Règlement
Voulez-vous rejoindre cet appel à créations ?
Official rules for participating in the "In a non-clichéd and entertaining way, convince the scepitical over fifties that Becel pro. activ will lower their cholesterol!" contest
1. ORGANIZATION OF THE CONTEST
Unilever U.K, a limited company registered under number 29140 having its headquarters at Unilever House, 100 Victoria Embankment, London, EC4Y 0DY, is organizing a contributive call for entries, hereafter referred to as the "Contest".
Unilever U.K. Central Resources is hereafter referred to as "the Company".
The Contest is organized on the Company's initiative. The Company has gained access to Eyeka S.A. hereafter referred to as "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 via Eyeka's affiliate company Eyeka UK LTD’s services. Eyeka UK LTD is a limited company with registered office at 101 Windsor Street, London, W1U 1QU.
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 (after 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 Wednesday 2nd November 2011, at 6.00 UTC through Wednesday 14th december 2011, 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 their parents /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 which includes prior to supplying the winner(s) with the prize. This waiver must be labeled as such and must contained a copy of both sides, front and back, of the national identity card of the minor and his/her legal representative:
"I undersigned Mr/Mrs. xxx, parent(s) or guardian(s) of (child's name), hereby represent that I've read and accepted the rules of "In a non-clichéd and entertaining way, convince the scepitical over fifties that Becel pro. activ will lower their cholesterol!" Contest held on the Eyeka Website and that I authorize (child's name) to participate in this Contest.
Place and date of signatory.
Signatory"
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 parents or guardians will be required to sign the assignment agreement mentioned hereafter in article 6.1 in order for the latter to be provided with the prizes.
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 post 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 accounts) the contracts concluded when participating in the Contest and when accepting the Rules would 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 (ascendants, 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 here before, 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
TV ads for cholesterol lowering products all say the same things in the same way, showing 'science class' type 3D animation of cholesterol magically vanishing from clogged arteries and older people jumping around with their grandchildren. People over fifty (the group who would benefit most from lowering their cholesterol) don't even notice them anymore, and are skeptical as they are bombarded by product claims.
It’s a shame because Becel pro. activ is a tasty spread that is really effective in lowering cholesterol. Becel pro. activ has been proven effective by over 45 scientific studies in lowering cholesterol by 7-10% in just 3 weeks, with 3 servings a day. It contains clinically proven plant sterols which actively lower cholesterol. No other food is more effective at lowering cholesterol, and millions of people have successfully lowered their cholesterol with Becel pro.activ.
BRIEF
Becel pro.activ is clinically proven to actively lower cholesterol by 7-10% in just 3 weeks. Bring this statement to life in the most creative and engaging way you can think of.
Your challenge is to create an original video or animation that convinces the over fifties (men and women over 50 years old), without clichés to use Becel pro. activ so that they can return to enjoying life. These people tend not to trust advertising; therefore they need to be convinced in a fun, engaging and unexpected way!
Unleash your creativity, surprise us and create a video or animation that stands-out from the ones people over fifty are used to seeing. Be funny, emotional, or quirky but don’t fall into clichés, such as videos of people over fifty dancing, swimming and playing with their grandchildren etc.
FORMAT: A video or animation of up to 45 seconds that will be viewed online.
Winning Criteria: We will select winners with the most creative and inspiring entries
TIPS
Even if you are not over 50 or if you are not concerned by cholesterol, you could think about someone you care about who is and aim to convince them, creatively.
GUIDELINES
(i) Don't forget that viewers of your video will be over 50 years old.
(ii) Be funny, be inspired, do not copy existing TV ads.
(iii) Please insert Becel pro.activ. logo and product shot provided in the community brief
(iv) If your entry makes any statement regarding health and /or efficacy, then make sure it complies with the following :
1. Three portions of Flora pro.activ foods can lower LDL cholesterol by 7-10% in just 2–3 weeks. One portion is about two teaspoons of spread, 1 glass of milk or one Flora pro.activ mini-drink
2. pro.activ actively lowers choleserol which is is a risk factor of heart disease. You can’t talk about this product in the more general terms of ‘prevention of heart disease’.
3. Don’t show doctors or other healthcare professionals in your entry.
No entry making any other statement with regard to the products' health benefits will be accepted.
*Except 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 seconde
Encoding: MPEG 4, H/264, XVID, Quicktime.
Video: 400 kb/s minimum
Audio encoding: MP3
Audi: 64 kb/s minimum
Photographs:
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;
- 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, pedophile or likely to violate a minor's right;
- which is a violation of public order or decency;
- which is defamatory, libelous, is an insult, against anyone, individual or legal entity;
- which is racist, xenophobic, a denial or likely to violate anyone's reputation, which is a provocation of 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 violates privacy and right of publicity;
- which contains any virus, worm, Trojan horse or any computer file or program that is liable to interrupt, destroy totally or partially 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 is an invasion of private letters;
- which allows a third party to acquire, directly or indirectly, of 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 otherwise attempt to infringe the rights of others and to the safety of persons and property ; and/or
- which is in violation of or 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 to make 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 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:
three [3] winning entries will be selected by a panel of employees of the Company (hereafter referred to as the "Jury") with the technique and artistique skills to select the winners in accordance to the guidelines defined in these Rules.
Submissions designated as winners of the First Prize to 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
4.2
Winnings 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.
4.3
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 February 10, 2012 by email, to the email address provided during registration on the Eyeka Website. The winners' list will be posted on Eyeka's blog available at: http://blogfr.eyeka.com.
Should a winner not reply to the aforementioned email no later than February 14 2012 23:59, the Company shall be entitled to appoint another winner and to grant this winner with the prize 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 uploading period. The amount of 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 3 000 €
Third Prize:
A global, one time and definitive lump sum of a net amount equal to 2 000 €
5.1.2
The participants acknowledge that the aforementioned amounts cover the assignment price of the intellectual property rights under article 6.1 and the prizes following their designation as 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 revenue according to the assignment of intellectual property rights attached to said Submissions. As such, the winners accept all labor and tax consequences connected to copyrighted products such as a declaration of payment with the tax administration and payment of the applicable tax.
The indicated amounts are net of the various applicable contributions. The winners for whom the Submission(s) are designated as Selection of the Jury winners acknowledge that Eyeka or the Company will take care of the administrative formalities and necessary social 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 Eyeka acting on behalf of the Company and on its name, to the Paypal account of the winners and via the Eyeka account used to upload the Submissions no later than March 20, 2012 and under the condition, for Selection of the Jury winners, 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
When 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 February 10, 2012 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 sending Eyeka a copy of the appended assignment agreement, initialed and signed and (b) the winner returning to the Company or Eyeka the Submission master in the format and fixing medium as indicated by Eyeka or the Company.
6.5
Failure to return initialed and signed assignment agreement and the above mentioned master timely or if winner is found not to be eligible or not in compliance with the warranties conditions defined in these Rules (including its appendix), disqualification may result 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 on the internet network. This authorization takes effect upon acceptance of these Rules by participants and is granted on a non exclusive and worldwide basisfor eighteen (18) months 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, title. Participants authorize to reproduce, communicate and broadcast the Submissions on the internet networks only, in order to present and promote the Contest, to present the Submissions submitted to the Contest, as well as for internal and external communication, public relation, and corporate communication. 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
Should the case arise, under the aforementioned reservations, 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 shall commit, in the event such become 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
The following guarantees shall be applicable without prejudice to those guarantees enumerated at article 3.4 above regarding Prohibited Content:
- All participants guarantee the Company against any trouble, action, claim, opposition, and claim any eviction from a third party arguing that the Submission violates 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 peacefully 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 hold the Company harmless against any disturbance, legal action, complaint, opposition, claim and eviction instigated by a third party claiming that one of the Submission 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 permissions of all the people represented on the Submissions and/or artists having performed an artistic performance reproduced in the Submission, and/or from any person having supplied/created any other content present in the Submission, 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 proprietors 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 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 to 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 frauds and/or to pursue the authors and conspirators thereof before the court having jurisdiction over these frauds.
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 n° 78-17 of 6 January 1978 (loi relative à l’informatique, aux fichiers et aux libertés), modified by law n° 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 legal entity they shall so designate without having to first obtain the consent of the participant.
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 damages 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) damages 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 safeguard of a copy of any Submission that such participant submits with regards 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 reject any liability arising out of any participant connection to the web via Eyeka’s website; and/or (iv) any indirect, direct damages 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 and for any related damages 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 affiliate, parents, directors, employees and other agents or partners harmless for any damages or losses and indemnify for any damages 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 public order nature. Except in the case of their own evident 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.
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 violation 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.
16. APPLICABLE LAW AND JURISDICTION
These rules are subject to law of France.
Unless otherwise provided for under the laws or regulations of public order nature, any litigation or dispute arising hereunder shall be brought before the court having jurisdiction over such matters in Paris.
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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 "In a non-clichéd and entertaining way, convince the scepitical over fifties that Becel pro. activ will lower their cholesterol!": 46bis rue Notre-Dame des Victoires – 75002 Paris, France)
Assignment of rights agreement
Name:
Address:
Eyeka Log in:
Hereinafter referred to as "the Creator", acting as winner of the contest "In a non-clichéd and entertaining way, convince the scepitical over fifties that Becel pro. activ will lower their cholesterol!" organized on the Eyeka Website, ("the Contest"),
Submitted the work whose title is:
Eyeka identification number:
Hereinafter referred to as the "the Work",
To the Contest:
Unilever U.K., a limited company registered under number 29140 having its headquarters at Unilever House, 100 Victoria Embankment, London, EC4Y 0DY, duly represented for the purposes hereto by …
Hereinafter referred to as the "the Company".
The Company and the Creator are hereinafter together referred to as the "Parties" and individually the "Party".
Forewords
The Creator holds the entirety of the property rights in the Work because he/she is the original owner or he/she validly acquired the rights from a third party.
The Work was selected as winner of one of the prizes awarded in the Contest.
Pursuant to the rules of the Contest, the Company got in touch with the Creator so that the latter assigns his/her rights in the Work on an exclusive basis to the Company.
1. PURPOSE OF THIS AGREEMENT
The purpose of this assignment of rights agreement is to set forth the conditions under which the Creator shall assign to the Company on an exclusive basis his/her rights in the Work allowing the Company 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 Company 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 using. The Company 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 Company 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:
(v)
The 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 including 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;
(vi)
The 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;
(vii)
The exclusive right to publish, broadcast, edit, release, re-release, license or assign the right to use such, to rent, loan, by any means, the reproductions either part or all of the Work, in its original form or in a subsequent embodiment as defined above, either for a fee or gratuitously;
(viii)
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, either associate with other works regardless of their nature or not, either identical or different including musical works, either in its original form, dubbed, 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 otherwise communication to the public, by way of public presentation by any means whatsoever using any aspect ratio.
2.3 Ideas, themes and concepts
As a complement to the aforementioned assignment of intellectual property rights, the Creator expressly authorizes the Company 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 cover the following types of use:
Broadcasting on the Internet network
The right to broadcast or cause the broadcasting of the Work on the Internet network, on the mobile telephone network, by all processes inherent to this mode of communication, known or unknown to 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, advertisement banner).
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 current and contemplated Company's activities, products and services, on all media, by any process and by all methods as well as for the Company's internal and external communication, press relations, corporate communication, 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 current or later developed Company's or third parties' business activities.
The right to use the Work for market research activities, presentation of products or services offered or contemplated by Company 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 Company will have total freedom over artistic and technique 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, 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 Company
The right to use the Work for internal use by the Company 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 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 sub-licensing agreement to any third party either for consideration or gratuitously.
2.5
The Creator hereby assigns the exclusive right to file, in its name, all industrial property rights that may be used to protect the Work to the Company. This includes any patents, utility patents, 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 international. Furthermore, the Creator hereby agrees to allow the Company to use the Work, in whole or in part, for the purposes of a company name, commercial name or sign.
The Company 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 Company, 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 Company shall have no obligation to use the Work. Furthermore, the Company shall be entitled to suspend, terminate or resume the use of the Work at any moment of this agreement. Regarding the ideas, themes, or concepts embodied in the Work, the Company shall not be subject to any obligation to use.
2.7 Term and territorial validity
The Parties agree that this Assignment shall take effect upon its signature by the Creator and shall remain valid 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 forbids himself/herself to re-use the Work in the context of in any other contest and to 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 and for the entire term of the agreement.
The Creator shall not be allowed to use the Work or any part thereof for commercial distribution, sale or any commercial purposes.
However, the Company accepts that the Creator uses the Work gratuitously and for not commercial uses only, on all support 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 gross amount equal to [XXX] €.
The payment of this compensation will be made by 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 duly authorized with this power by the Company.
6. PROTECTION OF THE ASSIGNED RIGHTS
The Company will have, by effect of the present agreement, the sole right to engage any action with the objective to cease any infringement or unauthorized use, under 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 Company or to Eyeka regarding this use.
7. WARRANTY
The Creator warrants that the Company shall peacefully enjoy and exercise all of the rights attached to the Work and assigned pursuant to this assignment agreement.
The Creator guarantees the Company against any trouble, action, claim, opposition, claim and any eviction from a third party arguing that the Work violates 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 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 Company 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 Company or, in the event the Creator is not the sole proprietor of the aforementioned rights, he/she irrevocably warrants to the Company 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 Company 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 the infringement, 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 violate any third parties' rights.
The Creator warrants the Company 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 detains 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 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.
8. GENERAL
8.1
The Company may assign its rights and obligations arising hereunder, in whole or in part, to any legal entity of its choice without the prior consent of the Creator.
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 accepted 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, empowerment, relationship of subordination 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 initials and 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 substantive laws of France.
Unless otherwise provided for under the laws of public order 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: 2011
The Creator
Ms/Mrs/Mr
Appendix: detailed list of components comprising the Work
