KXT Play it Forward Artist Contest

You acknowledge and fully understand that by entering into this Contest (hereinafter defined), you have agreed to be bound by the following terms and conditions. Your Design(s) (hereinafter defined) should not be submitted if you are not in agreement with all of the following terms as your submission will constitute your acknowledgement of such agreement.:

1. Eligibility: NO PURCHASE NECESSARY. Only legal U.S. residents at least 18 years of age who reside in and who are physically located in the U.S. (excluding its territories and possessions) are eligible to enter the “KXT Member T-Shirt Design Contest” (the “Contest”). Minors must have their parent or guardian’s permission to enter the Contest. Employees of KERA/KXT, or members of any such employee’s immediate families or households, are not eligible to participate in the Contest. To enter you must create a design or designs (each a “Design”) in accordance with all of the terms, conditions and requirements herein. Multiple entries of same Design will not increase chances of winning, duplicate entries of the same design will be disregarded. Furthermore, KERA/KXT reserves the right to disqualify any entries it deems, in its sole discretion, to be obscene, threatening or otherwise inappropriate. All entries and Designs become the property of KERA/KXT and will not be returned.

2. Contest Period: Contest starts March 25, 2019 at 6AM CT. All entries must be received before 11:59PM CT on April 17, 2019. Information required on the entry form consists of age, gender, name, address (including zip code), phone number and a valid email address.

3. Judging and Notification: Any winner(s) of the Contest will be selected by KERA and KXT staff vote between April 18 and April 19 from all eligible entries. Odds of winning depend on the number of eligible entries received and the quality of the artwork, as determined by the judges.

4. General Conditions: All Federal, state and local laws and regulations are applicable. Entry constitutes permission for KERA/KXT and its affiliates to use the Design(s), winner’s name, city of residence and/or likeness for any and all purposes, including, without limitation, advertising and trade purposes, without further compensation, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation, on-line, unless prohibited by law. You hereby irrevocably waive any claim, including any claim to any remuneration, other than as expressly provided for herein in connection with your Design(s). All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Contest and any person who does not comply with these Official Rules, will be ineligible for prizes and may be prosecuted to the full extent of the law. TEXAS COURTS SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF TEXAS SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. THIS CONTEST IS VOID WHERE RESTRICTED OR PROHIBITED.

5. Disclaimers: Entrants agree that KERA/KXT shall not be liable for losses or injuries of any kind resulting from: (i) participation in the Contest, (ii) individual, joint or collective technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware and/or software, or (iii) any delay or distortion of an entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. Entrants also agree that the KERA/KXT is not responsible or liable for any injury or damage to an entrant’s or third person’s computer (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant’s participation in the Contest or downloading of information in connection with the Contest. KERA/KXT reserves the right to modify, suspend or cancel the Contest or any portion thereof at its sole discretion, without liability.

6. Rules/Winners List: Consult the notice of the winner to be posted at “kxt.org”. The notice of winner will be available after April 26, 2019. Art work will be revealed no later than May 13, 2019 to be posted at “kxt.org”.

By entering the Contest and/or submitting any Design(s), you agree and acknowledge the following:

A. You certify that the Design(s) constitute(s) your original work and has never been copyrighted or, if copyrighted, that you are the sole copyright owner and you are at least 18 years of age.

B. You are entering the Design(s) as an honest and true effort of your personal creativity and unique artistic vision. For good and valuable consideration (the receipt and sufficiency of which you hereby acknowledge), if your design is selected as the ‘winning design,’ you unconditionally assign and transfer all ideas, concepts, copyrighted materials and trademarks contained in your submission (including without limitation the Design(s) (the “Submission”) and any and all rights including “moral rights” in the Submission to KERA/KXT. KERA/KXT shall have the right to use, assign or dispose of the winning Submission however KERA/KXT sees fit without approval of or compensation to, you or any third party. Without limitation of the foregoing, you hereby expressly acknowledge, certify and agree that the Submission is and shall be deemed a “work made for hire” (as defined under the U.S. Copyright Act of 1976, as amended, and for the purpose of all other copyright laws throughout the universe) for KERA/KXT and/or a work assigned to KERA/KXT, as applicable. You further acknowledge, certify, and agree that if your Submission is chosen, KERA/KXT is and shall be deemed the author and/or exclusive owner of all of the foregoing for all purposes and the exclusive owner throughout the universe in perpetuity of all the rights comprised in the copyright thereof, and of any and all other rights thereto, and that KERA/KXT shall have the right to use any and all of the foregoing in any and all media, now known or hereafter devised, in perpetuity, in all formats and configurations as KERA/KXT determines. If your design is chosen, You hereby assign to KERA/KXT any and all so-called “rental or lending rights” or similar rights and you expressly acknowledge that the consideration herein is equitable consideration for such rights. If it is determined that the Submission does not qualify as a “work made for hire’, then such Submission, together with all rights therein shall be automatically assigned to KERA/KXT by this agreement. You hereby grant to KERA/KXT the right as attorney-in-fact solely to execute, acknowledge, deliver and record in the United States Copyright Office or elsewhere any and all such additional documents as KERA/KXT may deem necessary to evidence and effectuate KERA/KXT’s rights hereunder. Without limiting any of KERA/KXT’s rights in the Submission, KERA/KXT shall have the universe-wide right, in perpetuity, in its sole discretion, to use and exploit the Submission in any and all media now known or hereafter devised and by any means or methods now known or hereafter devised. You understand, acknowledge, and agree if your Submission is selected as the ‘winning design’ that: (a) all material submitted will become the property of the KERA/KXT or its designees; and (b) KERA/KXT will have no obligation to return any materials, including, without limitation, any Design(s).
C. You represent and warrant that: (a) you have the full right, power and authority to enter into this agreement ; and (b) no third party consents are required with respect hereto. You agree that in the event of any dispute regarding the subject matter hereof, you will not have the right to seek injunctive relief or rescission in connection with the Design(s), the results and proceeds of your Submission hereunder and/or any exploitation, promotion, advertising and/or publicity thereof. You shall indemnify KERA/KXT in connection with any claim arising out of any breach of your agreements, warranties, and/or representations made herein.

D. KERA/KXT will have the right to (and authorize others to) publish, license, copy, modify, use, distribute or sell the Submission in whole or in part for any purpose. Notwithstanding anything to the contrary contained herein, KERA/KXT reserves the right to use your name and address, without compensation, in any advertising or publicity, and KERA/KXT will not be liable for any failure to properly credit me in connection with the work.

E. The decision of the contest judges will be final and binding on all entrants. KERA/KXT shall not bear any liability for the loss, theft or misuse of property, property damage, personal injury or misfortune in any way attributable to this Contest. Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and agreement and acknowledgment of the foregoing and the following. By entering the Contest, you warrant that the Submission is an original work, has not been previously published or submitted to any other competition or won any award, and that you are not aware of any conflicting rights in the submission including but not limited to copyright or other intellectual property right. You hereby warrant and represent that all information provided by you is true, accurate and complete.