One Flag Design Submittal Agreement
By submitting artwork (hereinafter referred to as the "Design") to One Flag, LLC, You are affirming that You (also referred to as “Submitter”) understand and agree to the following terms and conditions, which serve as a binding and enforceable contract between You and One Flag:
1. You are at least 18 years of age and may need to provide One Flag with proof of age (i.e., driver's license).
2. You wish to submit Your Design to One Flag for evaluation and potential selection by One Flag in a design competition for use by One Flag and its licensees to represent the Kansas City region in a flag and other merchandise and promotions.
3. The Design is original to the Submitter and does not include the work or trademarks of any third party.
4. You are the sole copyright holder of the Design and Your submission of the Design to One Flag does not conflict with any legal obligation You have with any other person or company.
5. Each design must be accompanied by Submitter’s name, e-mail address, mailing address, phone number, birthdate, a description of Your connection to the Kansas City Metropolitan region, and a description of the meaning and/or inspiration behind the Design (500 words or less).
6. All designs must be no larger than 10 MB. Only .JPG, .PNG or .PDF files will be accepted and must be submitted via www.oneflag.co/submit.
7. The Design should contain no more than five (5) colors, using no photographic images.
8. Designs and contest entry information can be submitted beginning June 8, 2017, to July 2, 2017. They must arrive no later than 12:00 a.m. July 2, 2017, to be eligible. All entries received after 12:00 a.m. on July 2, 2017 will not be considered eligible for the design competition.
9. The submitter of the winning design will receive the grand prize winner of $1000 and will also earn mention in community-wide publicity, online posts at www.oneflag.co, and press releases related to the contest and flag. The second-place winner will receive $500, and the third-place winner will receive $250.
10. Multiple entries from Submitter are eligible, however, each individual entry must be submitted individually with all information to accompany it.
11. One Flag is not responsible for late, lost, damaged, destroyed or misdirected Design submissions.
12. No nudity, foul language or otherwise offensive images within designs are considered admissible.
13. Submitter is only eligible to win one prize, although more than one design from the Submitter may be selected.
14. Winners will be notified by e-mail or by postal mail within the month of August 2017. Winners and winning designs will also be posted on www.oneflag.co.
15. Designs become the property of One Flag, which will have the right, without further compensation (other than the prize advertised) or notification, to use the Design in any One Flag products, publications, media, promotions, or websites. You hereby assign all rights, title, and interest in and to the copyrights in the Design, and waive all moral rights associated with the Design.
16. If Your Design is selected as a finalist or among the winning designs, you agree that One Flag disclose, publish, and otherwise use Submitter’s name, image, likeness, for publicity purposes without any claim for broadcasting, Internet, print, other rights or further compensation.
17. Prizes will be mailed to the winners at the mailing address that accompanies their entry. Out-of-state winners will have to arrange to pick up the prize in Missouri.
18. One Flag reserves the right not to select a winner if, in its sole discretion, no suitable entries are received.
19. One Flag reserves the right to disqualify any Entrant or Entry at its sole discretion.
20. Submitter must release One Flag, its employees and agents, successor and assigns, from any and all claims which they may have arising out of any use of the Design and Your name, image and likeness.
21. No obligations, other than those specifically set forth in this Agreement, are assumed by, nor will be implied against, One Flag unless and until a separate, formal written contract has been entered into and then only according to the terms of that contract.
22. This Agreement shall be binding on Submitter, his/her/its heirs, administrators, executors, and assigns, and shall inure to the benefit of One Flag, and its successors and assigns.
23. If any provision of this Agreement is held by a court of competent jurisdiction to be void or unenforceable for any reason, the remaining provisions of this Agreement shall continue with full force and effect. If the invalid provision can be reformed by the court, it shall be so reformed and enforced to the maximum extent deemed by the court to be reasonable.
24. No waiver or amendment of any provision of this Agreement shall be valid or enforceable unless it is in writing and signed by the party against whom enforcement thereof is sought. The waiver by One Flag of a breach of any provision of the Agreement by the Submitter shall not operate or be construed as a waiver of any other or subsequent breach by Submitter.
25. This Agreement contains the entire understanding between the parties relative to submission of the Design. This Agreement incorporates and supersedes any prior oral or written agreement between the parties with respect to the same subject matter herein, and shall not be modified unless in writing signed by both parties hereto.
26. This Agreement, and any dispute arising hereunder, shall be governed, construed and interpreted in accordance with Missouri law. Any actions, suits, or proceedings to construe or enforce the terms of this Agreement will be brought solely and exclusively in state or federal court located in Jackson County, Missouri, and Submitter and One Flag hereby submit to the personal jurisdiction and venue of such courts.
27. Should for any reason this contest be determined by One Flag to violate any applicable law, it will be cancelled. Submission of an entry creates no expectation or right in the contest or in the selection of a design submitted.
Questions regarding the contest? You may contact Graham Ripple at email@example.com (email).