Updated: January, 2015
Acceptance of Creator Rules
By utilizing the Services and/or clicking “I Agree”, you agree to and are bound by the Creator Rules set forth herein and any changes hereto that One Spark, Inc. ("One Spark," “we,” “us,” or “our”) may publish from time to time (collectively, the "Rules"). If you do not agree to all of the terms and conditions contained in the Rules, you should not become a Registered User of the Services.
Unless otherwise noted, all times appearing throughout the Rules shall be construed to be in Eastern Standard Time, and all monetary amounts shall be construed to be in US Dollars (USD).
The Rules contained herein shall govern all aspects of Registered User conduct. No deviation from these Rules shall occur without the express written permission from at least one member of the One Spark executive board. Other One Spark employees, representatives, and personnel are not authorized to approve deviation from the Rules and any such alleged approval will be deemed void.
Informal Dispute Resolution
In instances wherein these Rules are found to be ambiguous or otherwise unclear, you agree that One Spark’s interpretation of the Rules shall govern, as expressed by the One Spark executive board and/or an individual appointed by the One Spark executive board.
Eligibility to Register
Registered Users must be at least 18 years old in order to become Registered Users. Persons under 18 years of age may become Registered Users with the consent and accompaniment of a parent or legal guardian who is at least 18 years old, so long as such parent or legal guardian also agrees to be bound by the Rules and agrees to be responsible for such use of the Services by the underage Registered User. Registered Users suspended from the Services are not eligible to use the Services. Additionally, employees of One Spark and the immediate family members of One Spark employees may not register as Creators, nor may individuals, businesses, other entities, or representatives thereof who have an annual operating budget that exceeds $1,000,000.00. One Spark reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove, or suspend any Project, Donation, or the Services at any time for any reason without liability.
Registered Users may also be Creators. A Creator is someone bringing his or her Project to showcase at a One Spark 2015 designated Venue. Projects are described in more detail below. A Registered User who submits a Project will be a Creator of that Project. Additional Registered Users may be designated Creators for a Project.
Registered Users desiring to become registered Creators must additionally pay a non-refundable Entry Fee for themselves and their associated Project according to the following schedule:
December 01, 2014 – December 14, 2014: $65.00
December 15, 2014 – January 18, 2015: $75.00
January 19, 2015 – February 25, 2015: $95.00
The Entry Fee is $25 for student Registered Users that have a valid student e-mail address that ends with the “.edu” suffix.
If more than one Registered User makes a significant contribution to a Project, then each such Registered User must register as a Creator for that Project. However, in no instance shall more than five Creators be designated for a given Project. Only one Creator may register the Project at the time of entry; any additional Creators may be added to the Project after a Matchmaking process is completed. Registration of additional Creators requires an additional Entry Fee of $65.00 per Creator. While a Registered User is allowed to be involved in multiple Projects in a supportive capacity, Registered Users are prohibited from registering as a Creator for multiple Projects.
Upon registration, the registering Creator must submit at least two digital images. A video presentation is recommended, but not required of the Creator’s Project.
Creators are responsible for all fees associated with installing, transporting, displaying, and otherwise handling their Projects before, during, and after the One Spark Festival. Creators are also responsible for all fees required by their matched Venue. In some cases, a Venue may require Creators to complete a Venue License Agreement.
All registered Creators may receive an All Access Creator pass to the One Spark Festival for which they are registered. Creators must attend and participate in the One Spark Festival. Any Creator or Project that does not check in at the One Spark Festival will not be eligible for Award distribution. Projects may be disqualified if all related Creators do no check in at the One Spark Festival. If disqualified, the Project will not be eligible for Award distribution.
Registered Users who registered as Creators in previous One Spark Festivals are eligible to register as Creators for any subsequent One Spark Festival. However, any Project that has been previously displayed at a One Spark Festival may not be displayed again at subsequent Festivals.
Each Creator may showcase a single Project at a One Spark designated Venue. A Project may comprise a specific plan, design, or undertaking with a defined, specific, and communicable purpose. Although a Project may be at any stage of development, it will ultimately need to be completed. A completed Project must produce a tangible result or facilitate the provision of an intangible service. Exemplary Projects may include: making an album, producing a film, engineering a new software application, commencing a social good initiative, and the like. Displaying a Project at a One Spark Venue increases its probability of receiving funding in the form of Donations from Contributors and other Awards. Additionally, Projects displayed at a One Spark Venue are able to receive conceptual validation and constructive feedback from the public, as well as foster networking opportunities with key individuals.
A Project must be the original work of the Creator(s) associated with it. The Creator(s) is responsible for ensuring that the Project does not infringe upon any third party proprietary rights or intellectual property rights. Each Registered User covenants and agrees that no utilization of the Services, including uploading images, infringes any third party proprietary rights or intellectual property rights and further agrees to indemnify One Spark against all claims, costs and liabilities, including but not limited to reasonable attorneys’ fees and costs, arising out of or related to breach of any of its covenants and/or representations in these Creator Rules. The obligations in the previous sentence shall survive the expiration or termination of these Creator Rules.
Additionally, no Project shall be used for any illegal activity, be used to harm people or property, or to scam individuals. Creators must comply with all applicable laws and regulations in connection with their Projects, including in the furnishing of Rewards and the utilization of Donations. Creators shall not make any false or misleading statements with regard to their Projects.
Each Project must be owned by the Creator(s) to which it is attributed at the time of registration.
All Projects that are to be displayed during the 2015 One Spark Festival must be set up at their respective One Spark Venues by April 8, 2015 at 10:00 AM and remain on display during all One Spark 2015 Venue showcase hours as follows:
April 08-11, 2015: 11:00 AM – 9:00 PM; and
April 12, 2015: 11:00 AM – 3:00 PM.
Every displayed Project must abide by all Creator Rules. Furthermore, all Creators and Projects must abide by any and all applicable local, state, and/or federal laws, codes, and ordinances. One Spark may disqualify any Project that is deemed to be inappropriate.
Projects that are time-based or performance-oriented must be performed within the five days of the One Spark Festival; that is, April 08, 2015 – April 12, 2015. Additionally, such Projects must be represented in some form throughout the entirety of the Festival, such as by artifact or other representation expressly approved of in written form by One Spark.
One Spark will distribute crowdfund monies in accordance with a public vote as described on the One Spark website. Voting opens on April 08, 2015 at 11:00 AM and closes on April 12, 2015 at 3:00 PM. Voters must validate their voting registration in person at the One Spark Festival, and votes may only be cast by Voters at the Festival. Each registered Voter may vote only once for a given Project, while voting for as many Projects as desired. Votes may be placed via the One Spark mobile device software application, the One Spark website, kiosks located at the One Spark Festival, or via text message. Creators and Registered Users may be Voters.
Voters shall strive to vote for Projects objectively. Criteria that may guide voting behavior as pertaining to the various Projects may include:
Project Sensory Appeal;
Project Skill Level;
Project Entertainment Capacity;
Project Potential for Public Good; and
Votes will be allocated across six Creator categories comprising Art, Education, Health and Science, Music, Social Good, and Technology. The Projects in each of the six categories that receive the most votes will receive a $15,000.00 bonus Award to be distributed by One Spark. One Spark will announce the winners on Sunday, April 12, 2015 during the closing ceremony that starts at 5:00 PM.
One Spark will disburse funds in proportion to Voter allocation approximately 6-8 weeks after the close of the One Spark Festival, once the Projects have been verified. Projects must receive a minimum of 0.1% of the overall votes in order to qualify for a portion of the monetary distribution. Monies that would have been distributed to Projects with less than 0.1% of the overall vote will be redistributed proportionally to those Projects with at least 0.1% of the overall vote. Voting results will be available for review on the One Spark website.
Immediate Individual Donations
In addition to the crowdfund disbursements, Creators may receive immediate individual Donations pledged by Contributors as described on the One Spark website. Immediate individual Donations may be received from Voters or any Registered Users between 11:00 AM on April 08, 2015 and 3:00 PM on April 12, 2015. Such Donations may be for any amount and must be made via the One Spark mobile device software application, the One Spark website, or the various kiosks located throughout the One Spark Festival. Creators may not make Donations to their own Project. Immediate individual Donations that are not submitted through the One Spark Services will not be allowed without One Spark’s prior express written approval.
The Project that receives the most in immediate individual Donations will receive a $15,000.00 bonus Award in addition to the received immediate individual Donations. However, if it is determined that a Project has received a Donation for the sole purpose of obtaining the $15,000.00 bonus award, and subsequently the Donation is refunded to the Contributor, then the bonus award shall be forfeited and other sanctions may be imposed at One Spark’s sole discretion. For the purposes of the bonus award, monies will not be counted toward a Project unless the money is received and acknowledged by One Spark via the One Spark mobile device software application, the One Spark website, or the various kiosks located throughout the One Spark Festival by April 12, 2015 at 3:00 PM.
In addition to crowdfund disbursements and immediate individual Donations, each Project is eligible to receive a juried prize of $15,000.00. The juried prize will be awarded to one Project in each of the six Creator categories.
The winners of the juried prizes will be selected by a jury within each of the six Creator categories. Each jury will comprise a panel of one to five experts within the respective categories. The jury panels will be chosen by the One Spark board of directors after an open application period. In forming their assessments, jury panel members will make at least two attempts to meet and speak with the representative(s) of each Project in their category during the One Spark Venue showcase hours.
The jury panel members within each Creator category shall have the sole discretion to determine the winner of the juried prize in each category. In making their determination, jury panel members shall use objective criteria, including:
Project Sensory Appeal;
Project Skill Level;
Project Entertainment Capacity;
Project Potential for Public Good; and
Juried prizes will be awarded to the respective winners during the One Spark closing ceremony that starts on Sunday, April 12, 2015 at 5:00 PM. Winners will be posted on the One Spark website.
All monies receivable by a Creator, whether as a bonus from Voter-based crowdfunding, an immediate individual Donation, a juried prize, or from any other source deriving directly or indirectly from One Spark (collectively, “Awards”) must be received from One Spark in order to ensure validity. Any monies to be received by a Creator due either directly or indirectly to the Creator’s participation in a One Spark Festival from other sources must be expressly approved of in writing by at least one member of the One Spark executive board before receipt.
As an additional way to obtain financial support for a Project, Creators have the option to opt-in to campaign-based crowdfunding at the time of registration. Only Creators who are ultimately matched with a Venue will be eligible to engage in campaign-based crowdfunding.
Campaign-based crowdfunding allows Creators to expand their crowdfunding endeavors for their Projects in the form of a “Campaign” that extends beyond the One Spark Festival. Creators must begin their Campaigns during the Festival, and a started Campaign may not end until after the Festival ends.
Campaigns may be posted on and/or be accessible via the One Spark mobile device software application, the One Spark website, and the various kiosks located throughout the One Spark Festival. Contributors may make one or more Donations of any amount to Creators of their choosing during a Campaign. Creators may choose to provide Rewards to Contributors in the form of tangible items and/or intangible services. Rewards are not available for sale. Rewards may not be distributed until after 3:00 PM on April 12, 2015. One Spark does not make any assurances regarding the legality, morality, safety, or quality of any Project, Reward, or Donation made available via the Services. One Spark does not provide any assurances that Donations will be used as indicated by Creators, or that Creators will furnish Rewards. Any listed date of Reward delivery is an estimate made by the Creator; Rewards are not guaranteed to be provided at that time. Creators are urged to communicate changes in the Reward delivery date promptly to Contributors. In some aspects, Creators may need additional information in order to furnish Rewards, such as a Contributor’s postal address or t-shirt size. Contributors should respond to these questions promptly in order to help facilitate Reward delivery.
In an effort to incentivize higher Donations from Contributors, Creators may offer a multi-tiered Reward structure based on proportionally to Donation size. However, under no circumstances may a Creator offer more than 15 Reward levels.
Creators shall not be permitted to offer or provide any of the following as a Reward:
any form of “security” (as such term is defined in the Securities Act of 1933);
any form of financial incentive;
participation in any profit sharing;
any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
any controlled substance or drug paraphernalia;
any weapons, ammunition, and related accessories;
any form of lottery or gambling;
any form of air transportation;
any items promoting hate, discrimination, person injury, death, damage, destruction to property; or
any items: (a) prohibited by applicable law to possess or distribute; (b) that would violate applicable law if distributed; and/or (c) that would result in infringement or violation of another person’s rights if distributed.
Conflicts between Creators and Contributors
Creators are legally bound and are solely responsible to perform on any promise and/or commitment to Contributors, including furnishing Rewards. If a Creator is not able to deliver on any promise and/or commitment to Contributors, the Creator shall work with the Contributors to find a mutually agreeable solution, which may include issuing a refund of the Donations by the Creator. One Spark is under no obligation to become involved in conflicts between Creators and Contributors, or Registered Users and any third party. Upon the occurrence of any conflict, including a Creator’s alleged non-compliance with the Terms or Creator Rules or alleged failure to furnish a Reward, One Spark may provide the Creator’s contact information to the Contributor in order to facilitate communication needed for the two parties to solve their issue.
While One Spark is not a party to any conflict that arises between a Creator and one or more Contributors, a Creator who is unable to deliver on any promise and/or commitment to Contributors with regard to a Project may consider taking one or more of the following actions in an effort to appease such Contributors:
- posting an update explaining how much of the Project has been completed, how received Donations were used, and why the Project cannot be finished as originally planned;
- working diligently and in good faith to bring the Project as close to completion as possible, while communicating the timeframe for such completion to Contributors;
- demonstrating that received Donations have been used appropriately and reasonable efforts have been made to Complete the Project as promised;
- being honest and avoiding making material misrepresentations while communicating with Contributors; and
- offering to return unused Donations to Contributors who have not received any Rewards, or explaining how non-refunded Donations will be used to finish the Project in an alternative form.
Creator Campaign Duties
Creators are permitted to offer Rewards to Contributors for Donations. In so doing, Creators are legally bound to perform on any promise and/or commitment made to Contributors, including furnishing any Rewards. Creators shall respond promptly and truthfully to all questions asked of them by One Spark or any Contributor. If a Creator is not able to perform on any of its promises and/or commitments to Contributors, including furnishing Rewards, the Creator shall make an effort with the Contributors to find a mutually agreeable solution, which may include a partial or total refund of their Donations. Creators shall comply with all applicable laws and regulations regarding the use of Creators have the sole responsibility to collect and remit any taxes on Donations, as well as any taxes due as relating to Rewards. One Spark may attempt to verify the identity and/or other information provided by Creators, and in so doing we may delay, withhold, reverse, or refund any Donations or other amounts without notice or liability in the event we are unable to satisfactorily verify any such information.
Creators may cancel promises and/or commitments made to a Contributor by completely refunding that Contributor’s Donation. Refunds may be made at any time. Creators should keep in mind that Donations are not guaranteed to come to fruition; various circumstances, such as the expiration of a Contributor’s credit card, may prevent Donations from being collected. For this reason, Creators are strongly discouraged from spending money from Donations until they are able to access such money.
Contributors bear the sole responsibility to ask questions and investigate Creators and their Campaigns to any necessary extent before making Donations thereto. All Donations are made voluntarily and at the sole discretion and risk of the Contributor. One Spark cannot and does not guarantee that Donations will be used as indicated, that Creators will furnish promised Rewards, or that a Project will come to fruition. Contributors alone have the sole responsibility in determining the tax implications of their Donations and received Rewards. In the event that a Donation is returned to a Contributor, the associated Reward(s), if any, will be canceled.
Donations are not refundable except as to any extent decided upon by a Creator and a Contributor in the event the Creator cannot deliver on one or more promises and/or commitments to the Contributor, such as the furnishing of Rewards.
Taxing authorities may classify funds obtained via the Services as taxable income to Creators and any beneficiaries who will receive funds directly from applicable Projects. Any tax questions are encouraged to be directed to a tax professional.
Creators shall not provide any contest, competition, giveaway, sweepstakes, or similar activity (each, a “Promotion”) on the Services without prior written permission from One Spark. One Spark has the sole and absolute discretion to grant or withhold such permission. If such permission is granted, each Creator offering a Promotion acknowledges and agrees that: (a) such Creator shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any Donation or other payment of any amount as the sole method of entry into such Promotion; and (c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) One Spark does not sponsor, endorse, or administer the Promotion; (ii) each participant or entrant in the Promotion releases One Spark from any and all liability; and (iii) all questions concerning the Promotion must be directed to the Creator and not One Spark.
***One Spark 2015 Creator Rules are subject to change.