ANNEX 3
TERMS AND CONDITIONS OF PARTICIPATION
IN THE illy “take art away” COMPETITION
In Athens today, ________ 2025, the parties hereto, namely:
_____________, resident of Athens at ____________, Tax ID No. ____, student at the Athens School of Fine Arts (hereinafter the “Artist”) and
The company with the corporate name KAFEA TERRA FOOD AND DRINKS S.A.,whose registered offices are at 12-14 Naxou St., Peania, Attica, Tax ID No. 999842166, duly represented in this matter by Mr. Iordanis Iosifidis (hereinafter the “Company”),
PREAMBLE
- The Company imports and distributes illy coffee products in Greece which are manufactured by the company illycaffè S.p.A. whose registered offices are in Italy (hereinafter the “Producer”). In agreement with the Producer, the Company wishes to launch a competition on the topic of take art away (hereinafter the “Competition”) in which students from ASFA participate, in order to select designs which will adorn the take away cup for illy products (hereinafter the “illy take away cup”).
- The Artist wishes to participate in the Competition.
The parties agree and mutually accept the following terms:
- The Artist shall create an unpublished, original artwork (hereinafter the “Artwork”) for the Competition which shall be used exclusively for the “illy take away cup”.
- The Artist undertakes that the Artwork with which they will participate in the Competition does not infringe third party rights and undertakes to compensate the Producer and Company for any loss they may incur from use and exploitation of the Artwork.
- The Artist shall create the Artwork in accordance with the specifications and technical guidelines for the Competition included in Annex 2, which is attached hereto and constitutes an integral part hereof. The Artist shall register on the Competition website with their ASFA unique register number. The Artwork must be delivered by uploading it to the said website no later than 23:59 hours on Sunday 30/03/2025 in accordance with the Competition Terms and Conditions of Participation contained in Annex 1, which is attached hereto and constitutes an integral part hereof.
When registering on the said Competition website, the Artist must carefully read these Terms and Conditions of Participation and electronically accept them. Where the Artist’s Artwork is selected as among the two (2) best artworks in the Competition, the Artist must sign these Terms and Conditions of Participation and send them to the Company within five (5) days at the latest from being informed that their Artwork has been selected as among the two (2) best artworks in the Competition in an email from the Company. The Artist may either sign these Terms and Conditions of Participation in person and send them by mail to the Company’s registered offices at 12-14 Naxou St., Peania, Attica, GR-19002, or digitally confirm these Terms and Conditions of Participation (digital document certificate) on the gov.gr platform and send them by email to the Company at the email address illytakeartaway@gmail.com. If the Artist does not send the Company these Terms and Conditions of Participation signed in accordance with the above within the said deadline, their artwork shall be deselected from the two (2) best artworks in the Competition and their place shall be taken by the next highest scoring artwork.
4.1. The Artist hereby agrees that where their Artwork is selected as one of the two prizewinners, and upon award of the prize by the Company to them, they shall transfer to the Producer all the economic rights deriving from the Artwork, in any extent, form, duration and any power deriving from the Artwork from the time it was created and for such time as it is protected, without any restriction as to time or place. The transfer shall include all powers deriving from the intellectual property rights and the Artist shall not retain any economic right in the Artwork and shall completely divest themselves of it.
In particular (though this list is non-exhaustive):
(a) The Producer shall use the Artwork to decorate the “illy take away cup”. The Producer shall be entitled to reproduce the Artwork in any manner or format, whether printed or electronic, on any of its products, which may include, but are not limited to, coffee products, coffee packaging and utensils, brochures and advertising materials, and in any printed and/or online promotion and support materials related to the Producer’s products, and for any other purpose;
(b) The Producer shall also have the right to use a photograph of the Artist along with the Artwork for advertising purposes in printed and/or online materials relating to its products. The Producer shall be entitled to use the Artist’s name along with the Artwork in relation to its products, packaging, labelling, printing and/or advertising on the internet, promotion, marketing, sale and distribution of its products. In addition, the Producer shall be entitled to use images of the Artwork and the said photograph and the Artist’s name on its website to allow consumers to learn more about the Artist and their art and to promote its products;
(c) The Producer shall be entitled to enter into a usage agreement or licence for use of the Artwork at its discretion.
The Artist declares that the transfer of the economic right and the use described above does not infringe the Artist’s moral right to the Artwork and the use of their image and name in accordance with the above does not infringe their personality.
Other than payment of the prize, the Artist shall have no other claim for the transfer of the economic right and the fee for its transfer shall be the prize amount.
4.2. Where an Artwork does not win a prize but is among the twenty (20) artworks selected by the Company, the Artist shall consent to their participation in an exhibition organised by the Company to promote illy products and to use of their image and name for that purpose at a place and time chosen by the Company.
- The Producer has the right to register any and all rights acquired under Article 4.1 hereof at any time and at any place, in accordance with the procedures it considers appropriate, such as registration of a design, intellectual and industrial property rights and other multiple registrations, in order to ensure exclusive use of the Artwork. When implementing the above, the Producer shall name the Artist as the creator of the Artwork.
- These terms shall be automatically cease to apply where the Artist does not deliver the Artwork by the date specified in Article 3 hereof.
- The Artist has been informed and consents to the processing of their personal data in accordance with Regulation (EU) 2016/679 on the processing and protection of personal data by the Company and Producer for the purposes related to these Terms.
- The Artist has read the Producer’s Code of Ethics published on the website www.illy.com/codeofethics and is obliged to comply with it.
- The parties agree and acknowledge that all information which comes to the Artist’s knowledge in relation to and/or on the occasion of this Competition and/or implementation hereof is confidential information and that it includes, but is not limited to, information in any format (written, oral, visual, graphic, recorded, electronic or other) of any nature, irrespective of whether it has been characterised as confidential or not, including all commercial, business, financial, legal, technical, operational, administrative, trade or other information or data relating to the Company, the Producer and any companies and entities associated with it, customers and suppliers of the above and natural persons associated with them (hereinafter the “Confidential Information”).
The Artist agrees and undertakes the obligation to hold strictly confidential the Confidential Information and to take all necessary means to ensure that it remains confidential at all times.
The Artist shall not be entitled to disclose or reveal the Confidential Information in any manner for any reason to any third party, whether he/she has a legitimate interest or not.
- Note that the trademarks, logos, distinctive marks or other marks which characterise the Company’s products belong solely and exclusively to the Company and the trademarks, logos, distinctive marks or other marks which characterise the illy products belong solely and exclusively to the Supplier and no manner of right or licence to use them is hereby granted to the Artist.
- It is expressly agreed by the parties that any dispute which may arise from implementation of this Agreement or derive directly or indirectly from it shall be governed by Greek law and the courts of Athens alone shall be competent.
- This document may only be amended in writing by means of a document signed by both parties.
IN WITNESS WHEREOF, this document was signed in two (2) counterparts and each party received one (1) copy hereof.
For the Artist For the Company
Annex 1
Competition Terms and Conditions
Annex 2
Competition Specifications and Technical Instructions
