These Terms and Conditions set forth the general rules of applying to and participating at the Contest organized and managed by Graphisoft SE (Graphisoft Park 1. Budapest 1031 Hungary; registered under registration number Cg.01-20-000001; hereinafter referred to as “GRAPHISOFT”).
A: Definitions:
Contest: the Contest determined by Graphisoft.
Participant: a person who made a valid application to the Contest and accepted these Terms and Conditions. Participant must meet the criteria determined by Graphisoft regarding the particular Contest.
Winner: a person who has been selected from among the Participants by Graphisoft based on the decision of the selection panel to win one of the prizes determined by Graphisoft and who accepted and complies with these Terms and Conditions.
Selection Date: determined by Graphisoft regarding the particular Contest.
B: TERMS AND CONDITIONS
- Contest Description
The Contest is organized and managed by Graphisoft.
GRAPHISOFT decides on the Winners from among the Participants based on the decision of the selection panel.
All the information about the Contest the Participant applies to can be found at Graphisoft’s website. For more information please visit the link published by Graphisoft regarding the particular Contest.
- General:
- You acknowledge and agree that you have applied to the Contest organized by Graphisoft. These Terms and Conditions regulate Your application to and participation at the Contest. By submitting Your application to the Contest You expressly agree to be bound by these Terms and Conditions. This is an irrevocable condition of applying too and participation at the Contest.
- You must be at least 18 years of age or the legal age of your nationality (if higher than 18 years).
- You accept that GRAPHISOFT shall – without any legal consequences – unilaterally decide on the acceptance or rejection of Your application until the Selection Date.
- During the Contest the Participant cannot behave in a way that would harm or endanger Graphisoft’s reputation, legitimate economic or organizational interests.
- Neither GRAPHISOFT nor its officers, directors, employees, agents, successors, or assigns shall be liable for any warranty, costs, damage, injury, or any other claims incurred as a result of the usage of information obtained by the Participant during or related to the Contest.
- Participants should fulfil all requirements on Participant’s expense for immigration and health insurance applicable to the physical location of the Contest (if any). Failure to do so may result in the termination of participation. Acceptance of these Terms and Conditions Participation indicates adherence to the relevant legal regulations in the Place of the Contest.
- You acknowledge and agree that the Winners will be responsible for all income and withholding taxes, if any, as well as any costs and expenses associated with Prize acceptance and use. GRAPHISOFT will not act as tax or any other agent of a Winner. For clarity, there shall be no substitution, transfer, or cash redemption of a Prize, or cash for any portion of a Prize not used; provided, however, that GRAPHISOFT reserves the right to substitute a Prize with another prize of equal or greater value, should the advertised Prize become unavailable for any reason. If a Winner does not want a portion of the Prize, that portion is forfeited.
- Rights to Intellectual Property
- All works, materials, ideas created by Participant and submitted to GRAPHISOFT in course of the application procedure or in relation to the Contest (in particular the project) are and will remain the intellectual property of the Participant (“Participant IP”). The Participant hereby declares that he/she is the creator and single Intellectual Property right owner regarding all the Participant IP submitted. Participant acknowledges that GRAPHISOFT shall – according to the prevailing rules of statutory law – indicate the name and country data related to the Participant whenever the Participant IP will be used by or its authorized network. By registering to the Contest the Participant grants to GRAPHISOFT and its partner network enlisted at www.graphisoft.com and any other partners determined by Graphisoft regarding the particular Contest (hereinafter collectively referred to as “GRAPHISOFT Partners”) an exclusive, royalty free, sublicensable license right unlimited in time, territory and usage mode without any restrictions to the use, adaptation, modification of the Participant IP by Graphisoft and its authorized partner network without any time limitation. The license right granted herein includes the inclusion of the Participant IP into Graphisoft’s products, services and into marketing materials furthermore the publishing of the Participant IP in press releases and in social media platforms of GRAPHISOFT and its authorized partner network.
- By applying to and registering to the Contest the Participant expressly accepts that GRAPHISOFT and its licensors shall retain all right, title and interest in the GRAPHISOFT product(s), services, knowledge either disclosed to the Participant during or in relation to the Contest or otherwise throughout the world, including without limitation, patent, copyright, trademark and trade secret rights related thereto (“GRAPHISOFT IP”). Except as expressly set forth by Graphisoft, neither this document, nor any license shall be construed as granting to Participant any license or other right in or to any patent, copyright, trademark, trade secret or other proprietary right of GRAPHISOFT or its licensors. Participant shall take all reasonable measures to protect Graphisoft’s proprietary rights in the GRAPHISOFT IP and shall not copy, use or distribute the GRAPHISOFT IP or any part of it, or any derivative thereof, in any manner or for any purpose, except as expressly authorized in this document. Participant shall not disassemble, decompile, or reverse-engineer the GRAPHISOFT IP, including any source codes, or otherwise attempt to discover any GRAPHISOFT trade secret or other proprietary information.
3. Confidentiality
- The Participant shall treat and keep confidential any business secrets learnt at or in connection with the Contest or beyond that any information or data related to GRAPHISOFT or Graphisoft’s affiliated companies or the activities of these (“Confidential Information”).
- Graphisoft’s Confidential Information includes without limitation all information related to, Graphisoft’s know-how and all information relating to Graphisoft’s business, products, services, finances, plans, opportunities, designs, research, development, know-how, personnel, distributors, suppliers, and customers, confidential information disclosed to GRAPHISOFT or its affiliates by third parties, in all cases whether acquired or developed by subcontractors or disclosed by Graphisoft employees.
- The Participant must not use or disclose the Confidential Information neither directly nor indirectly, neither solely nor through any other person, company, association, firm, enterprise or any other legal person in any way, furthermore shall not enable any form of usage or disclosing of these information and is obliged to do everything he/she is capable of prohibiting the leakage of the Confidential Information, and in case he/she perceives the possibility of violation of this confidentiality or the danger of leakage of the Confidential Information, he/she is obliged to forthwith inform GRAPHISOFT.
- The Participant is obliged to treat the Confidential Information determined above confidential after the termination of the Contest, thus the obligations stated in this Article may bound the Participant without time limit.
4. Liability
- GRAPHISOFT and/or its Partners do not assume any liability and responsibility for and in relation to the prizes provided by Graphisoft related to the Contest. GRAPHISOFT does not guarantee to the Participant that he/she will reach the goals set as the goals of the Contest. GRAPHISOFT is not responsible for the use of the knowledge gained at the Contest or the applicability of this knowledge.
- To the extent permitted by the applicable rules of law GRAPHISOFT excludes any and all liabilities related to damages suffered by Participant caused by breach of Graphisoft’s obligations. Notwithstanding the foregoing, Graphisoft cannot limit or exclude its liability for premeditated non-performance of an obligation resulting in loss of life, or harm to physical integrity or health.
- Force Majeure. Neither the Participant nor GRAPHISOFT shall be liable for any failure or delay in performance of its obligations under these Terms and Conditions arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the Contest of a failure or delay GRAPHISOFT shall use its best efforts to ameliorate the effects of any such failure or delay. In case of force majeure GRAPHISOFT reserves the right to unilaterally decide on the cancellation or modification or on the postponing of the Contest without any obligations to pay any compensation for damages or expenses.
C: Data Protection
Due to differences of Contests GRAPHISOFT organizes their Privacy part is widely various; the scope of personal data processed, data processing purposes and data processors can be different, hence there is no general Privacy part of this Terms and Conditions. The relevant Privacy policy of each Contest is available during the registration of the Contest.
D: Miscellaneous Provisions
- GRAPHISOFT reserves the right to unilaterally modify the present document or any part thereof. Participants will be informed of any such modifications via e-mail sent to their registered e-mail addresses.
- Any questions not governed by this document shall be resolved pursuant to the applicable Hungarian legislation, and in particular pursuant to the Hungarian Civil Code. The parties agree that all disputes arising from, or in connection with, the present document shall be decided by, and all claims concerning this document will belong to, the exclusive jurisdiction of the ordinary courts of Hungary.
- This document may be translated into other languages. In case of any discrepancies between the original English language version and any other language translations the English language version prevails.
GRAPHISOFT SE
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