer Time on the 5th June 202 and closes at 23:59 British Summer Time on 3rd August 2021. Promoter’s computer is the official clock for the Competition.
How to enter: Please visit rosolioitalicus.com/creative-talent/ (“Competition Website”) where you will be asked to provide your date of birth to view and download the brief and T&C. Follow the instructions provided to create your entry, then upload your completed original artwork to the Competition Website (follow directions below and on the Competition Website carefully) and provide your name, date of birth, country of residence and email address, where requested in the online form (together, the “entry”). You must provide all required information to be eligible to enter.
Eligible Entries: For your entry to be eligible for the Competition, it must:
Include the points of inspiration identified in the brief;
Express a unique idea around your vision of the city reimagined, Italian culture and history;
Be your original digital artwork
Not breach any of the Content or Ownership restrictions stated below.
Content Restrictions: Entries which, in the Promoter's sole opinion, breach any of the following restrictions will not be accepted:
entries that target or are aimed at marketing to children or adolescents;
entries that connect consumption of alcohol with sport activities or sports or entertainment personalities;
entries that are sexually explicit or suggestive (e.g., nudity or pornography);
entries that promote any activities that may appear unlawful, unsafe or dangerous;
entries that feature, advocate, suggest, condone, or treat in a humorous manner the excessive, underage or irresponsible consumption of alcohol;
entries that feature violent, derogatory, profane, vulgar, indecent, racist, or cruel content, including but not limited to words or symbols that might be considered offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group;
entries that portray Promoter or Promoter's brands or products in any way that may give rise to public contempt, scandal, disrepute or ridicule or that defame, misrepresent or contain disparaging remarks about Promoter or other people or companies;
entries that communicate messages or images inconsistent with the positive images and/or goodwill associated with the Promoter;
entries that include any picture, drawing or representation of any official flag, symbol, emblems, names or currency of any country, state, province, territory or locality, except in accordance with any prohibitions or restrictions provided for in national, federal, state, provincial, municipal, or local law, regulation, or ordinance;
Ownership restrictions. Any entries must be your own original work and cannot contain, incorporate or reference anything that is owned by any third party or entity or would require the consent of any third party or entity in any jurisdiction. Except as otherwise provided by law, entrants shall indemnify and hold the Promoter harmless for any breach of this provision or the provision regarding third parties, below. This includes:
trademarks, logos, or trade dress (such as on clothing, or distinctive packaging or building exteriors/interiors) owned by others;
any personal identification;
copyrighted materials owned by others (including songs, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media);
materials embodying the names, likenesses, voices, or other indicia identifying any third parties, including, without limitation, celebrities and/or other public figures, living or dead;
official emblems, flags, currency (or pictures thereof), or names of any country;
or
any other intellectual property right.
Third parties: If your entry depicts individuals other than you (the entrant), then:
you must make all those depicted in the entry aware that you are submitting an entry that depicts them, and obtain their consent, to do so by using the release form provided at https://rosolioitalicus.com/creative-talent/
if requested, you must provide the release form to the Promoter that all depicted have agreed in writing that you may submit such entry;
and
all those depicted in the entry must be 21 years of age or older (and on request, you must be able to provide proof of this) and look 21 years or older.
There is a limit of one (1) entry per individual to the Competition. If you enter more than one time, only your first entry will be accepted, and all subsequent entries will be disqualified. Entries on behalf of another person will not be accepted and joint submissions are not allowed. Any attempt by any entrant to obtain more than one (1) entry by using multiple and/or different identities, registrations, email addresses, logins, or any other methods will void all your entries (other than the first one), and you may be disqualified at Promoter’s sole and absolute discretion. In the event of a dispute as to any entry, the authorized account holder of the email address submitted at the time of entry will be deemed to be the entrant. The “authorized account holder” is the person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Promoter or forfeit the prize.
Entries must not have been submitted previously in a promotion of any kind or exhibited or displayed publicly beyond social media channels (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
The Promoter reserves the right at any time, in its absolute discretion, to:
verify the eligibility of any entrant or entry (including their age, place of residence, and originality of the entry);
disqualify any entrant found to be abusing or tampering with the operation of the Competition or entering using fraudulent means, or who the Promoter believes to have acted in breach of these terms and conditions;
disqualify entries from individuals providing creative services to competitors of Promoter;
or
disqualify entrants who do not give correct contact details or those who make an entry on someone else's behalf;
disqualify entrants whose entry is being commercially exploited by other parties;
or
disqualify entrants who otherwise violate any provision of these Terms.
3. DETERMINATION OF GLOBAL PRIZE WINNERS
There are going to be announced 14 winners, one per each city reimagined, on 1st September 2021.
A Public online vote/judging will contribute to the selection criteria, as described below.
The Promoter, from 4th – 8th August 2021, will review all eligible entries received during the Entry Period to determine eligibility.
From 10th – 20th August 2021 (“Voting Period”), all eligible submitted artworks (as part of the entry) will be available at rosolioitalicus.com/creative-talent/ (“Voting Site”) for a public view gallery and vote. You may vote by clicking on the entry in which you wish to vote for on the Voting Site (“Vote”). Voters must be legal residents of the 50 United States and the District of Columbia (which excludes Puerto Rico and all United States territories and possessions), the UK, Italy, France, Spain, Germany, Sweden, Norway, Denmark, Greece, Russia, Netherlands, Ireland, or Australia, 21 years of age or older (“Voters”). Limit three (3) Votes per person. Votes can influence up to 50% of the Jury Judging, subject to verification of Votes. NOTE: Votes generated by any calling software or any other automated means or votes by any means that subvert the voting process or do not conform to the spirit of these Terms will void the Votes and may disqualify the Voter. By participating, Voters agree to these Terms and the decisions of the Promoter, which shall be final and binding in all respects (and they understand that Promoter has the sole discretion as to who are determined the winners).
The Jury Judging. 21st – 25th August 2021, a selected Jury will determine the 14 winners on the basis of the “Judging Criteria”: Creativity (25%), Originality (25%), and Best Expression of one or more of the Italicus visions of Italy and city reimagined (50%) as also expressed by the Vote. The Judging Criteria will determine the winners but as the scores can be close, the Votes will help determine the winners based on the entries with higher Votes.
Global Winner Determination. Each winner will be notified via email on or about 26th August 2021 at the email address provided at time of entry. The winner will have 3 days, starting from the date of the notification, to confirming to the Promoter that he/she is will be asked to sign an Affidavit/Declaration of Eligibility and Intellectual Property and Liability Release and other documentation required to effectuate delivery of prize, and to provide further proof of age, country of residence, and ownership of the entry. Provision of a non-working email, failure to respond to winner notification within required time provided, failure to sign documentation and/or provide required information, and/or failure to meet any other requirement of these Terms will result in forfeiture of prize and determination of another winner in accordance with the winner determination described above. Further to above and for avoidance of any doubts, the announcement of winners means notification of particular entries selected by the public and the Judges by the 25th August 2021. If you have not received any notification by the mentioned deadline, your entry has not been determined a winner. Entries that are not determined as winners will not receive further notification, nor will their entries be returned.
Prizes will be awarded to the 14 winners whose entry meets the entry criteria and, in the opinion of the jury, have the highest overall scores from the Judging Criteria. The determination of winners will only be based on skill with Voting as an influence. The 14 Winners will be notified via email before 1st September 2021.
4. PRIZES
Prize: Alcohol is not part of any Prize. There are fourteen (14) prizes available for 14 cities reimagined (each, a “City Winner” or “winner”).
The prize for each City Winner (“City Winner Prize” or “prize”) is €1,000, or equivalent value in voucher in jurisdictions where a check prize is not permitted; value of an equivalent prize will be determined by the Promoter.
Approximate Market Value (“AMV”) of prizes for City Winners is €1,000 excluding tax, or its equivalent in the local currency of each participating country.
The value of a voucher equivalent portion of prize will be determined by the Promotor.
The total value of all the prizes to be awarded is no greater than €14,000.
The prize(s) is/are as stated and must be accepted as awarded in its/their entirety. Prizes are not transferable and there is no alternative prizes or cash substitutes in whole or in part; however, if a prize is not available, Promoter reserves the right to modify or substitute any of the above prizes with an equivalent prize of equal or greater value and features. If the winner is not able for whatever reason to accept his or her prize in its entirety, then the Promoter reserves the right to determine an alternative winner in accordance with the Winner Determination Criteria described above and award that prize to another entrant.
The prize values indicated are maximum amounts. If the market or commercial value of a prize differs from this maximum amount, there will be no additional compensation for the difference to the City Winners.
Prize funds, where applicable, will be paid within 28 days of award/acceptance directly into the winner's bank account.
Except where otherwise required by law, any tax liability and reporting is the responsibility of the winner, who may be required to pay tax on the value of the prize, including the flight, the hotel stay, etc. In countries where it is the responsibility of the Promoter to pay taxes, the Promoter will provide the winner with the prize money after it has deducted the taxes required by law. Winner may wish to consult with experienced tax counsel, at his or her own expense. The winner will sign all the appropriate tax documentation and forms requested by law or may otherwise forfeit the prize, which will then be awarded to an alternate winner in accordance with the Winner Determination Criteria above.
It is the responsibility of the entrant[s] to provide their correct, up-to-date details when entering the Competition and/or confirming acceptance of the prize for their prize to be delivered/arranged. The Promoter cannot be held responsible for any winner failing to supply accurate information which affects the delivery of the prize.
The Promoter reserves the right to verify the winner[s], including but not limited to age, name and address, as well as their eligibility at the time of winner notification. If a winner[s] is/are unable to prove identity or cannot qualify the information provided at entry, or where there are reasonable grounds to believe there has been a breach of these Terms, prize entitlement will be withdrawn and awarded to a runner up chosen in accordance with the Winner Determination Criteria above.
Except where otherwise prohibited by law, it is a condition of awarding the prize that the winner[s] undertake[s] to take part in all publicity relating to this Competition (“footage”), including filming and photography, with no further recompense, and the winner gives permission for any content generated in which they appear to be featured across all media channels controlled by the Promoter. The winners agree[s] to comply with reasonable requests of the Promoter to execute any releases or other documents deemed necessary to effectuate this intent, including but not limited to during any filming and prize fulfilment.
5. INTELLECTUAL PROPERTY
License to Intellectual Property rights in entries: Except where prohibited or otherwise restricted by law, by entering the Competition, and in consideration of its participation in the Competition, each entrant grants the Promoter a worldwide, perpetual, irrevocable, exclusive, transferable, royalty free and sub-licensable right and license to use reproduce, modify, adapt, publish or display (in whole or in part) any intellectual property contained in the content of their entry (and if applicable, footage), without royalty, payment or other compensation, as part of the marketing or promotion of the Competition (including featuring the entry on the Competition Website/Voting Website) in any medium and in all channels without any temporary or special limit. This license shall include the right to create derivative works from the entries (and any footage from the Global Event) and the right, at the Promoter's sole discretion, to add additional logos, taglines and/or the Promoter's intellectual property on the artwork. To the fullest extent permitted by local law, each entrant agrees not to assert any moral rights in relation to the use above and warrants that they have full authority to grant such rights. If an entry/footage is included on the Competition Website or is used as part of the marketing or promotion of the Competition, where practicable it will be properly attributed to the submitting entrant. Each entrant agrees to sign any and all documents as may be needed under applicable laws to enforce this license.
License to Intellectual Property rights in the entry of the Semi and Global Winners: Except where prohibited by law, as a condition of the award of the prize, each winner grants the Promoter a worldwide, perpetual, irrevocable, exclusive, transferable, royalty free and sub-licensable right and license to use reproduce, modify, adapt, publish or display (in whole or in part) any intellectual property contained in the content of their entry, without further royalty, payment or other compensation other than the prize, for marketing or promotional purposes, in any medium and in all channels, without any temporary or special limit. This license shall include the right to create derivative works from the entries and the right, at the Promoter's sole discretion, to add additional logos, taglines and/or the Promoter's intellectual property on the artwork. To the fullest extent permitted by local law, each Local Winner and each Global Winner agrees not to assert any moral rights in relation to the use above and warrants that they have full authority to grant such rights. If an entry is included on the Competition Website or is used as part of the marketing or promotion of the Competition, where practicable it will be properly attributed to the entrant. Each winner agrees to sign any and all documents as may be needed under applicable laws to enforce this license.
License to use the Promoter's Intellectual Property: You are not granted any rights to use any intellectual property rights of the Promoter for any purpose other than in relation to your participation in the Competition. You are permitted to share your entry on social media, provided you clearly, prominently and conspicuously disclose that it is your entry to the Competition and/or include the hashtag #ArtofItalicus #Italicus #CreativeTalent #AOI2021 and provide a link to the Competition Website. In no event shall permission of the Promoter to share your entry be considered appointment to promote the Promoter's brands.
Publicity Release. Except where prohibited or otherwise restricted by law, each winner authorizes the Promoter and its designees to use the winner’s name, voice, likeness, photograph, prize information, biographical data and city and state/province/country of residence and footage in programming, advertising, trade and/or promotional material or on a winner’s list (if applicable) without compensation or notice, to the extent permitted by law, for use in any and all media now known or hereafter developed in perpetuity and worldwide. The Promoter is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Promoter's sole discretion, without obligation or compensation. Each winner agrees to sign any and all documents as may be needed under applicable laws to enforce this license.
Similar entries/campaigns: Entrants acknowledge that other entrants may submit entries that may be similar to their own, and that the Promoter may inadvertently develop campaigns in the future which may be similar, and that they will not be entitled to any compensation or right to negotiate with the Promoter over such matters.
6. GENERAL
This Competition is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, YouTube or any other social media platform. You understand that you are providing your information to The Italicus Company and not to any social media platform.
Disclaimer/Limitation of Liability and Release. To the fullest extent permitted by law, by participating in this Competition, each entrant agrees to release, discharge and hold harmless Promoter, its parents, affiliates and subsidiaries, Facebook, Instagram, Twitter, YouTube, the Competition judges, its advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Competition or any Competition-related activity or the acceptance, possession, use or misuse of any awarded prize. whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Competition, including, without limitation, errors or difficulties which may occur in connection with the administration of the Competition, the processing or judging of entries, the announcement of the prizes, or in any Competition - related materials. THE RELEASE DOES NOT APPLY TO PERSONAL INJURIES, DEATH, DAMAGES, OR LOSSES CAUSED BY RELEASED PARTIES’INTENTIONAL OR GROSS NEGLIGENCE, MALICE, OR FRAUDULENT REPRESENTATION.
The Promoter takes no responsibility for entries that are delayed, incomplete or lost due to technical reasons or otherwise. The Promoter does not guarantee continuous uninterrupted or secure access to the website. Numerous factors outside the control of the Promoter may interfere with the operation of the Competition Website. The Promoter accepts no responsibility for system errors or other issues that may result in disruption to winner notifications or prizes. The Promoter will not be responsible for the non-inclusion of entries, including any such failure which is within the control of The Promoter.
To the fullest extent permitted by law, and subject to any required legal approvals, the Promoter reserves the right in its absolute discretion to add additional terms or to waive any of these terms and conditions, or to suspend or cancel the Competition at any stage, in the event fraud, technical failures, or of circumstances that are unforeseen or beyond its reasonable control (including suspected or actual fraudulent or misleading practices or other breaches of these terms and conditions). In the event of cancellation, Semifinalists will be determined in accordance with the Winner Determination Criteria above and in the event, the Voting is cancelled, Semifinalists will be determined based solely on the Judging Criteria from among all eligible entries received prior to cancellation.
Any decision of the Promoter in respect of the Competition is final in all promotional matters. The Promoter reserves the right, at its sole discretion, to eliminate or disqualify any entries or entrants that it regards as being in breach of these Terms or the spirit of the Competition.
These Terms prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. In the case of translation of these terms and conditions, the English version thereof will prevail.
Except where prohibited by law, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Competition shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Competition, but in no event attorneys’ fees; (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased.
Subject to local laws according to which a consumer may bring proceedings in the courts for the place where the consumer is domiciled, the laws of England and Wales apply to this Competition, and the English and Welsh courts shall have exclusive jurisdiction over any proceedings in connection with this Competition.
If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable, then it shall be severed and deleted from these Terms and the remaining clauses shall survive and remain in full force and effect.
Data Protection: Any personal data provided by entrants to the Promoter (including name, country of residence, email, address, date of birth or any other data shared with the Promoter and third parties involved in the administration of the Competition as part of their entry or otherwise) is required for the administration, management and fulfilment of this Competition. To exemplify, personal data is needed for purposes such as communicating with the entrants, awarding prizes as well as making winners’ details available to the public. Personal data of the entrants will be kept until the Competition is fully administered, but in any event, no longer than six (6) months after the Competition has ended. The Promoter may require the winners to provide additional personal data in order to administer the Competition. Winners’ data will be saved as long as there is a licensing relationship between the Promoter and the winner. Entrants have the right to access, withdraw, and correct their personal data and under certain circumstances to oppose the collection or processing of personal data, and request the status of Promoter’s use or sharing of personal data. All personal data submitted by the entrants is subject to and will be treated in a manner consistent with these Terms and as described in Promoter’s Privacy Policy.
Winners’ List: Names of the winners will be available after the Global Event at rosolioitalicus.com/creative-talent/. Winner's name, country of residence and artwork will be shared, but no other information about the winner will be made available.
Terms: The Competition Terms are available free of charge to any person by accessing the Promoter’s website rosolioitalicus.com/creative-talent/
