I want to organise a creative contest (best photo with my product). What special clauses should I add to the rules on the use of participants' content?

This is a very important question as it relates to copyright. If you plan to use members’ work (photos, videos, texts) in your adverts or content, you need their permission to do so. A licence clause needs to be added to the rules. Example wording: <ul> <li style="font-weight: 400;" aria-level="1">“By entering the competition and submitting an entry, each participant grants the Organiser a non-exclusive, royalty-free, worldwide licence for the right to use his/her entry (photo/video) for the Organiser’s commercial and non-commercial purposes, including for publication on the Organiser’s website, social media and promotional materials, without time limit and without additional remuneration.”</li> </ul> Without such a clause, you will not be authorised to use the winners’ (and all other entrants’) content after the competition ends.

Who is responsible for paying taxes on the prize? Do I need to write about it in the rules?

Yes, it must be specified. Ukrainian legislation, the cost of the prize is the winner’s income and is subject to taxation (personal income tax and military levy). The responsibility for the calculation and payment of these taxes lies on the Organiseras a tax agent. It is worth making one of the options clear in the rules: <ul> <li style="font-weight: 400;" aria-level="1">Option 1 (you pay): “The organiser, as a tax agent, independently accrues and pays to the budget all taxes stipulated by the legislation of Ukraine, related to the issuance of the prize.”</li> <li style="font-weight: 400;" aria-level="1">Option 2 (the winner receives the “net” value, and you compensate): “The value of the prize that the winner receives is final. All tax liabilities arising from the prize shall be borne by the Promoter.”</li> </ul> Ignoring this clause may lead to problems with the tax authorities.

My raffle is sponsored by another brand. How do I specify this in the rules and who is responsible for what?

Transparency in this case is key for audience trust. The rules should clearly delineate the roles: <ol> <li style="font-weight: 400;" aria-level="1">Specify both parties: “The organiser of the raffle is [Your company], the Partner/Sponsor of the raffle, who provides the prize pool, is [Name of sponsoring company].”</li> <li style="font-weight: 400;" aria-level="1">Distinguish responsibilities: Clearly spell out who is responsible for what. For example: “The Organiser is responsible for conducting the draw and determining the winner. The partner is responsible for the quality, completion and delivery of the prize to the winner.”</li> </ol> This protects you from claims if the sponsor, for example, delays the dispatch of the prize or sends goods of inadequate quality.

What if the winner doesn't respond to messages or pick up the prize?

To avoid a “suspended” situation, this scenario must be spelled out in the rules. Otherwise, you will not have the right to choose a new winner without the risk that the previous one will appear in a month with claims. Add a clause to the rules, such as: <ul> <li style="font-weight: 400;" aria-level="1">“The winner is obliged to respond to a message from the Organiser and provide the details for sending the prize within [specify a clear deadline, for example, 3 or 5 working days] of the announcement of the results. If the winner fails to contact the Organiser within the specified period, he/she will forfeit the right to receive the prize and the Organiser reserves the right to conduct a second draw to determine a new winner.”</li> </ul>

Who pays for shipping and customs fees, especially if the winner is from another country?

This is a common cause of conflict. If the rules are silent, the winner logically expects you to cover all costs. To avoid misunderstandings, be as specific as possible: <ul> <li style="font-weight: 400;" aria-level="1">For Ukraine: “Delivery of the prize within Ukraine is at the Organiser’s expense to the branch/post office of “Novaya Pochta”.</li> <li style="font-weight: 400;" aria-level="1">For international participants (if they are allowed): “Delivery of the prize outside Ukraine is at the winner’s expense. The winner is also fully responsible for paying any customs duties and taxes that may be incurred in their country in connection with the prize.”</li> </ul> Clear wording removes your responsibility for unforeseen costs.

Blog

Warning: Undefined property: WP_Error::$term_id in /www/wwwroot/polikarpov.legal/wp-content/themes/polikarpov/taxonomy-blogposts-categories.php on line 28