FREE PARTICIPATION. NO PURCHASE IS NECESSARY TO ENTER OR WIN. THIS IS A CONTEST OF SKILL AND CHANCES OF WINNING DEPEND SOLELY ON THE QUALITY OF THE ENTRANT’S ONLINE ENTRY. BY PARTICIPATING IN THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT BETWEEN YOU AND ORGANIZERS (XIAO GUAN TEA AND YOUNG BIRD PLAN), SO READ THEM CAREFULLY BEFORE ENTERING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Young Bird Plan is the only one who owns the copyright of these official rules’ content. No one shall use them without prior authorization. Official rules include two parts entering process and prizes award.
During registrations the Entrants will select a password for log-in (herein after referred to as‘Access Data’) to submit their entry(ies) to the Contest (collectively, the ‘Submission’). The applicant is obligated to keep his/her Access Data secret and prevent unauthorized use by third-parties. Organizers are not responsible for any data damages or loss caused by entrant’s loss or misuse of password.
To promote a smooth contest, the submission must follow the technical, creative, and legal requirements published on the Contest Website and in these Official Rules, including but not limited to the Content Guidelines (defined below). All entries that are late, illegible, incomplete, or otherwise not in compliance with these Official Rules may be disqualified from the Contest at organizers’ sole and absolute discretion.
In the event of a dispute as to the identity of any Entrant who submits an entry, the entry will be deemed submitted by the holder of the e-mail from which it was sent but only if such person is otherwise eligible. The ‘account holder’ is the person assigning an e-mail address or username by the entity responsible for assigning it (e.g., Yahoo).
Organizers and affiliated entities are not responsible for lost, misdirected, misplaced, tampered, deleted, or invalid entries.
Please note that, contestant’s transfer of intellectual property rights (except the right of authorship) of the entry which wins the opportunity to be fabricated, will be deemed to have agreed to support the modification and implementation of his/her work. If contestant is unable to help these procedures, the competition team reserves the right to pay part of his/her prize money to commission a third party, in order to ensure the success in realizing this design. And correspondingly, the third party will be included in the project information.
a. The Work must not be inappropriate, libelous or defamatory, harassing, abusive, threatening, harmful, vulgar, profane, excessively violent, racially, ethnically or otherwise objectionable or offensive, obscene, pornographic, sexually explicit.
b. Except for works that are in the public domain, each Submission, in its entirety, must be a single work of original material created by the Entrant, or for which Entrant has all rights required to comply with these Official Rules, and suitable for presentation in a public forum. By entering the Contest, the Entrant represents, acknowledges, and warrants that the submitted work is an original work created solely by the Entrant, that the work does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the work. The Work must not violate or encourage others to violate any applicable law, statute, ordinance or regulation. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Submission. Entries that contain brand names, trademarks or company logos are subject to disqualification.
c. The Work must not involve physical harm to any person or animal;
d. The Work may not use any watermarks or artist signatures;
e. It is important that you keep your design(s) confidential until the results of the competition are published.
f. The Work and Submission must not contain any viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code or content that may harm or compromise the Contest Site and/or the proper conduct of the Contest.
Unless agreed, all Works submitted will remain the exclusive property of the Entrant. Organizers will have the right to use all of the Works submitted and all images depicted therein, in any promotion or for any non-commercial purpose. By submitting a Work, Entrant grants organizers the non-exclusive, unlimited, royalty-free, rights to publish in all media platforms now known or hereafter discovered, and publicly display all Work for an unlimited period, and worldwide. The organizers has the right to apply minor changes, amendments without damaging the integrity of the Work, e.g. adding the Xiao Guan Tea × Young Bird Plan Guanish Product Design Competition logo and text, reframing, translation, changing colors, cutting the background or parts of it. In case the organizers want to bring major changes to the submitted Work for publication, public relations, or exhibition purposes, the organizers will contact the Entrant and inform him/her about the use to obtain the Entrant’s consent.
Each Entrant, by participating in the Contest, except where legally prohibited, grants permission for the Contest Entities and their designees to use his/her name and prize information for advertising, public relations and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, for an unlimited period, without notice or review or approval.
Entrants agree that organizers shall have the sole discretion in determining the extent and manner of non-commercial use of Submissions and are not obligated to use any Submission. Each Entrant acknowledges that other Entrants may have created plans and concepts contained in their Submission that may have analogies or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these analogies or similarities.
By submitting a design in the competition, the participant agrees to provide the competition organizers with the right of first refusal to the exclusive use of the design.
The competition organizers will do their utmost to realize winners’design. In the event that organizers exercise the option to use the rights for production on an exclusive basis and sine die (without time limitations), the organizer (Young Bird Plan) will pay a one-off fee to the participant for the transfer of intellectual property rights (except the right of authorship). Entrant undertakes not to transfer the intellectual property rights of entry to any other third party for the duration of the competition, or without the written statement of relinquishment signed by the organizers.
(The Entrant acknowledges and agrees that any disclosure to third parties of confidential ideas included in the Work may jeopardise the possibilities for registering the intellectual property rights to the Work. In the event that the Entrant has disclosed any such confidential information to third parties before submitting the Work, the applicant undertakes to inform the organizers immediately of the nature and extent of any such disclosure).
Each Entrant represents and warrants that he or she has read, understood and will follow the Official Rules. Entrants further agree and warrant that their Submission and all materials and matter therein:
(1) (except for works that are within the public domain) are wholly original with such Entrant and are not a copy or imitation of any other materials;
(2) will not infringe or violate any right whatsoever, including but not limited to any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and
(3) are not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her Submission to any other third party. Further, each Entrant represents and warrants that organizers’ use of any Submission shall not violate an agreement to which such Entrant has signed. Entrants agree to indemnify and hold the organizers harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules or Contest activities.
During the judging procedure, the submissions will be reviewed by a team of judges (‘Judges’) consists of Tim Kobe, Hideo Kambara , Chuxuan Feng, founder of Xuxu Huasheng Media Group, Guoying Du, founder and CEO of Xiao Guan Tea, Wei Di, Design and Development Director of Xiao Guan Tea and Isa Ye, Founder of Young Bird Plan. They will review and judge the eligible Submissions based on the judging criteria published on Young Bird Plan website (collectively, the ‘Judging Criteria’).
The organizers are not responsible for false, incorrect, changed, incomplete or illegible contact information. If the organizers are unable to contact a Finalist or a Finalist is not in compliance with these Official Rules, the prize will be forfeited and, at organizers’ discretion, an alternate winner selected. Non-compliance shall result in disqualification and award of the prize to an alternate winner. If any potential Finalist is found to be ineligible, or declines the prize for any reason prior to award, such potential Finalist may be disqualified and an alternate potential winner may be selected. The Contest Entities are not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify a potential Finalist.
Award details will be released on Young Bird Plan website.
Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged Submissions; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing/reviewing of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Contest Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer or mobile device related to or resulting from participating in this Contest or downloading materials from or use of the Contest Website. Persons who tamper with or abuse any aspect of the Contest or the Contest Website or who are in violation of these Official Rules, as solely determined by organizers, will be disqualified and all associated entries will be void.
Should any portion of the Contest be, in organizers’ sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the organizers, corrupt or impair the administration, security, fairness or proper play, or Submission of entries, or should the Contest be unable to run as planned for any other reason, organizers reserve the right, in their sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by organizers. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s e-mail account to receive e-mail messages.
CAUTION: ANY ATTEMPT TO DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ORGANIZERS WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING BUT NOT LIMITED TO LEGAL COSTS, APPRASIAL FEES, ATTORNEYS’ FEES, NOTARIAL FEES, AND MAINTANANCE COSTS) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
By participating in the Contest, Entrants agree to release, discharge and hold harmless Organizer, Co-organizer and each of their parent companies, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (‘Released Parties’): from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Entrants’participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Organizers maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel as a part of the prizes provided in connection with the Contest; and will not be responsible or liable for any injury, expense, accident, delay, inconvenience or other irregularity that may be caused. Each Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. The Released Parties are not responsible for the actions of Entrants in connection with the Contest, including Entrants’attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest.
In the event organizers are prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any country, federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within organizers’s control (each a “Force Majeure” event or occurrence) organizers shall have the right to modify, suspend or terminate the Contest. Organizers additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Contest should causes beyond organizers’ control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest.
Shortlisted winners, TOP 30, TOP 10, TOP 3 winners and the champion will be available online at Young Bird Plan official website and WeChat Official Account.
General visitor data
We retain general details from visitors to this website. These include in particular your computer’s IP address, the time of your visit and details that your browser provides. We use these for statistical analysis of visitor behavior on the website. We do not make details of individual visitors available to third parties.
Registration, personal details and email
When you fill in the registration form on the website or send us an email, the details you send us are retained as long as is necessary to deliver a complete response. Your privacy will not be made available to third parties unless legal requirements demand it.
Publications about the designs submitted and their creators are described in the terms and conditions section of the website www.youngbirdplan.com.cn. In any publications, no personal details will be published apart from the name of the creator.
In the event that individual Terms become entirety or partially invalid or impracticable, the validity of the remaining Terms shall not be affected. Instead of the invalid or impracticable Terms the Parties will agree upon such reasonable Terms that correspond as closely and legally possible to what the Parties – if they had considered the matter initially in light of such invalidity or impracticability – would have agreed upon according to the sense and purpose of these Terms. The same shall apply to omissions.
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