Règlement
Voulez-vous rejoindre cet appel à créations ?
Official rules for participating in the "SEND AMERICANS TO MEXICO!" contest
1. ORGANIZATION OF THE CONTEST
EYEKA a limited company registered under French law, with share capital of 407.130€, registered under number 488 120 916 RCS Paris, having its headquarters at 34 boulevard des Italiens, 75009 Paris, France is organizing a contributive call for entries, hereafter referred to as the "Contest".
EYEKA is hereafter referred to as "the Company" or " Eyeka ".
Eyeka provides services to its clients for whom it organizes calls for entries. The participants are aware that the Contest is organized, sponsored and conducted solely by Eyeka and that as a condition of entry, any of Eyeka’s third party clients, partners and affiliates (“Client”) shall have unrestricted and worldwide rights to use a participant’s submissions and that the content of all winning submissions shall be assigned to an Eyeka’s Client, as set forth hereinafter.
Conditions of access and participation in the Contest are defined in these rules ("Rules").
2. PARTICIPATION IN THE CONTEST
2.1
The Contest consists of making works whose characteristics are detailed hereafter (hereafter designated as "Submissions") complying with the guidelines defined in article 3 of these Rules and uploading these Submissions onto the Eyeka Website (www.eyeka.com).
Accepted Submissions in the Contest are: videos, animated movies, movie editing (hereafter referred to as the "Videos");
At the end of the Contest, some of these Submissions will be selected as final winners.
The number of Submissions submitted by each participant to the Contest is not limited.
2.2
Participating time in the Contest is set forth as follows:
Uploading time on the Eyeka Website is from November 8, 2011 at 18.00 UTC through December 19 at 23.59 UTC.
Accepted Submissions are eligible for the Jury's Prize under the conditions set forth hereafter.
2.3 Minors' participation
Minors wishing to participate must present a signed waiver from a parent/legal guardian who will acknowledge that they have read the terms and conditions of these Rules including the schedules hereto. The Company will require the participant to provide such authorization, at any time prior to supplying the winner(s) with the prize. This waiver must be labeled as such and must contain a copy of both sides, front and back, of the national identity card or passport of the minor and his/her legal representative:
"I undersigned Mr/Mrs. xxx, parent) or guardian) of (child's name), hereby represent that I have read and accepted the rules of “SEND AMERICANS TO MEXICO!” Contest displayed on the Eyeka Website and that I authorize (child's name) to participate in this Contest.
Place and date of signature.
Signature"
The Company reserves the right to carry out any and all verifications and background checks regarding identity and/or parental authority before allowing such minor to participate or receive any prize. The Company also 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.
Furthermore, should a winner of the Selection of the Jury defined hereafter in article 4.1 be a minor, the minor and his parent or guardian will be required to sign the assignment agreement mentioned hereafter in article 6.1 in order for the latter to be provided with the prize.
2.4
Participation in the Contest is subject to having first created a user account on the Eyeka Website. In addition to the details required to create a user account (user name, email address, last name and first name) participants must fill in their personal account with all information enabling the Company to promptly notify the winners (phone number and postal address).
The Eyeka Website is the only way of submitting Submissions to the Contest. Submissions transmitted by any other mean shall be void.
Prize funds will be paid out to winners through Paypal. Thus, participants must have a valid Paypal account to participate in the Contest.
The participants expressly agree that in the event that they terminate their use of the Eyeka Website (i.e. by closing their user account) the contracts concluded when participating in the Contest and when accepting the Rules will continue to be in force and will not be called into question.
2.5
The employees of the Company, as well as their relatives (parents/grandparents, descendants, spouses) cannot participate in the Contest.
2.6
Before participation in the Contest:
- Participants must read these Rules carefully and accept these Rules in their entirety.
- 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.
2.7
Submissions that do not comply with the criteria defined in these Rules shall be deemed as void.
3. SUBMISSION GUIDELINES
Without prejudice to the formats of Submissions defined in article 2.1 above, Submission guidelines as prescribed are defined hereafter:
3.1 Submissions must comply with the guidelines stated in the brief available on the Eyeka Website:
« CONTEXT
Mexico is not all about gangsters and drugs. It is a great country with a super friendly population, an endless array of things to do and many places of interest. Sadly the US media coverage of the country has led some North Americans to view it as an unsafe, crime-ridden quasi war zone where children get kidnapped every day and drugs cartels rule the law.
We believe some Americans should reshape their mind about their southern neighbors Mexico, a country that has so much to offer and is well worth visiting!
BRIEF
Unleash your creativity to create a humorous, intelligent viral video that will make the American people discover that Mexico is not at all what they have been told... and make them want to book a trip there.
It’s normal that these people think this, because some of the American press tell them frightening information…
“But, did you know for instance that the crime index of 14 murders per 1000,000 inhabitants in the entire country of Mexico isn’t much different from a city like New York or Houston with respective indexes of 16 and 14, respectively? More than 95 percent of Mexico’s municipalities are at least as safe as the average US traveler’s hometown.”
Show us that Mexico is safer and much more fun that some alarmist newspaper headlines would make them believe.
Help up convince the reluctant tourists that they should believe the reality rather than the hype!
GUIDELINES
• Your video must be in English.
• Your video, if it’s good and selected, will be amplified on the Internet and on social media… so it needs to have some kind of irony or humour in your creation because we believe it’s a nice way to reach people!
• Your video must have a viral potential, this goes with two ingredients: an appealing title that will make people want to click and an attractive thumbnail. (once your video is accepted into the contest, please choose your best thumbnail on "My eYeka/Manage my media/Edit thumbnail)
• Keep in mind these videos are intended for the US, please take into account their sensibility.
• Don’t hesitate to put some of the data in your video to make your speech credible.
• To make your video, we allow you to access the music catalog of Jamendo Pro: click HERE to access the Jamendo library music which is only available for this call for entries. You will have to sign in with this password: mexico
• All the music available to you is free of right so you can use it in your movies.
Caution! Do not forget to indicate the following in the description of your media on eYeka:
• Music by [artist name]
• Track [song title]
• Track ID [unique identifier of the song]
• Powered by Jamendo PRO
• Please use images and music that are free of rights.
• Keep a high-quality version of your creation to be used if you are selected as a winner.
FORMAT:
A video or animation from 30 to 45 seconds.
WINNING CRITERIA:
We will select entries that would convince in a humorous and entertaining way that Mexico is a safe place to visit and not the war zone US thinks it is.»*
*Excerpt from the brief available on the page of the Contest on the Eyeka Website.
3.2
Technical guidelines
Accepted formats are: *.mov;*.avi;*.mpg;*.mpeg; *.flv;*.wmv;*.3gp;*.mp4;*.vob;*.avs;*.mts;*.m2ts
Size: 640x480 minimum, 25 images per second
Encoding: MPEG 4, H/264, XVID, Quicktime.
Video: 400 kb/s minimum
Audio encoding: MP3
Audio: 64 kb/s minimum
3.3
Participants undertake not to upload Submission, of any kind or any nature:
- which is an infringement of an intellectual property right, an unfair competition/passing off;
- which constitutes justification of crimes against humanity or war crimes, Nazism, 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;
- which encourages to commit fines, offences or crimes of any kind whatsoever including terrorist acts;
- which is violent or pornographic, pedophilic or likely to violate a minor's right;
- which is a breach of public order or decency;
- which is defamatory, libelous, or insulting of or to any individual or legal entity;
- which 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;
- which is an invasion of privacy or which breaches privacy or any right of publicity;
- which 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 the Company’s activities;
- which threatens a person or people ;
- which breaches confidentiality of private correspondence;
- which allows a third party to acquire, directly or indirectly, pirated software, software that allows acts of piracy and intrusion into computer systems and telecommunications, viruses and other logic bombs and generally any software or other tool which allows to infringe the rights of others and to endanger the safety of persons and property; and/or
- which breaches or is contrary to applicable laws and regulations,
(hereafter referred to as "Prohibited Content").
Participants must abide by all the terms and provisions regarding the Submissions and the Contest available on Eyeka's Website.
When transmitting source elements (music, text, images) integrated into the Submissions, the participants must specify the source of these elements in the description for their Submissions. Submissions must only be illustrated with elements free of any third party rights for which the use is compatible with the conditions, including terms of use, described in these Rules.
Eyeka reserves the right to disqualify and/or delete any Submission found to infringe these Rules.
3.4
In the event that intellectual property protected elements, including, trademarks, logos, tradenames, slogans, ("Trademarks") are made available by the Client and/or Eyeka to participants in order to participate in the Contest, the participants are granted a royalty-free, non-exclusive license to use such intellectual property for the sole purpose of creating Submissions for the Contest. The contestants each shall not use or display any Trademarks in a manner, which is disparaging or detrimental to its interest. The contestants acknowledge that the Trademarks shall be used strictly in the manner that they are provided and no modification is permitted except for reasonable trimming and cropping them to fit the Submissions. The contestants acknowledge and agree that the right to use the Trademarks shall be limited to the creation of the Submissions for the purpose of participating in the Contest on the Eyeka Website. Unless expressly provided, nothing herein shall be deemed to confer on any contestant any right to use any Trademarks in any other form, manner or for any other purposes including reproduction or communication of such Submissions.
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.
3.6
The Company may request that the author of a Submission designated as winner makes modifications to the Submission should it become necessary for any use of the Submission provided under these Rules. However, only modifications to the Submission considered non-material may be requested. The Company reserves the right to refrain from designating a winner, prize and/or making a payment until the requested modifications have been made. In the case of refusal by the Submission author, another winner will be designated.
4. SELECTION OF THE WINNERS
4.1 Number of eligible Submissions
Jury's Prize:
3 [Three] winning entries will be selected by a panel of employees of the Company and/or of the Client (hereafter referred to as the "Jury") with the technical and artistic skills to select the winners in accordance to the guidelines defined in these Rules.
Submissions designated as winners of the First Prize to the Third Prize of the Jury's Prizes are designated hereinafter as “Selection of the Jury“. The winners whose Submissions are selected as Selection of the Jury undertake to assign their rights in these Submissions to the Company under the conditions set forth in article 6.1.
4.3
Winning Submissions will be selected by the Jury on the basis of aestheticism, originality, composition, framing, consistency with the guidelines of the Contest. The Contest is a talent and skill based contest. Chance plays no part in determining the winners.
4.4
One winner may be selected as winner of one single prize up to all prizes.
4.5
Winners will be notified by the Company no later than February 19, 2012 by email, to the email address provided during registration on the Eyeka Website. The list of winners will be posted on Eyeka's blog available at: http://blogen.eyeka.com.
Should a winner not reply to the aforementioned email February 25, 2012 23:59 at the latest, the Company shall be entitled to appoint another winner and to grant the prize to this other winner or to declare the prize vacant.
4.6
The Company shall be entitled to consider the Contest as void if 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 basis.
5. PRIZES
5.1
Prizes awarded to Selection of the Jury
5.1.1
Assignment of intellectual property rights
In consideration for granting the property rights under article 6.1 of the Rules, the winners designated as Selection of the Jury will receive the following prizes:
First Prize:
A global, one time and definitive lump sum of a net amount equal to 5 000 €
Second Prize:
A global, one time and definitive lump sum of a net amount equal to 1 500 €
Third Prize:
A global, one time and definitive lump sum of a net amount equal to 1 000 €
5.1.2
The participants acknowledge that the aforementioned amounts are the total amounts payable for the assignment of the intellectual property rights under article 6.1 and as prizes as awarded to Contest winners based on the criteria under article 3.
The participants for whom the Submission(s) is/are designated winner(s) of the Selection of the Jury acknowledge that the aforementioned payment constitutes payment for the assignment of intellectual property rights attached to said Submissions. As such, the winners accept all national insurance and tax consequences connected to copyright products including any obligation to declare such payment to the participant’s tax authorities and to pay any applicable tax.
The indicated amounts are net of any contributions due pursuant to any mandatory withholding of tax or any social security charge at applicable rates [-such as in France AGESSA, CSG and CRDS-], where and to the extent applicable. The winners for whom the Submission(s) are designated as Selection of the Jury winners acknowledge that the Company will take care of any administrative formalities and necessary social security and tax declarations related to the payment of the sale price for the aforementioned rights.
5.2
The aforementioned amounts will be paid out by the Company to the Paypal account of the winners and via the Eyeka account used to upload the Submissions no later than March 30 2012 and under the condition that, for the winners of the Selection of the Jury, the proxy and its appendix mentioned in article 6.1 has been returned to Eyeka initialed and signed by the author. The winners are responsible for the payment of all fees, taxes and other expenses related to the prizes.
6. USE OF THE SUBMISSIONS SELECTED AS SELECTION OF THE JURY
6.1
y participating in the Contest, participants authorize the Company and the Client to use his or her Submission(s) under the conditions set forth in article 7 hereafter. Moreover, winners whose Submissions are selected as Selection of the Jury undertake to assign to the Client all right, title, and interest in these Submissions in order to enable their use by the Client. To that end, these participants agree to execute any and all documents Client shall deem necessary or convenient to fully implement its proprietary rights in said Submissions and to fully cooperate in the prosecution of such proprietary rights, but at no expense to participants. Client will have the above-mentioned documents drafted, prosecuted and maintained at its own expense. A proxy will be sent by email to the winners of Selection of the Jury no later than February 19, 2012 and will be signed by each one of these winners. By signing this proxy these winners grant to Eyeka all the necessary power and authority to act on their name and on their behalf to execute the assignment in the Work to the exclusive benefice of the Client. This assignment agreement shall replace the authorization of use stipulated in article 7 hereafter. The rights granted by the winners of the Selection of the Jury will be assigned for the duration of protection of the assigned rights as established in the assignment agreement.
6.2
The Company undertakes to act within the scope of the rights granted by this proxy.
6.3
Those participants designated as Selection of the Jury shall authorize the Client to produce and market objects, works, products and services premised upon the ideas, themes and/or concepts developed in those Submissions that were elected winners or which arise there from even if these ideas, themes and/or concepts were the subject of an investment or result from the maker’s specific know-how. The participants hereby grant the Client the rights mentioned above pursuant to the assignment agreement and prizes associated therewith which sets forth, among other things, the rights mentioned above in its general terms and conditions.
6.4
A template of the proxy is attached to these Rules for information purposes.
6.5
It should be noted that the provision of the lump sum under article 5.1.1 is subject to (a) the winner of Selection of the Jury first sending the Company a signed and initialed original copy of the here before mentioned proxy agreement and its appendix and (b) the winner first returning to the Company the Submission master in the format and fixing medium as indicated the Company.
6.6
If a winner fails to return initialed and signed agreement and the above mentioned master timely or is found not to be eligible or not in compliance with the warranties or conditions contained in these Rules (including their appendix), this may result in disqualification and an alternate winner may be selected at the Company's own discretion.
6.7
Solely by their participation in the Contest and as Submissions are uploaded, the participants expressly authorize the Company and the Client, without further consideration, to transmit the Submissions, in whole or in part, over the internet and to make them available to the public. This authorization takes effect upon acceptance of these Rules by participants and is granted on a non exclusive and worldwide basis for five (5) years from the end of the Contest.
6.8
This authorization applies to the Submissions accepted into the Contest, and not refused, and all their elements such as pictures, sequences, soundtracks, dialogues, subtitles, credits, characters, illustrations and title. Participants authorize the Company and the Client to reproduce, communicate, broadcast and make the Submissions available to the public over the internet only, in order to present and promote the Contest, to present the Submissions submitted to the Contest, as well as for internal and external communications, public relations, and corporate communications. This authorization includes the right to associate the Submissions with the Company's and the Client's activities, products and services.
6.9
Moreover, participants authorize the Client, its partners and clients to produce and market objects, products and services premised upon the ideas, themes and/or concepts developed in those Submissions or which arise there from even if these ideas, themes and/or concepts were the subject of an investment or result from the maker’s specific know-how. To that end, participants authorize and agree not to oppose any re-use of the ideas, themes or concepts contained in their Submissions by the Client, its partners and clients, for research and development purposes in order to elaborate, manufacture, distribute, market and sell any objects, products or services and, more generally, for any use whatsoever in the general course of business. This authorization is granted for no valuable consideration and with no time nor territorial limitation.
6.10
Subject to the rights granted in articles 7.1 to 7.3, the participants retain the entirety of the intellectual property rights arising out of the Submissions. As such, the Company shall contact the participants in order to execute licensing agreements or assignment agreements concerning the intellectual property rights in the event that it or the Client wishes to exploit the Submissions, for example, in order to exploit certain components comprising the form of the Submission, which due to their composition or originality, may be protected by an intellectual property right such as (assuming that in each particular case, the criteria to be protected by intellectual property rights has been fulfilled) logos, characters, texts, designs, plans, drawings, images, photographs, shapes, format, materialization, or visual organization of the Submissions. The participant agrees, if it becomes necessary, to negotiate, in good faith, the terms and conditions of the assignment or licensing of the above-mentioned intellectual property rights for the benefit of the Company or the Client if the Company notifies the participant of its interest in such an assignment or license.
6.11
The Company shall have no obligation to use the Submissions in spite of the provisions of this article 7.
6.12
The terms of this article 7 apply without prejudice to those of the preceding article 6.
7. DECLARATION
Participants acknowledge and agree that (1) the Client 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 Client, 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 Client shall be under no obligation to give the participant any information relating to any Similar Idea; (4) that the Client 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 Client 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 AND INDEMNITIES
The following warranties and indemnities shall be applicable without prejudice to those warranties enumerated in at article 3.4 above regarding Prohibited Content:
- All participants shall indemnify and hold the Company harmless against any disturbance, action, claim or opposition by a third party that the Submission infringes their rights, and against any damage or liability incurred in the exercise of rights attached to the Submission.
- Participants who assign to the Company the rights in their Submission pursuant to these Rules warrant that the Company shall quietly enjoy and exercise all of the rights attached to these Submissions.
- All participants represent and warrant that they have not inserted elements (music, photographs, trademarks, etc.) in the Submissions likely to constitute infringement of a third party’s rights.
- Accordingly, all participants shall indemnify and hold the Company harmless against any disturbance, legal action, complaint, opposition or claim instigated by a third party claiming that one of the Submissions breaches his/her/its rights, as well as against any loss or liability incurred in connection with the exercise of the rights attached to the Submissions.
- All participants warrant that they have obtained written permission of all the people represented in the Submissions and/or artists having performed an artistic or dramatic performance reproduced in the Submission, and/or from any person having supplied/created any other content present in the Submissions, or of their contractual or legal representatives, in order to use their image and/or other available content, allowing the participants to make commitments under these Rules (including the appendix). The participants irrevocably undertake to provide the Company at any time, at its request, with written proof or a copy of all written documents confirming such authorizations.
- All participants warrant that they are the sole proprietor of the intellectual property rights granted to the Company. In the event the participants are not the sole proprietor of the aforementioned rights, they irrevocably warrant to the Company that, before making the Submissions available, they have obtained all of the authorizations and rights required for the authorizations and assignments stipulated in these Rules, in writing from all proprietors of intellectual property rights in the Submissions or from the copyright collecting societies representing such proprietors allowing the participants to make commitments under these Rules. In this respect, the participants irrevocably undertake to provide the Company at any time, at its request, with written proof or a copy of all written documents confirming such authorizations.
9. INTEGRITY OF THE CONTEST
Participation in the Contest shall be limited to a single Eyeka personal account for each participant (natural person or legal entity). The creation of multiple user accounts on Eyeka’s website by one individual, participating with several e-mail addresses or through the use of a third party’s e-mail is strictly prohibited.
Eyeka 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, the Company 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 the Company to use and reproduce their name, surname and prize information in connection with the Contest, for promotional, advertising and press relation purposes, including on the Eyeka 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 between the participant and the Company. Therefore, participants expressly show their agreement to the Rules by ticking the designated acceptance box. The agreement is legally binding as soon as the participant ticks the acceptance box. The parties agree that they may exchange by e-mail 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 and notified by publishing such on-line on the Eyeka Website.
12. INTELLECTUAL PROPERTY
Participation in the Contest does not constitute a right to use or acquire ownership or rights upon the Company's intellectual property rights such as works, trademarks, logos, inventions.
13. PRIVACY POLICY
Pursuant to French Data Protection Act no. 78-17 of 6 January 1978 (loi relative à l’informatique, aux fichiers et aux libertés), modified by Act no. 2004-801 of 6 August 2004, participants have a right to access, amend, rectify and delete his/her personal details. The controller of this personal data is Eyeka.
Participants may request action by posting a mail to EYEKA SA, at 34 boulevard des Italiens, 75009 Paris, France, with mention of the name of the Contest.
14. ASSIGNMENT
The Company may assign all or part of their rights and/or obligations arising under this agreement to any third party they shall so designate without having to again obtain the consent of the participant on a case-by-case basis.
15. DISCLAIMERS AND LIMITATIONS OF LIABILITY
It should be noted that the security parameters of any exchanges are ultimately governed by the nature and limitations of the network being used. The Company shall not be held liable for any loss or damage arising out of the risks inherent to any internet connection and/or any transfer of information via the internet.
In this regard, the Company 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 Eyeka 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; the Company formally disclaims any liability arising out of any participant connection to the web via Eyeka’s website; and/or (iv) 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.
Generally, the Company shall not be held liable for any instance of non-compliance of the provisions governing participant conduct set forth in these Rules or for any related loss of damage for themselves or for third parties.
By participating in this Contest, each participant hereby accepts and undertakes to be personally liable for any damages or losses brought about or endured by the participant due to the fact that such participant took part in the Contest or due to his/her receiving the prize or the use thereof.
Each participant hereby agrees to hold the Company, its affiliates, parents, directors, employees and other agents or partners harmless against any damages or losses and shall indemnify them from any loss or damage that the latter may suffer due to the participation in the Contest for any cause other than their own fault except as otherwise provided by any law or regulation of a public policy nature. Except in the case of its own evidenced fault, the Company refuses any liability for any issues or accidents that may arise during the production of any Submission.
In the event of force majeure, the Company reserves the right to modify, shorten, prolong, postpone and/or cancel the Contest prior to the end of the participation period originally indicated. In this case, the Company shall notify the participants as soon as practicable on the Eyeka Website or blog.
To the extent permitted by law, the Company shall not be held liable for any issue, complaint, opposition, claim, or damage (i) related to the use of the Submission by the Client, (ii) related to any breach of these Rules by the Client, or (iii) related to the negotiation, completion or execution of any contract, regardless of its nature, that the Client may enter into with the participants without the Company being a party thereto.
The limitations of the Company’s liability under this clause 15 do not apply in case of bodily harm or death caused by a negligent or intentional breach of the Company’s contractual obligations, or in case of any other harm caused by intentional or grossly negligent breach of the Company’s contractual obligations, either by the Company itself or by the Company’s legal representatives or vicarious agents.
16. APPLICABLE LAW AND JURISDICTION
These rules are subject to laws of France.
Unless otherwise provided for under applicable laws or regulations of a public policy nature, any litigation or dispute arising hereunder shall be brought before the court having jurisdiction over such matters in Paris.
17. FILING OF THE RULES
These Rules have been filed, in French, with SCP Jean-Daniel LACHKAR, Franck GOUGUET, Sylvain THOMAZON, Fabrine BICHE Esq., a court bailiffs (“huissiers de justice”), 156 rue Montmartre - 75002 Paris, France.
These rules are available on the Eyeka Website.
These Rules have been drawn up in English and in French; both versions shall have equal validity and legal effect. Should there be a difference between either of them, the French version shall prevail.
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Appendix:
One (1) copy must be filled in, initialed on each page, signed by the Creator and sent to Eyeka / Contest “SEND AMERICANS TO MEXICO!”
: 46bis rue Notre dame des Victoires – 75002 Paris, France
Proxy
Name:
Date of birth/date of creation:
Occupation/purpose:
Address:
ID or passport number:
VAT number where applicable:
Eyeka Log in:
Hereinafter referred to as "the Creator", acting as winner of the contest “SEND AMERICANS TO MEXICO!” organized on the Eyeka Website, ("the Contest"),
Submitted the work whose title is:
Eyeka identification number:
Hereinafter referred to as the "the Work",
The Creator acknowledges that the purpose of the Contest was to submit entries complying with the guidelines established by Eyeka so that one of Eyeka's clients can select winning entries in order to use these entries in the conditions defined in the rules of the Contest.
To that end, the Creator grants to EYEKA a limited liability company registered under French law, with share capital of 407.130€, registered under number 488 120 916 RCS Paris, having its headquarters at 34 boulevard des Italiens, 75009 Paris, France the necessary power and authority to act on his/her name and on his/her behalf to execute the assignment of his/her rights in the Work on an exclusive basis to the client having initiated the Contest ("the Client") in the conditions set forth hereafter.
1. PURPOSE
The Creator holds the entirety of the property rights in the Work because he/she is the original owner or he/she validly acquired all the rights from a third party.
The Work was selected as winner of one of the prizes awarded in the Contest.
The purpose of the assignment of rights agreement is to set forth the conditions under which the Creator shall assign to the Client on an exclusive basis his/her rights in the Work allowing the Client to use the Work in the conditions set forth hereafter.
2. ASSIGNMENT OF RIGHTS
2.1 Scope of the assignment
The Creator hereby assigns on an exclusive basis to the Client his/her rights (industrial property rights, literary and artistic property rights) in the Work and all its elements (such as pictures, sequences, screenshots, photographs from the Work, dialogues, subtitles, credits, characters, illustrations, title), for the term stipulated hereafter, with no limitation regarding publishing, communicating, recommunicating or use. The Client may assign all or part of its intellectual property rights herein through assignment, license or any other legal means to any third party.
The Creator hereby expressly authorizes the Client to use all those components comprising the Work, including those which were not created by the Creator. To that end, the Creator hereby undertakes to provide a detailed list containing all the components by completing the attached appendix.
2.2 Literary and artistic property rights
Literary and artistic property rights for the purposes of this article shall mean the exclusive rights set forth in the first part of the French Intellectual property code (articles L. 111-1 to L. 335-10), including neighboring rights and sui generis rights concerning database producers, as it pertains to the use methods here-below and regardless of the type of work, be it individual work, a collaborative work or a collective work:
(i) The exclusive right to reproduce, tangibly fix, duplicate, print, record all or part of the Work either temporarily or permanently on any type of medium and in any format, either associated with other works or not of any nature whatsoever, either identical or different including musical works either integrated or not in such other works (such as compilations), this right to reproduce includes the right to permanently or temporarily reproduce the Work, either in whole or in part, by any process or method, in any form such as downloading, digital display, execution, transfer or archiving on any medium, currently known or otherwise such as digital, fiber optical, magnetic and analog, on paper or similar medium using any and all aspect ratios on any site;
(ii) The exclusive right to create any version, in French or another language and in any computer language, of either all of part of the Work and the themes, concepts and ideas contained therein, more generally, the right to translate, arrange, modify, adapt, transform, adjust, compress, modify the format and/or resolution, addition of sub-titles, dubbing, remixing, add captions, add a musical score to the Work, addition of a single image or a series of animated images, to create any derivate works or composite work that incorporates the Work or takes from the Work either in part or in its entirety and in any form be it written, oral, digital, telematic etc.with the purpose of using such;
(iii) The exclusive right to publish, broadcast, edit, release, re-release, license or assign the right to use such, to rent, loan, by any means, reproductions of all or part of the Work, in its original form or in a subsequent embodiment as defined above, either for a fee or free of charge;
(iv) The exclusive right to represent, broadcast and exploit all or part of the Work in its original form or in a subsequent embodiment as defined above, whether or not associated with other works regardless of their nature whether identical or different including musical works, whether in its original form, or dubbed or subtitled, by any means whatsoever including TV-broadcast, public communication via cable or wireless, by public projection, transmission in a public place of the TV-broadcast or other communication to the public, by way of public presentation by any means whatsoever using any aspect ratio.
2.3 Ideas, themes and concepts
In addition to the aforementioned assignment of intellectual property rights, the Creator expressly authorizes the Client to create, produce and market original works, objects, products and services premised upon the ideas, themes and/or concepts developed in the Work or which arise there from even if these ideas, themes and/or concepts were the subject of an investment or result from the maker’s specific know-how.
2.4 Uses of the Work
The assignment mentioned above as agreed to by the Creator, specified in articles 2.1, 2.2 and 2.3 above covers the following types of use:
Broadcasting on the Internet
The right to broadcast or cause the broadcasting of the Work on the Internet, on the mobile telephone network, by all processes inherent to this mode of communication, known or unknown at this date including the reproduction on any computer server, digital or opto-digital (including disks, tapes, hard drives, databases, website, intranet, extranet site), by VOD for no valuable consideration (video on demand), by streaming broadcasting involving a temporary reproduction without the downloading possibility by the video viewer, by permanently or temporarily downloading, by communication on the screens of terminals used to connect to the Internet (computer terminal equipment of a network, personal assistant, mobile phone, Game console etc.); and whatever the communication channel (hertz, cable, satellite, fixed telephone line (analog line, xDSL), mobile telephone (GSM, I-mode, GPRS, UMTS, Edge, 3G, 3G +, etc..), cable, fiber optic, satellite, wireless, etc.), for its communication to the public with or without encryption for both individual and collective reception. This right includes the use for advertisement purposes (including but not limited to interstitials and banner advertisements).
TV broadcasting
The right to broadcast (through Hertzian wave, cable, satellite, digital TV) the Work, with or without encryption, both for individual and collective receiving, through all processes associated with this mode of operation – TV Hertzian broadcasting, by on-demand (eg VOD, video on demand), cable distribution (simultaneous or deferred, in full or extract), satellite (allowing or not allowing the receipt of the work through third parties) or by all means of online transmission (analog, digital, computer, telephone etc.).
Advertisement purposes
The right to reproduce, communicate and broadcast the Work, for promotion and advertisement purposes e.g. promotion and advertisement of the Client’s current and contemplated activities, products and services, on all media, by any process and by all methods as well as for the Client's internal and external communications, press relations, corporate communications and/or point-of-sale advertisements. Extracts of the Work are likely to be inserted in promotional trailers, for promotional purposes on all media and by all methods.
Commercialization and commercial use
Regarding applied art works, such as for the purpose of illustration: motifs, product designs, clothing designs the author assigns the rights to market, distribute and sell any product using the Work as an accessory or as a primary element, by any means.
The right to use the Work for all the commercial uses implied by the Client's or third parties current or later developed business activities.
The right to use the Work for market research activities, presentation of products or services offered or contemplated by the Client which include, but are not limited to, the analysis of ideas and concepts embodied in the Work, the generation of insights, establishing and/or using consumer panels to assess reactions to ideas and concepts embodied in the Work, presentation of case studies, sales documentation.
Derivative uses
The right to make, cause the making, reproduce, communicate (i) one or more works illustrating the same topics, characters, situations, dialogues, etc.. incorporated in whole or in part in the Work, (ii) one or more works incorporating elements of the Work and whose action would take place at an earlier period, contemporary and subsequent to that of the Work, (iii) one or more works containing one or more characters and put them into a completely novel story and situations and whose action does not necessarily involve a direct link with that of the Work. The Client will have total freedom over artistic and technical matters regarding the making of these derivative works and regarding the making of original works inspired by the themes, concepts and ideas embodied in the Work.
Public communication
The right to communicate the Work in public places, exhibitions, public showings, festivals and promotional events.
Reproduction on different supports
The right to make or to cause the making of originals and copies of the Work, with no number limitation, on all supports (analogue or digital) and by all media, known or unknown to this day, including CD, CD-R, CD-RW, CDI, DVD, DVD-R, DVD+R, DVD+RW, DVD-ROM, DVD-RAM, Blue-Ray Disc, CD-ROM, USB key drives, hard drives, computer servers, floppies.
Internal use by the Client
The right to use the Work for internal use by the Client which includes (i) the right to make originals and copies, with no number limitation, on all supports and by all media, known or unknown to this day (videotapes, videodiscs, etc.), electronic, digital (CDI, DVD, DVD-ROM, CD-ROM, USB key drives, hard drives), (ii) the right to broadcast the Work at internal meetings, (iii) the right to reproduce the Work and its extracts on internal printed communication documentation
The right to grant a sub-licence and to assign
The right to transfer or grant a licence of any or all of the intellectual property rights in the Work assigned by the Creator pursuant to this agreement by way of contract for the reproduction rights, distribution rights, right to disseminate, market, manufacture, in any form whatsoever, on any medium and by any means, through any licensing agreement to any third party either for consideration or without charge.
2.5
The Creator hereby assigns to the Client the exclusive right to file, in the Client’s name, all industrial property rights that may be used to protect the Work. This includes any patent, utility model, supplementary protection certificate, new variety certificate, topography of a semiconductor product, all applications to register designs or models, a trademark or domain name be it domestically in France, in the European Union or internationally. Furthermore, the Creator hereby agrees to allow the Client to use the Work, in whole or in part, for the purposes of a company name, trading name or sign.
The Client shall enjoy all the rights associated with or attached to the industrial property rights that may be obtained and use such as it deems fit in its sole discretion.
In the event that such registration, reservation or filing is performed by the Client, the Creator expressly agrees that the rights associated therewith which have been assigned pursuant to this agreement, shall survive the term set forth in this agreement at article 2.7 and shall be effective so long as such rights are protected by said industrial property rights.
2.6 Freedom to use the Work or not
The Client shall have no obligation to use the Work. Furthermore, the Client shall be entitled to suspend, terminate or resume the use of the Work at any moment. The Client shall not be subject to any obligation to use the ideas, themes, or concepts embodied in the Work.
2.7 Term and territorial validity
The Parties agree that this agreement shall take effect upon its signature by the Creator and shall have effect on a worldwide basis and for the duration of protection of the assigned rights as established in this agreement.
3. USE OF THE WORK BY THE CREATOR
The rights assigned under this agreement are exclusive rights, i.e. the Creator agrees that he/she will not re-use the Work in any other contest nor will he/she assign or grant his/her rights in the Work as specified above to any other third party or use his/her rights for his/her own benefit or that of any third party for the entire term mentioned above.
The Creator shall not be allowed to use the Work or any part thereof for commercial distribution, sale or any commercial purposes.
However, the Client agrees that the Creator may use the Work without charge and for non-commercial uses only, on all media and by all methods whatsoever, (including: amateur festivals, Internet broadcasting on personal website or through personal account on video-sharing website, informative or cultural showing).
4. THE CREATOR'S CREDIT
It is agreed that – according to custom – in the scope of using works concerned with advertising and applied arts, the Work will be reproduced and/or represented without mentioning the Creator’s name, which the Creator expressly accepts.
5. REMUNERATION
In consideration for assigning the rights under article 2 of this agreement, the Creator shall receive a global, one time and definitive lump sum of a net amount equal to [XXX] €.
The payment of this compensation, from which any due taxes or social security charges will have been withheld pursuant to any mandatory withholding at applicable rates, where and to the extent applicable, will be made by Eyeka, a limited liability company registered under French law, with share capital of €407.130, registered under number 488 120 916 RCS Paris, having its headquarters at 34 boulevard des Italiens, 75009 Paris, France acting on behalf of the Client and in its name, duly authorized for this purpose by the Client.
6. PROTECTION OF THE ASSIGNED RIGHTS
The Client will have, by effect of the present agreement, the exclusive right to take any action to prevent or stop any infringement or unauthorized use, in whatever form, of the Work within the limit of the rights assigned under the present agreement.
The Creator agrees to not obstruct in any way the reasonable use of the Work and to not make any declarations, by whatever means, which would risk causing any prejudice to the Client or to Eyeka regarding this use.
7. WARRANTIES AND INDEMNITIES
The Creator warrants that the Client shall quietly enjoy and exercise all of the rights attached to the Work and assigned pursuant to this assignment agreement.
The Creator shall indemnify and hold the Client harmless against any disturbance, action, claim or opposition, by a third party that the Work infringes their rights, and against any damage or liability incurred in the exercise of rights attached to the Work.
The Creator warrants that he/she has obtained written permissions of all the people represented in the Work, and/or artists having performed an artistic or dramatic performance reproduced in the Work, and/or from any person having supplied/created any other content present in the Work or of their contractual or legal representatives, in order to use their image and/or other available content, allowing the Creator to make commitments under this agreement. The Creator irrevocably undertakes to provide the Client at any time, at its request, with written proof or a copy of all written documents confirming such authorizations.
The Creator warrants that he/she is the sole proprietor of the intellectual property rights assigned to the Client or, in the event the Creator is not the sole proprietor of the aforementioned rights, he/she irrevocably warrants to the Client that, before making the Work available, he/she obtained all of the authorizations and rights required for the assignment of rights in writing from all proprietors of intellectual property rights to the Work or from the copyright collecting societies representing such proprietors allowing the Creator to make commitments under this agreement. In this respect, the Creator irrevocably undertakes to provide the Client at any time, at its request, with written proof or a copy of all written documents confirming such authorizations.
The Creator will also ensure that the Work is original, and all its components and its content does not violate the laws in force, particularly those relating to infringement of third party rights, defamation, morality or privacy. The Creator warrants that he/she has not used in the Work any elements (music, photographs, brands, etc.) that are likely to infringe any third parties' rights.
The Creator shall indemnify and hold the Client harmless against any action or claim from a third party having taken part, directly or indirectly, into the making of the Work, or arguing that he/she/it retains rights of any kind whatsoever upon the use of the Work.
The Creator is hereby informed that he/she may incur liability should any of his/her representations be inaccurate.
The Creator authorizes and agrees not to oppose any re-use of the ideas, themes or concepts contained in their Submissions by the Client, its partners and clients, for research and development purposes in order to elaborate, manufacture, distribute, market and sell any objects, products or services and, more generally, for any use whatsoever in the general course of business.
8. GENERAL
8.1
The Client may assign its rights and obligations arising hereunder, in whole or in part, to any legal entity of its choice without a new prior consent of the Creator being necessary on a case by case basis.
8.2
Should a provision of the agreement be declared null and void, the remainder of the agreement will remain entirely enforceable.
8.3
Should either Party choose not to exercise a provision of the agreement, this shall under no circumstances be construed as waiving of the benefit of the aforementioned provision or obligation.
8.4
Any amendment to this agreement shall be agreed by both Parties in writing and shall be set out in a supplemental agreement signed by the Parties.
8.5
This agreement shall not be deemed to create a partnership, relationship of subordination, agency or joint enterprise between the Parties.
8.6
This agreement constitutes the entire understanding and agreement between the Parties hereto with respect to the assignment of rights and the use of the Work and shall supersede and cancel all previous agreements either oral or written, with respect to the assignment of rights and the use of the Work.
8.7
The Parties agree that this agreement becomes legally binding as soon as the Creator signs this agreement, or copies of this agreement made by any means whatsoever. These copies shall be deemed to have the same evidentiary value as a written hard copy document.
9. GOVERNING LAW AND JURISDICTION
This agreement shall be interpreted, construed and governed by the laws of France.
Unless otherwise provided for under applicable laws or regulations of a public policy nature, any dispute which arises in connection with the preparation, interpretation or performance of this agreement shall be brought before the court having jurisdiction over such matters in Paris.
Date:
The Creator
Ms/Mrs/Mr
