THIS DESIGN LICENSE AGREEMENT (“Agreement”) is made and entered into upon artist submission of work via the LITTLE HIPPIE LLC Website (littlehippie.com; blog.littlehippie.com) known as the “Effective Date”, by and between LITTLE HIPPIE, LLC, a Connecticut Limited Liability Company, and the person submitting their art work, an individual (“Artist”).
LITTLE HIPPIE, LLC is an artist-run and artist-friendly company that seeks to use the call for work format to compensate and build long-term relationships with artists. Any Entry (submission of artwork, images) that ends up being used commercially will be compensated with royalties to be determined on a case by case basis at a later date by Little Hippie before entering in to the production of any products featuring the Entry.
1. Artists may submit more than one Entry per household each week; however each Entry must be unique and different from any other Entries submitted. No correspondence about Entries will be entered into, nor will photos be acknowledged or returned. If required information is not included, Entry will be disqualified.
2. Once the entry form is completed and the Entry is uploaded, the Entry is final and may not be modified, supplemented or edited.
3. LITTLE HIPPIE LLC is not responsible for late or incomplete Entries. If a problem occurs in the online submission process or in uploading a photo entrant/Finalists should receive an “Error” message. However, the responsibility to electronically complete the Entry process and upload a photo is the entrant’s/Finalist’s and neither LITTLE HIPPIE LLC nor the Call Administrator shall be responsible for any photo not actually received due to incomplete or improper transmission. Similarly, neither LITTLE HIPPIE LLC nor Call Administrator has any obligation to advise Entrant of an incomplete Entry or photo submission.
CONDITIONS OF ENTRY
Entrant warrants and represents that the artwork, photo and/or essay:
1. Is original to the entrant/Finalist (art may be captured by someone other than the entrant/Finalist if the entrant/Finalist obtained permission to submit the photo, as set forth below) and has been legally created;
2. Does not infringe the intellectual property, privacy, publicity rights, ownership or any other legal or moral rights of any third party;
3. Is suitable for public viewing. By submitting an Entry, entrant represents that he/she owns all rights to each element of his/her Entry, including the copyrights in the photo(s) with limitation to those associated with Grateful Dead.
4. Artist acknowledges that certain of LITTLE HIPPIE LLC’s rights are governed by license agreements with licensors or owners of such superior intellectual property rights, and that the terms of this Agreement shall be subject to the applicable terms of such license agreements.
5. If someone other than the entrant captured the photo, entrant further represents that he/she has obtained an assignment of rights from the third party that captured the photo(s). Entrant also acknowledges that he/she may be required to obtain a written assignment of rights to the materials produced by such individual. LITTLE HIPPIE LLC’s determination as to whether the photo(s) violates the rights of any third party is final.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or YouTube or any social media network. You are providing your information to LITTLE HIPPIE LLC and agencies acting on its behalf with regard to this promotion, and not to Facebook or YouTube or other social media network.
ASSIGNMENT OF RIGHTS
Each entrant irrevocably grants LITTLE HIPPIE LLC and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), each element of the entrant’s Entry, and to use of the entrant’s name, likeness, photograph (collectively, “Likeness”), and/or statements regarding his/her participation in this Contest (with or without using the entrant’s name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the entrant/Finalist or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude LITTLE HIPPIE LLC’s use of any element of the Entry, and agrees not to sue or assert any claim against the LITTLE HIPPIE LLC for the use of any element of the Entry or entrant’s Likeness or statements. Entrant further grants all end users of LITTLE HIPPIE LLC’s Web Site (a) the ability to rate, vote, review, comment on and tag the Entry; (b) the ability to send and distribute the Entry via e‐mail, instant messenger, and via social media or other electronic means.
Entrant agrees to indemnify and hold LITTLE HIPPIE LLC, its agencies and Contest Parties and their respective affiliates, officers, directors, agents, co‐branders or other partners, and any of their employees (collectively, the “Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the use of any element of entrant’s Entry, or the entrant’s conduct in submitting an Entry or creating a photo or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement, violation of an individual’s right of publicity or right of privacy, or defamation. Entrant further agrees to release LITTLE HIPPIE LLC from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of LITTLE HIPPIE LLC infringes entrant’s rights with regard to any elements or ideas contained in any element of the Entry.