Terms and conditions

TERMS & CONDITIONS

The following terms and conditions (Terms and Conditions) shall apply to a Creative Callout event (the Event) hosted by Lane Crawford ( Hong Kong) Limited and/or its related and affiliated companies (individually and together referred to as Lane Crawford). By registering for or participating in the Event or any subsequent winning program the participants agree to the following Terms and Conditions:

APPLICATION
  1. Each participant (Participant) must register at http://globalcreativecallout.com/apply for the Event during the registration period from July 6th, 2020 to August 12th, 2020.
  2. Each Participant must present and submit all the required criteria to complete registration. Any incomplete and/or inaccurate registrations may be rejected by Lane Crawford in its sole discretion.
  3. Applications and attendance of the Event, or in any winning program is subject to each Participant’s acceptance of these Terms and Conditions.
  4. Participants for the short list will be selected on a first come first served basis by Lane Crawford and subject to a maximum number of participants and in Lane Crawford’s sole discretion.
  5. After an initial screening by Lane Crawford, a short list of participants (Short-listed Participants) will be invited to a second-round interview, further criteria will be required at the discretion of Lane Crawford. The decision in respect of the shortlist shall be made by Lane Crawford within its sole discretion and shall be final.
  6. Each Short-listed Participant will be interviewed by a panel of judges.
  7. Finalists subject to conditions (listed below) will be determined by a panel of judges.
INTERVIEW
  1. If a Participant is not present on the Event Day allocated to them their time slot will be given to another Participant.
  2. After being interviewed by the panel of judges, the Participant may be recalled for further interview.
  3. Following the interview process the panel of judges will select finalists from the Participants whose products and designs will be promoted in Lane Crawford stores and potentially its websites following a program at Lane Crawford (timing and program to be determined by Lane Crawford) (the Program). The decision in respect of the finalists shall be made by the judging panel within its sole discretion and shall be final.
SELECTION CRITERIA FOR SHORT LIST AND FINALISTS

Lane Crawford and the panel of judges will evaluate the submissions to select the Short-listed Participants eligible to join the Event and the finalists invited to join the Event against the following selection criteria:

  • Brand story
  • Craftsmanship
  • Commercial appeal
  • Value/ Attitude
  • Luxury Aesthetic
  • Financial Stability
  • Newness
  • Sustainability

GENERAL CRITERIA

  • Both company and individual applicants are accepted
  • The company should be an emerging business and must have a trading registration and pay their own tax
  • Companies/individual based in China (including Hong Kong SAR) is a bonus but not limited to
  • Applied categories accept fashion, beauty, jewelry, lifestyle, tech and creativities (craftsman, stylist, photographer, VM talents, etc.)
  • To not have worked with Lane Crawford in the same category as submitting within the last three years
  • Products must meet with China regulations and have relevant licenses for category of Product of Service
  • No use of materials that include endangered animals
  • Will need to manage production and deliver goods within agreed window
  • With strong social media presence with certain existing fanbase

BEAUTY BRANDS CRITERIA

  • The Supplier shall ensure the following: 
  1. It has obtained all the necessary approvals or licenses from the relevant government authority required for the distribution and sale of the Merchandise in the PRC; 
  2. The distribution and sale of the Merchandise  complies with all laws, regulations and standards in the PRC relating to, including without limitation labeling and advertising standards of the Products; and 
  3. The normal use of the Merchandise will not cause any harm to human health. 
  • The Supplier shall submit to the relevant government authority or provide Lane Crawford (if requested) with any documents or information required for registration or record-keeping of the Merchandise in the PRC, including without limitation product formula, hygiene license, recordkeeping certificate, safety evaluation report and certificate of country of origin.
  • Required documentation includes the following:  
  1. One copy of the valid duplicate business license issued following annual inspection; 
  2. One copy of the valid duplicate of the National Tax/Local Tax registration certificate issued following annual inspection. 
  3. One copy of the duplicate of the certificate for registration for the Vendor’s trademark required in accordance with the Essential Terms. 
  4. Certified copy of quality inspection report. 
  5. Copy of production license, health permit, for cosmetics manufactured in the PRC;
  6. Copy of the file number of approval issued by the Ministry of Health for cosmetics imported into the PRC. 
  7. Notice of inspection issued by the import commodity inspection bureau (if applicable) under import regulations for the PRC.  
  8. Copies of customs declarations forms, duty payment certificate and certificate for payment of custom-levied VAT (for imported Product) if applicable.  
PROGRAM PRIZES

The finalists will be selected by the judging panel based on the above criteria.

The finalists will be awarded the following Program prizes subject to the condition that they agree to enter into a commercial agreement with Lane Crawford to supply products and/or designs/works of art substantially similar to those presented to the judging panel (the Work) for purposes of merchandising, distribution, display and/or retail, license or consignment at Lane Crawford.

REPRESENTATIONS AND WARRANTIES OF THE PARTICIPANT

Each Participant represents and warrants:

  1. It is duly incorporated or established and validly existing under the laws of its incorporation or establishment (if a company) or there is no legal or other impediment preventing them (as an individual) from participation;
  2. It/he/she has not traded with Lane Crawford in the past;
  3. It/he/she is not a manufacturer and/ or an agent;
  4. It, he/she has all license, permits and consents to carry out the business in connection with the Work and any licenses or permits are valid and will be maintained during participation;
  5. It/he/she shall comply with all applicable local, provincial, and federal laws and regulations;
  6. It/he/she has the capacity and has obtained the authorization to enter into and perform the obligations under these Terms and Conditions of participation;
  7. Its/his/her acceptance of these Terms and Conditions and participation will not violate any applicable laws or regulations or infringe any third-party rights;
  8. It/he/she has full unencumbered title to the Work.
STATUS

Nothing in this Agreement shall create a joint venture or partnership between the parties or render the Participant an officer, employee, worker, agent or partner of Lane Crawford. The Participant may not hold itself out as a supplier of services to Lane Crawford to any third party for any purpose whatsoever, during the Event or any Program or upon its termination without prior agreement of Lane Crawford in writing.

IMAGE RELEASE RIGHTS

The Participant agrees to grant the Lane Crawford permission to publish the information provided by the Participant including but not limited to the Participant’s name, images and images of the Works (the Images) in any media on a worldwide basis, including, without limitation, in the Lane Crawford stores, in store signage, visual merchandising, press coverage, printed publications, presentations, promotional materials, advertising and on the Lane Crawford website or social media platforms or outdoor advertising platforms for the purpose of promotion of the Event (the Specified Purposes) in their original format or edited or altered in any way which Lane Crawford deems appropriate for the Specified Purposes. The Participant agrees that the Images may be transferred or disclosed to any third party engaged by Lane Crawford to fulfil the Specified Purposes and retained in Lane Crawford’s archives during and after the Event for record and future promotion of Creative Call Out events which require a reference to this Event.

To the extent that the Participant’s name and the Images constitute personal data under applicable data privacy law, the collection, use, storage and disclosure of the Participant’s name and the Images are subject to Lane Crawford’s Privacy Policy on www.lanecrawford.com/privacy.

PRIVACY

Lane Crawford may provide a Participant with its customers’ or employees’ personal data pursuant to these Terms and Conditions. Such personal data may only be used for the purpose of fulfilling the Participant’s obligations in the Event or on the Program and in any agreement subsequently signed with Lane Crawford (and must be deleted/ destroyed by the Participant as soon as it is no longer necessary for such purpose). Each Participant agrees that, in addition to treating such personal data as Confidential Information it will: (a) comply with all of Lane Crawford’s instructions in relation to such personal data (including its use and storage); (b) not use such personal data for any purpose other than to perform its obligations under these Terms and Conditions or any agreement signed with Lane Crawford; (c) take all reasonable measures to protect such personal data (while in its possession) from unauthorized access, usage or loss; (d) not transfer such personal data to any third parties or to any countries outside of China (except with Lane Crawford’s prior written consent); (e) promptly give Lane Crawford all assistance it requires to enable it to comply with all applicable laws; and (f) ensure that such personal data is only accessible to those who need to have access to it in order to perform its obligations in the Event, Program, under these Terms and Conditions or any agreement subsequently signed with Lane Crawford.

INTELLECTUAL PROPERTY RIGHTS

All present and future rights, title and interest in any trade mark, patent, copyright, discovery, invention, design, idea, method, secret process or improvement in procedure or other works related thereto devised or created by a Participant, alone or with others, and in each case whether registered or unregistered and including applications for the grant of any such rights, for the Event or any Program or otherwise, which it can demonstrate by written records has not been paid for directly or indirectly paid for and licensed or assigned to Lane Crawford (the Participant’s Intellectual Property) remains the Participant’s sole property and vests with it.

DISCLAIMER

Lane Crawford assumes no responsibility whatsoever for the contents of the Event or Program or any liabilities arising therefrom. If a claim is made against the Lane Crawford which arises from or relates to the Event or Program, including but not limited to a Participant’s Intellectual Property rights infringement claim, each Participant undertakes that it will give Lane Crawford all necessary assistance as may be required by it in connection with such claim. Each Participant shall indemnify and keep Lane Crawford fully and effectively indemnified against all actions, costs, claims, demands, damage, expenses (including without limitation the fees and disbursements of lawyers, agents and expert witnesses) and any awards and costs which may be agreed to be paid in settlement of any proceedings (where that settlement has first been proposed or approved in writing by or on behalf of the Participant) and liabilities of any nature arising out of or in connection with any such claim. This indemnity shall survive the expiry or termination of the Event, any Program and these Terms and Conditions and shall continue in full force and effect notwithstanding such expiry or termination.

In these Terms and Conditions, Intellectual Property Rights means patents, trademarks, service marks, trade names, design rights, copyright, domain names, database rights, rights in know-how, new inventions, designs or processes and other intellectual property rights of whatever nature and wherever arising, whether now known or hereafter created, and in each case whether registered or unregistered and including applications for the grant of any such rights.

CONFIDENTIALITY

No Participant may at any time disclose to any third party any Confidential Information relating to Lane Crawford, its personnel, owners, business partners (Disclosing Parties) or the commercial operations of Lane Crawford, unless authorised to do so in writing.

For the purpose of this term, Confidential Information means any of the following relating to the Disclosing Parties, whether original, duplicated, computerized, memorized, hand-written, or in any other form which contains information which is of a confidential nature: (a) trade secrets, know-how, patents, copyrights, trademarks and technical specifications; (b) non-public information concerning financial data, business plans, valuation models, product development, customer lists, marketing plans, employee lists, information regarding customers, employees, distributors and suppliers (including without limitation leads or prospects and personal data, (such as contact details and financial information)); (c) documents/information about marketing, sales products and investment research; (d) documents/information about persons associated or employed by Lane Crawford including personnel files, performance evaluations and compensation information; and (e) any information which a Participant has been told is confidential or which it might reasonably expect any Disclosing Party would regard as confidential, or any information which has been given to any Disclosing Party in confidence by customers, suppliers and other persons.

The obligation in this term shall not apply to any information which a Participant can show was known to it or is in the public domain other than through a breach of any obligation of confidentiality owed to any Disclosing Party or is required to be disclosed by law.

Upon expiry or termination of the Event or Program, Participants shall promptly return any Confidential Information supplied to it by any Disclosing Party during the Event or Program at the request of the relevant Disclosing Party.

CANCELLATION

Any breach of these Terms and Conditions by a Participant will invalidate its participation in the Event or any Program. Lane Crawford reserves the right to cancel an Event or Program that is invalidated for any breach of these Terms and Conditions or applicable laws. The decision of Lane Crawford to cancel any Event or Program shall be final. Following any cancellation of a winning Event Lane Crawford will be entitled to select and announce another winning Event. The decision of the Judging Panel will be final. Notwithstanding anything stated otherwise in these Terms and Conditions, Lane Crawford has no obligation to accept or promote any Event. Lane Crawford reserves the right to cancel, terminate, modify or suspend an Event and the right to modify any terms, conditions and rules in these Terms and Conditions including but not limited to altering or substituting the Program Prizes unilaterally without prior notice for any reasons at any time in it’s sole discretion.

In case of discrepancy between these Terms and Conditions and details of the Event or any Program published elsewhere, details published on https://globalcreativecallout.com shall prevail.

Should any dispute arise, the decision of Lane Crawford shall be final.

GENERAL

A Participant may not assign or sub-contract its rights or delegate any of its obligations under these Terms and Conditions without prior written consent of Lane Crawford.

These Terms and Conditions contain a complete statement of all the arrangements between the Parties regarding its subject matter and supersede any previous arrangement whether oral or in writing. The failure of Lane Crawford to insist upon strict adherence to any of these terms shall not be construed as a waiver or deprive Lane Crawford of the right thereafter to insist upon strict adherence to any of these terms (including without limitation the right to seek liquidated damages or take legal action).

If any of these terms is invalid or unenforceable, the remaining terms shall remain in effect. The headings in these Terms and Conditions are solely for convenience of reference and shall not affect its interpretation. References to applicable laws and regulations include any amendments to those laws and regulations made from time to time. All notices, requests, demands and other communications which may be given or are required to be given under these Terms and Conditions shall be in writing.

GOVERNING LAW

This Agreement shall be governed the laws of and shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong SAR.

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