Terms and Conditions

 

DEUS BIKE BUILD OFF – COMPETITION RULES

  1. PURPOSE OF THE COMPETITION

 1.1 DEUS EX MACHINA (Company) is a fashion/motorcycle/lifestyle company with an interest in the custom bike segment.

1.2 To this end, and with the aim of discovering new motorcycle builders, Company has launched a competition entitled DEUS BIKE BUILD OFF aimed at finding new creative bike builder etc (hereinafter the “Competition”).

  1. SPONSOR

This Competition is organized and sponsored by the Company

  1. DESCRIPTION OF THE COMPETITION

3.1 Each competitor can participate in the Competition at no cost by submitting a selection of images and/or videos of their custom built motorcycle following the rules set out herein.

All materials must be accompanied by a short text in English written by the competitor and the maximum length of 1000 characters (hereinafter the “Material”). The Material must be the original work of the competitor and must not infringe any third party intellectual property rights.

3.2 The Competition provides for the nomination of one winner

  1. DURATION OF THE COMPETITION 

The Competition will start at 15:00 CET on January 18th September 2019 and will finish at 3:00 pm on 31st July 2019 (hereinafter the “Competition Period”). Each competitor is responsible for determining the time zone corresponding to his location of relevance. Entries received after this specific time frame will not be taken into consideration.

  1. HOW TO REGISTER

5.1 Until 15:00 CET on 31st July 2019, the competitor has the opportunity to present their original Material to DEUS, uploading the relevant file through the appropriate section of this website (www.bikebuildoff.com), in accordance with the procedure set out in that section. In case of problems in loading, competitors can contact the following e-mail address: info@bikebuildoff.com

5.2 All entries must comply with the provisions of the following article 6 (Submission of Material – Eligibility Criteria). The Materials and documents presented will not be returned.

5.3 Participation in the competition is free.

  1. SUBMISSION OF THE MATERIAL – ELIGIBILITY CRITERIA

6.1 To participate in the Competition the competitor must be at least eighteen (18) years of age at the time of sending their Material and, if requested by Company, will have to provide proof of their age.

6.2 Only ONE (1) submission will be allowed for each competitor.

Any additional submissions after a competitor’s original submission will be considered void and not be included for consideration in the competition.

No Material will be accepted by representatives of the competitor or third parties in general.

The Material must have the following technical characteristics and comply with the following parameters:

  1. a) Images are to be submitted in JPEG format. The dimensions must comply with the following parameters:
  • Minimum 1080pixel width and file size not exceeding 5 MB for each image in case of sending an image gallery;
  1. b) Video – minimum 1920 pixels by 1080 and maximum file size of 25 MB. Company reserves the right not to admit to the Competition, or to disqualify, competitors who present or who have submitted Material with technical characteristics different from those contemplated here.

6.3 The Competitor is to participate in the Competition must use his / her personal name. Company therefore reserves the right to disqualify the competitor if the Competitor takes part in the Competition using a false name or a pseudonym. By registering for the Competition the competitor ensures and guarantees that all the information provided is true, current, complete and not misleading

6.4 The competitor declares that the Material is of its exclusive production and processing, and that has not previously been published in any version, language (relative to the accompanying text) or format, online or otherwise, and must conform to the following lines guide. In particular, the submitted Material must not:

  1. a) contain sexual references, or blasphemous or pornographic;
  2. b) refer to offensive content or references to any ethnic group, race, gender, religion, profession, age group or disability;
  3. c) promote alcohol, drugs, tobacco, firearms and any other type of weapons (or their consumption or use) or any activities that may be unsafe or dangerous;
  4. d) contain any type of personal identification (such as, for example, personal names, e-mail addresses, license plate numbers) of subjects other than the competitor, unless the competitor has previously received all necessary and relative authorization;
  5. e) contain materials bearing names or other distinctive signs that may

identify a person, alive or dead, without authorization, excluding the

competitor.

  1. f) violate any rights of third parties, including copyrights or any other rights

intellectual property right; or

  1. g) in any other way be regarded by the Company in its sole judgement as offensive or inappropriate having regard for the objective of the Competition.

DEUS may, in its absolute discretion, refuse any Material that it considers unacceptable according to the above criteria.

6.5 The competitor is solely responsible for the content of his Material uploaded on this website for the purposes of participation in the Competition and is fully aware that Company can not in any way be held jointly responsible, for any reason, for this content.

6.6 The competitor must keep the e-mail address provided at the time of registration effective and operational throughout the Competition Period. If Company fails to contact the Competitor via e-mail due to an incorrect, incomplete or non-operational e-mail address, Company will have no responsibility in this regard and, in the event that Company fails to notify the competitor of having been selected among the winners of the competition, they would lose their prize status.

6.7 The Competition is open to Deus staff and family. Any such competitor will have to follow the Rules like any other competitor and will be assessed and judged according to the criteria set out in the agreement.

ALL COMMUNICATIONS RELATED TO THE COMPETITION WILL BE TRANSMITTED ONLY BY E-MAIL. THE COMPETITOR IS OBLIGED TO ENSURE THAT THEIR EMAIL ADDRESS IS ACTIVE UNTIL THE CONCLUSION OF THE COMPETITION AND THAT THE ELECTRONIC MAIL FILTERS DO NOT PREVENT DEUS TO CONTACT IT.

  1. BINDING AGREEMENT

7.1 In order to participate in the Competition, the competitor must accept the Competition rules set out in the agreement (hereinafter the “Rules”). The competitor accepts that the presentation of their registration to the Competition constitutes unconditional acceptance of the Rules.

7.2 The Rules constitute a legally binding agreement between the competitor and Company regarding the Competition. The Rules are visible in the appropriate section of access to the Competition contained in the website: www.bikebuildoff.com

7.3 Any modification made to the Rules at the discretion of Company will be published on the aforementioned website.

7.4 The competitor acknowledges that no compensation or any kind of compensation / reimbursement is due to him/her by Company for their participation in the Competition and that they are responsible for any costs incurred in connection with the Competition.

  1. PRIZES AND JUDGING

8.1 The Winner will be selected by a panel of experts, the panel will be selected by Deus Ex Machina senior management. The list of experts will be made public and published on www.bikebuildoff.com during the competition.

8.2 At the closing of the competition, each judge will review all eligible entries and select their top five submissions from the competition. Judges are only able to select competitors who have successfully submitted an entry which adheres to the guidelines submitted in article 6 of this document and in all respects complies with the Rules.

8.3 Each judge will rank their submissions in order of preference.

5 points to their 1st preference

4 points to their 2nd preference

3 points to their 3rd preference

2 points to their 4th preference

1 points to their 5th preference

8.4 After all judges have submitted their preferences, the points will be tallied and the competitor with the most overall points will be deemed the winner.

8.5 In the event of a tie, all judges will be required to nominate a winner from the two competitors who have equal points. The winner will be selected by a majority rules process.

8.6 The Winner of the Competition will receive, as the prize for first place:

TWO (2) return airfares from their nearest capital city to ONE of the following cities – Sydney, Los Angeles, Milan, Canggu, Biarritz, Tokyo.

Details:

  • Valid for 12 months
  • Economy Class Ticket
  • Competitor must communicate travel dates and companion to Deus 3 months in advance
  • Deus to arrange booking and confirmation of flights with airline of their choice
  • Winner to arrange own visas and insurance
  • Winners assume all other local costs
  • Deus Ex Machina to provide local tour of Temple when guests arrive

8.7 To receive the Prize, the Winner will be notified by e-mail, from Company to whom they will have to respond promptly accepting the prize by sending a duly signed document, accompanied by an identity document in force. If the Winner fails to respond by providing such documentation within 15 (fifteen) days from the date on which Company informs him/her that they have been selected as the Winner, the Prize will be retained by Company which may, in its sole discretion, disqualify the Winner and assign the Prize to another competitor.

8.8 The Prize, as well as the publication of the Material according to the provisions of art [   ] of this agreement and the visibility opportunities offered by the Competition itself must be considered as a recognition of one’s own personal abilities and merits. This opportunity is offered in order to promote culture and artistic talent.

8.9 The Winner of the Competition may be requested by Company to participate in an event or an exhibition or other similar initiative organized specifically by Company in relation or with reference to the awarding of the Winner’s Prize and the Winner authorises Company to disclose the Winner’s identity, the Material and any related images or video, which may also include an image or video of the Winner, on any medium, without any limit, for any communication, editorial or public relations purposes.

  1. DEUS RIGHTS ON THE MATERIAL

9.1 By participating in the Competition the competitor expressly recognizes and accepts the following rights reserved to DEUS on the Material:

(a) The competitor whose Material has been chosen by DEUS for publication, as provided for in Article [     ] of this agreement, confirms that he/she is surrendering to Company, as part of their registration in the Competition and without any further confirmation, the right to use, reproduce, publish, process, modify and disseminate the Material, also as elaborated or modified in the Company’s sole discretion, in the section of the website DEUS.com/journal website dedicated to the Competition; on the instagram account @DEUSBUIKBUILDOFF profile and on any other site or social media channel chosen by Company in its sole discretion, without any limitation and without any compensation for the competitor, during and after the Competition;

(b) The competitor who is the Winner of the Competition transfers and assigns definitively to Company, which accepts, without any further payment in addition to the value of the Prize, full ownership of all rights of use and economic exploitation of the Material as well as any other intellectual property right, without any limitation, and in an exclusive way, with global extension, including the right to transfer and allow its use to/by third parties and to rework and modify it, acknolwledging that the Company will have full and exclusive ownership of every future right on the Material and all subsequent material derived from such re-elaborations and modifications, without further approval, without any limitation and without any compensation to the Winner.

(c) The Winner consequently recognizes that he/she has no right to use all or part of the Material in any way, for any purpose, or to authorize or allow third parties to use the Material in whole or in part, in any way and for any purpose, without any time limit.

9.2 Company, directly or through its own consultants linked to the Competition, may request the competitors and the Winner to participate in communication, advertising and public relations activities related to the Competition. In this case, the competitors and the Winner undertake (i) to satisfy the requests of Company, and (ii) to guarantee to Company all rights of use, reproduction and public disclosure of the results of these activities as well as their name and image by any means of communication, be it material or digital, including the Internet, making them available, upon request, to third parties, and according to any modality, at the sole discretion of Company, without any right for the competitor and the Winner to receive any related compensation.

  1. DISQUALIFICATION AND CANCELLATION 

10.1 In addition to any non-compliance with the Rules a competitor may be disqualified in the following cases:

(a) The competitor refuses to send to Company documents acceptable to Company (in its sole discretion) attesting to their personal identity, age and address (passport, driving license, etc.);

(b) The competitor inserts incorrect or truthful data regarding his name, age, e-mail address, or other information requested in connection with his registration to the Competition;

(c) If the competitor engages in fraud, fraud, deception, fraudulent actions or conduct or in bad faith aimed at illegitimate participation in and / or winning the Competition;

(d) If the competitor violates the obligations or declarations and warranties provided for in this agreement or otherwise acts improperly or or in a way which could or does compromise the reputation and / or credibility of the Competition and, consequently, of Company or the Deus Ex Machina brand.

10.2 In all the cases specified above and in the other cases of exclusion from the Competition for any reason, the competitor will be disqualified and his/her participation in the Competition will be cancelled.

10.3 If the competitor has already been nominated as the Winner, the winning appointment will be considered invalid and then cancelled and the Prize will be retained by Company which may, in its sole discretion, disqualify the Winner and award the prize to another competitor. If the Winner’s Prize has already been delivered, Company will have the right to request a return and the competitor will return it.

  1. DECLARATIONS AND GUARANTEES – INDEMNIFICATION

11.1 The competitor declares, warrants and guarantees:

(i) to have every right to present the Material to the Competition and be

fully entitled to participate in this Competition and to validly and effectively dispose of the rights recognized and / or assigned to Company;

(ii) to recognize and / or assign to Company the property and / or any related right to use the Material as provided for in this agreement;

(iii) that the Material presented for the purposes of this Competition is original

and not susceptible to any dispute of any kind by third parties;

(iv) to be the sole and only author of the Material and the sole and sole holder of any related intellectual property right;

(v) not to use the Material in whole or in part, and for any purpose,

during the Contest Period, and to dispose of it after this Period, if it is not the Winner, without ever making any reference or association to the “DEUS” brand and products.

11.2 It is understood that, with the submission of the Material, the competitor has made some declarations and guarantees to Company. Company relies on the accuracy and truth of these declarations and guarantees for the competitor’s participation in the Competition.

11.3 Should Company become aware of the inaccuracy of these declarations and warranties Company reserves the right, in its sole discretion and without prior notice to the Competitor to: (i) have the Competitor excluded from the Competition and (ii) if the Competitor is the Winner of the competition, cancel the nomination as winner and retain the Prize or demand a return.

11.4 Each competitor undertakes to indemnify and hold DEUS harmless from and against any liability, claim, loss, damage, cost and expense (including reasonable legal fees) arising from false, untrue and/or untrustworthy guarantees and declarations made by the competitor in connection with the Competition and Material, the right of Company to claim compensation for any damage suffered as a result of this violation.

  1. CONFIDENTIALITY

12.1 The competitor undertakes not to disclose, disclose, communicate to third parties or otherwise make public any information that is not in the public domain related to Company, its activities, its projects, personnel, agents or its representatives. This commitment is assumed without any time limit.

12.2 Until the official announcement of the Competition Winner, the competitor is not authorized to advertise in any way and on any means of information, including the internet and social networks, his/her participation in the Competition or the fact that he/she has been chosen as the Winner without the prior written authorization of Company.

12.3 During the period of the Competition, the competitor is not authorized to give interviews or take part with third parties to meetings or other initiatives that include the preparation and publication of articles or reports related to the Competition, without the prior written consent of DEUS.

  1. NATURE OF THE COMPETITION AND RELATIONSHIPS WITH COMPETITORS

13.1 In no case may the submission of the Material to the Competition, the awarding of a Prize, or any provision contained in this agreement be interpreted as an offer or a contract of employment with Company.

13.2 The competitor confirms that he/she has sent the Material voluntarily and acknowledges that there is no implicit or actual professional relationship between the competitor and Company, and that no such relationship is established by presenting its registration to the Competition on the basis of these Rules.

  1. PRIVACY

14.1 The competitor agrees that the processing of personal data, including, but not limited to, the name, address, telephone number and e-mail address provided by the latter to Company to participate in the Competition will be processed, processed, stored and otherwise used. in compliance with the current laws on the protection of personal data.

14.2 The competitor undertakes to read the privacy statement expressing, where requested, his/her consent to the processing of data and agrees to provide information in a truthful, accurate, updated and complete manner. The competitor has the right to request verification, updating, correction or the cancellation of personal data held by Company in relation to the Competition, by writing to Company at the following address: [Deus Ex Machina, 98-104 Parramatta Road, Camperdown NSW 2050 Australia] or by sending an email to privacy@deuscustoms.com (?)

  1. LIBERATORY

The website will be available for use by the competitor “as is”, without guarantees from Company of any kind, either legal or otherwise. No written information provided by Company gives rise to any obligation towards the competitor, except as specifically provided for in this agreement.

  1. MISCELLANEOUS

The competitor that this agreement is written in English and declares that he/she fully understands it. In the event of any discrepancy between the this agreement drawn up in English and any related translations into other languages, the original text in English will be considered as the binding version.

  1. APPLICABLE LAW AND JURISDICTION

This agreement is governed by and and will be interpreted in accordance with the laws of New South Wales and competitors submit and agree to the exclusive jurisdiction of the Courts of New South Wales in relation to any action arising from or relating to this agreement.

 

With respect to the “Bike Build Off” Contest (hereinafter the “Contest”), the contender hereby acknowledges that the personal data provided to Deus Ex Machina Motorcycles PTY LTD (hereinafter “Deus Ex Machina”),  with registered office at 98-104 Parramatta Road, Camperdown, Sydney NSW 2050, Australia, by fulfilling the fields contained in the table published in this page is essential to participate to the Contest and that such data shall be processed by Deus Ex Machina within the purposes of the Contest. You hereby expressly authorize Deus Ex Machina to collect, process, store and otherwise use such personal data for the purposes of conducting and administering the Contest, in compliance with the applicable data protection laws, including the Italian Legislative Decree no. 196/2003 (“Italian Personal data protection code”). Especially, you warrant the authenticity and truthfulness of the personal data you supplied herein and acknowledge and agree that your data may be used by Deus Ex Machina to verify the Contest contender’s identity, to contact you for any communication or information related to the Contest and for any other uses and purposes connected to the participation to the Contest. Further, you acknowledge and agree that your personal data may be transferred byDeus Ex Machina to other companies within the Deus Ex Machina Group for the purposes of the Contest. Furthermore, and subject to your prior consent, your personal data may be processed for the following purposes:

(a) for marketing purposes, including sending you and/or contacting you (by post, telephone, email and other form of electronic communication) regarding information and promotions, including of a commercial nature, advertising material, catalogues and invitations to events, related to the Deus Ex Machina Group’s products and services;

(b) for profiling purposes, i.e. for the performance of studies, analyses and statistical and/or market researches, with relation to your preferences on our products, so that a service personalized to your needs may be offered, and to promote initiatives and activities of the Deus Ex Machina Group that may be of interest to you. The processing of your personal data for the purposes referred to at letters (a) and (b) is optional and subject to your prior and explicit consent. Refusal to give your consent may result in our not being able to inform you of any initiatives that may interest you and/or send you any other information of a commercial nature on products, initiatives and events of the Deus Ex Machina Group.

Please note also that in the event that you consent to the processing of your personal data for the purposes referred to at the above letters (a) and (b), your data will be automatically visible to and shared with at all Deus Ex Machina Group stores (inside and outside of the European Union), adopting all the relevant and opportune measures of security and confidentially requested by applicable laws.

Your personal data will not be used for promotional purposes of third parties not arising from the Deus Ex Machina Group and shall not under any circumstances be disseminated to unknown persons.

You may at any time revoke or modify your consent to your personal data processing, require their rectification, updating, integration or erasure writing to Deus Ex Machina Motorcycles PTY LTD,98-104 Parramatta Road, Camperdown, Sydney NSW 2050, Australia, or sending an email at privacy@deuscustoms.com.