Submission Rules

Terms and Conditions of Use for Clients on ChallyPop

Acceptance of Terms

By accessing or using this website ( "ChallyPop"), you agree to comply with and be bound by these Terms and Conditions of Use ("Terms"). If you do not agree to these Terms, you may not use ChallyPop. These Terms apply to all users of ChallyPop.

User Eligibility

You must be at least 13 years old to use ChallyPop. By using ChallyPop, you represent and warrant that you are at least 13 years old.

You also represent and warrant that you have the requisite capacity to submit a challenge (e.g. in terms of ownership of any copyrighted material, you have such licences and permissions as required by law etc.)

Challenge Content

You are solely responsible for any content you post or upload to ChallyPop for challenges ("Challenge Content"). You retain ownership of your Challenge Content, but by posting or uploading it, you grant ChallyPop a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your Challenge Content in any and all media formats.

You agree not to post or upload any Challenge Content that:

(a) infringes any third-party intellectual property rights;

(b) is defamatory, obscene, offensive, hateful, or discriminatory;

(d) violates any law or regulation; or

(e) is otherwise inappropriate.

ChallyPop reserves the right to remove any Challenge Content that violates these Terms or is otherwise objectionable, (in ChallyPop’s sole discretion) and such content shall not be eligible for the challenge for which it has been entered.

Repeat infringements of the above Challenge Content criteria may result in a temporary or permanent ban from the site and where necessary, the relevant authorities may be contacted.

Payment Terms

The following terms apply to clients who submit challenges:

The client funds the prize pot for each challenge by sending the total prize monies (plus challenge fee) to ChallyPop. ChallyPop holds the monies until the end of the challenge. ChallyPop then distributes the prize money to creators in accordance with what was offered in the challenge.

All payments relating to proposed challenges must be made upfront with no exceptions.

Invoices will be sent from ChallyPop Limited in the UK.

The client is aware that they cannot re-use or repurpose the content made by creators.

However, they have the option to enhance their content reach potential by ordering a TikTok SparkAds campaign (at additional cost).

ChallyPop reserves the right to deny a collaboration with a client without the need for reason or explanation.

The client acknowledges that submissions for their challenge are public i.e. anyone can visit the website and check submissions for each challenge.

The following terms apply to creators who have won a competition prize in a challenge:

After entering a challenge, creators should check the Website (when the challenge has ended) to see if they have won. ChallyPop will make any relevant payments to the creator by using the payment details provided when the creator uploaded the User Content. If incorrect payment details were provided, the creator will forfeit their earnings as ChallyPop has no way of contacting the creator. ChallyPop reserves the right to change the payment service provider at any time.

Creators acknowledge that they will be solely responsible for the payment and reporting of all taxes which they will be responsible for in any jurisdiction arising from their ChallyPop earnings. Challypop bears no responsibility for collecting, reporting, paying, or remitting any such taxes to you or any other party.

Challenges

Challenges will be drafted by ChallyPop based on the information provided.

It is agreed that ChallyPop’s decision in selecting the winner(s) of a particular challenge are final and not subject to change for any reason whatsoever, unless it is found that a creator has breached one of the Terms stated in this Terms of Use. ChallyPop reserves the right to withhold payment of challenge monies and select an alternate winner if this is found to be the case.

Notwithstanding the above, if they have selected the option on the submission form, the Client may assist with the selection of the top three prize winners. In this instance, ChallyPop will reach out to them after the challenge has ended. The client must share thoughts within 7 days of such contact or else ChallyPop will revert to the selection process stated above.

ChallyPop has no control over submissions. Anyone can participate and upload social media links. No content will be shared for approval. As such, the client acknowledges and accepts that

not every creator will be a fan of the subject submitted for the challenge (e.g. the book or film, etc) and that this may lead to unavoidable negative feedback.

Advertising

As with all social media platforms, advertising must be clearly marked and recognisable as such. Creators should use clear terms and hashtags to indicate where User Content has been sponsored, and in any event, this should be determined by the rules in the creator’s country of residence and the creator must ensure that they are familiar with such rules and have complied with them.

In using ChallyPop, the creator agrees that they have complied with the aforementioned rules relating to advertising and ChallyPop shall take no responsibility should a creator fail to declare any such advertising clearly.

Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and disclose information about you.

Intellectual Property Rights

ChallyPop’s website and its contents, including but not limited to text, graphics, logos, and software, are protected by copyright, trademark, and other laws. You may not modify, reproduce, distribute, create derivative works of, publicly display, or otherwise use any portion of the website without the prior written consent of ChallyPop or the respective rights holder.

Prohibited Activities

Clients and creators agree not to:

(a) use ChallyPop for any illegal or unauthorised purpose;

(b) interfere with or disrupt ChallyPop or any servers or networks connected to ChallyPop;

(d) engage in any conduct that restricts or inhibits anyone else's use or enjoyment of ChallyPop;

(e) impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;

(f) violate these Terms or any applicable law or regulation.

Termination

ChallyPop may terminate or suspend your access to the website at any time, with or without cause, and without prior notice. Upon termination, your right to use ChallyPop will immediately cease.

Disclaimer of Warranties

ChallyPop is provided on an ‘as-is’ and ‘as available’ basis, without any warranties of any kind, express or implied. ChallyPop disclaims all warranties, including but not limited to fitness for a particular purpose and non-infringement.

Limitation of Liability

In no event shall ChallyPop be liable to the website user or any third party for any indirect, consequential, incidental, special or punitive damages arising out of or relating to use of the Website, even if ChallyPop has been advised of such damages.

Further, ChallyPop is not liable for the following which may affect use or enjoyment of the Website: defectiveness of devices, software, or materials of third parties,

government measures, power malfunction, malfunction of the internet, data network and telecom facilities (e.g. due to: cybercrime and hacking), natural disasters, war and terrorist attacks, general transport issues, work strikes at ChallyPop, and any other situations that in the opinion of ChallyPop fall outside their sphere of control which temporarily or permanently prevent compliance with their obligations.

ChallyPop does not guarantee that the Website will always meet the expectations created in advance. ChallyPop has the right to suspend the use of the Website. ChallyPop furthermore has the right to take all measures that it deems reasonably necessary to be able to assure the effective functioning of the Website e.g. to carry out maintenance or to introduce new functionalities.

ChallyPop bears no responsibility for nor does it guarantee the quality of what is offered in terms of challenges, the authorisation of the client to post the challenge on the Website, nor regarding the correctness and completeness of the information offered.

Every creator has an independent obligation to investigate the challenge that is offered by a client. All information and figures that are displayed on the Website are subject to spelling and typing errors. ChallyPop bears no liability if the challenge does not meet the expectations of a creator.

Governing Law

These Terms are governed by and construed in accordance with the laws of the UK, without regard to its conflict of law principles.

Changes to Terms

ChallyPop reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Platform. Your continued use of the Platform after any changes to these Terms constitutes your acceptance of the revised Terms.

If you have any questions or concerns about these Terms, please contact us at hello@challypop.com

Last updated: April 2024