ARTICLE 1 – ORGANISING ENTITY
The European Space Agency, hereinafter referred to as the “ESA”, international intergovernmental organisation with its registered office at 24 rue du Général Bertrand, 75007, Paris, France, represented by its Director General, is organising the “My Space Dream” competition from 11 June 2019 at 12pm (GMT) to 21 June 2019 at 12pm (GMT) (hereinafter referred to as the “Competition”).
ARTICLE 2 – SCOPE OF THE “MY SPACE DREAM” COMPETITION
2.1.Context and Aim
In its role as intergovernmental organisation, the ESA is preparing for the session of the ESA Ministerial Council called “Space19+”, which comprises a meeting of ministers from ESA Member States held in Seville, Spain, from 27 to 28 November 2019, to adopt the proposals of the ESA and ensure their implementation and funding over the coming years.
In the run-up to this major European political meeting, the ESA wishes to raise awareness of the European population to space-related issues by inviting them to participate in a citizen’s open forum, in which everybody has the right to speak.
To this end, the ESA is organising the “My Space Dream” Competition, free of charge and with no obligation to make any purchase or payment.
2.2. Access to the Competition
This Competition (including its updates) is accessible on the websites at the following URLs:
2.3. Details of the Competition
The details of the Competition are as follows:
- The Competition is open to all citizens of the Member States of the European Space Agency and, more broadly, natural persons only, subject to the fulfilment of the conditions of participation established in these Regulations.
- Participants are invited to share their "Space Dream" in video format from 30 seconds to a maximum of one minute. These will be selected and potentially rewarded according to the criteria defined in Article 5 of this Regulation.
2.4. Capacity of winner
The capacity of winner is subject to a valid entry.
ARTICLE 3 – CONDITIONS OF ENTRY
To enter, every person must:
- Complete and submit the individual entry form, which will be available on the Website from 11 June 2019 with respect for the procedure defined below;
- Create a video fulfilling the conditions described in Article 4.4 below, and submit it with the entry form.
The content of the video must also respect the conditions described in Article 3.2, and must not go against the values and the purpose of the ESA, as they result from the Convention.
3.2. Acceptance of the Rules
The simple act of entering the “My Space Dream” Competition entails full and unreserved acceptance of these rules in their entirety, which constitute a contract between the ESA and the entrant, and a sworn commitment to guarantee the accuracy and truthfulness of the information provided.
ARTICLE 4 – TERMS OF ENTRY
4.1. Advertising of the Competition
The Competition will be announced by the ESA through:
- a digital advertising campaign, in the form of sponsored banners on Twitter and Instagram;
- an advertising campaign on the ESA’s social networks;
- an advertising campaign to the press, via press releases;
- an email, sent to the email addresses to which the ESA has access.
These advertising campaigns shall be carried out throughout Europe.
4.2. Entries to the Competition
Entries to the Competition must be submitted electronically, on one of the Websites mentioned in Article 2.2, during the first stage of the competition (from 11 June 2019 to 21 June 2019). The website can be accessed via a computer connected to the internet.
The competition is open to adults and children. Children under the age of 18 must have the permission of their legal guardian, through a written permission form signed by the legal guardian and sent to the ESA upon entering. Absence of such permission will make the entry of the child in question invalid.
4.4. Video Conditions
To be permitted to enter, each entrant must visit the Website and create then submit a video of a duration of 30 seconds to 1 minute maximum, which must strictly relate to the theme of space, and complete the entry form correctly.
Videos uploaded by users must respect specific technical requirements:
- video format MP4 / H264, and
- file size less than 20 Mb.
Only videos fulfilling all the above conditions will be considered.
Any entry where one or more of the required details is inaccurate will not be considered, and will automatically be disqualified from the competition.
If you forget to enter one of the required details on the entry form, an automatic error message will ask you to complete the omitted detail(s).
The ESA reserves the right to delete any content deemed defamatory, discriminatory, racist, biased, abusive, disrespectful, inappropriate, misplaced or non-compliant with respect for the individual.
Any entry comprising missing, false, incomplete or illegible information, or received after the deadline for entry, will be deemed invalid and will be disqualified.
4.6. Confirmation of entry
Each entrant will be sent an email confirming entry to the competition. If you do not receive this message, please contact email@example.com to confirm your entry.
4.7. Video submission deadline
Entrants will have until 12pm on 21 June to submit their video. You may submit up to 3 videos with a same email address. The ESA may decide to extend the deadline by up to one additional week.
4.9. Publication of the video
Every valid entry activates immediate publication of the video on the website www.myspacedream.com. Videos are subject to automatic translation by Google. Once online, the videos are simultaneously processed and subtitled in English, save where entrants have themselves integrated English translations. The ESA may not be held liable for poor translation, and reserves the right to disqualify a video in case of poor English translation provided by the entrant.
ARTICLE 5 – SELECTION CRITERIA
The videos received will be assessed by the ESA on the basis of the following selection criteria:
- Universal nature of the dream;
- Possible incorporation into one of the 4 programme pillars of the ESA (Science & Exploration, Safety & Security, Applications and Enabling & Support);
- Creativity in processing of the video;
- Promotion of the values of the ESA.
ARTICLE 6 – METHOD OF SELECTION OF THE WINNERS
People sending an entry complying with the entry criteria (cf. Articles 3 and 4) of the “My Space Dream” Competition are called “Entrants”.
The 20 to 25 of them whose entries are selected by the selection committee set out in Article 6.2, to be presented to the jury (called “ESA Grand Jury”), are called “Finalists”.
The 3 of them selected by the ESA Grand Jury, and the one whose video obtains the highest number of “likes” from the general public, will be called “Winners”.
For the Competition, the Winners will be determined over 4 stages:
6.1. Stage 1: 11 June 2019 at 12pm to 21 June 2019 at 12pm – Submission of entries and “likes” from the general public.
Registrations, submissions of videos and entries are undertaken on the Website mentioned in Article 2.2 from the start of the procedure, in accordance with the terms written in Articles 3 & 4.
The deadline for entries and submission of videos is fixed at 19 June 2019 at 12pm. No entry may be changed after this date, and it will be taken as-is for entry into the Competition.
At the same time, web surfers will be invited to “like” the videos submitted. “Likes” are not subject to any limitation or condition. The “like” will be submitted by clicking on a button provided for this purpose. The “like” functionality will be deactivated at 12pm on 21 June 2019. No video may be “liked” after this date.
6.2. Stage 2: From 22 June to mid-July – Selection of Finalists
A “selection committee” composed of ESA communication officers, working on the basis of the selection criteria, will designate the Finalists whose videos will be submitted for selection by the ESA Grand Jury.
6.3. Stage 3: From mid-July to end July – Selection of the Winners
There will be four awards for the 2019 Winners:
- 3 Grand Jury awards (ranked from 1st to 3rd place), allocated by a jury of ESA officers at the end of a session watching the 20 to 25 videos selected by the “selection committee”.
- At the same time, the 10 entrants whose videos have obtained the greatest number of “likes”, excluding videos selected by the ESA Grand Jury, will be determined joint 4th winners.
The ESA reserves the right to cancel all or some of the votes for one of the projects if it suspects fraud in the online voting procedure or unfair entry. The ESA reserves the right to carry out any verification it deems useful.
6.4. Stage 4: Announcement of the Winners
Each winner will be contacted by the ESA Communication Department by email, at the address entered on the entry form, with a view to awarding the designated prize.
ARTICLE 7 – PRIZES
In July 2019, the ESA Grand Jury will determine the Winners awarded 1st, 2nd and 3rd place in the competition. In case of tie between two entrants, the winner will be chosen by drawing of lots.
At the same time, the entrant whose video has received the highest number of “likes”, excluding videos selected by the ESA Grand Jury, will be determined 4th Winner.
The Winners of the “My Space Dream” competition designated under the conditions described in Articles 4, 5 and 6 will win the following prizes:
“A day in the life of an astronaut”: awarded to the video ranked no. 1 by the ESA Grand Jury – A day’s immersion at the Astronaut Training Centre in Cologne, Germany. Transport and accommodation costs will be covered by the ESA, within the limit of an economy class rail or air ticket, and one night in a maximum 3-star hotel.
“Visit to the ESA European Space Operations Centre”: awarded to the video ranked no. 2 by the ESA Grand Jury – A day’s immersion at the ESA European Space Operations Centre in Darmstadt, Germany. Transport and accommodation costs will be covered by the ESA, within the limit of an economy class rail or air ticket, and one night in a maximum 3-star hotel.
“On the menu: Space Food”: awarded to the video positioned no. 3 by the ESA Grand Jury – Sending of a parcel containing 4 complete space food meals. Shipping costs will be paid by the ESA.
“Public’s Favourite”: awarded to the 10 videos having received the highest number of “likes”, excluding Winners designated by the ESA Grand Jury – Sending of a parcel to each of the 10 entrants having won this prize comprising goodies from the ESA store for a value of around €50. Shipping costs will be paid by the ESA.
ARTICLE 8 – PERSONAL DATA PROTECTION
By entering the “My Space Dream” Competition, entrants authorise the ESA to collect and store their personal data by ticking the corresponding opt-in box on the entry form. Communication of this information is voluntary and it is used exclusively by the ESA.
Everything provided by the entrants upon entering the competition (name, country, video file) is non-confidential, with the exception of the entrant’s email address. The entrant’s email address is confidential and will be treated as such. The ESA implements all technical and human resources necessary to guarantee the security of the data sent. The data collected will not be transferred outside of the European Union under any circumstances. Recipients: The Personal Data collected through the “My Space Dream” Competition will be communicated to the service provider missioned by the ESA to support it by creating the Competition platform.
The information will be stored as follows:
- Only for 6 months for email addresses, duration necessary to undertake processing such as tracking participation in the “My Space Dream” competition, invitations to the prize ceremony, and follow-up with winners.
The ESA, the persons mandated by the ESA, and notably the members of the selection committee and the Grand Jury, undertake to protect the email addresses entered by the candidate.
- 1 year for videos in their complete format, and up to 5 years for extracts of these same videos. These extracts may potentially be reused for promotion of the Competition, notably on the ESA social networks, during this 5-year period.
The ESA is authorised to communicate the following elements to the press, and to publish them on the Websites www.MySpaceDream.com and www.esa.int and on the social networks: name, country and video of the entrants.
In compliance with the ESA Policy on Personal Data Protection, you benefit from a right of access, correction, update and deletion over your personal information. You also hold the right to limit the processing of your data and the right to be forgotten. To invoke these rights, please contact the Data Protection Officer by email at DPO@esa.int.
Requests must be accompanied by a copy of an identity document bearing the signature of the holder, and must specify the address (postal or email) to which the response must be sent. The ESA has a period of one month after receipt of the request to communicate the information requested, or to complete, amend or delete it.
Entrants have the right to file a complaint in compliance with the ESA Policy on Personal Data Protection.
ARTICLE 9 – PERMISSION TO USE PICTURES OF THE ENTRANTS
Each entrant gives the ESA or any person designated by the ESA permission to use the photos and videos sent as part of entry in the “My Space Dream” Competition, free of charge and on all types of media, to promote their entry and/or the “My Space Dream” competition. Each entrant gives the ESA or any person designated by the ESA permission to photograph, film, save and use their image, voice, comments, and their entry video, free of charge, on all types of media at the time of shooting, filming and/or interview undertaken as part of the Prize ceremony and for its promotion. Pictures and interviews thus undertaken will be used exclusively as part of the internal and external communication of the ESA or any company attached to the ESA, for the purposes of training, promotion, or information to the public about its activities. This permission notably concerns the right to represent or have represented, and to reproduce or have reproduced, in whole or in part, the photographs and videos of the entrant, identified as non-confidential in compliance with Article 6, either by the ESA directly or via any third party authorised by the ESA, all over the world, by all technical processes and methods, known or as yet unknown, on all media and in all formats, with a view to their distribution in the commercial and non-commercial sectors, public and private, with a view to collective and/or domestic viewing. This authorisation also grants the ESA or any person it may have designated the right to use, reproduce and distribute the comments made by the entrant, in whole or in part, on all media and under all conditions mentioned above, as part of the internal and external communication of the ESA, or any company attached to the ESA, about the “My Space Dream” competition. This permission to use the image is valid for 5 years from the date of acceptance of these Rules.
ARTICLE 10 – DURATION – MODIFICATIONS
10.1. The Rules apply to every person entering the competition by completing and submitting an entry form.
10.2. The ESA reserves the right to make changes to the Rules and/or the website, at any time, without notice or obligation to reason its decision, and without its liability being engaged on this ground.
10.3. Any change to the Rules will be filed with Maître Rémi CHAVAUDRET, Huissier de Justice Associé, SCP Rémi CHAVAUDRET et Renaud CASTALAN, 33 Gallerie Véro Dodat, 75001 PARIS, France, and will take effect once online. Every entrant will be deemed to have accepted it, simply owing to having entered the competition, from the effective date of the change. Any entrant refusing the change(s) made must withdraw their entry from the competition.
10.4. The ESA reserves the right to suspend the competition automatically and at any time, without notice and without having to justify its decision. In this case, the ESA may not be held liable in any way, and entrants may not claim any compensation of any nature.
10.5. The ESA reserves the right to prosecute anybody having committed fraud or attempted to do so. However, it may not be held liable in any way towards entrants owing to any frauds committed.
10.6. In case of breach by an entrant, the ESA reserves the right to automatically disqualify any entry from the entrant in question, without this entrant being able to claim compensation of any nature.
ARTICLE 11 – RESPONSIBILITIES AND LIMITS
11.1. Access to the Competition website Entry to the “My Space Dream” Competition entails knowledge and acceptance of the characteristics and limitations of the internet, notably with regard to technical performance, response times to view, search or transfer information, the risks of interruption, and more generally the risks inherent to any connection to and transmission on the internet, the absence of protection of certain data against possible theft, and the risk of contamination with viruses circulating on the network. The ESA consequently cannot be held liable under any circumstances, without this list being exhaustive: • for the content of the services viewed on the websites, and generally for all information and/or data disseminated on the services viewed on the websites; • for the sending and/or receiving of any data and/or information on the internet; • for any malfunction of the internet preventing the smooth running/operation of the Competition; • for the failure of any receiving hardware or communication lines; • for the loss of any letter or email, and more generally for the loss of any data; • for routing problems; • for the operation of any software; • for the consequences of any virus, computer bug, fault or technical failure; • for any damage caused to the computer of an entrant; • for any technical, hardware or software failure, of any nature, having prevented or limited the possibility of entering the competition or having damaged the system of an entrant. It is specified that the ESA cannot be held liable for any direct or indirect damage arising out of an interruption, a malfunction of any nature, suspension or termination of the Competition, for any reason, or for any direct or indirect damage that may result in any way from accessing the websites. It is the responsibility of each entrant to take appropriate measures to protect their own data and/or software stored on their computer equipment against any attack. Connection of any person to the website and their entry in the Competition are undertaken under their entire responsibility. 11.2. Scope of the competition The ESA cannot be held liable, generally, in case of force majeure or exceptional circumstances outside of its control. In all cases the ESA reserves the right to change any date and/or time advertised, with effect upon announcement of this decision. Any amendments that may be published during the Competition, by announcement online on the Website, will be considered to be annexes to the Rules and filed with Maître Rémi CHAVAUDRET, Huissier de Justice Associé, SCP Rémi CHAVAUDRET et Renaud CASTALAN, 33 Gallerie Véro Dodat, 75001 PARIS, France. Videos are submitted by the entrants under their full responsibility, and the ESA cannot be held liable for them under any circumstances. 11.3. System of “likes” The ESA cannot be held liable if, owing to force majeure or event outside of its control, the system of “likes” is cancelled, extended, shortened, modified or postponed. Any change will be notified in advance by any appropriate means, and new Rules will be filed with the Court Officer mentioned in Article 16 of the present Rules document. The ESA cannot be held liable for any malfunction of the “internet” network preventing the smooth operation of the system of “likes”, notably due to external acts of maliciousness. Every person connects to the website and participates in the “likes” system under their entire responsibility. The ESA may also not be held liable in the event where one or more people wishing to “like” cannot connect to the website owing to a technical fault or a problem notably linked to network overload. In all cases, if the smooth administrative and/or technical operation of the system of “likes” is disrupted by a virus, computer bug, unauthorised human intervention, or any other cause outside of the control of the ESA, it reserves the right to suspend or interrupt the system of “likes”.
ARTICLE 12 – OBLIGATIONS OF THE ENTRANTS
12.1 Obligations of all entrants:
Generally, every entrant is prohibited, as part of their entry in the Competition, from undertaking acts of any nature, such as the issuance, publication, onlining or distribution of contents, information and/or data of any nature, that may be against the law or infringe public policy, the rights of the ESA, or the rights of third parties.
In particular, and without this list being exhaustive, you undertake to respect the following rules:
- Communicate accurate information upon entry and when using the entry website www.MySpaceDream.com;
- Not use a false identity;
- Post a maximum of 3 videos;
- Comply with the laws in force and the conditions of use of the website;
- Not create, distribute, transmit, communicate or store, in any way and regardless of the recipient, content, information and/or data of a nature that may be defamatory, abusive, denigrating, obscene, pornographic, relating to child pornography, violent or inciting violence, political, racist, xenophobic or discriminatory, and more generally any content, information or data contrary to public policy or good morals;
- Respect the intellectual property rights relating to the contents distributed on the www.MySpaceDream.com websites, notably the videos communicated to the ESA, and the intellectual property rights of third parties; entry is valid as declaration that:
o the Entrant is the author of the video submitted to the Competition and holds the ESA harmless against any remedy of any third party related to a claim of intellectual property rights over it;
o the video submitted to the Competition does not infringe the intellectual property rights of a third party or the image right of a third party, individual rights and respect for privacy, public policy or good morals, or any other third party right;
o the ESA may not be held liable for the breach of any of the abovementioned rights; the ESA reserves the right to conduct any verification to check application of this article.
- Not divert or attempt to divert any of the functionalities of the entry website from its normal use;
- Not distribute content, information or data of any nature that is not truthful;
- Respect the privacy of other users, and more generally not infringe their rights;
- Not use the ESA websites www.MySpaceDream.com and www.esa.int to send unsolicited messages (advertising or other).
You undertake to:
- Authorise the ESA to publicly communicate your name, country and video;
- Authorise the ESA to exploit the images attached to the project, and notably the image of the Entrants;
- If you are selected in the “Top 20-25”: be available to answer additional questions to enable the ESA to best assess the video.
12.2 Obligations of the Finalists:
Every finalist undertakes to:
- Be available so the ESA or one of the partners mandated by the ESA can create communication tools (videos, photos, interviews) about the videos submitted;
- These communication tools may be used for communication about the “My Space Dream” competition.
12.3 Obligations of the Winners:
Every Winner undertakes to:
- Be available so the ESA or one of the partners mandated by the ESA can create communication tools (videos, photos, interviews) about the videos submitted and the prizes won;
- These communication tools may be used for communication about the prizes of the “My Space Dream” competition.
- Be available for up to 3 days during the 12 months following the date of award of the prizes, to promote the prizes of the “My Space Dream” competition internally and externally, on the request of the ESA.
- Communicate to the ESA, on its first request, additional personal information, such as postal address or telephone number, in order to be able to ensure delivery of the prizes.
ARTICLE 13 – AGREEMENT ON EVIDENCE
13.1. It is agreed that, save in the case of obvious error, the ESA may cite, notably for the purposes of evidence of any act, fact or omission, programmes, data, files, records, operations and other elements (such as monitoring reports or other statements) of a computer or electronic nature or in computer or electronic format or media, established, received or kept directly or indirectly by the ESA, notably in its IT systems. These elements will then constitute the evidence used, inter alia, for evidence of preselection of the videos.
13.2. Entrants undertake not to contest the admissibility, validity or evidentiary nature of the aforementioned elements of a computer or electronic nature or in computer or electronic format or media on the grounds of any legal provision and which may specify that certain documents must be written or signed by the parties in order to constitute evidence.
Thus, the elements in question constitute evidence, and if they are produced as evidence by the ESA in any contentious or other procedure, they shall be admissible, valid and enforceable between the parties in the same way, under the same conditions, and with the same evidentiary weight as any document that may be established, received or kept in writing.
ARTICLE 14 – APPLICABLE LAW - DISPUTES
This regulation (including any aspect related to its application and interpretation) is governed by ESA's legal framework, including - without limitation - by the ESA Convention and its policy of protecting personal data available online at URL: http://www.esa.int/About_Us/Law_at_ESA. In case of application of a mandatory national law, this shall apply without prejudice to the application of the ESA Convention and the privileges and immunities thereof.
ARTICLE 15 – INTERPRETATION
Any question or problem that may arise concerning the interpretation of these Rules is expressly subject to the sovereign appreciation of ESA, which may consult the Bailiff as indicated in Article 16, depositary of the Rules. Any unresolved dispute between the Parties is a matter of arbitration, in accordance with the ESA Convention. The Parties will agree on the terms of arbitration having already agreed that only one arbitrator will be appointed and that the place of arbitration will be Paris, France. No claim for Prizes will be received after fifteen (15) days from the announcement of the Winners.
ARTICLE 16 – FILING AND CONSULTATION OF THE RULES
16.1. The full Rules are filed with Maître Rémi CHAVAUDRET, Huissier de Justice Associé, SCP Rémi CHAVAUDRET et Renaud CASTALAN, 33 Gallerie Véro Dodat, 75001 PARIS, France.
16.2. The full Rules may be viewed on the website www.MySpaceDream.com.
16.3. Entry to the competition entails unreserved acceptance of these Rules in their entirety (the “Rules”).