EYETHEPRIZE.COM GENERAL TERMS AND CONDITIONS OF USE

Our website at www.eyetheprize.com (the “Website”) is operated by Eye the Prize Limited (a company registered in England and Wales with company number 8323558) whose registered office is at The Ashridge Business Centre, 121 High Street, Berkhamsted, Hertfordshire HP4 2DJ (“Eye the Prize”; “we”). Eye the Prize provides its Website to you subject to the following terms, conditions and notices. Your use of the Website constitutes your agreement to all such terms, conditions and notices. If we decide to change our terms and conditions, we will post these changes on this page so that you are always aware of how our Website operates and what information we collect, how we use it and under what circumstances we disclose it.

These terms and conditions are applicable to all users of the Website, whether you are a visitor to the Website, an individual with membership (“Member”), an opportunity organiser with membership (“Organiser”) (hereinafter collectively referred to as “Member(s)”).

These terms and conditions apply to our Website but also to any social media pages or feeds (e.g. Twitter) which we use in relation to the Website and any so-called ‘Apps’ or other programmes which incorporate some or all of the Website or allow you to access the functions offered on the Website on a portable device (“Related Media”).

Setting Up An Account

In order to become a Member of Eye the Prize you will need to set up an account on our Website. By setting up an account you warrant that:-

  1. you are at least eighteen (18) years old;
  2. you are legally capable of entering into binding contracts; and
  3. you are not prohibited by the applicable law in the jurisdiction in which you are located from entering into these terms and conditions.

You are responsible for ensuring that your account details and password remain confidential and restricting access to any device from which you access the Website, in order to prevent unauthorised access to your account. If your account is accessed by a third party or you think that this is likely, it is your responsibility to notify us so that we can help you to change your security details.

Where you open an account on behalf of a company or other entity then all references to ‘you’ in these terms will include that company or entity. You warrant and represent that you are authorised to grant any and all rights referred to in these terms and conditions on behalf of that entity or company and bind that entity or company to these terms and conditions.

Profiles

During the sign-up process you will be prompted to set up a profile on the Website. This is your chance to share as much (or as little) information as you wish in order to increase your possibilities of interacting with other creative people and those offering Opportunities. However, it is important for you to bear in mind that your profile page can be seen by all other Eye the Prize members and, if your work is posted on our “Hotlist” (defined below) then your profile page will also be public and can therefore be seen by anyone who views our Website, whether or not they are signed up as a member. It is for you to decide how much information you include on your profile, but remember that if you want others to be able to contact you, you will need to include some contact details.

Once you have set up a profile you can tailor your settings in order to receive notifications relevant to you, for example in relation to new opportunities relevant to your skillsets and interests or in relation to your particular details/circumstances (age, gender, experience etc) and geographical location.

User Content and Intellectual Property

Any content posted on our Website by you (“Your Content”), whether you are an Individual Member or an Organiser Member, will be owned by you. It is up to you to ensure that, if applicable, you have obtained the necessary consents of third parties, and you warrant that any content posted on the Website by you will not infringe any law, regulation or third party right.

One of the purposes of our Website is to enable you, the creative individuals, to get your work seen in the hope this will benefit you and open doors for the future. With this in mind, we also ask that you respect other people’s intellectual property rights and do not copy, steal or plagiarise other people’s ideas or work.

You hereby grant us a royalty-free, non-exclusive, irrevocable and fully sub-licensable licence to reproduce, publish and/or display Your Content anywhere on the Website and the Related Media and anywhere else. You agree that you shall not make any claim against us for such use of Your Content on the Website and the Related Media.

We also ask that you respect our principles of honesty, fairness and lawfulness, and accordingly you warrant that anything posted on our Website shall be accurate and lawful and will not be defamatory, obscene in nature, prejudicial to any sex, race or religion or support any criminal or terrorist activity. We reserve the right to remove any content at our discretion that we feel is inappropriate or does not comply with these terms and conditions. We also reserve the right to terminate any membership at our sole discretion if we feel that a particular use of the Website violates any laws, infringes the rights of others or is generally harmful to the interests of Eye the Prize or its affiliates and, if we do so, we will not be obliged to return any fees paid by you.

By agreeing to these terms and conditions you agree to indemnify us in respect of any claim relating to Your Content or any comments posted on our Report Card System (as hereinafter defined).

All other content included in the Website, such as text, graphics, logos, button icons, images, audio clips and software, as well as the compilation (meaning the collection, arrangement, and assembly) of such content is the property of Eye the Prize or its content suppliers and is protected by UK and international copyright laws. The content and software on this site may be used for your personal and non-commercial use only and solely in respect of the services available on the Website including the sharing of certain aspects of our services across social media platforms. Save as set out herein, any other use including the copying, reproduction, modification, distribution, transmission, republication, display, or performance of the content on our Website is strictly prohibited.

Payments

We use third party payment handlers (currently Stripe of 3180 18th St, San Francisco, CA 94110, USA) to manage all financial transactions on our Website. This means that when you pay for anything, such as enhancements, all the necessary transactions will take place on our Website securely using https and SSL protocols. Eye the Prize does not hold any financial information about you; this is all stored and managed by Stripe and is subject to their own terms and conditions. We would therefore recommend that you read Stripe’s terms and conditions so that you are fully informed as to how they process your financial information.

We accept credit and debit cards from Visa, MasterCard and American Express. All our prices are in pounds sterling, and all payments made will be taken in pounds sterling. If you are making payment from outside the UK, you should be aware that your payment will be converted into pounds at the conversion rate used by Stripe applicable at the time you make payment. The amount that comes out of your bank account may therefore incorporate exchange rate fees and bank charges for overseas transactions.

Time Zones and Opportunities

The Website operates on GMT/BST (as applicable) and so any Opportunities posted are referring to times and dates as in the UK.

If you are an Organiser posting an opportunity from outside the UK, please make sure you convert any times and dates to UK time. Please bear this in mind to ensure any enhanced promotions fit your schedule and that any deadlines reflect UK time.

For our Members based outside the UK, please ensure you are aware of the differences in time zones so you don’t miss any deadlines.

Hotlist

We also include on the Website our ‘Hotlist’ displaying winners of previous Opportunities listed on the Website and other work that has won prizes or been worthy of some other notable achievement. This enables our Organiser Members to search for the best talent and allows our Members to show off their best achievements.

If Members submit something for inclusion in the Hotlist we reserve the right to carry out the necessary checks in order to confirm any achievement. We will always act in good faith and are keen to display a broad range of our Members’ fine creative output, but for legal reasons we must make it clear that what is displayed on the Hotlist is subject to our sole discretion.

All copyright and other rights in relation to the contents of the Hotlist remain the ownership of the author (or its licensees) of the relevant Hotlist item, and all rights in and to such content are hereby reserved to the fullest extent permitted by law. We would like to remind you that if any of your work is included in our Hotlist, it is solely your responsibility to protect the intellectual property contained in that work, and we cannot take any responsibility for protection or defence of your intellectual property rights.

Charity Partners

At Eye the Prize we actively support the work of two charitable, non-profit organisations – ‘Blue Ventures’ (reg. charity no. 1098893), providing educational opportunities to young people in Madagascar and supporting local marine conservation, and ‘Right To Play (reg. charity no. 1112404), a charity using sports and play to educate and empower young people exposed to poverty, conflict and disease in disadvantaged communities.

We may find that we have to change the charities we support from time to time, for example if a supported charity ceases to exist, and if we do so we will let you know. We will always pick UK registered charities and those that support the culture and beliefs of Eye the Prize. You can read more about this on the Charity Partners page of our Website.

Social Media

As you will see from our Website, Eye the Prize likes to make life easy for you and so we offer a number of ways for you to interact with social media platforms including Facebook and Twitter. However, we hope you will understand that these platforms are managed and run by other companies and people and at times may not be available (for example if the owners are carrying out maintenance to the site). We cannot be responsible for the unavailability of other social media platforms and we expressly exclude any liability for any losses caused by such unavailability.

Liability

The Website is provided on an “as is” basis. This means that although we will take care where reasonably possible to ensure the Website functions correctly and is free of viruses we give no promises or warranties of any kind, as to the operation of the site or the information (and the accuracy thereof), content or materials on the Website or the lack of viruses or other harmful components. To the fullest extent permissible by applicable law we disclaim all warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Subject to the terms herein:

  1. Eye the Prize shall not be liable for any direct, indirect, special or consequential losses, loss of profit, loss of opportunity, loss of data, loss of contract, loss of goodwill or reputation (or both), loss of expectations of a specific nature or anticipated outcome or any other losses in relation to or arising out of your use of our Website, the contents of that Website and the services we provide, however such losses arise and regardless of whether such losses are caused by breach of contract or tort (including negligence) or otherwise, even if such losses are foreseeable; and
  2. the maximum aggregate liability for Eye the Prize (including our agents and sub-contractors) arising from or under these terms and conditions shall not exceed the total sums paid by the claiming party for our services in the three months preceding any such claim, such sum to be pro-rated if payment has been made in advance. Nothing in these terms and conditions shall be deemed to exclude, restrict or limit our liability for death or personal injury resulting from our negligence or for any liability for fraudulent misrepresentation.

It is important for us to make it clear that we are essentially a conduit through which you, the creative individuals, and you, the Opportunity providers, can meet and interact. We have no involvement in the creation, supply or operation of any of the Opportunities or works posted on our Website. Unfortunately, we are not able to make checks that every work is genuine or that every Opportunity exists and is as advertised. We therefore cannot be held liable for any errors in postings on our Website, nor will we be held responsible if any users post information that is incorrect or inaccurate. We also cannot be held liable if any Opportunity (including any prize, funding etc) is not fulfilled or provided by the relevant Organiser Member although, if this does happen, we do want you to provide feedback to us and other users of the Website to prevent this happening in the future.

We do encourage members to comment on and rate Opportunities you have taken part in via our Report Card system. This is our way of ensuring transparency and the integrity of our Organiser Members and maintaining quality in the opportunities we offer on our Website. Feel free to comment on any aspects of the particular opportunity. Organisers Members are also encouraged to respond to Individual Member comments, where appropriate.

The Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on the Website may be changed or updated without notice. We may also make improvements and/or changes to the services described in these terms and conditions without notice.

General

As with every website, we may need to carry out maintenance or update our Website from time to time and we reserve the right to take the site down temporarily or make it unavailable for short periods of time. Wherever possible we will notify you if such maintenance is necessary. We shall not be held liable for any losses you may incur as a result of such unavailability.

We reserve the right to restrict access to the Website, terminate accounts and remove or edit content in our sole discretion.

Neither you nor Eye the Prize shall be in breach of these terms and conditions nor liable for delay in performing, or failure to perform, any of the obligations under these terms and conditions if such delay or failure results from events, circumstances or causes beyond your or our reasonable control. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for one month, either party may terminate this agreement immediately.

Eye the Prize may assign its rights and obligations under these terms and conditions at any time, and if we do so we will inform you. You may not assign your Membership to any other person or entity at any time.

No failure by Eye the Prize to insist upon strict performance of the obligations under these terms and conditions or failure to exercise any of the rights or remedies to which it is entitled shall constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by Eye the Prize of any default shall not constitute a waiver of any subsequent default. No waiver by Eye the Prize of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

If any part of these terms and conditions is found to void, unlawful or unenforceable to any extent then such provision will, to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

Save as set out herein, nothing in these terms and conditions shall give any third party directly or indirectly any enforceable benefit or right of action against Eye the Prize and such third parties shall not be entitled to enforce any of these terms and conditions against Eye the Prize. Accordingly, these terms and conditions are excluded from the Contracts (Rights of Third Parties) Act.

These terms and conditions and any document expressly referred to herein represent the entire agreement between you and Eye the Prize in respect of your use of the Website and shall supersede any prior engagement, understanding or arrangement between you and Eye the Prize whether oral or in writing.

These terms and conditions are subject to the laws of England and the exclusive jurisdiction of the English Courts.

If you have any questions about these terms and conditions, require any further information or you would like to make a complaint, you may e-mail us at powwow@eyetheprize.com or write to us at : The Ashridge Business Centre, 121 High Street, Berkhamsted, Hertfordshire HP4 2DJ.

ADDITIONAL TERMS APPLICABLE TO INDIVIDUAL MEMBERS

These terms are applicable to Individual Members in addition to the General Terms and Conditions of Use set out above.

Your Profile

You are responsible for the content of your profile, and we encourage our members to include as much information and as many resources as you wish. However, we ask you to take responsibility for ensuring that any information you do post is accurate and lawful and you hereby warrant that nothing you upload onto our Website will breach any third party rights. You should also make sure that you check any local laws or regulations to ensure that nothing you post breaches any such laws or regulations.

We would recommend that you think hard about what you post on your profile. While exposure of your work is great, remember that once you have posted it anyone, including visitors to the Website who have not purchased membership, can view it. We reserve the right to re-publish any work that you post onto the Website strictly on a non-commercial basis and only in connection with the opportunity to which that work relates, for example if you are the winner of a competition or a bursary and we wish to post some news identifying you. This is for your benefit too.

Cancellation

You may cancel your membership at any time by selecting the relevant options in the ‘Account’ section of the Website once you are logged in. 

Collaborations

One of the functions on our Website is the opportunity to connect with other members in order to collaborate on certain projects. This may be useful if, for example, you wish to apply for a particular Opportunity and want someone to work with in order to create your submission. We think this is a great way for like-minded people to meet and work together; however we would encourage you to take all necessary precautions in respect of any collaborations. We do not screen our members and accordingly if you arrange any meeting or contact with another member, you do so at your own risk.

We would also suggest that, if you do decide to collaborate with another member, you agree the basis of your collaboration before you commence working together, and ensure that all parties are in agreement on how the rights in whatever you produce will be owned and can be used.

ADDITIONAL TERMS APPLICABLE TO ORGANISER MEMBERS

These terms are applicable to Organiser Members in addition to the General Terms and Conditions of Use set out above.

Opportunities

We do not charge a fee for you to post Opportunities on our Website. However, you are solely responsible for the accuracy of the Opportunities you post and for delivery/fulfilling those Opportunities. We ask that you ensure that you complete all the necessary information at the time you complete the submission form so that Members have access to all the information they need to decide whether to pursue such opportunity. You warrant that the details of any Opportunity you submit are accurate, and that you will fulfil the prize/awards/benefits/commitment being offered.

You also warrant that any opportunity you submit will comply with all relevant laws and regulations as applicable including without limitation the Gambling Act 2005 and any local laws or customs such as employment laws relevant to the particular country or region in which such opportunity is offered (if applicable).

Enhancements

We will offer the following paid enhancements as ways for you to boost publicity of your opportunity:

Featured Opportunity
Opportunity of the Day
Bump Up
(the “Enhancements”).

You can read more about what each of these Enhancements entails, and how much they cost, on the ”Pricing” page of our Website.

We only offer Enhancements that we intend to carry out, and we do our very best to ensure that we honour any Enhancements purchased. However, there may be times when for some reason an Enhancement that you have purchased is not able to go live or there is a break in the period of Enhancement. This could be, for example, if our Website is undergoing essential maintenance. If we are unable to fulfil the Enhancement you have purchased:

Where the Enhancement is an ‘Opportunity of the Day’ – we will try to ensure that we post your opportunity as the Opportunity of the Day within five days of the original date intended for posting. If we are unable to honour this commitment, we will do our best to contact you to let you know.

Where the Enhancement is a ‘Featured Opportunity’ – we will refund a pro-rated proportion of the fee you paid in respect of every full period of 24 consecutive hours that your opportunity is not showing as a Featured Opportunity on the booked days. For example, if you have booked a Featured Opportunity for 7 days and your opportunity only displays as a Featured Opportunity for 5 of those 7 days, then we will refund you for 2/7 of the price you paid for that Enhancement.

Payment

When you are ready to make payment for your Enhancement or Group Membership pack, you will be directed to enter the relevant payment information. Your contract with us will be formed at the time that you receive an email confirming your payment.

All our charges for Enhancements and Group Membership packages are inclusive of VAT. You will need to contact us and provide us with evidence if you are VAT exempt or there is another reason why VAT should not be added to your fees. We will not automatically issue VAT invoices. If you want a VAT invoice issued then please contact us on biz@eyetheprize.com.

Charity Partners

When you make payment of the relevant fees for your Enhancements, we donate £1.00 from every ‘Opportunity of the Day’ and ‘Featured Opportunity’ to our charity partners. All donations are distributed equally between Blue Ventures and Right To Play. All funds raised are used for carefully planned and monitored activities, utilising donations as effectively as possible. Both operations are 100% transparent.

Cancellation and Refunds

Subject to the other terms and conditions herein, unfortunately we are not able to offer refunds on Enhancements. We will do our best to accommodate a change in date or time for any Enhancements that you have purchased, so please do contact us if you would like to change the details for any booked Enhancements.

EYETHEPRIZE.COM PRIVACY POLICY

At Eye the Prize we are committed to respecting your privacy. For the purposes of the Data Protection Act 1998 the Data Controller is Eye the Prize Limited. Any personal information submitted on the Website is controlled primarily by us.

When you create a profile on our Website we collect personal information such as your name, and e-mail address. This allows us to provide you with news and services and allows you to make the best use of the opportunities on our Website. We also monitor customer traffic patterns and site usage to help us continue to develop and improve our Website. We may also use the information we collect to occasionally notify you about important functionality changes to the Website, new services and special offers we think you’ll find valuable. However, we will only do this if you have opted in to receive such notifications. You can change your settings at any time in order to opt in or out of these sorts of notifications.

We store any personal information we do hold about you on a secure server which encrypts all information you input before it is sent to us. As required by the European data protection legislation, we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you.

Our Website uses cookies. Cookies are small pieces of information that are stored by your browser on your computer’s hard drive. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that.

We will only pass on your personal information to trustworthy third parties and only ever with your prior consent. When you enter personal information on our Website you can select how you wish for us to process your information. You can also change these options at any time by logging in to your profile.

We may also provide aggregate statistics about our users, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personally identifying information.

We employ other companies and individuals to perform functions on our behalf, including third party payment handlers. Other examples include analysing data and providing marketing assistance. Such companies and individuals will have access to personal information needed to perform these functions, but they may not use it for any other purposes and are also required to process the data in accordance with UK and European data protection legislation.

Please note that the information you enter may be transferred outside the European Economic Area for the purposes of processing by us and our agents and in order to maintain customer accounts for you. Any transfer of personal information outside of the European Economic Area is done in circumstances ensuring that the information is processed only in accordance with these terms and conditions and relevant UK and European data protection legislation. By entering any personal information on our Website you consent to this transfer.

This Website contains links to other third party websites which will have their own terms and conditions. Where you click on such links we recommend that you read the terms and conditions for the third party website you are visiting. When you access any other site please be aware that it is independent from us and our Website and we take no responsibility for the content of such sites.

In no event will we be liable for any direct, indirect, special or other consequential damages as a result of your use of any other hyper linked Web site including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling system or otherwise.