LEVEL∞ AIR VENT HACK DESIGN CONTEST Terms and Conditions
The purpose of this Design Project is to receive design submissions (“Entries”) from Participants for [certain portions of a certain product] (the “Applicable Products”). Selected submissions may result in products realized by Unit.com Inc. (the “Unit.com”). By participating in the Design Project, Participants will be granted the right to use certain data set forth on this site for the limited purposes set forth in these Terms.
2.1. By submitting their Entry, each Participant agrees to share their full name and e-mail address with Kabuku Inc. (“Kabuku”)
2.2. Employees and their respective immediate families of Kabuku are not eligible to be Participants.
2.3. Except for the foregoing restriction, this Design Project is open only to all, regardless of whether such Participant is a professional designer, amateur designer, corporation, individual, or collective, and irrespective of nationality, age, or profession.
2.4. Entries in the Design Project may be made between 0:00 JST on August 23rd, 2016 and 23:59 JST on October 31st, 2016. In addition, any Participant who submits a selected Entry (such entry, a “Selected Entry” and such Participant, a “Selected Participant”) will be notified by November 2016. There are 16 Selected Participants who are scheduled in the Design Project.
2.5. Any false information provided by any Participant concerning identity or contact information and/or non-compliance with the Terms may result in the immediate elimination of the Participant from the Design Project. If the organizer is unable to notify the Selected Participant, for e.g., and without limitation, if the organizer cannot reach the Selected Participant or their contact address is unclear, an alternate Selected Participant will be selected from the remaining eligible Entries received.
2.6. No purchase is necessary. These Terms are void where prohibited by law, and participation in the Design Project is not permitted in such jurisdictions.
3. Use of 3D Data Format
3.1. Each Participant acknowledges that Kabuku retains any and all intellectual property, including copyright, in the 3D data format for the Applicable Product that is downloadable from the site (the “3D Data Format”).
3.2. Users, including the Participants, of the 3D Data Format are permitted to use the 3D Data Format pursuant to the Attribution-NonCommercial-ShareAlike 4.0 International Creative Commons license which is available here.
4.1. The judges will judge and choose the Selected Entries in their sole and absolute discretion. By participating in the Design Project, each entrant releases the Desig Project’s organizer and Kabuku, and their respective employees (collectively, the “Releasees”) from any and all liability for any claims or damages of any kind in connection with the Design Project, including, without limitation, the judges’ selection process and selection of the Selected Entries; and agrees to not make any claim against any Releasee relating thereto.
5. Rights related to the Entries
5.1. Except as otherwise set forth in these Terms, and excepting the 3D Data Format, each Participant retains all rights to the portions of their Entry that include such Participant’s originality. However, the Participants acknowledge that the organizer may use their name, photo and likeness for the Design Project’s publicity purposes and in publications without further compensation.
5.2. Each Participant acknowledges that Kabuku will retain documentation of the Entries by retaining copies of the data, and beyond the completion of the Design Project, Kabuku may use such data for its promotional purposes digitally or by printing 3D products.
5.4. After the Design Project, the Participants may sell their Entries on Rinkak, the site Kabuku operates; provided however, that this preceding sentence does not apply to Selected Participants.
6. Rights related to the Selected Entries
6.1. In consideration for payment, any and all intellectual property rights, (including, without limitation, copyright, patent rights, utility model rights, design rights, and trademark rights; and the right to obtain such rights and file applications for the same) (the “IP Rights”), and all other rights in the Selected Entries will be transferred to Unit.com. And the Selected Participants will enter into an agreement about Selected Entries between the Selected Participant and Unit.com after the Design Project. In the event of a contradiction between the agreement and the Terms, the provisions in the agreement shall take precedence over the Terms.
6.2. Each Selected Participant agrees to waive all moral rights and any other rights in, and never contest Unit.com’s rights to, their Selected Entry.
6.3. Each Selected Participant is permitted to note that they created their Selected Entry solely for their own personal publicity purposes.
7. Sale after completion of the Design Project
7.1. Each Selected Participant agrees to waive all moral rights and any other rights in their Selected Entry, and to never contest Kabuku’s rights, after completion of the Design Project, to sell their Selected Entry on this site and take any and all necessary actions in connection with such sale.
7.2. Each Participant (except for the Selected Participants) consents to Kabuku, after completion of the Design Project, selling their Entry on this site and taking any and all necessary actions in connection with such sale, and agrees to waive all moral rights and any other rights in their Entry, and to never contest Kabuku’s rights to their Entry.
8.1. Each Participant warrants that: (i) they have any and all necessary authority to submit their Entry to the Design Project; and (ii) their Entry does not violate the rights of any third party, including but not limited to any IP Rights.
8.2. If any third party claim is brought with respect to the warranties set forth in the foregoing provision, each Participant agrees that they will undertake the response to and/or defense of such claim at their own cost, and that Kabuku and any other third party will not be responsible or liable for the same.
9. Prohibited Actions
9.1. Participants are prohibited from the following actions:
(1) Actions that violate the IP Rights and any other rights of third parties;
(2) Actions that violate applicable law, court cases, decisions or orders, and any legally binding administrative actions;
(3) Actions that may disrupt public order or decency;
(4) Including extremely violent expression, pornographic expression, discriminatory expression regarding race, nationality, religious beliefs, gender orientation, or socioeconomic status, expression that incites or promotes suicide, self-harming, or substance abuse, or any other expressions that includes negative social sentiments and gives discomfort to others in their Entry, and submitting or sending such Entry;
(5) Impersonating a third party or intentionally distributing false information;
(6) Actions that benefit or otherwise cooperate with negative social forces;
(7) Religious actions or solicitations to religious groups;
(8) Actions that fraudulently harvest, disclose or provide third party personally identifying information, registration information or usage history;
(9) Using technology to fraudulently tamper with this site, intentionally using this site in a corrupted state, making inappropriate inquiries or unreasonable demands, for e.g., by unreasonably sending the same queries, and other actions that tamper with and undermine the site operator’s ability to provide this site or the Participants’ abilities to access this site;
(10) Actions that assist or promote the actions set forth in (1) through (9) above; and
(11) Any other action Kabuku deems to be inappropriate.
If a Participant is deemed to have committed any of the actions in the foregoing section, Kabuku reserves the right to disqualify such Participant and rescind their payment (if any), request a return of payment (if any), remove the sale of such Participant’s Entry, seek damages from such Participant, and otherwise make any and all demands to such Participant and undertake any and all necessary actions.
For any inquiries, please use the contact form.
11. Governing Law and Venue
11.1. The Japanese version of these Terms shall control. These terms are governed and construed in accordance with the laws of Japan.
11.2. Any suit, action, or proceeding arising out of, or in connection with, these Terms shall be exclusively brought in the Tokyo District Court or the Tokyo Summary Court, depending upon the claim amount, as the court of first instance.
Terms effective as of August 23rd, 2016