1.1.The following terms have the stated meaning in these General Terms and Conditions:
1.2: "Created on Friday" is a multimedia platform, by which calls, produced on behalf of a different client, are placed via (social) media to participate in a contest, relating to a specific, alternating creative field of specialisation. Creatives then can submit their entries for participation. If the design is in line with the pitch requirements it is displayed on the CoF platform (and via social media). The public may then directly validate their favourite entries by adding a like to the entries. The client selects a Top 5 and winner from all the entries, possibly influenced by the validation of the public. The winning design is then being further developed in accordance with the winning Creative, after which possibly a (commercial) realisation process follows.
1.3: General Terms and Conditions apply to all offers made by CoF, work performed by CoF, and/or oral or written agreements entered into by CoF.
1.4: The application of the contestants purchasing conditions or other terms and conditions is expressly excluded.
1.5: If any provision of these General Terms and Conditions is invalid or nullified, the remaining provisions of these General Terms and Conditions will remain in full force, and the contestant and CoF will consult in order to agree on a new provision to replace the invalid or nullified provision that matches the aim and purpose of the invalid or nullified provision as closely as possible.
2.1: All contestants on the Created on Friday multimedia platform must abide by the associated rules of play. By participating on the above platform, the contestant hereby expressly agrees to the specific conditions referred to in this article, as well as the other provisions of these General Terms and Conditions.
2.2: Contestants must submit their entries on time via the platform, i.e. before the deadline stipulated in the call expires. Late entries will lead to irrevocable exclusion from the contest.
2.3: Contestants must ensure that their entries comply with the specific pitch requirements set for the assignment. The failure to comply with the requirements (as communicated via the call and the CoF platform) may lead to irrevocable exclusion from the contest by the client.
2.4: Contestants' files must not contain any viruses, technical defects, or impair the operation of computers, servers, etc.
2.5: Contestants must be at least 16 years of age or have consent to participate from their parents or legal guardian.
2.6: Each contest has specific criteria, which are communicated in the call. The client determines whether entries comply with these criteria, failing which the entry may be excluded from the contest. Entries that CoF findsseparately from these criteriato be insulting, defamatory, offensive, sexist, pornographic, racist, discriminatory, political, extremist, or capitalising on moral dilemmas will be removed from the platform.
2.7: No correspondence can be entered into regarding admission to or exclusion from the contest.
2.8: The public may cast their votes to add a ‘like’ to an entry Each registrated visitor may cast 1 (vote) for each entry. There is no maximum limiet of entries one visitor can like.
2.9: A video presentation of the Top 5 entries may be made by or via CoF. The selected creatives of these entries are prepared and available to cooperate in the recording of this video.
2.10: The client has the exclusive right and obligation to choose a winner from the nominated five best entries. The client will explain the choice for the Top 5 and winner.
2.11: CoF may choose to announce the winner at a national location and may make a filmed report of this for further online communication by CoF or the client. The five nominated candidates must ensure that they are available to travel to this location. Travel costs will be reimbursed on the basis of public transport, 2nd class.
2.12: If monetary prizes can be won in a contest, any tax on games of chance will be deducted and paid over from the amount payable.
2.13: No correspondence can be entered into concerning the result of the contest.
2.14: In most of the cases of Calls the winner will produce the end product (of the design) on the basis of the winning design and in close consultation with the client. The creative is to be available for this purpose in accordance with the presented Call information. The creative may receive a reasonable fee for the working hours spent on producing the end product.
2.15: If no rights are transferred, all intellectual property rights to the design and the end products based on that design (regardless of any adjustments introduced by the client) will vest in the contestants concerned. By participating in the contest, the winning creative grants a licence to the client to use the design, or the end product based on the design, which licence may be limited by duration, territory and type of use. A licence fee for primary, non-commercial use within the Netherlands for a period of one year is deemed to be included in the fee referred to in the previous paragraph. If these licensing conditions are significantly extended, such as for proposed commercial exploitation, the client and creative will agree, in principle, on an additional fee, in the form of a lump sum or a percentage of the sales proceeds. The client must communicate the intended purpose and use of the end product when the contest is announced.
2.16: All rights of use to the video entries with regard to media use are transferred by the creative to CoF at the time of participation. CoF does not owe any fee for this purpose. As a result of this transfer of rights, CoF may use the entry without limitation and exploit it, or have a third party exploit, via all media and in any form, including but not limited to television and radio programmes, telecommunication services, internet sites, other internet applications, etc. If a further deed is needed for the transfer, the contestant must cooperate fully for this purpose. The client may display or redisplay the above audiovisual material on their website by using hotlinks (via embedding). CoF may give consent for other promotional use.
3.1: CoF is not liable for the content or form of designs submitted by contestants. If the design infringes or partially infringes third-party rights in any way, the entitled party must notify CoF directly. The entry will be excluded from participation in that case.
3.2: CoF cannot be held liable if its platform contains incomplete or inaccurate information.
3.3: Contestants give consent to CoF to process their personal data for the purpose of participating in this contest. CoF may include the personal data in its database and must deal with it confidentially and in accordance with the Dutch Personal Data Protection Act [Wet Bescherming Persoonsgegevens].
4.1: The contestant expressly declares that the submitted design and, if opportune, the end product based on that design are original, not encumbered by any rights, and do not infringe anyone's privacy. The contestant warrants consent for publication in respect of anyone else who can be seen in the design or entry.
5.1. The intellectual property rights, in particular the copyright to the submitted design and the end product based on that design, vest in the creative, who/which indemnifies CoF and the client against possible third-party claims in this regard.
5.2. The client is not permitted to remove or change any notice relating to copyright, trade marks, trade names or other intellectual or industrial property rights from or on the end products, including any notices relating to their confidential nature and secrecy.
5.3 The client is not permitted to reproduce the designs and/or end products, in unaltered or altered form, without the creative's prior written consent.
6.1. The legal relationship between the contestant/creative and CoF is subject to Dutch law. Disputes will be settled exclusively by the competent Dutch court unless the parties have agreed in writing to arbitration.
6.2. These General Terms and Conditions are filed with the Eindhoven Chamber of Commerce under number 58438599 and can be consulted on the CoF website: www.createdonfriday.com