Terms & Conditions
Please read the below Terms and Conditions of the DFA Design for Asia Awards 2023 carefully.
- The Entrant shall fully understand the terms and conditions of the award. Upon submission, entrant shall be deemed to have accepted and be bound by the terms and conditions set out in this submission.
- The Entrant hereby grants, on a gratuitous basis free of any fee, royalty or remuneration, to the Hong Kong Design Centre ("HKDC"), the organiser of the DFA Design for Asia Awards 2023 (the "Awards"), the right or license to use, edit, amend, copy, reproduce or publish in any size the design (which includes but is not limited to drawings, artworks, photographs, images, sketches, transparencies, sculptures, models, prototypes, and printed or digital materials) submitted for the Awards (collectively the "Design") or any part thereof in the promotional/exhibition materials or any publications in any media or medium related to the Awards in consideration of HKDC accepting the Entrant's submission of the Design as an entry for the Awards.
- The Entrant hereby acknowledges and warrants that the Entrant is the sole owner or has been authorized by the owner(s) of all rights including but not limited to copyright, design rights and all other proprietary and intellectual property rights in or pertaining to the Design.
- The Entrant hereby represents and warrants that the design is original and independently created and does not infringe, breach, prejudice or violate the property, interests or rights (including but not limited to contractual rights, user rights, copyright, design rights, patents and all other proprietary and intellectual property rights whether registered or otherwise) of any third party. The Entrant agrees to fully indemnify HKDC against all actions, claims, loss, damages, costs and expenses which it may incur or has incurred as a result of any breach of this representation or warranty. Should it prove in retrospect that a submitted or even the awarded Design breaches third-party rights, HKDC reserves the right to revoke the relevant Awards. The above liability provisions apply accordingly to all items supplied by HKDC in connection with the Entrant's participation in the Awards.
- HKDC reserves the right to cancel, in part or in whole, postpone or bring forward the Awards and its related events for any reason and is not obliged to reimburse the Entrant for any expenses related to such cancellation. All submitted material(s) relating to the Awards, including the required Entry Fee and the Publication and Promotion Fee, will not be refunded.
- The Entrant agrees that HKDC shall not be responsible for the transportation or return of any Design to the Entrant and HKDC shall not be liable for any loss or damage of the Design during the passing or transporting of the same to and from HKDC or the premises arranged by HKDC. The Entrant shall contact HKDC before arranging delivery of any oversize product (i.e. dimension over 1m x 1m x 1m). HKDC reserves the right to charge the Entrant a reasonable fee incurred by handling the oversize product, such as car park fee, extra courier fee for transporting the product to and from judging venue, etc.
- The Entrant shall be responsible for all costs (including but not limited to all packaging costs, transport costs, documentation, postal charges, courier charges, insurance costs, governmental/jurisdictional approvals and licenses, tax and any other costs necessary or likely) in all of the following:
i. The passing and transporting of the Entrant's Design into the possession of HKDC.
ii. The return of the Entrant's Design upon the Entrant's request.
- While reasonable care will be taken when handling the Design in the premises arranged by HKDC, HKDC shall not, in the absence of negligence on the part of HKDC, be liable for any loss or damage of the Design. For the avoidance of doubt, it is agreed that superficial rust, oxidation, discoloration, or any like condition due to moisture is not a condition of damage but is inherent to the nature of the Design and HKDC shall not be responsible for such condition.
- The Entrant agrees and makes a full payment of the Entry Fee to HKDC by the submission deadline after the Entrant's online submission to HKDC.
- The Entrant hereby acknowledges in the event that the Entrant has received notice that the Entrant's Design has been declared as a DFA Design for Asia Awards Winner, the Entrant is obliged to make a full payment of the Publication and Promotion Fee to HKDC by the deadline stated on such notice.
- In accordance with Clauses 9 and 10, in the event that the Entrant fails to make full payment of the Entry Fees and the Publication and Promotion Fees within the required period, there then exists no formation of contract and the full agreement stated herein is null and void ab initio. The Entry Fees and Publication and Promotion Fees are not refundable.
- The Entrant hereby agrees that the maximum liability of HKDC under these terms and conditions shall not exceed the fee actually received by the HKDC from the Entrant.
- The Winner of the Awards agree that his/her winning design will be displayed in exhibition(s) at the decision of HKDC for a period of a minimum of one year subsequent to the winners announcement, and agrees to provide information as requested by HKDC about the winning design for activities, including but not exclusive to reports, online showcase, publicity, marketing, promotions and exhibitions.
- The Winners of the Awards agree to cooperate with HKDC to promote the Awards and involve in relevant promotional activities in the future upon request
- The Winners of the Awards agree to get HKDC’s approval prior to using the endorsement mark
- The Entrant agrees that the decisions of the judging panel will be final. No appeal will be entertained. HKDC shall be under no obligation to disclose the judging score and judges' comments to any applicants and reserves the right not to provide any reasons for not selecting the applicants.
- These terms and conditions shall be governed by the laws of the Hong Kong Special Administrative Region. Any claim or dispute must be determined exclusively by the courts in the Hong Kong Special Administrative Region.
- HKDC reserves the right to interpret and amend the terms and conditions, and reserves the right of the final decision.
- These terms and conditions are prepared in English and Chinese languages. If there is any inconsistency between these versions, the English version shall prevail.
* For 2023 entrants, except the winners of the Awards, who intend to collect the Design shall contact DFA Design for Asia Awards Secretariat during the period from December 2023 to February 2024. Otherwise, such Design may be subject to disposal without further notice
- The entry must have actually been produced; (in the case of commercial product) and have become available# in one or more Asian markets* between 1st January 2021 and 31st May 2023
- A design which is still under development and/or has not yet been commercially launched between 1st January 2021 and 31st May 2023, as well as prototype, rendering and artist's impression of design, are ineligible for entry.
- The entry must be submitted by the design's owner(s), its client(s), the brand's owner(s), its designer(s), or its design consultancy(s). Hong Kong Design Centre may request the entrants to submit a Letter of Support when they are awarded, to certify that the owner(s) agrees to the entry submission.
#The entry must have become available means:
- Fashion & Accessory / Product & Industrial Design : Actual product(s) of the work that started / will start for selling, and / or can be touched by the user in the above-mentioned period
- Communication Design / Digital & Motion Design : Design concept(s) developed for customer(s) but was not launched in the market due to a failed bid will NOT be accepted
- Spatial Design / Service & Experience Design : A place or a service that started/ will start for actual use (and sales, if appropriate) in the above-mentioned period
* Asian markets include :
Afghanistan / Bangladesh / Bhutan / Brunei Darussalam / Cambodia / Hong Kong / India / Indonesia / Iran / Japan / Kazakhstan / Kyrgyzstan / Korea / Laos / Macau / Mainland China / Malaysia / Maldives / Mongolia / Myanmar / Nepal / Democratic People’s Republic of Korea (North Korea) / Pakistan / The Philippines / Singapore / Sri Lanka / Taiwan / Tajikistan / Thailand / Timor-Leste / Turkmenistan / Uzbekistan / Vietnam
Personal Data Protection
All personal information submitted will solely be used for the DFA Design for Asia Awards purposes. In accordance with Sections 18 and 22 and Principle 6 of Schedule 1 of the Personal Data (Privacy) Ordinance by Office of the Privacy Commissioner for Personal Data of Hong Kong, the applicants [Entrants] have the rights regarding access to and correction of personal data provided.
Prevention of Bribery Ordinance
Applicants [Entrants] are reminded that it is an offence under the Prevention of Bribery Ordinance of Hong Kong to offer any advantages (e.g. money, gift, etc.) to the organiser, an employee of the organiser, co-organisers or the Judging Panel as an inducement to or reward for giving favourable considerations to applicants [Entrants].