||This Agreement (“Agreement”) pertains to the a Photography Contest themed The Eye: The Window to Our World (“Contest”) offered by the Borish Center of Ophthalmic Research, on behalf of the Trustees of Indiana University (“IU”).
The goal of this Contest is to utilize artistic still images to tell a compelling story, which will help to foster interest and awareness of the importance of the eye and vision care to individuals and society.
In consideration of the services to be rendered by IU in organizing the Contest and in consideration of my participation in the Contest, I _____, (“Participant”) hereby agree to the following:
1. Participant represents and warrants that he/she is the exclusive proprietor of the image submitted (“Entry”) and owns all rights, title, and interest in and to the Entry.
2. Participant represents and warrants that, to the best of Participant’s knowledge, the Entry does not infringe intellectual property rights of any third party and that any and all necessary permissions have been obtained to use and reproduce the likeness, intellectual property, or other protected interests of any third party. Participant agrees to provide documentation of such permissions if requested by IU.
3. Participant agrees that he/she will retain all copyright and other proprietary rights to the Entry upon submission. Nothing herein shall be construed to transfer any of said rights to IU.
4. Participant agrees to grant IU an unlimited, non-exclusive, royalty-free license to reproduce, use, exhibit, display, and distribute the Entry in any manner or media now existing or hereafter developed, in perpetuity, throughout the world. Participant agrees that the Entry may be used by IU, including its assigns and transferees, for any purpose, including but not limited to, marketing, advertising, publicity, or other promotional purposes; provided, however, that IU will not sell or attempt to sell the Entry.
5. Participant agrees to be bound by the Terms and Conditions of the Contest, which are hereby incorporated by reference. IU reserves the right of final judgment concerning items not expressly stated in the Contest Terms and Conditions. Entries that IU deems do not comply with the Terms and Conditions, are in violation of this Agreement, or do not reflect the purpose of the Contest may be disqualified in the sole discretion of IU.
6. Participant agrees to bear any and all costs associated with entering Contest.
7. Participant agrees that once submitted, an Entry will not be returned, even if Participant should withdraw or be disqualified from the Contest.
8. Participant releases and fully discharges IU, and its employees, agents, and representatives, from any claims, causes of action, damages, or liability, whether brought by Participant or any other person, including all liability for damage to personal property, arising out of or related to Participant’s involvement in the Contest, whether caused by IU’s negligence or otherwise, to the fullest extent permitted by law.
9. Participants will defend, indemnify, and hold harmless IU, and IU’s officers, trustees, employees, agents, successors, and assigns from and against any and all losses, liabilities, and costs including, without limitation, reasonably attorney’s fees, expenses, penalties, judgments, claims and demands of every kind and character that IU or its officers, trustees, employees, agents, successors, or assigns may incur, suffer, or be required to pay arising out of, based upon, or by reason of: (a) the breach by Participant of any of the representations or warranties made by Participant under this Agreement; (b) Participant’s use of the Entry prior to the date of this Agreement; and (c) Participant’s failure to perform his or her obligations under this Agreement.
10. This Agreement shall be governed by and construed under the laws of Indiana. Notwithstanding any other agreement Participant may have signed related to the Contest that purports to establish the venue for any litigation arising from the Contest, Participant agrees to file no action against IU or its officers, employees, agents, successors, or assigns, whether based on this Agreement or in any way otherwise connected to the Contest, in any court other than the Circuit Court of Monroe County, Indiana.
11. Participant acknowledges and agrees that IU may use Participant’s personal information for the purposes of Contest management and Participant identification and communication.
12. Participant represents and warrants that he/she has read this entire Agreement, fully understands it, and agrees to be bound by it. Participant represents and certifies that he/she is at least 18 years of age, or if under 18 years of age on this date, that Participant’s parent or legal guardian will be submitting the Entry on Participant’s behalf.