Terms and Conditions
Section 1: Definitions
a. Participant: the person or legal person who has created an account and has uploaded one or more Concepts to the Brandfighters web site;
b. Principal Participant: a member of a group, who has uploaded the Concept through his account;
c. Assignments: pitches, drawn up by Brandfighters and its partners, or customers, will be entered into a contest, for prize money, calling for the development of advertising material;
d. Client: the company that has drawn up the Assignment;
e. Concept: Material submitted by a Participant, in response to the Assignment;
f. Material: all content on the internet, such as photographs, video, audio, etcetera;
g. Virals: distributable material, originating from Assignments. This may include, for example, YouTube videos (published on website www.youtube.com) and other media content created by Participants, which has the potential to spread itself across the internet like a virus.
h. Views: the number of times that Material is viewed (in the case of videos, this is tallied by Zideo).
Section 2: General
1. These conditions apply to the agreement between the Participant and Brandfighters, for the purpose of producing videos and concepts, commissioned by Brandfighters, to which Brandfighters has declared these conditions to be applicable unless the parties have deviated from these conditions explicitly and in writing.
2. The suitability of any other conditions is explicitly rejected.
3. If, at any time, one or more provisions in these General Conditions are partly or entirely null and void, then the remainder of these General Conditions will continue to be fully applicable.
4. If uncertainty exists concerning the explanation of one or more provisions of these General Conditions, then the explanation should conform to the spirit of these provisions.
5. If a situation develops between a Participant and Brandfighters which is not covered in these General Conditions, then this situation deems to be judged in the spirit of these General Conditions.
6. If Brandfighters does not always require strict adherence to these conditions, this does not mean that its provisions do not apply, or that in other cases Brandfighters would lose the right, to any extent, to require strict adherence to these provisions.
7. Brandfighters will enlist all legal and technical means to avoid a violation of the General Conditions, or to enforce compliance.
Section 3: Intellectual property rights
1. The Participant will always respect the Intellectual property rights of a third party, and will not make any disclosures or reproductions that are in contravention of these rights. In the event that a Participant infringes on the intellectual property rights of a third party, only that Participant will be entirely liable for damages.
2. Brandfighters has the right to notify the proprietor of the infringement, without effect on the liability of Brandfighters, in any way, shape or form.
Section 4: Assignments
1. If a Participant wishes to make use of, and/or wishes to participate in the Assignments and opportunities that are posted on brandfighters.com by Brandfighters and/or by partners of Brandfighters, he/she will comply with said conditions.
2. If participation in an assignment contravenes these conditions, then Brandfighters is empowered to reclaim any prize money that may have been awarded to the Participant, and to exclude the Participant from further participation.
3. Brandfighters is entitled to refuse a Concept submission, if it is of the opinion that such submission does not comply with the conditions of the Assignment.
4. There will be no correspondence with Brandfighters about the substance of the Assignment, the judging of Concepts or the subsequent outcome (for example, the awarding of prizes). If the Concept contains unsuitable characteristics, it will be excluded from participation.
5. Material with any of the following characteristics will be labelled as unsuitable:
- explicit sexual acts;
- dangerous actions;
- explicit or senseless violence;
- hateful rhetoric that is slanderous, such as malicious use of stereotypes that are aimed at attacking or degrading a certain sex, sexual orientation, race, religion or nationality;
- confrontational behaviour, stalking or threatening;
- violation of privacy legislation;
- other unsuitable actions, that are generally denounced;
- other images or inclusions that, in the opinion of Brandfighters or the Client, injure the Client’s brand.
Section 5: Concepts
1. The Concepts will be uploaded to the Brandfighters website by the Participant, and will subsequently be made available by Brandfighters to the Client.
If the Assignment is for an open concept or a video, and subject to approval of the submission by the Client, the concept will be published on www.brandfighters.com. Approved videos will also be published on www.zideo.nl.
2. The jury, consisting of the Client and possible third parties, will select the best submissions from the submissions forwarded by Brandfighters.
3. When a Participant submits a Concept, Brandfighters obtains non-exclusive, transferable rights for its use. The Participant therefore also has the right to publish the Concept in other ways and elsewhere, provided this is in compliance with section 7 and section 8.
4. With a submission, Brandfighters obtains permission to make the Concept available for use, in any manner whatsoever, by third parties.
5. The Participant is not permitted to include personal information in the Concept, which may allow the Client to discover the identity of the Participant.
6. The Participant is not permitted to submit more than one Concept for the same Assignment.
7. Brandfighters reserves the right to renege on forwarding the Concept to the Client, if a concept does not conform to the requirements specified in the Assignment description.
8. If the Client wishes to take over all rights to the Concept from the Participant, then both parties must enter into an agreement which includes the appropriate conditions. Only then will it be feasible to transfer all rights to a Concept to the Client. If the Client wishes to take over all rights of a Concept, then Brandfighters will be responsible for its completion.
Section 6: Liability and warranty
When producing a Concept, the Participant must pay attention to the following details:
a. the Client’s trademark must be described in a positive light;
b. the Material must fit in with the Assignment description;
c. the submitter of the Concept and the producer of the Concept must be one and the same. Use of Material or music where the copyright belongs to someone else, is not permitted without explicit permission from the owner of the copyright.
Section 7: Concept distribution rights
If applicable to the Assignment, the Client will grant the Participant the right to distribute Material approved by the company on the internet. The Participant may not abuse this right and is fully liable if damage is caused to the respective Client.
Section 8: Distribution
1. The Material to be distributed is not allowed to be modified or changed and subsequently distributed, unless explicitly permitted to do so in the Assignment description.
2. The website where the Material may be distributed, shall not, under any circumstances, contain shocking content of a pornographic, sexual or violent nature.
Section 9: Award for the best submission
1. The awards for the top 10 submissions are identified in the Assignment description.
2. The jury decides which submissions are designated as the best and which prize is to be awarded.
Section 10: Prize money
1. Thee prize money amounts mentioned on the website are gross amounts. Awarded prize money is taxable under the legislation on gambling tax. This applies to awards greater than 450€ and totals 29% of the amount. Brandfighters will deduct this amount, so that the net amount of prize money will be paid to the Participant.
2. When a prize is awarded and it appears that the account number submitted by the Participant is incorrect, then Brandfighters will email the Participant, requesting the correct account number.
3. The Participant himself is responsible for the timely submission of the correct bank account number.
4. Prize money may be claimed up to one year after publication of the results. After that, the prize money will be remitted to a charity selected by Brandfighters and the Participant will lose all entitlement to the prize money.
Section 11: Account
1. Before making use of the website services, the Participant must introduce himself on the website by creating an account.
2. It is not permitted to create more than one account per Participant. If this condition is violated, then Brandfighters is entitled to reclaim any prize money that may have been awarded to the Participant, and to exclude the Participant from further participation.
3. In creating the account, the Participant will supply the information requested by Brandfighters. The Participant will be responsible that:
a. information in the account does not infringe on the rights of a third party;
b. information in the account is not given with the objective of representing anyone other than himself;
c. the name is not racist, obscene or objectionable in any way.
4. if the Participant is underage or in other ways not of full legal capacity, then the Participant is only allowed to create and use an account if the Participant has obtained permission from a parent or legal representative.
5. Personal information of a Participant will be processed by Brandfighters as described in the privacy statement.
6. Brandfighters reserves the right to reject and refuse registrations, based on the objectives or target audience of the website.
7. Once a Participant is registered, he is responsible for keeping the information up to date. The information is available for viewing by the Participant at any time, and can be modified if necessary. If a working relationship is created between the Client and the Participant, then Brandfighters will be entitled to a match fee. Both the Client as well as the Participant are obligated to inform Brandfighters if a working relationship is established.
Section 12: Participation in groups
For each Assignment it is possible for several individuals to submit a single Concept as a group. This must take place under one account. The prize money will be remitted to the Principal Participant (i.e. the person who has created the account). The Principal Participant will divide the Prize money among the members of the group. Brandfighters is not responsible for the mediation and settlement of this transaction.
Section 13: Liability of Brandfighters
1. Brandfighters is not responsible for the substance of the Assignment, the judging of Concepts or the subsequent outcome (for example, the awarding of prizes).
2. If Brandfighters is deemed to be responsible in whatever way, then this Liability will be limited as per these provisions.
3. Brandfighters does not accept any responsibility whatsoever, for errors or omissions in the information provided, as displayed on its website.
4. The Participant can in no way derive rights from the information provided on the website. All information is conditional, subject to modifications, typos, mistakes and market developments.
5. Brandfighters does not accept any responsibility for damage of any kind, caused by actions and/or decisions based on information on the website.
6. Brandfighters is never liable for indirect damage, including consequential damage, lost profits, missed savings or damage due to commercial or other stagnation.
7. Limitations included in this section do not apply if damage is due to intent or gross negligence of Brandfighters or its employees.
Section 14: Fraud
1. Fraud, in any form, will be penalized by Brandfighters by immediate exclusion from participating.
2. Brandfighters has the right to check for fraud. If Brandfighters receives indications of fraud, then the Participant will be excluded from participating in the Assignment. There will be no correspondence on this subject.
Section 15: Measures
Brandfighters has the right to take any measures necessary to avoid or end conflicts with legislation, good morals or public order, without being liable for possible damage that may ensue.
Section 16: Right to amend
Brandfighters reserves the right to amend the General Conditions at any time.
Section 17: Relevant legislation
Agreements between the Participant and Brandfighters are subject to Dutch legislation. Potential disputes will be put before the appropriate judge in Amsterdam.
Corporate data
Brandfighters B.V. is registered in the Trade Register under number 34304151, BTW (VAT) number: NL 8220.43.038.B01
General
Brandfighters respects the privacy of the Participant and recognizes the need for proper handling of personal information known to Brandfighters. Personal information: any information that points to the Participant as an individual. Other definitions in this privacy statement that are capitalised refer to definitions included in the Brandfighters General Conditions.
Account
By creating an account and a portfolio at Brandfighters, the Participant agrees that the portfolio and the Participant’s work can be viewed.
Providing personal information
If a company is interested in the talents of the Participant, personal information of the Participant, such as e-mail address, mailing address and full name, will only be handed over to the company after receiving approval from the Participant. Brandfighters will not sell, or make available in any way, personal information to Parties who plan to use this for spam objectives.
Third parties
If a Participant makes use of a service or action from a Client, partner or advertiser of Brandfighters, then the privacy rules of the respective party apply.
Use of cookies
Brandfighters may make use of cookies on its website. If a Participant does not wish to accept cookies, he may indicate that in his browser settings. It is however possible that some components of the website will not be fully functional without cookies.
Newsletter, assignment alerts and other e-mail
After creating an account, the Participant will receive the Brandfighters newsletter no more than twice a week. When a new Assignment is posted on www.brandfighters.com, the Participant will also receive an “Assignment Alert”. This will include the most recent Assignments, as well as deadlines of current Assignments. The Participant may unsubscribe from the newsletter as well as for the Assignment Alert via a link on the newsletter or Assignment Alert.
Other e-mail may include Concept upload confirmations, announcements of results, invitations for award ceremonies, brainstorming sessions and/or a discussion about a work placement or posting. The Participant is not obliged to respond to an invitation.
