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.
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.
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.
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.
Participant represents, covenants, and warrants to MaxyArt and Sponsor that:
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.
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.