Nearly a month ago, I entered two of my logo designs into the following HatchWise.com contest hosted by Erica319 (Ms. Anderson) for a chance to win her set monetary prize:
Http://www.hatchwise.com/contest_detail.php? Contestid=257306#
On 02/19, Ms. Anderson expressed (using terms like 'good' and 'favorite') in the comments that she liked both of my designs (entries #306527 and #306528), but only one received a 5-star by her:
Http://www.hatchwise.com/entry-for-257306-306527
The contest was ending in a short while. When it did no winner was declared, which is typical. Days go by and still no winner. Since, the contest was not prepaid, it dawned on me to check into the history of Erica319 (Ms. Anderson). I found that she had hosted other contests on HatchWise.com none of which had a declared winner; either they did and HatchWise.com did not make it known through their system. Nevertheless, I looked into Ms. Anderson's "Women in Diplomacy" contest:
Www.hatchwise.com/contest_detail.php? Contestid=1701
I noticed roBailey's entry #130229 was rated a 5-star, however not chosen as a winner. So I figured that would happen to me and it was going to be just another abandoned contest. I kept looking anyway and wondered if any of the designs were being used. After doing my research, I came across this:
Http://www.facebook.com/pages/Women-in-Diplomacy/139941756592
Interesting enough, this logo representing this organization is located on Ms. Anderson's undeclared winner HatchWise.com contest for this organization (further research states she is the founder of Women in Diplomacy and the list continues). The logo was designed or submitted by zadaku with entry #134365. People have every right to change their mind. However, it was not reflected that she did on HatchWise.com. Who knows why not? Is it possible she stole that design?
Now, it's time for me to remove/withdraw my designs from HatchWise.com. Too late, because HatchWise.com does not permit designers to do so once the contest has ended. No good. I guess I just have to hope and pray she won't steal my designs.
Days go by, still no declared winner on HatchWise.com and I didn't get any messages if she chose me. I manage to locate this blog she claimed the logo would be used for within her brief details for the contest I entered. There's no content and no logo on it - a new blog. Days go by and still nothing on her blog and no updates for her contest. Eventually, her blog has content and with my logo sitting rather large and pixie in the header, which continues to sit there:
Http://fortheloveof-by-erica. Blogspot.com/
I have not given her consent to use my logo, nor did she pay me for it. (The thing I hoped and prayed would not happen has happened). I try to give her the benefit of the doubt, even though, according to the law, she has absolutely no right to use my logo without my consent any of course not paying for it. So, after realizing I won't be paid nor declared winner (there was still no declared winner on HatchWise.com), I seek counsel.
OK, let's try to settle this. I send her a message through HatchWise.com to also make them aware of her infringing and thieving activity. Here are the following correspondences sent (I'm just going to copy and paste so excuse the formatting):
& 1st Message &
Subject:
Winner of "For the Love of" contest.
From:
Di-vahyn
Date Open:
03-06 22:20: 05
From:
Di-vahyn
Date:
03-06 22:20: 05
Message:
Hi Ms. Erica,
I hope all is well. I have a question to ask you. Will you be declaring and paying me for one, or both, of my logo designs (http://www.hatchwise.com/designer/entry_detail.php? Contestid=257306&entryid=306527 or http://www.hatchwise.com/designer/entry_detail.php? Contestid=257306&entryid=306528) in your contest here: http://www.hatchwise.com/designer/contest_detail.php? Contestid=257306?
Moreover, Hatchwise.com does not give designers, like myself, the option to withdraw entries AFTER the contest is over. Therefore, I will document it here, that my entries will be withdrawn, by me, within 12 hours of the time stamp on this letter, should you choose neither of my logos are suited for your blog nor a winner.
According to the law, here in the U.S. A, you are not legally permitted to use my logos for any reason. Furthermore, it is only when, and if, I give you permission to use either one of my logos, will you be legally within your rights to use it. However, since you have not paid for either one of my logo designs submitted to your monetarily prized Hatchwise.com logo contest, For the Love of, nor received permission, byme, to use either one, you are, therefore, prohibited from using my logos anywhere. Choosing to disregard the above terms, and using either one of my logos, constitutes as theft. Therefore, receiving monetary restitution outside of Hatchwise.com will be taken against you in a court of law, here, within the United States' justice system.
Thank you,
Hasina (Hatchwise.com member di-vahyn)
FOR HATCHWISE.com STAFF
Research has already been conducted on Ms. Erica. So, should you read this, I will also be sending her this letter. The reason being, I know there are times when your message system just refuses to send out notifications, even if marked. I know this from experience with your system. Nevertheless, it is imperative Ms. Erica gets this letter so shehas the opportunity to do what is right.
For hatchwise.com staff
End
I did not get a response from Ms. Anderson nor HatchWise.com. But I'm on top of this, so I go check HatchWise.com and noticed I've been declared the winner. Hmmm... I guess HatchWise.com had another computer glitch in sending out notifications - go figure. I'm already in the mode of not trusting people because of what I've found. Then George of HatchWise.com expresses by threatening he and his team will steal my logo and charge me. What is going on here?! Now I have to deal with two thieving characters: Ms. Anderson, who has already been caught and now George of HatchWise.com, who out-of-the-blue freely (he has a right to freedom of speech, but of all things to exercise the right on) threatens to commit the crime against me. Are they working together or what? Because that is one bizarre response to the situation I was not obligated to share. I would have been better off never telling him about Ms. Anderson, one of his contest holders who used his site to commit thievery.
So, did Ms. Anderson really even get my messages, declare me winner and pay HatchWise.com? They both have crook's mentalities.
I email Ms. Anderson the same day:
& 2nd Message &
RE: Winner of "For the Love of" contest.
Hi Ms. Erica,
HatchWise.com is not being so wise. They have decided to give you an illegal replica of my design; when they know they are not legally allowed to do so. That's like the HatchWise.com design staff creating and selling you a replica of Facebook's logo. When Facebook finds out about you using it (probably much like how I found out about you and my logo design), they might not be so merciful and just outright sue you for using their logo without their permission. And, your only defense,
before a court judge, is you paid for it. You may go a bit further to shift some of the blame by stating HatchWise.com design staff sold you the logo, and the list goes on. The court will rule in Facebook's favor.
However, depending on certain factors, you might win in a lawsuit against Hatchwise.com for selling you a pirate copy of the logo. I wouldthink, HatchWise.com knows how these kind of cases play out in court. Well, now you know.
Nevertheless, if you did pay HatchWise.com, then you need to inform them to send you back only $85, which is $150 minus $15 (the HatchWise.com Admin Fee of 10% taken out of the prize monies owed to winning designers), in order to pay me. Please send the remaining $85 to my PayPal account to [email protected], so you can legally have your files and not get caught up in HatchWise.com's decision to give you an illegal and unpaid replica of mylogo design. (The fraud, thievery, and admittance of intention to become a thief and fraud is ridiculous in this world. To top if off, is the willingness and audacity of those people to drag others down with them—how selfish).
Moreover, when Hatchwise.com issues you your $85 return, I have uploaded your source files so you can get them immediately upon paying at the following secure PayPal link:
Https://www.paypal.com/cgi-bin/webscr? Cmd=_s-xclick&hosted_button_id=9BA4RLF9XPG5W
For security purposes, I have password protected the zip file containing my winning logo design, which will become your property, including all copyrights, upon receipt of payment. The password to the zip file is as follows:
E03072011
Please confirm to me that you have received the files. Until then, thank you and stay blessed!
Hasina
End
A little over a week goes by and no response from Ms. Anderson.
I send out another email:
& 3rd Message &
You still have not paid me. My offer is retracted.
Hi Ms. Erica,
I have given you ample amount of time to pay me. Since you have made the decision to not pay me, as well as ignore me (I have not heard back from you), then my offer is retracted. I will not be selling you my logo and rights.
Thank you,
Hasina
End
Finally, I know she really exists and has received my correspondences. Ms. Anderson REs my emails:
& 4th Message &
Re: You still have not paid me. My offer is retracted.
Hasina,
I paid hatchwise directly, who should have paid you. Have you still not received that payment? That payment went through on the 7th.
Thanks, Erica
Erica Anderson
[email protected]
End
& 5th Message &
Re: You still have not paid me. My offer is retracted.
Hi Ms. Erica,
If that is so, then simply request a refund from Hatchwise.com. George of Hatchwise.com has a crook's mentality, much like your illegal activity. So if you did pay him, don't be surprised if he refuses to refund you your money. Besides, I've already told you his intentions in which he foolishly, openly, and freely expressed to me. When and if that happens he'll be in violation of the law and a double whammy for you. You might want to acquaint yourself with the laws, Erica. And, if you
don't understand them, then seek a lawyer to put it in layman's terms.
On the 7th, I informed you how to pay me and receive the original source files, even when my calculations were off (which I would have honored anyway). But for some reason you refused and outright ignored me. I guess this is just some kind of game to you.
As far as your question, re-read the emails and tell me which part you don't understand (that's rhetorical)?
All the best to you and be blessed,
Hasina
End of all correspondences
You hear of contest holders creating contests to only abandon it and steal the logos. So here I am making all designers aware of this particular contest holder who was caught by me - what are the chances, huh? I don't know if George has terminated her account or what. He should have. But be aware.
Thanks and all the best to all designers.
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