Hera “Name our Dinosaur” Competition Terms and Conditions

1. I.               PARTICULAR TERMS AND CONDITIONS

1. Competition identity

Competition:            “Name our Dinosaur”.

Organiser:               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 8–10 Rue Mario Nikis, CS 45741, 75738 Paris Cedex 15, France (hereinafter “ESA” or the “Agency”).

ESA activity:            The Competition concerns the Hera mission, ESA’s planetary defence mission to the Didymos binary asteroid system and its smaller member, Dimorphos.

Objectives:              The Competition’s objectives are:

(i)             to select a name for the Hera mission’s Dinosaur Mascot;

(ii)            to raise awareness of the Hera mission, its scientific objectives and the role of planetary defence, including through public engagement and communication activities relating to the Competition and its outcome.

1. Key dates and Channels

Opening Date:         10/09/2026

Closing Date:          23/10/2026

Results Date:          The date on or after which ESA expects to announce the Winner and any Runners-up of the Competition is 02/11/2026 (indicative date).

Channel(s)              Email to Hera.Challenge@esa.int OR Upload via the Name Hera’s Dinosaur competition – ESA forms webpage.

1. Submission

Category	Submission	Requirements (additional to the ones set forth in the General Conditions)
Mandatory submission	One proposed name for the Hera Dinosaur Mascot	The proposed name must: a. be suitable for use as the name of Hera mission’s Dinosaur Mascot; b. demonstrate a clear and meaningful connection with the Hera mission, its scientific objectives or planetary defence; c. be suitable for use by ESA in communications, educational material, public-engagement activities and merchandise relating to the Hera mission and its Dinosaur Mascot;
Mandatory submission	Short explanation in written format	The written explanation must clearly and persuasively describe the meaning of the proposed name and demonstrate its relevance to the Hera mission, its scientific objectives or planetary defence. Maximum length: 500 words Permitted file format(s): PDF   Maximum attachment size 5 MB
Optional Submission	A short explanatory video	Maximum duration: 2 minutes Permitted file format(s): MP4

1. Runners up and Winner(s)

ESA will select one (1) Winner and 2 Runners-up.

1. Evaluation criteria

Subject to compliance with Article 4 of the General Terms and Conditions, the panel shall evaluate each eligible Submission on the basis of:

a. the relevance and strength of its connection with the Hera mission, its scientific objectives or planetary defence;

b. its originality, creativity and distinctiveness;

c. its suitability as a memorable, pronounceable and appropriate name for the Hera Dinosaur Mascot;

d. the clarity and coherence with which the written explanation identifies the meaning of the proposed name and demonstrates its relevance; and

e. its practical suitability for use in ESA communications, educational material, public-engagement activities and merchandise.

1. Prize

6.1      Winner’s Prize. 

The Winner shall receive one invitation to Hera Arrival Event in Berlin. The event will take place in the Museum für Naturkunde Berlin on the 25 of November 2026. Meals will not be covered unless organized at the event. This is an exclusive, VIP and invitation only event. The Winner will get a chance to meet the team behind the Hera mission as well as participate in social media content creation, in which case the Winner’s contribution shall be deemed to be part of the Winning Submission for which the intellectual property provisions set forth in these Terms and Conditions shall apply.

6.2      Runner-up Prize. Each Runner-up shall receive a Hera mission T-shirt and sticker

6.3     Prize-specific arrangements. The arrangements applicable to the Winner’s Prize and, where applicable, each Runner-up Prize are set out separately below

6.2     Runner-up Prize. Each Runner-up shall receive a Hera mission T-shirt and sticker.

6.3     Prize-specific arrangements. The arrangements applicable to the Winner’s Prize and, where applicable, each Runner-up Prize are set out separately below

6.3.1   Physical Prize for the 2 Runner6ups/

(i)             the Physical Prize shall consist of a Hera mission T-shirt and sticker

(ii)            the Physical Prize shall be delivered to the relevant Prize recipient at the address indicated in the Submission’s documentation;

(iii)          the relevant Prize recipient shall provide [: identification or other documents and comply with delivery or collection arrangements

(iv)          if delivery or collection cannot be completed within 1 (one) month ESA may treat that Prize as unclaimed and withdraw it, unless the relevant Prize recipient demonstrates that the delay was caused by a force majeure event.

6.3.2   Experiential Prize This subsection applies to the Winner only.

(i)             the Experiential Prize shall consist of attending the Hera Arrival Event  at Museum für Naturkunde Berlin, on 25 November 2026, as per Article 6.1 above;

(ii)            the relevant Prize recipient and any permitted accompanying person shall comply with all the identification, accessibility, safety, security and access requirements;

(iii)          ESA shall not cover any costs or expenses associated with the Experiential Prize, which shall be borne by the relevant Prize recipient or, where applicable, any permitted accompanying person;

(iv)          the Experiential Prize is subject to Article 6.6.2 of the General Terms and Conditions; and

(v)           if the experience cannot take place, ESA may provide a substitute Prize of comparable nature or value.

6.4     Claim period. The relevant Prize recipient must complete the steps specified in Article 6.3 for the acceptance, receipt or use of the Prize within 2 (two) weeks after ESA notification. If the relevant Prize recipient fails to do so, ESA may treat that Prize as unclaimed and withdraw it.

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1. I.               GENERAL TERMS AND CONDITIONS

1. Definitions

1.1          “Agency” or “ESA” means the European Space Agency.

1.2          “Applicant” means an eligible natural person who submits a Submission to the Competition, in accordance with the Applicable Conditions.

1.3          “Applicable Conditions” means collectively the following document which may be amended or supplemented from time to time by the Agency:

(i)             The present terms and conditions;

(ii)            The “Privacy Notice” i.e. the document describing the processing of Personal Data in the context of the Competition;

(iii)          Any other document published by the Agency and identified as part of the Applicable Conditions.

1.4     “Eligible States” means:

(i)             “Associate Members”         means Cyprus, Slovakia, Latvia and Lithuania.

(ii)            “Cooperating States”         means Bulgaria, Canada, Croatia and Malta.

(iii)          “Member States”                means Austria, Belgium, Czechia, Denmark,

Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, Slovenia, Spain, Sweden, Switzerland and the United Kingdom.

1.5      “Prize” means any prize or benefit awarded or made available to a Winner or Runner-up under the Particular Terms and Conditions, comprising one or more of the following components:

(i)             a Physical Prize, being tangible goods;

(ii)            a Monetary-Value Benefit (benefit having a stated monetary value);

(iii)          an Experiential Prize, being a visit, event, training, workshop, an opportunity or other in-person or virtual experience; or

(iv)          an Other Prize, being any other prize or benefit specified in the Particular Terms and Conditions; it may consist of display opportunities, institutional recognition, expert feedback, or any combination of Prize components.

1.6      "Submission”  means the full package submitted by the Applicant in the context of the Competition, comprising in particular the mandatory and the optional entries indicated herein.

A Prize shall not involve:

(i)             any loan of equipment or software;

(ii)            any grant or implication of rights in Intellectual Property Rights owned or controlled by ESA or a third party;

(iii)          access to or use of technical facilities or expertise.

1.6     “Intellectual Property Rights” means all intellectual property rights of any nature whatsoever, whether registered or unregistered, including, without limitation, copyright and related rights, database rights, design rights, trademarks, trade names, domain names, rights in goodwill, and any applications for or rights to apply for such rights, as well as any rights of a similar or equivalent nature anywhere in the world.

1.7     “Personal Data” means any information relating to an identified or identifiable natural person, as defined under and interpreted in accordance with the ESA PDP Framework.

1.8     “PDP Framework” means the framework of protection of personal data applicable to the Agency and the data subjects interacting with the Agency. Link:https://esamultimedia.esa.int/docs/LEX-L/ESA_Principles_of_PDP_Rules_of_Procedure_for_DPSA_and_Policy.pdf

1.9     “Winning Submission” means any Submission that has been formally designated as a winning.

1. HOW TO PARTICIPATE

2.1      Competition period. To participate in the Competition, an Applicant must submit a Submission during the period beginning on the Opening Date and ending on the Closing Date specified in the Particular Terms and Conditions.

2.2     Submission channel and deadline. The Applicant must submit the Submission through one of the Channels specified in the Particular Terms and Conditions so that ESA receives it no later than 23:59 CEST on the Closing Date.

2.3     Late Submissions. To be considered, the Submission must be received by the deadline in Article 2.2. A late Submission shall be disqualified.

2.4     One Submission per Applicant. To participate, each Applicant may make only one Submission. If ESA receives more than one Submission from the same Applicant, ESA shall consider only the first Submission received and shall disqualify each subsequent Submission.

2.5    Language. The Applicant must make the Submission in English.

1. ELIGIBILITY

3.1          Eligibility Requirements. To be eligible to participate in the Competition, an

Applicant must, at the time of making the Submission and until completion of the Competition:

(i)             have reached the age of majority under the law applicable to them;

(ii)            be a national of an Eligible State, irrespective of their country of residence; and

(iii)          not fall within any of the non-eligibility circumstances set out in Article 3.2.

3.2     Non-eligibility circumstances. An Applicant is not eligible to participate, or ceases to be eligible, if the Applicant:

(i)             is an ESA staff member or a staff member of an ESA supplier or contractor involved in organising, administering or evaluating the Competition;

(ii)            is a member of the immediate family or household of a person referred to in paragraph (i);

(iii)          does not comply with the Applicable Conditions;

(iv)          provides false, misleading or incomplete information concerning their eligibility or Submission;

(v)           engages in fraud, corruption, serious professional misconduct or other unlawful conduct relevant to the Competition;

(vi)          infringes the Intellectual Property Rights or other rights of a third party; or

(vii)         acts in a manner that materially harms the integrity of the Competition or ESA’s legitimate interests or reputation.

3.3     Confirmation of eligibility. By submitting a Submission, the Applicant confirms that they meet, and they will continue to meet, the eligibility requirements set out in this Article 3.

3.4     Verification and consequences of non-eligibility. To verify eligibility, ESA may require the Applicant to provide reasonable supporting evidence, including evidence of age, nationality, and identity, at any time. If an Applicant does not meet, or ceases to meet, the requirements of this Article 3, or fails to provide the requested evidence within the period specified by ESA, ESA may exclude the Applicant or disqualify the Submission.

1. SUBMISSION REQUIREMENTS

4.1     Mandatory content. To be considered, a Submission must include the mandatory content specified in the Particular Terms and Conditions.

4.2     Optional material. The Applicant may include any optional material specified in the Particular Terms and Conditions. The absence of optional material shall not affect the eligibility of the Submission.

4.3     General requirements.

4.3.1   For all Submissions. Each Submission must:

(i)             be original and not copied from another source;

(ii)            not infringe any Intellectual Property Rights or other rights of a third party;

(iii)          not contain unlawful, offensive, discriminatory, defamatory or otherwise inappropriate material;

(iv)          not contain any Personal Data relating to the Applicant or any other individual, except for information expressly requested by ESA and submitted through the designated Channel for the administration of the Competition;

(v)           comply with the technical specifications, including any format, file-size and duration limits, specified in the Particular Terms and Conditions;

(vi)          be submitted in a file that is complete, accessible, free from malicious software and capable of being opened using commonly available software; and

(vii)         not be generated, in whole or in part, using generative artificial intelligence tools or services.

4.3.2   General requirements applicable to specified types of entry. Where the Particular Terms and Conditions require a particular type of entry, that must:

(i)             be consistent with ESA’s purpose, strategic objectives, official activities and values, and must not prejudice ESA’s dignity, integrity or reputation;

(ii)            be appropriate for its intended use and for communication and outreach purposes, taking account of its content and meaning in relevant languages;

(iii)          be distinctive and must not be generic or merely descriptive of the relevant activity, product, service, characteristic, purpose or quality, where distinctiveness is relevant to the Competition;

(iv)          not be unlawful, offensive, discriminatory, defamatory, deceptive, fraudulent or otherwise inappropriate;

(v)           not reproduce or improperly incorporate any protected name, emblem, flag, insignia, geographical indication, personal name or other matter whose use is prohibited or restricted;

(vi)          not infringe, misappropriate or conflict with any pre-existing Intellectual Property Right, personality right or other third-party right; and

(vii)         be capable of lawful use and, where ESA considers protection appropriate, registration as a trademark, domain name or other relevant right.

4.4     Transmission and receipt. The Applicant must allow sufficient time for the Submission to be transmitted and received before the deadline and must retain a copy of the Submission. A Submission that is not received, or that is delayed, corrupted or inaccessible because of an email-delivery failure, network interruption, attachment filter, file incompatibility or other technical transmission issue, may not be considered.

4.5     Non-compliant Submissions. If a Submission does not comply with this Article 4 or the Particular Terms and Conditions, ESA may take any proportionate measure it considers appropriate, including requesting correction, declining to evaluate or publish the Submission, withdrawing any selection or benefit, or disqualifying the Submission or excluding the Applicant, without prejudice to ESA’s rights and remedies under the warranties and liability provisions of these Applicable Conditions.

1. EVALUATION AND SELECTION

5.1     Evaluation panel. ESA shall appoint an evaluation panel composed of persons with appropriate expertise and experience. ESA may replace or add members of the panel where reasonably necessary.

5.2     Admissibility review. Before evaluation, ESA may verify whether each Submission and Applicant comply with the Applicable Conditions. ESA may exclude an Applicant or disqualify a Submission that does not satisfy those conditions.

5.3     Evaluation criteria. The panel shall evaluate each eligible Submission in accordance with the criteria specified in the Particular Conditions.

5.4     Selection. The panel shall recommend the number of Winning and Runner-up Submissions specified in the Particular Conditions.

5.5     Identical or similar Submissions. If two or more Applicants submit an identical or substantially similar entry, ESA may give precedence to the compliant Submission received first. The panel may nevertheless consider any material differences between the Submissions or their accompanying materials.

5.6     Panel decision. The panel shall evaluate Submissions on their merits. Its decision shall be final. ESA and the members of the panel shall not be required to enter into correspondence or discussion concerning the evaluation, ranking or selection of Submissions.

5.7     Verification before continuation. Before confirming a Winner or Runner-up, ESA may require the relevant Applicant to provide evidence of authorship, ownership of rights or compliance with the Applicable Conditions. If the Applicant does not provide satisfactory evidence within the period specified by ESA, ESA may disqualify the Submission and select another Submission.

5.8     No obligation to select. ESA may decide not to select a Winner or any Runner-up if no Submission meets the required standard or if the Competition is suspended, cancelled or otherwise affected in accordance with the Applicable Conditions.

1. WINNER NOTIFICATION AND PRIZES

6.1      Notification. ESA shall notify each selected Winner and Runner-up using the contact details provided with the Submission, as soon as reasonably practicable after the selection decision.

6.2      Response. A selected Applicant must respond within the period specified by ESA and provide any information or documents reasonably required to confirm their eligibility, identity and entitlement to the Prize.

6.3      Confirmation. Selection shall remain provisional until ESA has completed any required verification and confirmed the prize recipient as a Winner or Runner-up.

6.4      No response. If a selected Applicant does not respond within the specified period, cannot be contacted, does not complete the required verification or declines the selection, ESA may withdraw the selection and select another eligible Submission.

6.5      Announcement. ESA may announce the Winner and Runners-up on or after the Results Date specified in the Particular Terms and Conditions. ESA reserves the right to determine the timing, format and channel of any announcement. Any public announcement shall be subject to Article 7 and the applicable Privacy Notice.

6.6      Prizes.

6.6.1   Prize entitlement and arrangements. Each Winner, and each Runner-up where specified in the Particular Terms and Conditions, shall be entitled to the applicable Prize. The Particular Terms and Conditions shall identify the relevant Prize component or components and specify their quantity, characteristics and applicable delivery, collection, issue, or other  arrangements. The Prize is not negotiable.

6.6.2   Experiential Prizes. Where a Prize includes an Experiential Prize, its provision and use are subject to operational feasibility and availability, applicable safety, security and access requirements, and compliance by the Prize recipient and any permitted accompanying person with ESA’s reasonable instructions. ESA may postpone, relocate, modify or cancel the experience where reasonably necessary for operational, safety, security, technical, weather-related or other circumstances. ESA does not guarantee that any particular activity or event, including a launch, will take place or be witnessed, here affected by operational, safety, security, technical, weather-related or other circumstances.

6.6.3   Third-party supplied Prizes. Where a Prize or any component of it is supplied, operated, issued or administered by a third party, its acceptance and use may be subject to that third party’s applicable terms, eligibility requirements, booking procedures, validity periods and reasonable instructions, as identified in or notified consistently with the Particular Terms and Conditions.

6.6.4   Prize-specific limitations. A Prize may be subject to conditions specified in the Particular Terms and Conditions. Where Article 6.6.3 applies, the Prize is also subject to the relevant third-party conditions identified or notified in accordance with that Article.

ESA does not guarantee that a Prize will satisfy the Prize recipient’s personal preferences or requirements, or be suitable for any purpose.

6.7      Prize conditions. A Prize:

(i)             must be claimed by the selected Applicant personally;

(ii)            is non-transferable and non-exchangeable;

(iii)          may not be replaced by cash or other compensation; and

(iv)          is subject to any additional conditions specified in the Particular Terms and Conditions and any requirements reasonably necessary for its administration, acceptance or use.

6.8      Substitution. If a Prize becomes unavailable for reasons beyond ESA’s reasonable control, ESA may replace it with a prize of comparable nature or value. No cash alternative or compensation shall be payable.

6.9      Costs. Unless expressly stated otherwise in the Particular Terms and Conditions, the selected Applicant is responsible for any cost, tax, charge or expense associated with accepting, receiving or using a Prize.

6.10    No further payment. Unless ESA agrees otherwise in writing, participation in the Competition, selection as a Winner or Runner-up, and ESA’s use or commercial exploitation of a Submission do not entitle an Applicant to any fee, royalty, financial compensation or other payment beyond the Prize specified in the Particular Terms and Conditions. In particular, no royalty or other payment shall be due in connection with the exploitation of the winning Submission, or of ESA merchandise incorporating or displaying the Submission.

1. PUBLICITY

7.1      Announcement. ESA may publicly announce the Winner and Runners-up on or after the Results Date specified in the Particular Terms and Conditions.

7.2      Publication of information. Subject to the applicable Privacy Notice, ESA may publish the name, country of residence and selected status of a Winner or Runner-up, together with their Submission.

7.3      Publicity activities. A Winner or Runner-up may be invited to participate in proportionate publicity activities relating to the Competition, the Submission or the Prize, such as interviews, photographs, recordings or events. The nature, timing and practical arrangements of any participation shall be agreed in advance with the relevant Applicant.

7.4      Personal Data. ESA shall process Personal Data used for publicity purposes in accordance with the PDP Framework and the applicable Privacy Notice.

7.5      Intellectual Property Rights. Any publication or display of a Submission under this Article 7 shall be subject to the rights granted or assigned to ESA under Article 8.

1. INTELLECTUAL PROPERT RIGHTS

8.1      General. Unless ESA and the Applicant agree otherwise in a separate written arrangement, this Article 8 applies to the Submission and to all descriptions, documents and other material submitted with or as part of it.

Before making a Submission, the Applicant must ensure that they own, or have obtained and maintain, all Intellectual Property Rights and other rights necessary to grant the licences and, where applicable, make the assignment provided for in this Article 8, free from any licence, assignment, charge, security interest or other restriction that could prevent, limit or delay ESA’s exercise of those rights. The Applicant must not take, or permit, any action that would prejudice the rights granted or assigned to ESA under this Article 8.

8.2      Ownership of non-winning Submissions. Subject to the rights granted to ESA under this Article 8, the Applicant retains ownership of the Intellectual Property Rights in any Submission that ESA does not formally confirm as the Winning Submission.

8.3      Licence for all Submissions. By making a Submission, the Applicant grants ESA a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to use, reproduce, store, review, evaluate, publish, communicate, make available, distribute, display, adapt, translate, modify, digitise and incorporate the Submission, in whole or in part and in any medium or format, for:

(i)             administering and evaluating the Competition;

(ii)            announcing, promoting and reporting on the Competition and its results; and

(iii)          ESA’s institutional, scientific, educational, outreach, communication and public-engagement activities.

The licence is irrevocable and shall continue for the full duration of the relevant Intellectual Property Rights. In relation to the Winning Submission, the licence granted under this Article 8.3 shall apply until the assignment under Article 8.4.3 takes effect and shall thereafter be superseded by that assignment, without affecting the validity of any act carried out by ESA before confirmation of the Winning Submission.

8.4      Assignment of the Winning Submission.

8.4.1   Title and authority. The Applicant warrants that they are the sole owner of the Intellectual Property Rights in the Submission, have full power and authority to assign them to ESA and have not granted or agreed to grant any conflicting right to a third party.

8.4.2   Assignment. When ESA formally confirms a Submission as the Winning Submission in accordance with Article 6, the Winner assigns to ESA, exclusively and with full title guarantee, all transferable Intellectual Property Rights in and arising from the Winning Submission. The assignment takes effect upon that confirmation and, to the extent permitted by applicable law, shall be deemed effective from the date on which the Winning Submission was made. The Prize specified in the Particular Terms and Conditions constitutes consideration for the assignment.

8.4.3   Scope of assignment. The assignment under Article 8.4 applies throughout the world for the full duration of the assigned Intellectual Property Rights and includes the rights to:

1. reproduce, represent, publish, communicate to the public, make available, distribute and display the Winning Submission;
2. adapt, translate, modify, digitise, edit, combine and incorporate the Winning Submission, in whole or in part;
3. commercially exploit the Winning Submission, including by manufacturing, decorating, advertising, distributing or selling products incorporating it;
4. apply for, obtain, maintain and enforce registrations as trademarks, designs, models, domain names or other rights; and
5. authorise, license, sublicense, assign or otherwise transfer any right referred to in this Article 8.4.3,

in any medium or format now known or developed in the future and for any ESA institutional, scientific, educational, outreach, communication, promotional, public-engagement, publication or merchandising purpose.

8.4.4   Fallback licence. If, solely because of a mandatory rule of applicable law and notwithstanding the Applicant’s full ownership and authority, a particular Intellectual Property Right cannot legally be assigned, the Winner must:

1. grant ESA, to the fullest extent permitted by law, an exclusive, irrevocable, worldwide, transferable, sublicensable and royalty-free licence to exercise that right for its full period of protection and for all purposes permitted under Article 8.4.3;
2. exercise, and procure the exercise of, that right only as directed by ESA and not in a manner inconsistent with ESA’s rights or legitimate interests; and
3. take all steps reasonably requested by ESA to give ESA the practical and economic benefit of ownership of that right.

This Article 8.4.4 does not remedy or excuse any failure by the Applicant to own the relevant right, obtain necessary third-party rights or preserve their ability to assign it to ESA.

8.5      Further assurance. At ESA’s reasonable request and expense, the Winner must sign any document and take any reasonable step necessary to confirm, perfect, register, maintain or enforce ESA’s rights under this Article 8.

8.6      Moral rights and permitted treatment. To the extent permitted by applicable law, the Applicant waives and agrees not to assert any moral right or equivalent personal right in a manner that would prevent or materially restrict ESA’s exercise of its rights under this Article 8. Where such a right cannot be waived, the Applicant consents, to the fullest extent permitted by applicable law, to ESA carrying out the acts authorised by this Article 8 without further approval.

ESA may make any technical, editorial, accessibility, formatting, translation, integration or adaptation change reasonably required for the relevant use. This may include using extracts, resizing, cropping, reformatting, changing resolution, file format, colour profile or layout, adding titles, captions, subtitles, translations or explanatory material, adapting wording to ESA’s house style, combining the Submission with other material, and incorporating it into digital content, publications, exhibitions, promotional material or merchandise. ESA shall not knowingly use or alter the Submission in a manner that materially prejudices the Applicant’s honour or reputation.

8.7     Attribution. ESA shall use reasonable efforts to identify the Applicant as the author where attribution is technically and practically feasible and compatible with the relevant use. ESA is not required to provide attribution where it would be impracticable, disproportionate or incompatible with the format, context or purpose of the use, including where the Submission is used in modified, combined, partial, technical, promotional, merchandising or social-media material.

8.8      Cooperation. The Applicant must cooperate reasonably and in good faith with ESA to resolve any issue concerning moral rights or equivalent personal rights in a manner that preserves, to the fullest extent permitted by applicable law, ESA’s ability to exercise the rights granted or assigned under this Article 8.

8.9      ESA-created material. ESA owns the Intellectual Property Rights arising in any adaptation, combination, layout, product, recording or other material created by or for ESA using the Submission, to the extent permitted by applicable law.

8.10   Third-party material. The Submission must not reproduce, incorporate, adapt, derive from or otherwise use any material protected by Intellectual Property Rights or other rights belonging to a third party. The Applicant must create the entire Submission independently and must be the sole owner of all Intellectual Property Rights in it.

8.11    Protection of ESA rights. ESA retains all rights in its names, emblems, logos, mission names, trademarks and other materials. Participation in the Competition does not grant or imply any right for the Applicants to use them.

Without ESA’s prior written consent, the Applicants must not apply for, register or use any trademark, design, domain name, social-media identifier or other right incorporating, or confusingly similar to, the Winning Submission or any name, acronym, emblem, logo, mission or programme name, trademark or other distinctive sign owned or used by ESA. Any use expressly and in writing authorised by ESA must comply with ESA’s instructions and must not imply ESA’s endorsement of the Applicant, its activities, or any product, service or cause. ESA may require such use to be corrected or discontinued immediately.

8.12    Independently developed material. Nothing in this Article 8 prevents ESA from using material that ESA can demonstrate was independently developed, lawfully obtained from another source or already known to ESA without restriction.

8.13    No further payment. The grant or assignment of rights under this Article 8 does not entitle the Applicant to any fee, royalty, compensation or other payment beyond the Prize or other benefit expressly specified in the Particular Terms and Conditions, as provided in Article 6.10.

1. 9.    WARRANTIES AND LIABILITY

9.1     Applicant warranties. By making a Submission, the Applicant warrants that:

      i.         the Applicant has the legal capacity, rights and authority to enter the Competition, perform their obligations under and comply with the Applicable Conditions;

     ii.         the Applicant has the right and authority to submit the Submission and any Intellectual Property Rights embodied in or relating to it, and the Submission is original and does not infringe any Intellectual Property Rights, privacy, personality, publicity or other rights of a third party; and

    iii.         the Applicant holds all rights, permissions, consents and authorisations necessary to grant the licences, make any assignment and provide any other authorisation contemplated by the Applicable Conditions, including Article 8.

9.2     Evidence and notification. At ESA’s request, the Applicant must provide satisfactory evidence supporting the warranties in Article 9.1 and must promptly notify ESA of any actual or alleged breach.

9.3     Indemnity. The Applicant shall indemnify and hold ESA harmless from any third-party claim, proceeding, loss, damage, cost or expense arising from a breach of Article 9.1 or from the Applicant’s infringement of a third party’s rights.

9.4     No ESA warranty. Participation in the Competition is at the Applicant’s own risk. ESA gives no warranty concerning the Competition, the availability or operation of any Channel, the selection of any Submission or the award, suitability or availability of any Prize.

9.5      ESA liability. To the fullest extent permitted by applicable law, ESA shall not be liable for any loss, damage, cost or expense arising from participation in the Competition, any delay, interruption, technical failure, error, suspension or cancellation, including as a result of force majeure, any decision not to select a Submission, or the acceptance or use of a Prize. ESA shall not be liable for any injury, loss or damage caused or sustained by an Applicant, Winner, Runner-up, accompanying person or third party in connection with participation in the Competition, a Prize or any related activity, including travel to an ESA establishment or attendance at an event.

9.6     Mandatory liability. Nothing in the Applicable Conditions excludes or limits Applicant’s liability that cannot lawfully be excluded or limited, or the Applicant’s liability for fraud, wilful misconduct or gross negligence.

10. PERSONAL DATA PROTECTION

10.1   Applicable framework. ESA shall process Personal Data, including the Applicant’s name, image, likeness, appearance and voice, in connection with the Competition and ESA communication activities in accordance with the PDP Framework and the applicable Privacy Notice.

10.2    Submission of Personal Data. The Applicant shall ensure that any Personal Data provided by the Applicant, expressly requested by ESA and through the designated Channel for the administration of the Competition, shall be accurate and kept up to date.

10.3   Processing principles. ESA shall process Personal Data for specified and legitimate purposes, only to the extent necessary for those purposes, and under conditions designed to protect its confidentiality, integrity and security and the rights of data subjects.

10.4   Purposes and details. Information about the purposes of processing, categories of Personal Data, legal basis, recipients, retention periods, international transfers and procedures for exercising data-subject rights is described in the applicable Privacy Notice.

10.5 5   Processors. Where a service provider, partner or contractor processes Personal Data on ESA’s behalf in connection with the Competition, ESA shall require that entity to implement an adequate level of protection consistent with the PDP Framework.

10.6   ESA communication activities. Personal Data obtained in connection with the Competition may also be processed for ESA’s institutional, scientific, educational, outreach, public-engagement, promotional and other communication activities, where consistent with the PDP Framework and the information provided to the Applicant. Where an Applicant subsequently interacts with ESA for a separate purpose or participates in another ESA activity, the related processing may be governed by another privacy notice released by ESA as appropriate.

11. APPLICABLE LAW AND DISPUTES

11.1   ESA Convention. The Applicable Conditions are without prejudice to the Convention for the establishment of a European Space Agency and, in particular, Annex I concerning the privileges and immunities of ESA.

11.2   Applicable law. Except for Personal Data matters or incidents governed by the PDP Framework, the Applicable Conditions shall be governed by and interpreted in accordance with the laws of France.

11.3   Amicable settlement. ESA and the Applicant shall use their best endeavours to settle amicably any dispute arising out of or in connection with the Applicable Conditions.

11.4   Arbitration. If a dispute is not settled amicably, it shall be finally resolved under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators. Each party shall nominate one arbitrator and the third arbitrator shall be appointed in accordance with those Rules. The seat of arbitration shall be Paris, France, and the language of the arbitration shall be English. The award shall be final and binding.

12. GENERAL

12.1   Independent parties. ESA and the Applicant are independent parties. Nothing in the Applicable Conditions creates a partnership, joint venture, agency, employment, fiduciary or similar relationship between them.

12.2   Suspension, cancellation and amendment. ESA may suspend, cancel or amend the Competition where reasonably necessary because of circumstances affecting its integrity, fairness, security, feasibility or proper administration. Without limitation, ESA may do so where the Competition is not capable of being run as planned, the objective of the Competition has been achieved, or no Submission is received or no Submission received complies with the Applicable Conditions. Subject to Article 9.6, ESA shall have no obligation, liability or responsibility arising solely from any such suspension, cancellation or amendment. ESA shall publish or otherwise communicate any material change through the Competition Channel.

12.3   Withdrawal and replacement. A selected Applicant who wishes to withdraw must notify ESA promptly in writing. If a selected Applicant withdraws, is excluded or is disqualified, ESA may withdraw the selection and select another eligible Submission. ESA’s decision shall be final.

12.4   Survival. The expiry, completion, withdrawal from, exclusion from, modification or termination of the Competition, or of an Applicant’s, Winner’s or Runner-up’s participation therein, shall not affect any rights, remedies, obligations or liabilities accrued prior to such event.

Any provision of the Applicable Conditions which, by its nature, purpose or express terms, is intended to continue after such expiry, completion, withdrawal, exclusion, modification or termination shall remain in full force and effect for the period necessary to give effect to that provision.

Without limitation, this includes provisions relating to intellectual property rights, licences and authorisations granted to ESA, protection of proprietary information, personal data protection, image rights, publicity and communication rights, warranties, liability, dispute resolution, applicable law, and any other rights or obligations expressly stated or necessarily intended to survive.

12.5    Entire agreement and priority. The Applicable Conditions constitute the entire agreement between ESA and the Applicant concerning the Competition. In the event of inconsistency, the Particular Terms and Conditions shall prevail over the General Terms and Conditions to the extent of that inconsistency.

12.6   Severability. If any provision of the Applicable Conditions is held to be invalid, unlawful or unenforceable, that provision shall be modified to the minimum extent necessary or, if modification is not possible, severed. The remaining provisions shall continue in effect.

12.7   No waiver. A failure or delay by ESA in exercising a right or remedy does not constitute a waiver of that or any other right or remedy.