Nickelback Logo Art Request for Submissions Guidelines

Please thoroughly review these Submission Guidelines and Use Authorization (“Submission Guidelines”) before continuing

1. Eligibility. By continuing you hereby represent and warrant that you are a) a legal resident of the United States b) at least the age of majority in your state of residence as of the date of submission; and (c) you have read and agree to these Submission Guidelines and are fully familiar with its contents

2. Original works. The art that you submit must be originally created by you: You must be the creator of the art that you submit to the competition. Your work must be your own original concept and you may not copy of anyone else’s copyrighted art, material, or work. If your work infringes anyone else's rights it will be disqualified from the competition. You warrant that all art that you submit is original, and upon submitting to this site and competition, you agree that you are solely responsible for any infringement on copyrighted materials related to the artwork that you upload.

3.  No rights beyond this usage. You may only use  the Nickelback band name, member names, images, likeness, and associated trademarks and copyright for the purpose of submitting to this site in response to this art request . 

4.  Submission Guidelines. All deadlines and guidelines will be outlined on the website and applicable communications regarding this project. Nickelback Touring 2 Inc. and Three Ten Merchandising Services, Inc. and Mainfactor, Inc. (collectively “Promotion Parties”) reserves the right to change the, guidelines, terms, and guidelines at any time.

5. Independent Contractor. If one or more of the Promotion Parties decide to repurpose your Submission Materials, you agree that you will be compensated as set out in the content release agreement provided by the same. These terms shall not be construed to create any association, partnership, joint venture, employee or agency relationship between you and the performing artists known as Nickelback and/or any of the Promotion Parties, or any of the related parties for any purpose.  The Promotion Parties Promotion Partieswill not be responsible for withholding or paying any income, payroll, Social Security or other federal, state or local taxes, making any insurance contributions, including unemployment or disability, or obtaining worker’s compensation insurance on your behalf.  You shall be responsible for, and shall indemnify the Promotion Partiesagainst, all such taxes or contributions, including penalties and interest.  Any persons employed or engaged by you in connection with the performance of the services you provide, shall be your employees or contractors and you shall be fully responsible for them and indemnify the Company against any claims made by or on behalf of any such employee or contractors. You will not be eligible to receive any benefits or any other fringe benefits or benefit plans offered by the Promotion Parties to any of their employees, including any vacation, group medical or life insurance, disability, profit sharing or retirement benefits. You have no authority to bind the Promotion Parties and shall not make any agreements or representations on their behalf nor shall you hold yourself out as having authority to bind the Promotion Parties.

6.  Ownership of Art and Assets Submitted. You agree that the Nickelback Touring 2 Inc. (“Nickelback”) is and shall be the sole and exclusive owner of all right, title, and interest throughout the world in and to all the results and proceeds of the art and assets that you upload on this site or for this request for submissions, for any work relevant to this request for submissions performed by you (whether alone or jointly with others) under or in connection with this website or request for submissions  (the “Submission Requests”), including but not limited to all designs, drawings, concepts, patents, copyrights, trademarks, trade secrets, ideas, and other intellectual property rights therein (collectively, “Intellectual Property Rights”).  You retain no rights to use the Submission Requests and agree not to challenge the validity of Nickelback’s ownership of the Submission Requests and/or any Intellectual Property Rights therein.  If your art is selected as a winner, in consideration for the payments made for such art, you agree that the Submission Requests are hereby deemed a “work made for hire” as defined in Title 17, United States Code, Section 101, for the Company. If, for any reason, any of the Submission Requests do not constitute a “work made for hire,” you hereby irrevocably assign to the Company, in each case without additional consideration, all right, title, and interest throughout the world in and to the Submission Requests, including all Intellectual Property Rights therein. Upon request you shall promptly take such further actions, including execution and delivery of all appropriate instruments of conveyance, as may be necessary to assist to prosecute, register, perfect, record, or enforce Nickelback's rights in any Submission Requests, including any Intellectual Property Rights therein. You agree not to use or incorporate into the Submission Requests any intellectual property developed by any third party (“Pre-Existing Intellectual Property”).  In the event you use or incorporate Pre-Existing Intellectual Property into the Submission Requests, you hereby grant to Company a non-exclusive, perpetual, fully-paid and royalty-free, irrevocable and worldwide right, with the right to sublicense through multiple levels of sublicensees, to use, reproduce, distribute, create derivative works of, publicly perform and publicly display in any medium or format, whether now known or later developed, such Pre-Existing Intellectual Property incorporated or used in the Submission Requests.  You represent and warrant that you have an unqualified right to license to the Company all Pre-Existing Intellectual Property as provided in this section. To the extent that any of your pre-existing materials are contained in the Submission Requests, you hereby grant to Nickelback an irrevocable, worldwide, unlimited, royalty-free license to use, publish, reproduce, display, distribute copies of, and prepare derivative works based upon, such pre-existing materials and derivate works thereof.  Nickelback may assign, transfer, and sublicense such rights to others without your approval. You have no right or license to use, publish, reproduce, prepare derivative works based upon, distribute, perform, or display any Submission Requests.  You have no right or license to use Nickelback's trademarks, service marks, trade names, logos, symbols, or brand names other than for the purposes of submitting to this site.

7.  Representations and Warranties. You represent and warrants that:

You have the right to enter into this request for submissions, to grant the rights granted herein, and to perform fully the obligations imposed by these terms; your performance of the art submitted to this competition and site does not and will not conflict with or result in any breach or default under any other agreement to which You are subject to; You will not violate or infringe upon the intellectual property rights or any other rights whatever of any other person, firm, corporation or other entity with you submission to this site and promotion; You will comply with all applicable federal, state, and local laws and regulations. You agree to indemnify Promotion Parties from any and all loss or liability incurred by reason of the alleged breach by You of any agreement with any third party.  You agree to indemnify Promotion Parties for any breach of the terms outlined herein.

8.  No guarantee.  By uploading art to this site or promotion, you agree that there is no guarantee that you will win or receive any recognition, and that the vast majority of entrants will not win or receive any recognition.