NOTHING (R)

When you submit a design (“Design”) to the Nothing Community Edition Competition (“Competition”), you agree to abide by, and be bound by, these Nothing Community Edition Competition Terms & Conditions (“Rules”) below.

1. Sponsor. The sponsor of the Competition is Nothing Technology Limited (along with its affiliates, agents, and licensed assigns, the “Nothing”), an English company with offices at 80 Cheapside, London EC2V 6EE United Kingdom.

2. Competition Rules. Nothing will communicate the details of participation in the Competition through email.

1. Should there be a conflict between any instructions and these Rules, the Rules shall prevail.
2. Nothing reserves the right to amend these Rules and/or the terms of a Competition at any time or to suspend or cancel the Competition without penalty. Nothing may re-run the Competition at its sole discretion.
3. Nothing reserves the right to exclude at any time a Participant out of the Competition if a breach of the prescribed Rules and/or terms of the Competition is proven.
4. Nothing reserves the right to make changes to any winning Design for any reason, including, without limitation, feasibility of manufacturing and compliance with legal obligations.

3. How to Enter. Competition participants (“Participant(s)” or “you”) must be at least eighteen (18) years of age at the time of participation and may enter the Competition by following the process designated on the Website. As a Participant, you represent and warrant that you are at least eighteen (18) years of age. To be eligible to win, Participants must make their Designs through the prescribed process before the close of the Competition.

4. Process: To participate in the Competition and attempt to win a Prize, Participants shall follow the steps below: 


1. Please complete the Competition registration process through the link: https://nothing.tech/pages/community-edition
2. As part of the process, you, the Participant, will agree to these Terms and Nothing’s Privacy Policy.
3. Please note that Nothing is not responsible for computer or network problems; problems with the Platform or its servers; problems with email accounts; or the failure to receive any Design for any reason whatsoever. 

5. Eligibility. 

1. Subject to Nothing’s reasonable discretion, the Competition is open to individuals who are: (i) over the age of eighteen (18); (ii) not related by blood or marriage to any Nothing employees or agents; and (iii) residing in any eligible region throughout the World. Due to legal restrictions, Nothing is unable to accept Designs from Sudan, North Korea, Syria, Iran, Cuba, the Crimea region, or any other countries/regions which may be subject to export controls and/or sanctions at the time of the Competition.   By entering the Competition, you represent and warrant that you are not subject to any blacklists or sanctions of relevant countries, including, without limitation, the United States, the United Kingdom, and the European Union and that you are in full compliance with applicable export control laws and regulations.
2. Should shipping to a Participant’s address be excessively difficult or expensive, Nothing may, at its reasonable discretion, nominate an alternative winner.

6. Winner Selection. One or more Participants will be selected after a multi-stage winner selection process and will be nominated as winner(s) (“Winner(s)”). Nothing will reach out to Participants selected for short-listing. Nothing will consider community feedback based on online voting. Short-listing of Designs and selection of final Winner(s), however, shall be at the sole discretion of Nothing’s judges.

7. Prohibited Content. If Participants are submitting content, Nothing, its officers, directors, employees, affiliates, agents, successors, and authorised licensees and assigns shall in no case be liable for the contents of any Designs or misbehaviour during the Competition. Participants shall use good taste and judgement in participating the Competition. Each Participant shall be solely responsible for ensuring that their participation:

1. does not offend the intellectual rights of third parties; 
2. is free from obscenity or content that may be seen as bullying, harassment, or intimidation; 
3. complies with all data protection and privacy laws; 
4. complies with any and all other applicable laws;
5. does not engage in "doxxing" or making threats to reveal personal details of other Participants;
6. is free from viruses or malware; and 
7. is not otherwise inappropriate.

8. Rights to Content. 

1. Assignment of Rights. By submitting a Design, each Participant agrees to irrevocably assign to Nothing and its affiliates all rights to the Design, including the right to record, edit, modify, reproduce, distribute, transmit, publish, communicate to the public, broadcast, perform, display, produce, manufacture, or otherwise use the Design, in whole or in part, with or without modifications, in any form or medium, including but not limited to, internet, print, point of sale advertising, flyers, leaflets, for entertainment, promotional and/or advertising purposes and/or any other purpose whatsoever. Nothing shall have full rights to all submitted Designs.
2. Manufacturing Rights. The Participant agrees that, if his/her Design is selected as a winning Design, Nothing shall have the right to develop prototypes, test, build, manufacture, distribute, market, offer for sale, sell products making use of the Design(s).
3. Modification of Designs. The Participant acknowledges and agrees that Nothing may need to modify certain winning Designs for reasons of cost and/or manufacturing feasibility and that final Community Edition Phones may differ from the Designs, including, without limitation, in colour, sheen, texture, dimensions and/or other aspects.
4. Waiver of Rights. To the greatest extent permitted by law, Participants agree to waive and not to assert or invoke any so-called moral rights in relation to their Designs. Any intellectual property created pursuant to the Competition shall be Nothing’s exclusive property and Participants shall not challenge Nothing’s ownership. 
5. Licence for Personal Use. Notwithstanding the foregoing, each Participant shall retain a licence to his/her Design to use for non-commercial purposes, including, without limitation, display in the Participant’s portfolio. Personal use shall be strictly non-commercial.
6. No Licence to Use Nothing’s Intellectual Property. These Terms shall not in any case be deemed to licence or assign any of Nothing’s intellectual property to Participants. Participants shall not have the right to use any Nothing trade marks, copyrights, or other intellectual property without Nothing’s express written consent.

9. Prize(s). 

1. Nothing may grant prize(s) (“Prize(s)”) to the Competition Winner(s).
2. Specifically, the Winner(s) (as selected at Nothing’s sole discretion) shall receive a trip to London to attend and present his/her design at Nothing’s launch event. Transportation and accommodation for such a trip shall be at Nothing’s discretion. 
3. Winner(s) may have the opportunity for media appearances and other publicity regarding their winning Designs. The details of such appearances, if any, shall be at Nothing’s sole discretion.
4. Subject to applicable laws and regulations, Nothing reserves the right to cancel or change the Prize or disqualify any Winner at its absolute discretion. The Prize will be as communicated by Nothing to the Winner(s). All prizes are subject to availability and void where prohibited. 

10. Not included in the prize. The Winner shall be solely responsible for any taxes associated with collection of the Prize, including, without limitation, personal income taxes. Nothing shall also not be responsible for any of the following:

1. Expenses related to collection of the Prize; 
2. Lost income related to attendance of the Event;
3. Reimbursement of any expenses incurred in the creation of your Design; and
4. Any travel expenses that Nothing has not agreed in writing to cover;
5. Any income or other taxes payable by a Winner;
6. Any other costs or expenses not explicitly agreed to by Nothing.

11. Restrictions. 

Participants must submit original, valid Designs to the Competition and adhere at all times to these Rules and the Competition instructions.

Participants may not nominate any third party to play on their behalf or use any software which may create an unfair advantage.

Participants must also at all times comply with all applicable laws, rules, and regulations. 

Nothing reserves to disqualify Participants who violate these Rules. 

12.Notification/Announcement of Winner. 
The Winner(s) will be selected on dates announced by Nothing and will be notified in writing by Nothing. The Winner must confirm his or her acceptance of the Prize in writing within twenty-four (24) hours of such notification. Nothing reserves the right to disqualify any Winner who does not confirm acceptance of the Prize in accordance with these Rules and reserves the right to select an alternative winner. In the event of a dispute about the identity of a Winner, Nothing will award the Prize to a runner-up Participant. Nothing reserves the right to not award a Prize.

13. Prize Conditions. Except as required under applicable law, the Prize will be as referenced in these Rules and is provided as-is with no express or implied warranty or guarantee. This Competition is subject to applicable local laws and regulations, including, without limitation, tax laws. Nothing may require the Winner to sign and return an affidavit of eligibility, a liability release, and a publicity release permitting Nothing to use the Winner’s name, image, and winning Design in promotional materials where permitted by law and subject to applicable rules. Refusal or inability to sign and return such forms within 48 hours of receipt may result in disqualification and awarding of Prize to alternate Winner(s). 

14. General Liability Release. By entering this Competition, Participants release Nothing, its employees, agents, affiliates, and assigns from any liability whatsoever, on any theory, and waive any and all claims and causes of action arising from or related to this Competition and/or fulfilment and/or use of the Prize, to the extent permitted by applicable law. However, nothing in these Rules limits or excludes any person’s or entity’s liability for death or personal injury caused by their negligence or any other liability which may not be limited as a matter of law.

15. Data. By entering the Competition and submitting a Design and any other personal information, Participants are expressly consenting to the processing of their personal information by Nothing for the purpose of the Competition or any associated publicity by Nothing or its affiliates. Nothing’s Privacy Policy will apply. Nothing may share the Designs with partners and authorised licensees for Competition administration and prize fulfilment purposes. 

1. The Participant consents to his/her Personal Data being transferred, stored (both electronically and manually) by Nothing to Nothing and its business partner(s) located outside of the European Economic Area or area of residence for the purposes of maintaining records of the Competition and developing Competition-related external marketing materials (“Materials”). The Participant hereby agrees that such usages shall constitute legitimate business needs for Nothing.
2. The Participant further acknowledges and agrees that his/her participation in the Competition may result in his or her name, social media handle and other personal data (“Personal Data”, as defined below) being announced publicly. The Participant hereby waives any and all objections to such disclosures in the Materials.
3. For the purposes of this Agreement, “Personal Data” may include, but is not limited to email address, name, birthdate, passport or ID number, home address, contact information, region of residence, likeness or appearance. Nothing and its partners shall only retain the Participant’s Personal Data only as long as it may be needed.
4. The Participant acknowledges that collection and processing of the Personal Data listed in Section 15(c) for the uses described herein shall constitute a legitimate business need of Nothing.
5. Nothing undertakes to ensure that Nothing and its partners will take appropriate measures to protect Participants’ Personal Data and use Participants’ Personal Data only for the purposes described in this Agreement. Both Data Controller(s) and Data Processor(s) shall sign data processing agreements (DPAs) to meet the European Union’s requirements with respect to data processing. 

16. Interpretation and Disputes. Participants agree: 

1. To be bound by these Rules and all decisions of the judges, which are final and binding.
2. That any disputes shall be governed by the laws of England and Wales (or by mandatory local laws, if applicable), without regard to conflict of law principles. The courts of London shall have exclusive jurisdiction. That they consent and waive any objection to the jurisdiction of said tribunals for any such disputes. 
3. This Agreement shall be written and construed in the English language. Any translation shall not be the official version and, in the event of any conflict, the English version shall control.
4. Nothing reserves the right of interpretation with respect to these Rules. Should there exist any conflict between these Rules and any other communication, including but not limited to the Website, communication, email, public statements by Nothing employees/agents, or any other form of communication, these Rules shall prevail.

17. Confidentiality. Each Participant agrees to keep in strict confidence any Nothing confidential information they may encounter during the course of their participation in the Competition. “Confidential Information” includes, without limitation, to names and Personal Data of Nothing employees and agents, names and Personal Data of other Participants; information about current, future and potential products; financial information; unreleased marketing campaigns; business methods; information marked as “Confidential”; and any other information reasonably expected to be kept confidential under the circumstances. Participants shall not disclose, disseminate, transfer, copy, exploit, or otherwise make use of such Confidential Information without Nothing’s express written consent. Exception may be made for Confidential Information that becomes available through no fault of the Participant or is disclosed pursuant to an order from a court or other government body of competent jurisdiction, provided that the Participant notifies Nothing in advance and takes reasonable steps to limit any further disclosure. Participants whose Designs are chosen for shortlisting may be required to sign additional non-disclosure documentation.

18. Miscellaneous. 

1. Void Where Prohibited. The Competition is void where prohibited:
   - If any provision or part-provision of these Rules is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. 
   - If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Rules. 
   - To the extent permitted by applicable law, Nothing may suspend, modify or terminate the Competition if it believes, in its sole discretion, that malfunction, error, disruption or damage is impairing or will impair the administration, security, fairness, integrity or proper conduct of the Competition, in which case the prizes will be awarded among the eligible Designs received that were unaffected by the problem, if possible. 
   - Participants’ entry in this Competition shall be strictly in compliance with applicable laws and regulations. Participant represents and warrants that he/she is not subject to any blacklists or sanctions of relevant countries, including, without limitation, the United States, the United Kingdom, and the European Union. Due to sanctions and other legal restrictions, Nothing’s services—including participation in this Competition—may not be available in all countries or regions. 
2. Sanctions/Export Control. Nothing’s products, including Phone (2a), may be subject to US export control laws. You shall not, directly or indirectly, export, re-export, or release the Products to, or make them accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by applicable laws, rules, or regulations. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings.
3. Non-discrimination. Nothing conducts the Competition in accordance with all relevant equality and anti-discrimination law (whether in relation to race, sex, gender reassignment, age, disability, sexual orientation, religion or belief, pregnancy, maternity or otherwise).
4. Relationship Amongst the Parties. Notwithstanding anything to the contrary contained in these Rules, the relationship between the Participant and Nothing is on a principal-to-principal basis and nothing in this Agreement will be construed as creating a partnership, joint venture, association of persons, or employment/agency relationship between the Parties. The Participant shall not have any right to obligate or bind Nothing, or vice versa, in any manner whatsoever. Nothing contained in this Agreement shall give any rights of any kind to any third parties, whatsoever.
5. Entire Agreement. These Rules, together with any and all exhibits, annexures, and schedules, or amendments made by Nothing in writing, constitutes the entire understanding and agreement in relation to the subject matter hereof and supersedes all other agreements, understandings and representations made by either Party, prior to execution of this Agreement, whether verbal or written.  
6. Severability. Each term and provision of these Rules shall be valid and enforceable to the fullest extent permitted by law and any invalid, illegal or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, illegal or unenforceable term or provision.