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About Private Contest


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#1 Arisix

Arisix

    Member

  • Designer
  • 47 posts

Posted 20 January 2023 - 07:23 AM

Hello all DC admins and moderators.

 

I have a few questions, please help.

 

About private contests.

 

For the winning entries (1st, 2nd, and 3rd place winners), can they be included in the portfolio of designers outside of DC, such as (Dribble, Behance, and so on). In the provisions of the design can be seen many people and the public portfolio.

Can this be done and does not violate the rules of the private contest.

 

We, as project winners, also want to showcase examples of projects that have been completed and succeeded in our public portfolio.

 

Thank you. Have a nice day.

 

Regards

 

 



#2 Babba

Babba

    Lead Moderator

  • Designer
  • 36474 posts

Posted 21 January 2023 - 02:43 PM

Well, far as I know private contests should stay private. Before even enter private contest you clicked NDA agreement, but I guess no one reads it. 

https://www.designco...for-my-contest/

 

 

Confidential Information

“Confidential Information”, as used in this Agreement, means any information about or provided by the Disclosing Party which is not generally known to the public and has any commercial value to the business of the Disclosing Party. Confidential Information specifically includes all contest details provided by the Disclosing Party when creating its contest and all communications between Disclosing Party and Receiving Party.

Confidential Information does not include the information, which:

  • (i) is already in possession of the Receiving Party at the time of disclosure; or
  • (ii) is publicly known prior to time of disclosure, or becomes publicly known after the disclosure through no fault of Receiving Party; or
  • (iii) may be obtained by the Receiving Party from a third party without violating the rights of Disclosing Party or other third parties; or
  • (iv) is subsequently and independently developed by the authorized representative(s) of the Receiving Party who had no access to the Confidential Information.
Confidentiality

The Receiving Party agrees:

  • (i) not to use any Confidential Information for Receiving Party's own use or for any purpose other than to carry out discussions with the Disclosing Party and to participate in the relevant contest;
  • (ii) not to disclose any Confidential Information to any third party;
  • (iii) to take all reasonable measures to protect the secrecy of, and avoid disclosure or use of, Confidential Information in order to prevent it from falling into the public domain or the possession of unauthorized persons.

This Agreement shall not be applicable to the Receiving Party if it can document that the disclosure of Confidential Information:

  • (a) occurred in response to a valid order by a court or other governmental body,
  • (b) was/is otherwise required by law, or
  • © was/is necessary to establish the rights of either party under this Agreement.
Survival on Termination

The obligations of non-disclosure of Confidential Information shall survive the termination of this Agreement unless the Confidential Information no longer qualifies as Confidential Information as defined above, or until Disclosing Party sends Receiving Party a written notice releasing the Receiving Party from its obligations under this Agreement, whichever occurs first.

Relationship

This Agreement does not constitute any partnership, agency, joint venture or other similar relationship between the parties.

Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

No Waiver

Failure to enforce any provision of this Agreement by either party shall not constitute a waiver of such right in case of any future violation of any of the provisions contained herein.

No Amendment

This Agreement may not be amended except with the prior written consent of both the parties.

Entire Agreement

This Agreement constitutes entire agreement between the parties pertaining to the subject matter discussed above, and supersedes all agreements, proposals, representations and arrangements relating to the subject matter discussed above.

Binding Agreement

This Agreement and each party's obligations established through this Agreement shall be binding on such party's representatives, assigns and successors.

 

How ever, you may ask client for approval for your portfolio.

 

On the other hand in my own case, after so many contests and designs I can not remember which one was private. 

If you decide to put it on portfolio then remove company name.



#3 Arisix

Arisix

    Member

  • Designer
  • 47 posts

Posted 22 January 2023 - 05:30 AM

Means that without approval and without knowledge of the client we cannot display the designs in the portfolio even if I am the winner of the contest. If we don't know and accidentally include a design (private contest) in our portfolio, will we get a violation?



#4 Babba

Babba

    Lead Moderator

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Posted 22 January 2023 - 10:48 PM

Arisix, you can not put on DC profile portfolio that's for sure, but what you do outside the DesignContest is not our domain. 



#5 Arisix

Arisix

    Member

  • Designer
  • 47 posts

Posted 23 January 2023 - 01:48 AM

Thank you Babba for the time and feedback you have given me. Have a great day.

 

Thanks.


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