PRELUDE AND DEFINITIONS
PLEASE READ THESE COMPETITION TERMS CAREFULLY BEFORE PARTICIPATING IN THE FUTURE KITCHEN DESIGN AWARDS. By submitting an entry to the Future Kitchen Design Awards (the "Competition"), you ("Participant," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Competition Terms ("Terms").
A. Contracting Parties
These Terms constitute a legally binding agreement between:
(i) The "Organizers": Collectively referring to BOTINKIT, a company registered under the laws of China, with its principal place of business at China ("BOTINKIT"); AZIATO, a company registered under the laws of Italy, with its principal place of business at Como, Italy ("AZIATO"); and A' Design Award, a design competition platform operated by A' Design Award & Competition SRL ("A' Design Award");
and
(ii) The "Participant": Any individual, team, or entity that submits an entry to the Competition.
B. Definitions
For the purposes of these Terms, the following definitions shall apply:
"Competition" means the Future Kitchen Design Awards, including all related events, communications, and activities organized by the Organizers.
"Design" or "Entry" means any concept, drawing, rendering, prototype, description, or other material submitted by a Participant as part of their participation in the Competition.
"Intellectual Property Rights" means any and all rights in and to patents, utility models, trademarks, service marks, trade names, copyrights, design rights (whether registered or unregistered), database rights, domain names, topography rights, trade secrets, rights in confidential information, rights of privacy, publicity and/or personality, and any other intellectual property rights of any kind, in each case whether registered or unregistered and including applications for registration.
"Platform" means the A' Design Award online submission platform through which Entries are submitted.
"Winner" means any Participant whose Entry is selected by the judges to receive a prize, as further defined in the Competition guidelines.
"Technical Know-How" means any technical information, manufacturing techniques, processes, algorithms, material specifications, or specialized knowledge contained within or implied by an Entry.
"Competitors" means any business entities engaged in the development, manufacturing, or marketing of kitchen technology, robotics, or related products that compete directly or indirectly with BOTINKIT or AZIATO's business interests.
"Confidential Information" means any non-public information disclosed by the Organizers to Participants in connection with the Competition, including but not limited to business strategies, product roadmaps, technical specifications, judging criteria, and proprietary methodologies.
C. Scope and Applicability
These Terms govern your participation in the Competition and supersede any prior written or oral agreements regarding the subject matter herein. These Terms are separate from and in addition to any terms governing the use of the Platform, website, or any other services provided by A' Design Award. In the event of any conflict between these Terms and any other agreements, these Terms shall prevail with respect to matters specifically related to the Competition. By proceeding with your submission, you confirm that you are either: (a) an individual of at least 18 years of age with the capacity to enter into these Terms; or (b) an authorized representative of the participating entity with the authority to bind such entity to these Terms.
D. Relationship to Other Agreements
Your submission of an Entry through the A' Design Award platform is also subject to A' Design Award's standard terms and conditions, privacy policy, and submission guidelines. These Competition Terms supplement those agreements with specific provisions related to this particular Competition. The organizers strongly recommend reviewing all applicable terms before proceeding with your submission. Nothing in these Terms shall be deemed to constitute a partnership, joint venture, or employment relationship between any Participant and any of the Organizers.
E. Amendment and Interpretation
The Organizers reserve the right to amend these Terms at any time by posting the amended terms on the Competition website. Your continued participation in the Competition following such changes constitutes your acceptance of the amended Terms. These Terms shall be interpreted in accordance with their fair meaning and not strictly for or against any party. Section headings are for convenience only and shall not affect the interpretation of these Terms. Where the context requires, words in the singular include the plural and vice versa, and words importing a gender include other genders.
1. Enhanced Intellectual Property Protection
In addition to basic design rights, participants acknowledge that the competition concept, judging methodology, evaluation criteria, and promotional materials are proprietary intellectual property of the organizers. Any unauthorized reproduction, adaptation, or utilization of these competition elements is strictly prohibited. Participants further agree that any improvements, suggestions, or enhancements they propose to the competition format itself become the sole property of the organizers without compensation or attribution.
2. Design Evolution Rights
Participants acknowledge and agree that if their submitted design evolves, changes, or is refined after the competition (whether independently or through collaboration with the organizers), and such evolution incorporates or builds upon feedback, suggestions, or input provided during the competition process, the organizers shall have the right of first refusal to commercialize such evolved design under terms no less favorable than those offered to any third party. This right extends to designs that are substantially similar to or derivative of the submitted design and shall remain in effect for eighteen (18) months following the conclusion of the competition.
3. Prototype Development and Testing
Should any winning design proceed to prototype development, participants agree to collaborate in good faith with the organizers' engineering and development teams. Participants acknowledge that physical implementation may require modifications to the original design, and such modifications do not constitute a violation of the participant's intellectual property rights. The organizers shall bear no liability for technical feasibility challenges, cost overruns, or timeline extensions during prototype development. Participants waive any claims arising from the prototype development process, including but not limited to claims for additional compensation, recognition, or control over manufacturing decisions.
4. Technical Information Exchange
During the competition and any subsequent commercialization discussions, the organizers may share highly sensitive technical specifications, manufacturing capabilities, and proprietary processes with participants. Participants agree to maintain strict confidentiality regarding such information for a period of ten (10) years, regardless of whether a commercial agreement is reached. Participants shall implement information security measures at least as protective as those they use for their own most sensitive information, but in no event less than reasonable measures. Any breach of this provision shall entitle the organizers to immediate injunctive relief without the necessity of proving actual damages, in addition to liquidated damages of €50,000 per breach instance, which parties agree represents a reasonable estimate of potential harm rather than a penalty.
5. Cross-Promotional Obligations
Participants grant BOTINKIT, AZIATO, A' Design Awards, and all their parent companies, subsidiaries, affiliates, partners, sponsors, and licensees the royalty-free right to use submission materials across all marketing channels, platforms, and territories without additional approval. This includes use in investor presentations, trade shows, retail promotions, educational materials, and corporate communications. Winners specifically agree to participate in up to five (5) promotional events (virtual or in-person) at the organizers' request within 24 months of winning, with the organizers covering reasonable travel expenses for in-person events (and if WINNERS are asked to participate in such events, this should be subject to compensation for time and any costs incurred, determined by AZIATO as their role of consultants, neither the BOTINKIT or WINNER can decide the amount, here AZIATO is acting as 3rd party to ensure that neither the WINNERS not BOTINKIT are not exploited, and will serve as a mediator. Since we respect the designers and the organizers, we will not actually force or oblige any WINNER, but we also note here as it is ethiquette to do so, if you as a WINNER decide not to take part in any event, AZIATO will most likely consider that as fair, and the decision of AZIATO shall be final. Our aim is not to oblige the WINNERS to take part in events, but to educate and inform in advance that these are customary industry approaches, we added this discalimer and explanation so that it is your right as WINNER to refuse taking part in any such events, also this does not oblige the BOTINKIT to even invite you if you are a WINNER to events at the first place). Participants waive any right to review or approve such promotional materials before publication.
6. Coordinated Public Communications
Participants agree not to issue any press release, social media announcement, portfolio display, or other public communication regarding their participation or achievement in the competition without first obtaining written approval from the organizers regarding timing, content, and distribution channels. All public communications must include organizer-approved language acknowledging BOTINKIT, AZIATO, and A' Design Awards. Participants further agree to defer any media inquiries directly to the organizers' public relations team. This provision shall remain in effect for twelve (12) months following the announcement of results. Any unauthorized disclosure may result in disqualification, prize forfeiture, and potential liability for damages to the competition's public relations strategy. (This applies primarily for the WINNERS, if you are not a winner, you can of course publish your work, and we will not held you back, but if you are a WINNER, then please give BOTINKIT to react - but also if you are smart you will not publish; remember this - and this is not legal advice - so check yourself; if you publish your "invention" or "design" without first applying for patent, you will lose rights to patent it because it would become public domain knowledge, so it is not a smart thing for you to immediately publish it; because if you are a WINNER and publish it, you may create big problem for BOTINKIT which later perhaps cannot legally work with you because you yourself would lose rights to your design; to avoid this - of course there are grace periods in some countries but still this is a huge risk on your part, so instead wait BOTINKIT to react, maybe they may, at their sole discretion, without any legal obligations here noted whatsoever may make an offer to you and you may keep developing the designs, so that's why this rule exists and we wanted you to understand.
7. Exclusivity and Non-Competition
During the competition and for a period of nine (9) months following the submission deadline, participants agree not to submit identical or substantially similar designs to any other design competition, award program, public contest, or commercial solicitation. Participants further agree not to enter into negotiations with direct competitors of BOTINKIT or AZIATO (as defined in the organizers' sole discretion) regarding the commercialization of their submitted design or substantively similar concepts during this period. The organizers reserve the right to disqualify entries, revoke prizes, and seek damages should evidence of such prohibited submissions or negotiations come to light. This provision is intended to protect the commercial value and uniqueness of the competition. Here, we also should explain you why; If you join any other competitions with the same works and if their results are later announced and made public, the winning works, depending on country, will lose right to patent; that’s because for example US and EU patent law requires the inventions/designs to be “novel” and not in “public domain” or “publicly known” however publishing the results make the designs “publicly known”, so you should not join any competition that publicly announce results, with the WINNER works; that being said, you can join A' Design Award to non-public (hidden) categories which do not publish results for this very specific reason. Likewise, as noted select winners will receive A' Design Award nomination tickets, and these tickets shall be used for your other designs; again the purpose is to protect the patentability of your ideas; that's good for you ( because for example if BOTINKIT they are not legally obliged to, but if they at their sole discretion decide to for example buy and develop your work, they may be able to legally protect the work, and this is good because you may be able to get royalties or lump-sump payment if such a product is realized, these of course are not certain, however what's almost certain is that if you publish the results, the designs will be publicly known, not patentable, than anyone can just produce because unlike copyright the industrial designs do not have automatic protection, and that's why we noted this non-competition term; this term does not stop you from making NEW designs or working with other even competitor companies on NEW projects, and we note here for your kind reference)
8. Tax and Financial Responsibility
All prizes are subject to applicable taxes, withholdings, reporting requirements, and currency conversion fees according to both the organizers' jurisdiction and the recipient's jurisdiction of tax residence. Winners are solely responsible for providing accurate tax information, complying with all tax regulations, and paying any income, sales, use, or other taxes levied on prize values. The organizers may require winners to complete tax documentation prior to prize distribution and may withhold payment until such documentation is properly completed. Should the organizers incur any tax liability due to winner's failure to properly report or pay taxes, winner agrees to fully indemnify and reimburse the organizers for all such costs, including penalties, interest, and professional fees incurred in addressing such issues. (Winners should provide within 7 days of victory their bank details, even before you win you can provide this in advance through A' Design Award's panel by filling complete profile).
9. Implementation and Safety Disclaimer
Participants expressly acknowledge that all designs submitted represent conceptual work that has not undergone rigorous safety testing, manufacturing validation, regulatory compliance verification, or commercial viability assessment. The organizers make no representations or warranties regarding the safety, functionality, commercial viability, or legal compliance of any submitted design. Should the organizers elect to implement, manufacture, or commercialize any design, they assume no liability to the participant or any third party for modifications required to meet safety standards, regulatory requirements, manufacturing constraints, or market demands. Participants shall bear no liability for injuries, damages, or losses arising from the organizers' implementation of designs, except in cases of participant's intentional misrepresentation of critical safety information.
10. Future Relationship Framework
Nothing in these Terms shall obligate the organizers to offer employment, consultancy, or other professional engagement to any participant. However, should the organizers wish to engage a participant professionally following the competition, the participant agrees to negotiate such engagement in good faith under terms no less favorable than offered to other potential partners of similar qualification. Participants acknowledge that any such engagement would require separate written agreement and may include additional non-compete, work-for-hire, and confidentiality provisions. Neither the submission of a design nor the winning of any prize creates an employer-employee, joint venture, or agency relationship between the organizers and any participant. Participants waive any claim to implied employment or entitlement to compensation beyond explicitly stated prizes.
11. Jurisdictional Adaptability
Participants acknowledge that these Terms shall be interpreted and enforced according to their substantive legal principles regardless of conflicts with local laws. If any provision of these Terms is found unenforceable in a particular jurisdiction, the remaining provisions shall continue in full force and effect, and an enforceable term most closely matching the intent of the unenforceable provision shall be automatically substituted. Participants specifically waive any claim that these Terms should not apply due to local laws or regulations to the maximum extent permitted. The organizers reserve the right to modify prize structures, participation requirements, or other elements of the competition to comply with local regulations in participants' jurisdictions without invalidating these Terms for other participants.
12. Technology Know-How Protection
Beyond visual design elements, participants acknowledge that certain submissions may contain or imply technical know-how, algorithms, manufacturing techniques, material science applications, or other specialized knowledge ("Technical Know-How"). By submitting an entry containing such Technical Know-How, participants grant the organizers a perpetual, irrevocable, royalty-free license to internally use such Technical Know-How for research and development purposes, even if no commercial agreement is reached. For winning entries, participants agree to fully document all Technical Know-How and transfer such documentation to the organizers. This provision shall not be construed to prevent participants from using their general knowledge, skills, and experience gained prior to the competition, but does restrict the application of competition-specific Technical Know-How in competing products without the organizers' consent. Participants represent and warrant they have the legal right to grant such Technical Know-How licenses without violating any third-party obligations.
12. Confidentiality and Non-Disclosure
By submitting designs to the competition, participants agree to maintain strict confidentiality regarding all communications with the organizers, jury feedback, evaluation processes, and any proprietary information shared during the competition. Participants agree not to disclose any confidential information for a period of 5 years following the competition. This includes, but is not limited to, specific judging comments, proprietary technologies discussed during feedback sessions, and any business information related to potential commercialization of designs.
13. Indemnification
Participants agree to indemnify, defend, and hold harmless BOTINKIT, AZIATO, A' Design Awards, their affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to: (a) participant's submission; (b) any violation of these Terms and Conditions; (c) infringement of any third-party intellectual property or other rights; (d) any misrepresentation made in connection with participation in the competition; or (e) any negligent or willful misconduct.
14. Warranty and Representation
By submitting a design, participants warrant and represent that: (a) the submission is original and created solely by the participant; (b) the submission does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party; (c) the submission has not been previously published, sold, or committed to any third party; and (d) participant has full power and authority to submit the design and grant the rights contained in these Terms without violating any other agreement. Any false representation may result in disqualification and liability for damages resulting from such misrepresentation.
15. Force Majeure
BOTINKIT, AZIATO, and A' Design Awards shall not be liable for failure to perform any obligation under these Terms and Conditions if such failure is caused by events beyond their reasonable control, including but not limited to natural disasters, pandemics, acts of government, telecommunications or power failures, terrorist attacks, or other force majeure events. In such circumstances, the organizers reserve the right to modify, postpone, or cancel the competition with no further liability beyond the return of submission fees, if applicable.
16. Dispute Resolution
Any dispute arising out of or in connection with this competition shall first be attempted to be resolved through good faith negotiations. If the dispute cannot be resolved through negotiation within 30 days, it shall be submitted to confidential arbitration in accordance with the rules of the International Chamber of Commerce by one arbitrator appointed in accordance with said rules. The arbitration shall take place in the country where BOTINKIT is registered. The language of arbitration shall be English. The decision of the arbitrator shall be final and binding.
17. Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and a valid, legal, and enforceable provision of similar intent and economic impact shall be substituted.
18. Commercialization Rights
While participants retain intellectual property rights to their designs, by submitting to the competition, participants grant BOTINKIT a six-month first right of refusal to negotiate exclusively for the commercialization, licensing, or purchase of winning designs. During this period, winners agree not to offer their design to other commercial entities. After this period, if no agreement is reached, participants are free to commercialize their designs elsewhere. Any commercial agreement will be subject to separate terms and compensation to be negotiated in good faith.
19. Image and Likeness
Participants consent to the use of their name, image, likeness, voice, and biographical information in connection with the competition for publicity, advertising, and promotional purposes by BOTINKIT, AZIATO, and A' Design Awards without additional compensation, unless prohibited by law. This includes but is not limited to use on websites, social media, press releases, exhibitions, and printed materials.
20. Compliance with Laws
Participants are responsible for ensuring their submissions and participation comply with all applicable laws, regulations, and codes in their jurisdictions of residence and operation. This includes export control regulations, data protection laws, and industry standards. The organizers reserve the right to disqualify any participant found to be in violation of any applicable law or regulation.
21. No Agency
Nothing in these Terms and Conditions shall be construed as creating an employer-employee relationship, partnership, joint venture, or agency relationship between the participants and the competition organizers. Participants are not authorized to make any commitment or representation on behalf of BOTINKIT, AZIATO, or A' Design Awards.
22. Waiver of Claims
By participating in the competition, participants waive all claims against the organizers relating to the selection process, judging decisions, and results announcement. Participants acknowledge that judging creative works involves subjective assessment, and the judges' decisions are final and binding. No correspondence regarding the selection process or results will be entertained.
23. Limitation Period
Any legal action arising from the competition must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred. Participants acknowledge and agree that this limitation period is reasonable given the nature of the competition.
24. Competition Integrity
The organizers reserve the right to disqualify any entry at any time if there is reasonable belief of cheating, collusion, fraud, plagiarism, or any attempt to compromise the integrity of the competition. If such issues are discovered after prizes have been awarded, the organizers reserve the right to revoke any awards, prizes, and benefits, and to demand their return. Participants may be banned from future competitions organized by BOTINKIT, AZIATO, or A' Design Awards, and their actions may be publicly disclosed to the extent permitted by law.
25. Rights to Non-Winning Entries
While participants retain ownership of their designs, they grant BOTINKIT, AZIATO, and A' Design Awards a non-exclusive, worldwide, royalty-free license to display, publish, and archive all submitted entries (including non-winning entries) for historical, educational, promotional, and archival purposes for a period of ten (10) years. This display may occur in physical exhibitions, digital platforms, publications, and promotional materials relating to the competition and the organizers' activities.
26. Technical Submission Issues
The organizers shall not be responsible for any technical problems, submission failures, or data loss during the upload process. Participants are strongly encouraged to submit their entries well before the deadline. No extensions will be granted for individual technical issues. It is the participant's responsibility to ensure proper functioning of their equipment and internet connection. In case of widespread technical failure affecting numerous participants, the organizers may, at their sole discretion, extend the submission deadline.
27. Entry Withdrawal
Participants may withdraw their submission before the submission deadline without penalty by written notice to the organizers. After the submission deadline, withdrawals are at the sole discretion of the organizers and may result in a ban from future competitions. Once judging has commenced, no withdrawals will be permitted. If a winning participant wishes to decline their prize after announcement, they must still comply with all publicity obligations and non-disclosure terms, and may be barred from future competitions.
28. Post-Competition Obligations for Winners
Winners agree to make themselves reasonably available for interviews, press conferences, and promotional events for a period of 12 months following the announcement of results. Winners further agree to provide additional information about their designs, design process, and professional background for promotional purposes. Failure to comply with these obligations may result in forfeiture of prizes and benefits. Winners shall not make any disparaging remarks about the competition, organizers, sponsors, or jurors in any public forum.
29. Successors and Assigns
These Terms and Conditions shall be binding upon and inure to the benefit of BOTINKIT, AZIATO, and A' Design Awards, their successors, assigns, and any entity that acquires substantially all of their assets or business operations. In the event of a merger, acquisition, or change of control of any of the organizing entities, participants agree that all rights granted under these Terms may be automatically transferred to the new entity without additional consent from participants.
30. Complete Agreement
These Terms and Conditions constitute the entire agreement between participants and the organizers with respect to the competition and supersede all prior or contemporaneous communications, representations, understandings, and agreements, whether oral or written. No modification of these Terms will be effective unless made in writing and signed by authorized representatives of the organizers. Any attempt to alter these Terms through email, verbal, or other informal communications shall be void and of no effect.
31. No Guarantee of Benefits
While the organizers will make reasonable efforts to provide all stated prizes and benefits, certain benefits (including but not limited to exhibitions, publications, media coverage, and industry introductions) are subject to factors beyond the organizers' direct control. The organizers make no guarantee regarding the quality, duration, timing, or commercial value of such benefits. Cash prizes are guaranteed as stated, subject only to force majeure events affecting financial systems.
32. Privacy of Judges
Participants are strictly prohibited from contacting any jury member directly regarding the competition before, during, or after the judging process. Any attempt to influence, question, or engage with jurors outside the official channels provided by the organizers shall be grounds for immediate disqualification. All communication regarding judging must be directed exclusively to the organizers. Jurors' personal information, contact details, and individual evaluations shall remain confidential.
33. Anti-Circumvention
For a period of very short period of six (6) months following the competition, WINNERS agree not to "sell" their winner work to third parties, this does not apply to participants but only to WINNERs whom were announced as a winner, paid a prize money or provided with a prize package. This includes but is not limited to licensing, design services, consulting, employment, or commercial arrangements related to the particular WINNER kitchen design technology, if your are not a WINNER it does not apply you, and even if you are a WINNER, you can of course do any other project with competitiors, we just don't want you to immediately sell the WINNER project to our competitors, we are asking to please give us 6 Months for us to react.
34. Digital Rights Management
All digital submissions may be marked with invisible digital watermarks or other tracking technologies to protect against unauthorized use or distribution. By submitting to the competition, participants consent to such protective measures being applied to their digital assets. Any detection of tampering with these protective measures will result in immediate disqualification and potential legal action. The organizers employ industry-standard security measures to protect all submissions, but cannot guarantee absolute prevention of unauthorized access or digital theft.
35. Assignment of Entries
Participants may not assign, transfer, or delegate their submission or any rights or obligations under these Terms to any third party without express written permission from the organizers. Any attempted assignment without such permission shall be void. The organizers may, however, freely assign or transfer their rights and obligations under these Terms without restriction or participant consent.
36. Consequences of Violation
Violation of any provision of these Terms may result in, at the organizers' sole discretion: immediate disqualification; forfeiture of any prizes or benefits; permanent ban from future competitions; public announcement of the violation; liability for damages including actual, consequential, and reputational harm; injunctive relief; and/or legal action. The organizers reserve the right to pursue all remedies available at law and in equity for violations of these Terms.
37. Reservation of Rights
The organizers reserve all rights not expressly granted to participants. Nothing in these Terms shall be construed as limiting or restricting the organizers' rights to conduct their business, operate future competitions, or engage in similar activities with other parties. The organizers specifically reserve the right to conduct similar competitions, use similar themes, or engage with similar design concepts in the future with no obligation to participants from this competition.
38. Statute of Limitations
Any claim or cause of action arising out of or related to the competition, these Terms, or the subject matter hereof must be filed within six (6) months after such claim or cause of action arose, regardless of any statute or law to the contrary. Any claim or cause of action not filed within such period shall be forever barred, without exception.
39. Monitoring and Enforcement
The organizers reserve the right to monitor compliance with these Terms through any technological or other means available. Participants consent to such monitoring. The failure of the organizers to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The organizers may employ third-party services to verify originality of submissions, monitor for infringement, and ensure compliance with these Terms.
40. Survival
The provisions of these Terms which by their nature should survive termination of the competition or a participant's involvement shall survive, including but not limited to provisions concerning intellectual property rights, confidentiality, indemnification, limitation of liability, dispute resolution, anti-circumvention, and publicity rights. These obligations shall continue to bind participants regardless of their status in the competition.
41. Final Decision
BOTINKIT is the organizer of the competition, AZIATO is the consultant and A' Design Award is the platform where you submit the entries. AZIATO, an established Italian Consulting Firm has a lot of experience in competition organization and is aimed to protect both the interests of BOTINKIT, the WINNERS, the A' Design Awards. AZIATO aims to provide preliminary mediation between entrants and organizers. AZIATO gives a lot of importance to protecting the interest of entrants and winners, but also does not want to create a situation that any party exploits each other. By taking part, you agree to respect AZIATO's role, as a mediator, and AZIATO's mediation terms, and agree that they are final. AZIATO at its sole discretion may propose (but not enforce) mediation terms to WINNERS, BOTINKIT and A' Design Awards, to ensure any problem is solved outside the court system which is very costly. Indeed, we have added a mandatory arbitration clause, however what we refer here is that before we even go to arbitration, we have a preliminary mediation, because even mandatory arbitration can be costly.
42. Mandatory Arbitration and Class Action Waiver
By participating in the Competition, you and the Organizers agree that any and all disputes, claims, or controversies arising out of or relating to the Competition, these Terms, the interpretation thereof, or any alleged breach, termination, enforcement, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively through final and binding arbitration rather than in a court of law or equity. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are strictly prohibited. You acknowledge and agree that by entering the Competition, you are waiving your right to a trial by jury or to participate in a class action lawsuit or class-wide arbitration.
The arbitration shall be administered by the International Chamber of Commerce ("ICC") in accordance with its International Arbitration Rules by one (1) arbitrator appointed in accordance with said Rules. The arbitration shall be conducted in the English language in Como,Italy, or at another location as may be agreed upon by the parties. The arbitrator shall apply the laws of Italy, without reference to rules of conflict of law or statutory rules of arbitration. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to reasonable costs and attorneys' fees. Notwithstanding the foregoing, the Organizers retain the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect their Intellectual Property Rights, Confidential Information, or any imminent harm that cannot be adequately addressed through arbitration.
This arbitration provision shall survive the termination of the Competition and shall remain in effect regardless of whether you receive an award, prize, or other benefit from the Competition. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in full force and effect. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION PROVISION, YOU AND THE ORGANIZERS ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
43. Prize Structure and Contingent Benefits
The Competition prize structure consists of three distinct components, each subject to specific conditions as detailed below:
Cash Prize Component: A total cash prize pool of 2000 EUR will be distributed exclusively among the top three (3) winners as selected by BOTINKIT at its sole discretion. The distribution shall be 1000 EUR for first place, and 500 EUR each for second and third place. Cash prizes are subject to applicable taxes, withholdings, and banking fees as outlined in Section 8. No cash prize substitutions or transfers are permitted. In the event a winner is disqualified for any reason, BOTINKIT reserves the right to award the prize to an alternate winner or to withhold the prize entirely.
A' Design Award Benefits Component: Future Kitchen Design Award winners will be granted A' Design Award nomination tickets (pro first place, digital places 2 to 10). A' Design Award Pro-Edition Winners whose works are published in public-categories receive up to 188+ Public Relations Services, including but not limited to press releases, exhibition opportunities in Italy and abroad, and Red-Carpet Black Tie Gala-Night Invitation, provided through A' Design Award platform, and this is only for pro-edition winners and subject to eligibility. PARTICIPANTS EXPRESSLY ACKNOWLEDGE that these benefits vary by placement: first place will receive a Pro Nomination Ticket that includes all such benefits such as yearbooks, physical exhibition opportunities and gala invitation, while 2nd to 10th place will receive Digital Nomination Tickets with more limited benefits so there won't be gala or physical items. IMPORTANTLY, these tickets merely provide eligibility to compete in the A' Design Award competition (they bypass payment so you can join for free); all these secondary benefits are CONTINGENT upon the participant subsequently winning in the A' Design Award competition using these nomination tickets. A' Design Award participation is subject to additional terms and conditions set forth by A' Design Award, which participants must separately agree to when using their nomination tickets. The Organizers make no representations or warranties regarding participants' success in the A' Design Award competition.
Discretionary Benefits Component: Additional benefits may include potential internship opportunities with BOTINKIT for standout participants, Winner Certificates, recognition in international design publications, and Awards Ceremony invitations. PARTICIPANTS EXPRESSLY ACKNOWLEDGE that these additional benefits are provided at the SOLE DISCRETION of the Organizers and do not constitute legally enforceable obligations. The Organizers reserve the right to modify, substitute, or withdraw these discretionary benefits at any time based on factors including but not limited to business conditions, participant qualifications, geographic limitations, and availability. No compensation will be provided if any discretionary benefit cannot be fulfilled for any reason.
