Brandcrowd - Contest Rules


Brandcrowd - Contest Rules

Brandcrowd – Contest Rules

 

These Contest Rules should be read with the Common Terms of Use and the Special Terms and Conditions for the BrandStack Site.  Capitalised Terms have the same meaning given in those documents, unless otherwise indicated. 

 

1 Design Contest Rules and Instructions

1.1 Briefs and Requirements.

(a) In using the BrandCrowd Service, Client must prepare and post to the BrandCrowd Site its Requirements in a Brief. Client is solely responsible for the Requirements.

(b) Client must submit its Requirements in the applicable section of the Brief. Important Requirements must be included in the "Must Have" section of the Brief and must be specific and be able to be verified objectively (including, by way of example, colour, text and layout) ("Concrete Requirements").

(c) Designer must ensure that each of its Submissions must satisfy the applicable Concrete Requirements.

1.2 Project Type. Each Project posted by Client must be either a "Multiple Designer Contest" or a "Single Designer Project", as described below.

(a) Multiple Designer Contests. In a Multiple Designer Contest, Client may receive multiple Works from different Designers. There are two types of Multiple Designer Contest, namely:

(i) Non-Guaranteed Multiple Designer Contests: Here, Client may select and purchase a Work from the Work(s) submitted by the Designer(s) to the Project, thereby releasing the applicable Project Budget (subject to the deduction of the Commission Fees) to the Designer who submitted that Winning Work; or

(ii) Guaranteed Multiple Designer Contests: Here, Client must select and purchase a Work from the Work(s) submitted by the Designer(s) to the Project, thereby releasing the applicable Project Budget (subject to the deduction of the Commission Fees) to the Designer who submitted that Winning Work.

(b) Single Designer Projects. In a Single Designer Project, Client may:

(i) request and receive Quotes from different Designers but then select one Designer to complete the Project; or

(ii) request a Quote to complete the Project from a selected Designer.

If Client accepts a Quote from the selected Designer, such selected Designer must proceed to create the relevant Works and to make the Submission. In the event Designer does proceed as aforesaid, it must do so in accordance with the terms of this Agreement.

1.3 Project Budgets.

(a) Multiple Designer Contests. In a Multiple Designer Contest, Client must set a Project Budget for each Multiple Designer Contest prior to its launch and must deposit the full amount of such Project Budget with Us in accordance with Our relevant procedure. Client may increase the Project Budget after the launch of the applicable Multiple Designer Contest but must not decrease the Project Budget.

(b) Single Designer Projects. In a Single Designer Project, Client must set a Project Budget range in respect of the Single Designer Project and Designer may submit a Quote to Client which must be within that range. Client must deposit the full amount of the applicable Project Budget with Us in accordance with Our relevant procedure at the time it selects the Designer.

1.4 Timeframes and Deadlines for Submissions for Multiple Designer Contest(s). Following Our receipt from the Client of an amount equal to the Project Budget for a Project, the Project will be launched and the Brief will be published on the BrandCrowd Site (provided that the payment has been cleared by one of Our third party payment providers). The Project will be 'open' for a given timeframe (of no longer than 60 days), as determined by the Client. This duration determines how long the Client will allow for Submissions to be provided by Designers ("Deadline for Multiple Designer Contest(s) Submissions"). Client may extend such deadline for each Project for reasonable periods of no more than 45 days (unless agreed to by Us), but it must not shorten any such deadlines.

1.5 Timeframes and Deadlines for Submissions for Single Designer Project(s). Following publication of the applicable Brief on the BrandCrowd Site and the Client’s selection of a Designer, and following Our receipt from the Client of an amount equal to the Project Budget for a Project, the Project will be 'open' for a given timeframe, as determined by the Client. This duration determines how long the Client will allow for Submissions to be provided by the selected Designer ("Deadline for Single Designer Project(s) Submissions"). Client may extend such deadline for each Project for reasonable periods of no more than 45 days (unless agreed to by Us), but it must not shorten any such deadlines.

1.6 Procedure and Deadlines for Selecting a Work for a Multiple Designer Contest. For all Multiple Designer Contests, Client must select a Winning Work in accordance with the following:

(a) Prior to the date 15 days after the expiry of the Deadline for Multiple Designer Contest(s) Submissions ("Deadline for Selecting a Contest Work"), Client:

(i) may (in the case of Non-Guaranteed Multiple Designer Contests) select a Winning Work from all of the Work(s) submitted by Designer(s) in response to the applicable Brief; or

(ii) must (in the case of Guaranteed Multiple Designer Contests) select a Winning Work from all of the Work(s) submitted by Designer(s) in response to the applicable Brief;

(b) In the event Client extends the Deadline for Multiple Designer Contest(s) Submissions prior to the expiry of the initial Deadline for Multiple Designer Contest(s) Submissions in accordance with clause 3.4, the Deadline for Selecting a Contest Work will be extended until the date that is 15 days from the new Deadline for Multiple Designer Contest(s) Submissions;

(c) For Guaranteed Multiple Designer Contests, where the Deadline for Selecting a Contest Work elapses without Client selecting a Winning Work and where the Project Budget was submitted upfront (and cleared funds received), We may award the Project Budget to a Designer of Our choice or may divide the Project Budget between all Designers that submitted Works for the relevant Project. If We select one Designer on behalf of the Client, the applicable rights in the relevant Work will transfer to the Client as they would if the Client had selected the Work itself, in accordance with the terms of the Designer/Client Contract.

1.7 Procedure and Deadlines for Selecting a Work for a Single Designer Project. For all Single Designer Projects, Client must adhere to the following:

(a) Prior to the date 15 days after the expiry of the Deadline for Single Designer Project(s) Submissions ("Deadline for Approving the Work"), Client may approve the Work;

(b) In the event Client extends the Deadline for Single Designer Project(s) Submissions prior to the expiry of the initial Deadline for Single Designer Project(s) Submissions in accordance with clause 3.5, the Deadline for Approving the Work will be extended until the date that is 15 days from the new Deadline for Single Designer Project(s) Submission

1.8 Where the Deadline for Approving the Work elapses without the Client approving the Work submitted by the selected Designer, the Client will be deemed to have not approved the Work and the Project will be closed.

1.9 Reviewing Submissions. Client is responsible for reviewing all Submissions provided by Designers through the BrandCrowd Site in response to each Brief posted by Client.

1.10 Revisions. Client may request Revision(s) to the Work(s) which must be undertaken by Designer in accordance with the following:

(a) where Designer’s Submissions do not satisfy the Concrete Requirements, Designer must revise its Work until the Concrete Requirements are satisfied in order to be eligible for selection of a Work or for payment by Client;

(b) Client may request Revisions and Designer may (at its discretion and without obligation) perform the requested Revisions without charge as part of its customer service. Client may also request major changes to its Submissions and Designer may (at its discretion) undertake any such changes and may (at its discretion) request payment of a fee for any such changes; and

(c) for the avoidance of doubt:

(i) requests for a completely new concept will constitute a major change and is considered a major revision (and not a Revision);

(ii) Designer must not commence any revision work that requires payment without the prior authorisation of the Client.

1.11 Private Projects. When posting a Project to the BrandCrowd Site, Client may select an option to keep the Project "private". Such "private" Projects will not be made available by Us for viewing on those parts of the BrandCrowd Site generally available to members of the public, but will only be visible on the BrandCrowd Site to users of the BrandCrowd Site that are logged-in with the BrandCrowd Site. Client agrees to pay any applicable Fees for this "private" option. Client acknowledges that We are unable to guarantee that the Project (or parts thereof) will not be disclosed or made available by third parties.

2 Our Refund Policy

(a) Multiple Designer Contest refunds - Client is eligible for and can request a full refund of its Project Budget (excluding any Project Posting Fees and Upgrade Fees paid to Us and excluding the applicable transaction fee(s)) in respect of a Project if:

(i) It requests a refund in writing using the procedure on the BrandCrowd Site ("Refund Request");

(ii) It has not selected a Winning Work from the Works submitted (if any) in response to a Brief;

(iii) The Multiple Designer Contest is not a Guaranteed Multiple Designer Contest; and

(iv) The Refund Request is made within 60 days of launching the relevant Project.

(b) Project Posting Fees - Client is eligible for and can request a full refund of its Project Posting Fees and Upgrade Fees (excluding the applicable transaction fee(s)) in respect of a Project if:

(i) No Submissions are made by any Designers prior to the Deadline for Multiple Designer Contest Submissions;

(ii) None of the Submissions provided by Designer(s) meets the Concrete Requirements outlined in Client’s Brief; or

(iii) None of the Submissions provided by Designer(s) meets BrandCrowd’s Minimum Design Standards.

(c) Exceptions – Notwithstanding the above, Client is not eligible for and will not receive any refund where:

(i) The Project is a Guaranteed Multiple Designer Contest; or

(ii) Client has already selected a Winning Work.

(d) Single Designer Projects - Client will be eligible for a full refund of its Project Budget (excluding any Payment Posting Fees and Upgrade Fees paid to Us and excluding the applicable transaction fee(s)) in respect of a Project where:

(i) No Submissions are made by any Designers prior to the Deadline for Single Designer Project(s) Submissions;

(ii) All the Submissions provided by the Designer do not meet the Concrete Requirements outlined in Client’s Brief; or

(iii) All the Submissions do not meet BrandCrowd’s Minimum Design Standards.