Melitta Swirl | Innovation Contest

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English | German

I. Preamble

1. This SMELL FIGHTERS | Innovation Contest (the “Competition”) is offered by Melitta Haushaltsprodukte GmbH & Co. KG (“Melitta”), with its headquarters in Minden, having a registered seat at Ringstrasse 99, 32427 Minden, Germany. Melitta is a European producer of household products. The main business fields are coffee & tea enjoyment with the brands Melitta and Cilia, convenient cleaning with Swirl, Codiac and Gameo.
2. The Competition is hosted on a server from the service provider HYVE Innovation Community GmbH and is accessible via the following hyperlink: www.smellfighters.com. For further details to the timeline of the Competition please see www.smellfighters.com/jury-prizes-contest/contest.
3. The subject of the Competition is to submit ideas for new solutions for avoiding domestic smells. The objective is that one or more ideas might eventually be used by Melitta to create and sell a product in the future. Participants may also actively participate in the Competition by commenting upon and voting for the designs of other contestants, thus helping to select the winners of the Competition.

II. Participants

1. To be eligible to take part in the Competition, participants must furthermore be age 18 or older at the beginning of the Competition. Not eligible for participation are employees of Melitta and their immediate families, and anyone else professionally connected with the Competition. Melitta reserves the right to verify the eligibility of participants and check their identity.
2. In order to take part in the Competition, participants must visit www.smellfighter-contest.com. There they may register for the Competition. Participants will be asked to submit to Melitta via a registration webpage their user name, password and e-mail-address and to confirm that they have read and agree to be bound by these Terms and Conditions. In order to be able to award prizes to the participants and develop a product based on one or more of the participant’s ideas, Melitta needs to know the identity of such participant. Therefore, such participants need to provide Melitta with their full name and address within the course of the contest within the registration webpage, latest with their announcement as one of the winners. Melitta will use the submitted personal information only with respect to this Competition.
3. A participant may end his or her participation in the Competition at any stage by sending a brief email notification at info@smellfighters.com. Termination of the participation shall not affect any rights or obligations incurred prior to the date of termination.
4. No purchase of any product or service of Melitta or any third party is required for participation in the Competition.

III. Competition

1. The process of entering an idea is supported by an easy-to-use submission procedure. Designs may be either created by computer-generated programs or drawn freehand. For further information with regard to the submission of ideas please see www.smellfighters.com/jury-prizes/contest.
2. Melitta will not accept entries which contain content that is:
  • Infringes or misappropriates third party intellectual property rights;
  • Inappropriate, obscene, defamatory, libellous, slanderous, profane, indecent or unlawful;
  • Constitutes “hate speech”, whether directed at an individual or a group, and whether based on the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
  • Promotes or contains viruses, worms, corrupted files, cracks or other materials that are intended to or may damage or render inoperable software, hardware or security measures of Melitta or Hyve AG and/or any other third party;
  • Facilitates or promotes gambling, or the sale or use of hard liquor, tobacco products or illegal drugs or any other illegal activity; or
  • Otherwise restricts or inhibits any person’s use or enjoyment of the Competition or other services provided by Melitta.
3. Entries must address innovation and creativity in new solutions for avoiding domestic smells.
4. Entries which are incomplete, defaced or damaged will be deemed invalid.
5. Participants agree to be bound by these Terms and Conditions when entering the Competition. Failure to comply with these Terms and Conditions will result in the disqualification of the participant. By entering the Competition, participants furthermore agree to abide by Melittas decisions, which are final and binding. The details of evaluation of the Materials will not be published. The participants have no claim to individual feedback or any explanation concerning the jury’s decision. Melitta shall have no obligation to respond to any correspondence received from participants.

IV. Prizes

1. Out of all valid entries from Competition, the jury with the aid of the community’s and the experts’ voting will choose at its sole discretion 3 participants with the best ideas and 3 participants as the most active members (the “Winners”).
2. The prizes are:
Prizes for the best ideas
1. Prize 2.000 €
2. Prize 1.000 €
3. Prize 500 €
Prizes for the most active participants
1. Prize Fully automatic coffeemaker, “Caffeo Lounge”
2. Prize Fully automatic coffeemaker “Lattea”
3. Prize Coffeemaker “Stage”

V. Licence / Transfer

1. By entering the Competition, participants irrevocably and unconditionally assign, to the extent legally possible, to Melitta any and all intellectual property rights, i.e. all right, title and interest of whatsoever nature they may have in the Materials concerning avoiding smell solutions made known to Melitta in the course of the Competition, including, but not limited to, design patents and rights relating to patentable inventions. This assignment shall be free of all liens, encumbrances and rights exercisable by third parties and, without prejudice to the foregoing; with full title guarantee Melitta accepts this assignment.
2. Melitta shall, at its sole discretion, be entitled to use inventions or protectable ideas which are contained in any submitted Materials for any technical use and to file for patents and other statutory protection in any country in its own name as it sees fit, and to maintain or abandon those rights at any time. The intellectual property rights arising on the basis of any such registration shall belong to Melitta. If any intellectual property rights require registration or a similar process in any country, the participants who submitted the Materials shall support Melitta in such process by providing the necessary declarations, documents or other materials available to them. If such support is required from a participant, Melitta shall cover the reasonable costs for such support.
3. Melitta may need some time to internally evaluate the entries. The Winners have no right to claim implementation of the Materials contained in their entries. After a period of 12 (twelve) months starting with the end of the Competition and Melittas decision not to implement the Material, Melitta will re-assign any intellectual property rights or parts thereof to the original author of such entry or, in case of an earlier license grant to Melitta, Melitta will waive any such license right. In the case, Melitta uses an idea of a participant who was not under the three winners, the participant will get the same award of prize like at least the third winner.

VI. Consent to Publication/ Data Protection

1. By entering the Competition, participants consent to Melitta using their Materials made known to Melitta in the course of the Competition for PR purposes, including, but not limited to, advertisements. They further accept that all submitted Materials will be published in the World Wide Web and will be available to an infinite number of users. Participants further agree to the publication of their names if they are chosen as Winners.
2. Storage of personal information for the purposes of the Competition will be conducted in accordance with all applicable data protection laws of the Federal Republic of Germany and the EU- Directive for Data Protection. Specifically, the data collected in the process of this Competition may be used to contact the participants and inform them whether they have won a prize and/or whether and how their Materials might be used by Melitta.

VII. Release

1. Participants warrant and represent that their Materials are original to them and that they have the right to assign the rights or to grant the licenses expressed to be granted in Articles 14 to 16, free from any and all encumbrances and third party rights.
2. By entering the Competition, participants agree to release and hold Melitta harmless from any and all losses, damages, claims, rights, liability and actions of any kind brought against Melitta in connection with the Materials made known to Melitta in the Competition, or from acceptance, possession, participation, or use of any prize, or their breach of the foregoing warranties and representations including and without limitation, personal injuries and death, as well as property damage and claims based on publicity rights, defamation, or invasion of privacy. The foregoing liability shall be restricted to acts of gross negligence and intent except for personal injuries and death.

VIII. Disclaimer

1. Melitta is not responsible for entries not received due to lost, failed, delayed or interrupted connections or miscommunications or other electronic malfunctions, or due to lost, late, mutilated, illegible, incomplete, insufficient postage or misdirected mailed entries. Melitta is not responsible for incorrect or inaccurate entry information, whether caused by persons entered at the web site or by any of the equipment or programming associated with or utilized in the Competition or by any human error which may occur in the processing of the entries in this Competition.
2. Most of the content posted on www.smellfighters.com is provided by third parties. Such third-party content is the sole responsibility of the person creating that content. Melitta does not control, and is not responsible for this third-party content. Melitta does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any content. The participant expressly understands and agrees that he or she bears all risks associated with using or relying on that content.
3. The Competition web site may contain links and references to the web pages of third parties. Melitta shall have no liability for the content of such web pages and does not make representation Melitta does not have control over the information or contents on such web pages. Neither shall Melitta be liable for the quality, correctness or completeness of any third party information expressly provided on the Competition web site as third party information, including any information supplied by any of the sales partners.

IX. Miscellaneous

1. Any tax or National Insurance contributions or incidental expenses arising from the prizes shall be the sole responsibility of the relevant Winner. Any prize granted in the course of the Competition shall be subject to any restrictions that may be imposed on the provision of such prize by the local or international or government authorities generally or to specific identified individuals.
2. Cash alternatives will not be given in lieu of non-monetary prizes. All monetary prizes will be paid in Euros. No prize substitution shall be granted except at the sole discretion of Melitta. If a prize cannot be granted due to circumstances beyond the control of Melitta, a substitute prize of equal value will be provided.
3. These Terms and Conditions, the conduct of the Competition and the interpretation and enforcement of these Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of the Federal Republic of Germany. Participants irrevocably submit to the exclusive jurisdiction of the Courts of the Federal Republic of Germany.