Show Stopping Coffee Table Book Cover
Show Stopping Coffee Table Book Cover
Show Stopping Coffee Table Book Cover
Create a conceptual ‘must pick-up’ book cover concept.
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General Terms, Conditions and Rules

CREATIVE STAKE

FOREWORDS

Creative Stake organizes, operates and promotes crowdsourcing contests for the submission of original creative concepts. The website www.creativestake.com serves as the marketing platform, while the technical platform host is www.Picter.com. A Creative Stake Contest is a purely talent and skill based challenge, in which chance plays no part in determining the winner(s). The Intellectual Property rights of all original creative ideas, remain with the legal owner(s) of all such Intellectual Property.

DEFINITIONS

Within the context of the Agreement, including the forewords above, the terms and expressions identified by an uppercase letter have the indicated signification hereafter, whether employed in the singular or plural form:

"Brief" means all documentation, data, details and information in connection with the Contest provided to the Participant, such as objectives, instructions, guidelines, constraints, assets, timelines, Uploading Period, etc.;

"Contest" means a crowdsourcing challenge organized by and under Creative Stake control, promoted on the Creative Stake Website, the purpose of which is for the Participants to create Submissions against the Details of the Contest, and to submit Submissions complying with the Details of the Contest. A Contest is a skill-based challenge in which chance plays no part in determining the winners; the uploading process of creative submissions will occur on the technical platform provider website www.Picter.com.

"Details of the Contest" otherwise known as the Brief.

"Creative Stake Website" means the Internet website available at the address www.Creativestake.com (or that of an authorized 3rd Party technical platform provider whose purpose it is to host any number of sanctioned Creative Stake  contests) on which a section or a page is dedicated to the Contest information which allows Participants to engage in Contests;

"Intellectual Property Rights" means any and all intellectual property rights such as copyright, neighboring rights and sui generis rights concerning database producers, regardless of the type of work, be it individual work, a collaborative work or a collective work, trademarks, designs, domain names, patents, inventions, trade secrets, know-how and confidential information;

"Participant" means a Contestant who has paid the Participation - Contest entry fee - and received confirmation by Creative Stake that such payment has been received, who has participated in a Contest by submitting at least one Submission and complying with all the Contest Rules and deliverables;

"Personal Data" means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier;

"Prizes" means the sums paid to the Participants selected as winners of a Contest, in accordance with the Contest rules and deliverables;

"Rules" means the terms and conditions of participation in a Contest;

"Participation Fee" means the sum paid by each Participant as an entry fee for each creative Submission for a given Contest;

"Submission" means an entry submitted to a Contest by a Participant, uploaded on the Picter platform and accepted as a valid entry by Creative Stake;

"Third Party Element" means any elements used by a Participant, that the Participant has not created and whose Intellectual Property Rights are owned by a third party, including without limitation stock photography, stock music;

"Uploading Period" means the period defined for each Contest during which Participants can upload Submission onto the Creative Stake Website.

"Picter" means the host website www.Picter.com within which the Creative Stake contests are executed. (Picter maintain its own terms and conditions related to use of the platform including; in-project communications, submission storage and payment processing). 

1 ORGANIZATION OF THE CONTEST

CREATIVE STAKE ("Company") is business unit of Collabor8 Group Pty Ltd having its registered office at 71 Thorn Street Pennant Hills NSW 2120 Australia. Creative Stake operates crowdsourcing "Ideation Contests" where participants submit ideas embodied in a creative format that the Company intends to use as source of inspiration for further Creative Stake marketing initiatives and the promotion of creative participants from time to time. The category of the Contest is available on the page of the Contest on the Creative Stake Website.

The participants are aware that a Contest is organized and conducted by Creative Stake and for the benefit of the Company and the Participants. Conditions of access and participation in the Contest are defined in these Rules.

2 PARTICIPATION IN THE CONTEST

2.1 The Contest consists of making creative works, known as Submissions complying with the guidelines (as defined in article 3 of these Rules) in the Brief and Details of the Contest, available on the Creative Stake website (www.Creativestake.com) and duplicated within the Picter platform,) and uploading Submissions to the Creative Stake Contest page on the Picter platform. Each Submission upload will only be accepted with a corresponding  and validated payment of the Contest Participation Fee. Participation Fees and Submissions will only be accepted via the Picter platform (or www.CreativeStake.com). Submissions transmitted by any other means shall be void.

2.2 Before participation in the Contest:

- Participants must read these Rules carefully and accept these Rules in their entirety, on the Picter platform.

  • Participants undertake to abide by the provisions of these Rules and acknowledge that in case of breach of the Rules, their participation in the Contest and/or the prize granting shall be deemed as void. Participation in the Contest is subject to having first created a user account on the Picter platform being the authorized 3rd Party platform provider whose purpose it is to host any number of sanctioned Creative Stake contests.

2.3 The number of Submissions submitted by each Participant to the Contest may be limited to a maximum number of submissions per any given Contest and will be clearly specified within each particular Contest Brief.

2.4 PARTICIPATING TIME:

Contest timelines including Participation and Submission deadlines, Winner Selection and Prize payments, will be set forth in the Details of the Contest for any given Contest. When specific times or days are noted, they will be based on CET (Central European) time zones.

2.5 MINORS:

Minors wishing to participate in the Contest must present a signed waiver from a parent/legal guardian who will acknowledge that they have read the terms and conditions of these Rules. Creative Stake will require the minors to provide such authorization in the forms and terms prescribed by Creative Stake, at any time prior to supplying the winner(s) with a prize. Creative Stake reserves the right to disqualify any participant for not presenting the signed waiver mentioned above, or in the event of fraud, inaccuracy or incomplete response. In general, the lowest permissible age for entry will be 16 -- unless the subject matter requires by law,  a different age restriction, for example Alcohol based marketing subjects.

2.6 WINNERS:

At the end of a Contest, some of the accepted Submissions as stated in the rules, will be selected by a Jury, as the winner(s). The Jury for a given Contest may be formed by an open to the public vote, Participant vote or any such subset as set forth in the Details of the Contest for any given Contest. Participants must have a valid Picter account to receive Prizes, and must provide full and correct contact details. The Prize(s) will be paid out to the winner(s) through www.Picter.com and/or their payment processing providers (as set forth in the terms of account/membership with Picter). Representatives of Creative Stake will attempt to make contact no less than 3 times over 10 working days to arrange payment. If contact cannot be made in that time, the award will be voided and the creative Submission with the next highest number of votes by the Jury, will be awarded in their place.

2.7 The employees of the Company Creative Stake or its authorized Platform partners, as well as their relatives (parents/grandparents, descendants, spouses) cannot participate in the Contest.

2.8 USE OF THE SUBMISSIONS AFTER CONTEST CONCLUDES:

Participants retain the entirety of their respective legitimate Intellectual Property rights in the Submissions, regardless of whether or not selected as winning Submissions. Participants shall be free to use such Submissions ONLY after the end of the Contest, and subject to the following restrictions: Participants shall not use or display the Submissions in a manner, which is disparaging or detrimental to the Company's interest. If the Company's Materials have been used by Participants and incorporated in their Submissions, participants shall remove all Company's Materials from their Submissions. The participants shall make no reference to the Company or its products and brands when they use their Submissions, unless otherwise authorized to do so, by agreement in writing by the Company.

3 SUBMISSION GUIDELINES

3.1 Notwithstanding, Article 2 above, Participants undertake not to upload a Submission of any kind which:

  • is an infringement of any third party's intellectual property rights, an unfair competition/passing off; 

  • constitutes justification of crimes against humanity or war crimes, justification of other crimes, offences or fines, a denial of the existence of crimes against humanity or known acts of genocide; a violation of human dignity;

  • encourages to commit fines, offences or crimes of any kind whatsoever including terrorist acts;

  • is violent or pornographic, paedophilic or likely to violate a minor's right;

  • is a breach of public order or decency;

  • is defamatory, libelous, or insulting of or to any individual or legal entity;

  • is an invasion of privacy or which breaches privacy or any right of publicity;

  • is racist, xenophobic, a denial or likely to damage anyone's reputation, which provokes discrimination, hatred or violence vis-à-vis an individual or group of individuals on account of their origin, sex, family situation, physical appearance, family name, health, disability, genetic characteristics, morals, actual or assumed sexual tendencies, age, political opinions, union activities, actual or assumed adherence to an ethnic group, nation, race or religion;

  • contains any virus, worm, Trojan horse or any computer file or program that is liable to interrupt, totally or partially destroy or restrict the functions of any computer or IT network that has any (distant or close) relation with Creative Stake's or the Company's activities; and/or

  • otherwise breaches or is contrary to applicable laws and regulations.

3.2 Participants must abide by all the terms and provisions regarding the Submissions and the Contest, including the Brief, and payment of the Stake, as set on Creative Stake Website.

3.3 If transmitting source elements (such as music, text, or images) not created by the Participant and whose rights are owned by third parties ("Third Party Elements") which are incorporated into the Submissions, the Participant does so at their own risk.

3.4 Submissions that do not comply with the criteria defined in these Rules and the respective Contest Brief shall be deemed as void.

3.5 Participants must retain a quality copy of the submitted Submissions, such as H.D. or not compressed, in order to enable the use of the Submissions pursuant to the conditions of use defined in these Rules.

4 SELECTION OF THE WINNING SUBMISSION(S)

4.1 Winning Submission(s) will be judged by the Jury for each specific Contest, as detailed at Article 2.6 above. The Jury, general judgement criteria and rules will be declared in the Details of the Contest or Brief.

4.2 A 'Participant Jury' is open to include all validated Contest Participants, being entitled to vote within the given time frame and as per the declared Contest general judgement criteria

4.3 A 'Public Jury' is open to the general public, being anyone with access to the website and enabled to cast a vote within the prescribed voting timeframe.

4.4 A "Selected Jury" may be appointed by a panel of employees of the Company and/or Creative Stake Participants based on their profession, experience, or expertise in the brief discipline.

4.5 In the case of either 'Participant Jury', 'Public Jury' or a 'Selected Jury', the winning Submission(s) will be based on accruing the most number of votes i.e. the submission with the most votes will win first place, the submission with the second highest votes will be awarded second place and so on, until all announced prizes have been awarded.

4.6 In the case of a 'tie' for a winning position, the Submission with the earliest time stamped upload to the Picter platform, will be awarded the that specific winning position.   

4.7 In the case of a Participant, Public or Selected Jury, the Jury's decisions are final and there is no appeal whatsoever.

4.8 Each Winner will be notified by email from Creative Stake or Picter no later than forty-eight (48) hours / two business days after the Jury decision has been finalized. The winner(s) will be posted on the page of the Contest and the Creative Stake website. Subject to Article 2.6 above, the Company shall be entitled to appoint another winner and to grant the Prize to the next highest ranking Submission or to declare the prize vacant.

4.9 Creative Stake shall be entitled to extend the Uploading Period or declare the Contest as void if either: i.  fewer than twenty (20) Submissions respecting the criteria described in these Rules have been submitted at the end of the Uploading Period. (The requirement for at least twenty (20) Submissions is justified by the need for the judges to have enough works to select winner(s) on a fair and reasonable basis); ii. Force majeure (significant events occur beyond the reasonable control of the Company) iii. Technical issues which prevent uploading or online access for an unacceptably prolonged period.

4.10 Pursuant to clause 4.9, in the event that the Company declares a Contest as void, all monies paid by Participants in the process of submitting a Submission for that specific Contest, will have their monies refunded in full, within seven (7) days of said declaration.

5 JURY'S PRIZES

5.1 The winner(s) whose Submission(s) are designated as the winning Submission(s) will receive the advertised Prize(s) for each respective contest

5.2 The Prize(s) will be paid out by Creative Stake or via their platform partner Picter no later than seven (7) days after the selection of the winner(s) by the Jury. All winners are responsible for the payment of all fees, taxes and other expenses related to accepting and receiving a Contest Prize.

6 USE OF ALL ACCEPTED SUBMISSIONS

6.1 Solely by their participation in the Contest, participants expressly authorize the Company, without further consideration, to reproduce, represent, broadcast, print, publish, communicate and transmit the Submissions, in whole or in part for the following reasonable uses: i) internal communication; ii) analysis and the generation of creative insights; iii) promoting Creative Stake on social media channels and other marketing communication pathway; iv) promoting the Participant(s) and their Submission(s) with potential 3rd Parties including but not limited to commercial clients and business partners. In all such cases, the respective Participant will be credited.

6.2 Subject to the rights granted in articles 6.1, all Participants, regardless of whether their Submission is or is not selected as a winning Submission, retain the entirety of the Intellectual Property rights arising out of the Submissions. As such, the Company shall obtain express authorization from the Participants if it wishes to utilize the Submissions for any purpose not described at article 6.1. The Company shall contact such participants to execute licensing agreements or assignment agreements concerning the Intellectual Property rights in the event that it wishes to exploit the Submissions. The participant agrees at the request of the Company to execute the assignment or licensing of the above-mentioned intellectual property rights for the benefit of the Company. The price will be mutually agreed on a per-case basis.

7 DECLARATION

Participants acknowledge and agree that (1) the Company has constant access to several sources of works, concepts, ideas, innovation and more generally creative materials of any kind whatsoever, that are developed either internally by its own employees or externally by other sources prior to the Contest and afterwards; (2) if their Submission includes an idea or suggestion, the Company, its affiliates or a company or a third party acting on its/their behalf may have previously worked on, may be working on or may in the future work on the same or a similar idea (a 'Similar Idea'); (3) for reasons of confidentiality, the Company shall be under no obligation to give the participant any information relating to any Similar Idea; (4) that the Company shall not be liable for any claims, costs, expenses, losses, damages or demands whatsoever suffered or incurred by the participant relating to their Submission or any Similar Idea; (5) the Company may continue to develop and initiate the development of any Similar Idea or suggestion independently of, and without acknowledging, the participant's idea or suggestion.

8 WARRANTIES

8.1 All participants represent and warrant that their Submission and the use of their Submission by the Company Creative Stake in the terms herein, don't violate applicable laws and will not infringe any third party's rights (including without limitation intellectual property rights, publicity rights, privacy rights, or confidentiality).

8.2 All participants shall indemnify and hold the Company Creative Stake harmless against any disturbance, action, claim, demand, opposition, liability, loss, damage, cost or expense incurred or suffered by the Company Creative Stake in relation to any breach of these Rules by the participants.

8.3 All participants warrant that they have obtained written permission all of the people included or represented in the Submissions, all artists having performed an artistic, musical or dramatic performance reproduced in their Submission, and any third party having created Third Party Elements included in the Submission, in order to use that person's content or contribution in the Submission for the purpose of the Contest and in accordance with these Rules (including the appendix) and allowing the Company Creative Stake to use and exploit the Submissions as envisaged under these Rules without the Company Creative Stake having to pay such people any monies/fees/royalties. The participants irrevocably undertake to provide the Company Creative Stake at any time, at their request, with written proof or a copy of all written documents confirming such authorizations.

8.4 Notwithstanding the foregoing, in the event the participants haven't obtained the necessary authorizations or licenses to use the Third Party Elements upon their participation, the participants must inform the Company Creative Stake and must clearly indicate such Third Party Element in their Submission on the Creative Stake Website. 

9 INTEGRITY OF THE CONTEST

Creative Stake reserves the right to cancel, shorten and/or suspend the Contest, in its sole discretion, if any fraud, including technical fraud, impairs the integrity of the Contest. In this case, Creative Stake specifically reserves the right to not attribute prizes to fraudulent entries and/or to pursue the authors and conspirators thereof before the court having jurisdiction thereover. 

10 AUTHORIZATION

Winning participants authorize Creative Stake to use and reproduce their name, surname and /or alias and/or avatar and prize information in connection with the Contest, for promotional, advertising and press relation purposes, including on the Creative Stake Website without further payment, on a worldwide basis and for a period of ten (10) years after the end of the Contest.

11 EVIDENTIARY VALUE

These Rules set forth the rights and obligations of the participants and are legally binding. Therefore, participants expressly show their agreement to the Rules by choosing to download the Contest Brief from the Contest website and submitting a Submission in accordance with the Details of the Contest. The agreement is legally binding as soon as the participant makes such Submission. The parties agree that they may exchange by e-mail or such other written form as agreed to from time to time, the information they require to perform the agreement. Any e-mails exchanged between the parties shall be deemed to have the same evidentiary value as a written hard copy document.

These Rules may be modified at any time by an amendment by the Company Creative Stake and notified by publishing such on-line on the Creative Stake Website.

12 DISCLAIMERS AND LIMITATIONS OF LIABILITY

12.1 THE COMPANY CREATIVE STAKE SHALL NOT BE HELD LIABLE AND FORMALLY RENOUNCE ANY LIABILITY IN THE EVENT OF (I) INTERNET CONNECTIVITY PROBLEMS, INTERNET CONGESTION, ANY ISSUE OR PROBLEM ARISING FROM THE QUALITY OF ANY USER EQUIPMENT, LOSS OR LACK OF CONNECTION TO INTERNET WHICH COULD HAVE AN EFFECT ON THE TIME TAKEN TO TRANSFER THE SUBMISSIONS OR THE TOTAL AMOUNT OF TIME REQUIRED TO PARTICIPATE; (II) LOSS OR DAMAGE RELATED TO THE LOSS OF SUBMISSIONS OR OTHER DATA SENT TO THE CREATIVE STAKE WEBSITE; TO THAT END, EACH PARTICIPANT SHALL BE RESPONSIBLE FOR THE CONSERVATION AND SAFEGUARDING OF A COPY OF ANY SUBMISSION THAT SUCH PARTICIPANT SUBMITS WITH REGARD TO THE CONTEST; (III) CONTAMINATION BY ANY POTENTIAL VIRUS OR INTRUSION BY A THIRD PARTY IN A PARTICIPANT'S MODEM OR OTHER EQUIPMENT; (IV) LOSS OR DAMAGE ARISING OUT OF ANY PARTICIPANT'S CONNECTION (OR FAILED CONNECTION) TO THE CREATIVE STAKE WEBSITE; OR (V) ANY INDIRECT OR DIRECT LOSS OR DAMAGE SUFFERED BY PARTICIPANTS THROUGH THE CONCEPTUALIZATION AND/OR PRODUCTION OF ANY SUBMISSION AND ANY ITEMS SUCH AS INTER ALIA COMPUTERS, RECORDING DEVICES OR PHOTOGRAPHIC DEVICES USED BY THE PARTICIPANTS IN ORDER TO PARTICIPATE IN THE CONTEST.

12.2 THE COMPANY  CREATIVE STAKE SHALL NOT BE HELD LIABLE FOR ANY INSTANCE OF NON-COMPLIANCE OF THE RULES BY THE PARTICIPANTS AND FOR ANY RELATED LOSS OR DAMAGE FOR THEMSELVES OR FOR ANY THIRD PARTIES. EACH PARTICIPANT HEREBY ACCEPTS AND UNDERTAKES TO BE PERSONALLY LIABLE FOR ANY DAMAGES OR LOSSES BROUGHT ABOUT OR ENDURED BY THE PARTICIPANT WHEN PARTICIPATING IN THE CONTEST OR DUE TO HIS/HER RECEIVING THE PRIZE OR THE USE THEREOF.

12.3 THE LIMITATIONS OF CREATIVE STAKE'S LIABILITY UNDER THIS CLAUSE DO NOT APPLY IN CASE OF BODILY HARM OR DEATH CAUSED BY A NEGLIGENT ACT OR OMISSION OF CREATIVE STAKE OR THE COMPANY, OR INTENTIONAL BREACH OF CREATIVE STAKE'S CONTRACTUAL OBLIGATIONS, OR IN CASE OF ANY OTHER HARM CAUSED BY INTENTIONAL OR GROSSLY NEGLIGENT BREACH OF CREATIVE STAKE'S CONTRACTUAL OBLIGATIONS, EITHER BY CREATIVE STAKE ITSELF OR BY CREATIVE STAKE, THE COMPANY OR THEIR RESPECTIVE AGENTS.

13 APPLICABLE LAW AND JURISDICTION

Unless otherwise provided for under applicable laws or regulations of a public policy nature, these rules are subject to laws of the Commonwealth of Australia and/or the State of New South Wales and any litigation or dispute arising hereunder shall be brought before the courts having jurisdiction over such matters in Sydney.

14  PROTECTION OF PERSONAL DATA

14.1 Creative Stake warrants that it will comply with all applicable data protection laws and regulations, and the General Data Protection Regulation.

14.2 During the course of any Contest, Creative Stake shall be provided with and have access to Personal Data for which Creative Stake determines the purposes and the means of processing. In such a context, the parties agree that Creative Stake shall be the data controller (as defined in the General Data Protection Regulation of such Personal Data. To that end, Creative Stake shall:

  • obtain Personal Data fairly and lawfully by providing the data subjects with all the necessary information, in accordance with applicable laws and regulations;

  • obtain Personal Data for the purposes explicitly specified at the time of collection by Creative Stake and ensure that Personal Data are used accordingly;

  • ensure that the data subjects are informed of their rights, including the right of access, rectification or erasure;

  • ensure that requests from data subjects to exercise their rights are addressed by Creative Stake in a timely manner;

  • only use processors providing sufficient guarantees to implement appropriate technical and organizational measures in such a manner that processing will meet the requirements of the Personal Data laws and regulation and ensure the protection of the rights of the data subjects.

Any questions?

Please feel free to contact us.

community@creativestake.com

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