Please carefully read and fully understand the provisions of the Terms of Canton Fair Design Award, especially those about the exemption or limitation of liability, the application of law and dispute resolution. The exemption or limitation of liability and other important provisions are highlighted in bold type, which you should pay special attention to and fully understand.
I. General Provisions
(i) The Canton Fair Design Award (hereinafter referred to as CF Award) is held once a year by China Import and Export Fair (hereinafter referred to as Canton Fair). With setting the benchmark and promoting innovation as the vision, it aims to pick out cutting-edge products combining both design and business value from home and abroad. By presenting the design value of the products, enhancing brand communication, and promoting exchanges through the Canton Fair, it helps with the high-quality development of international trade.
(ii) The CF Award is organized by China Foreign Trade Centre Group, Ltd. (hereinafter referred to as the Organizer). The CF Award Office (hereinafter referred to as the Office) under the Organizer is responsible for the planning, organization and implementation of the selection. The Organizer reserves the right of final interpretation for the CF Award selection.
(iii) The participants refer to the subjects participating in the CF Award, including all kinds of global enterprises and institutions. The participating products refer to the products submitted by the participants to participate in the CF Award. The winners refer to the subjects who participate in the CF Award and win the CF Award. The award-winning products refer to the products that participate in the CF Award and win the CF Award.
(iv) The Terms apply to all CF Award participants, products, winners and award-winning products. The Terms include the body of the Terms and the rules, disclaimers and copyright notices which have been or may be issued or updated in the future by the Organizer as well as any other rules, policies, statements, notices, warnings, reminders and instructions (hereinafter collectively referred to as Selection Rules). The Selection Rules are an integral part of the Terms and have the same legal effect as the Terms. By accepting the Terms of Canton Fair Design Award, the participant shall fully accept the body of the Terms and the Selection Rules.
(v) Unless otherwise stipulated, the Organizer will not charge for participation fee.
II. Participation Criteria
(i) The participating product must be originally designed by the participant, or the participant owns the independent intellectual property rights of the product or be able to provide related legal authorization.The product must be marketed in the recent five (5) years.
(ii) The participating products should fall into the seven categories set by the CF Award (in dynamic consistency with the categories of the Canton Fair), including:
1. Electronics and Household Electrical Appliances: Consumer Electronics and Information Products, Household Appliances.
2. Building and Home Decor: Building & Decoration Materials, Sanitary & Bathroom Equipment.
3. Industrial Manufacturing: General Machinery, Small Processing Machinery and Industrial Accessories, Large Machinery & Equipment, Power Machinery and Electric Power, Construction and Agriculture Machinery, Vehicle Spare Parts, Vehicles, Motorcycles, Bicycles, Electronic and Electrical Products, New Energy Resources, Lighting Equipment.
4. Household Items & Consumer Goods: Weaving, Rattan and Iron Arts, Glass Artware, Home Decorations, Furniture, Gardening Products, Iron and Stone Decorations & Outdoor Spa Equipment, Art Ceramics, General Ceramics, Kitchenware & Tableware, Pet Products, Toiletries, Household Items, Personal Care Products, Festival Products, Gifts & Premiums, Clocks, Watches & Optical Instruments.
5. Hardware and Tools: Hardware, Tools.
6. Fashion Life: Fashion Accessories and Fittings, Men and Women’s Clothing, Underwear, Sports and Casual Wear, Kids’ Wear, Furs, Leather, Downs & Related Products, Home Textiles, Carpets & Tapestries, Textiles Raw Materials & Fabrics, Cases and Bags, Shoes.
7. Health and Recreation: Office Supplies, Medicines, Health Products and Medical Devices, Sports, Travel & Recreation Products, Toys.
Notes: For more details about the specific products in each category, please refer to the website: https://cief.cantonfair.org.cn/en/cf/detail.aspx?oid=29239&m=m2(chemical and food products are not included in the selection currently). The Organizer is entitled to modify, add or delete the categories if necessary.
(iii) Only one participant can apply for participation with the same product. In principle, each participant shall participate in the selection with no more than ten (10) (series of) products.
(iv) CF Award-winning products can not participate in the selection again. Products of the same series, or similar in function, appearance or design concept shall be declared as one series.
III. Intellectual Property Rights
(i) The participating products shall not be involved in any intellectual property rights disputes. By submitting the application, the participant shall guarantee that the participating product submitted does not infringe the intellectual property rights or other legal rights of other people, and shall be solely responsible for protecting the intellectual property rights of the product.
(ii) By submitting the application, the participant shall agree to authorize the Organizer free of charge to display the physical product to the public during the selection and promotion activities and to use and promote the product in ways including but not limited to using, photographing, shooting video materials and making 3D modeling for the product and its packaging, decorations, pictures and text materials (marked as “public” when submitted by the participant). The Organizer will not return, delete or modify the information of the participating product unless a third party raises a claim or an objection to the participating product. Before the end of the current selection, the Organizer will not disclose the information and materials submitted by the participant to the public.
(iii) If the applicant needs to withdraw its application after submission, it shall notify the Organizer in writing (fax or electronic scan) within ten (10) natural days after the application deadline (subject to the date published on the Organizer’s official website). Failure to notify the Organizer within the aforementioned time limit shall be deemed no application for withdrawal. If the participant believes that relevant information of the product shall not be disclosed, it shall inform the Organizer in writing (fax or electronic scan) during the publicity period of the award-wining product list of the year (subject to the date published on the Organizer’s official website) and within ten (10) natural days after the end of the publicity period. Failure to notify the Organizer within the aforementioned time limit shall be deemed no relevant application. The costs incurred by the withdrawal of the application or the destruction and return of relevant materials of the product shall be borne by the participant itself.
IV. Product Transportation, Storage and Insurance
(i) If the objective conditions are available, the participating product shall be sent to the site designated by the Organizer for the final selection, and shall be returned to the participant after the selection or the promotional display.
(ii) The participant shall be solely responsible for the transportation costs and risks of the participating product (including the return of the award-winning product), and shall purchase transportation insurance for the product if necessary. At the same time, the participant shall be solely responsible for the travel expenses and other related expenses of its employees, and shall decide whether to pay to join some follow-up promotion activities.
(iii) The product that fails to win the CF Award will be returned to the participant after the final selection, and the award-winning product will be returned to the participant after the CF Award selection or promotion activities (refer to the time limit specified in V(i)). By delivering the product to the logistics company according to the return address filled by the participant, the Organizer shall be regarded as have returned the product to the participant. The participant’s refusal to sign for the delivery shall indicate that it gives up the ownership of the product, and the Organizer shall have the right to dispose of the product in ways including but not limited to discarding, selling, escrow and storing, and the participant shall bear all expenses arising therefrom.
(iv) The participant fully understands and accepts that the product may be subject to theft, fire, loss of use, damage and other risks during the selection. The participant shall bear all relevant risks independently, while the Organizer shall not assume any responsibility for such risks.
(v) Shipment of the participating product outside mainland China shall be carried out in accordance with relevant regulations and norms of the China Customs. If the participant cannot send or the Organizer cannot receive an overseas product due to objective reasons, both parties shall communicate with each other in a timely manner and shall push forward the selection and promotion activities by means of videos, pictures and so on.
V. Matters Related to Winners
(i) Rights and Rewards of Winners
The Organizer has the right to provide one or more of the following rights at its sole discretion within one (1) year from the date of publicity of the winner list. Part of the rights shall be determined according to the holding of the Canton Fair during the aforementioned time limit. The Organizer has the final interpretation right and the right to modify specific promotion methods and approaches:
1. Award Ceremony: It is held in autumn every year during the Canton Fair, which helps the award-winning products and winners to gain extensive media attention and precisely connect with potential buyers.
2. Onsite Display: During the Canton Fair every year, the Organizer arranges award-winning product displays with themes of the industries or design concepts, so as to attract buyers and guide them to the booths of the award-winning enterprises.
3. Online Display: Online gallary is set up on the official website of the Canton Fair to display all previous award-winning products throughout the year. The CF Award label is highlighted in the exhibitor and exhibit system of the Canton Fair, and given priority in the search results, so as to attract more visitors.
4. Award-winning Prints: Trophies and certificates will be presented to the winners; Information of the winners and award-winning products will be shown on the yearbook. The yearbook will be given to important global industrial and commercial organizations, premium buyers and VIP buyers of the Canton Fair.
5. Winner Label : Within one (1) year after winning the award, the winners can use the name and label of “Canton Fair Design Award” and “CF Award” for independent promotion and publicity activities free of charge.
6. Official Publicity at Home and Abroad: The award-winning products and winners of the CF Award will be vigorously publicized through the official channels of the Canton Fair.
7. Other services: The winners may be invited to new product release or other promotion activities during the Canton Fair, and are entitled to free and preferential use of the conference room during the Canton Fair (based on specified duration and quantity).
8. Bonus for Better Booths: If the winner is an exhibitor of domestic pavilion at the Canton Fair, 0.5 points will be added for each Bronze Award, 1 point for each Silver Award, 2 points for each Gold Award and 3 points for each Best of the Best Award.
(ii) Obligations of Winners
1. The award-winning products shall comply with the requirements of laws and regulations on product quality, and shall not be involved in any violation of law or infringement.
2. No fraud or improper means shall be used to win the award.
3. If the winner significantly modifies the award-winning product, it shall not continue to use the CF Award label or promote the product with CF Award label.
4. The winner shall use the CF Award label in a non-exclusive way and only to promote its award-winning product. In addition, it shall abide by Chinese laws and regulations, such as the Trademark Law and the Anti-Unfair Competition Law, and shall not cause public confusion.
5. The CF Award label,certificate or trophy shall not be used to promote non-winning products, or in other circumstances that may not conform to the legitimate rights and interests of the Organizer.
6. The winner shall promise to own the ownership, related intellectual property rights, or other relevant legal authorization of the award-winning product and promotional materials provided for the use by the Organizer (including but not limited to the texts, images, videos, pictures, music, fonts, portraits, etc.), which shall not infringe the intellectual property rights or other legal rights of any third party, and shall authorize the Organizer to use them free of charge (including but not limited to editing, etc.).
7. The winner shall ensure that all the contents of the product and promotional materials submitted for use by the Organizer comply with all laws and regulations.
8. If the Organizer is accused of infringement or claimed for compensation by a third party due to the use of the product and promotional materials provided by the winner, the winner shall negotiate with the third party and guarantee to be responsible for any losses suffered by the Organizer therefrom. At the same time, all legal and financial liability arising therefrom shall be born by the winner solely.
9. The winner shall bear the legal responsibility for the publicity of the award-winning product. The Organizer has the right to recall relevant CF Award titles and cancel the award-winning qualification if the winner has violated the law or the Terms in its relevant behaviors.
10. The Organizer has the right to adjust promotion strategies and plans according to the specific requirements of CF Award promotion activities. The winner shall cooperate to the maximum extent and comply with the regulations and requirements of the Organizer when exercising other award-winning rights.
(i) The Organizer has the right to invite the notary department to notarize the final selection, and ask the judges participating in the selection to sign relevant evaluation commitments. The Organizer and the judges invited by the Organizer have the right to make independent judgments and decisions without giving any explanation.
(ii) The participant shall participate in the CF Award according to the provisions of the Terms. If the participant fails to participate in the CF Award due to negligence or misunderstanding of the Terms, the participant shall not make any claims against the Organizer.
(iii) The Organizer reserves the right to update and/or modify the Terms to a reasonable extent, and any modifications or updates will take effect at the time of publication. If such updates and/or modifications include major changes that may affect the rights and obligations of the participant, the Organizer will notify the participant in an appropriate manner. Please check the Terms on Canton Fair’s official website (www.cantonfair.org.cn) regularly to ensure awareness of any changes that may occur. By continuing to participate in the CF Award selection after the Terms are updated and/or modified, the participant shall accept the updated and/or modified terms. If the participant does not agree to relevant changes, the participant shall immediately notify the Organizer and apply for withdrawal from the CF Award.
(iv) The Organizer will strictly manage relevant information, pictures, texts and other materials submitted by the participant, and store the physical product submitted by the participant in a closed manner. Only the judges invited by the CF Award and the internal staff members of the CF Award can browse or get access to relevant information and the physical product.
(v) The criteria, date and related matters of the CF Award are subject to those published on the CF Award selection page on Canton Fair’s official website (www.cantonfair.org.cn). If there is any change, the Organizer will publish it on the website in a timely manner. Please pay close attention to any news on the website and any prompts about the processing status of related applications. Please note that no separate notice will be made for this.
VII. Dispute Resolution
(i) The CF Award selection is subject to social supervision. If the public and the participant have any questions or disputes about the selection, they can raise them and actively communicate with the Organizer during the publicity period.
(ii) The Organizer designates the Office to receive objection-related materials.
(iii) During the CF Award selection, if a third party raises any claim or objection to the participating product according to the laws of the People’s Republic of China (excluding Hong Kong SAR, Macao SAR and the Taiwan region; the same below), the participant shall promptly notify the Office in writing. The Organizer has the right to suspend the selection of the participating product until the final settlement of the dispute, and reserves the right to hold the participant responsible for suspected infringement.
(iv) If any third party raises any claim or objection to the award-winning product according to Chinese laws, the participant shall promptly notify the Office in writing. The Organizer has the right to suspend the awarding and promotion of the participating product until the final settlement of the dispute. The Organizer also has the right to require the aforementioned participant to properly resolve the aforementioned dispute within a certain period of time. Otherwise, the Organizer will cancel the award-winning qualification of the product.
(v) If a third party raises any claim or objection to the Organizer according to Chinese laws, the participant shall, as required by the Office, make an explanation, provide sufficient materials to verify the claim and take countermeasures.
(vi) In case of any third-party complaints, lawsuits or claims arising from the violation of the Terms or related matters of the CF Award, the participant shall handle the matter by itself and bear all possible legal liability arising therefrom. If the Organizer makes compensation to any third party or suffers punishment from the national authority because the participant has violated the Terms or related matters of the CF Award, the participant shall compensate the Organizer in full for all losses incurred thereby (including but not limited to actual losses and investigation fees, attorney fees, preservation fees, appraisal fees, evaluation fees, legal costs, etc. arising from rights protection).
(vii) The CF Award is held in Haizhu District, Guangzhou, China. Any disputes, claims or causes of action arising from the Terms, including any disputes related to the existence or validity of the Terms, shall be settled through friendly negotiation and communication. Where a legal solution is necessary, a lawsuit may be filed with the court having jurisdiction in the place where the activity is held.
(viii) The Terms shall be governed by and construed in accordance with Chinese laws.
(ix) The headings in the Terms are for ease of reading only and shall not affect the meaning or interpretation of any of the provisions in the Terms. If any provision of the Terms is deemed ineffective or unenforceable, the invalidity or unenforceability of the provision does not affect the validity of other provisions, and other provisions shall remain effective and shall be enforced.
(x) Both the participant and the Organizer are independent subjects. Under no circumstances shall the Terms constitute any express or implied guarantee or condition of the Organizer to the participant, nor shall the two parties form an agency, partnership, joint venture or employment relationship.
(xi) If the Organizer publishes or provides an English version of the Terms, the participant agrees that the English version will be used for its convenience only. In case of any discrepancy between the English version and the Chinese version, the Chinese version shall prevail.
Release Date：4/12/2022 3:31:50 PM