Term and Condition

Intellectual Property

1. For the purpose of these Terms and Conditions, these terms have the following meanings unless the context otherwise requires:

   “Design” means any logos, pictures or other visual designs you submit to Us in relation to or in connection with the competition;

   “Encumbrance” means an interest or power reserved in or over an interest in the Design, including but not limited to any retention of title, mortgage, charge, lien, pledge, trust or power, by way of security and includes, but is not limited to, any agreement to grant or create any of the above;

   “Intellectual Property Rights” means all intellectual property rights that are conferred by statute, common law, equity or otherwise, in any part of the world including (without limitation) patents, trade marks, copyright and neighbouring rights, designs, domain names, know how, circuit layouts, moral rights, rights in get-up, inventions and other results of intellectual activity, whether registered or not, and all other rights of a like nature which are now or may in the future subsist or be conferred in relation to them by the law in force in any part of the world, including all renewals and extensions;

   “Materials” means each and every piece of information in whatever media or form (including electronic records) created or held by you relating to the Intellectual Property, including the original source files for the Design;

   “Prize” means Donto Sapporo Japanese Restaurant meal voucher and cash totalling $500 value.

   “Us” means Shintaku Australia Pty Ltd ACN 010 813 895;

2. You warrant to Us that:
   1. the Design does not infringe the Intellectual Property Rights of any other person; and
   2. you are the original and sole author of the Design and the Materials;
   3. you are the legal and beneficial owner of all Intellectual Property Rights that subsist in or are connected to the Design and the Materials;
   4. you are the legal and beneficial owner of all Intellectual Property Rights that subsist in or are connected to the Design and the Materials;
   5. you have and will continue to have the right and ability to deliver the Materials to Us pursuant to clause 3(c) of these Terms and Conditions
   6. you have not and will not charge or create any Encumbrance in favour of any third party over any Intellectual Property Rights in the Design and the Materials;
   7. there is no litigation pending in respect of the Design, and you have received no claim or demand from any person in relation to the ownership or validity of the Design;
   8. there are no existing restrictions or constraints on your rights and authority to assign the Design to Us;
   9. no additional authorisation, consent, approval, filing or registration of any court or government department, commission, agency or instrumentality is or will be necessary or required for the parties to enter into and give effect to these Terms and Conditions; and
   10. you are not insolvent.
3. By entering the Design in the competition pursuant to these Terms and Conditions, you grant Us an irrevocable and indefinite express licence to use the Design for any lawful purpose associated or in connection with the competition or the promotion of the competition.
4. Should you be announced the winner of the competition, in consideration for receipt of the Prize:
   1. you assign to Us absolutely:
      1. all Intellectual Property Rights in the Design and the Materials;
      2. by way of assignment of future rights, your full right, title and interest in any and all renewals and extensions of the Design and the Materials or the Intellectual Property Rights in the Design or Materials throughout the world; and
      3. any and all common law rights and remedies in relation to the Design;
   2. you waive any and all moral rights subsisting in the Design;
   3. as a precondition to receiving the Prize, you agree that you will enter into a Deed of Assignment in a form provided by Us to give effect to the assignment of all the Intellectual Property Rights in respect the Design and the Materials to Us;
   4. you agree to deliver to Us a copy of the Materials on the date that the Deed of Assignment is executed by you.