“Make Christmas Lights ACEA”
MAKER FAIRE ROME 2019
REGULATION (download .pdf)
ACEA LOGO (download .pdf)
DECLARATION BY THE WINNER (download .pdf)
ART.1 | Introduction
1. This Regulation disciplines the international Contest entitled “Make Christmas Lights ACEA” (hereinafter also the “Contest”) promoted by ACEA S.p.A. (hereinafter also the “Promoter”) as part of the “Maker Faire Rome” event, which will be held in Rome from 18 to 20 October 2019 (hereinafter also the “Event”), with the objective of realising an artistic lighting project for the city of Rome (hereinafter also the “Project”), as described in more detail in art. 2.
ART. 2 | Calling of the Contest and scope
2.1 The Contest is based on the wishes of the Promoter to realise a project for the high-quality artistic lighting in Rome, in view of the upcoming 2019 Christmas festivities. The scope of the Contest is to support those who, in line with the philosophy of the maker community and on the basis of a concrete requirement of the people, use their ingenuity to come up with a solution which, in the irrefutable opinion of the evaluation committee of which in art. 5 below (hereinafter the “Evaluation Committee”), clearly merits success.
2.2 Each Participant will submit their own project design and documents (hereinafter the “Project Proposal”) which, in addition to pursuing and implementing the Project objectives, must be based around the following factors:
- innovative and original artistic solutions;
- solutions focusing on environmental sustainability.
2.3 All Project Proposals must – on penalty of exclusion from the Contest – be supplemented by a technical and economic feasibility analysis, including a cost-benefit estimate, in support of the solutions proposed and an indication of the timing for their realisation, taking into account that the supply of the required electrical power through suitable temporary contracts must be requested to ACEA Energia/Areti.
2.4 Project Proposals, will pertain to Via del Corso, in I Municipio and must also be developed taking into account their compatibility with the following restrictions and technical characteristics:
- use of the ACEA logo, in a discreet but obvious way, in four specific points on the total length of about 1500 metres (start/end of the road in addition to two points in the middle of the route);
- lampposts and other structures cannot be installed in the close vicinity of buildings;
- the colour of the lighting systems must be in shades of white and/or with colours appropriate to the Christmas tradition;
- the structures must reach a minimum height of 5.5 metres;
- electricity cables cannot be fastened to the walls of buildings without the permission of the owners of the properties;
- the electrical system must respond to all of the safety laws in force and must be protected to prevent accidental contact due to possible interference with the existing ACEA systems.
2.5 The Design Proposal for Via del Corso must include an installation featuring the same style, to be located and reproduced for each of the remaining fifteen municipalities in the city.
2.6 The Company and/or freelance professional submitting the winning concept must also guarantee the artistic direction of their Project Proposal throughout the duration of the works for the completion of the Project – to be carried out under the responsibility and at the expense of the Promoter – until the system is activated.
2.7 The Company and/or the contracting professional in the Contest will have pre-emptive rights for the following contract, which will be done through dedicated beauty contests, for the implementation and assembly/disassembly work for the Christmas lights with the possibility of assembly beginning on 20 November 2019 and disassembly to be performed by 31 January 2020.
ART. 3 | Participation in the Contest and pre-selection process
3.1 Participation in the Contest is free of charge and is aimed not only at the maker community, but to all people aged 18 years or over, Italian of foreign, companies, entities, associations, foundations and/or other legal entities, residing in Italy or elsewhere in the European Union (hereinafter also the “Participants”), excluding:
- bodies, associations and other legal entities that the members of the Evaluation Committee, the directors in office of the Promoter, their spouses and their relatives up to the second degree, and also their live-in partners are members of.
- employees of the Promoter and their relatives up to the second degree or live-in partners, and relatives up to the second degree or live-in partners of members of the Evaluation Committee, including the Chairman.
Participants must state the absence of this conflict of interest in a suitable self-certification, otherwise they will be excluded from the Contest.
3.2 Project Proposals must be feasibly realisable and must preferably use new technologies and ensure environmental sustainability.
3.3 In order to participate in the Contest, Participants must submit their candidatures by sending their Project Proposals on 2D or 3D infographic support no later than 31 July 2019 supplemented by the acceptance of this Regulation, to be given by compiling the relevant form available on the Maker Faire Rome related website [https://makers.makerfairerome.eu/christmaslights/].
3.4 After registering for the Contest, and specifically on acceptance of this Regulation, Participants must irrefutable undertake to subscribe and deliver to the Promoter – no later than 7 days after the receipt of the eventual notification of the awarding of the Contest – all of the forms attesting that they are in possession of the requirements and declarations envisaged by this Regulation, the contents of which they hereby declare as of now to be aware of and to accept. In the event that the Promoter does not receive the aforementioned documentation – in the methods and terms envisaged – the awarding procedure cannot be completed and the Promoter itself shall be free to carry on with the Contest procedures (and therefore award the Prize to the participant finishing second in the final classification) or cancel it.
3.5 After the final deadline for the submission of Project Proposals (31 July 2019), Participants will be evaluated by the Evaluation Committee appointed according to art. 5 of this Regulation.
3.6 The Evaluation Committee will select the name of the winning Participant, who will be sent a formal notification of winning the Contest, it holding firm that such notification is only to be intended as definitively formalised following that envisaged in the preceding article 3.4. The winner of the Contest is also bound to participate in the awards ceremony during the event described in the introduction.
3.7 The winner of the Contest is bound to carry out the artistic direction of their own Project Proposal, the execution (supply of materials and assembly) of which will be assigned subsequently to the awarding of the Contest by the Promoter to a third party to be selected through an appropriate selection procedure. The Participant winning the Contest shall have the right to participate in the aforementioned selection procedure for the assignment of the works for the implementation of the Project as well. In the event of participation by a legal entity/organisation, they must state the name of the individual person who will carry out the duties of artistic director in the event that they win the Contest.
ART.4 | Intellectual property
4.1 The participants are and shall remain the owners of all intellectual and/or industrial property rights, that stated hereafter holding firm.
4.2 In particular, by participating in the Contest, each participant expressly declares that their Project Proposal:
- is original and does not in any way fully or partly breach the intellectual or industrial property rights of third parties, relieving the Promoter as of now of all and any responsibility, liability, and request for compensation for damages and/or indemnities that may be made by any third party whatever in this regard;
- does not breach other third party rights, including among others patents, industrial secrets, rights originating from contracts and licences, advertising rights or privacy rights, moral rights or any other right worthy of protection.
4.3 As of now, each Participant grants the Promoter, free of charge and exclusively, in the event of winning the Contest, all rights for the publication of the Project Proposal and its realisation, declaring that it has nothing else to claim other than that envisaged by this Regulation, granting the Promoter as of now, free of charge and exclusively, the use any eventual rights concerning the distribution, implementation and advertising of the Project Specifically, the Promoter is hereby authorised to (a) keep the Project Proposal in its own archives, (b) use the Project Proposal free of charge, also in order to plan, design, prepare, develop and/or make use of in any form whatever, including economic and commercial, a similar Project and/or intellectual property right based on the aforementioned Project Proposal.
ART. 5| Evaluation Committee, evaluation criteria
5.1 The Evaluation Committee will be composed by at least 5 members selected by the Promoter, and one of these will be chosen to perform the duties of Chairman.
5.2 The Evaluation Committee will meet no later than 13 September 2019 to decide upon the name of the prize-winning Participant, which will be the most representative one, having submitted solutions in line with the scope of the Contest.
5.3 The Evaluation Committee will evaluate each Project Proposal and express its own irrefutable opinion on the basis of the following criteria (each evaluated with a score ranging from 1 to 10):
- innovativeness and originality of the project;
- environmental performance, intended as the lowering of emissions, territorial impact, recyclability and the use of renewable energy sources;
- level of maturity of the idea as regards its feasibility and the possibility of it being implemented;
- aesthetic value of the design proposal.
5.4 If more than one Project Proposal is awarded the same score, the Chairman shall have the casting vote.
5.5 None of the members of the Evaluation Committee, including the Chairman, shall be paid.
ART. 6 | Method of payment and awarding of the Prize
6.1 The Promoter will pay the winner of the Contest an all-inclusive prize of € 40,000.00 plus VAT as per the law, if payable, as the consideration for the Project Proposal and the activities of Artistic Direction (hereinafter the “Prize”).
6.2 The Promoter, following the receipt of the necessary self-certifications of which in articles 3 and 4 of this Regulation, the Promoter will promptly send to the winner of the Prize, If the subject has a VAT number, the relevant Purchase Order (hereinafter “PO”). The subscription for acceptance of the PO by the winner of the Prize shall constitute a condition for receiving the payment of the Prize from the Promoter.
6.3 The bill which the winner of the Prize shall issue on the basis of the PO must include the details (date and number) of the billing authorisation, which must be promptly notified by the Promoter (hereinafter the “Billing Authorisation”). The bill must also state the bank, branch and current account number on which to make the payment, also stating the IBAN code and the control CIN number.
6.4 The bill must be compiled in compliance with the rules set forth in Presidential Decree no. 633 dated 26/10/1972 and subsequent amendments and integrations and must include references to the Tax Code and VAT Code. Lastly, the bill must be addressed to ACEA S.p.A. and sent to P.le Ostiense, 2, 00154 Rome. The bill must also be sent by e-mail to the address: protocollo.generale@ACEAspa.it
6.5 Participants who do not have a VAT number, following the awarding of the Prize, must send an appropriate receipt to the Promoter. The receipt must be addressed to ACEA S.p.A. and delivered to P.le Ostiense, n. 2, 00154 Rome – RM- and sent by e-mail protocollo.generale@ACEAspa.it
6.6 The Prize will be paid out 60 (sixty) days after the date of the bill.
6.7 It remains agreed that in the event of non-correspondence or untruthful or incomplete declarations by the winner of the Prize, the latter will not be awarded and will eventually be awarded to the Participant classified immediately below the winner in the final classification, that envisaged by the preceding article 3.4 holding firm.
6.8 The Promoter reserves the right to not award the Prize in the event that, in the irrefutable opinion of the Evaluation Committee, none of the Project Proposals received matches the objectives and scopes of the Contest.
6.9 The Promoter and any other subject involved in organising the Contest, including the organisers of the Maker Faire Rome, shall be entitled to use each Project Proposal submitted for their own communication requirements on all of their own platforms: institutional website, company intranet, social channels, events, official records, documents or advertising material, without this needing any prior notice or the recognition of any rights to the authors except – whenever possible – their citation as such.
6.10 The Participant winning the Price will be announced during one of the Conferences organised as part of the Event.
ART. 7 | Cautions
7.1 This Regulation is available in English and Italian. In the event of discrepancies between the two versions, the Italian version shall prevail.
7.2 This Contest is not subject to the discipline of Presidential Decree 430/2001 concerning the discipline of prize-winning contests and operations according to the dispositions of art. 6 of the Decree.
7.3 The legal presuppositions are not in place for the application of the laws governing either public auctions or access to the official records and administrative documents. Therefore, no additional information will be given, other than that publicised during the Event, and no official records exhibited, which will remain internal to all effects, and, merely for example, the members of the Committee and/or Promoters will not be bound to inform anyone of the scores awarded to each project or the classification of the non-winners.
7.4 Should the Contest be cancelled for any reason, the Promoter will promptly issue a statement to this effect on the Maker Faire Rome website. All participants renounce as of now the right to make any claims for compensation for damages – including live costs incurred for the activities carried out in the preparation of the Project Proposal and any travel and lodging expenses, etc. – related to the cancellation of the Contest, independently of the causes or reasons determining its cancellation.
7.5 Participation in the Contest implies the unconditional acceptance of all the rules and dispositions contained in this document.
7.6 Participants will relieve and keep immune the Promoter from any damage, prejudice, loss, cost, expense (including legal) or sanction that they may incur as a result of their participation.
7.7 The participants hereby declare to have read and to be aware of the organisational model adopted by ACEA S.p.A. according to Legislative Decree 231/2001, and also of the Code of Ethics itself, available on the website www.ACEAspa.it, and undertake to comply with them in carrying out the activities of which in this Regulation. The Promoter reserves the right, at its own irrefutable and exclusive discretion, to exclude from the Contest any Participant acting in breach of this Regulation.
ART.8 | Personal data processing
8.1 Pursuant to art. 13 of EU Regulation 2016/679 (General data protection regulation, GDPR), the data given by the participants in all phases of the Contest will be collected, protected and processed exclusively for the purpose of participation in the contest and for the related activities (for example, notification of the winners, awarding and handing over of prizes, etc.) by the staff of the Promoter and/or other authorised subjects appointed as external Data Processors.
8.2 The processing of personal data will also be carried out with the assistance of electronic or automatic tools and may involve any one whatever of the operations described in art. 4, subsection 2 of the GDPR. Processing will be carried out adopting the technical and organisational security measured suited to the processing risk according to that envisaged by art. 32 of the GDPR.
8.3 Specifically, the personal data (the “Data”) collected will be:
- personal details, identification and contacts (for example name, surname, e-mail, telephone number, image);
- details of the participant’s experience and the project proposal.
8.4 The Data Controller is ACEA S.p.A – with head office in Rome, Piazzale Ostiense, 2 -00154, pec: ACEA.spa@pec.ACEAspa.it.
8.5 Personal data will be processed automatically only for the time strictly necessary to the purposes described and in compliance with the law (participation in the contest, realisation of the winning project and payment of the prize). Data will be erased five years after the announcement of the winner of the contest.
8.6 The data collected may be kept in computerised archives or using cloud platforms with servers located in the European Union and managed by third party suppliers appointed by the Data Controller.
8.7 The data concerning the proposals submitted by the participants (name of the participant, description and contents of the project proposal, etc.) may be the subject of divulgation and distribution on the Event website and/or in press releases. In the framework of the processing of personal data of the participants, the data may be made known to authorised data processors by the Data Controller or Data Processor, who will be given specific instructions in this regard.
8.8 As the interested party, and if the conditions are in place, the subjects participating in the contest may at any time exercise the rights of which in arts. 15 and following of the GDPR, including the right to access, correct or erase data, processing limitations, objection and portability.
The aforementioned rights can be exercised by sending a request to the Data Protection Officer appointed by the Data Controller, ACEA S.p.A., to the e-mail address privacy@ACEAspa.it, or by ordinary mail to the head office of the Company.
Should the presuppositions for doing so be in place, the interested parties are entitled to complain to the Guarantor for the protection of personal data, as controlling authority, according to the procedures envisaged.
8.9. Providing the Data required for pursuing the purposes described in this disclosure notice is optional; in other words, there is no legal or contractual obligation to communicate personal data. However, given that data processing is required to enable participation in the Contest, failure to communicate data will imply that the interested party is unable to participate in the Contest.
ART. 9 | Applicable law and jurisdiction
9.1 This Regulation is governed by Italian law.
9.2 The Rome Law Courts shall have exclusive jurisdiction over any dispute concerning the interpretation, validity or execution of this Regulation.
Rome, 4th June 2019