Creative Challenge Terms & Conditions — DoorFoto

Creative Challenge Terms & Conditions

DOORFOTO TERMS AND CONDITIONS FOR CREATIVE CHALLENGE SUBMISSIONS

DoorFoto (“DoorFoto,” “we,” “our,” or “us”) appreciates your (“you,” “your,” or “Artist”) participation in the DoorFoto Creative Challenge contest set forth in the contest overview attached hereto (the “Contest Prize Overview”) (such contest, the “Contest”) via your submission of an artwork (hereinafter the “Artwork”). By submitting the Artwork to DoorFoto, you agree to the following terms and Conditions (“Terms and Conditions”):

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED.

BY REGISTERING FOR THIS CONTEST, YOU FULLY AND UNCONDITIONALLY AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT REGISTER FOR THIS CONTEST AND DO NOT SUBMIT AN ENTRY.

ELIGIBILITY

THE CONTEST IS OPEN ONLY TO NATURAL PERSONS WHO, AT THE TIME OF ENTRY, ARE AT LEAST THIRTEEN (13) YEARS OLD (FIFTEEN [15] YEARS OLD FOR RESIDENTS OF NORWAY AND EIGHTEEN [18] YEARS OLD FOR RESIDENTS OF GERMANY), AND NOT RESIDENTS OF ANY COUNTRY SUBJECT TO A US TRADE EMBARGO (AS OF SEPTEMBER 2018 NORTH KOREA, IRAN, SYRIA, SUDAN, MYANMMAR, BURMA AND CUBA) AS WELL AS THE PROVINCE OF QUEBEC, CANADA. THIS CONTEST IS VOID IN THESE COUNTRIES AND WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW.

LIMITED CONTESTS

Eligible countries include: US, UK, Australia, Belgium, Canada (excluding Quebec), China, Colombia, Denmark, Germany, India, Netherlands, New Zealand, Norway, and Switzerland.

Employees of DoorFoto and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.

SPONSOR

The Contest is sponsored by DoorFoto, located at 3801 South Kenwood Ave., Tampa, Florida 33611.

SPECIAL PROMOTIONS

DoorFoto reserves the rights to discontinue any of its promotions at any time.

COMPETITION CANCELLATION/WITHDRAWAL

DoorFoto reserves the right to cancel or suspend or alter the rules at any stage, if deemed necessary in its opinion, and if circumstances arise outside of its control. In the event that there are not at least 200 entries to any one contest, then DoorFoto reserves the right to cancel the competition immediately without any payouts or any winners chosen.

AGREEMENT TO OFFICIAL RULES

Participation in the Contest constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of DoorFoto, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.

CONTEST PERIOD

Download each Creative Challenge submission kit for dates of each contest. Entries that are submitted before or after the Contest Period will be disqualified. Submissions will be accepted for the duration of the Contest using any of the following methods: online only.

HOW TO ENTER

Online: This method of entry will be available by visiting our website (https://doorfoto.com/pages/see-challenges) and following the directions provided to fill out the entry information and submit.

Limit ten (10) entries per person, per email address, and per household for the duration of the Contest Period, regardless of method of entry. Entries received from any person, e-mail address, or household in excess of the stated limitation will be void.

You promise, represent and warrant that each and every Artwork you submit to DoorFoto (a) is your own original work, (b) has not been previously published, distributed, sold or reproduced anywhere by any means in any physical medium (including in any books or magazines) other than (i) in a single original work if the Artwork was first produced in a tangible medium (e.g., watercolor or other painting or photographic negative) and/or (ii) no more than twenty-five copies total of the Artwork sold by you prior to submission of your Artwork, (c) does not contain any trademarks, logos, or copyrighted material other than that which has been provided to you by DoorFoto or that you solely own, and (d) does not contain any content subject to any right of publicity or privacy or any intellectual property belonging to any third party. You acknowledge that you will not use any content provided to you by DoorFoto for any purpose other than to submit Artworks incorporating such content to DoorFoto in connection with this Contest.

You acknowledge that DoorFoto may decline to select an Artwork for internal voting on DoorFoto.com (our “Site”) or as the winner of a cash award as part of the Contest (a “Prize”) for any reason in its sole discretion.

If the Artwork is selected to be displayed by DoorFoto on our Site, then you grant us the right to use, upload, modify, reproduce, create derivative works of, and display the Artwork for the purposes of promoting DoorFoto and this Contest on our Site and otherwise throughout the world, in DoorFoto's sole discretion, both during the Contest and during the Trial Period (as defined below).

Whether or not we select the Artwork for a Prize, you may not offer for sale, sell, or submit the Artwork or Matching Items (as defined below) to others or otherwise publish, distribute, or reproduce the Work or allow others to do so for any purpose until the date that is 90 days after the Contest’s submission deadline (the “Trial Period”). After the expiration of the Trial Period, if DoorFoto has not notified you that it has selected the Artwork for a Prize, then you will be free to use the Artwork for any purpose.

If DoorFoto selects your Artwork for a Prize, your Artwork will be subject to these Terms and Conditions, including the applicable Contest Prize Overview.

During the Trial Period, we may display the Artwork in connection with use on products offered for sale to assess consumer interest, even if we have not yet selected your Artwork for a Prize.

You hereby license us the use of your name and identifying information and image (“Artist Name”) for purposes of promoting the Artwork both during and after the Trial Period.

If your Artwork is selected for a Prize by DoorFoto, useful upon such selection, you hereby immediately and irrevocably grant to DoorFoto an exclusive (even as to you, subject to the License Conversion as defined below), sub - licensable (through multiple tiers), assignable, royalty-free, fully paid-up, irrevocable right to use, reproduce, distribute (through various levels), create derivative works of, and publicly display and perform (publicly or otherwise) the copyright and all other intellectual property, “moral,” and other rights in your Artwork and in any additional matching items set forth in the applicable Contest Prize Overview or otherwise requested by DoorFoto or provided by you in connection with your Artwork (“Matching Items”) (the Artwork and Matching Items, collectively, the “Work”), including, without limitation, the right to copy, reproduce, do derivative works and sell or offer for sale the Work and products bearing the Artwork or derivative thereof or incorporating the Work or any derivative thereof, and to allow others to do the same. For clarity, the foregoing exclusive license of your right, title, and interest relating to the Work does not take effect until and unless the Artwork is selected for a Prize by DoorFoto. Without limiting the foregoing, if the Artwork is selected for a Prize, DoorFoto may, among other things, use the Work and your Artist Name in any manner, including but not limited to: (a)reproducing the Work or portions thereof, and your Artist Name on products, (b)selling products (including but not limited to Fabric Door Wraps) bearing the Artwork or any derivative thereof or incorporating any aspect of the Work or any derivative thereof and which may include or be associated with your Artist Name (subject to DoorFoto’s obligation to pay you the Sales Commission as defined and described below) and which may be, in DoorFoto’s sole discretion, sold via the Site, if applicable, (c) changing or reworking the Work by making color or size changes, (d) making derivative works of the Work and (e) using the Work and your Artist Name on our Site and otherwise to promote DoorFoto, and (f) registering the Work with the U.S. Copyright Office or any other copyright office in DoorFoto’s or DoorFoto’s designee’s name. You agree to provide DoorFoto with any information as may be required in order to register the copyright in the Work if DoorFoto so requests, at no additional cost to DoorFoto.  

In the event that DoorFoto elects to no more extended offer the Artwork for sale as a Limited Edition Artwork or DoorFoto has sold all available editions (in all sizes and color ways you provided) of the Limited Edition Artwork, the foregoing exclusive license granted to DoorFoto shall convert to a perpetual non-exclusive license, without limiting any of the other licensed rights set forth above (such conversion to a non-exclusive license, the “License Conversion”). For the avoidance of doubt, (i) DoorFoto shall retain the sub - licensable (through multiple tiers), perpetual, assignable, royalty-free, fully paid-up right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) the copyright and all other intellectual property, “moral,” and other rights in the Work on a non-exclusive basis, including, without limitation, the right to copy, reproduce, make derivative works and sell or offer for sale the Work and products bearing the Artwork or derivatives thereof or incorporating the work or any derivative thereof, and to allow others to do the same and (ii) License Conversion shall not terminate or otherwise impact, limit or restrict DoorFoto’s ownership of any DoorFoto Product (as defined below) or the license granted by you in connection with any such DoorFoto Product as set forth below.

Notwithstanding anything to the contrary in these Terms and Conditions, to the extent DoorFoto elects to launch (rather than your self-launch of) a Fabric Door Wrap product incorporating or constituting a derivative work of your winning Artwork or Matching Items as permitted herein (a “DoorFoto Product”), you (a) acknowledge and agree that DoorFoto shall be the sole and exclusive owner of all right, title and interest in and to the DoorFoto Product, including all the copyright and all other intellectual property, “moral,” and other rights in the DoorFoto Product, excluding the rights that you maintain in the Artwork and/or Matching Items and(b) effective upon such launch by DoorFoto, grant DoorFoto the perpetual, sub - licensable (through multiple tiers), assignable, royalty-free, fully paid-up, irrevocable right to use, reproduce, distribute (through various levels), and publicly display and perform (publicly or otherwise) such applicable Artwork and/or Matching Items and all in intellectual property rights therein connection with DoorFoto’s  Product, including, without limitation, the right to copy, reproduce, and sell or offer for sale the DoorFoto Product, and to allow others to do the same. Without limiting the foregoing, even in the event of a License Conversion, DoorFoto may, among other things, (a) sell the DoorFoto Product without restriction, which may include or be associated with your Artist Name (subject to DoorFoto’s obligation to pay you the Sales Commissions as defined and described below), (b) change or rework the DoorFoto Product by making color or size changes, (c) use the DoorFoto Product on our Site and otherwise to promote DoorFoto, and (d)register the DoorFoto Product with the U.S. Copyright Office or any other copyright office in DoorFoto’s or DoorFoto’s designee’s name. You agree to provide DoorFoto with any information as may be required in order to register the copyright in the DoorFoto Fabric Door Wrap Product if DoorFoto so requests, at no additional cost to DoorFoto. You agree and acknowledge that you will not obtain any rights in or to any DoorFoto Fabric Door Wrap Product, other than the rights you maintain in the Artwork and/or Matching Items and that nothing herein constitutes a license, or other permission, allowing you to copy, reproduce or sell or offer for sale any DoorFoto Product, even in the event of License Conversion.

All Artworks selected for a Prize by DoorFoto may be sold by DoorFoto as limited-edition Artworks (“Limited Edition Artworks”). You acknowledge that specific laws may require DoorFoto to track and disclose the number of copies of the Artwork that exist in any form and otherwise govern the sale of Limited Edition Artworks. In addition to any other rights granted to DoorFoto or anything to the contrary contained herein with respect to your Artwork, for each Limited Edition Artwork: (a) you grant DoorFoto the right to sell the Artwork as a Limited Edition Artwork, including via the Site  and (b) you grant DoorFoto the right to set the maximum quantity available of the Limited Edition Artwork in each size and color way for the purposes of offering the Limited Edition Artwork as a limited edition product and to make all decisions regarding the availability of Limited Edition Artworks for each edition. In addition to the foregoing, DoorFoto may require you to enter into an additional agreements governing Limited Edition Artworks and you agree to execute such additional contracts upon request from DoorFoto and to otherwise comply with all requirements related to Limited Edition Artworks that DoorFoto may make available to you from time to time (including, without limitation, conditions associated with providing DoorFoto with information necessary to comply with laws governing the sale of Limited Edition Artworks). For each Limited-Edition Artwork, the preceding paragraph and any other terms and conditions related to Limited Edition Artworks shall survive any termination of any agreement between you and DoorFoto, including, without limitation, the termination of these Terms and Conditions.

If the Artwork is selected for a Prize, for so long as the Artwork is sold as a Limited Edition Artwork by DoorFoto, you may not reproduce, sell, or otherwise use or distribute the Work or derivatives thereof, in any manner whatsoever or allow others to do so, including making products bearing the Artwork or derivatives thereof or incorporating the Work or any derivatives thereof in any form, including for your personal use or as gifts to friends or other third parties, provided, however, if the Artwork was created from a tangible single original work (e.g., a painting), DoorFoto grants you the right to display the original work and transfer it to someone else, but you, and anyone who obtains the original work from you, cannot reproduce or authorize others to replicate the original in any medium or create derivative works of the original work. In the event of License Conversion, you agree that you will not or allow any other person to reproduce, sell, or otherwise use or distribute the Work in the size and color ways in which DoorFoto sold the work as a Limited-Edition Artwork prior to the License Conversion.

Nothing in these Terms and Conditions obligates DoorFoto to promote or sell the Artwork or the Matching Items, even if the Artwork is selected for a Prize.

If the Artwork is selected for a Prize, then we shall pay you a lump sum cash Prize amount and a Sales Commission, as set forth below and in the applicable Contest Prize Overview. All Prize amounts are in U.S. dollars. DoorFoto may, in its sole discretion, also select Editor’s Picks and/or recognize other categories of top Artworks (including as voted by DoorFoto) as Prize winners, as specified in the applicable Contest Prize Overview, each of which will be deemed selected for a Prize.

If the Artwork is selected for a Prize by DoorFoto at any time after the Trial Period, DoorFoto may notify you of its selection, and you may accept or reject the Prize. To the extent that you allow the Prize for any Artwork selected after the Trial Period, these Terms and Conditions will apply to your Artwork, including the Prizes and Sales Commissions outlined in the applicable Contest Prize Overview. Concerning an Artwork submitted in this Contest that was not selected for a Prize, the Prizes and Sales Commissions set forth in these Terms and Conditions will not be applicable to any future use of such Artwork by DoorFoto or any future sales of such Artwork, including sales via your DoorFoto Store, if applicable

The potential winners will be notified by email or phone. Each potential winner (parent/legal guardian if a minor in his/her state of residence) will be required to complete, electronically sign and submit a Declaration of Compliance within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted within the required time period (if applicable) prize is returned as un-deliverable, potential winner forfeits prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, DoorFoto reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign a Declaration of Compliance on the potential winner’s behalf and fulfill any other requirements imposed on winner set forth herein. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, DoorFoto will award the applicable prize to an alternate winner from among all remaining eligible entries.

SALES COMMISSION

You will be paid a commission on Net Sales of any DoorFoto products sold by DoorFoto that wholly incorporate the Artwork or the Matching Items (“Commissionable Items”) (such commission, the “Sales Commission”). Commissionable Items shall include (a) Fabric Door Wraps wholly incorporate the Artwork or Matching Items and (b) with respect to any DoorFoto products that wholly incorporate the Artwork or the Matching Items, shapes or other changes to basic form factor. “Net Sales” is defined as the retail price received by DoorFoto from its customer (i.e., the amount charged after any promotional discounts, shipping, and taxes) for the sale of Commissionable Items, excluding chargeback’s and returned and/or defective products. DoorFoto may offer any products incorporating the Artwork or the Matching Items at any price, for any amount of time in any market, in DoorFoto’s sole discretion. Sales Commissions shall be paid to you within 90 days from the end of each calendar quarter in which they were earned. Calculation of Sales Commissions shall be in DoorFoto’s reasonable discretion and shall not be subject to audit or other verification by you. If DoorFoto believes that you have breached any provision of these Terms and Conditions, then DoorFoto may cancel or suspend any payments of Sales Commissions to you without prejudice to any other rights DoorFoto may have against you.

You alone shall be responsible for the payment of any tax that arises as a result of receiving payment from DoorFoto, as we will not withhold any taxes from the Prize or Sales Commissions paid to you. If your Artwork is selected for a Prize, the cash Prize will be sent to you within 90 days after DoorFoto receives a high-resolution artwork of the Artwork and all other requirements set forth in the applicable Contest Prize Overview, including any suitable Matching Items. If, after providing you with written notice to produce high-resolution artwork, DoorFoto does not receive high-resolution artwork for the Artwork selected for sale within 14 days, then DoorFoto reserves the right to withdraw your Prize and refuse your payment for the use of the Artwork and Matching Items. You may not submit any materials, including, without limitation, photographs or otherimages, text, graphics, videos, visuals, sounds, data, files, links, or other materials including the Work (“Materials”) that could infringe any rights of privacy or publicity, copyrights, or other intellectual property rights, unless you have the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown or who have rights in or to the materials. Furthermore, you may not submit any Materials that may give rise to any civil or criminal liability under applicable law or expose DoorFoto or its legal affiliates or partners to the threat of the same. We reserve the right to delete, move, or edit images, or suspend viewing or printing of any Materials if, in our sole discretion, we deem any submission abusive, defamatory, or in violation of laws or rights of privacy or publicity, copyrights, or other intellectual property rights or otherwise inappropriate or potentially to lead to civil or criminal liability. In the event that you post, submit, or upload non-Artwork Materials (i.e., Materials other than the Work) (“NAM”), such submission will not change the ownership status of those NAM, and you hereby grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through various levels), create derivative works of, and publicly display and perform (publicly or otherwise) such NAM. Please note that, while you may retain ownership of your NAM, any design, template, or layout in which you arrange or organize such NAM through tools and features made available through DoorFoto is not proprietary to you and can be used by DoorFoto and others for any purposes. You acknowledge and agree that you have no rights in any such design, template, and/or layout, and such model or plan is the sole and exclusive property of DoorFoto or its licensors.

You represent, warrant, and covenant that (a) you own or otherwise possess all necessary rights with respect to the Materials, (b) the Materials do not and will not infringe, misappropriate, use, or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, and (c) you consent to the use of your likeness and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Materials to use such individual’s likeness, for purposes of using and otherwise exploiting the Materials in the manner contemplated by these Terms and Conditions or, if any such identifiable individual is under the age of eighteen, you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to DoorFoto a copy of any such consents, releases, and/or permissions upon DoorFoto’s request).

Please note that our community members may report Materials that they believe to be inappropriate. DoorFoto has the right, but not the obligation, to remove Materials in response to user reports or requests. DoorFoto is not responsible for and will have no liability for, the removal or non-removal of any Materials.

GENERAL

Submission of the Artwork and checking the box and acknowledging that you have read and agree to these Terms and Conditions and the applicable Contest Prize Overview constitutes your acceptance of the Terms and Conditions and applicable Contest Prize Overview and creates a binding contract under Florida law. You may not assign or otherwise transfer any right or obligation herein without the prior written consent of DoorFoto, which may be withheld in DoorFoto’s sole discretion. DoorFoto may assign or otherwise transfer any right or obligation herein without your consent. Any dispute between you and DoorFoto shall be decided under Florida law, via binding arbitration in accordance with applicable rules of the American Arbitration Association. Any such arbitration demand shall be filed in Hillsborough County Florida within one year of the date that any claim may arise.

In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by DoorFoto in its sole discretion, DoorFoto may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. DoorFoto reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, DoorFoto reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by DoorFoto to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

 

SALES COMMISSIONS:

 Product

Sales Commission

 

Fabric Door Wrap

 15%

 

 

CONTEST PRIZE OVERVIEW:

Please see pages 1-2 from the Design Challenge download kit for an overview of the prizes and sales commission for each Contest. Specifically, review the following sections:

TOP-PLACED PRIZES, AS VOTED BY DOORFOTO (PAGE 1-2)

EDITORS’ PICKS AWARDS, AS CHOSEN BY DOORFOTO’S EDITORIAL COUNCIL (PAGE 1-2)

ONGOING SALES COMMISSIONS, (PAGE 1-2)

EDITORIAL COUNCIL (PAGE 1-2)

ONGOING SALES COMMISSIONS, (PAGE 1-2)

RELEASE AND LIMITATIONS OF LIABILITY

By participating in the Contest, entrants agree to release and hold harmless DoorFoto, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

DISPUTES

Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Florida. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of DoorFoto in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Florida, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Florida.