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Declaration of Assignment of Rights - ENG - Branded - 2023
Declaration of Assignment of Rights - ENG - Branded - 2023
Within the context of this declaration (hereinafter “the Declaration”), the terms identified by an upper
case letter have the indicated signification hereafter:
“Company”: Beiersdorf AG, registered under company registration number DE118513961 under the laws
of Germany and located at Unnastrasse 48, 20253 Hamburg, Germany
“Contest”: The contest organized on the Eyeka Website with title “Beauty without limits” contest
“Submission”: The work created and submitted by the Creator to the Contest
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Declaration of Assignment of Rights • ENG • Branded • 2023
2. MORAL RIGHTS
2.1 To the extent the Creator can invoke any moral rights, the Creator warrants that it will exercise its
moral rights in accordance with the professional rules.
2.2 The Creator acknowledges that he has exhausted his moral right of disclosure by materially
communicating the Submission to the Company.
2.3 The Creator waives, to the extent permitted by applicable law, the exercise of his moral right to respect
and integrity. He shall, by way of example, not oppose changes to the Submission that are made by the
Company in accordance with the fair and current practices of the profession.
The Creator, however, reserves the right to oppose any distortion, mutilation or other modification of the
Submission which may harm his/her honour or reputation. The exploitation of the Submission without
mentioning his name does not in itself harm his honour or reputation.
2.4 The Company undertakes to respect the moral right of attribution of the Creator in accordance with the
fair and current practices of the profession.
3. WARRANTIES
3.1. The Creator warrants that this assignment of Intellectual Property Rights in the Submission does not
violate any applicable laws or infringe any third party rights (including without limitation Intellectual
Property Rights, publicity rights, privacy, or obligation of confidentiality).
4. GENERAL
4.1 Company may assign its rights and obligations arising hereunder, in whole or in part, to any person of
its choice without the prior consent of the Creator being necessary on a case by case basis.
4.2 Should a provision of this Declaration be declared null or unenforceable, the remainder of this
Declaration will remain entirely valid and enforceable.
4.3 A failure or delay by Creator or Company at any time to exercise or require performance of any
provision of this Declaration, shall under no circumstances be construed as waiving of the benefits of the
aforementioned provision.
4.4 Any amendment to this Declaration shall be agreed by Creator and Company in writing and shall be
set out in a supplemental declaration signed by Creator and Company.
4.5 This Declaration shall not be deemed to create a partnership, relationship of subordination, agency or
joint enterprise between the Creator and Company.
4.6 This Declaration constitutes the entire understanding and agreement between the Creator and
Company with respect to the assignment of rights and the use of the Submission and shall supersede all
previous agreements either oral or written, with respect to the assignment of rights and the use of the
Submission.
4.7 This Declaration becomes legally binding as soon as the Creator signs this Declaration.
4.8 Unless otherwise provided under applicable laws, this Declaration shall be interpreted, construed and
governed by the laws of the country in which Company is incorporated and any dispute which arises in
connection with the preparation, interpretation or performance of this Declaration shall be brought before
the court having jurisdiction over such matters in the city where Company has its headquarters.
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Declaration of Assignment of Rights • ENG • Branded • 2023