checklist - contest (online - rules)

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Acceptance of the rules (clickwrap) How is it set up? In case of processing of the data beyond the administration of the contest, do we need to and can we separately capture consent to the extended processing (e.g. direct marketing) ? Can we prove acceptance as a process? Can we prove acceptance of an individual participant? In case of contests for children, how do we get the acceptance of the rule for them (by the parents)? Basic info on the contest Who organises the contest? (one company, coalition of companies, etc.) Who can participate? Who can not participate? (non-discrimination, but e.g. people involved in setting up the rules and contest, minors, etc.) During what time can / should a participant enrol? (starting date, end date, open periods, take into account timezones) What action(s) are required to participate? (buy, fill in form, submit a creative work, etc.) Can there be more than one submission? Can a participant retract his former entry and insert a new one? What about someone who accidently uploaded the wrong file (e.g. non-edited version)? What about someone who uploaded a file and discovers a technical issue (e.g. audio isn’t played on the platform)? No questions or other queries allowed in the correspondence with the organiser Disqualification Insert general disqualification clause for cheating, attempting to cheat, unsportsmandlike, disruptive and disorderly conduct, etc. Are there any specific reasons for disqualification? Reward What is the reward for the winner(s)? Are there any costs related to the reward (e.g. to pick it up or get it delivered)? Can the reward be transferred or is it personal? Can the reward be exchanged, redeemed in cash or not? Winner(s), “Gaming”, not “gambling" How is (are) the winner(s) determined? In case of ranked winners, is it clear how the ranking will be performed? Are the criteria (winning and ranking) objective or subjective? Are the criteria defined as well as possible? In case of subjective criteria, is the jury sufficiently independent? If chance is a part of determining the winner(s), what is its impact on the overall process of determining the winner(s)? Are we comfortable that there is enough skill required to determine the winner(s), rather than mere chance? Can the win conditions be “gamed” (cheated)? How will the winner(s) be announced? (privately contacted via mail, via email, publication on the website) When will the winner(s) be announced (at the latest)? Are there any obligations for the winner(s)? (e.g. photograph, testimonial, publication of the submission, transfer of IP, etc) Regulation of intellectual property of submissions (only if applicable) Warrant that the submission is “owned” by the participant in terms of intellectual property

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Just a basic checklist of things you want to think about and consider including in the rules of the (online) contest you organise. There may be additional aspects in specific jurisdiction, but these - in my experience - are more or less "universal".

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Page 1: Checklist - Contest (Online - Rules)

Acceptance of the rules (clickwrap)☐How is it set up?☐In case of processing of the data beyond the administration of the contest, do we need to and can we separately capture consent to the extended processing (e.g. direct marketing) ?☐Can we prove acceptance as a process?☐Can we prove acceptance of an individual participant?☐In case of contests for children, how do we get the acceptance of the rule for them (by the parents)?

Basic info on the contest☐Who organises the contest? (one company, coalition of companies, etc.)☐Who can participate? Who can not participate? (non-discrimination, but e.g. people involved in setting up the rules and contest, minors, etc.)☐During what time can / should a participant enrol? (starting date, end date, open periods, take into account timezones)☐What action(s) are required to participate? (buy, fill in form, submit a creative work, etc.)☐Can there be more than one submission? Can a participant retract his former entry and insert a new one? What about someone who accidently uploaded the wrong file (e.g. non-edited version)? What about someone who uploaded a file and discovers a technical issue (e.g. audio isn’t played on the platform)?☐No questions or other queries allowed in the correspondence with the organiser

Disqualification☐Insert general disqualification clause for cheating, attempting to cheat, unsportsmandlike, disruptive and disorderly conduct, etc.☐Are there any specific reasons for disqualification?

Reward☐What is the reward for the winner(s)?☐Are there any costs related to the reward (e.g. to pick it up or get it delivered)?☐Can the reward be transferred or is it personal?☐Can the reward be exchanged, redeemed in cash or not?

Winner(s), “Gaming”, not “gambling"☐How is (are) the winner(s) determined? ☐In case of ranked winners, is it clear how the ranking will be performed?☐Are the criteria (winning and ranking) objective or subjective?☐Are the criteria defined as well as possible?☐In case of subjective criteria, is the jury sufficiently independent?☐If chance is a part of determining the winner(s), what is its impact on the overall process of determining the winner(s)?☐Are we comfortable that there is enough skill required to determine the winner(s), rather than mere chance? ☐Can the win conditions be “gamed” (cheated)?☐How will the winner(s) be announced? (privately contacted via mail, via email, publication on the website)☐When will the winner(s) be announced (at the latest)?☐Are there any obligations for the winner(s)? (e.g. photograph, testimonial, publication of the submission, transfer of IP, etc)

Regulation of intellectual property of submissions (only if applicable)☐Warrant that the submission is “owned” by the participant in terms of intellectual property

Page 2: Checklist - Contest (Online - Rules)

(incl. brand, right of photography, trade mark, copyright, etc.) and that he can submit it for participation; if needed a hold harmless clause☐Do we want / need a transfer of intellectual property rights to the organiser? In a broad way, or a limited way?☐Do we want / need a transfer of intellectual property rights to others? In a broad way, or a limited way?

Regulation of data processing ☐Who is the controller for the data?☐What is the data set that will be processed? (not required to be extensive here if that is clear from the form, but is required in case we e.g. capture data “under the radar” like IP, computer setting, behaviour, etc.)☐What purpose(s) will the data be used for? (mere administration of the contest, or more)☐Who will receive the data, in terms of companies, categories of people and/or individuals?☐Will third parties be used in the end-to-end data process, e.g. to capture and/or store the submissions, to contact the participants, etc.?☐What are the rights of the data subjects? How can they be executed?☐Is there any other information we need to provide to the participants for them to not be surprised by the data processing or will entrust us with the data (e.g. with regard to security measures?

Complaints, disputes☐Can complaints be uttered? Which ones? ☐How can complaints be uttered? Towards who? ☐How will complaints be tackled (out-of-court)?☐Insert a liability limitation clause, in general and for items beyond our control?

Changes and interpretation☐Do we provide examples to clarify the rules, e.g. via FAQ?☐Do we foresee the possibility to clarify some of the rules, e.g. as questions are asked in terms of interpretation (via FAQ or examples)?☐Do we need to foresee a change to the rules?