These terms (“Terms”) govern the submittor’s (“Licensor”) irrevocable grant to Ticket Out Inc., its successors, affiliates, related entities, licensees and assigns (collectively, “Ticket Out”) of the Licensed Rights (defined below) with respect to all or any part of the audiovisual work(s) submitted by Licensor to Ticket Out, including without limitation all intellectual property, images, identifiable characters and/or individuals, music, sounds, signage, statements, copyrights, trademarks, service marks, logos, and all other rights depicted or contained therein (the “Images”). All video files, data, text, sounds, and other content and information submitted by you, whether submitted electronically, by mail, in person, or otherwise (collectively the “Submissions”) to Ticket Out shall become the property of Ticket Out and Ticket Out shall have no obligation to preserve, return, or otherwise make available to you or others any Submissions.
YOU ACKNOWLEDGE THAT BY YOU PROVIDING THE SUBMISSIONS TO TICKET OUT, SUCH CONSTITUTES YOUR AGREEMENT AND INTENT TO BE LEGALLY BOUND BY THESE TERMS. BY SUBMITTING YOUR SUBMISSIONS (INCLUDING, BUT NOT LIMITED TO, ANY IMAGES OR VIDEOS), LICENSOR ACKNOWLEDGES THAT THE SUBMISSIONS MAY BE: (I) POSTED ON TICKET OUT’S WEBSITES, SOCIAL MEDIA PLATFORMS, AND OTHER INTERNET CHANNELS; (II) EXHIBIT, DISPLAY, DISTRIBUTE, BROADCAST, REPRODUCE, OR SHOWN IN ANY SCREENING, FILM, VIDEO, TELEVISION, CABLE, OR OTHER FORMAT; (III) LICENSED OR ASSIGNED TO OTHERS; AND (IV) USED IN ANY OTHER WAY, SHAPE, FORM, OR FORMAT BY TICKET OUT IN TICKET OUT INC.’S SOLE AND ABSOLUTE DISCRETION WITHOUT ANY COMPENSATION TO YOU. THE OPPORTUNITY FOR THE SUBMISSIONS TO RECEIVE PUBLICITY, WITHOUT ANY EXPRESS CREDIT TO YOU, IS THE SOLE, EXCLUSIVE, AND SUFFICIENT CONSIDERATION TO LICENSOR. THIS NON-EXCLUSIVE LICENSE GRANTED BY LICENSOR HEREIN SHALL BE AND REMAIN VALID AND IRREVOCABLE IN PERPETUITY.
- Licensed Rights. Licensor grants Ticket Out the non-exclusive, irrevocable, unlimited right to use and refrain from using, change, alter, edit, modify, add to, subtract from and rearrange the Submissions and to exhibit, distribute, broadcast, reproduce, license others to reproduce and distribute, advertise, promote, publish and otherwise exploit the Submissions by any and all methods or means, whether now known or hereafter devised, in any manner and in any and all media and in any other format throughout the world, in perpetuity, for any purpose whatsoever as Ticket Out in its sole and absolute discretion may determine (the “Licensed Rights”), including, but not limited to, for the purpose of marketing, advertising, and promotion of the Submissions and Ticket Out (“Promotional Use”). Licensor furthermore does hereby irrevocably appoint Ticket Out as its attorney-in-fact to take any such action as may from time to time be necessary to effect, transfer, or assign the rights granted to Ticket Out herein, including, without limitation, copyright-related actions, and assigns to Ticket Out the right to prosecute any and all claims from the past, present, and future use of the Submissions by unauthorized third parties. In addition, Licensor grants Ticket Out the non-exclusive right and permission to record, copy, reproduce, adapt, modify, summarize, copyright, photograph, film license, vend, rent, distribute, televise, publish, exhibit, broadcast, disseminate, display, perform and otherwise exploit in any and all markets and media (collectively, “use”) Licensor’s appearance, name, likeness, voice, documents, biographical data, performance in, and other media artifacts provided to Ticket Out by Licensor or concerning Licensor (collectively the “Materials”) in and in connection with the Submissions. This grant of rights is made without limitation upon time, circumstances, location, market, or medium of use, and includes without limitation all uses of the Materials in all types of content, including but not limited to, the right to use the Submissions and/or Materials in connection with any other program(s), format(s), production(s), commercials, commercial tie-ins, product endorsements, licensing, product merchandising and/or merchandising of any kind, whether or not related to Ticket Out , and also includes, without limitation, the right to use the Submissions and/or Materials to publicize, advertise and promote any and all of Ticket Out programs, products or services in any and all media now known or hereafter devised. Licensor also understands and agrees that Ticket Out may transfer, sell, assign or license the rights hereunder (in whole or in part) to any third party in its sole discretion and without providing any further consideration or notice to Licensor.
- Consideration to Licensor. THE SOLE CONSIDERATION BEING PROVIDED TO LICENSOR FOR THE RIGHTS GRANTED HEREIN IS THE OPPORTUNITY FOR THE SUBMISSIONS TO RECEIVE PUBLICITY. TICKET OUT MAKES NO PROMISE GUARANTEE OR WARRANTY THAT THE SUBMISSIONS WILL RECEIVE PUBLICITY THE NON-EXCLUSIVE LICENSE GRANTED BY LICENSOR HEREIN SHALL BE AND REMAIN VALID AND IRREVOCABLE IRREGARDLESS OF WHETHER THE SUBMISSIONS RECEIVE PUBLICITY.
- Licensor Representations and Warranties. (a) Owner of Rights: Licensor has the sole, exclusive and unencumbered ownership of all rights, title, and interest, of every kind and character throughout the universe in and to the Submissions and the rights being granted hereunder and has clear title to the material upon which the Submissions are based. Licensor has the absolute right to grant to Ticket Out , all rights, licenses and privileges granted to or vested in Ticket Out under these Terms. Licensor has not authorized and will not authorize any other party to exercise any right or take any action that impairs the rights herein granted to Ticket Out. (b) Rights Are Clear: Licensor has obtained all clearances and paid all monies necessary for Ticket Out to exercise its non-exclusive rights hereunder and there will not be any other rights to be cleared or any payments required to be made by Ticket Out as a result of any use of the Submissions pursuant to the rights and licenses herein granted (including without limitation, payments in connection with contingent participations, residuals, clearance rights, moral rights, union fees, and music rights). Licensor has not previously entered into any other agreement in connection with the Submissions. All of the individuals and entities connected with the production of the Submissions, and all of the individuals and entities whose names, voices, photographs, likenesses, appearance, works, services and other materials appear or have been used in the Submissions, have authorized and approved Licensor’s use thereof, and Ticket Out shall have the right to use all names, voices, photographs, likenesses, appearance and performances contained in the Submissions in connection with the exploitation, promotion, and use of the Licensed Rights. It is expressly understood that Ticket Out has not assumed any obligations under any contracts entered into by Licensor. (c) No Infringement: No part of the Submissions, any materials contained therein, or the exercise by Ticket Out of the Licensed Rights violates or will violate, or infringes or will infringe, any service mark, trademark, trade name, contract, agreement, copyright (whether common law or statutory), patent, literary, artistic, music, dramatic, personal, private, civil, property, privacy or publicity right or “moral rights of authors” or any other right of any person or entity, and shall not give rise to a claim of slander or libel. There are no existing, anticipated, or threatened claims or litigation that would adversely affect or impair any of the Licensed Rights. (d) By submitting its Submissions, Licensor (i) warrants that Licensor it is an original Submission owned by Licensor; and (ii) grants Ticket Out a the perpetual, unlimited, non-exclusive, worldwide and irrevocable right to modify, create derivative works of, edit, post, publish and/or otherwise use the Submissinos and all elements embodied therein, including any caption and/or names and likenesses provided on the Platforms, in any manner and in any and all media now known or hereafter developed, without compensation, notification or permission, without limitation as to manner, frequency or duration of use, including, without limitation, in advertising, promotion and on the Internet. (e) The Submissions must: (1) be Licensor’s own original work that is solely owned by Licensor; (2) be non-confidential; (3) have been legally created; (4) not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (5) not be obscene, lewd, inappropriate, violent or not in keeping with Ticket Out’s image (as determined by Ticket Out in its sole discretion); and (6) if the Submissions includes other individuals, such individuals must be 18 years of age or older and have provided permission to the entrant to use the Submissions as an entry, which will be provided to Ticket Out on request (or in the event of minors, permission must be provided by their parents or guardians). Submissions that do not meet the submission criteria set forth above, contain prohibited content, do not include the appropriate rights or clearances, or are otherwise deemed by Ticket Out, in its sole discretion, to be inappropriate or obscene or not in keeping with Ticket Out’s image will be not be considered or utilized. Ticket Out has no obligation to use any Submission.
- Termination. These Terms shall only be terminable upon the mutual agreement of the parties, the consent of which may be granted or denied in Ticket Out’s sole discretion. No termination shall impact any prior license of the Images by Ticket Out Inc. prior to termination, which shall continue in full effect under these Terms. The Licensed Rights granted herein shall survive the termination of these Terms.
- Release and Indemnity. Licensor hereby agrees to indemnify, defend, release and hold harmless Ticket Out and its directors, officers, employees, representatives and agents from and against any and all claims, demands, causes of action, damages, judgments, liabilities, losses, costs, expenses, and attorney’s fees arising out of, relating to, or resulting from (i) any breach by Licensor of any warranty, representation or any other provision of these Terms, or (ii) any claims of or respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights arising out of or relating to any use by Ticket Out of the rights granted under these Terms. Licensor acknowledges that Ticket Out is relying on the representations made by Licensor in accordance with these Terms and a breach by Licensor would cause Ticket Out irrevocable injury and damage that cannot be adequately compensated by damages in an action at law and Licensor therefore expressly agrees that, without limiting Ticket Out ’s remedies, Ticket Out shall also be entitled to injunctive and other equitable relief. Licensor agrees that Ticket Out and any social media platform it utilizes (including, but not limited to Facebook, Instagram, and Twitter) are not responsible for any unauthorized use of the Submissions by third parties. Ticket Out does not guarantee the posting of any Submission and may cease display of any Submission for any reason at any time.
- Publicity/Confidentiality. Licensor shall not release, disseminate, issue, authorize or cause the release, dissemination or issuance of any publicity or information concerning the Licensed Rights, Ticket Out , or these Terms without Ticket Out’s prior specific written consent (including, without limitation, posting, participating or engaging in social media discussions, news stories, blogs, reports or responses thereto), and Licensor shall direct all licensing or other inquiries relating to the Submissionssolely to Ticket Out. Licensor acknowledges that these Terms are confidential in nature and agrees not to disclose the content or substance thereof to any third parties other than: (i) Licensor’s respective attorneys and accountants, and/or (ii) as may be reasonably required in order to comply with any obligations imposed by these Terms, or any statute, ordinance, rule, regulation, other law, or court order.
- Miscellaneous. Licensor acknowledges and warrants that its agreement to these Terms has not been induced by any representation or assurance not contained herein. These Terms supersede and replace all prior agreements, negotiations or understandings in connection with the Submissions and the Licensed Rights, including without limitation any simplified explanation of the terms herein, and in the event there are any inconsistencies between this English-language contract and any translations of terms and conditions, the English-language version shall prevail. These Terms contain the entire understanding of the parties and shall not be modified or amended except by a written document executed by both parties. If any provision of these Terms is found to be unlawful or unenforceable, such provision shall be limited only to the extent necessary, with all other provisions of these Terms remaining in effect. The waiver by either party or consent to a breach of any provision of these Terms by the other party shall not operate or be construed as a waiver of, consent to, or excuse of any other or subsequent breach by the other party. Ticket Out shall have the right to assign freely the Submissions, the Materials, the Licensed Rights and/or any of Ticket Out ’s other rights hereunder to any person or entity (by operation of law or otherwise). Licensor may not assign these Terms or its rights hereunder.
- Choice of Law/Dispute Resolution. These Terms shall be deemed to have been agreed upon within the State of California, and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of California, without regard to the conflicts of law principles thereof. Any and all claims or disputes will be resolved solely through a confidential, private, and binding arbitration under the rules of the ADR Services, Inc. (“ADR”) in Los Angeles, California. The parties agree that the inclusion of a person or entity that is not a party hereto, does not in any way fall outside the scope of this arbitration provision and it is the parties intent that all claims and disputes (including those involving non-signatories) be submitted to confidential, private, and binding arbitration before the ADR. The parties waive their rights to a jury trial and to appeal. The arbitrability of this provision shall be solely determined by ADR. In the event that any party seeks relief hereunder in any venue other than through the ADR (including, but not limited to, federal or state court), other than as otherwise expressly set forth herein, then the complaining party shall pay all of the costs, fees (including attorneys’ fees), and expenses of the responding party, including but not limited to any fees related to responding party filing a demand for arbitration in relation to complaining party’s breach. The parties also agree to look solely to the parties hereto to satisfy any debt or obligation hereunder, and further waive any and all claims each party may have against the other party’s shareholders, officers, directors, members, managers, representatives, employees, agents, affiliates, subsidiaries, parent entities, and the family members of any of the above. In the event of any dispute, Licensor shall not be entitled to, and does hereby waive all right to, any equitable relief whatsoever, including the right to rescind its agreement to these Terms, to rescind any rights granted hereunder, or to enjoin, restrain or interfere in any manner with the marketing, advertisement, distribution or exploitation of the Submissions, Materials, or Licensed Rights.
- Time Limitation on Claims. Licensor agrees that any claim it may have arising out of or related to the Submissions, Materials, Licensed Rights, Terms, or Licensor’s relationship with Ticket Out , must be filed within one year after such a claim arose; otherwise Licensor’s claim is permanently barred.
- Terms & Conditions. Licensor may be required to agree to additional terms and conditions displayed on the Ticket Out website or other Ticket Out related websites, which will be incorporated herein by reference and subject to change. By continuing to access or use Ticket Out owned or related websites after revisions become effective, Licensor agrees to be bound by the revised terms.
- Eligibility. Submitting Submissions is open to legal residents of the fifty (50) United States and the District of Columbia who are the older of 18 years of age or the age of majority in the entrant’s state of residence as of the date of entry.
ADDITIONAL CONTEST RULES
THE CATCON VIDEOFEST CONTEST IS OFFERED IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”). VOID ELSEWHERE AND WHEREVER PROHIBITED. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, YOUTUBE OR VIMEO.
ENTER THE CATCON VIDEOFEST CONTEST FOR A CHANCE TO WIN ONE OF FIVE CATCON GIFT BAGS. Sponsored by CatCon, a division of Ticket Out, Inc. (herein referred to as “Sponsor”).
HOW TO ENTER THE CONTEST:
Entry begins at 8:00 a.m. PT on July 29, 2019 and ends at 11:59:59 p.m. PT on October 15, 2019 (“Entry Period”):
- Take a video of your cat or you with your cat — we’re looking for hilarious, heartwarming, and entertaining videos for a family-friendly audience.
- Share your video by clicking here.
Make sure that the “Private Account” setting in your Platform account profile is turned off, or Sponsor won’t be able to see your entry and you won’t be able to participate in the Contest. By making this change to your account setting(s), you understand that all of your future posts on the applicable Platform(s) will be visible to the public.
PRIZES: Sponsor will award each of the five winners with a gift bag (ARV: $300.00). (Total ARV of all prizes to be awarded in this Contest is $1500.00).
JUDGING: Eligible entries will be judged by members of the CatCon Videofest organizing committee (the Panel of Judges). Five (5) winners will be chosen. The Panel of Judges will judge each entry according to the following criteria: creativity and aesthetic composition. Cats must be part of your entry to be considered. The decisions of the Panel of Judges and the Sponsor will be final and binding on all matters relating to this Contest.
Winners are solely responsible for any and all costs and expenses associated with their attendance at the Event, their participation in the CatCon Videofest, and those costs not specifically described as part of the prize, including, but not limited to, transportation to and from Los Angeles, CA, meals, lodging, incidentals, transportation in and around Los Angeles, CA, airline or other transportation tickets, airline or other baggage and other fees, surcharges, personal charges at lodging and any and all other costs and expenses. Winners need not be present at the Event to win.
The stated ARV of the Prize is based on available information provided to Sponsor. The Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize they receive. Prizes are not transferable. No cash redemptions or other prize substitutions permitted except by Sponsor, who may substitute a prize of equal or greater value in its sole discretion. All prizes will be awarded provided they are properly claimed in accordance with these Official Rules. If, for whatever reason, the Contest, the Event, the CatCon Videofest or any portion of it is canceled or changed, Sponsor shall be relieved of fulfillment of that component of the prize and no cash will be offered in lieu thereof.
GENERAL TERMS & CONDITIONS: The potential winners will be notified by Sponsor via email. The potential winners may be required to execute and return an affidavit of eligibility, liability release and, except where prohibited, a publicity release, or prize may be forfeited and an alternate potential winner may be selected on the basis of the criteria stated herein. Winners are solely responsible for any local, state, or federal income taxes on prizes. All federal, state, and local laws and regulations apply. Sponsor anticipate approximately 500 contestant submissions.
If for any reason this Contest is not capable of running as planned by any cause which, in the sole opinion of the Sponsor, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at their sole discretion to cancel, terminate, modify, or suspend this Contest and determine winners, based on the criteria stated herein, from eligible, non-suspect entries received prior to the time such action was taken, or as otherwise deemed fair and equitable by Sponsor.
LIMITATIONS OF LIABILITY, DISCLAIMER AND RELEASE: By entering this Contest, all entrants agree that: (1) Sponsor, their parent companies, affiliated or subsidiary companies, advertising and promotion agencies, and their respective shareholders, directors, officers, employees and agents; and (2) Instagram, YouTube and Vimeo will have no liability whatsoever for any injuries, losses or damages to persons or property of any kind (including, but not limited to death) caused by or in connection with any prize or resulting from participation in this Contest or from acceptance, possession, use or mis-use of any prize or participation in any prize-related activity, use by Sponsor of the entry in any manner, or by entrant’s participation in CatCon Videofest 2019. In the event of a dispute regarding the identity of an entrant, the corresponding entry will be deemed to be made by the authorized Instagram, YouTube, or Vimeo account holder from which the entry was submitted. Neither Sponsor nor their agencies are responsible for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, Platforms, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information.
Neither Sponsor nor their agencies are responsible for any incorrect or inaccurate information, whether caused by Platform or website users, or by any equipment or programming associated with or utilized in this Contest and assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of any website or Platform. Sponsor reserves the right, at their sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of this Contest, or may be acting in violation of the terms of the Platform’s Terms, or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse, or harass any other person. Any attempt to deliberately damage any to undermine the legitimate operation of this Contest may be unlawful and subject to legal action by Sponsor or their agents.
The winners agree to accept the prize “as is”, and entrants hereby acknowledge that Sponsor have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including, without limitation, to the prize’s quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by a supplier that are sent along with the prize. Sponsor will not replace any lost or stolen prizes.
WINNER INFORMATION: For the name of the prize winners, send a self-addressed stamped envelope to: CatCon Videofest, PO BOX 341586 · 3751 Motor Avenue · Los Angeles, CA 90034 . Requests must be received by no later than sixty (60) days after the close of the Contest Period. The winner list will be sent after the winners have been verified.