TERMS AND CONDITIONS

Wharf Real Estate Investment Company Limited (“Organiser”) is the Organiser of “The Wharf Hong Kong Secondary School Art Competition 2019-20” (“Competition”). All entrants should carefully read and fully understand the following Terms and Conditions prior to enrolling in the Competition.
  1. Eligibility Requirements

    Each entrant shall comply with the rules set out in the Competition Brief, namely, “Eligibility”, “Theme”, “Submission Requirements”, “Entry Requirements” and “Submission Deadline”, failing which the entry will be disqualified / not be entertained and the Organiser will not make any further notice thereupon.
  2. Entry

    1. Each entrant can only submit one entry for each category. Multiple submissions within each category will not be entertained. Incomplete, inaccurate or late entries or online applications will not be accepted.
    2. Entrants are free to create on any theme, yet the Organiser has the right to disqualify any entries which are obscene, vulgar, sexually explicit, lewd, derogatory or offensive.
    3. The design concept statement and the entry must be the entrant's original and sole work without infringing any intellectual property rights and / or other rights of any person or entity. Assistance from third party is not allowed.
    4. The entry must not have been published or presented publicly or awarded with any prizes in Hong Kong or elsewhere before.
    5. Whenever disputes arise, the Organiser has the sole and absolute discretion to determine whether any entry should be disqualified and its decision shall be final.
  3. Awards and Prizes

    1. Decisions reached by the Panel shall be final and non-appealable. However, the Organiser reserves the right to forfeit the award(s) from the winner(s) and transfer the award(s) to such other entrant(s) as the Organiser deems fit if the winner(s) is / are disqualified for any reason at the discretion of the Organiser, including breach of and / or non-compliance with the Terms and Conditions.
    2. The Organiser has absolute discretion as to the total number of awards and prizes to be awarded in this Competition. The prizes will be subject to any changes thereto as the Organiser sees appropriate.
    3. Winners of the awards will be notified separately via phone and email within 1 week after the result annoucement. Failure of any winner to respond to the notice within 1 week after the notification will lead to forfeiture of the award, which may then be awarded to another appropriate entrant.
  4. Property Rights / Intellectual Property Rights

    Upon signing the Agreement which contains the Terms and Conditions, the entrant agrees to waive any right or interest he / she may have in the entry, design concept statement and all intellectual property rights therein (“the Works”) and further agrees that the Works shall be assigned to the Organiser and become the properties of the Organiser. No part of any Works will be returned to the entrant. The Organiser reserves the right and absolute discretion to deal with and dispose of the Works at any time, including whether to return the Works to the entrant upon special request and subject to any conditions that may be imposed, provided that if the Organiser shall in its absolute discretion decide to return the Works to any entrant as aforesaid, the entrant shall accept the return of the Works on an “as is” basis and any conditions that may be imposed. Under no circumstances shall the Organiser take or assume any responsibility for any damage caused to the Works or any change in their condition.

    Winners of the awards undertake to seek the Organiser’s prior written consent before submitting his / her Works to any other art competition. If the Organiser has consented to the submission of the Works in another art competition, the winner should inform the other competition’s organiser that the intellectual property rights of the Works belong to the Organiser when he / she submits the Works in the other competition. Further, the winner shall procure the organiser of that other competition to give credit to the Organiser when the images, photos and videos of the Works are being displayed in any promotional materials, publication and online platform of that other competition’s organiser. The winner also undertakes to give credit to the Organiser when the images, photos and videos of the Works are being displayed at any occasion or social forum (including but not limited to Facebook or Instagram).
  5. Personal Data

    1. For the purposes of this Competition and for “The Wharf Young Art Ambassadors” scheme (“Scheme”) (if applicable), the entrant will have to provide the Organiser with personal data. Failure to do so shall result in non-acceptance to this Competition and rejection of enrolment to the Scheme.
    2. Each entrant warrants and represents to the Organiser that all personal data provided for the purposes of this Competition and for the Scheme (if applicable) are true and accurate.
    3. All entrants of the Competition are eligible for enrollment as a member of the Scheme by completing the Declaration under Part D of the Entry Form.
    4. Each entrant confirms that he / she consents to the Organiser’s use of the personal data for the purposes of this Competition and for the Scheme (if applicable), such use to be in accordance with the Personal Data (Privacy) Ordinance.
    5. The personal data collected for the purposes of this Competition will be kept by the Organiser till the end of the Competition, and thereafter will be destroyed. If the entrant also agrees to enrol as a member of the Scheme, his / her personal data collected will be kept until he / she ceases to be a member of the Scheme and thereafter destroyed within a reasonable time. The entrant or member of the Scheme may request access or make changes to the personal data already submitted to the Organiser by calling at (852) 2118 8008 or sending email to art@harbourcity.com.hk.
    6. The Organiser may disclose the personal data submitted by the entrants when required by law or court order, or as requested by the government or law enforcement authorities, or in the good faith that such disclosure is necessary or advisable to protect the rights or properties of Wheelock and Company Limited, The Wharf Group and their subsidiaries.
    7. The Organiser may disclose the personal data collected to third parties for the purpose of this Competition to the external service providers or website developers or other parties engaged by the Organiser to assist with the development, organisation and administration of the Competition.
  6. Disclaimers

    1. To the fullest extent permitted by law, the Organiser expressly disclaims all warranties or representations in relation to the awards, including and without limitation to, all implied Terms and Conditions as to merchantability, fitness for a particular purpose and exercise of care and skill. To the fullest extent permitted by law, the Organiser assumes no responsibility for any loss or damage that may be suffered or caused as a result of participating in the Competition or using any awards nor any damage that may be caused to the Works as referred to in clause 4 above if the Organiser shall in its absolute discretion choose to return the Works to the entrant.
    2. No claims, actions or legal proceedings in connection with the Competition or participation in the Competition brought by any entrant or other interested parties will be entertained by the Organiser.
    3. The Organiser reserves the right to change the details of the Competition and cancel the Competition at any time without prior notice.
    4. By entering this Competition, all entrants agree to release, discharge, exempt and hold harmless the Organiser and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Competition or any Competition-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder. The Organiser assumes no responsibility for any error, omission, interruption, deletion or missing of data, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to the Competition entries or entry forms; or alteration of entries or entry forms. The Organiser is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to in this Competition.
  7. Miscellaneous

    1. Upon signing the Agreement which contains the Terms and Conditions, the entrant consents to the Organiser’s use of his / her name and his / her entry and design concept statement in any publicity and / or any publication at the Organiser’s discretion.
    2. The power to interpret the Terms and Conditions shall be vested in the Organiser.
    3. This Competition and the Terms and Conditions shall be governed by the laws of Hong Kong SAR.
    4. The English version shall prevail in the event of any inconsistency of interpretation of the Terms and Conditions. The Chinese version is for reference only.