HIRE THE WORLD ENTERPRISES INC. CONTEST SERVICES AND FREELANCE ADDENDUM
Last Updated as of December 6th, 2012
This Contest Services Addendum forms a part of and is subject to the Terms of Service of Hire the World Enterprises Inc. (“HTW”) last updated on December 6th, 2012. All capitalized terms used in this Addendum, unless otherwise defined herein, shall have the meanings for such capitalized terms as set out in the Terms of Service.
EMPLOYER: If you are an individual or a company that hosts a Design Contest or hires a Designer for Freelance Work (an “Employer”), this section applies to you.
Hosting a Design Contest: You may initiate a tender held by you to invite one or more persons to submit a design in response to your requirements and specifications for a Design (a “Design Contest”). Design Contests are hosted using hiretheworld.com (the “Site”). To host a Design Contest, you must, through the Site:
- choose the type of Design Contest you wish to hold. As at the date of this Addendum, a Design Contest will by default be a “Prepaid Contest” (which means the default Design Contest type offered by HTW and is a Design Contest that is not a Guaranteed Contest), unless you, with the express approval of HTW, select that the Design Contest is a “Guaranteed Contest” (which is a Design Contest whereby you guarantee that you will choose a winning design for your Design Contest);
- create your “Design Brief”, specify whether you are holding a “public” or “private” contest, and specify whether you are holding (a) a Budget Contest, (b) a Professional Contest, or (c) an Elite Contest, each as described on the Site;
- advertise your Design Brief to Designers;
- specify the total price which will be paid to the Designer for their winning design awarded through a Design Contest (the “Design Fee”) you wish to pay for the Design;
- specify how long the Design Contest will be open for (subject to any maximum period specified by HTW from time to time);
- specify the other details relating to the Design Contest as required by HTW from time to time; and
- pay HTW the fee payable by you to HTW when a Design Contest is initiated (the “Employer Payment”).
Contest Process: Prior to the close of the Design Contest, you are required to (a) review the Designs submitted, (b) provide feedback, and (c) rank the submitted Designs in your order of preference.
Your obligation to choose a winning design:
- Guaranteed Contest.If you hold a Guaranteed Contest, then you must, by a certain time specified by HTW, select one or more proposed Design submitted as part of a Design Contest (each a “Design Concept”) as the winner of your Design Contest. If you fail to choose a winning Design Concept in accordance with this clause then:
- your Employer Payment will be retained by HTW and the Design Fee will then be distributed to the Designer who participated in the Guaranteed Contest, at the sole discretion of HTW; and
- you will have no right to a refund or to use or reproduce the Designs or Design Concepts submitted by those Designers.
- Prepaid Contest. If you hold a Prepaid Contest and fail to select a winning Design Concept by the time that your Prepaid Contest closes, HTW will select a winning Design on your behalf and your Employer Payment will be retained by HTW. In some circumstances you may seek a refund of your Employer Payment pursuant to your rights arising under the Fees Addendum. If a refund is granted by HTW, HTW will refund the full amount of your Employer Payment less the Listing Fee and any upgrades or add-ons purchased by you.
Your ability to withdraw a Prepaid Contest: You may not withdraw your Prepaid Contest before a winning Design Concept is chosen or before the close of the Prepaid Contest period.
How the Design is delivered: Once you have chosen a winning Design Concept and HTW confirms receipt of your Employer Payment, the winning Design will be delivered to you in a file format specified by HTW. Once the winning Design is delivered to you, you have seven (7) days to perform copyright, trade mark or other intellectual property searches in respect of the winning Design.
Usage of losing Design entries: You must not reuse or reproduce any Design Concept which is not chosen by you as a winning Design.
Assignment of Interest Agreement: By entering into this Addendum, and once you select a winning Design Concept, you and the Designer will be deemed to have entered into an Assignment of Interest Agreement (“Assignment”) in relation to the provision of the Design and your ownership rights in relation to the Design.
Acknowledgement: Without limiting any other warranties given by you under this Addendum, you must only use or provide a Design Brief where its genuine good faith intention is to purchase a Design from a Designer. You must not use HTW to generate ideas and to use these ideas with no intention of purchasing any Design. You further acknowledge that HTW does not perform copyright, trade mark or other intellectual property searches of the Designs that are submitted pursuant to a Design Contest.
Freelance Work. Once HTW confirms receipt of the Employer Payment, and once you and the Designer have successfully executed an Assignment, you may contact the Designer in the future for the provision of other Design related services (“Freelance Work”). You agree that in respect of any Freelance Work completed, you shall pay HTW a fee equal to 10% of the cost of the Freelance Work.
DESIGNER: If you are an individual who creates a Design in response to an Employer’s Design Brief as part of a Design Contest, or if you provide an Employer with Freelance work (a “Designer”), this section applies to you.
Participating in a Design Contest:
- You will have the opportunity to participate in Design Contests hosted by Employers.
- Design Contests will be advertised by HTW via the Site. You may elect to participate in a Design Contest via the methods available on the Site and otherwise specified by HTW from time to time.
Submitting a Design Concept:
- The Design Concept, as submitted, must meet the Employer's Design Brief.
- The Design Concept must be submitted via the Site and/or using any methodology, file format or technology specified by HTW from time to time.
Design Concept: If you submit a Design Concept:
- you undertake and warrant that the Design Concept will not infringe or be a derivative of the intellectual property rights of any type whatsoever throughout the world including all rights which subsist in copyright, patent rights, trademark rights, industrial designs, trade secrets or similar rights recognized at law (“Intellectual Property Rights”), whether or not such rights are registered or able to be registered, of a third party nor will it be a derivative of any Design or Design Concept submitted through the Site by another Designer;
- your Design Concept must not include any image, logo, artistic work, “stock art”, literary work or other item or thing in which Intellectual Property Rights are owned by a third party (“Third Party Work”), unless the inclusion of the Third Party Work is authorized by HTW policies relating to the use of Third Party Works (as those policies exist from time to time); and
- if your Design Concept includes a Third Party Work, you must at the time of submitting the Design Concept:
- specify the Third Party Work used in the Design Concept; and
- set out the license and/or usage rights which apply to the Third Party Work including whether the Employer is required to purchase a license for the Third Party Work.
Being chosen as the winner: If your Design Concept is selected by an Employer as the winning Design, then:
- you must upload the vector file version of the Design, as specified and required by HTW, to the Site for delivery to the Employer and enter into the Assignment of Interest (the “Assignment”);
- HTW will deliver your winning Design to the Employer; and
- once the Employer has confirmed its acceptance of the winning Design, HTW will pay you the Design Fee.
No guarantee of winning a Design Contest or being included: You acknowledge and agree that: (i) you may not have the ability to enter each and every Design Contest; and (ii) HTW or an Employer may restrict your ability to enter any one Design Contest and/or invite only specific Designers to a Design Contest; and (iii) HTW has not made any representation or warranty that you will win any Design Contest or earn any income by participating in a Design Contest.
Assignment: By entering into this Addendum and once an Employer selects your Design Concept as the winning Design, you agree to enter into an <Assignment> in relation to the provision of the Design and the Employer’s ownership rights in relation to the Design.
Acknowledgement: You acknowledge that you shall not receive any payment for any of your submitted Designs unless the Employer makes payment to HTW in respect of such Design.
License. With respect to the Designs that you upload onto our Site or Designs produced through a Design Contest, you acknowledge and agree that you hereby grant to HTW a non-exclusive, transferable, royalty fee and irrevocable license to use the Designs for HTW’s business purposes. The rights herein granted to HTW with respect to your Design which is selected a winner shall terminate upon you and the Employer entering into an Assignment.
Freelance Work: Once HTW confirms receipt of the Employer Payment, and once you and the Employer have successfully executed an Assignment, the Employer may contact you in the future for the provision of Freelance Work.
HTW’s obligations to Employers who host a Design Contest:
- HTW will, via the Site, invite Designers to enter the Design Contest to bid to produce an Employer’s Design as required by an Employer’s Design Brief. Such Designers will be engaged and invited by HTW to submit Design Concepts to the Employer. The actual Designers who are invited to enter the Design Contest will depend on the type of Design Contest the Employer selects.
- HTW will deliver Design Concepts which it receives from Designers to the Employer via the Site. The Employer acknowledges that such Design Concepts will be submitted in a low resolution file format.
- HTW will, via the Site, deliver the completed Design to the Employer once:
- the Employer chooses a winning Design Concept;
- HTW has confirmed receipt of the Employer Payment; and
- the Designer has delivered the Assignment to the Employer.