Règlement
Voulez-vous rejoindre cet appel à créations ?
These Rules have been updated* on October 27, 2011
*DETAILS:
The contest has been extended until November 9 @23.59 (UTC).
Read carefully the brief: we’re not looking for Clorox advertising material, but for cleaning methods/products ideas in general.
Official rules for participating in the
"Reinvent household cleaning to be easy and enjoyable" contest
1. ORGANIZATION OF THE CONTEST
Clorox Services Company, a Delaware Corporation, is organizing a contributive call for entries, hereafter referred to as the "Contest".
Clorox Services Company is hereafter referred to as "the Company".
The Contest is organized on the Company's initiative. The Company has gained access to Eyeka’s services. EYEKA is 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.
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");
- still pictures, photographs, illustrations or designs (hereafter referred to as the "Photos");
- writings (hereafter referred to as the "Writings").
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 October 3rd,2011 at 16.00 UTC through November 9, 2011 at 23.59 UTC.
Accepted Submissions are eligible for the Jury's Prize under the conditions set forth hereafter.
No uploaded Submissions will be broadcasted and visible on the Eyeka Website by contestants until the end of participating time.
2.3 Minors' participation
Participants must be 13 years of age or older at the time their Submission is uploaded.
Minors over 13 years of age 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 and Eyeka 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 XXX 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 Eyeka and 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 and Eyeka, as well as their relatives (parents/grandparents, descendants, spouses) cannot participate in the Contest.
2.6 Only residents of the following countries may participate in the Contest:
- France
- United States of America
- Germany
- Spain
- Italy
- Portugal
- United Kingdom
2.7 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.
2.8 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
We believe household cleaning is due for reinvention. After all:
- Gyms used to be the place you dreaded going. Now there are gyms with concierges greeting you, mood lighting and cool music to motivate you. And workout wear is now cool and trendy.
- Kitchens used to be hidden in the back of houses, purely for the required work of food preparation. Now they are the center of our homes, optimized for connecting, creative cooking and relaxing.
- When we cook, we can choose to make everything ourselves, or speed it up using ingredients like pre-washed, bagged lettuce, tomato paste in a tube, and dessert mixes.
- We used to have to mail paper letters and wait weeks for a reply! Now we can be constantly connected, receive reminders and conduct almost all of our social and personal business through email, the web, SMS or social media.
Five years from now, the way we clean our homes will be just as self-expressive, convenient, comfortable and alluring.
BRIEF
Your challenge: reinvent household cleaning products to make cleaning, well…easy, enjoyable, rewarding, and even fun! Keep in mind speed, automation and ease of use in your thinking, but then kick it up a notch – how could household cleaning even deliver enjoyment, fun or reward? How could easier and more enjoyable cleaning create other benefits – such as freedom to spend more time with friends and family and do things you love? Consider products, packaging or new solutions that would be affordable and could be available in the market within 5 years.
Winning Criteria: The most innovative and realistic concepts showing new household cleaning products, packaging, systems and solutions feasible in the next 5 years will be rewarded!
GUIDELINES
(i) We’re not looking for Clorox advertising material, but for new cleaning products and packaging ideas.
(ii)Please consider any/all of the following type of cleaning products: for the bathroom, kitchen, dishes, laundry, floor & carpet care, upholstery cleaning, garbage/recycling or cleaning related to pets.
(iii) Also consider cleaning the outside of your house & garden (but not your car).
(iv) Think about the different needs of apartment dwellers vs. people living in a larger house. About different product needs of younger vs. older people. About cleaning needs in different climates/regions. Consider the needs of urban populations vs. rural.
(v) Avoid ideas that would be so expensive that they’d only be feasible for the elite or a very small group of people. Think more about products that can be used by everyone.
(vi) While we are interested in new cleaning systems and business models, just “hiring someone to clean for me” is not what we’re looking for. Neither are “science fiction”-like ideas going to impress.
(vii) The contest organizer is most interested in (a) new products; (b) new packaging; (c) solutions for everyone or for large groups of people who have similar needs (old people, busy urban professionals, women with children...).
(viii) This contest is only open to community members ages 13 or older, and residing in France, Germany, Spain, Italy, Portugal, the United States of America, or the United Kingdom
Accepted formats: Powerpoint presentations, illustrated images & sketches, short videos or animations.
ADDITIONAL QUESTIONS TO ANSWER
Please address the following questions (in you media description or in your submission) :
1. What aspects of household cleaning are made easier, faster, or more enjoyable with your idea?
2. What benefit does your idea bring to the household cleaning category that has never before existed?
3. What kind of person did you intend your idea for? Singles, large families, urban or rural people, etc?
4. Where and how do you imagine your product idea would best be sold?»*
*Excerpt from the brief available on the page of the Contest on the Eyeka Website.
3.2 Technical guidelines
Videos:
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
Photos:
Accepted formats are: *.jpeg;*.jpg;*.gif;*.png;*.tif;*.tiff;*.bmp,
Minimum size is 1024x768.
Writings:
Accepted formats are: *.doc;*.rtf;*.xls;*.pps;*.ppt;*.pptx;*.odp;*.ods;*.xlsx;*.odt;*.odg.
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 Eyeka's or 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 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.
3.5 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:
Eleven [11] winning entries will be selected by a panel of employees of the Company (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 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.
4.2 Winning Submissions will be selected by the Jury on the basis of aestheticism, originality, innovation, realism, 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.
4.3 One winner may be selected as winner of one single prize up to all prizes.
4.4 Winners will be notified by Eyeka acting on behalf of the Company and on its name no later than December 23rd, 2011 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://blogfr.eyeka.com.
Should a winner not reply to the aforementioned email by January 10th, 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.
4.5 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 $2,500 USD
Second Prize:
A global, one time and definitive lump sum of a net amount equal to $1,500 USD
From third Prize to fifth Prize:
A global, one time and definitive lump sum of a net amount equal to $1,000 USD each
From sixth Prize to eleventh Prize:
A global, one time and definitive lump sum of a net amount equal to $500 USD each
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 Eyeka and/or 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.
For residents of Spain: in accordance to Spanish tax laws, any winner being a Spanish resident will have to send an invoice for getting a remuneration in exchange for granting his/her intellectual property exploitation rights. This invoice will be sent by these winners to Eyeka, 46 bis rue Notre Dame des Victoires – 75002 Paris, France.
5.2 The aforementioned amounts will be paid out by Eyeka acting on behalf of the Company and in its name, to the Paypal account of the winners and via the Eyeka account used to upload the Submissions no later than February 20th, 2012 and under the condition that, for the winners of the Selection of the Jury, that the assignment agreement 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 By participating in the Contest, participants authorize the Company 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 Company all right, title, and interest in these Submissions in order to enable their use by the Company. To that end, an assignment agreement will be sent by email to the winners of Selection of the Jury no later than December 23rd, 2011 and will be signed by each one of these winners. 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 Those participants designated as Selection of the Jury shall authorize the Company 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 Company 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.
6.3 A template of the assignment of rights agreement is attached to these Rules for information purposes.
6.4 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 Eyeka a signed and initialed original copy of the appended assignment agreement and (b) the winner first returning to the Company or Eyeka the Submission master in the format and fixing medium as indicated by Eyeka or the Company.
6.5 If a winner fails to return initialed and signed assignment 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.
7. USE OF ALL ACCEPTED SUBMISSIONS
7.1 Solely by their participation in the Contest and as Submissions are uploaded, the participants expressly authorize the Company and Eyeka, without further consideration, to transmit the Submissions 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 one (1) year from the end of the Contest.
7.2 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 Eyeka 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 Eyeka's activities, products and services.
7.3 Moreover, participants authorize the Company, 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 Company, 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.
7.4 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 obtain express authorization from the participants in the event that it wishes to utilize the Submissions for any purpose not described at article 7. 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 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 if such company notifies the participant of its interest in such an assignment or license.
7.5 The Company shall have no obligation to use the Submissions in spite of the provisions of this article 7.
7.6 The terms of this article 7 apply without prejudice to those of the preceding article 6.
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 Eyeka and 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, Eyeka 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 Eyeka's or 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.
Eyeka will share the winners' personal details with the Company in order to organize the contractual relationship mentioned in these Rules. These details are: first name, last name and post address excluding any other information.
14. ASSIGNMENT
Eyeka and 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 and Eyeka 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 and Eyeka 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 and Eyeka formally disclaim 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 and Eyeka 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, Eyeka, their 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 their own evidenced fault, the Company and Eyeka refuse any liability for any issues or accidents that may arise during the production of any Submission.
In the event of force majeure, the Company and/or Eyeka reserve(s) 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, Eyeka shall notify the participants as soon as practicable on the Eyeka Website or blog.
To the extent permitted by law, Eyeka shall not be held liable for any issue, complaint, opposition, claim, or damage (i) related to the use of the Submission by the Company, (ii) related to any breach of these Rules by the Company, or (iii) related to the negotiation, completion or execution of any contract, regardless of its nature, that the Company may enter into with the participants without Eyeka being a party thereto.
The limitations of Eyeka’s liability under this clause 15 do not apply in case of bodily harm or death caused by a negligent or intentional breach of Eyeka’s contractual obligations, or in case of any other harm caused by intentional or grossly negligent breach of Eyeka’s contractual obligations, either by Eyeka itself or by Eyeka’s legal representatives or vicarious agents.
16. DECLARATION
Each entrant understands and acknowledges that: i) the Company has wide access to ideas, designs, protocols, methodologies and other materials (collectively, “Ideas”), and those new Ideas are constantly being submitted to it or being developed by their own employees and others; ii) many Ideas may be competitive with, similar to, or identical to content in the entry and/or each other in concept, approach, format, or other respects; iii) entrant will not be entitled to any compensation as a result of the Company's use of any such similar or identical material that has or may come to the Company, or any of them, from other sources.
17. 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.
18. 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.
For residents of Italy: For the purposes of Articles 1341 and 1342 of the Italian Civil Code, participants do expressly approve Articles 2.4, par. 4 and 2.6 (PARTICIPATION IN THE CONTEST); Article 3.5 (SUBMISSION GUIDELINES); Article 4.4, par. 2 (SELECTION OF THE WINNERS); Articles 6.1, 6.2 and 6.5 (USE OF THE SUBMISSIONS SELECTED AS SELECTION OF THE JURY); Articles 7.1, 7.2, 7.3 and 7.4 (USE OF THE ACCEPTED SUBMISSIONS); Article 8 (WARRANTIES); Article 10 (AUTHORIZATION); Article 11 (EVIDENTIARY VALUE); Article 13 (PRIVACY POLICY); Article 14 (ASSIGNMENT); Article 15 (DISCLAIMERS AND LIMITATION OF LIABILITY) and Article 16 (APPLICABLE LAW AND JURISDICTION) the contents of which have been read, acknowledged and clearly understood
Appendix:
(One (1) copy must be filled in, initialed on each page, signed by the Creator and sent to Eyeka / Contest Reinvent household cleaning to be easy and enjoyable: 46bis rue notre dame des Victoires – 75002 Paris, France)
Clorox IP Assignment
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 "Assignor", acting as winner of the contest Reinvent household cleaning to be easy and enjoyable organized on the Eyeka Website, ("the Contest"),
Submitted the work whose title is:
Eyeka identification number:
Hereinafter referred to as the "Works", in which the Works shall include, without limitation, all originals, negatives, and copies of all sketches, drawings, blueprints, reports, notes, plans, photographs, computer programs and software, models, specimens, specifications, and/or other documents, artwork, or materials created in connection with the Works,
To the Contest:
Organized by Clorox Services Company a corporation registered under the laws of Delaware, having its headquarters at 1221 Broadway, Oakland, California, 94612, U.S.A.
Hereinafter referred to as the "Assignee".
The Assignee and the Assignor are hereinafter together referred to as the "Parties" and individually the "Party".
Recitals
The Assignor holds the entirety of the property rights in the Works because he/she is the original owner or he/she validly acquired all the rights from a third party.
The Works was selected as winner of one of the prizes awarded in the Contest.
Pursuant to the rules of the Contest, the Assignee has contacted the Assignor with a view to the assignment of his/her rights in the Works on an exclusive basis to the Assignee.
NOW, THEREFORE, in consideration of a global, one time and definitive lump sum, received by Assignor from Assignee, the receipt of which is hereby acknowledged by the Assignor:
1. PURPOSE OF THIS AGREEMENT
The purpose of this assignment of rights agreement is to set forth the conditions under which the Assignor shall assign to the Company on an exclusive basis his/her rights in the Works allowing the Assignee to use the Works in the conditions set forth hereafter.
2. ASSIGNMENT OF RIGHTS
2.1 Scope of the assignment
Assignor irrevocably assigns to Assignee all worldwide rights, title, and interest, including copyrights, trade secrets, trademarks, trade dress, patentable subject matter, and all other intellectual and proprietary rights, in and to all of the Works, including but not limited to the right to publish, republish, reproduce, and broadcast the Works and distribute copies of the Works, in any form or medium, known or unknown, the right to make and distribute derivative works based on the Works or any part of them, in any form or medium, known or unknown, and the right to transfer and license all rights granted hereunder, for the entire duration of the copyright, trade secret, trademark, trade dress, or patent in the Works. The term patentable subject matter shall include, without limitation, the invention and improvements thereof. The term patentable subject matter shall include, without limitation, the invention and any improvements (including all priority rights) thereof described in issued patents, granted patents, pending patent applications, provisional patent applications, unfiled patent applications, continuations, continuation-in-part applications, divisionals, reissues, substitutions, or extensions thereof in any jurisdiction in the world.
2.2 Moral Rights
Assignor irrevocably assigns to Assignee all dispensable droit moral or moral rights in and to the Works, whether existing at the time of their creation or thereafter conferred. No rights are reserved to Assignor.
Assignor agree that if any rights, including moral rights, in the Works cannot (as a matter of law) be assigned by Assignor to Assignee as provided herein, then: a) Assignor unconditionally and irrevocably waives the enforcement of such rights and all claims and causes of action of any kind against Assignee, its licensees, and their successors and assigns with respect to such rights, and b) to the extent Assignor cannot (as a matter of law) make such waiver, Assignor unconditionally grants to Assignee an exclusive, perpetual, irrevocable, worldwide, fully paid license, with the right to sublicense through multiple levels of sublicensees, under any and all such rights, (a) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use or exploit the Works in any medium or format, whether now known or hereafter discovered.
2.3 Warranties
Assignor warrants that: a) Assignor has all necessary rights and authority to enter into and perform this Agreement, including without limitation all interest and copyright in the Works, and where Assignor is an entity and not a natural person, Assignor warrants that the Works were prepared by employees of Assignor within the scope of such employees’ employment; b) any and all necessary contracts, authorizations, and releases, including without limitation model and property releases relating to the Works have been obtained with or from parties of interest, and no additional fees or payments are due for persons, objects, and other properties used, depicted, or referenced in the Works; and the Works are in compliance with all laws and requirements relating to, among other things, a person’s image, likeness, or property being used for commercial purposes; and c) Assignee’s commercial or other use of the Works will not infringe on any copyright, moral right, trademark, or other intellectual property right and will not violate any right of privacy or right of publicity of any person or entity.
2.4 Exclusive Rights
Assignor acknowledges Assignee’s exclusive right to a) publish, transfer, sell, license, and/or otherwise use or exploit all or any part of the Works, and b) permit others to use or exploit all or any part of the Works. Upon Assignee’s request, Assignor shall deliver to Assignee all Works in Assignor’s possession.
Assignor agrees that any trademark, service mark, trade name, and/or merchandising rights in the Works shall be and remain the exclusive property of Assignee even if Assignor exercises Assignor’s termination rights pursuant to the provisions of Section 203 of the Copyright Act of 1976 (17 U.S.C. section 203).
2.5 Indemnification
Assignor agrees to indemnify, defend, and hold harmless Assignee and its officers, directors, employees, shareholders, agents, successors, and assigns, and any corporation controlling, controlled by, or under common control with Assignee, of, from, and against any loss, damages, claims, liabilities, injuries, costs, suits, judgments, causes of action, settlement, and expenses, including without limitation attorneys’ fees (collectively, “Claims”), that may be asserted by any third parties arising out of or in connection with a) any breach of any of Assignor’s representations and/or warranties in this Agreement, and/or b) any Claims in any way connected with Assignor’s obligations under this Agreement.
2.6 Cooperation
Assignor agrees, at Assignee’s request, to reasonably cooperate with and assist Assignee in perfecting Assignee’s rights in the Works (including by executing and delivering to Assignee any documents deemed necessary by Assignee to perfect such rights).
2.7 Freedom to Use the Work or Not
Assignee shall have no obligation to use the Works. Furthermore, Assignee shall be entitled to suspend, terminate or resume the use of the Works at any moment. Assignee shall not be subject to any obligation to use the ideas, themes, or concepts embodied in the Works.
3. Remuneration
In consideration for assigning the rights under article 2 of this agreement, the Assignor 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 Assignee and in its name, duly authorized for this purpose by the Assignee.
4. GENERAL
4.1
The Assignee 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 Assignor being necessary on a case by case basis.
4.2
Should a provision of the agreement be declared null and void, the remainder of the agreement will remain entirely enforceable.
4.3
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.
4.4
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.
4.5
This agreement shall not be deemed to create a partnership, relationship of subordination, agency or joint enterprise between the Parties.
4.6
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.
4.7
The Parties agree that this agreement becomes legally binding as soon as the Assignor 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.
5. Governing Law and Jurisdiction
This agreement shall be interpreted, construed and governed by the laws of California.
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 San Francisco, California, U.S.A..
IN WITNESS WHEREOF, the Assignor has executed this assignment on the date of signature below.
Signature:
Print Name:
Title:
Date: _
