Terms and conditions
1.1. These Terms and Conditions (hereinafter - the Terms) determine the rules of registration and conduct of the competition named “Portugal Elderly Home”.
1.2. Buildner is the trading brand of BUILDNER SLU, e-mail address [email protected] (hereinafter – the Buildner).
1.3. Buildner reserves the right to update or amend these Terms and Conditions at any time. By using this Portal and registering for the Competition, the Participant fully and irrevocably agrees to these Terms and Conditions, which form a contract between the Participant and the Organizer. Please review them carefully.
2.1. “Portal” is portal https://architecturecompetitions.com/. It is clarified that the Portal is not related to the organized Competitions, but is only a platform for placing competition offers, for registration and submission to Competitions.
2.2. “Competitions” are architecture and design concept competitions organized by Organizer through the Portal.
2.3. “Organizer” is Buildner.
2.4. “Commissioning Party” is the party commissioning the Competition.
2.5. “Registrar” is the party that provides registration services for the Competition on behalf of the Organizer, receiving a Registration Fee for the services provided.
2.6. “Participant” is person or team registering for the Competition. Participant can participate in the Competition with full rights (Ordinary Participant) or limited rights (Limited Participant).Participant within the Terms is understood both Ordinary Participant and Limited Participantunless otherwise specified in separate clauses.
2.6.1. “Ordinary Participant” participate in the Competition with full rights, including the right to receive a Prize.
2.6.2. “Limited Participant” participate in Competition with limited rights - limited Participant have the right to participate in Competition and to participate together with Regular Participants in the selection of the winner, but without the right to receive a prize in case of win.
2.7. “Competition Brief” is a separate document setting out specific requirements for each particular Competition.
2.8. “Submission” is the design proposal submitted within the Competition, regardless whether or not completed or finished.
2.9. “Jury” is the group of professionals judging Submissions in a Competition.
2.10. “Prize” is monetary award for the Ordinary Participant for winning the Competition.
3. PARTICIPANT ELIGIBILITY AND REGISTRATION
3.1. Competitions are open to any Participant aged 18 and over.
3.2. Participant (also applicable to Participant Team in case if one of Participant Team Member complies) cannot participate in a Competitions and will be immediately disqualified and forfeit all of prizes if Participant or Team Member is or become:
3.2.1. a minor under age 18;
3.2.2. a resident of, or ordinarily resident in Russian Federation (effective from February 24, 2022);
3.2.3. otherwise prohibited by applicable export controls and sanctions programs;
3.2.4. a resident anywhere that a Competitions are prohibited by law;
3.2.5. a current employee, intern, contractor, officer, director of Buildner, the Organizer or the Jury, their associate or family member.
3.3. By registering for the Competition and/or providing a Submission the Participant expressly and unequivocally certifies full compliance with any and all eligibility requirements.
3.4. The Organizer reserves the right to verify Participant’s eligibility and to adjudicate any dispute regarding eligibility at its sole discretion. Participant agree to provide the Organizer with any proof of eligibility requested, and refusal or failure to provide such proof within 5 (five) days of Organizer's request will result in disqualification from a Competition and forfeiture of any prizes.
3.5. To participate in a Competition, a Participant registers through the Portal registration panel (hereinafter – the Registration) compiled and administered by the Registrar under these rules:
3.5.1. Participants may register either individually or as a team by completing and providing true and accurate information on the Registration Form.
3.5.2. Participant teams consist of at least 2 members and are restricted to a maximum of 4 (four) persons.
3.5.3. Completed Registration Forms will be processed by the Registrar once the Registration Fee has been paid in accordance with the Terms.
3.5.4. Once the Registration Fee (or first part of the Registration Fee in accordance with the Terms) is received by the Registrar, the Registrar shall transfer all registration data to the Organizer and the Participant will receive an automatically generated confirmation email containing a Unique Identification Code (“UIC”), to upload the Submissions through the Portal.
3.5.5. The Organizer is entitled to transfer Participant’s data to Commissioning Party and Jury.
3.7. The Organizer reserves the right to change or omit Participant Team names, particularly if they are, in the Organizer's sole opinion, offensive or obscene, or violate the intellectual property rights of others. If Participant creates team name that is offensive or obscene, or violates the intellectual property rights of others (in each case, as determined at the Organizer’s sole discretion), Team may be disqualified from the Competition.
4.1. All Submissions must be the original work of the Participant (or Participant Team). The visual materials of the Submission must not have been previously published by any of the Participant or members of Participant Teams. In case of detection a violation of this term, the Organizer solely evaluates the significance of the violation.
4.2. The Participant confirms that the Submission does not infringe any copyright, rights related to trademarks, trade secrets, designs or patents of any third party.
4.3. The Participant shall be ready to supply copyright licenses for images used if requested by Organizer. A failure to supply such licenses within the period specified by Organizer may be grounds for disqualification.
4.4. The Participant assumes full liability for any infringement of rights and acknowledges that any Submission in any significant breach of these rights may be grounds for disqualification (see Disqualification of Submissions Section). In case that a third-party asserts infringement of intellectual property rights against Organizer, the Participant shall be liable for all costs in relation to acts required to defend against such actions.
4.5. All Submissions must conform to the Terms and Conditions and the rules and guidelines set out in the Competition Brief. Any significant breach of this term may be grounds for disqualification (see Disqualification of Submissions Section).
4.6. All Submissions must be made solely through the specified upload panel within the Portal, access to which is granted upon successful Registration and payment of Registration Fee (or first part of the Registration Fee in accordance with the Terms). Submissions received by email or any other delivery method will not be considered.
4.7. The Participant may continue to upload Submissions and/or edits through the specified upload panel within the Portal until 24.00, London Time, on the date of the Submission deadline. Participant is responsible for determining the corresponding time in his/her time zone.
5. ENSURING THE INTEGRITY OF THE COMPETITION
5.1. The Participant must ensure that Submissions do not include any marks, logos, symbols, or signs that may identify its authority or source during the evaluation of the Submission by the Jury. Any significant breach of these rule may be grounds for disqualification (see Disqualification of Submissions Section).
5.2. The Participant may not approach or address any member of the Jury or the Commissioning Party during the Competition. Any breach of these rules will lead to immediate disqualification.
5.3. The Jury will be made aware of a Participant’s identity only after the winners are selected.
6.1. By registering for the Competition, the Participant acknowledges and agrees that all aspects of any Submission (including, but not limited to, narratives, descriptions, details, images, illustrations, photographs, and animations and names and images of the Participants) may be used by the Organizer or Commissioning Party for publicity purposes.
6.2. The Participant agrees to participate in the promotional activities and the publicity arrangements for the Competition. The Organizer is authorised to use any and all statements made by the Participant in connection with the Competition without additional approval and consent.
6.3. The Organizer reserves the right to undertake promotional activities and/or publicity arrangements through the Portal or other channels, as well as to discontinue any of its activities and/or arrangements at any time.
6.4. Publications advertised or referenced in the Competition Brief are not binding on the Organizer. The Organizer shall make every effort to follow the announced publication schedule, but cannot be held responsible for publishers' decisions.
7. FEES AND COSTS
7.1. Upon the full and complete filling of Registration Form the Participant must effect payment of the Registration Fee for the Competition.
7.2. The Registration Fee is a payment for registration for the Competition, for data processing and for covering administrative costs.
7.2.1. When registering for the Competition, the Participant chooses participation model – to register as Regular Participant or Limited Participant. Registration Fee for Regular Participant and Limited Participant are different. The difference is based on the fact that Limited Participant do not receive a prize in case of winning places (see Terms below). During the Competition it is not possible to change the participation model (Regular or Limited) chosen at the time of registration. The Registrar asks Participant to be careful and evaluate all arguments when choosing the participation model.
7.2.2. When registering for the Competition, the Participant chooses the terms of payment of the Registration Fee - the Participant is entitled to pay the Registration Fee in one payment or in three monthly payments. In case of monthly payment, at the time of registration the Participant pays the Registration Fee for the first month and makes payments for the remaining two months according to the payment schedule indicated at the time of registration. An additional fee is applied for dividing the Registration Fee into three monthly payments.
7.2.3. At the time of payment of the Registration Fee (or part thereof), the Participant undertakes to ensure that there are sufficient funds in his/her chosen payment method account to pay the full Registration Fee or the monthly payment of the Registration fee (depending on the participant's choice at registration).
7.2.4. The Participant is warned that if there are insufficient funds in the Participant's account at the time of payment of the Registration fee (or monthly payment), the Participant is obliged to contact the Registrar immediately and request an alternative method of payment. In case the Participant does not contact the Registrar and does not request to be given an alternative method of payment within 6 (six) days from the day of payment delay, the Participant is being disqualified from the Competition, all prizes will be revoked and the already paid Registration fee is not refunded.
7.2.5. The Participant agrees that in case of non-payment of the Registration Fee (or monthly payment), the Registrar is entitled to apply to the debt collectors of the respective country and to the courts with claims for recovery of the unpaid Registration fee (or monthly payment). In this case, in addition to the Registration Fee, the Participant will be charged all costs related to debt collection, including court fees, debt collection costs, legal fees, etc. payments. Subsequent payment or recovery of the Registration Fee shall not renew the participation of disqualified Participant in the Competition and does not entitle the Participant to receive the prize.
7.3. The Registration fee is non-refundable except if the Competition is suspended.
7.4. The Participant is responsible for all costs and disbursements incurred in preparing a Submission. The Participant is not entitled to claim the repayment of Registration Fee and/or the reimbursement any of its expenses related thereto.
7.5. The Registration Fee is payable by Participant in Euros through PayPal or by credit or debit card.
8. DISQUALIFICATION OF SUBMISSIONS
8.1. Participants will be disqualified if non-compliance with the above restrictions for participants, also in case of providing false information about Participant during registration or concerning eligibility.
8.2. Any significant non-compliance of the Submission with these Terms and Conditions, the Competition Brief or other applicable requirements may be grounds for disqualification. The Organizer has the right to make a decision on the disqualification of the Submission after evaluating the factors of the significance of the violation (for example, evaluating whether the reason for the disqualification is significant, causes damage, is preventable, etc). In case of a significant violation, the Organizer has the right to disqualify the Submission. In case of a minor violation, the Organizer has the right to warn the Participant about the violation without disqualification of the Submission. The Organizer is not obliged to notify and to inform the Participants about decision and the evaluated arguments.
8.3. Participants shall not communicate with any member of the Jury, including the Commissioning Party, during the term of the Competition. Should it become known that a winning Submission was submitted by a Participant in breach of this rule, the Submission shall be disqualified and the prize revoked.
8.4. All Submissions received by the Organizer after the closing date and time for Submission will be automatically disqualified.
8.5. In case the Participant does not pay the Registration Fee or part of the monthly payment according to the schedule indicated at the time of registration, the Participant will be automatically disqualified from participating in the Competition and the prizes received by the Participant will be revoked.
8.6. The Organizer will notify Participant regarding the disqualification of a Submission. Nevertheless, the Organizer or the Registrar is under no obligation to refund any Registration Fee or it’s monthly payment. Should a winning Submission be disqualified, the Participant shall be obliged to return any prize monies awarded.
9. CANCELLATION OF THE COMPETITION
9.1. The Organizer reserves the right to cancel or suspend the Competition or alter the Terms and Conditions and/or the Competition Brief and/or other applicable requirements at any time and stage at its own discretion, including but limited if it is considered necessary or if circumstances arise outside of its control.
9.2. In a case of suspension of a Competition the Registration Fees of Participant shall be returned.
10. SELECTION OF THE WINNER
10.1. The Jury shall be identified on the Competition Portal. Any changes to the Jury shall be at the Organizer’s discretion.
10.2. The Organizer reserves the right to assign judges, agents, or other authorised administrator to administer its Competitions, including making any decision or exercising such decisions at its discretion.
10.3. Prior to registering for any Competition, Participants are advised to seek information about the Jury and Commissioning Party from the Organizer, since establishing and maintaining eligibility for the duration of the Competition is the sole responsibility of each Participant.
10.4. The winner of a Competition is selected by the Jury. The winner is selected from all Participants - from the combined anonymous list of Submissions, which consists of Submissions of all Regular Participants and Limited Participants together.
10.4.1. For the sake of clarity, it is clarified that winners are not selected separately from Regular Participants and Limited Participants, but consolidated anonymous list of Submissions from all Participants. During the selection of winner, the Jury evaluates only the Submissions, but does not know any information about the Participant who submitted the Submission, including information about the type of participation.
10.4.2. The Jury decision is final, no appeals will be allowed and no further communication will be entered into by the Organizer either with Participant or Jury.
10.4.3. Only Regular Participants receive Prize in case of win. If a Limited Participant is selected as the winner, the respective Participant does not receive the Prize; in such case, the Prize is not transferred to another Participant.
10.5. If the Regular Participant whose Submission has been selected as the Winner of Competition cannot accept, receive or becomes ineligible for the prize for any reason, the Prize is awarded to the next highest ranked Participant. in this case, the person who cannot accept, receive or becomes ineligible for the prize is not entitled to request a later transfer of the prize from the Organizer.
10.5.1. If next highest ranked Participant is Limited Participant, the prize remains the property of the Organizer.
10.5.2. If next highest ranked Participant is Regular Participant, the prize is awarded to that Regular Participant. If this Regular Participant cannot accept, receive or becomes ineligible for the prize for any reason, the prize remains the property of the Organizer.
10.6. Unless stated otherwise in the particular Competition Brief, the association and/or relationship of Organizer with any member of the Jury does not imply any contract, partnership, agency relationship or endorsement of any member of the Jury.
10.7. Participant is solely responsible for complying with all applicable tax laws and filing requirements, as well as for paying all taxes, duties, and other fees imposed on prizes awarded.
11.1. The Prize is announced on the Competition Portal for each Competition separately.
11.2. To allow time for any public concerns regarding copyright claims or plagiarism, to be fully addressed, the Organizer will endeavour to send the Prizes to the winner within 45 (forty-five) business days after notification of the decision of the Jury and receiving a signed confirmation from the winner.
11.3. The role of the Organizer is limited to the administration and management of the Competition process. The Organizer will have no further role once the winner has been selected and Participants notified accordingly.
11.4. The Participant hereby confirms its binding commitment to engage and cooperate with the Commissioning Party after the Competition in the event it submits the winning Submission. The Commissioning Party undertakes no promise or commitment to construct the project in the Submission or as envisioned in the Submission. However, the Organizer shall encourage the Commissioning Party to cooperate with the Winner in further developing the Project.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. Intellectual property rights include all rights including but not limited to copyright, trademarks, service marks, trade names, design rights, patents, know-how, trade secrets, inventions and other forms of intellectual or industrial property, whether registered or unregistered, and all applications for the same (the “Intellectual Property Rights”).
12.2. Upon providing the Submission to a Competition, the Participant and/or each member of the Participant Team grants to Organizer an unrestricted, worldwide, irrevocable and royalty-free, fully paid up license to the Intellectual Property Rights of the Submission and/or any part thereof as follows: publicly display by any means and in any media; to copy, modify, translate and/or adapt, archive and distribute for publicity purposes without any further notice or remuneration to the Participant.
12.3. The Organizer has the rights, but is not obliged to use all or any of the Intellectual Property Rights licensed above.
12.4. Each Participant hereby agrees to transfer and assign the entirety of Intellectual Property Rights in the Submission to the Commissioning Party (“Assignment”) if the Submission has been declared as any winner of a Competition, regardless of the amount of prize awarded. The rights transferred are all those necessary to develop, construct, modify, and in any and all ways use the Project described in the Submission.
12.5. The Assignment is irrevocably binding upon the Participant when and if the Submission is selected as a winner and the respective Participant notified accordingly by email to the team leader of Participant. No additional document must be signed or executed to effect the Assignment. Should the Commissioning Party fail to contact the Participant within 24 months of the date that the Competition results are published on the Organizer’s Portal at architecturecompetitions.com, the rights shall revert to the Participant.
12.6. The Assignment is unconditional. The Participant acknowledges that, once the Assignment becomes binding, the Participant shall retain no further Intellectual Property Rights in the Submission.
12.7. The rights in any Submission is not recognized as a winner shall be retained by the Participant subject to the license of Intellectual Property Rights granted by Participant to the Organizer as described above.
12.8. All credits in connection with the Submission are associated with the registered name of Participant or the title of the Participant Team. Organizer shall make a reasonable effort to display the author's name on any Submission whenever published or otherwise featured.
12.9. The Participant undertakes to not exploit any of its personal rights arising out of the Intellectual Property Rights in any time and manner contrary to the interests of the Organizer or the Commissioning Party.
12.10. The Participant acknowledges that the benefits and profits, including the promotions and advertisements and the Prize (if the Participant is Regular Participant) or Registration Fee discount (if the Participant is Limited Participant), are sufficient and appropriate remuneration for the Intellectual Property Rights licenced to the Organizer and/or assigned to the Commissioning Party. No additional compensation is due to Participant.
13. LIABILITY AND INDEMNITY
13.1. By registering or providing a Submission to a Competition, the Participant agrees to release, discharge and hold harmless the Organizer and its partners, representatives and judges from any claims, losses, damages, expenses and liabilities (including attorney’s fees and settlement fees) arising out of the involvement of Participant in a Competition, the provision of any Submission, any exploitation of Submission by the Organizer, including any infringement of Intellectual Property Rights, or any other activities of Participant related to a Competition.
14. GOVERNING LAW AND DISPUTE RESOLUTION
14.1. The validity, construction and performance of these Terms and Conditions, as well as the legal relations among the Participant and the Organizer are governed by and construed in accordance with the laws of Andorra.
14.2. By registering or providing a Submission to a Competition, the Participant agrees that any disputes, claims and causes of action between the Participant and the Organizer arising out of or connected with a Competition or any Prize awarded shall be solved in negotiations between the involved parties in good faith under the spirit of fair treatment by parties towards each other.
14.3. If the involved parties fail to reach an amicable solution, the dispute shall be finally settled by the courts of Andorra.
15.1. If any term (or part of a term) of the Terms is invalid, illegal, or unenforceable, the rest of the terms will remain in effect.
15.2. These Terms and Conditions shall enter into effect when the Participant has registered on the Organizer Portal and expressed acceptance of these Terms and Conditions.
15.3. The Organizer has the right to unilaterally revise, amend or change the Terms without any special notice to the Participant.
15.4. When making changes in the current wording of the Terms, the date of the last amendment is indicated.
15.5. The new wording of the Terms shall enter into force from the moment of its posting on the Portal.
15.6. The Participant may address any questions to: [email protected]
Date of wording: April 8, 2023
Date of publication: April 8, 2023