In
this Agreement, the terms "we," "our" "us"
or "Project: QueerLit" are used to collectively refer
to Promoter. The terms “contestant,” "you"
or "your" means YOU—a person who is seeking to participate
in the Contest.
- Contestant Participation Request. By making
a Submission, you hereby agree and notify us that you wish to
compete in the Contest as a Contestant, and are submitting your
Submission as an entry in the Contest in accordance with the Official
Rules. You consent to the storage, display, downloading, copying,
reviewing, and coverage of your Submission by Project: QueerLit,
other Contestants, and Committee members, according to the process
set out in the Official Rules. In addition, you will perform all
necessary additional steps that may be required for your further
participation in the Contest should you be selected as a Finalist
(such as any press or media attention).
- Contestant - Required Reviews and Assignments.
You hereby agree that, as a condition of participating in the
Contest, you will be required to (and you hereby agree to) complete
a written review of a Submission which will be randomly assigned
to you by Project: QueerLit. If you do not submit a Review in
accordance with the Official Rules, your Submission will not be
complete. You hereby represent, warrant, and agree that any Review
submitted by you will be in compliance with the Representations
and Warranties set forth in the Official Rules, and in addition
thereto, that you will not in any way alter, amend, modify, copy,
distribute, or use (other than for purposes of providing your
Review) any Submission that you are selected to Review.
- Submission Warranties. You hereby represent,
warrant, and agree that your Submission complies with all of the
Submission Requirements as set forth in the Official Rules, including,
without limitation, that any Submission is your own original and
previously unpublished work; that it is not based on any other
work or anything written or conceived by anyone else; that you
own all copyright and other intellectual property rights in and
to the Submission; that the Submission does not infringe on the
rights of any third parties; and that the Submission does not
and will not violate any applicable laws and is not defamatory
or libelous.
- Submission/Review Ownership; License to Project: QueerLit.
At all times during the Contest Period, as between you and Project:
QueerLit, you will retain ownership of whatever interest in the
Submission's copyright you owned prior to becoming a Contestant;
provided, should you become the Winner, that you hereby grant
to Suspect Thoughts Press the sole and exclusive option to acquire
the Rights for Publication (contract details as below). The Rights
for Publication shall be exercised, within ninety (90) days after
the expiration of the Contest Period. You hereby grant Project:
QueerLit to do any of the following with respect to your Submission
in any and all media now known or hereafter devised, all without
any payment to you or to any other person or entity:
- encode, digitize and store your Submission;
- reproduce and distribute your Submission to committee members
and other Contestants;
- publish (on website and with participating sponsors) the
synopsis and up to twenty pages of your Submission’s
manuscript;
- rank, review, evaluate, and judge your Submission;
- secure any permission or clearances necessary to publicly
display the Submission; and
- use the Submission (synopsis and up to twenty pages of manuscript
only) in perpetuity and without regard to the Exclusivity
Period, for the purpose of publicizing, advertising or otherwise
promoting the Project: QueerLit contest.
- You also grant Project: QueerLit the right to use your name,
likeness, biographical material, and/or any other indicia
of your persona for purposes of publicizing, advertising or
otherwise promoting the Project: QueerLit contest without
any payment to you or to any other person or entity.
- Grand Prize Winners. Rebel Satori Press and
Suspect Thoughts Press will offer selected contestant(s) a contract
for publication of their novel. This standard contract includes
but is not limited to an advance against royalties, an industry
standard royalty percentage of sales for English language rights,
and an industry standard percentage of subsidiary rights sales.
- Waiver. You hereby agree that your Submission
is not subject to any obligation, whether of confidentiality,
attribution, or otherwise, on our part and we shall not be liable
for any use or disclosure of any Submissions. You recognize that
other persons may have submitted to us, or may hereafter originate,
submit or make public material and/or ideas that may be competitive
with, similar or identical to your Submission in theme, idea,
plot, format or other respects. You acknowledge and agree that
you will not be entitled to any compensation as a result of our
use of any such similar or identical material that has or may
come to us from other sources. By sending us your Submission,
and in order to participate in the Contest, you hereby agree that
(a) your Submission is entered voluntarily and is not in confidence;
(b) apart from this Agreement and the Official Rules, and any
Other Agreements that may be entered into there is no agreement
between us, express or implied, relating to Project: QueerLit’s
use of the Submission; and (c) you will not assert against the
Promotion Entities any claim based on plagiarism, infringement,
confidential or fiduciary relationship, implied contract, unfair
competition, unjust enrichment, or otherwise arising out of any
alleged use of the Submission. If, notwithstanding the foregoing
release, you attempt to claim that we have used your Submission,
or any portion thereof, without consent or authorization, you
specifically agree and understand that any such dispute shall
be subject to arbitration as set forth in the Official Rules.
- Nature of Our Relationship. You hereby acknowledge
and agree that the relationship between you, as a Contestant,
on the one hand, and us, on the other hand, is not a confidential,
fiduciary, or other special relationship, and that your decision
to provide your Submission to us for purposes of the Contest does
not place us in a position that is any different from the position
held by members of the general public with regard to elements
of your Submission or other Material that are not legally protectable.
You understand and acknowledge that Project: QueerLit (including
each of the Promotion Entities) has wide access to ideas, stories,
other literary materials, and that new ideas are constantly being
submitted to it or being developed by those assisting in the creation,
maintenance, and publication of the contest. You also acknowledge
that many ideas or stories are similar to each other and different
ideas and stories often relate to one or more underlying themes.
You further agree that Project: QueerLit and its affiliates do
not now and shall not have in the future any duty or liability,
direct or indirect, vicarious, contributory, or otherwise, with
respect to the infringement or protection of your copyright in
and to the Submission.
- Choice of Law; Arbitration. This Agreement
along with the Official Rules for and Other Agreements entered
into in connection with the Project: QueerLit, shall be governed
by the laws of the State of California, without regard to its
conflicts of law principles. In the event of any dispute arising
out of or in connection with the Contest, this Agreement, your
Submission, or your relationship with Project: QueerLit, such
dispute shall be submitted to arbitration in the State of California.
- Entire Agreement. This Agreement, together
with the Official Rules, represents the entire understanding between
you and Promoter relating to the subject matter hereof. If any
term or provision of this Agreement conflicts with the Official
Rules, the Official Rules shall govern. You hereby agree that
you have read, understand, and agree to all of the terms and conditions
in this Participation Agreement and that you are by bound by the
terms of this Agreement and the Official Rules throughout your
participation in the Contest and forever afterward.
- Certification. You hereby certify that all
of the answers and information that you have provided in this
registration process are true, accurate, and complete, and that
you have read and will comply with the Official Rules and this
Agreement, in conjunction with your participation in the Contest
and interactions with Project: QueerLit. You intend that your
participation in the Contest shall constitute your legally binding
signature and acceptance of this Agreement.
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