Was this discussed before?

Not sure if this question was answered previously…so if so…my apologies…I haven’t caught every forum topic…but if you win in an abandoned SH chosen contest…is your name off the table,or is it fair game to use again, please? Especially if you had more than one high rated entry…you wouldn’t know which one you were awarded for. Thanks.

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That’s a very good question!

Dan said this, and I’m pretty sure it applies to non-split abandoned winners as well

As per Terms of the Service Agreement:

''If a Buyer decides to use an Entry from an Abandoned Contest, they must contact Squadhelp within 60 days of contest End Date. Squadhelp would notify the Creative about Buyer’s intention to use the Entry.

If the Creative has already received a partial or full Contest Prize, the Creative consents to entering into a binding agreement with that Buyer for that Entry, pursuant to the terms of a Intellectual Property Transfer Agreement, which can be found here: http://www.squadhelp.com/IPTransferAgreement.
If the Creative has not yet received any compensation from the Project, the Buyer must pay a Bonus of $50 to the Creative in order to use their Entry. Upon receiving the Bonus, the Creative consents to entering into a binding agreement with that Buyer for that Entry, pursuant to the terms of a Intellectual Property Transfer Agreement, which can be found here: http://www.squadhelp.com/IPTransferAgreement ''.
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Okey dokey…thanks for the info ,folks!

Oh…the only other question that hasn’t been answered yet is…what if you were one of the split winners and you had more than one high rated entry? How would you know which one technically won? Would any of your entries be up for grabs by the CH,then? And would you have to let them all be dormant for 60 days in that case?

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For abandoned contests, entries don’t win, creatives do. So you aren’t being awarded for any particular entry and your chance of winning when you have multiple high rated entries doesn’t increase.

The dormancy I’m not sure about. I didn’t think that you had to hold onto the name for 60 days to see if the abandoning CH would come back and want it. It doesn’t seem to be fair for the creative, if that’s the case.

Correct, according to the old notification, the creatives were free to reuse their nominated as a winner names from abandoned contests in any future contests, parallel to the privilege enjoyed by the CHs of said contests to utilize the opportunity of claiming the assigned winning names within 60 days after the contest completion…

Actually, from the above it would follow, that the fact of the identity of a winner in an abandoned contest remains unknown to a contestant of an awarded prize if more than one entry submitted by the creative qualified for being drawn from a pool of shortlisted by the algorithm entries for the winner selection… However, in cases where a creative submitted only one entry, alternatively, if only entry qualified to be considered for a final selection among high rated entries (it’s random for wholly unrated contests), it’s presumed the Intellectual Property Transfer rights would apply to that entry. In the latter scenario,it’d be assumed the contestant has received de-facto, compensation for the entry with a liability of entering into a binding agreement as a consequence…

@Vision The selection isn’t from the entries, though. So no entry ever qualifies and no entry is ever drawn to be a winner. Contestants qualify and are selected. The CH can then come back and pick any of the entries, whether they had rated them highly or not, and say that they want it. So an abandoned contest could have 9 entries rated Love It from 5 different contestants. Those 5 contestants then qualify to be selected by the algorithm, irrespective of how many entries they had, and split the prize. Their entries, at this point, don’t matter.

The CH could then come back and pick one of the unrated entries and say, “Actually, I want to use this one.” The CH would then owe that person for that entry because they didn’t get compensated for it by the system. The entries that the split prize winners submitted are still available to be used wherever because the original CH still didn’t choose them.

The contestants who are awarded abandoned contest prizes aren’t on the hook for losing that entry any more than contestants who aren’t, because the CH can come back and pick any one of the entries (given that it’s still available). The liability of entering into the binding agreement comes with submitting the entry in the first place.

@BeDaring, That being said there are still some rules that apply:

  1. It’s on the basis of entries qualified for the winner selection policy that a particular contestant is granted a win in abandoned contests except in contests with unrated entries…

  2. A winner selection process follows certain rules that govern which entries are given preference (high ratings playing a decisive role). .

  3. .What if the contestant marked by SH as a sole or a split beneficiary of a winner selection process according to its algorithm, is the submitter of only ONE entry in that contest ? Wouldn’t it logically be possible to derive that all consecutive intellectual and property transfer rights be linked with the solely entered submission ?

Otherwise, what is the meaning of an excerpt from guidelines on abandoned contests (stating: ‘‘If the Creative has already received a partial or full Contest Prize, the Creative consents to entering into a binding agreement with that Buyer for that Entry’’), if not the implication of a done- deal by a direct association of a qualified entry awarded in an abandoned contest with an already credited prize amount ?

Kind of, but not really, because there’s no guarantee that said entry will ever be transferred. Most likely, in fact, it won’t be. The contest is already abandoned. The likelihood of the CH deciding to return to the contest to pick up an entry is slim. And if they do return, that entry might not be the one that they picked. So given that the CH did come back and then picked that one, specific entry there’s still no difference than if the contestant submitted 20 entries. They are only transferring what the CH decides to use and not any other entry.

This is true, too, for if a contestant submitted several entries but only one was highly rated. That contestant is awarded the abandoned contest, but if the CH comes back and picks one of that contestant’s lower rated entries, they wouldn’t be compensated again for it because they were already compensated. And the contestant would still be free to use that highly rated entry, but not the lower rated winner. The payment wasn’t for the entry that qualified them.

That’s why I’m insisting on highlighting the difference between selecting a contestant and selecting an entry. Individual entries only come into play in the event of a CH returning. Until that happens, all of the entries in the contest submitted by all of the contestants are liable to be transferred.

There is no known fore-knowledge of a CH never laying claim on an awarded entry until after the expiration of a waiting period of 60 days. In the alternative, the grace period would have been omitted. Consecutive intellectual property transfer rights are to be understood to be activated in the context of them being eventually claimed as per agreement.

Technically, and we must consult the algorithm on that, the lower rated entries, if (since) they could not be used as qualifying entries for facilitation of a creative’s winner appointment, they could be deemed for a bonus category selection award, in spite of a receipt of a winner award by the creative on the merits of another higher rated submission, falling into a potentially legally grey area.

There is no awarded entry. If a contestant is awarded an abandoned contest they are not automatically in a intellectual property transfer agreement. There is no such agreement until the CH comes back and picks an entry. If the CH doesn’t come back in 60 days then no agreement is ever made. There’s just the possibility of a future agreement.

If a Buyer decides to use an Entry from an Abandoned Contest, they must contact Squadhelp within 60 days of contest End Date. Squadhelp would notify the Creative about Buyer’s intention to use the Entry. If the Creative has already received a partial or full Contest Prize, the Creative consents to entering into a binding agreement with that Buyer for that Entry… If the Creative has not yet received any compensation from the Project, the Buyer must pay a Bonus of $50 to the Creative in order to use their Entry.

This means that any entry is up for grabs. The only thing to determine is whether the contestant has already been compensated or if they need to be. No contestant is paid for any entry unless the CH picks that entry. Abandoned contest winners are not being paid for any entry at all. They are being selected to get the prize because it was guaranteed and somebody has to get it, not because their entries have been chosen for anything.

It says right there that if they’ve been awarded any of the prize money they will not get paid again and will transfer whatever entry of theirs the CH picked, not whatever entry of theirs was rated the highest. The only entry that ever matters is the one the CH picks.

There really isn’t a grey area.

Upon read my response carefully it will surmise it is in no contradiction with the terms you just stated. Everything is predicated upon a CH returning within a prescribed time-frame to appropriate the ownership rights for these reasons,taken as an example:

  1. The Intellectually property rights can not be assigned without an explicit consent by the buyer (CH) of a contest where they originate.

  2. Hypothetically, if it would have been possible to impose the transfer of intellectual rights onto a third party but that party would not have legally claimed the rights by utilizing the property in any form, such as by a domain name registration, trademark application, etc,after a lapse of a certain period they could have be subject to the abandonment clause. .

It looks like you’re saying that the transfer of rights expires if they don’t in some way use the entry. If they don’t register the domain, or trademark, or in some way make actual use of the entry then the agreement expires. But that’s not what the abandonment clause of the Terms and Conditions is talking about. It’s talking about if they don’t select a winner, not what they do with a winner once they select it. If they select it, the rights are transferred per Squadhelp’s IP Transfer Agreement:

3. Assignment of Intellectual Property Rights

Upon receipt of payment for the Entry in the form of Squadhelp Credits (pursuant to the terms of the Services Agreement), the Creative hereby assigns to the Customer, all Intellectual Property Rights which the Creative has or may in the future have in the Entry.

If you’re discussing the greater concept of abandoned intellectual property rather than the concept of an abandoned Squadhelp contest, then we’re talking past each other. I’m focusing on what happens to entries when a contest is abandoned, not what happens to purchased property after it’s bought.

While the wording states that high rated entries are used merely to qualify a contestant to be among the pool of creatives out of which a winner is selected and not the entries on the basis of which the winner is chosen, the process can lead to some incongruencies responsible for why a final winning entry determination is done individually on a case by case basis.What would happen, for example, if the contestant, not being restricted in any way, decides to delete all the entries from a contest following a creative’s appointment as a winner ?

As per facts on abandoned contests guidelines:

‘‘If the Contest has received 1 or more “Love it” or “Like It” ratings from Contest Holder’’:

1.Squadhelp will automatically pick a winner from the top rated submissions.
2. If there is only one “Love it” rating, that creative will automatically be awarded the full contest  prize''

‘‘If the Contest has not received any “Love it” or “Like It” ratings from Contest Holder:
These winners will be selected randomly by the algorithm, from the entire pool of creatives who participated in the contest’’.

The same thing that happens if they delete an entry in any other circumstance.

If somebody deletes an entry while the contest is running and then another creative submits the same entry and wins, the original submitter lost out because they deleted it. The second submitter wins because they didn’t.

If somebody goes and deletes all their entries from a closed contest, current precedents say that they lose the chance to get compensated for that entry. The CH can’t come back and pick the entry because it isn’t there anymore. But because they saw it, they could go and register it. Deleting an entry doesn’t make the CH unsee it, unfortunately. Then it would be up to first the contestant to notice that it’s been registered, find out who did it, and remember what contest they submitted and then deleted it from. Then they could tell Squadhelp what happened and it would be up to them to decide how to proceed.

This problem isn’t unique to abandoned contests. It exists whether a contest has been abandoned or not. In a non abandoned contest, the CH owes $50 to the contestant who submitted any non-winning entry they use. If a contestant deletes their entry from the contest, they lose the chance for the CH to click a button and award them a bonus. But they can still try to reach out to Squadhelp and hope for a resolution.