DESIGN ASIA 亞洲設計展區 - 參加申請

展會名稱香港插畫及文創展 2021 (VOL. 3)
日期2021 年 11 月 27 - 28 日 (週六、日) / 2日
下午 12:00 - 8:00
場地香港九龍灣國際展貿中心 Rotunda 3 (6 樓)
主辦HKHands
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插畫平面設計電繪城市速繪漫畫動畫概念藝術繪本同人書法出版社生活設計木製品陶藝皮革服飾紙品文具戶外用品寵物用品創意產品
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TERMS AND CONDITIONS

1. DEFINITIONS
In these Regulations, the following words and expressions shall (except where the context otherwise requires) have the following meanings:
“Applicant” refers to the sole proprietorship, partnership or limited company whose details are specified in the Application Form;
“Application Form” refers to the application form for the Applicant to apply for the right to participate at the Exhibition, to which a copy of the Regulations is attached;
“Associates” refers to any employees, contractors, representatives, or agents of the Exhibitor or its associates;
“Complainant” refers to the Exhibitor that files a complaint to the Organizer in respect of an infringement of intellectual property rights at the Exhibition;
“Exhibition” refers to the exhibition to be known as the “The Hong Kong Illustration And Creation Show 2021” which will be managed by the Organizer at the Exhibition Venue during the Exhibition Period;
“Exhibition Period” refers to the period in 27-28 November 2021;
“Exhibition Venue” refers to Kowloonbay International Trade & Exhibition Centre in the Hong Kong Special Administrative Region;
“Exhibitor” refers to the relevant Applicant whom the Organizer has accepted, in writing, its application to exhibit at the Exhibition;
“Legal Advisor” refers to the legal advisor as appointed by the Organizer from time to time;
“Organizer” refers to HKHands;
“Participation Fee” refers to the participation fee specified in the Application Form;
“Products” refers to any goods, products, items, samples or exhibits displayed by the Exhibitor at the Exhibition;
“Regulations” refers to the provisions contained in these “Exhibition Rules and Regulations”;
“Stand” refers to the area within the Space designated to the Exhibitor for the purpose of exhibiting and promoting its Products.

2. APPLICATION FORM
2.1 The Applicant acknowledges that by submitting the Application Form, it has irrevocably agreed and undertaken to comply with all its obligations under the Regulations and any other additional rules and regulations prescribed by the Organizer under paragraph 16 below.
2.2 The Organizer has the sole and absolute discretion to accept or reject, without giving any reason or explanation, the Applicant’s application to exhibit at the Exhibition.
2.3 The Organizer will notify the Applicant in writing whether its application to exhibit at the Exhibition is accepted or rejected not longer than TWO months after receipt by the Organizer of the Application Form (but in any event before the commencement of the Exhibition Period).
2.4 Where the Exhibitor is a business entity or a corporation, the Organizer may at any time require the Applicant/Exhibitor to produce copies or certified copies of the Exhibitor’s certificate of incorporation, business registration certificate, and/or any other company registration documents.

3. PARTICIPATION FEE AND PAYMENT TERMS
3.1 The Exhibitor shall pay the Participation Fee to the Organizer in the following manner:
(a) a full payment of the Participation Fee should be made by the Exhibitor at the time of receiving the confirmation invoice of the participation.
(b) the Exhibitor shall provide a payment proof with the applicant information to the Organizer for verification.
3.2 The Participation Fee paid by the Exhibitor shall be non-refundable except:
(a) when the Organizer has rejected the Exhibitor’s application to exhibit at the Exhibition, the Organizer will refund in full but without interest that part of the Participation Fee paid by the Exhibitor; or
(b) when the Organizer has cancelled or materially reduced or shortened the Exhibition period under paragraph 14.4 below, the Organizer may in its sole and absolute discretion refund without interest such amount, if any, of the Participation Fee or part of it, paid by the Exhibitor less the related administrative expenses, marketing, promotional and advertising expenses incurred by the Organizer, if any, as the Organizer thinks appropriate. Any refund will be made within TWO months after the Applicant/ Exhibitor having been notified in writing that its application has been rejected or the Exhibition is cancelled or materially reduced or shortened, as the case may be.

4. PUBLICITY AND PROMOTION FOR THE EXHIBITION
4.1 The Organizer shall arrange and be responsible for all publicity and promotional arrangements for the Exhibition both overseas and in Hong Kong. The Exhibitor and its Associates must not give or cause to be given any interview, public announcement, press statement, or any other publicity or promotion whatsoever in relation to the Exhibition without the prior written approval of the Organizer.
4.2 The Exhibitor shall permit the Organizer, their associated companies and their agents or any companies appointed by the Organizer to disclose to any third party, for the purpose of publicising and promoting the Exhibition, the following information: -
(a) the fact that the Exhibitor will be exhibiting at the Exhibition; and
(b) a description of the products that the Exhibitor intends to exhibit at the Exhibition.
4.3 The Organizer will be allowed and licensed to use the name, the logo and the product photos of the Exhibitor for the purpose of publicising and promoting the Exhibition. This would include without limitation the printing of the name, the logo and the product photos of the Exhibitor on posters, promotional materials and the Exhibition’s official show directory.
4.4 The Organizer shall not be responsible for any errors or omissions relating to the Exhibitor, its equipment, products or services in the listings in the Exhibition’s official show directory or in any promotional materials and the Exhibitor agrees to waive all its rights against the Organizer in respect of any matter arising from such error or omission.

5. STAND ALLOCATION
5.1 Before the commencement of the Exhibition Period, the Organizer will notify the Exhibitor of the location and position of the Stand. The Organizer has the sole and absolute discretion in allocating and specifying the location and position of the Stand and reserves the right to reallocate and re-specify another Stand different to the one originally allocated to the Exhibitor at any time prior to the commencement of the Exhibition Period. For the avoidance of doubt, failure to allocate and include a booth number on this Application Form shall in no event affect the validity of this Application and its binding effect on the Applicant. The Exhibitor does not have a right to object to such allocation and specification.
5.2 The right to use the Stand allocated is specific to the Exhibitor and cannot be transferred, assigned, sub-contracted or otherwise shared with any third party.

6. CONSTRUCTION OF THE STAND AND RELATED WORKS
6.1 The Exhibitor are prohibited from:-
(a) adding any fitting or display to the shell of the Stand;
(b) using any tapes, nails or other fixing mechanisms on the partitions, floor or ceiling of the Stand;
(c) displaying any free-standing fixture (including without limitation names, signs, spotlights, banners, advertising material and logos) that exceeds a height of 2.5 meters or which extends beyond the boundaries of the Stand;
(d) suspending anything from the ceiling of the Exhibition Venue nor fixing anything to the floor, walls or any other part of the Exhibition Venue;
(e) installing or altering any electrical equipment except in accordance with paragraph 7 below, or using any electrical socket for more than one electrical appliance; and
(f) paint spraying, welding or using electrical saws within the Exhibition Venue. The Exhibitor is liable to the Show Manager for any damage caused by the Exhibitor, the Exhibitor-Appointed Contractor and/or their Associates to any parts(s) of the Stand.

7. USE OF STAND
7.1 The Exhibitor shall use the Stand and any part of the Space allocated in a manner and format satisfactory to the Organizer at all times during assembly, installation and disassembly of the Stand and throughout the Exhibition Period. If at any time the Organizer believes in its sole opinion that the use of the Stand by the Exhibitor is unacceptable or that the Exhibitor has breached any of the Regulations, the Organizer reserves the right to disqualify the Exhibitor from participating in the Exhibition and/or to request the Exhibitor or any of its Associates to immediately leave the Exhibition Venue and/or to clear all or any part of the Stand or Space at the expense of the Exhibitor. The Exhibitor cannot ask for any refund of monies paid, full or partial, against the Organizer, should the Organizer exercise its rights under the Regulations.
7.2 The Exhibitor is prohibited from making, producing, or causing any sound or noise, including but not limited to music or sound produced by broadcasting from telephone, television, radio and any apparatus, equipment or instrument capable of creating such sound or noise, or vibration or smoke or offensive odour in the Space which is/are or may be a nuisance or annoyance to the Organizer, other Exhibitors or visitors to the Exhibition. Upon request by the Organizer, the Exhibitor shall immediately cease making such sound or noise or vibration or smoke or offensive odour.
7.3 The Organizer has the sole and absolute discretion to require the forthwith removal, and to remove, at the Exhibitor’s expense, from the Stand or any area within the Exhibition Venue, any goods, materials, publicity material, items or things displayed or placed there without any obligation to give any reason therefore, and without incurring any liability for any loss, damage or expense whatsoever to the Exhibitor or its Associates as a consequence thereof.
7.4 The Exhibitor shall not, without the prior written approval of the Organizer, dismantle or remove the Products, the Stand or any of its decorations until the Exhibition is officially concluded.

8. MOVE-IN AND MOVE-OUT OF STAND PRODUCTS AND MATERIALS
8.1 The Exhibitor shall only move products, materials, exhibits, items or things in and out of the Exhibition Venue during the time period and in such manner as specified by the Organizer from time to time. Under no circumstances the Organizer shall be responsible for receiving or storing any Products or Stand materials on behalf of the Exhibitor.
8.2 The Exhibitor shall remove from the Exhibition Venue all Products, goods, materials, items or things of the Exhibitor or its Associates (and if applicable, remove any custom-built Stands and restore the area of the Stand to its original state and condition) within TWO hours after the conclusion of the Exhibition or within such other time as specified by the Organizer.
Any such Products, goods, materials, items, things or custom-built Stands which are not removed from the Exhibition Venue by the specified time may be deemed abandoned and shall be removed and disposed of by the Organizer and/or the Appointed Contractor or their agent at the Exhibitor’s expense. The Organizer and their associated companies, the Appointed Contractor or any company appointed by the Organizer shall not be liable for any loss, damage or expense whatsoever suffered by the Exhibitor, its Associates and/or the Exhibitor Appointed Contractor as a consequence thereof.
8.3 Notwithstanding paragraph 8.2, the Exhibitor shall be liable to pay and fully indemnify the Organizer, their associated companies, the Appointed Contractor or any other companies appointed by the Organizer for any and all amounts charged by the management company of the Exhibition Venue and/or any loss or damage suffered by the parties as a result of any breach by the Exhibitor under paragraph 8.2.

9. ADMISSION
9.1 The Exhibitor and its personnel or representatives are required to wear exhibitor badges, whenever they are within the Space. Any person not wearing a badge will be required to leave the Space.
9.2 The Organizer will provide the Exhibitor with exhibitor badges for use by the personnel, agents or representatives of the Exhibitor. The Exhibitor may in writing request additional exhibitor badges and the Organizer may provide such additional exhibitor badges if it considers necessary.
9.3 The Exhibitor shall provide the Organizer, its associated companies or any other company as appointed by the Organizer with full particulars of all those personnel or representatives of the Exhibitor (“Such Personnel”) who will be provided with exhibitor badges before the badges will be issued. The Exhibitor shall procure Such Personnel:-
(a) display their exhibitor badges conspicuously whilst in the Exhibition Venue;
(b) do not pass or transfer their exhibitor badges to any other person;
(c) return the exhibitor badges to the Organizer at the end of the Exhibition Period, or upon demand by the Organizer;
(d) comply with all obligations imposed on the Exhibitor or on Such Personnel whether by the Regulations, the Organizer or its agents.
9.4 Persons under 13 years of age without any guardians will not be permitted to enter into the Exhibition.
9.5 The Organizer reserve(s) the right to refuse admission to the Exhibition of any persons, including the Exhibitor and its Associates, who the Organizer in their absolute discretion considers as unfit, intoxicated or in any way likely to create disturbance or discomfort to the Exhibition, other Exhibitors or visitors to the Exhibition, or if such persons are already in the Exhibition Venue to require them immediately leave the Exhibition Venue.

10. PHOTOGRAPHING AND VIDEO SHOOTING
10.1 The Exhibitor shall not, and shall procure its Associates not to, take any photographs or video recording or record any sound at the Exhibition without the prior written approval of the Organizer.

11. LIABILITY, RISKS AND INSURANCE
11.1 The Organizer, their associated companies, their agents, representatives, contractors or employees and any companies appointed by the Organizer shall not be liable in any way whatsoever in respect of any loss, injury or other damages (other than death or personal injury caused by the negligence of the Organizer or its employees) suffered by or caused to the Exhibitor or its Associates or the products or other property of the Exhibitor, its Associates or its visitors.
11.2 The Organizer, and any companies appointed by the Organizer shall not be responsible in any manner whatsoever for the consequences of any introduction or commercial transaction made during or as a result of the Exhibition.
11.3 The Exhibitor undertakes to indemnify and at all times hereafter to keep indemnified the Organizer, their associated companies, their agents, representatives and employees and any companies appointed by the Organizer on demand from and against all liabilities, actions, proceedings, claims, damages, costs and expenses they may suffer or incur by reason howsoever in relation to any agreement with the Exhibitor or its Associates or any breach of the Regulations by the Exhibitor or its Associates.
11.4 The Exhibitor shall be responsible for effecting insurance which shall include, but not be limited to, its displays, exhibits and the Stand against loss or damage by theft, fire, public (including occupier’s liability) and any other natural causes, and shall produce such policy of insurance to the Organizer upon request.
11.5 The Exhibitor shall take out insurance policies to cover itself against all potential liabilities imposed by the Regulations as well as any possible legal liability for negligence of the Exhibitor and its Associates and shall produce such policy of insurance to the Organizer upon request. The Exhibitor is fully liable for any loss or damage caused by an act or omission of the Exhibitor and/or its Associates to any property of the Exhibition Venue, the other Exhibitors, the Organizer or their associated companies or other companies appointed by the Organizer or the visitors to the Exhibition.
11.6 All Products, materials, items or things of the Exhibitor or its Associates that are brought to and removed from the Exhibition Venue are at the sole risk of the Exhibitor and should be safeguarded by the Exhibitor at all times.
11.7 The Exhibitor acknowledges and agrees that its participation in the Exhibition is solely at the Exhibitor’s own risk.
11.8 The Organizer reserves the right to exercise a general lien over any property of the Exhibitor in the Exhibition Venue in respect of all monies due to the Organizer or the Appointed Contractor (including claims for damages) in connection with the Exhibition.
11.9 The Exhibitor shall comply with all relevant fire, health and safety legislations and rules and ensure that all its Associates are aware of their duties and responsibilities. Any plant or systems of work which may be used must be certified safe and in good working order.

12. INTELLECTUAL PROPERTY
12.1 The Exhibitor hereby represents and warrants to the Organizer that the Products do not infringe or breach in any way any right (including, but not limited to, intellectual property rights) of any person or entity and does not constitute a contravention of any applicable rule or law whether in the country of the Exhibition Venue or any other country.
12.2 The Exhibitor shall at all times, and without limit in point of time, indemnify and keep indemnified the Show Manager and/or the Organizer in full on demand against all liability, loss, damages, costs and expenses (including legal costs and expenses on a full indemnity basis) awarded against or incurred or paid by the Organizer as a result of or in connection with:-
(a) the breach of any warranty given by the Exhibitor under paragraph 12.1 above; and
(b) any claim that the Products infringe, or their importation, use or resale infringes, the patent, copyright, design right, trademark or other intellectual property rights of any other person or entity.
12.3 Any complaints involving infringement of an Exhibitor’s intellectual property rights during the Exhibition should be reported to the Organizer’s office.
12.4 The Complainants should fill out a form available from the Organizer and provide the requested information as stated in the form.
12.5 The Legal Advisor will meet the Complainant in private, and will request the Complainant to provide documents or evidence to support the complaint.
12.6 If the Legal Advisor is satisfied with the submitted documents and considers that there may be a case to answer, the Legal Advisor and a staff member of the Organizer will visit the Stand in question with the Complainant.
12.7 The Organizer reserve(s) the right to take photographs of the product/item/graphic or material in dispute. A copy of the photographs will be given to the Complainant and the Exhibitor concerned for record.
12.8 The Organizer shall have the right in its sole and absolute discretion, to request the Exhibitors to remove those of its Products from the Stand which may, or are alleged by any person to, violates any intellectual property rights.
12.9 If the Exhibitor involved is subsequently found liable of infringing intellectual property rights, the Show Manager will reconsider the Exhibitor’s participation in future exhibitions managed or organized by the Organizer.
12.10 Any opinion or views expressed by the Legal Advisor is intended for general guidance only and should not be regarded as being a complete or definitive statement of law or an indication of the ultimate outcome of any future infringement action. Any opinion provided by the Legal Advisor should be regarded as being a preliminary advice only on the basis of the information presented and not as a substitute for detailed and considered advice in individual cases. If advice concerning individual problems or other expert assistance is required, the parties concerned should seek independent and professional advice.
12.11 No liability whatsoever is accepted by the Organizer or any company appointed by the Organizer and/or the Legal Advisor for any losses, damages, claims, costs or expenses which any Exhibitor may claim to have suffered or incurred as a consequence of, or as a result of, any decision or action taken or opinion expressed by the Legal Advisor at the Exhibition. The Exhibitor agrees and acknowledges that the Show Manager or any company appointed by the Organizer and/or the Legal Advisor assume no such liability and the Exhibitor shall make no such claim against the Organizer or any company appointed by the Organizer and/or the Legal Advisor.
12.12 The Organizer or their agents act as a witness and mediator only and will not be responsible for any legal liability. It is not the responsibility of the Organizer or any company appointed by the Organizer and the Legal Advisor to assist the Complainants and/or the Exhibitors in enforcing their intellectual property rights.

13. TERMINATION OF RIGHT TO EXHIBIT
13.1 The Organizer shall have the right to terminate at any time without notice the right of the Exhibitor to exhibit in the Exhibition and to immediately take possession of the Stand at the Exhibitor’s expense in any of the following circumstances:-
(a) if the Exhibitor or any of its Associates commits a breach (whether capable of remedy or not) of any of the Regulations or any additional rules and regulations prescribed by the Show Manager under paragraph 19 below: or
(b) if the Exhibitor conducts any activity which, in the sole opinion of the Organizer, does not conform to the nature and purpose of the Exhibition, or interferes with the rights of other Exhibitors.
13.2 The Exhibitor shall have no claim for refund of the Participation Fee (or any part thereof) of any other claim against the Organizer in the event that its right to exhibit in the Exhibition is terminated under this paragraph 13.

14. CANCELLATION OF EXHIBITION
14.1 The Organizer reserve(s) the right to change the floor plan, site character or the Exhibition Venue at any time. The Organizer may in its sole and absolute discretion make proportional allowance for the space allocated to the Exhibitor.
14.2 After a confirmation document is issued, a written notification of cancellation of Stand must be received by the Organizer on or before the dates specified. The Organizer reserve(s) the sole decision to accept the cancellation or not. If the Stand is cancelled prior to 3 months of the Exhibition Period, 50% of the Participation fee will be due to the Organizer and if the Stand is cancelled prior to 2 months of the Exhibition Period, 80% of the Participation fee will be due to the Organizer. If the Stand is cancelled prior to 1 month of Exhibition Period, the exhibitor shall remain liable to the Organizer for the total Participation fee.
14.3 Any Refunds of the Stand will not be processed until after the exhibition has been finished. The full payment of the exhibition space cost is not received by 3 months prior to the commence date of said show, for which no special arrangements have been made with the Organizer, may be resold or reassigned by the organizer.
14.4 Notwithstanding anything contained in the Regulations or any other documents or agreements between the Exhibitor and the Organizer, the Organizer reserves the right to cancel, alter in character or reduce in scale the Exhibition, or to shorten or extend the Exhibition Period in its sole and absolute discretion at any time for whatsoever reason provided always that the Organizer may in its sole and absolute discretion refund without interest such amount, if any, of the Participation Fee or part of it less the related administrative expenses, marketing, promotional and advertising expenses incurred by the Organizer, as the Organizer thinks appropriate in accordance with paragraph 3 above.
14.5 Subject to the discretionary right to refund the Participation Fee under paragraph 14.2 above, the Organizer, their associated companies, their agents and representatives and any company appointed by the Organizer shall not be liable and the Exhibitor shall not make any claim or demand, whether for loss or damage, or return of all or part of any money paid by the Exhibitor, in connection with the Organizer exercising its rights under this paragraph 14, including without limitation, any cancellation, alteration, reduction, shortening or extension of the Exhibition or the Exhibition Period.

15. MY HKHANDS PORTAL
The Exhibitor agrees to join the “My HKHands” portal, in which the Exhibitor can manage their participation information and/or other events organized by the Organizer at the Exhibition.

16. ADDITIONAL RULES AND REGULATIONS
16.1 The Organizer reserves the right to interpret, alter and amend any of the Regulations and to issue additional rules and regulations at any time it considers necessary for the orderly operation of the Exhibition. Any and all interpretations of the Regulations and any additional rules and regulations made by the Organizer shall be final and binding on the Exhibitor.

17. RIGHT TO PRIVACY
17.1 The Exhibitor is to conduct itself in a courteous manner and respect the rights of all the other Exhibitors and visitors to the Exhibition. The Exhibitor and its Associates are prohibited from entering into the Stands of other Exhibitors unless expressly invited to do so.

18. GOVERNING LAW
18.1 These Regulations shall be governed by and construed in all respects in accordance with the laws of Hong Kong Special Administrative Region and the Exhibitor irrevocably submits to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
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