Beta Fashion Design Competition Submissions - Legal Terms & Conditions
By agreeing below and in consideration of Betafashion.com evaluating your Design (hereinafter the "Design") for its possible use as the basis of clothing products (the "Items"), you agree to the following terms and conditions ("Design Submission Terms and Conditions"):-
If your Design is selected for use by Betafashion.com, you acknowledge that you assign to Beta Fashion Ltd and its subsidiaries and affiliates (hereinafter collectively "Betafashion.com") the entire right, title, and interest in and to the copyright in your Design including the right to sue for past infringement and the right to further sublicense the Design, for its sole and exclusive use on and in connection with the Items. You also acknowledge that you waive all "moral" rights that you may have in and to your Design.
If your Design is selected, Betafashion.com may use your Design in any manner on or in connection with the Items, including but not limited to: making derivative works of the Design, using the Design on the Betafashion.com website and on promotional material for Betafashion.com, and registering the Design with the UK Copyright Office in the name of Beta Fashion Ltd as the Claimant, and you as the Author. You agree to provide Betafashion.com with minimal information as may be required in order to register the copyright in the Design if Betafashion.com so requests, at no cost.
You may use or continue to use the Design for any other purposes, except those described below.
If your Design is selected, you may not use the Design (or derivatives of the Design) or allow others to use the Design (or derivatives of the Design) on any Items, as described above. In addition, by submitting your Design, you may not reproduce, sell, or submit the Design to others for any commercial purpose for ninety (90) days after the date of submission while the Design is being evaluated by Betafashion.com. Once the ninety (90) days have passed, if your Design is not chosen for use by Betafashion.com, you are free to use the Design for any commercial or non-commercial purpose. However if your Design is used elsewhere, you must notify Betafashion.com by email customerservices@betafashion.com about where and when the Design will be used, so that it can be removed from the Betafashion.com website at that time. In addition, if the Design is used or reproduced for commercial purposes elsewhere, you cannot use the Betafashion.com blogs to promote the Design or the company using the Design. You further agree not to use the Betafashion.com blogs to promote the products and services of any company that operates in competition with Betafashion.com. Betafashion.com reserves the right to choose your design after the (90) days have passed, on the condition that the design has not been used for commercial purposes on any Items, as described above.
You acknowledge that the Design you are assigning to Betafashion.com is your own original work, has not been previously published, and does not contain any trademarks, logos, copyrighted material, or any other intellectual property belonging to any third party, or any material, which Betafashion.com in its sole discretion, deems to be profane or offensive.
You acknowledge that Betafashion.com reserves the right to decline to select a Design for consideration for any reason, including poor design, as further explained in the "Decline Reasons" page of the Betafashion.com website, which are subject to change at any time.
If your design is selected for use by Betafashion.com you will receive, if eligible, an upfront cash prize of £50, store credit of £50, and 10% of the sales revenue generated by products featuring your design. Prize payments are made by PayPal so in order to receive prize money you must have/setup a working PayPal account. Contestants with a UK bank account may request their prize to be transferred direct but Beta Fashion Ltd will not transfer money to foreign bank accounts except via PayPal. In respect of the 10% revenue sharing Beta Fashion Ltd will make this payment to the winning contestant after the relevant product(s) has been withdrawn from sale in the Betafashion.com online store plus an additional 2 week to account for any returns of products we incur. A normal period for a product to stay on Betafashion.com is 3 months, however this is entirely at the discretion of Betafashion.com and time periods may vary. If the product remains on the site for longer than 3 months then you will receive a further £50 in upfront prize money and £50 worth of store credit and you will continue to receive a revenue share up until the point it is withdrawn from sale. Here’s a simple working example of how revenue sharing works;
• A Scarf featuring your winning artwork becomes available for purchase at Betafashion.com
• This product remains on the site for 3 months.
• Over the course of the 3 months 100 units of this product are sold at £35 each.
• Beta Fashion takes £3500 in sales for this product, however 10 of these scarves are returned for a refund, leaving £3150.
• You receive 10% of £3150, which is £315.
Beta Fashion Ltd is at liberty to not disclose any sales information other than the total takings from the relevant product(s) after the aforementioned periods. The total sales revenue taken from a particular product may be constituted of sales at full price, sales at discounted prices, wholesale price to 3rd party retailers, or revenue sharing with 3rd party retails such as concession spaces. Below is a more detailed working example;
• Beta Fashion Ltd produces a Silk Scarf featuring your winning print artwork.
• Over a period of 2 months this scarf is available in the online store at a full price of £35.
• During this period Betafashion.com offer various discounts, such as loyalty discounts, to its customers.
• In the 3rd month Betafashion.com put the scarf on sale at a 30% discount.
• Over the total period 100 of these scarves are sold at full price, 30 sold with 20% discount coupons, and 50 sold in the sale period at a discount of 30%. This gives sales revenue of £3500, £1312.5 and £1225 respectively, totalling £6037.5.
• £400 worth of these sales are returned by the customers refunds, leaving £5637.5.
• You receive 10% of this total - £563.75
The upfront prize of £50 will be paid within 60 days of Betafashion.com receiving the full high resolution artwork deemed suitable for print. If the hi-resolution artwork is not deemed suitable for print as determined by Betafashion.com, Betafashion.com will notify you of the reason(s) for its determination by email and will make a good-faith effort to assist you in presenting a suitable hi-resolution format.
Betafashion.com reserves the right to change these payment terms at any time, by posting them on the Betafashion.com website, and changes will be effective upon posting. Payment will be based on the terms in effect when your Design is selected. You alone will be responsible for the payment of any tax that arises as a result of receiving payment from Betafashion.com.
Participants, who in the opinion of Betafashion.com, do not comply with these Design Submission Legal Terms and Conditions, or for any other reason at Betafashion.com’s sole discretion, can at any time be excluded from consideration without notice.
The decisions of Betafashion.com are final and binding.