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Tattoo Your T-Shirt Contest Rules
All submitted designs are limited to a maximum of eight (8) colors not including the color of the shirt. Shirt color for all printed designs is limited to the color offering currently available on InkedMag.com and is subject to change at any time according to availability. Inked Magazine reserves the right to make necessary minor adjustments or changes to submitted designs in order to conform artwork to manufacturing requirements. Inked Magazine also reserves the right to make any other final decisions pertaining to a design's ink colors, size and placement All submitted designs must be the original work of the participant. Works previously published in any location other than Inked Magazine may not be submitted. Submissions may not contain any intellectual property of any third party such as logos, trademarks, service marks or copyrighted material. Inked Magazine reserves the right to reject any submission that it deems in its sole discretion to be vulgar, profane, offensive, or inappropriate but probably won't. Designs accepted by Inked Magazine's Tattoo your T-Shirt contest and posted to the website may be removed from the contest and website at anytime prior to voting ending due to poor performance or at the sole discretion of Inked Magazine. All submitted designs become the property of Inked Magazine for a period of 60 days from the date of submission. If the design is printed within the 60 day period, Inked Magazine then retains permanent exclusive rights to that design for commercial use on apparel and other promotional products. If a design is not printed within the 60 day period, the participant may assume full rights to their design by contacting Inked Magazine via email at contest@inkedmag.com and electing to have their design removed from the Inked Magazine archives. Submitted designs are eligible to be chosen for the following awards:
Winning shirts are determined by a combination of voting results, participant comments, Inked Magazine staff and guest judges. Participants that win the Shirt of the Week receive $50.00 (US dollars) cash. Participants that win the Shirt of the Month receive $250.00 (US dollars) cash. The participant that wins the Grand Prize receives $2,500.00 (US dollars) cash Prize money is distributed to the winning designer within 7 days from the time final artwork is received. Cash prizes are issued via Paypal. Contest ends June 30th, 2008 at 11:59:59 p.m. Terms of Submission
By the act of uploading a submission to the inkedmag.com (hereafter referred to ask inkedmag.com) website, you are agreeing to the following terms, which serve as a binding agreement (hereinafter "the Agreement") between you and Pinchazo Publishing Group, Inc. publishers of Inked Magazine. ("PPG")
By submitting any word, combination of words, symbol, slogan, photographic image, graphic design or any other type of design (hereinafter collectively referred to as "the Design" ) for consideration in the Contest, you represent and warrant to PPG that you have the right and authority to convey the rights granted hereunder; that the Design is original and free and clear of any encumbrances or liens and is not subject to any third-party agreements or arrangements that would interfere with their use; that the Design is not libelous, slanderous, obscene, and does not plagiarize; and that the exercise of rights herein granted will not infringe upon any copyright, right of privacy or any other rights whatsoever of any third party. You shall hold PPG harmless and shall indemnify PPG for all costs and expenses (including reasonable attorney fee's) in the event of a breach of any of the foregoing warranties or representations. These warranties and representations do not extend to any material not furnished by you. If your Design is selected as the winner of a Tattoo your award T-Shirtwhich includes, but is not limited to, the "Design of the Week", the "Design of the Month", or the "Grand Prize" as these awards are defined in the Rules, or any other promotional award(s) that may from time to time be offered by PPG, and that result in the publishing and/or dissemination of your Design by PPG--in consideration for the prizes offered in connection with the various PPG Awards, which prizes are set forth in the Rules, you hereby grant to PPG, its licensees and assignees, an exclusive right to: (1) reproduce the Design or any parts, alterations or derivatives thereof, in any media or embodiment now known or hereafter to become known (the Products); and (2) publicly display, perform or exhibit, or distribute the Design, as part of the Products, in any way now known or hereafter to become known including without limitation by transmission, broadcast, or electronic communication. If your Design is not selected as a winner within 60 days from the date of submission, you are free to use your Design for any commercial purpose. In order to do this, contact Inked Magazine after the 60 day period and request the removal of your Design from the archives section of the website. Without limiting other remedies, PPG may at its sole discretion remove any Design from publication and/or dissemination if it thinks that the Design is creating problems, possible legal liabilities, or is inconsistent with the letter or spirit of PPG's policies, including poor design. The Design may be modified in any way whatsoever, used as a basis for additional illustrations or images (whether or not by you), and the Design and any modifications or derivatives thereof may be digitized without any additional approval being required of you, with the exception that you shall be shown such modifications and derivatives and shall have a right to withdraw use of your name as a credit. You hereby waive any and all attribution and integrity rights with regard to the Design whether arising under the law of any state of the United States, United States federal law, or the law of any other country. PPG shall use reasonable efforts to ensure that the use of the Design in the Product is accompanied by a reasonable credit to you (subject to your right to withdraw such credit as discussed above). This Agreement, in whole or in part, may be freely assigned by PPG. You may not assign this Agreement in whole or in part without the prior written approval of PPG If any part, term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby. This Agreement contains the entire understanding of you and PPG with respect to the subject matter hereof and with respect to the matter contained herein and supersedes all prior agreements or understandings. This Agreement shall not be modified except in writing. This Agreement shall be governed by and construed under the laws of the State of NewYork, without regard to its principles of conflicts of laws and notwithstanding the fact that you may be domiciled in a different state or country. You stipulate and agree that any and all claims, disputes, controversies, suits or actions arising out of or relating to the provisions of this Agreement or the subject matter hereof and initiated by you, or any successor in interest, shall be adjudicated exclusively in the Circuit or District Courts of New York, or the United States District Court for the District of New York, which courts shall have the exclusive jurisdiction and venue for any and all such claims, disputes, controversies, suits or actions, and you hereby stipulate and submit to the personal and subject matter jurisdiction of such courts with respect to such claims. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder. Nothing herein shall be construed as an obligation of PPG to manufacture and/or disseminate any specific quantity of Product containing the Design. All manufacturing, dissemination and marketing decisions regarding each Design are left to the sole discretion of PPG.
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