Fnatic x Alwaysfnatic | Terms & Conditions
1. THE PROMOTER
The promoter of the competition is Fnatic Ltd of 2 Ebor Street, London, E1 6AW (“Fnatic”).
2. THE COMPETITION
2.1. The title of the competition is: Fnatic x Alwaysfnatic | Design your drip.
2.2. Fnatic is holding a t-shirt design competition for its community. Fnatic will choose its four favourite designs. These four designs will then be put to a public vote and the two most popular, as voted for by the public, will win the competition. The prize-winning designs will be added to shirts and placed for sale on the Fnatic Shop. The winning designers will also receive a cash prize.
3. HOW TO ENTER
3.1. The competition will run from 17:00 BST on 10/09/21 (the “Opening Date”) until 23:59 BST on 19/09/21 (the “Closing Date”) inclusive.
3.2. All competition entries received after the Closing Date are automatically disqualified.
3.3. To enter the competition email email@example.com with your design (complying with the requirements listed in Clause 3.4 below) along with your full name and your age before the Closing Date.
3.4. If you are under 18 you must get permission from a parent or guardian to enter. If you win, Fnatic may request proof of parental or guardian permission before you can claim the prize.
3.5. The base colour of the t-shirt must be white or black only.
3.5.1. The design can only be on the front and/or back, with a maximum print area of 330mm width x 490mm height each.
3.5.2. A design cannot be printed over edges or seams.
3.5.3. Keep your design to a maximum of 1-3 colours, including black and white.
3.5.4. Use a transparent background, unless it's part of your design.
3.5.5. Artwork should be high resolution (300dpi).
3.5.6. Your design should be sent in as a PNG file of max 10MB and you should also send your working file AI/PSD or EPS.
3.6. Below are some design tips to help you get started:
3.6.1. As a general guideline, use 12 points or above for fonts and 0.3 stroke size for lines.
3.6.2. Intricate detailing shall be kept to a minimum to avoid bleeding.
3.6.3. Designs might appear differently printed than on-screen. We recommend exporting files to an RGB colour space for a more accurate reflection of the final print
3.6.4. Best avoid drop shadow, gradient effects or overlapping shapes with different colours as this might print differently.
3.7. By submitting your design to Fnatic, you are agreeing to be bound by these terms and conditions.
3.8. For help or questions regarding entries, please contact firstname.lastname@example.org.
3.9. After the Closing Date, the competition entries will be judged by a panel of four Fnatic judges. The judges will shortlist the top four candidates’ designs and these designs will be put to a public vote between 21/09/21 and 12:00 BST on 24/09/21.
3.10. The decision of the panel of judges and the public vote will be final.
3.11. On or around 24/09/21 the two most popular designs will be announced and will win the Prizes set out in Clause 5.
4.1. The competition is open to anyone, except:
4.1.1. employees of Fnatic or its holding or subsidiary companies;
4.1.2. employees of agents or suppliers of Fnatic or its holding or subsidiary companies, who are professionally connected with the competition or its administration; or
4.1.3. members of the immediate families or households of (i) and (ii) above.
4.2. If you are under the age of 18, you must obtain parental or guardian consent to enter and claim your prize. Fnatic may ask the winner to provide proof of age and/or parental or guardian consent.
4.3. In entering the competition, you confirm that you are eligible to do so and eligible to claim the prize. Fnatic may require you to provide proof that you are eligible to enter the competition.
4.4. Fnatic reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize competition.
5. THE PRIZE
5.1. Each prize winner will be eligible to claim the following prizes:
5.1.1 fifteen percent of profits (i.e. revenues less costs) arising from the sale of any garments that incorporate the prize winner’s design, such share to be distributed to the prize winner within forty five (45) days of sales ending (or a fixed date in 2021 to be determined by Fnatic, in consultation with the prize winner);
5.1.2. US$200 cash prize or a local currency equivalent as determined by Fnatic in its sole discretion acting in good faith;
5.1.3. US$100 voucher for the Fnatic shop or a local currency equivalent as determined by Fnatic in its sole discretion acting in good faith;
5.1.4. an article published on the Fnatic website showcasing the artist and their portfolio; and
5.1.5. You will be added to Fnatic’s roster of freelance creators and Fnatic will consider you for relevant future work opportunities.
5.1.6. You will be sent your own t-shirt in the size of your choice.
6.1. The decision of Fnatic is final and no correspondence or discussion will be entered into.
6.2. Fnatic will publish the prize winners designs on or around 24/09/21 (Announcement Date).
6.3. Fnatic will contact the winners personally as soon as practicable after the Announcement Date, using the email address provided with the competition entry.
7. CLAIMING THE PRIZE
7.1. If you are a prize winner, Fnatic will contact you with details on how to claim your prize. You will need to comply with these instructions within thirty (30) days or your eligibility to claim a prize will lapse.
7.2. Fnatic will make all reasonable efforts to contact the winner. If a winner cannot be contacted or is not available, or has not claimed their prize within 30 days of Fnatic contacting the winner, the winner’s claim will become invalid.
8. OWNERSHIP OF COMPETITION ENTRIES AND INTELLECTUAL PROPERTY RIGHTS
8.1. All competition entries and accompanying materials submitted to Fnatic are subject to our Fan Art Policy (https://fnatic.com/policies/fanart).
8.2. If your competition entry is shortlisted as one of the top four designs, you agree that Fnatic may, but is not required to, make your entry available on its website (www.fnatic.com) and any other media, whether now known or invented in the future, and in connection with any publicity of the competition, in particular, to enable the public to vote for the winning designs. You agree to grant Fnatic a non-exclusive, worldwide, perpetual, irrevocable licence, for any intellectual property rights in the competition entry and any accompanying materials, to display, publish and transmit the competition entry and any accompanying materials for such purposes. We agree that you will retain all rights in the original design, subject to these terms.
8.3. If your competition entry wins the competition, in addition to 8.1 and 8.2 above, you agree that Fnatic may utilise your design in all ways reasonably associated with the sale of a garment featuring your design. You grant Fnatic an exclusive, worldwide, perpetual, irrevocable licence, for any intellectual property rights in the competition entry and any accompanying materials, to use, exploit, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the competition entry and any accompanying materials for such purposes.
8.4. If your competition entry wins the competition, you agree that you will not exploit the intellectual property rights in your design without Fnatic’s prior written approval.
8.5. You can use Fnatic’s name and logo in your design. However, your design must not use intellectual property belonging to anyone other than you or Fnatic. An example of intellectual property belonging to someone else would be a design, design element, font, trademark or name originated by or registered to someone other than you. By entering your design into the competition, you warrant that your submission is your original work. You are solely responsible for any consequences to you or Fnatic flowing from a breach of this warranty.
8.6. The appendix to these Terms and Conditions contains a guide to help you avoid infringing another party’s intellectual property.
9. DATA PROTECTION AND PUBLICITY
Fnatic will only process your personal information as set out on the Fnatic website (https://fnatic.com/policies/privacy-policy).
10.1. If there is any reason to believe that there has been a breach of these terms and conditions, Fnatic may, at its sole discretion, reserve the right to exclude you from participating in the competition.
10.2. Fnatic reserves the right to hold void, suspend, cancel, or amend the prize competition where it becomes necessary to do so.
10.3. These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.
Appendix - A guide to intellectual property infringement
The onus is on you to conduct the necessary due diligence when it comes to Intellectual Property Rights and you will be solely liable for any infringement.
Complete the following checklist to help ensure you are not breaching any party’s intellectual property rights:
- Ensure your design complies with the following requirements, to help ensure you are not breaching any party’s intellectual property rights:
- Your content/design does not use any sign that is identical to a registered trade mark
- Your content/design does not use any sign that is similar enough to a registered trade mark that there could be a possibility of confusion
- Your content/design does not use any sign that another third party has goodwill in, and which your use could be a misrepresentation of
- Your content/design does not use a registered design (in whole or part) in a way which could create the same overall impression on the informed user
- Your content/design has not copied an unregistered design (in whole or part) in a way which could create the same overall impression on the informed user
- Your content/design has not copied the copyright of another third party (in whole or part)
- Your content/design does not refer to an individual (whether alive or dead) or a company in a slanderous or libellous way, in any manner that would damage their reputation, or in a way which would imply a false endorsement or association
INTELLECTUAL PROPERTY RIGHTS - JARGON EXPLAINED
Registered Trade Mark (TM)
Registered Trade Marks, or ‘badges of origin’ are signs that indicate the origin of goods and services. Or to put it another way they’re the signature symbol or logo that a brand uses to identify itself by – think the Nike tick, the McDonald’s M, or the Apple apple.
These signs become protected once they’ve been registered at an intellectual property office, and their protection can last indefinitely as long as the owner renews the TM every 10 years.
Unregistered Rights/Passing Off Claims
Some marks can still be protected even when they’ve not been officially registered. These infringements are pursued through a passing off claim, which investigates goodwill, misrepresentation and damage. An example of this involved Topshop recently using Rihanna’s image on a T-shirt, which was ruled to have falsely implied the singer’s endorsement of the garments.
Registered Designs (RD)
Designs can be protected once they’ve been registered at an intellectual property office. Under English law, Registered Design rights cover “the lines, contours, colours, shape, texture or materials of the product or its ornamentation.” In the world of garments good examples of Registered Designs include sneakers.
Unregistered Design (UDR)
Unregistered Design Rights kick in as soon as the design is first made available to the public, and are automatically in favour of the designer once the design is made or recorded. In the UK these only cover 3D shapes, so don’t really factor into designs printed onto garments, but in the EU these protect the appearance – including lines, contours, colours, shape, texture, material and ornamentation – of a product, so become more relevant.
Copyright can apply to a whole range of original artwork, including designs, drawings and photographs. Typically, whoever created the work owns the copyright. The most common exception to this being when an employee makes work in the course of their employment; in this case the employer owns the copyright. Generally, copyright starts from the date the work was made, and lasts until 70 years after the creator dies.
Copyright specifically protects against copying, so in cases where similar works are made and it can be proven one has not influenced the other, or they were made at the same time, then copyright does not apply.
Copyright is also not just about an entire work, but applies to individual parts of the work too. This means if part of a logo, for instance, has clearly been copied, then copyright infringement could apply.