These Official Rules (“Official Rules”) form a legal binding agreement between you and Ello with respect to each and every Creative Brief on www.ello.co (“Website”) in which eligible individuals (“You”, “Your”, “Artist”) participate and you hereby agree to be bound by these Official Rules and the Rules on the specific Creative Brief ("Creative Brief").
Each and every Creative Brief is hosted by TLNT HOLDINGS S.A., 2-4, Rue du Palais de Justice, L-1841 Luxembourg (“Ello” or “Sponsor”) on behalf of itself or on behalf of its clients (a “Client”) as set forth on the Creative Brief
Unless otherwise stated on the Creative Brief, the Creative Brief is open to Artists aged at least 18, or the age of majority in their country of residence, if this is not 18 or over. Employees of the Client and Ello, Talenthouse IP LLC, its subsidiaries, their immediate family members (parents, step-parents, children, step-children, siblings, step-siblings and spouses, regardless of where they live), anyone that shares a residence with the above at least 3 months out of the year or anyone professionally associated with the Creative Brief are excluded from participation.
You must ensure that your participation is lawful in accordance with the laws of your country of residence. The Creative Brief is void where participation would not be permitted under local national laws. Ello shall not be taken to make any representations, express or implied, as to the lawfulness of participation for an Artist of any particular country.
No purchase is necessary to enter or be selected as Awardee(s) (“Awardee(s)”) of a Creative Brief. However, internet access and an Ello account are required.
Submission Period: The starting and closing dates and times for the Submission Period are specified on the Creative Brief. In the event of unforeseen circumstances outside of our control, Ello reserves the right to extend the Submission Period but will always endeavour to minimize the impact on Artists to avoid undue disappointment.
Selection Period: The period of time that Ello verifies the eligibility of the Artists to participate in the Creative Brief, and the Judging Panel as designated by the Client (“Judging Panel”), reviews and judges all of the submissions from the Artists against the criteria set out on the Creative Brief to select the Awardee(s). The starting and closing dates and times for the Selection Period are specified on the Creative Brief.
Announcement Date: The date following the Selection Period, that the Awardee(s) are announced on the Creative Brief. The Announcement Date is specified on the Creative Brief and may be subject to change.
Where Artist Teams are permitted on a Creative Brief, as specified on the Creative Brief, more than one Artist may collaborate in a joint submission, all members of the Artist Team agree that:
a. the individual whose Ello account is used to submit the Work for the Creative Brief will be designated the leader of the Artist Team (“Team Leader”);
b. the Team Leader is solely responsible for distributing any proceeds resulting from being selected as an Awardee to the other individuals in the Artist Team;
c. all individuals in the Artist Team must have read, understood and agreed to be bound by these Official Rules;
d. all individuals in the Artist Team agree to release and hold harmless Ello, the Judging Panel, and their respective parent companies, affiliates, subsidiaries, divisions, contractors, subcontractors, partners and any other organizations responsible for fulfilling, administering, advertising or promoting the Creative Brief, and all of their respective past, present and future officers, directors, employees, agents, representatives, successors and assigns (“Released Parties”) from any losses, whether directly, indirectly or consequentially out of any dispute between any of the individuals in a Artist Team; and
e. individuals in a Artist Team should consider entering into their own written agreement regarding the individuals’ respective rights and responsibilities to each other in connection with their participation in the Creative Brief.
How to submit your work
To submit an original piece of authorship (the “Work”) for a particular Creative Brief, log into your Ello account (or create one for free), then visit the Creative Brief and follow the instructions ensuring that the requirements specified are followed.
Ello reserves the right to disqualify any Artist or Work that does not comply with these Official Rules in its sole discretion. Ello is not obligated to notify you if your Work has been disqualified and removed from the Creative Brief.
To be an eligible submission, your Work must meet the following requirements:
a. Work must be your own original work, solely created by you;
b. Work submitted may have previously been licensed, used, published or distributed, but you must retain the rights to the work, and be able to license the work to the Client as detailed in the Creative Brief.
c. Work must not have previously won any award;
d. Work must not infringe the copyright, trademark, privacy, publicity or other personal or proprietary rights of any individual or entity, other than any materials, copyright or trademarks provided as part of the Creative Brief;
e. except as provided in the Creative Brief, the Work must not contain, be derived from, or reference any names, products or services of any business, company, entity or any third-party trademarks, logos trade dress or promotion of any brand, product or service; and
f. Work must comply with all applicable law.
Any Work that is defamatory, malicious, indecent, sexually explicit, libelous, or contains inappropriate or otherwise objectionable content, may be disqualified at any time at Ello’s sole discretion.
You may not be:
a. represented under a contract that would limit or impair Ello or the Released Parties’ ability to use, display or otherwise exploit the Work in any form or media; or
b. subject to an acting or modelling contract that would make the submission or appearance in the Work a violation of any third-party rights.
You are solely responsible for obtaining all releases and consent necessary to permit the exhibition, use, license, sale, etc. of the Work by the Released Parties. The Released Parties may request that you provide a copy of a release signed by any individual featured in a Work.
Ello and the Judging Panel reserve the right to disqualify any submission that they determine, violates these Official Rules or the spirit of the Creative Brief. The decision of Ello, and the Judging Panel are final and binding on all matters related to the Creative Brief.
You may update and replace existing submissions with new Work during the Submission Period. This is on the understanding that the new Work will replace the original Work, and the original Work will be disqualified.
All work submitted to the Creative Brief will be reviewed by the Client. Any work deemed defamatory, malicious, indecent, sexually explicit, libelous, or contains inappropriate will be hidden from the brief. All other work will become visible on the Creative Brief during the submission period.
Works submitted during a Submission Period will be judged as described below:
a. Judging Criteria: All valid Works will be judged by the Judging Panel based on the criteria described on the Creative Brief.
b. Selection: Each Work will be evaluated during the Selection Period and scored based on the Judging Criteria. The Artist(s) with the highest score(s) will be deemed Awardee(s) who will receive the incentive described on the Creative Brief (“Incentive” or “Opportunity”). In the event of a tie, the relevant Works will be subject to final vote from the Judging Panel to select the Awardee(s). The odds of being selected as an Awardee depend on the nature, quality and number of eligible submissions received. In the event that an Awardee is disqualified for any reason, Ello and the Released Parties reserve the right to select another Awardee in the same manner.
Following the Announcement Date, the Awardee(s) will receive the incentive detailed in the Opportunity section of the Creative Brief (“Incentive”; “Opportunity” or “Award”) within 90 days. Incentives are not transferable or exchangeable and cannot be redeemed for any other form of compensation. If for any reason an Incentive is not available, Ello and the Released Parties reserve the right, in their sole discretion, to substitute the Incentive for an alternative of equal or greater value (or cash equivalent). If any portion of an Incentive is unclaimed, unaccepted or unused by the Awardee(s), that portion will be forfeited and will not be substituted.
Where an Incentive is not a financial Incentive, the Incentive will be deemed to have no commercial value.
Ello will take all steps to ensure that an Incentive is available, however in the event that an incentive is unavailable for reasons outside of the control of Ello, the Awardee(s) agree to waive and release the Released Parties from any and all liability related to the award of the Incentive.
Notification and Verification of Selected Works
Prior to the award of any Incentive all Awardees are subject to verification by Ello, whose decisions are final and binding in all matters related to the Creative Brief.
During the Selection Period, Awardee(s) will be notified by mail, phone or email, at Ello’s discretion, using the information provided by Artists when creating an Ello account. The Awardee(s) will be required to respond to complete and return a License Agreement and Rights Release Form (granting the Client certain rights as further specified on the Creative Brief) and a Creative Brief Awardee Agreement (“Awardee Agreement”) by the date specified. If an Awardee does not respond by the specified time or if an Awardee fails to abide by these Official Rules, Ello reserves the right to disqualify the Awardee. Ello reserves the right to modify the notification procedures, the Rights Release Form and the Awardee Agreement in connection with the selection of the Awardee(s).
Publicity and Use of Personal Information
Except where prohibited by applicable law, by accepting an Incentive, all Awardees agree and acknowledge that Ello and the Released Parties and any of their respective agents, designees or licensees may, without any limitation or further compensation, use the Awardee’s name, voice, biographical data, likeness, picture, opinions, entry materials, photograph, Work (in whole or in part), hometown and state, and audio or video recording of the Awardee for promotional purposes related to the Creative Brief in any media, worldwide, without further payment or consideration.
Intellectual Property Rights
You must create your Work without using or referencing any works or intellectual property of any other person, except as expressly permitted pursuant to instructions on the Creative Brief. Work submitted may be pre-existing work created by you. If you violate this provision you will be disqualified from the Creative Brief.
By participating in the Creative Brief, you grant Ello and the Released Parties a non-exclusive, limited, worldwide license to copy, modify, transmit, publicly display and exhibit, the Work (in whole or in part) solely on Ello’s and Released Parties’ media channels for promotional purposes in connection with the Creative Brief; to otherwise administer the Creative Brief or; to otherwise market or promote Ello’s services. If you are not selected as an Awardee you will retain all rights in the original portions of your Works, subject to the foregoing limited license.
You acknowledge that submissions are made on a non-confidential basis and that, except for the Awardee(s), no promise of payment has been made for the use of your Works. You further acknowledge that Client engages in the creation, acquisition, and development of creative materials which may coincidentally resemble your Work. As such, you waive all claims of infringement, misuse, or misappropriation of the Work.
Whenever your Work is published by Ello or the Released Parties, all reasonable efforts will be taken to ensure you will be credited. However, failure to provide accurate credit shall be considered an error or oversight and shall not constitute a breach of these rules or an infringement of your copyright.
Limitation of Liability
To the fullest extent permitted by applicable law, Ello and the Released Parties make no representations or warranties whatsoever, express or implied, regarding the Creative Brief, including without limitation any:
a. warranty of merchantability;
b. warranty of fitness for a particular purpose; or
c. warranty against infringement of intellectual property rights of a third party.
To the fullest extent permitted by applicable law the Released Parties accept no liability to you or any third-party for any loss of use, revenue, profit, data, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advice of the possibly of such damage, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
The sole and exclusive maximum liability of the Released Parties for all damages, losses and causes of action related to the Creative Brief shall be one hundred dollars (US$100).
Release, Indemnification and Disclaimer
By participating in the Creative Brief, you agree:
a. to release and hold harmless the Released Parties from and against any and all losses, harm, damages, injury, costs, expenses liability and claims of any kind (including attorneys’ fees), arising out of or relating to your creation or submission of Work, participation in the Creative Brief or any Creative-Brief related activity, acceptance or use or misuse of any Incentive, or the copying, displaying, performing, usage or exploitation of a Work;
b. to indemnify, defend and hold harmless the Released Parties from any third- party claims, or actions of any kind and from any losses arising out of any breach or alleged breach by you in any rules or laws, your participation in the Creative Brief, submission of a Work, or acceptance or use or misuse of any Incentive;
c. that the Released Parties assume no responsibility for any injury or damage to your or to anyone else’s computer, regardless of how caused, relating to or resulting from entering or downloading files, materials or software or any other activity in connection with the Creative Brief;
d. that Talenthouse IP LLC and the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any Incentive or any component thereof, including, but not limited to, express warranties provided by the supplier of the Incentive (or any component thereof) or their affiliates.
Ello and the Judging Panel reserve the right to disqualify you if you are found to be (or are suspected to be):
a. tampering with the submission process or the operation of the Creative Brief or any website promoting the Creative Brief;
b. acting in violation of these Official Rules, or otherwise acting in an unprofessional or disruptive manner; or
c. submitting or attempting to submit to the Creative Brief more submissions than permitted on the Creative Brief through the
use of multiple email addresses or the use of any robotic or automated devices to submit submissions.
If Ello determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Creative Brief, Ello reserves the right to void the submissions at issue or terminate the relevant portion of the Creative Brief, including the entire Creative Brief, or modify the Creative Brief, these Official Rules, or award Incentives based upon the criteria set forth in these Official Rules from all eligible submissions received prior to the termination date.
Payments and Opportunity Fulfilment
Any cash Incentives that are made available to Awardee(s) for specific Creative Briefs, will be paid directly to you by Ello or Client by PayPal, wire transfer or some other payment method agreed upon by you and Ello after receipt of all required documentation and materials within 90 days following the Announcement Date. You shall be solely responsible for any applicable federal, state, local or other taxes and any fees and costs applicable to such Incentives (e.g., wire transfer fees). Ello reserves the right to withhold the relevant portion of such Incentive to cover the cost of any such fees or costs, including without limitation any applicable wire transfer fees. Applicable taxing authorities may treat cash Incentives as income, and you shall bear all tax obligations.
Any non-cash Incentive that is made available to the Awardee(s) for specific Creative Briefs are confirmed, will be fulfilled to you by the Client within 90 days following the Announcement. Ello will share the Awardee(s) email address with the Client to arrange fulfilment directly with the Artist(s).
Ello’s and the Released Parties’ failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. If, for any reason, any Work or other information is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is the opportunity to submit another submission to the Creative Brief if such submission is a reasonable possibility.
Ello reserves the right to exercise any of the rights or obligations that Ello may have under this Agreement by subcontracting the exercise or performance of all or any portion of such rights and obligations on Ello’s behalf as permitted under relevant legislation.
Alternative Dispute Resolution, Governing law and Choice of Forum
To the extent permitted by applicable law, you agree that:
a. any disputes, claims and causes of action against the Released Parties related to the Creative Brief, or Incentives other than those concerning the administration of the Creative Brief or determination of Awardee(s) will be resolved individually, without resort to any form of class action; and
b. any claims, judgements and awards shall be limited to actual damages, and out-of-pocket costs incurred, including costs associated with entering the Creative Brief, but shall in no event include attorneys’ fees.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Artist or Ello or Released Parties in connection with the Creative Brief shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.