TERMS AND CONDITIONS OF THE “ANSWEAR GRAPHIC DESIGN MASTERS” CONTEST
1. GENERAL PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as: “The Terms and Conditions") define the rules and regulations under which the competition called "Answear Graphic Design Masters" (hereinafter: "Contest").
1.2. The Organizer of the Contest is Answear.com S.A. with its seat in Kraków, address: 31-564 Kraków, Aleja Pokoju 18, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 11th Economic Division of the National Court Register under number: 0000816066, REGON: 122515020, NIP: 6793080390, share capital PLN 874,702.75, paid in full (hereinafter: "Organizer").
1.3. The Contest is conducted throughout the world, excluding the Russian Federation and the Republic of Belarus.
1.4. The Contest shall be conducted in the period from 02.11.2022 from 3:00 pm to 31.01.2023 at 11:59 pm.
1.5. The Contest information is posted on the Contest website at: https://masters.answear.com/ (hereinafter as: "Competition Site").
2. GENERAL PROVISIONS
2.1. The Contest Participant (hereinafter referred to as: "Participant") may only be individuals who:
a. at the latest on the date of entry to the Contest have reached the age of 18,
b. have a bank account with a bank,
c. are not citizens of the Russian Federation or the Federation of Belarus,
d. meet the conditions for participation in the Contest as specified in these Terms and Conditions.
2.2. The Contest Participant may not be an employee or associate of the Organizer and members of their families, i.e. spouse, parents, grandparents, children, grandchildren, siblings.
3. CONTEST RULES
3.1. The Contest Participant's task is to perform the following Contest task provided during the Contest period:
a. creation of a minimum of one graphic composition (hereinafter: "Graphic Composition") using image or images of one product designated by the Organizer (hereinafter: "Product"), whereby:
i. image or images of only one Product must be used in the Graphic Composition;
ii. other clothing products, footwear or accessories may not be used in the Graphic Composition;
iii. Products can be presented in the Graphic Composition in any way, in particular: suspended in the air or on another object, laid on a flat surface, presented on a person or animal;
b. Graphic Compositions are to be sent to the Organizer during the Contest period, with the Graphic Compositions to be sent in JPG format and of high quality - min 300 dpi;
3.2. The Contest Site will post files in jpg format containing images of the Products needed for the Contest Entry.
3.3. To participate in the Contest, subject to the other provisions provided for in these Terms and Conditions, the Participant must correctly complete the application form located on the Contest Site: provide the Participant's personal information: name, surname, e-mail address, mailing address, telephone number for contact, accept the Terms and Conditions, consent to the processing of personal data for the purpose of the Contest, and upload the Graphic Composition to the form (hereinafter referred to as the "Application"). By submitting the Application, the Participant declares that he/she meets the conditions that entitle him/her to participate in the Contest.
3.4. A participant may make several Applications.
3.5. Upon publication of the Participant's submission, the Participant grants the Organizer a non-exclusive license to the Graphic Composition submitted by the Participant for the duration of the Contest and one year thereafter, without territorial limitation, in the following fields of exploitation:
- entering into the memory of a computer and other similar devices;
- making the Graphic Composition publicly available on the Contest Site in such a way that anyone can access it at a time and place of their choosing,
- making the Graphic Composition available on the Internet, including, in particular, on the websites and social media (Facebook, Instagram, Linkedin) of the Answear online store operated in the domains www.answear.com / hu / bg /ro / ua / sk / cz / gr / hr /cy /si
3.6. At the same time, the Organizer undertakes to publish Graphic Compositions after the end of the collection of Applications.
3.7. For the avoidance of doubt, the Parties agree that after the expiration of the license period, Answear shall be entitled to use the Graphic Composition for archival purposes and shall not be obligated to remove the Graphic Composition from the places where it has been published pursuant to the Contract.
3.8. By submitting the Graphic Compositions to the Organizer, the Participant declares that:
a. is the author and originator of the Graphic Composition, owns all personal and property copyrights to it, and these rights are in no way limited or encumbered by the rights of third parties,
b. submission of the Graphic Composition to the Contest does not violate any rights of third parties and, therefore, no third parties will come forward against the Organizer in connection with the Organizer's use of the Graphic Composition under the terms of these Terms and Conditions.
3.9. In the event that any entity makes copyright claims against the Organizer in connection with the Organizer's use of the Graphic Composition within the scope of these Terms and Conditions, the Participant agrees to take all actions to indemnify the Organizer from liability, as well as to pay such claims himself, and in the event that they are paid or awarded against the Organizer, to reimburse the Organizer on a recourse basis for any amounts paid by the Organizer and to pay any damages related thereto.
4. CONTEST WINNERS AND PRIZES
4.1. Graphic Compositions are judged by the Contest Committee, in the composition selected by the Organizer (hereinafter also: “Contest Committee").
4.2. The Contest Committee shall undertake activities in accordance with the rules set forth in these Terms and Conditions, and in particular shall select the Winners and decide on the awarding of Prizes.
4.3. Participant can be the Winner of only one place regardless of the number of Submissions.
4.4. The Contest Committee will evaluate the submitted Graphic Compositions and select five winners of the Contest - authors of the most interesting Graphic Compositions and award them 1st, 2nd, 3rd, 4th and 5th place respectively. The Contest Committee will not consider Graphic Compositions that do not meet the criteria specified in item 3.1. above.
4.5. In evaluating the Composition, the Commission will take into account:
a. creativity and ingenuity in creating the Composition;
b. aesthetics of the Composition;
c. diversity of the Composition;
d. product prominence;
e. knowledge of current trends;
4.6. Participants who become entitled to any of the Prizes will be referred to as: “Contest Winners”.
4.7. The Organizer will inform the Contest Winner about the awarding of the Prize by sending an email to the address provided by the Contest Winner in the Application by 15.02.2023, 2023, 11:59 pm. Along with the information about the awarding of the Prize, the Organizer will inform the Contest Winner of the obligation to provide the Organizer with the data necessary for the tax settlement referred to in item 4.14. and the need to conclude the contract referred to in item 5.6. and the effect of failure to submit these documents. Documents will be available in Polish and English and, if so requested by the Contest Winner, also in his native language. Documents in Polish and English will be provided to the Contest Winner when the information on the Prize is sent. In the situation of a desire within 3 days from the date of receipt of information about the prize by the Winner to receive documents in the native language, the documents will be sent to him/her immediately after their translation (at the expense of the Organizer).
4.8. In addition, the list of the Contest Winners (first name, last name) will be published on the Contest Site by 24.02.2023, 2022 at 11:59 p.m. along with images of the winning Graphic Compositions.
4.9. The Contest provides for the following prizes (hereinafter referred to as: "Prizes"):
a. the main prize for the 1st place - EUR 5,000 (in words, five thousand euros) which is the equivalent of 23500 PLN (the equivalent has been converted according to the exchange rate of the National Bank of Poland on the day the Contest began);
b. prizes for the second place - EUR 2,000 (in words: two thousand euros), which is the equivalent of 9400 PLN (the equivalent has been converted according to the exchange rate of the National Bank of Poland on the day the Contest began);
c. prizes for the third place - EUR 1500 (in words: one thousand five hundred euros), which is the equivalent of 7050 PLN (the equivalent has been converted according to the exchange rate of the National Bank of Poland on the day the Contest began);
d. prizes for fourth and fifth place - EUR 1,000 (in words: one thousand euros) which is the equivalent of 4700 PLN (the equivalent has been converted according to the exchange rate of the National Bank of Poland on the day the Contest began);
4.10. Prizes will be paid by bank transfer only. The payment of the Prize is subject to the delivery by the Contest Winner of the form referred to in item 4.14 and the contract referred to in item 5.6. within one month from the date of sending information about the award of the Prize, unless the Contest Winner has expressed a desire to receive the documents in the native language - from the date of sending the documents in the native language. Failure to indicate data by the above deadline will result in forfeiture of the Prize. In such a situation, the Organizer will move the Contest Winners from the lower places to the higher places and identify an additional person who will be entitled to receive the Prize. Payment of Prizes will be made as soon as the final composition of those eligible to receive the Prize is determined.
4.11. Due to the international nature of this Contest, Prizes will be paid to Contest Winners as follows:
a) in the case of Contest Winners residing on the territory of Poland and having a bank account in Polish currency, the Prize shall be transferred by bank transfer to the bank account number indicated by the Contest Winner in Polish currency in the amount specified in item 4.9. above, with the proviso that if the Contest Winner has a currency account in Euro, then item b) below shall apply, unless the Contest Winner expresses a desire to receive the Prize in Polish currency;
b) in the case of Contest Winners with a bank account in Euro, the Prize will be transferred by bank transfer to the bank account number indicated by the Contest Winner in Euro in the amount specified in item 4.9. above;
c) in the case of Contest Winners who have a bank account in a currency other than Euro and PLN, the Prize will be transferred by bank transfer to the bank account number indicated by the Contest Winner in the amount specified in item 4.9. above (in Euro currency) less any costs of converting the amount from Euro currency to the currency in which the account is held and any other possible costs resulting from the rules of the bank in which the Contest Winner's bank account is held;
4.12. In addition to the Prizes, the Organizer will award each Contest Winner a cash prize in an amount equivalent to 11.11% of the Prize (specified in Polish currency). The amount of the cash prize will correspond to the amount of income tax charged to the Winner in connection with winning the the Contest. The Contest Participant agrees that the cash prize, prior to the release of the Prize, will be collected and paid into the account of the appropriate tax office by the Organizer, as the payer of the lump-sum personal income tax on the Contest winnings.
4.13. Notwithstanding the above provisions with regard to personal income tax settlement for winning the the Contest, Contest Winners who do not have a residence in Poland for tax purposes are required to independently verify and fulfil tax obligations in their country of tax residence resulting from winning the Contest.
4.14. In connection with the need for the Organizer to settle the lump-sum personal income tax on the Contest Prize, the Participant is obliged to provide the Organizer with the necessary data for tax settlement. The Participant is required to fill out a form with the necessary data for tax return and send the completed form to the address specified by the Organizer before the Prize is issued. The form will be available in Polish and English , and, if so requested by the Contest Winner, also in his native language. The cost of translating the form is the responsibility of the Organizer.
4.15. In the event that it turns out that the Contest Winner is a person who does not meet the conditions specified in the Terms and Conditions, such person forfeits the right to claim the Prize.
5.1. The Organizer shall acquire from each Contest Winner, without any obligation to pay remuneration, but only in exchange for the Prize received, as of the moment of providing the information referred to in item 4.7. above, the author's economic rights to the Graphic Composition in the following fields of exploitation without time and territorial limitation:
a. in terms of fixation and reproduction - production of copies of the work in any technically possible form and reproduction by any technique in any number of copies, including in particular digital, printing, reprography, magnetic recording without limitation in the number of copies,
b. marketing, lending, exhibition, display or rental of copies of the work,
c. use of the entirety or individual elements of the Graphic Composition for the creation of any advertising materials, and use of them as part of advertising materials, through their fixation and reproduction by techniques described in letter a above, as well as marketing, renting, lending, and making them available to the public in such a way that anyone can have access to them at a place and time of their choosing,
d. entering into computer memory,
e. distribution and making available in such a way that individuals can access the Graphic Composition at a time and place of their choice on information networks, including the Internet,
f. broadcasting via wired or wireless network by terrestrial stations, including placement of the Work on any media used for advertising and promotion, including in particular: billboards, press, cinema, flyers, newspapers, POS;
g. dissemination, in the fields of exploitation specified in this contract, of all or parts of the Graphic Composition in activities based on publishing and distribution, promotional and advertising materials organizing promotional and advertising actions;
h. collective edition in book form (albums, catalogues, lexicons, calendars), multimedia publications - alone or in editions with works by other authors;
i. distribution in the fields of exploitation specified in this contract, in whole or in parts, alone or in combination with the works of other authors;
j. marking with the Graphic Composition or any part thereof any goods marketed by the Organizer and used by the Organizer;
k. using the Graphic Compositions at the discretion of the Organizer for promotion, advertising, including publicity, of the Organizer and goods marketed by the Organizer o the market and for design and interior design;
l. using Graphic Compositions in whole or in part and in the form determined by the Principal for marketing purposes of the Organizer;
m. permanent or temporary reproduction of Graphic Compositions in whole or in part by any means and in any form, in particular by electronic, magnetic and optical recording on any media, including computer disks and using the World Wide Web;
n. modifying the Graphic Composition and distributing it in the modified form in the fields of exploitation specified in detail above;
5.2. The Contest Winner authorizes the exercise of derivative copyrights in the Graphic Compositions, in the fields of exploitation indicated in item 5.1. above and also authorizes the Organizer to allow third parties to exercise derivative rights in the Graphic Compositions.
5.3. The Contest Winner authorizes the Organizer to exercise moral copyrights in the Graphic Compositions on his behalf and to grant a third party such authorization.
5.4. The Contest Winner undertakes not to make any claims against the Contest Organizer for the Organizer's use of the submitted Contest Entries, Graphic Compositions in accordance with the provisions of these Terms and Conditions.
5.5. The Organizer may transfer its acquired copyrights in the Graphic Compositions to third parties and provide third parties with a license to the Graphic Compositions without the Contest Winner's consent, to which the Contest Winner hereby agrees.
5.6. The Organizer and the Contest Winner will confirm in a contract concluded in writing the transfer of copyrights to the Graphic Composition in exchange for the Prize. The contract will include, in particular: fields of exploitation, authorization to exercise subsidiary rights in the Graphic Composition, and authorization to exercise personal copyrights in the Graphic Composition. The contract will be governed by Polish law and will be available in Polish and English, and if so requested by the Contest Winner, also in his native language. The cost of translating the contract is the responsibility of the Organizer.
6. FINAL PROVISIONS
6.1. The Terms and Conditions of the Contest are available at https://masters.answear.com/ on the Contest Site.
6.2. The provisions of these Terms and Conditions of the Contest, in particular those relating to copyright, are governed by Polish law.
6.3. In the event of a possible dispute arising in connection with the Contest, the competent court shall be the court having jurisdiction over the seat of the Organizer.
6.4. The Terms and Conditions are available in two language versions in the Polish version and the English version. In case of discrepancies between the two language versions, the Polish version will prevail.
6.5. The Participant may ask the Organizer to translate the Contest Terms and Conditions into the Participant's native language if the Participant is not fluent in Polish or English. The cost of translating the Terms and Conditions shall be borne by the Organizer.
6.6. The Organizer reserves the right to change the Terms and Conditions. The Terms and Conditions will be amended as soon as the amended Terms and Conditions are published on the Contest Site. An amendment to the Terms and Conditions may not limit the rights already acquired by Participants.
6.7. A Contest Participant may file a complaint about the way the Contest was conducted. Complaints will be resolved by the Organizer within 14 days from the date of receipt of the complaint.
6.8. To lodge a complaint or grievance about the mode of the Contest, its rules or in all other matters concerning the Contest, please notify the Organizer by sending an email to email@example.com. The complaint should contain the name, surname, address of the Participant, as well as an indication of the reason for the complaint and the specific behaviour of the Organizer. Complaints can also be sent to the Organizer's registered address.
6.9. All information about the Contest contained in promotional and advertising materials is for support purposes only, the scope of rights of Participants and the Organizer is defined by these Terms and Conditions.