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Submission Agreement

 

This Submission Agreement effective November 15, 2014.

Important: Please read and agree to this Submission Agreement before entering any competition hosted by MaxyArt.com through its website located at www.MaxyArt.com. This Submission Agreement and the brief applicable to each Competition governs the rights of MaxyArt.com, Competition Participant, and the sponsor for each Competition for each entry in the Competition. By participating in the Competition or otherwise submitting any materials, Participant agrees to be bound by this Submission Agreement.

  1. Assignment to Sponsor
  2. Participant hereby assigns to Sponsor all right, title, and interest to his/her Entry submitted in Sponsor’s Competition, including all intellectual property rights therein. Participant further agrees to execute all documents required to evidence such assignment. To the extent third-party content is incorporated into the Entry, Participant hereby assigns all his/her rights, title and interest to such third-party content.

  3. License to Sponsor and MaxyArt
  4. Participant hereby grants to Sponsor and MaxyArt the right and license to use Participant’s name, voice, appearance, image, likeness and biographical data in connection with the Entry.

  5. License to Competition Participant
  6. Sponsor hereby grants to Participant a perpetual, irrevocable, nonexclusive, nontransferable, royalty free, worldwide, limited license to use, reproduce, perform, and display the Entry solely in connection with the display of Participant’s portfolio of professional products or services.

  7. Representations and Warranties
  8. Participant represents, covenants, and warrants to MaxyArt and Sponsor that:

    1. If Participant is an individual acting as representative of an advertising agency or other legal entity, then Participant has all authority necessary to bind such agency or legal entity to this Submission Agreement;
    2. To the extent union talent is included in an Entry, Participant has submitted to or obtained required notices for union agencies as may be required by the applicable agency.
    3. Participant’s original work in the Entry does not infringe on any third party intellectual property or proprietary rights;
    4. To the extent that third-party content is included in the Entry, Participant has procured the necessary rights to reproduce, display, perform, and distribute the third-party content for any mediums pursuant to the licenses included with the Entry at the time of submission; and
    5. Participant is not and will not be subject to any agreement or other constraint that does, would, or with the passage of time would prohibit or restrict Participant’s right or ability to enter into or carry out its obligations hereunder and Participant is not aware of any third party claims concerning the Entry, which if true, would constitute a violation of the representations and warranties set forth herein.

  9. Indemnity
  10. Participant will indemnify, defend, and hold harmless MaxyArt, Sponsor and their respective officers, directors, employees, agents, and sublicenses from and against any and all damages, liabilities, penalties, interest, fines, losses, costs and expenses, including reasonable attorneys’ fees from any claim or allegation arising out of or relating to (i) the Entry, including any claims of infringement of a third party’s rights; (ii) damage to tangible property, bodily injury, or death; (iii) negligence or willful misconduct of Participant, or any of Participant’s employees, personnel, agents or vendors, or (c) Participant’s breach of the representations, warranties, covenants, obligations under this Submission Agreement or any other terms or conditions between the parties.

  11. Order of Precedence
  12. To the extent any of the terms set forth in a Competition Brief and this Submission Agreement are in conflict, the Competition Brief supersedes and governs.