OPEN CALL TERMS — THE INVISIBLE PLOT
Working document. It does not constitute legal advice; a final review by a specialised lawyer is recommended (in particular sections 6, 11 and 14). Written in a neutral, impersonal register ("the participant").
This open call (the "Open Call") is organised by Ruth Leon-Alarcon, sole trader (Einzelunternehmerin / Kleinunternehmerin) operating under the name The Invisible Plot, registered as an advertising agency (Werbeagentur) in Austria, VAT no. ATU67773377, with address at Poststraße 1/2, 5310 Mondsee, Austria (hereinafter "TIP" or "the Organiser"), owner of the website theinvisibleplot.com. Contact: info@theinvisibleplot.com.
TIP is a social-impact project that gives visibility to emerging artists through garments. Each edition of the project ("Plot") revolves around a theme and a social cause. The Open Call invites artists to submit original designs on the theme of the current edition. All submissions received that meet the requirements of these Terms and do not fall under the prohibitions of section 5 are published and put to the community vote, whose vote determines the winning design. TIP does not carry out an editorial selection nor pre-select finalists: its role is limited to checking that the work is admissible (meets the requirements and infringes neither rights nor the content prohibitions). The winning design is produced and sold on TIP products, and its author becomes the "Plotter" of that edition. Participation is free: there is no entry fee and no purchase required to take part.
Natural persons may participate who, at the time of participating, meet all of the following conditions:
a) Be of legal age (18 years or over) and have full capacity to enter into obligations.
b) Be the author of the submitted work and holder of all necessary rights in it.
c) Provide truthful data and confirm a valid means of contact (see 4.2).
Nature of the Open Call: the winner is decided by community vote (merit), with no element of chance and no entry fee. It is therefore a contest, not a prize draw.
4.1. Submission. Complete the participation form (at the end of this document and published on theinvisibleplot.com), accept these Terms and the
Privacy Policy, and attach the work in the formats and technical specifications indicated on the Open Call page.
4.2. Contact confirmation (double opt-in). After submitting the form, the person receives a confirmation email with a link. Participation is only
considered valid once it is confirmed through that link. The same email also includes a personal and permanent link that allows the person to withdraw and delete the work at any time (see section 12).
4.3. Limit. Each person may submit one (1) work per Plot.
4.4. Identity and tax data. To participate, only the minimum necessary data is requested. Full identity and billing details are requested only if the work
wins, in order to pay the royalty (data minimisation principle). Late, incomplete or non-compliant submissions are not accepted. The deadline is the one indicated on the page of the current Open Call.
5.1. Originality and rights. The work must be original, and the participant must hold all necessary intellectual property rights, free of encumbrances or
third-party rights. Works are not admitted that reproduce or derive from third-party works, that include protected trademarks, characters or elements, or that include the image, voice or data of identifiable persons, without the corresponding authorisation.
5.2. Prohibited content. Works are neither admitted nor produced that:
constitute or promote the exploitation or sexualisation of minors (absolute prohibition, without any exception); incite hatred or discrimination on grounds of race, ethnicity, national origin, religion, sex, gender, sexual orientation or identity, disability, age or any other condition; incite violence or terrorism, or offend the dignity of persons; are defamatory or violate the honour, privacy or image of third parties; infringe intellectual property, trademark or other third-party rights; are, in themselves, unlawful under applicable law.
5.3. Sensitive content (nudity, eroticism, difficult themes). TIP understands that art addresses the body, sexuality and uncomfortable themes, and
does not reject a work merely for addressing these themes. However, since the work is printed on a product sold openly to the general public and manufactured through an external provider with its own content policies, TIP reserves the right not to produce a work where: (a) it is unlawful; (b) the production provider does not allow it to be printed; or (c) it is not suitable for an openly sold product. In such a case, TIP will inform the author.
5.4. Power of exclusion and withdrawal. TIP reserves the right to exclude from the vote or withdraw at any time any work that breaches this section,
without needing to justify its decision in detail. This power is exercised to safeguard the dignity of persons, fundamental rights and the rights of third parties.
Drafted as a non-exclusive licence: the artist retains 100 % of their rights. It is neither an assignment nor a transfer of ownership.
6.1. Authorship. The participant retains at all times the authorship and ownership of the intellectual property rights in their work. Nothing in
these Terms transfers ownership of the work to TIP.
6.2. Scope of the licence. If their work is selected for production, the participant grants TIP a non-exclusive, worldwide and royalty-free licence
(beyond the royalty under section 9), for the purpose of the project, to:
a) reproduce and print the work on TIP garments and products;
b) manufacture, distribute, offer and sell those products through any channel, physical and online;
c) use the work in the communication, promotion and dissemination of the project (website, social media, graphic materials, press), including the artist
page and the material associated with the QR code;
d) sublicense the work to TIP’s production provider solely to manufacture the products.
6.3. Duration. The licence remains in effect while the work is being marketed, for a default maximum of 5 years, unless the person exercises their
withdrawal right (section 12). After withdrawal, production of new units ceases; see effects and exceptions in 12.3.
6.4. Moral rights. The inalienable moral rights of the author are respected. TIP will credit the authorship (name or artist name) and will not alter the
work in a way that harms the author’s reputation. Minor technical adaptations required for printing (format, placement, resolution) are not considered a harmful alteration.
6.5. Non-selected works. Works not selected for production are not subject to the commercial licence in this section. They remain only in the archive /
artist page for visibility purposes (section 12) and only if the person authorises it in the form.
The participant expressly authorises TIP, if their work is selected, to market products incorporating that work on the terms of section 6, in exchange for the royalty under section 9. This consent is collected expressly and separately in the form.
For selected artists, the project includes an artist page and a short presentation video linked from the QR code on the garment. Participation in the video and artist page is voluntary and requires a specific and separate consent (collected in the form) for TIP to capture, reproduce and disseminate the person’s image, voice and name for the project’s communication purposes. This consent may be revoked at any time by writing to info@theinvisibleplot.com, without retroactive effect on disseminations already made.
The artist whose work wins and is produced receives 20 % of the net profit on each T-shirt sold bearing their design, after deducting production, taxes and fees. This percentage is published in the economic model on theinvisibleplot.com. Participation does not generate any advance payment or purchase obligation on TIP’s part. Payment of the royalty is made on the conditions and with the frequency that TIP communicates. The beneficiary is responsible for their own tax obligations. In order to pay, TIP will request the necessary identity and billing details (see 4.4).
TIP verifies only the admissibility of each work: that it meets the technical and participation requirements of these Terms and does not fall under the prohibitions of section 5. All admissible works are published on the platform and put to the community vote, whose genuine and unmanipulated result determines the winning design. TIP does not curate, score or pre-select works on grounds of taste or quality. TIP may declare the Open Call void for justified reasons.
11.1. Controller. Ruth Leon-Alarcon (The Invisible Plot), Poststraße 1/2, 5310 Mondsee, Austria. Contact: info@theinvisibleplot.com.
11.2. Purposes. (a) to manage your participation and its admission; (b) if your work is produced, to manage the relationship, production, sale and
royalty payment; (c) to display your artist page and, if you authorise it, disseminate your work, name, image and voice in the project channels; (d) to handle your requests and comply with legal obligations.
11.3. Legal bases. Consent (which you may withdraw at any time); performance of a contract or pre-contractual measures (participation, licence,
payment); compliance with legal obligations (tax/accounting); and legitimate interest in disseminating the project, where applicable.
11.4. Recipients. Providers acting as processors on TIP’s behalf: production provider, payment platform, web hosting and management and
communication tools. Your data is not sold to third parties.
11.5. Retention. For the duration of the Open Call and, where applicable, the project relationship; thereafter, blocked for the applicable legal periods
and then deleted. Visibility in the archive is governed by section 12.
11.6. International transfers. Production takes place within the European Union. Nevertheless, a provider may be linked to a company established
outside the European Economic Area and transfer certain data to third countries (e.g. the USA) to comply with legal obligations. In that case, the transfer is covered by the appropriate safeguards of the GDPR (adequacy decision or standard contractual clauses).
11.7. Rights. You may exercise the rights of access, rectification, erasure, objection, restriction and portability, and withdraw your consent, by
writing to info@theinvisibleplot.com. You may also lodge a complaint with the competent supervisory authority: in Austria, the Datenschutzbehörde (dsb.gv.at); if you reside in another EU country, with your local authority (e.g. in Spain, the Agencia Española de Protección de Datos, aepd.es).
12.1. Archive. The works and the artist page remain on the platform for visibility purposes for up to 5 years (extendable by specific agreement), unless
the withdrawal right is exercised.
12.2. Withdrawal at any time. The participant may withdraw their work and request the erasure of their data at any time, without needing to
justify it, by two means: (a) the personal and permanent link included in the confirmation email, which allows them to delete their work from the website directly; or (b) by writing to info@theinvisibleplot.com.
12.3. Effects and limits. After withdrawal, TIP stops producing new units and removes the work from the website and from future communications.
By their nature, the following may survive: (a) units already manufactured or already sold and garments in the possession of third parties; (b) the transaction records of sales already made, which TIP must retain due to tax and accounting obligations; and (c) copies in already-disseminated materials that are not under TIP’s control. These limits are inherent to the product and to the law, and are communicated transparently.
TIP may modify these Terms or cancel the Open Call for justified reasons or force majeure, communicating this through the same channels. Changes will not affect rights already acquired by good-faith participants.
These Terms are governed by the laws of Austria and, in any case, by Regulation (EU) 2016/679 (GDPR) and other applicable European Union legislation. For any dispute, the parties submit to the competent courts in Austria, without prejudice to any mandatory protections that the law may afford the participant as a consumer, where applicable.
Participation entails knowledge and full acceptance of these Terms and the Privacy Policy. The specific consents (commercialisation, image/voice, communications) are collected separately and granularly in the form, and none is a condition for participating except the essential ones marked as mandatory.
Open Call: Plot 01 — Theme: What if love moved the world? Social cause of this edition: SJD Pediatric Cancer Center Barcelona — Precision Oncology Program (Hospital Sant Joan de Déu Barcelona) Limit: one (1) work per person. Participant’s details
Full name: ___________
Artist name (optional): __________
Date of birth: _ / / _
Country of residence: ______
Email (a confirmation link will be sent): ____
Phone (optional): __________
Portfolio / web / Instagram: _____
The work
Title of the work: _________
Short artist statement (bio / idea of the work):
Work file: [attach according to the technical specifications on the website]
Declarations and consents The mandatory boxes are essential to participate. For the optional ones, tick Yes or No — please answer all of them. Mandatory (to participate):
☐ I confirm that I am over 18 and have the capacity to participate.
☐ I declare that the work is original and my own, that I am the holder of all necessary rights, and that it does not infringe third-party rights or
include prohibited content (section 5). I hold myself responsible towards TIP for any third-party claim arising from the work (indemnity).
☐ I have read and accept the Terms and the Privacy Policy.
☐ I authorise that, if my work is selected, TIP uses it under the non-exclusive licence (section 6) and markets products with it (section 7), in
exchange for the royalty of 20 % of the net profit per T-shirt. Optional (tick Yes or No for each): I authorise TIP to keep my artist page and my work in the archive for visibility purposes, even if it is not selected (section 12).
☐ Yes ☐ No
I authorise the use of my image, voice and name in the presentation video and in the project’s communication (section 8). Revocable by email.
☐ Yes ☐ No
I would like to receive TIP’s newsletter with project news.
☐ Yes ☐ No
Date: _ / / _
Signature / digital confirmation: _______
You may withdraw your work and exercise your data protection rights at any time, via the link in your confirmation email or by writing to info@theinvisibleplot.com. Data controller: Ruth Leon-Alarcon (The Invisible Plot), 5310 Mondsee, Austria.
For legal notices, privacy requests or artist rights questions, contact The Invisible Plot at info@theinvisibleplot.com.
