Terms and Conditions of Contest Entry


 

By entering the Miyaffe Comics Contest, entrants agree to the terms and conditions. Any person or organization, referred to as Collaborator for the purposes of this agreement, who submits original artwork into the Miyaffe Comic Contest grants certain rights to the sequential artwork that they submit, referred to as the Work for the purposes of this contract. to Ben Boyarko, referred to as Producer for the purposes of this agreement.

  • Work. Work includes sequential art, one page in length, which shall be referred to as Work for the purposes of this Miyaffe Comic Contest.

  • Consideration and Delivery. Collaborator agrees to create Work, and deliver a digital or physical copy of the Work, as well as rights to reproduce the Work, to Producer in exchange for crediting Collaborator's role in creation of Work should Work win any. Credit will be given by including in writing the name of the Collaborator on any reproduction of the Work.

  • Limitation on Remedies. Collaborator shall not seek remedies from Producer regarding Work.

  • Limitation of Liability. Producer agrees that Collaborator will not be liable by Producer for any damages (including, but not limited to, incidental or consequential damages), that arise from Collaborator's performance in this collaboration (including, but not limited to, regardless of whether the failure was intentional or negligent.) Collaborator agrees that Producer will not be liable by Collaborator for any damages (including, but not limited to, incidental or consequential damages), that arise from Producer's performance in this collaboration (including, but not limited to, regardless of whether the failure was intentional or negligent.) Producer agrees that Collaborator will not be held liable for any damages to Producer, that arise from Work itself. Collaborator agrees that Producer will not be held liable for any damages to Collaborator, or any third party, that arise from Work itself.

  • Dispute Settled by Arbitration, and Governing Law. Any dispute under or about this Agreement must be submitted to and resolved by arbitration. Parties will bear their own costs. Any court may enforce the arbitration award. This Agreement will be governed by the laws of the State of Vermont, in the country of The United States of America.

  • Retransfer. Both the Producer and the Collaborator may in any way whatsoever sell, give, or trade the Work. If any party does retransfer the Work, selling, giving, or trading ownership of the work, rights to reproduce the work, or publication rights to the Work, all parties to this contract must be notified in writing before transfer of ownership or rights is complete. Failure to notify all current parties to this contract of retransfer event (including what party has retransfered ownership or rights, to whom ownership or rights have been retransfered, the date of retransfer, the conditions of exchange, the consideration if any of parties to retrasfer, and other pertinent information) nullifies the retransfer, and all ownership and rights return to original signers of this contract.

  • Transferees Bound. If anyone becomes the new owner of the Work, that person shall be bound to all the terms of this contract.

  • Copyright and Reproduction. The Collaborator agrees that the Producer will have the right to file a copyright in the name of the Producer as the owner of the Work. Producer will own the Work. The Collaborator reserves the right to reproduce the Work. The Producer also reserves the right to reproduce the work. Reproduction by either party will credit both parties with their roles in creation of the Work. If any party to this contract fails to credit in writing the original signers of this contract, 50% of any monetary gains made by that party due to the reproduction of the Work shall be granted to the party who was not credited in the reproduction of the Work. The Work may be reproduced as a part of a collection by Producer.

  • Royalties. Any royalties received by Producer from the sale of reproductions of the Work within one calendar year of this contract will be divided by Producer and shared with Collaborator. Sharing of royalties received by Producer regarding the Work in the first calendar year will be split 10% of the royalty to be kept by Producer, 90% of royalty to be given by PayPal to Collaborator with in 180 days of receipt of royalties by Producer. Sharing of royalties received by Producer after the first calendar year changes depending on amounts of royalties received by Producer from sales of the Work. If roaylties received by Producer any time after the first calendar year after the signing of this agreement and owed to Collaborator under this contract are less than $100, then the Producer may retain the owed royalties until the amount of royalties reaches or surpasses $100. If in any calendar year after the first calendar year of this agreement, the amount of royalties owed by Producer to Collaborator is less than $10 for the entire calendar year, then Producer may choose to pay Collaborator $10 as a final royalty, thereby ending the entitlement of Collaborator to collect any royalties that Producer has received due to sales of Work.

 

  • Ownership of Work Prior to Entry in Contest. Collaborator acknowledges that Work has been created solely by Collaborator and that Collaborator owns all rights to Work. If Collaborator does not own all rights to Work prior to entering Work into the Miyaffe Comics Contest then Producer regains the right to hold Collaborator liable for any damages incurred in printing, displaying, promoting, or publishing the Work. If Collaborator does not own all rights to Work prior to entering Work in the Miyaffe Comics Contest, then all sharing of royalites by Producer with Collaborator shall be considered by both parties to be void, and Collaborator will no longer retain rigths to collect any payments of any kind for Producer.

  • Eligibility for Entry. Collaborator must be 18 years of age as of the date of entry submission, and agree to all terms and condidtions of the Miyaffe Comics Contest to be considered eligible.

  • Changes. Producer reserves the right to change, modify, or discontinue, with or without notification, the Miyaffe Comics Contest as well as the terms and conditions of the Miyaffe Comics Contest.

  • Prizes. The First Prize Winner will receive $30 U.S. Dollars, payable by PayPal and Producer will work with the First Prize Winner to expand the Work into a 22 page comic book, to be produced by Producer. In order to work with the First Prize Winner Assistance will be given from Producer to Collaborator. Assistance from Producer to Collaborator will include technichal assitance, and may include artistic assitance in the creation of a new 22 page comic book. Assistance will not include money given by Producer to Collaborator to further the creation of the First Prize. The rights to the new 22 page comic book will be contained in a furter section of this agreement titled First Prize.

    The Second Prize Winner will receive $15 U.S. Dollars, payable by PayPal and Producer will print the Second Prize Winner's entry in the new 22 page comic contained in a furter section of this agreement titled First Prize.

    The Third Prize Winner will receive $5 U.S. Dollars, payable by PayPal, and Producer will also print the Third Prize Winner's entry in the new 22 page comic book. The Third Prize Winner will also receive one small, plastic, glow-in-the-dark cockroach, sent by Producer, via the U.S. Postal system, to their home address. Also the Third Prize Winner will be held to the terms under the section of this agreement titled Third Prize.

    Runner Up Prize Winners will have their Work reprinted in a collection of short comics reffered to as Runner Up Prize for the purposes of this agreement.

  • First Prize. Collaborator agrees that if selected to be First Prize Winner, they will work with Producer to create a new 22 page comic book, also referred to as First Prize for the purposes of this agreement. Collaborator agrees that if they are selected to be First Prize Winner, Collaborator will perform any creative tasks required to create First Prize. Creative tasks required to create First Prize will include but not be limited to drawing, writing, coloring, manipulating images on computer, or otherwise creating original sequential art to make up First Prize. Collaborator also agrees that if selected to be First Prize Winner, Collaborator will communicate with Producer and complete First Prize in a timely fashion. If at any point in the creation of First Prize, 180 days pass without any communication between Collaborator and Producer, First Prize will be considered void. Collaborator will have an option to approve of changes made to First Prize before First Prize is copyrighted or published for sale. Producer will have the right to veto any element of First Prize. If Producer does veto any element of First Prize, Collaborator and Producer will communicate orally or in writing to determine an appropriate change to First Prize.

  • Runner Up Prize. A collection of short comics, consisting of entries to the Miyaffe Comics Contest that did not win first, second, or third prize, referred to as Runner Up Prize for the purposes of this agreement will be copyrighted, owned, and published by Producer. Royalties will be shared for Runner Up Prize as above with the exception that Producer will retain no less than 10% of royalties received from the sale of Runner Up Prize. Collaborator may cease to receive royalties as per the discresion given to Producer in Royalties.

  • Good Faith. Collaborator and Producer both agree that the terms and agreements will be upheld in good faith. Collaborator and Producer both agree that the intention of the Miyaffe Comics Contest is to collaborate to make fun and exciting sequential art, and that the terms and agreements are a good faith attempt to come to an agreement where Collaborator and Producer can collaborate and cooperate in the creation of original sequential art that is mutually beneficial, not a hinderance to any party, and not intended to generate disputes.

  • Third Prize. Should Collaborator be selected as the winner of Third Prize, becoming the Third Prize Winner, Collaborator recognizes that the small, plastic, glow-in-the-dark cockroach included in the Third Prize presents a potential choking hazard, and agrees not to hold Producer liable for any damages to Collaborator or any third party that arise from the small, plastic, glow-in-the-dark cockroach included in the Third Prize.

     


 


 

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