SPECIAL CONDITIONS
Eligibility Rules:
You have to be 18 years or older
You must have read our terms and conditions and the general conditions of participation to campaigns on this OSIP platform (you can find both below)
You must be a citizen of the Member States, Associate Members and Cooperating States of the European Space Agency (see the full list here).
ESA employees, ESA associated members and jury members are prohibited from entering the competition
Submission requirements:
Application form must be completed on time
Contestants can submit only 1 proposal
Proposals have to be submitted in English
Only original works are accepted
Only submissions made through the application form on this OSIP website will be accepted
Only submissions relevant to the competition and of a minimum quality will be accepted
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Issue Date 02/03/2021 Ref
Competition Terms and Conditions
Applicable as of the Competition Opening Date
1. Scope
This document is issued by the European Space Agency, an international intergovernmental organisation
established by its Convention, opened for signature in Paris on 30 May 1975 and entered into force on 30
October 1980, having its headquarters at 24 Rue due Général Bertrand, 75007 Paris, France, represented by
its Director General, Josef Aschbacher (hereinafter “ESA” or “the Agency”), to set forth the Terms and
Conditions applicable to the participation in ESA Artwork Competitions.
Specific details, i.e. title, artwork criteria, opening and closing date, winner announcement date and prize
are published on the related Competition website.
The eligible applicant (hereinafter “the Applicant”) willing to take part in the Competition is requested to
carefully read these Terms and Conditions and make sure to act in compliance with them as set forth below.
By submitting an application, the Applicant expressly accepts that its application, selection and participation
to the Competition shall be subject to, and governed by, these Terms and Conditions, which shall be legally
binding for the Applicant.
2. The Competition
2.1 The criteria for the artwork can be found on the related webpage. The artwork must be original
and must not infringe a third party’s intellectual property rights, including trademarks.
2.2 The accompanying explanation for the proposed artwork must in length not exceed the space
provided for in the Competition online entry form.
3. How to participate
3.1 All Competition entries must be received by the Agency not later than 23:59 CEST on the Closing
Date specified on the related Competition website. All Competition entries received after the
Closing Date are automatically disqualified.
3.2 To enter the Competition Applicants shall submit the online entry form provided on the related
webpage.
3.3 The Agency will not be responsible for Competition entry forms that are lost, mislaid or delayed
in transit, regardless of the cause, including, for example, as a result of any equipment failure,
failure of the post service provider, technical malfunction, systems, satellite, network, server,
computer hardware or software failure of any kind, even if occurring on the side of ESA.
4. Judging Panel
4.1 The Agency will appoint a judging panel (the Panel). That Panel will select the winning artwork
(hereinafter “the Artwork”) from all proposed artworks submitted through the entry forms. The
decision of the Panel of judges will be final.
4.2 As part of their considerations to come to a final decision, the Panel will take into account whether
or not the Artwork is acceptable to all ESA Member States.
5. Eligibility
5.1 The Competition is only open to individuals with residence in a Member State, Associate Member
or Cooperating State of the European Space Agency (see 5.2 below), except for:
a. staff of ESA, suppliers, contractors; and
b. members of the immediate families or households of (a) above.
5.2 The Member States, Associate Members and Cooperating States, of the European Space Agency
are: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece,
Hungary, Ireland, Italy, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania,
Spain, Sweden, Switzerland and the United Kingdom, Canada and Slovenia.
5.3 In submitting the Competition entry form, the Applicant confirms to be eligible to do so, which
includes the legal ability to accept the present Terms and Conditions in full. The Agency may
require the Applicant to provide proof of eligibility to participate to the Competition.
5.4 There is a limit of one entry form per Applicant. Entry forms submitted on behalf of another person
or entity will not be accepted. Joint submissions are not allowed.
5.5 The Agency reserves the right to disqualify an entry form at any time if the Applicant’s conduct is
contrary to the Terms and Conditions of this Competition or the values, interest and reputation of
the Agency or its Member States, Associate Members and Cooperating State.
6. Public disclosure of the Artwork and prize
6.1 The Artwork will be disclosed to the public at large, and could also be displayed (entirely or part
of it) on media channels
6.2 The prize of the Competition is specified on the related website and is not negotiable.
7. Winner announcement
7.1 The winner is determined on the base of judging criteria established by the Judging Panel prior to
its evaluation, on merit alone and in compliance with ESA' values.
7.2 There will be one winner of the Competition only, unless otherwise decided by the Panel and so
specified on the Competition related website. If several Applicants have submitted the same
artwork, then the first one who submitted it chronologically, by filling in the entry form online
(electronic time stamp of submission), will be considered as the winner.
7.3 The decision of the Panel is final and no correspondence or discussion will be entered into, neither
by the Agency nor by individual members of the Panel.
7.4 The Agency will contact the winner personally as soon as practicable, using the email address
provided with the Competition entry form.
7.5 The Applicant that will have won the Competition accepts that, after the formal announcement,
his/her name together with the Artwork will be disclosed to the public and published on the ESA
website, ESA social media channels and on the ESA shops.
8. Claiming the prize
8.1 If the prize cannot be given to the winner by ESA through electronic or postal means, it may not
be claimed by a third party on the winner’s behalf.
8.2 The Agency will make all reasonable efforts to contact the winner of the Competition but does not
accept any responsibility if the winner does not respond or is not able to take up the prize.
9. Ownership and intellectual property rights
Unless otherwise agreed upon in writing, the following shall apply:
9.1 The artwork and its related description and accompanying material submitted to the Agency by the
Applicant will remain the property of the Applicant.
9.2 The Applicant agrees that the Agency may use the Artwork (or its title or part of it), free of charge,
on the ESA website, the ESA shops and any other media, whether now known or invented in the
future, and in connection with any publicity or promotional material of the Competition.
9.3 ESA retains all rights and title over its Intellectual Property Rights. No licence for the Applicant
and/or winner to use any ESA rights and interests is granted or implied by these Terms and
Conditions.
9.4 Any documentation submitted by the Applicant with the entry form will not be returned.
10. Warranties and liability
10.1 Nothing herein may be interpreted as limiting the liability of the Applicant for gross negligence or
wilful misconduct in the context of the Competition.
10.2 In no case shall ESA be liable for any failure, total or partial, with regard to its role in relation to
the Competition, nor for any delays or errors in fulfilling its role.
10.3 ESA shall not be liable for not selecting, or failing to select, an Applicant as the winner of the
Competition.
10.4 Prior to submitting its application through the entry form, it is the Applicant’s responsibility to
obtain any intellectual property rights also from any third party should the Applicant’s artwork be
selected as the winning one. As such, the Applicant hereby warrants to hold all rights on his/her
proposed artwork, that the artwork is original and that it does not infringe any third parties’ rights.
10.5 Should the Applicant infringe any rights of third parties in the Artwork, he/she shall indemnify,
and hold ESA harmless, from and against any and all claims, proceedings, direct and indirect
damages, costs and expenses arising from the infringement of such third parties’ rights.
10.6 By submitting its application through the entry form, the Applicant warrants to have the rights and
authority to enter into the Competition and to comply with the Terms and Conditions set forth
herein.
10.7 ESA does not grant to the Applicant any warranties whatsoever in connection with her/his
participation in the Competition. Without limiting the generality of the foregoing, ESA does not
warrant that ESA will select the Applicant as the winner of the Competition.
11. Exclusion and withdrawal of applicants
11.1 Should an Applicant fail to comply with these Terms and Conditions, the Agency may exclude the
Applicant form the Competition.
11.2 Should the winning Applicant withdraw, for any reason whatsoever, from the Competition, the
selected Applicant shall promptly and in writing notify ESA to that effect.
11.3 Upon the exclusion or withdrawal of an Applicant selected as winner in accordance with the terms
above, ESA may, at its discretion, select a new Applicant as winner of the Competition.
11.4 A decision to exclude and/or to select a replacement for the winner of the Competition shall be
taken by ESA at its sole and absolute discretion and shall be final and binding to the Applicant in
all respects.
12. Personal data protection and publicity
12.1 Protection of Personal Data is of great importance for ESA, which strives to ensure a high level of
protection as required by the ESA Framework on Personal Data Protection (hereinafter the “ESA
PDP Framework”) which applies in this Terms and Conditions.
12.2 ESA implements appropriate measures to preserve the rights of data subjects, to ensure the
processing of personal data for specified and legitimate purposes, in a non-excessive manner, as
necessary for the purposes for which the personal data are collected or for which they are further
processed, in conditions protecting confidentiality, integrity and safety of personal data and in
accordance with the principles set forth in the PDP Framework, available at:
https://esamultimedia.esa.int/docs/LEXL/ESA_Principles_of_PDP_Rules_of_Procedure_for_DPSA_and_Policy_Final_V3.pdf
12.2 The ESA PDP Framework, in its implementation aims at ensuring an equivalent level of protection
as the EU General Data Protection Regulation (Regulation (EU) 2016/679) in processing personal
data. ESA processes your personal data for the purposes of this Competition in accordance with
the principles of the ESA PDP Framework and as detailed in the ESA PDP Privacy Notice. ESA
requires contracting companies that perform processing of personal data on behalf of ESA to
ensure an adequate level of protection under the ESA PDP Framework (e.g. through compliance
with EU Regulations in the field of personal data protection).
12.3 The collection, handling and use of Personal Data relating to the Applicant shall be treated as
proprietary personal information and appropriately protected at all times. However, the name,
image and country of residence of the winner of the Competition may be used by the Agency to
announce the winner of this Competition and for any other reasonable and related communication
purposes.
12.4 By submitting its entry form, the Applicant agrees to the processing of its data as set forth herein.
13. Applicable law and disputes
13.1 Except for personal data matters or incidents for which Article 12 applies, these Terms and
Conditions, without prejudice to the applicability of the ESA Convention, and in particular of its
Annex I on privileges and immunities, shall be governed and shall be interpreted in accordance
with the laws of France.
13.2 ESA and the Applicant shall use their best endeavours to amicably settle any dispute arising out
of these Terms and Conditions. Failing amicable settlement, a dispute between ESA and the
Applicantshall be submitted to arbitration according to the Rules of Arbitration of the International
Chamber of Commerce and shall be finally settled by one arbitrator or more arbitrators (in this
latter case, one appointed by each party and the third one appointed independently). The language
of arbitration shall be English. The place of arbitration shall be Paris, France. The decision from
the arbitration shall be final, i.e. not subject to appeal. The Enforcement of the award shall be
governed by the rules of procedure in force in France.
14. General
14.1 ESA and the Applicant are independent parties under these Terms and Conditions and nothing
herein is intended nor shall be construed as creating any partnership, jointventure, or similar,
whatsoever.
14.2 The Agency reserves the right to hold void, suspend, cancel, or amend the Competition where it
became necessary to do so.
If the conditions above are not met, the submission will be excluded.
Note: ESA have no obligation to disclose the names of jury members or provide feedback. The winners will be invited to an ESA centre on a cost-reimbursement basis (see Terms and Conditions).
EVALUATION CRITERIA
Your ideas will be evaluated according to the follow evaluation criteria:
Representation of the European identity - both visually and within the accompanying text
Creative but realistic
Quality of the image
Innovative, inspiring design
