The following terms and conditions (the “Competition Terms” or “Terms”) apply to the “Art of Italicus 2020, Creative Talent” (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 2020, Creative Talent”
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 (collectively, “eligible countries” and each, an “eligible country”), who are aged 21 through 35 years old, 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.
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 2nd June 2020 and closes at 23:59 British Summer Time on 13th July 2020. 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: <ul">
Include the points of inspiration identified in the brief;
Express a unique idea around your vision of 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 SEMIFINALISTS, FINALISTS & GLOBAL PRIZE WINNERS
A Public online vote/judging will determine the 10 Semifinalists, as described below.
The Promoter, from 14th – 19th July 2020, will review all eligible entries received during the Entry Period to determine eligibility and then a panel of judges will judge all entries based on the Judging Criteria defined below.
From 20th – 30th July 2020 (“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. At the conclusion of the Voting Period, the Top 10 Semifinalists who will proceed to Jury Judging will be determined based 50% on Votes and 50% on the Judging Criteria, subject to verification of Votes. In the event of a tie when determining the Top 10 Semifinalists, the Sponsor will re-judge tied Semifinalists based solely (100%) on the Judging Criteria below to determine the applicable Top 10 Semifinalist. 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 is determined the Top 10 Semifinalists).
Semifinalist Notification. Each Semifinalist will be notified via email on or about 3rd August 2020 at the email address provided at the time of entry. The Semifinalist will have 5 days, starting from the date of the notification, to confirming to the Promoter that he/she is eligible and willing to participate and providing all required information to enable the Promoter to promote the artwork. Semifinalists may be asked to sign an Affidavit/Declaration of Eligibility and Intellectual Property and Liability Release and other documentation required to make travel arrangements and effectuate delivery of the 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 Semifinalist notification within the required time provided, failure to sign documentation and/or provide the required information, and/or failure to meet any other requirement of these Terms will result in forfeiture of prize and determination of another Semifinalist in accordance with the Semifinalist determination described above.
Further to above and for the avoidance of any doubts, the announcement of Semifinalists means notification of particular entries selected by the public by the 3rd August 2020. If you have not received any notification by the mentioned deadline, your entry has not been determined a Semifinalist. Entries that are not determined as Semifinalists will not receive further notification, nor will their entries be returned.
The Jury Judging. 10th – 31st August 2020, a selected Jury will determine the top 3 Finalists from among the 10 Semifinalists. During this time, the Semifinalists’ artwork will also be promoted on the Promoter’s social media websites. The jury will determine the Global, Second and Third Place 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 (50%). The Global, Second and Third Place winners will receive round trip economy air transportation for the winner to the Global Event, as well as standard hotel accommodations for 2 nights. Any other costs or expenses associated with the prizes not specified herein will be the responsibility of the winner, including without limitation, ground transportation to/from the departure point, ground transportation to/from the hotel, communication charges, gratuities, optional tours, insurance and medical travel documents.
The terms of the trip shall be determined at the discretion of the Promoter. See “Prizes” section for further details.
Semifinalist Winners. The remaining 7 Semifinalists (who are not determined Top 3 Finalists) will be the Semifinalist Winners and will receive the Semifinalist Prize.
Global Winner Determination. The 3 Finalists must attend the Global Event, to be held during a Global Brand Event on a Sponsor-specified date in 2021 (“Global Event”). Prizes will be awarded to the top 3 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. The Top 3 Winners will be notified online by 1st September 2020.
4. PRIZES
Prize: Alcohol is not part of any Prize. There is one (1) prize available for a global winner (“Global Winner”), one (1) prize available for the 2nd Place winner and one (1) prize available for the 3rd Place winner, 7 Semifinalists (“Semifinalists Winners”), will each receive one (1) Semifinal Prize.
The prize for the Global Winner (“Global Winner Prize”) is £1,000, the prize for the 2nd Place winner is £800, the prize for the 3rd Place winner is £600, 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.
Each of the 7 Semifinalist Winners will receive £250, or the equivalent value in voucher where a check prize is not permitted.
Top 3 Winners will also receive a trip to a global event (“Global Event”) in a to be determined city/country, for a brand celebration with Italicus, to be confirmed, including 2 nights’ accommodations in a standard single-occupancy hotel room and round-trip airfare, economy class for winner from the nearest airport to the place of residence of the winner. If winner lives within 350 km of the city where the Global Event will be held, ground transportation will be provided from Local Winner’s residence to the location, in place of round-trip airfare.
Approximate Market Value (“AMV”) of prizes for Winners including cash/voucher prize and trip: Global Winner is £2,300 excluding tax, 2nd Place winner is £2,100 excluding tax, 3rd Place Winner is £1,850 excluding tax, or its equivalent in the local currency of each participating country. AMV of prize may vary based on distance of winner from location of Global Prize Event; listed value is based on value of trip from New York, USA to London, UK.
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 £8,000.
Any other costs or expenses associated with the prizes not specified herein will be the responsibility of selected winner, including without limitation, ground transportation to/from the departure point, ground transportation from airport to hotel, communication charges, gratuities, optional tours, insurance and medical travel documents. Promoter will not be responsible if weather conditions, Event cancellations, or other factors beyond Promoter’s reasonable control prevent the prize or part of the prize from being fulfilled, and winner will not be entitled to compensation in lieu thereof. Winner must have no restrictions on his/her ability to travel or to fully participate in the travel portion of the prize or the prize and/or eligibility for any prize may be forfeited, in whole or in part and may, at the Promoter’s discretion, be awarded to an alternate entrant. Winner is responsible for obtaining all necessary travel documentation and permissions. Winner must travel on the dates and travel carriers and stay at the accommodations as determined by Promoter in its sole discretion or prize may be forfeited. Promoter will not be responsible if winner is denied entry onto aircraft, into the destination, or return entry into departure point. In such a situation, the winner will be responsible for any and all additional costs incurred. In the event that a winner resides within a 350-kilometer radius of destination, ground transportation (including without limitation train transportation) may be awarded and no compensation or substitution will be provided for the difference in cost (if applicable). Winner must obey all hotel and Event rules and requirements, including the hotel requirement to present identification and a major credit card on check-in. Failure to follow such hotel and event rules and requirements may result in, without limitation, ejection from the Event, non-admission to hotel and forfeiture of all or part of the prize.
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/Semifinalist.
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 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 delivery of the prize.
Top 3 Winners are responsible for obtaining all required travel documents, including but not limited to passport and/or visa for winner, at their own expense.
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, 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 and to behave appropriately at all times during Global Event, including but not limited to during any filming and prize fulfillment.
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, 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 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 #AOI2020 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 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/
