yApplication of Rulesz
The Competition Entry Rules (hereinafter referred to as gThe Rulesh) stipulate matters related to the relationship between SANYO Electric Co., Ltd. and the Design Competition entrant.
yDefinition of Termsz
When used in The Rules, each of the following terms shall have the meaning set forth below.
gEntranth shall mean a person who enters the Design Competition.
gEntryh shall mean a design that an entrant presents as an entry to the Design Competition.
gPresented workh shall include an entry presented to the Design Competition by an entrant and all related items such as designs, ideas, images, drawings, specifications, writing, and remarks.
Entrant may enter the Design Competition only after agreeing with the content of The Guidelines for Entrants including The Rules. Entrant will be deemed to have agreed with the content of The Guidelines for Entrants including The Rules when their work is presented in whole or in part.
Entrant shall enter the Design Competition in accordance with the procedures provided in The Guidelines for Entrants. SANYO Electric Co., Ltd. shall accept entries from entrants who have followed the procedures.
In the event of any of the following events, SANYO Electric Co., Ltd. may reject an entry from the entrant concerned and remove it from the entry examination for the Design Competition:
SANYO Electric Co., Ltd. judges that the entrant may damage the reputation or credibility of SANYO Electric Co., Ltd. or the Design Competition; or
SANYO Electric Co., Ltd. concludes that it is for some reason inappropriate to accept the entry by the entrant.
Entrant pledges that their presented work does not violate copyright or any other rights of any third party. Entrant pledges that their entry is their original creation and has not previously been made public and they own the copyright and all the intellectual property rights to their presented work.
The entrant who wins the grand prize shall agree to assign various rights related to their presented work to SANYO Electric Co., Ltd., including the right to receive design right and other intellectual property rights, design right, other intellectual property rights, and copyright (including rights prescribed in Articles 27 and 28 of Copyright Law, hereinafter the same), and shall acknowledge that the compensation for assignment of these rights is included in the prize money.
As a rule, the intellectual property rights to all entries except for the grand prize winning entry shall belong to the corresponding entrants and any right registry related expenses shall be borne by the respective entrants. However, regardless of prize-winning, for a period of one year after the announcement of the final screening result, SANYO Electric Co., Ltd. retains the right to negotiate exclusively with any entrant about their intellectual property rights in terms of assignment, licensing, or establishment of an exclusive license.
When assigning a right, granting license, or establishing an exclusive license pursuant to Paragraph 2 or Paragraph 3 above, the entrant shall cooperate with SANYO Electric Co., Ltd. in going through the procedures necessary for receiving the right registry, and shall claim no moral rights to their presented work to either SANYO Electric Co., Ltd. or any third party.
In the event that a warning is given to or a lawsuit is filed against SANYO Electric Co., Ltd. based on the claim that some entry infringes upon a third partyfs intellectual property right, the entrant concerned shall cooperate with SANYO Electric Co., Ltd. in handling the dispute.
yHandling of Presented Workz
SANYO Electric Co., Ltd. shall have the right to publicize all the presented work for publicity and advertisement regardless of form of expression via magazines, websites, publications etc. In such cases, SANYO Electric Co., Ltd. has the right to at its sole discretion duplicate, modify, make some addition to, delete, or make some other alteration to the presented work, including printing and photographing.
Entrant who thinks it necessary to apply for design right and other intellectual property rights to their presented work shall go through necessary procedures under their own responsibility and at their own expense before entering the Design Competition.
In any case where SANYO Electric Co., Ltd. adopts a design, project, idea etc. identical or similar to any presented work in whole or in part, SANYO Electric Co., Ltd. will have no accountability to the entrant concerned.
Entrant shall keep and manage their presented work under their own responsibility and at their own expense by means such as making a backup thereof. SANYO Electric Co., Ltd. will not be held responsible for any damage incurred by the entrant or any third party resulting from loss or usage of presented work.
yRevocation of Prizez
In the event that the prize-winning work is found to have previously been made public or is suspected of infringing on the intellectual property right of others, including mimicry and plagiarism, SANYO Electric Co., Ltd. may revoke the prize even after the announcement thereof. Further, if it is ever revealed that any entrant intentionally infringed on the intellectual property right of others, SANYO Electric Co., Ltd. may claim compensation for damage accordingly.
SANYO Electric Co., Ltd. shall be under no obligation to select the grand prize work or superior prize work from among the entries or to utilize or use any selected work for its own business or business of any third party. Further, SANYO Electric Co., Ltd. is not obliged to inform or notify the entrants of the selection status of the competition or to disclose or explain the reasons underlying the selection result.
Entrant shall agree in advance that upon negotiation about the commercialization of a prize-winning work and application thereof to next-generation products, some modification may be made through exchange of opinions and consultation between SANYO Electric Co., Ltd. and the entrant and thus SANYO Electric Co., Ltd. shall not be required to commercialize the prize-winning work without any modification.
yOperation of Design Competitionz
SANYO Electric Co., Ltd. will not be held responsible for any damage incurred by the entrant resulting from suspension, change, or postponement of the Design Competition.
SANYO Electric Co., Ltd. will not be held responsible for any damage incurred by the entrant resulting from use of the entrantfs presented work by a third party.
yProhibited Acts and Obligations of Entrantz
The entrant shall not perform any of the following acts:
Making a false declaration or statement in regard to the work and any related information presented upon or after entering the Design Competition;
Violating any of the provisions of The Rules;
Entering the Design Competition with a work which is an imitation of or has a resemblance to the work of a third party;
Disclosing or presenting the presented work to a third party for purposes other than the Design Competition after entering the Design Competition;
Pretending to be a person related to SANYO Electric Co., Ltd.;
Telling a lie to a third party that the entrant has some specific relationship with SANYO Electric Co., Ltd., such as alliance, agency relationship, or consignment relationship, or taking any action which will give rise to such a misunderstanding to a third party;
Using information, which SANYO Electric Co., Ltd. makes public or presents at the Design Competition, for non-private use purposes, or letting a third party use such information, presenting such information to the public, or taking any other action which infringes on the rights of a third party.
Libeling, slandering, or discriminating against SANYO Electric Co., Ltd. or any third party including other entrants of the Design Competition, or taking any action which violates privacy thereof;
Taking any action which damages or may damage the reputation or credibility of SANYO Electric Co., Ltd. or any third party including other entrants by making a point of a fact in a public way, diffusing false information etc.;
Taking any action which hampers or may hamper the operation of the Design Competition; and
Taking any action which violates or may violate laws and regulations.
Item 4 of the previous paragraph does not apply after a lapse of one year from the announcement of the final screening result or in the event that the negotiation about assignment of rights etc. between SANYO Electric Co., Ltd. and the entrant didnft reach an agreement.
Upon entering the Design Competition, the entrant shall not disclose or leak any information, materials and the like obtainable from SANYO Electric Co., Ltd. if instructed to that effect.
Should any damages be incurred by SANYO Electric Co., Ltd. or a third party as a result of an entry to the Design Competition, the entrant concerned shall pay such damages under their own responsibility and at their own expense.
The Rules shall be governed and construed in accordance with the laws of Japan.
yAgreement Jurisdictional Courtz
In the event that a dispute arises in relation to The Rules between the parties concerned, the agreed exclusive jurisdictional court of first instance shall be the Osaka District Court.