Q, LLC: 2023 CALENDAR CONTEST
OFFICIAL RULES AND SUBMISSION AGREEMENT
VOID WHERE PROHIBITED
PLEASE READ THESE RULES CAREFULLY BEFORE SUBMITTING CONTENT. THE AGREEMENT INCLUDES IMPORTANT TERMS REGARDING YOUR INTELLECTUAL PROPERTY RIGHTS IN THE COTENT YOU SUBMIT; GRANTS CERTAIN RIGHTS AND RELEASES; AND MAKES CERTAIN REPRESENTATIONS, WARRANTIES, AND INDEMNITIES REGARDING THE CONTENT YOU SUBMIT.
1. SPONSOR. Q, LLC, 110 Venture Drive, Dover, New Hampshire, 03820
2. ELIGIBILITY. To be eligible to participate (in each case as an “Eligible Participant”) in the 2023 Fan Art Calendar Contest (“Contest”), you
must satisfy the following criteria:
a) Be age of eighteen (18) or older on October 28, 2022; and
b) Be a citizen of the United States of America.
c) Be bound by these Official Rules. Participation constitutes full and unconditional agreement to, and acceptance of, these Official Rules. This Contest is subject to, and all Eligible Participants shall comply with, all applicable federal, state, and local laws and regulations.
3. CONTEST PERIOD. The contest begins on Friday September 2, 2022 and ends October at 11:59pm EST (“Contest Period”).
4. ENTRY.
a) Create an original work of art in any medium (the “Art”).
b) To enter the Contest, send Art (“Submission”) by:
i. Mail Art submission to Q, LLC, Attn: ART, 110 Venture Drive, Dover, New Hampshire 03820; or
ii. Email Art submissions to [email protected] in the following digital formats: .pdf (e.g. vector based), jpeg (e.g. multimedia). Digital submissions must be high resolution.
c) Submissions must:
i. include your name, address, email, and telephone number.
ii. not contain copyrighted material.
iii. not contact threatening, offensive, or abusive material.
iv. be otherwise in full compliance with these Official Rules.
5. SELECTION. Submissions will be reviewed on a rolling basis. Q, LLC will select the Winners in its sole and absolute discretion without reference to specific criteria. The number of Winners will be determined by Q, LLC in its sole and absolute discretion.
6. NOTIFICATION. Winners will be notified by email no later than thirty days after the close of the Contest Period. Notification will be sent to the email provided in the Submission. Failure to respond in a timely manner to the notification may result in forfeiture of the Prize.
7. PRIZE. The winning submissions will be featured in the Q, LLC 2023 calendar (name of calendar subject to change without notice in the sole and absolute discretion of Q, LLC). Winners will be identified in the calendar by full name or social media handle subject to Sponsor’s approval. The format, placement, and all other details of display, including but not limited to the display of the Winner’s name or social media handle, will be determined in Q, LLC’s sole and absolute discretion. No compensation or payment (monetary or otherwise) will be made to the Winners. Sponsor reserves the right to offer additional Prizes for any or all Winners in its sole and absolute discretion. Notwithstanding, Sponsor is under no obligation to any Winner other than as expressly set forth herein. Each Winner is solely responsible for all federal, state, and local taxes and fees associated with the receipt of any Prize. Should federal, state, or local law or regulation impose any tax reporting or filing obligations on Sponsors arising out of Winner’s participation in the Contest (including the Winner’s receipt of and/or use of any Prize), the Winner agrees to timely provide Sponsor with any information that is reasonably needed for Sponsor to comply with any such reporting or filing obligations.
8. GRANT OF RIGHTS. Each Eligible Participant who enters the Contest (“Entrant”) unconditionally assigns and transfers all rights, title, interest, claim, ideas, concepts, copyrighted materials, and trademarks contained in any Submission submitted in the Contest and any and all rights including “moral rights” in any Entry submitted in the Contest to the Sponsor. Entrant unconditionally assigns and transfers to Sponsor all rights, title, interest, and/or claim, which he/she now has, or may in the future have to his/her Submission. Sponsor has the right to use, assign, modify, edit, adapt, dispose of, and electronically alter Entrant’s Submission, including but not limited to, for moral rights, to appear in promotional and/or commercial materials, as well as to reproduce it, in whole or in part, without compensation or additional consent from Entrant, or any third party.
9. REPRESENTATIONS AND WARRANTIES.
a) Entrant represents and warrants that:
i. All information provided in connection with the Contest, including without limitation any registration information, is and will remain true, accurate, and complete;
ii. Entrant has legal right and authority to enter into this Agreement with Q, LLC;
iii. Entrant has complied and will comply with these Official Rules;
iv. The Submission is Entrant’s original, sole work;
v. Entrant solely owns, or otherwise has the full right and permission to exploit all of the rights in, to, and under the Submission and to grant the rights and licenses set forth herein and such Submission does not contain any third party content or intellectual property;
vi. Entrant has obtained the written consent, release, and/or permission of every identifiable individual who appears in any Submission, to use such individual’s name and likeness for purposes of using and otherwise exploiting such Submission in the manner contemplated by the Agreement, or, if any such identifiable individual is under the age or eighteen (18), Entrant has obtained such written consent, release, and/or permission from such individual’s parent or guardian (and you agree to provide to Q, LLC a copy of the same);
vii.The Submission is not confidential and odes not contain any confidential information; and
viii.In creating the Submission, preparing them for the Contest, entering the Contest, and submitting your Submission to the Contest Entrant (a) has complied and will comply in all respects with all applicable laws, rules, and regulations and (b) has not violated and will not violate any understanding by which Entrant is explicitly or implicitly bound (including without limitation any agreement with any third party).
b) Entrant represents and warrants that the Submission does not and shall not contain any material that, in Sponsor’s sole and absolute discretion:
i. Falsely states or otherwise misrepresents Entrant’s affiliation with a person or entity, without such person or entity’s prior written consent;
ii. Constitutes personally identifying information or other personal or identifying information about your or any individual;
iii. Is false, deceptive, misleading, scandalous, indecent, obscene, pornographic, unlawful, defamatory, libelous, fraudulent, tortious, threatening, harassing, hateful, degrading, intimidating, or racially or ethnically offensive, or contains nudity, pornographic images, explicit sexual themes, or graphic violence;
iv. Encourages conduct that could be considered a criminal offense, could give rise to criminal or civil liability, or could violate any law, or that could otherwise be considered inappropriate;
v. Constitutes or contains any computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, the Contest, Sponsor’s website or computers, or any hardware, software, or equivalent;
Constitutes any advertising, promotional material, or other form of solicitation; or
vii. Constitutes any non-public information about a company.
c) Sponsor reserves the right (but not the obligation), in its sole and absolute discretion to verify, whether prior to processing the Submission or at any other time, that all necessary rights, clearances, consents, releases, and/or permissions in or relating to the Submission have been obtained. Sponsor reserves the right to disqualify any Entrant if Sponsor determines at any time, in its sole and absolute discretion, that all necessary rights, clearances, consents, releases, and/or permissions have not been obtained by Entrant. Entrant agrees to cooperate with Sponsor in any verification or inquiries related to the foregoing.
d) This section 9 shall survive any termination or expiration of this Agreement.
10. LIMITATIONS OF LIABILITY AND RELEASE. By entering the Contest, Entrants waive all right to, and hold the Sponsor harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in this Contest or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Sponsor will not be responsible for: late, incomplete, or incorrect entries; an entrant's failure to receive prize notices due to entrant's spam, junk e-mail, or other security settings or for entrants' provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Contest; by any human error which may occur in the processing of the entries in this Contest; or any typographical, technological, or other error in the publishing of the offer, administration of the Contest, or announcement of the prize. If, in the Sponsor's opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Contest, or if technical difficulties (including viruses and bugs) compromise the integrity of the Contest, Sponsor reserves the right to, in its sole and absolute discretion, cancel or modify this Contest in an appropriate manner. Failure of the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of termination, winners will be selected from among all eligible entries received as of date of termination. In the event a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the name on the online entry form.
11. PUBLICITY RELEASE. Participation in the Contest and/or acceptance of a Prize constitutes permission for Sponsor to use, without notice or compensation, worldwide and in perpetuity, any Eligible Participant’s Entry, photo, likeness, biographical information, statement, and voice in any and all media and for any purpose, including without limitation, advertising and promotional purposes as well as in, on, or in connection with the Website or the Contest or other provisions, and Eligible Participant hereby releases the Sponsor from any liability with respect thereto (each a “Publicity Release”).
12. INDEMNITY. Entrant agrees to indemnify and hold harmless Q, LLC and its respective employees, officers, directors, shareholders, agents, representatives, vendors, suppliers, contractors and third party service providers, from and against any and all losses arising, in whole or in part, directly or in connection with: (a) any use or other exploitation, or failure or omission to sue or otherwise exploit your Submission; (b) any breach by Entrant of any covenant, representation, or warranty set forth in this Agreement,; or (c) any claim that your Submission or any use or exploitation thereof caused damage to or infringed upon, or violated the rights of a third party (including without limitation past, present, or future infringement, misappropriation, libel, defamation, invasion of privacy, right of privacy, or violation of rights to the foregoing).
13. ASSIGNMENT. This Agreement and any rights and license granted hereunder, may not be transferred by Entrant, but may be transferred by Sponsor without restriction.
14. CHOICE OF LAW. Entrant agrees that all matters arising out of or relating to this Contest and these Official Rules are governed by, and construed in accordance with, the laws of New Hampshire, without giving effect to any of its conflict of laws provisions thereof. Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to this Contest and these Official Rules shall be brought exclusively in the applicable federal or state courts located in Dover, New Hampshire.
15. PRINTED COPY. At any time upon Sponsor’s request, you agree to execute a non-electronic hard copy of this Agreement.
16. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other term hereof, and this Agreement will be interpreted and construed as if such term, to the extent such term will have been held to be invalid or unenforceable, had never been contained herein. In addition, if any provision of this Submission Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.
17. SURVIVAL. The licenses and rights granted and assigned by Entrant in and to the Submission, and Entrant’s waiver of claims with respect thereto, shall survive any termination of this Agreement for any reason. In addition, all warranties, indemnities, and all provisions of this Agreement that may reasonably be interpreted or construed as surviving the termination of this Agreement shall survive the termination of this Agreement for any reason.
18. WINNERS LIST. For Winners’ names send a request to Q, LLC, Attn: Art, 110 Venture Drive, Dover, New Hampshire.