Colossal Spark is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
When you sign up to an account with Colossal Spark, we ask you to give us your correct name and email address and other such personal or business information as may be necessary for the purpose of introducing clients and creative in a crowdsourcing of ideas.
We will only share your personal and/or business information as necessary for the operation and completion of projects. We will not sell, distribute or lease your personal or business information to third parties unless we have your permission or are required by law. You may request details of personal information, which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please email us at email@example.com
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
Granting Rights of Use to Colossal Spark through Participation in a Project or Submission of an Idea
Even when participating in a project or submitting an idea, each participant (the “Creative”) retains the right, without restriction on content, time or space, to use his own idea for the purpose of selfpromotion, provided he observes the rights of third parties, in particular those of the Colossal Spark client. Colossal Spark wishes to point out explicitly that participation in a project and/or submission of an idea does not give the Creative any right to use material that was not created by him /her. In particular, participation in the project does not give the Creative any right to use the logo or other materials belonging to the client or to third parties.
By placing a submission in a project, the Creative grants to Colossal Spark, and to the client as organizer of the project, the rights of use here listed. The Creative undertakes, for the eighteen month period the immediately following submission of the idea, not to exploit the idea in other ways, or to cede or offer it to any third party.
A Creative placing a submission in a project grants to Colossal Spark non-exclusive transferable rights, without restriction on time, space or content, to use the submission, including associated creative works and any comments submitted therewith, to the extent required for the operation of the Colossal Spark website and business purpose. In particular, the Creative grants to Colossal Spark the right to every comment and/or idea and the associated works on the site for downloading by third parties and to make any copies necessary for this purpose. The Creative also grants to Colossal Spark the right to edit the works in question in order to present them more favorably on the website.
In addition, the Creative grants to Colossal Spark the right to make the comment and/or submission and the associated works publicly accessible for the purpose of presentation beyond the confines of the project, for example in the Colossal Spark newsletter or in its blog, and to edit them, in particular to create and present summaries or individual pictures of videos and texts, scaled-down versions of photographs (‘thumbnails’), etc.
Furthermore, the Creative grants to Colossal Spark the non-exclusive right, without restriction on content, time or space, to use the submission and associated works in any medium for the purpose of communicating and promoting the project and/or submission submitted to the project. To this end, Colossal Spark may reproduce the submissions and associated works, distribute, edit, rearrange them, make them publicly accessible, broadcast and publicly play them in other ways, whereby this includes, in particular, making them available or broadcasting them by transmitting the content to fixed or mobile terminal devices of other Creative as part of automated subscription services (push services) or download services (pull services) (e.g. by podcast, RSS feed, Atom feed, XML interface or other technologies). The parties to this agreement consider the right of public reproduction also to include, in particular, the right to render the idea and associated works on the website using methods to play back audio and video data that can be received and simultaneously played by Creative (streaming), including the possibility of configuring the stream in such a way that the broadcast data can be stored by the recipient. In order to document the project and/or to promote the site, Colossal Spark may in particular include the Creative’s submission, alone or together with the submission of other Creative, in a catalog of ideas, which will be made available to the customer on conclusion of a project, and which it may reproduce as a different form of print publication and distribute (together as poster), where this serves as an appropriate form of publication for the site, present at trade fairs (in particular in the form of banners, posters, video clips), make accessible as “best cases” on the site, also in conjunction with other projects, or make generally publicly available, include in press releases or make available to third parties in the course of normal public relations work (for example for external press reports in journals).
In order to secure the greatest possible level of awareness and reach for the Creative’s submissions, the Creative additionally grants to Colossal Spark the right to publish the Creative’s rights, and/or to have them published, on the websites of external providers, to make the reproductions required for this and to transfer the individual works (i.e. the corresponding files) to the relevant third party, and/or to grant these providers technical access to the submissions for the above-mentioned purposes, including the right to reproduce the ideas for inclusion in their own websites. In order to achieve the aims mentioned in this sub-section, Colossal Spark may use commonly available technical methods (e.g. embedded functions). The Creative therefore consents to the relevant third-party provider accepting the works in question and also publishing them.
The Creative will receive no monetary recompense for granting the aforementioned rights of use to Colossal Spark. In return for being granted the rights, Colossal Spark presents the Creative’s submission on the site, always gives the creative credit and gives him the opportunity to sell his submission to third parties or to Colossal Spark and to participate with his submissions in projects. The parties regard this return service as appropriate recompense.
Colossal Spark endeavors wherever possible to allow the Creative every freedom to exploit his ideas vis-à-vis third parties. Within the scope of projects, the Creative may, where applicable, have the opportunity to subject his idea to open content licensing terms (such as Creative Commons licensing). Whether this is the case for the content in question (including the associated details), it will be specified in the relevant briefing.
Notwithstanding the opportunity to present his own work samples and the associated self-advertising this provides, the Creative may not use the Creative profile to advertise his own commercial offering (in the form of price lists, etc.). Any advertising for third-party offerings is forbidden.
Granting of Rights of Use to the Client by Participating with a Submission
By participating in a project, the Creative grants to the project sponsor or the advertising customer the non-exclusive right of use, without restriction on content, time or space, to present the idea or work as such outside of advertising campaigns or in order to promote the project, alone or together with the submissions and works of other Creative’s participating in the project, in any medium, whereby Colossal Spark requires the original author to be named, unless the Creative committed before Colossal Spark anonymity of his name. Moreover, the Creative grants to the customer the right to use the ideas and works for the purpose of internal and external market research and for preparing the purchase of the exclusive right of use to the ideas and works. This requires restrictions on the distribution of, and public accessibility to, the ideas and works.
The rights to the use of the Creative’s ideas and works for the client’s branding and/or advertising campaign, and the framework contract for work, which is then concluded, shall be between the Colossal Spark client and the Creative.
The client selects in a project from all submitted ideas ten Finalists into a Finalist List, with one Winner and nine Finalists. The client has the right to use this selected ten Finalists ideas for eighteen month beginning with the day of the selection of the Finalists. For the other submitted and not chosen Ideas the client has no right to use. Colossal Spark can use the submitted ideas for promoting its sites, services.
Prizes and Disbursement of Prize Money
Colossal Spark monitors the entire course of the project, including prior to and after the final submission date, to ascertain whether there are indications of possible abuse of the rating function. If there are no such indications, Colossal Spark will announce the first place winner on the website. In the event of any suspicion of abuse of the rating function during the evaluation period, Colossal Spark reserves the right, in its sole discretion, to revoke the ratings for the Creative in question and/or the entire voting process. In the latter case, the result for the entire project will be revoked; the prizes offered will not be disbursed.
The Winner of a project receives the main prize offered while the following nine Finalists each receive the Finalist´s prize. Colossal Spark will contact the Creative in question prior to disbursement being made. The Creative is obliged to provide Colossal Spark with his full proper name, address and account details if he has not already done so in his profile. In particular, Colossal Spark may require the Creative to send copies of official documents (e.g. identity card).
Payment via authorize.net
Colossal Spark will effect payment via authorize.net. If the winner of a project does not wish to receive payment via Moneybookers, payment can also be made by bank transfer. The costs associated with the bank transfer and any charge backs or other fees and costs will be borne by the Creative. Colossal Spark reserves the right to perform a check on the identity of the Creative and verification of the Creative’s bank before transferring any money to the Creative. The Creative agrees to assist with verification in a reasonable manner. Colossal Spark is entitled to refuse to disburse the prize if the Creative fails to reasonably cooperate with the verification process.
Updated: October 1, 2013.