SHICON & SPONSORING BRANDS – CONTENT SUBMISSION AND COMPETITION RULES

By selecting "I Accept" you are agreeing to all ArtDesigns and CoolPhotos Submission Competition Rules with Terms and Conditions from Shicon and external Sponsoring Brands as described below.

INTRODUCTION

1) With the ArtDesign and ArtDesigns term below we mean and include any word, combination of words, symbol, slogan, photographic image, CoolPhoto, CoolPhoto contest and any type of design that you compose in a creative way.

2) You must be 18 years or older to submit your ArtDesign. If you're younger you can still make an ArtDesign, but it must be submitted on your behalf by a parent or guardian.

3) With the Brand and Brands terms we include all Companies, Groups and People that will launch a Contest in their name on the Website (hereinafter mentioned as “Sponsoring Brands”). For any Brand you may find appropriate terms, conditions, rules and prizes and you will see different details, if any, at the end of this document and in the creative brief for the Contest.

ARTDESIGNS CONTEST RULES - TERMS AND CONDITION

3)You acknowledge ArtDesigns submitted within the Contest must be your own original work. It means they has not been previously published or being part, at the same time, of another competition. They also may not contain any intellectual property belonging to any third parties such us trademarks, logos, copyrighted materials, publicity right, privacy right or any agreement or arrangements that would interfere with their free and clear use if not licensed by relative owner. Shicon and Sponsoring Brands decline any responsibility for this.

4) Shicon and Sponsoring Brands retain the right to decline any submission that, in in their sole discretion, deems to be profane, offensive or inappropriate or manifestly offensive of third's parties rights. ArtDesigns accepted into the competitions may be removed by Shicon or Sponsoring Brands at any time for any reason, including poor or inappropriate design quality. Shicon also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.

5) Submitted ArtDesigns accepted by Shicon on the Website are eligible to be chosen for the following prizes: Shicon Special Contest prizes as described in the associated brief - Branded Contest prizes as described in the associated brief.

6) After your ArtDesign is submitted it will subject to a binding option to become a property of Shicon or the Sponsoring Brand. Once your ArtDesign is published on the Website you hereby grant Shicon and the Sponsoring Brand a perpetual, nonexclusive, royalty free license to do the following: use, reproduce and display the ArtDesign solely in connection with online (that is to say solely within the web) advertising of the creative campaign conducted on shicon.com. In such cases Shicon or the Sponsoring Brand will initially inform and always mention you alongside each copy of the displayed ArtDesign.

If your ArtDesign is also selected as a winner for a creative competition which includes, but it's not limited to Shicon Special Contests, Branded Contests you will receive a notification email at the address you provided on the Website. Upon such notification your ArtDesign will become a property of Shicon (in the case of Shicon Natural Contests and Shicon Special Contests) or the Sponsoring Brand (in the case of Branded Contests) and you will agree to grant/assign an exclusive and perpetual right to use it for commercial purposes and for registering the ArtDesign with the appropriate Copyright Office(s) in the name of Shicon or the Sponsoring Brand, whichever is applicable as described above. You agree to provide Shicon or the Sponsoring Brand with all information as may be required in order to register the copyright in the acquired ArtDesign, at no cost.

7) Shicon has exclusive rights to acquire the ArtDesign within 90 (ninety) days from the date of submission, while Sponsoring Brands have exclusive rights to acquire the ArtDesign within 60 (sixty) days from the end date of the creative competition (collectively defined as the “Acquisition Period” in the remainder of this agreement). An acquired ArtDesign will be explicitly selected as a winner and the author will be notified as described in the aforementioned clause 6. This means that during the Acquisition Period you may not reproduce, sell or submit ArtDesign to others for commercial purpose like described in ArtDesigns Submission Terms and Conditions. Obviously you feel free to advertise your ArtDesign in your shop or website, social network and through any online and offline action by referring to the Shicon.com site: share and seed your creative talent. In fact winning ArtDesigns could be determined by a combination of voting results and where they are coming from, participant comments and where they are coming from, Shicon and Sponsoring Brand staff and possibly guest judges. Final judgment is about original and innovative icon designs. Shicon and Sponsoring Brand can decide not to assign the winning prize to any ArtDesign, in their sole discretion. In addition if the ArtDesign is used elsewhere for commercial purposes you can't use Shicon to promote the ArtDesign or the company using the ArtDesign. As well you can't use Shicon to promote any company that operates in competition with Shicon. Once the Acquisition Period has passed, if Shicon or the Sponsoring Brand does not choose your ArtDesign as a winner, you are free to use the ArtDesign for any commercial or non-commercial purpose, and you are released from any obligation to Shicon or the Sponsoring Brand, apart from what set above with reference to the non exclusive license granted to Shicon and the Sponsoring Brand for the online use of the ArtDesigns, that will remain valid and binding between the parties.

8) Acquired ArtDesigns, like described in clauses 6 and 7, can be used from Shicon or Sponsoring Brand for print out, manufacturing and trading of quality and trendy items including but not limited to t-shirts and urban apparel, lifestyle and beauty accessories, homeware and consumer electronics. They may be produced in limited editions by Shicon - it means lots of no more than 100 items will be manufactured in the same colour and/or shape – and in limited or unlimited editions by the Sponsoring Brand.

9) Both Shicon Special Contest Prizes and Branded Contest Prizes will be described in the brief of the associated Contest.

10) If your ArtDesign wins or if your ArtDesign is selected to be acquired by the Sponsoring Brand you must send to Shicon a high-resolution version, in Illustrator or Photoshop .ai, it means a minimum of 300 dpi and to the approximate size that the design should be printed. Please incorporate your signature in the ArtDesign using Georgia font 6,2 points. The permission to use your "Name and Surname or Username" and all details about payment within 3 working days.

11) Following on from the payment of the above prizes you grant/assign the royalty free, exclusive and perpetual right to use it for commercial purposes. For any reason you cannot pretend more than the total maximum prize we described above.

12) Prizes are payable by Shicon.com through PayPal or wire transfer - please note that for wire transfers your Bank will take a few more days for clearing. Payment will be sent within 60 working days after.

13) Your Name and Surname or Username could be print on the item, closed to the ArtDesign, to read "by... (your Name and Surname or Username)". That's the reason why after you become the winner we can ask you the permission to use your "Name and Surname or Username" and you have to choose which one we can print. Remember once you give us your answer you can't change your mind.

14) Shicon and Sponsoring Brands reserve the right to change these payment terms at any time, by posting them on the Shicon.com website, and changes will be effective upon such publication. Payment will be based on the terms in effect when your ArtDesign is posted for the later acquisition of ArtDesigns by Shicon. You alone will be responsible for the payment of any taxation that arises as a result of receiving payment from Shicon and/or Sponsoring Brands.

15) The ArtDesigns which become a property of Shicon or the Sponsoring Brand as set in clauses 6 and 7 above may be modified in any way whatsoever, used as a basis for additional illustrations or images (whether or not by you) and any modifications or derivatives thereof may be digitized without any additional approval being required of you.

16) Shicon and Sponsoring Brands are not responsible for any entry ArtDesigns that are altered, defective, delayed, deleted, destroyed, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, invalid, late, lost, misrouted, multiple, nondelivered, stolen, tampered with, unauthorized or unintelligible; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable e-mails resulting from any form of active or passive e-mail filtering; insufficient space in entrant's e-mail account to receive e-mail; or other errors of any kind, whether due to electronic, mechanical or human error or other causes, even if caused by the negligence of the Shicon.com. sole discretion and without prior notice.

17) In respect of the contents posted by you which are objectionable in any manner, infringing any rights of third party, malicious, suffering from any defect entailing civil/criminal actions, you shall be solely responsible for such contents and consequently such actions, though such contents are so used, reproduced, modified, adapted, published, translated, created derivates of, distributed, performed or displayed by us on any media at any time or place. You shall defend, protect and indemnify us in the event of such defects exist or arise or such actions are initiated.

18) No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between Shicon, Sponsoring Brands, competition participants and the winner or community member by this Agreement.

19) These contract shall be governed by the Laws of Italy. The Courts of law at Milan shall have exclusive jurisdiction over any disputes arising under these terms. The use of Website/services thereon is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

For any question, problem or violation about Privacy Policy and Terms of Use please contact info@shicon.com

Updates to Terms of Use Terms of Use updated Nov, 2010.

According to article 1341 of the Italian Codice Civile (Civil Code) the User declares to have read and completely understood the terms contained in clauses nn: 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 15, 16, 17, 18, 19 and to accept them.

Specifically, concerning Contests concerning the Smoking brand and its products, the following rules apply:

GUIDELINES FOR THE REALIZATION OF THE SMOKING CONTEST

I. RECIPIENTS FOR THE GUIDELINES

These guidelines are set for the participants (generally referred to as the “Participants”) to the Smoking creative contest (the “Contest”) that will take place on the Shicon platform concerning the products of the line Smoking. These Guidelines have the purpose to address the Participants towards a correct formulation of the creative Contest.

II. INFORMATION RELATED TO THE CONTENT OF THE CONTEST

The works realized by the Participants under the Contest shall not contain any reference direct or indirect to smoking products.

In particular for example, in the Participants’ works, will not have to appear:

a) images or drawings even evocative or suggestive of cigarettes, cigars, cigarillos, tobacco for pipes or snuff, or anyway products made from tobacco even partially;

b) videos that contains images, drawings, or representations made in any way even only indirectly evocative of the products indicated at the above sub a);

c) terms, expressions - in any language translated - "cigarettes", "cigars", "cigarillos", "tobacco", "pipe tobacco", "snuff ", "smoke", "smoking", "smoking products" or that are likely to evoke even indirectly one of products or terms described above;

d) names, brands, or symbols of manufactures of cigarettes, cigars, cigarillos, tobacco, or smoking products in general.

In addition the works realized by the Participants under the Contest shall not

(i) challenge, in any way, the concept that a lighter can be a dangerous product not suitable for children;

(ii) create an association between the lighter and any image with a negative  perception;

(iii) communicate that a lighter is something that never turn off.

The Participants must consider the safety of lighters as an important reference point.

III. LEGAL NOTICE

In addition to the terms and conditions established by Shicon for the use of the platform, the Participants to the Smoking Contest should be advised that all Smoking trademarks, logos, designs, product names, whether or not appearing in large print or with trademark symbols, are registered trademarks. The distribution, downloading, editing, modification, reuse, reproduction, reposting, transmission, performance, display or other uses of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander or libel, the law of privacy and publicity, and communications regulations and statutes. Further, please be advised that BIC actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

IV. ASSIGNEMENT OF IP RIGHTS/REPRESENTATIONS AND WARRANTIES OF THE PARTICIPANTS

1. With the submission of the creative works to the Contest in the Shicon platform (the “Creative Works”), the Participants agree to the terms and conditions set forth below. In particular, the Participants undertakes to fully sign and execute any further documents for the assignments of their IP rights as required from time to time by Bic Italia S.p.A. (“Bic”).

2. The Participants agree to transfer and assign to Bic all intellectual property rights (including but not limiting, any design, copyright, trademark, trade name, software, know-how, concept, database, drawning, film, plan, and all other right of a similar nature which may subsist) regarding the Creative Works submitted for the creative Contest on the Shicon platform, anywhere in the world and without limitation of time. Bic can freely assign such rights to other entities, individual or legal persons and to other companies of the Bic Group.

3. As a consequence of what provided in point 2., Bic can freely use, dispose, translate, edit, amend, reproduce, in whole or in part, for commercial purpose and/or for advertising or for any other purpose by any means and in relation to any products, all the Creative Works created and developed by the Participants within the Contest.

4. The Participants represent and warrant that: (i) the Creative Works submitted to the Contest shall be their own original works and do not contain any element that can be seen as infringing third parties’ rights whatsoever (ii) the Creative Works have not been copied wholly or in part from any other work or material that can infringe the rights of any third party whatsoever (iii) it has not granted, licensed or assigned any rights of any nature in the Creative Works to any third Party whatsoever in any part of the world and that it has been obtained all necessary consents and waivers from any third party involved in the creation of the Creative Works (iv) the Participants have the full power and authority to assign their intellectual property rights in relation to the Creative Works.