TERMS AND CONDITIONS of note (click to open)
The Terms and Conditions link:
http://www.sierratradingpost.com/lp/disclaimer-sya-0512/
ENTRANT'S GRANT OF RIGHTS: By participating in the Promotion, each entrant irrevocably grants Sponsor and its agents and successors and assigns a non-exclusive, unlimited, worldwide, perpetual, royalty free, transferable license and right (but not the obligation) to reproduce, publicly perform, distribute, exploit, publicly display, and otherwise use the Submission in any way, for any reason, and in any and all media (including but not limited to the Contest Site), without limitation, and without further notice, consent or consideration to the entrant. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to modify and make derivative works of the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall have the right to freely sublicense its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements.
PUBLICITY RELEASE: By participating in the Promotion, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Promotion, each entrant irrevocably grants the Promotion Parties and their respective successors, assigns, and licensees, the right to use such entrant's name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Promotion and hereby releases the Promotion Parties from any liability with respect thereto and as more fully set forth below.
Adult Model Release: If Submission contains images of people with recognizable features, entrant agrees that he or she has the permission of those models to use their images in association with this contest. Entrant does hereby release and discharge Sierra Trading Post and photographer from any and all claims and demands arising out of or in connection with the use of the images and content including without limitation any and all claims for libel or violation of any right of publicity or privacy. Entrant agrees that any adult model does hereby grant Sierra Trading Post:
a) the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of the model or in which entrant may be included intact or in part, without restriction as to changes or transformations in conjunction with model’s own or a fictitious name, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.
b) permit the use of any printed material in connection therewith.
c) relinquish any right that model may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
d) release, discharge and agree to hold harmless Sierra Trading Post, the photographer, their heirs, legal representatives or assigns, and all persons functioning under their permission or authority, or those for whom they are functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
e) affirm that model is over the age of majority and has the right to contract in his or her own name.
Entrant has read the above authorization, release and agreement, prior to its execution; fully understands the contents thereof. This release agreement shall be binding upon entrant and entrant’s heirs, legal representatives and assigns.
Minor Model Release: If Submissions contains images of minors (children who are less than 18 years old or the age of majority in their state of residence by the date of submission) entrant agrees that entrant is the parent or legal guardian of such minors at the time Submission is uploaded for consideration in this contest. Entrant confers on Sierra Trading Post and the photographer the absolute and irrevocable right and permission with respect to the photographs taken of entrant’s minor child in which he/she may be included with others:
a) the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of the minor, of who entrant is parent or legal guardian, in which they may be included intact or in part, without restriction as to changes or transformations in conjunction with their own or a fictitious name, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.
b) also permit the use of any printed material in connection therewith.
c) relinquish any right that entrant or entrant’s child the minor may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
d) release, discharge and agree to hold harmless Sierra Trading Post, the photographer, their heirs, legal representatives or assigns, and all persons functioning under their permission or authority, or those for whom they are functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
ARBITRATION PROVISION: By participating in this Promotion, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Parties relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; … (iii) the arbitration shall be held in Wyoming, U.S.A.; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Promotion; (v) the arbitrator shall apply Wyoming law and United States law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute.
Whether you create poems, photographs, paintings or music, the law automatically grants you certain exclusive rights to that work. These rights are called intellectual property rights.
