Introduction:
In these Award Terms (“the Terms”), “Gardena” shall mean Gardena GmbH, and “you” or “the participant” shall mean the participating company, individual or institution who makes a submission as described below. The “Award” means the GARDENA Garden Award 2021 for garden entrepreneurs described on the website www.gardena.com.
Who can apply:
Individual entrepreneurs (natural persons), early-stage start-up companies that are not older than five years, universities, or other educational institutions, from any EU-member state as well as Norway, Switzerland and the UK.
Employees of Gardena and its affiliates or any other individuals whose participation would or could create a real or apparent conflict of interest, are not eligible to participate.
What are we looking for:
We are looking for gardening entrepreneurs, start-ups, universities or other educational institutions whose ideas & business cases fit to one or more of the related areas that are named below:
- Smart systems / Internet of Things
- Water technology
- Garden technology
- Cutting technology
- City / Urban gardening
- E-commerce and service with garden focus
- Mobile Apps with plants / garden focus
- Sustainable gardening
- Gardening and food
- Garden: the place to be, meet and work
Your ideas and business cases and all information you submit to Gardena shall only contain publicly available information, for example information or content that is shown on your website. Gardena will not keep any information that you submit in connection with this Award confidential.
What are the prizes:
There will be three prizes:
1st place:
5000 € cash prize & GARDENA Sileno lawn mower [model city 500]
2nd place:
3000 € cash prize
3rd place:
2000 € cash prize
Additional 1000 € cash prize in the category “sustainable gardening”, which is sponsored by koelnmesse.
Participants shall be responsible for payment of any taxes incurred in connection with their prizes.
Application Process and Award Stages:
(1) Apply via application online page no later than 25 July 2021. No other means of submitting an application will be accepted.
(2) Pre-Selection Process by Gardena Pre-Selection Team.
(3) Internal review of short-listed candidates by Gardena Jury.
(4) Gardena Jury will decide on four nominees for the final award for places 1, 2 and 3 and an additional participant to receive the “sustainable gardening” koelnmesse prize. These nominees will be part of the award event.
(5) Gardena will provide information to nominees about their nomination by 11 August 2021.
(6)
Online award event at the discretion of Gardena on 2 September 2021 or a later date.
What else is excluded or included from the Award:
Travel costs as well as costs for accommodations and other costs incurred must be paid by each participant himself.
Acceptance of the nomination obligates the exhibitor to participate in the Award event. If a nominee is unable to attend the event, Gardena reserves the right to nominate another applicant and the nominee will not be entitled to any prize.
(Pre-)Selection, nomination and award:
Please note that the pre-selection, nomination and final award will be handled by Gardena at its discretion. Gardena has no obligation towards any participant for their submission to be used, considered, accepted, nominated or to receive an award or prize or any other compensation.
No relationship of trust or confidence exists, nor is such relationship created or implied between Gardena and the participant in connection with the submission.
Like other companies who design, develop and manufacture their own products and services, Gardena and its affiliated companies employ a substantial number of engineers and researchers who are constantly working to improve our existing products and services and to develop new products and services for our customers. Participants therefore acknowledge and agree that it is possible that an idea similar to theirs has already been or is already being considered by Gardena or its affiliated companies and may already be in development.
Participants release, waive and acquit, Gardena, its affiliates, officers, directors, employees, agents, successors and assigns from and against any and all claims, lawsuits, demands, liabilities and obligations arising in connection with, or relating to, their submission and any other disclosures relating to the Award.
Gardena reserves the right to reject any submission which does not comply with the Terms. In particular, Gardena will reject applications which are (i) submitted outside this online application process, e.g. by email, mail, fax or the like and/or (ii) outside the scope of the Award as described above under “What are we looking for”. Applications which do not comply with the Terms are treated as “Unsolicited Submissions” as further set out below.
Intellectual property rights:
By entering the Award the participant warrants and represents that its submission (a) is its own original work or that it has obtained it lawfully and/or via a valid license; (b) has not been submitted in any other competition or event; (c) has not won a previous prize or award; and (d) does not violate any law, regulation or right of any third party, including but not limited to intellectual property rights such as patents, design rights, copyright or trademarks, or rights of publicity and/or privacy.
By entering a submission, the participant grants to Gardena the right to publish or otherwise reproduce their submission online and in any other media. Further, the participant grants to Gardena an irrevocable and perpetual, royalty-free, worldwide license, in all media (now known or later developed) to (a) use, review, assess, test, and otherwise analyze the submission, and (b) use, copy, make available, modify and license any intellectual property rights incorporated in or otherwise necessary for the evaluation and commercialization of the submission in connection with the Award, including in any marketing or advertising relating to the Award.
Participant agrees to offer Gardena the first right of refusal to negotiate in good faith any further commercial collaboration regarding the further development and commercialization of their submission and will not enter into negotiations with any third party for a period of thirty days after notifying Gardena unless Gardena agrees otherwise in writing.
To the extent Gardena provides to the participant any software, information, or other materials, such software, information, or other materials are provided on a limited, non-exclusive, and revocable basis for the participant to use only in connection with the Award event. All other rights, licenses, or permissions are reserved by Gardena. Nothing in these Terms shall be interpreted as granting the participant permission to use or display any of Gardena’s trademarks (including any logo or brand) or rights in any Gardena technologies or other intellectual property. Moreover, nothing shall permit the participant to promote their participation or involvement in the Award without Gardena’s prior written consent.
Consent to use of names and photos:
By participating in the Award, applicants (and their participating team members where applicable) consent to the use of their names and photos by Gardena and third parties acting on their behalf for advertising and promotional purposes in connection with the Award event.
Do not send Unsolicited Submissions:
Do not send or provide any submissions in any form to Gardena or any of its employees or affiliated companies which are not in compliance with the above Terms , in particular, do not send us (i) any submission in whatever form(at), including but not limited to ideas, works, materials, proposals, suggestions, artwork, content or the like, including for advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials outside the application online form nor (ii) any such submissions which fall outside the scope of the Award (hereinafter “Unsolicited Submissions”).
In case, despite the above clear request and warning, you should send us Unsolicited Submissions, then the following terms will apply to your submissions irrespective of any other statement or note you make in or in connection with such submission, and you agree that, without limiting any of the other provisions of these Terms, (a) your submissions and their contents along with related intellectual property rights will automatically become the property of Gardena, without any compensation to you; (b) Gardena may use or redistribute the submissions and their contents for any purpose and in any way on an unrestricted basis; (c) there is no obligation for Gardena to review the submissions; and (d) there is no obligation to keep any submissions confidential.
Limitation of liability:
Gardena shall have no liability to the participants in connection with: (i) any incorrect or inaccurate information, whether caused by Gardena’s electronic or printing error, or by any of the equipment or programming associated with or utilized in the Award; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Award website; (iii) unauthorized human intervention in any part of the entry process or the Award; (iv) technical or human error which may occur in the administration of the Award or the processing of submissions; (v) changes to the award event due to circumstances outside Gardena’s control; (vi) failure by the participant to obtain a necessary third party license, consent, or permission to any aspect of a submission; (vi) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the participant’s participation in the Award or receipt or use or misuse of any prize; (vii) incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible submissions or for address or email address changes of the participants (and participant’s failure to provide updated contact information). Proof of sending or submitting will not be deemed to be proof of receipt by Gardena.
TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT AGREES THAT IN NO EVENT SHALL THE GARDENA BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR ENHANCED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE (INCLUDING THE ENTRY INTO, PERFORMANCE OR BREACH OF THESE RULES), REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE OR THE PARTY AGAINST WHOM SUCH LIABILITY IS CLAIMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
Independent Contractors:
The relationship between the participant and Gardena is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
Severability:
If any term or provision of these Terms are invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Terms. Upon a determination that any term or other provision is invalid, illegal or unenforceable, Gardena shall modify the Terms so as to effect the original intent of Gardena as closely as possible.
Governing law and disputes:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the participants and Gardena in connection with the Award, shall be interpreted and enforced according to and under the laws of Germany without regard to any choice of law provisions thereof. Any dispute arising out of or related in any manner to the Award or these Terms shall be referred to and finally determined by arbitration in accordance with the Arbitration Rules of the German Institution of Arbitration e.V. (DIS). The place of arbitration shall be in Frankfurt am Main, Germany and the language of the proceedings shall be English unless the parties agree otherwise.