DesignContest.com (hereinafter, referred to as ‘Website’) is owned, managed and operated by Hanei Marketing Inc. (hereinafter, referred to as ‘Company’ or ‘We’ or ‘Our’ or ‘Us’), a Delaware Corporation. By using any of the services or features offered through this Website, the users (hereinafter, referred to as ‘You’ or ‘Your’) agree to be legally bound by the clauses and provisions contained in this Terms of Service Agreement (hereinafter, referred to as ‘Agreement’). If any of the clauses contained herein is unacceptable, Your sole remedy is to cease further use of this Website.
We reserve the right to take any action permissible by the relevant applicable law against any user found in violation of this Agreement including, without limitation, suspension and termination of the user account without notice; and withholding of payments due to such user from the Company.
Further, We reserve the right, in Our sole discretion, to make changes to, and update, this Agreement anytime. All such updates and changes shall come into effect as soon as these are posted on this web page. Your continued use of any of the service(s) offered on this Website expresses your implied consent to the acceptance of the modified Agreement. Any substantial changes or updates to this Policy shall be notified to the registered users of the Website. However, We strongly recommend You to periodically check this page for latest updates to this Agreement.
Last Updated on: March 26, 2013
Description of Services
his Website offers an online platform where the customers (hereinafter, referred to as ‘Contest Holders’) can place their requirements for web design, logo design, and graphic design for the registered designers in the form of a contest (hereinafter, referred to as ‘Contest’ or ‘Contests’) for the designers to compete for the prize offered, forcing them to push the limits and create innovative new designs.
This Website is meant for use only by the users who are eligible to enter into a valid contract under the applicable law. Minors are, therefore, not allowed to use any of the services offered on this Website. By using any of the service(s) offered on this Website, You represent and warrant that –
1. You have the right, authority, and capacity to enter into this Agreement;
2. You shall abide by all the terms and conditions contained herein; and
3. You are of or over fourteen (14) years of age; Will require parents permission in the written form to participate or to claim the prize amount if under eighteen (18) years of age.
4. You are not holding any account, directly or indirectly, on this Website;
5. You are not legally barred from entering into a lawfully executed contract under any of the applicable jurisdictions; and
6. You shall not indulge in any activity or omission that is considered unlawful under any applicable law.
The Company reserves the right to accept or reject the registration application of any user at its sole discretion without assigning any reason to anyone.
Classification of Designers
The designers on this Website are classified into three categories with varied rights:
1. Apprentice Designer: Unless You have completed the Designer Questionnaire available on the Website, an Apprentice Designer has no right to post designs on the Contests on the Website.
2. Designer: A Designer on the Website is one who has completed the Designer Questionnaire available on the Website and is eligible to post designs on the Contest on the Website.
3. Elite Designer: A Designer becomes an Elite Designer upon acceptance of the online application form by the Company. In order to become an Elite Designer, You must be a member of the Website and apply online via an application form available on the Website. We reserve the right to accept or reject Your application for Elite Designer status in Our sole discretion without assigning any reason to anyone.
The registered users of the Website may access their account by keying in their preferred username and password as assigned to them upon completion of the registration process. Both username and password are case sensitive. You shall be solely responsible and liable –
1. for maintaining the confidentiality, integrity, and security of Your password;
2. for any disclosure of Your password to any third party, via any online or offline media including, without limitation, message boards, public or private forums, blogs, social networking websites, etc.;
3. for using the account of another member, at any time;
4. for all uses of Your account – authorized or unauthorized – and;
5. to notify Us immediately, if You suspect any unauthorized use of Your account or access thereof
1. You are advised to refer to Our recommended and applicable fee structure for running a Contest on this Website at the following link: http://www.designcontest.com/help/index.php?/Knowledgebase/Article/View/17/0/what-are-the-fees-for-running-a-contest
2. The Contest Holders may pay to the designers for goods and services provided by them by exchanging Design Contest Credits in return for those goods and services.
3. The Design Contest Credits may be purchased at any time via interactive feature offered through the Website.
4. The Design Contest Credits may be purchased in any permissible currency via Your credit card, PayPal or any other method of payment specified from time to time on such interactive feature offered through the Website.
5. Design Contest Credits can be of two types: (a) Dollar Credits, and (b) Bonus Credits.
6. Each Dollar Credit is equivalent to one (1) United States (US) dollar; while Bonus Credits do not carry any currency and can only be used to purchase or obtain discounts on certain goods and services specified by the Company in its sole discretion from time to time.
7. Design Contest Credits can be exclusively used to exchange goods and services in accordance with pricing and rules as specified by the Company in its sole discretion from time to time. For clarification purposes, Design Contest Credits are not legal tender and cannot be traded or sold to third parties.
8. The Dollar credits are rounded off to the nearest whole number in case of any fraction in the credits.
9. All Design Contest Credits – Dollar Credits and Bonus Credits – held by You shall expire twelve (12) months from the date that You last spent any Dollar Credits to purchase any goods or services from the Website. All the remaining unspent Design Contest Credits, upon expiration, shall be forfeited.
10. The Design Contest Credits may also be withdrawn in the permissible currency, in accordance with the prevalent rules, at any time by using interactive feature offered through the Website. However, the Company reserves the right to deduct any administrative and/or processing charges from such withdrawals. We shall inform the deductible charges before confirming all withdrawal requests.
11. All withdrawals in a currency other than US dollars will be made at an exchange rate determined by the Company in its sole discretion. You agree to bear all risks in relation to any loss suffered on account of the exchange of US dollars to another currency.
12. We reserve the right to fix a minimum and/or maximum amount for all withdrawals.
13. The payment of all applicable taxes payable by the Contest Holders and the designers participating in the Contest offered through this Website shall be the sole responsibility of the respective Contest Holders and designers. The Company shall have no liability whatsoever towards such taxes, levies, or charges due to any governmental or non-governmental authority.
14. In case of a suspected breach of any of the terms contained herein, the Company reserves the right to withhold all withdrawals till such breach is rectified in accordance with the terms contained herein or the applicable law. We further reserve the right to make any chargeback or reversal payment from the designer’s account in case any refund is payable to the Contest Holder pertaining to the sale of design by the designer.
15. The Website is neither a bank nor an escrow service. We do not hold any property on behalf of any person. All amount deposited or paid to the Website is the property of the Company and We reserve the right to use such funds as We deem fit, subject to the provisions contained herein.
Special Terms for Designers
In addition to the provisions contained herein, the designers also undertake to abide by the following terms:
1. You agree and undertake to abide by and comply with all the applicable laws, rules, and regulations while interacting and dealing with the Contest Holders via any of the features offered through this Website.
2. If You win a Contest, You shall be solely responsible to deliver to the Contest Holder all the deliverables within an agreed upon period of time. However, in case the Contest Holder has materially changed the scope of the Contest after You were selected as the winner of the Contest or You are unable to communicate with the Contest Holder, You shall have no liability towards the Contest Holder. Further, in such an event, You agree to contact Us immediately for remedial action.
3. The deliverable design must not comprise of Your firm branding or any watermark of any kind whatsoever.
4. All logos must be created in vector format. You may not include any raster based elements. For more details, please refer guidelines on this page: http://www.designcontest.com/help/index.php?/Knowledgebase/Article/View/47/6/creating-vector-files
5. You warrant and represent that You own or otherwise have license to all the legal rights to the deliverables.
6. All rights to the design vest with the Contest Holder once You have been fully paid for the designs by the Contest Holder. You agree to release all rights in such design including, without limitation, copyrights, patents, design rights, trademarks, etc. Further, You agree and undertake not to resell or offer to resell such design to anyone. In case of a private Contest specifically posted for the designer, the designer can seek written permission from the Contest Holder to display the design as part of his or her portfolio.
7. You agree not to communicate or attempt to communicate with the Contest Holder outside the interactive features afforded on the Website. Further, You warrant that You shall not reveal any contact information including, without limitation, Your email address, IM name, phone number, fax number, physical address, etc., to the Contest Holder.
8. You undertake not to indulge in any act or omission on this Website that may result in depreciation in the reputation of the Contest Holder(s).
9. You agree to communicate Us immediately when You have sent the deliverables to the Contest Holder.
10. You undertake not to use any robot, spider, scraper or other automated means to access this Website for any purpose.
11. You agree not to circumvent or manipulate Our fee structure, the billing process, or fees owed to Us, or cheat Our systems in any manner whatsoever.
12. You are expressly prohibited from indulging in spam using any of the features offered through this Website.
13. You are expressly prohibited from spreading technological nuisances, like viruses, Trojans, worms, or other programs that amount to damage, destruction, detrimentally interfering with, surreptitiously intercepting, or expropriating any system, data or personal information on other computer systems on the Web.
14. You are expressly prohibited from resorting to personal attacks, negative or unfair criticism or other forms of discourteous and unprofessional online conduct or practices through any of the features offered through this Website. Further, any illegal act, including but not limited to, pornography in general, child pornography, defamation, profanity, etc. is strictly prohibited from being transmitted or propagated through any of the features offered through this Website. We reserve the right to remove such content from the Website at any time without any notice to anyone.*}
15. Once a user’s account is suspended or terminated for violation of any clause of this Agreement, such user is prohibited from opening a new account on this Website. If it is found that a suspended or terminated user is operating through another account, he or she shall forfeit the balance of all his or her accounts, and all funds will be returned to the original Contest Holder(s).
General Terms for All Contest Entries
1. In order to enter into a Contest, the designers must first create a Contest Entry. You must follow the specified guidelines as set out by the Contest Holder while creating the Contest Entry.
2. Upon completion of a Contest Entry, the designer must submit a reply to the Contest topic that contains his or her entry. A short description of the design may also be provided in the reply.
3. Only one design per Contest Entry is permitted.
4. Unless otherwise stated, designers can submit up to seven (7) Contest Entries for each Contest.
5. All Contest Entries must conform to the applicable rules and guidelines as specified on the Website from time to time.
Special Terms for Contest Holders
In addition to the provisions contained herein, the Contest Holders also undertake to abide by the following terms:
1. You agree and undertake to abide by and comply with all the applicable laws while interacting and dealing with the designers through any of the features offered through this Website.
2. You are expressly prohibited from resorting to personal attacks, negative or unfair criticism or other forms of discourteous and unprofessional online conduct or practices through any of the features offered through this Website. Further, any illegal act, including but not limited to, pornography in general, child pornography, defamation, profanity, etc. is strictly prohibited from being transmitted or propagated through any of the features offered through this Website. We reserve the right to remove such content from the Website at any time without any notice to anyone.
3. You are expected to provide as much information as You can about Your requirements in the Contest so that the designers can make informed decisions.
4. You agree to provide Us confirmation regarding the receipt of all deliverables from the designer as soon as feasible.
5. You agree to provide rankings and feedback to the submitted designs.
6. You are expressly prohibited from sharing an idea and/or concept of one designer and ask the other designer to copy or modify such design.
7. Any contest that goes (30) thirty calendar days past the expiration date with no action or contact from "you" the client/contest holder will be considered abandoned and prize amount will be split between the top rated designs in that contest.
DesignContest.com offers 100% Money Back Guarantee. The refund rules and void of such are defined in DesignContest Refund Policy.
Without limiting the foregoing, if you believe that Your rights are being infringed on this Website in a way that constitutes copyright infringement, please contact Us. We will require following information, consistent with the Digital Millennium Copyright Act (DMCA), to redress the complaint effectively and timely –
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that You claim has been infringed;
3. a description where the material that You claim is infringing is located on the Website;
4. Your address, telephone number, and email address;
5. a written statement to the effect that You are acting on good faith belief that the disputed use of the work is not authorized by the copyright owner, its agent, or the law;
6. a statement to the effect made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on behalf of the copyright owner.
Our Copyright Agent for notice of claims of copyright infringement can be reached at:
Attn: Copyright Agent
Third Party Content
This Website may also contain third party links belonging to Our advertisers, partners, and/or affiliates. The content on such linked websites is not managed or controlled by the Company. Therefore, We disclaim any liability for any transaction or dealing by You with any of the linked third party websites. All such cases may be governed by the legal practices and policies of such linked websites.
1. This Website is provided on an “AS IS AND AS AVAILABLE” basis. We disclaim any liability towards suitability and fitness of purpose of the content appearing on this Website for any purpose whatsoever.
2. We disclaim any liability for any unauthorized access of user’s account by anyone other than the registered user.
3. All the Intellectual Property Rights issues and disputes pertaining to the deliverables between the designers and Businesses shall be negotiated by and between the respective parties. We do not arbitrate between the parties in case of any dispute.
4. The authenticity and accuracy of user content on this Website is not guaranteed by the Company. Users relying on such information do so at their own risk.
5. We shall not be held liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Website content resulting directly or indirectly from any cause or circumstance beyond Our reasonable control including, without limitation, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
6. The general content of this Website is informative in nature, and not in the advisory context.
7. Notwithstanding anything to the contrary contained anywhere, nothing shall prevent Us from cooperating with the authorized investigative agencies to the fullest extent permissible under law.
You are given a non-exclusive, non-transferable, and non-assignable license to use this Website subject to the terms contained herein. You expressly undertake not to copy, sell, trade, or otherwise commercially exploit the content and/or services offered through this Website.
The designers own all rights to their Contest Entries on this Website, and can withdraw them anytime unless they have won and the Contest has been paid for by the Contest Holder, in which case, all the right pertaining to the deliverables shall be transferred to the Contest Holder.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to, or arising out of, the content You submit, post, transmit or make available through this Website, Your use of this Website, Your violation of this Agreement, Your violation of any rights of any other person, or any other loss suffered by the company on account of Your direct or indirect conduct.
Limitation of Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL, AT ALL TIMES, BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USERS TO THE COMPANY FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
1. Waiver: Our failure to enforce any right or to act with respect to any breach by a user of any clause(s) of this Agreement shall not be construed as waiver of that right nor waives Our right to act with respect to subsequent or similar breaches.
2. Severance: If any provision contained herein is held invalid or unenforceable by a competent legal authority, such provision shall be struck off and the remaining provisions remain enforceable.
3. No Assignment: You agree not to transfer, assign or delegate Your rights or obligations under this Agreement to any third person without Our express written consent, and any attempt to do so shall be null and void.
We reserve the right to assign this Agreement without any restriction or notice to anyone and at any time to anyone.
All the disputes arising out of or related to this Agreement, or Your relationship with the Company shall be subject to the laws and courts of the State of Delaware, United States of America.