Craft eMarket Competition Terms and Conditions
Competition Terms and Conditions
Win a Handsculpted Crocodile Head valued at R499.
1. This Promotional Competition (“Competition”) is organised by Craft eMarket (“Promoter”).
2. Entry to the Competition is open to both South African & non-South African citizens who are currently either legally visiting or living in South Africa.
3. No purchase necessary to enter. By participating in the competition, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsors, which are final and binding. To enter, complete and submit the online entry form.
4. In addition, by entering all participants hereby opt in to receive competition communication, campaign and marketing content via email.
5. Only one entry per email address. Sponsors cannot be held responsible for computer system hardware, software or program errors, or other failures in computer transmissions or network connections for any entries lost or delayed through email.
6. Entrants under the age of 18 must have the consent of their guardian.
7. The closing date for an entry is 12 midnight on 9 June 2017. Winners will be selected in a random drawing from all eligible entries received by the closing date. Sponsor’s decision will be final. No correspondence will be entered into.
8. Winners will be notified within 5 days of drawing. Winners will be notified by telephone, email or regular mail. In case of the unavailability of any prize, Sponsors reserves the right to substitute a prize of equal or greater value.
9. The prize winner must accept that his/her name and/or likeness may be announced in prize sponsors literature or on the Internet for publicity or advertising purposes without additional compensation, except where prohibited by law.
10. Prizes are not transferable and no substitutions or cash equivalents are permitted. If the prize is not claimed within the specified time limit (7 days) the prize will be forfeited.
11. Queries relating to the Competition can be directed to Craft eMarket Customer Service department by completing our contact form.
T-shirt Design Competition
By submitting your design (the “Design”) to Craft eMarket you express your intention to use the services offered, which include the marketing and advertising of your Design, and the manufacturing, distribution, and sale of your Design on physical products, and you agree to the following terms and conditions (the “Design Submission Terms and Conditions”):
1. Entry to the Competition is open to both South African & non-South African citizens who are currently either legally visiting or living in South Africa.
2. The Design is your own original work and does not contain any trademarks, logos, copyrighted material, any other intellectual property belonging to any third party, or content subject to a third party’s right of publicity or privacy.
3. The Design does not infringe any rights (including but not limited to copyright) of any third party.
4. This is a legal, binding agreement. You represent and warrant that you have the full right, power and authority to enter into this agreement, agree to the Design Submission Terms and Conditions, and that your agreement to them does not violate any other agreement you have entered into with a third party.
5. As between you and Craft eMarket, you own and will maintain ownership of the Design. Craft eMarket does not and will not own the Design because of your submission of the Design.
6. By submitting the Design, you hereby grant Craft eMarket a worldwide, irrevocable, non-exclusive, right and license to use, upload, modify, reproduce, copy, exhibit, create derivative works of, distribute, sell, advertise, and display the Design, in any manner now known or hereafter devised.
7. You also grant Craft eMarket a worldwide, irrevocable, non-exclusive, right and license to use, portray, display and publish your name, appearance, voice, likeness, photographic image, and biographical information, in any and all media now known or hereafter devised.
8. You also understand that Craft eMarket is acting as an independent contractor for you, and will market and advertise the Design to the public, and obtain orders from customers for the purchase of products featuring the Design. Craft eMarket will, and will arrange for third parties to, fulfill customer orders by facilitating payment for the manufacture, distribution, and delivery of products featuring the Design.
9. Craft eMarket may terminate the Non-Exclusive Licenses by providing written notice to you, at the email address provided by you, of Craft eMarkets election to terminate a Non-Exclusive License. Upon such notice, the Non-Exclusive Licenses shall terminate; provided, however, Craft eMarket and any sub-licensees and wholesale parties that sell the Design under Craft eMarket’ authorization, may, at their discretion, sell through any items in their possession bearing the Design and advertise and promote the same, until such time as the inventory of such products is exhausted.
10. If Craft eMarket is able to facilitate the sale of products featuring the Design via the Craft eMarket.com website, you authorize Craft eMarket to collect and hold the retail price (“Retail Price”) of the products from customers. The Retail Price charged to customers who purchase your product includes the (i) manufacturing fees, (ii) Craft eMarket’ fee for hosting the marketplace and facilitating the transaction (the manufacturing fees and Craft eMarket’ fee are referred to collectively, and inclusive of tax, as the “Base Fee”), (iii) your compensation (the “Artist Compensation”), (iv) any relevant tax (such as Sales Tax, VAT, etc), and (v) shipping charges. You authorize Craft eMarket to deduct both (i) the Base Fee and (ii) any shipping charges from the Retail Price of the product(s) featuring your Design(s) before distributing the remainder (i.e., the Artist Compensation and tax where relevant), to you. However, in no event will the Artist Compensation be less 15% per unit sold of the Design on Craft eMarket.com.
11. On certain limited occasions Craft eMarket may include the Design in miscellaneous items such as, without limitation, calendars or books that promote the Craft eMarket brand or community, and Artist will not be owed or paid any amounts or payments for such use.
12. Subject to these Design Submission Terms and Conditions, all payments for Craft eMarket.com sales will be made on a monthly basis within 7 days after the end of each month, following a one month 'pending' period, the Artists bank account. You are required to provide Craft eMarket with your bank account information. Please contact firstname.lastname@example.org if there are any questions or concerns in regard to payment.
13. Craft eMarket's use of the Design and its payments to you are subject to your representation that you own the Design and that the Design does not infringe any third party’s legal rights.
14. You agree to defend, indemnify and hold harmless Craft eMarket, including Craft eMarket’ sublicensees (each an “Indemnified Party”) from and against any and all claims, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising out of or relating to an Indemnified Party’s use of the Design (including reproducing, distributing, adapting, and displaying the Design) and/or a breach or alleged breach of the Design Submission Terms and Conditions by you.
15. The Design must not disparage any person; it must not be indecent, obscene, hateful, tortuous, untruthful, inaccurate, defamatory, slanderous or libelous; it must not promote bigotry, racism, hatred or harm against any group or individual or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
16. You acknowledge that Craft eMarket may decline to render its services to you in connection with the Design by, for example, deciding not to market or advertise the Design, or taking down the Design from Craft eMarket.com, and that this can be done for any reason, at any time, and in Craft eMarket’ sole discretion. You agree that the decisions of Craft eMarket are final and binding.
17. Craft eMarket may, in its discretion, change these Design Submission Terms and Conditions at any time and such changes shall be effective immediately and incorporated into this Agreement. It is your responsibility to review any changes to the Design Submission Terms and Conditions. No modification of this Agreement shall be binding unless confirmed in writing by Craft eMarket.
18. The competition end at midnight on the 30th of June 2017. Winner will be notified via email or Facebook.
19. Queries relating to the Competition can be directed to Craft eMarket Customer Service department by completing our contact form.
By submitting your Design, you acknowledge that you have read and agree to these Design Submission Terms and Conditions.