Intent of Use
First things first, we want to promote you, not own your work. You own all rights to your work. We are simply looking for you to grant us the rights to feature your art and promote you as an artist. We also will make a cash payment of US$250 via PayPal (4% charge to receiver) to artists whose works we select as part of the Collective Series. Think of this as a cool collaboration with other artists and a great way to create buzz (no pun intended).
To be more specific, here is how we intend to use your work…
We will print your artwork on labels, (bottles and cans), packaging, coasters, merchandise, apparel, streaming audio and video and other promotional materials for no more than 18 months commencing when your work is first used (the “Term”). After the Term is up, your work may remain displayed on our social media platforms or website (“Archival Uses”) but we will not print your artwork on any of our products or on its own in any format.
To promote and commemorate each series we also want to be able to feature you and your work on our social media platforms and in promotional materials as part of the Collective Series.
I hope you can tell that we are sincere in our intent to grow together and our passionate about Art and Brewing.
TERMS AND CONDITIONS
Collective Arts Brewing Limited and its affiliates (the “Company”) invites interested parties to submit a digital copy of an original piece of artwork in any media, including but not limited to art, photography, music, music videos or video shorts (“Artwork”) for possible use by the Company on labels, (bottles and cans), packaging, coasters, merchandise, apparel, streaming audio and video and other promotional materials (the “Search”). No Entrant (as hereinafter defined) will be permitted to participate in the Search without evidencing their agreement to the terms and conditions set out herein (“Terms and Conditions”) via the submission process. The Company reserves the right to change these Terms and Conditions from time to time by updating this posting. Entrant hereby agrees to be bound by an such changes. Entrant should check the Terms and Conditions periodically for changes.
1. Entrant Eligibility: Each person who submits Artwork (“Entrant”) must be of legal drinking age in the province, State or country in which the artist resides at the time of entry. By submitting Artwork, each Entrant agrees to these Terms and Conditions.
2. Entry: To submit Artwork, all entrants must submit label image at 1,800×1,800px in the following formats-.jpg and.png in RGB color format are accepted.
a. In the case of original artwork or photographic work, label image submitted at 1,800×1,800px in the following formats-.jpg and .png in RGB color format are accepted.
b. In the case of original music videos or video shorts, link to a downloadable 1280×720 HD video. Acceptable links will reference videos stored on FTP sites, Vimeo, or YouTube.
c. Subsequent submissions of additional information by email to the Company by artist related to the Artwork shall be included in the term “Artwork” and be bound by these Terms and Conditions.
3. End Use: By submitting Artwork, Entrants acknowledge and agree that the Company may or may not, in its sole discretion, use such Artwork for the purpose of, but not limited to: (i) Company labels, (bottles and cans), packaging, coasters, merchandise, apparel, streaming audio and video and other promotional materials; (ii) in published Artwork on the Company social media platforms and website; or (iii) other promotional items as determined by the Company, for the purpose of promotion, distribution and sale of the Company’s products for profit (collectively, the “End Use”). The Company has no obligation to use any Artwork for an End Use.
4. Duration of Use: The Entrant acknowledges that the Company intends to produce beer labels for no greater than the Term months in duration from the first production date of the beer bottle label or other promotional material. To promote and commemorate each series of beer bottle labels, the Company intends to feature Entrant and Entrant’s Artwork on the Company social media platforms and in promotional materials as part of the End Use, prior, during and post production of the beer bottle label, can labels, cases, coasters and other promotional materials. This includes a bio of the Entrant and the Entrant’s Artwork on the Company website.
5. Compensation: Entrants whose Artwork is selected for any End Use (“Selected Artwork”) will be compensated with a one-time Cash Payment of US$250 (the “Cash Payment”) for the Artwork. The Entrant acknowledges that, other than the Cash Payment for Selected Artwork, no financial compensation or other compensation will be given to any Entrants, including Entrants whose Artwork is selected for any End Use (“Selected Artwork”). The Company will never sell Entrant’s Artwork to any arm’s length third party without express written consent from the Entrant. The Company is not an image brokerage. Should your Artwork be selected for additional uses that are not an End Use, such as to be featured on merchandise or apparel, you will be provided additional compensation will based on a fixed pay scale.
6. Artwork Eligibility: Artwork must be a single work of original art derived from an original concept created by the Entrant. The Artwork can be an already-existing piece of work; we do not ask that the Entrant create anything new. The submitted Artwork must not contain obscene, provocative, defamatory, sexually explicit or otherwise objectionable or inappropriate content, as determined by the Company, in its sole and unfettered discretion. The Company reserves the right to examine the original Artwork and source material in order to confirm compliance with these Terms and Conditions.
7. Entrant Groups: In the case of music and video submissions where multiple parties are involved in the creation of the Artwork (for example, multiple band members or video crew) (the “Entrant Group”), only one person may be designated on the entry form as the responsible entrant. The entrant shall, by submitting the Artwork, indemnify and hold the Company harmless from and against any claims by any member of the Entrant Group.
8. License: By submitting Artwork, Entrant grants to the Company and its related companies a worldwide, limited, royalty-free, license to the Artwork, including, without limitation the right to publish, use, copy, produce, reproduce, alter, distribute, prepare derivative works of, display, publicly and otherwise exploit for profit, the Artwork and the Entrant’s name and location of residence, for all End Uses in all media and formats, whether now known or unknown and later developed, in any material form whatsoever, in all languages.
9. Non-Interference: Entrant acknowledges and agrees that, for the Term, they shall not have any right to preview, consent to or otherwise approve, the publication, use, copying, production, reproduction, alteration, distribution, preparation of derivative works of or display of the Artwork, in any form, by the Company, or any licensee, affiliate or assignee thereof, as permitted by these Terms and Entrant acknowledges and agrees not to, directly or indirectly, interfere with or object to any of the foregoing. Entrant also acknowledges that, following the Term they shall not have any right to interfere with the Archival Use, and display of the Artwork, by the Company.
10. Media: By submitting Artwork, Entrant consents and grants to the Company a non-exclusive right to reproduce and use the Entrant’s name, likeness and, location of residence in any publicity carried out by the Company in any way it chooses, for any purpose in connection with any End Use or other promotional efforts by the Company, at any time, in any media and without any compensation.
11. Representations, Warranties and Covenants: As a condition of entry, and by submitting Artwork, each Entrant covenants, represents and warrants to the Company, which representations and warranties shall remain true and accurate, as follows:
a. The Artwork is an original work created solely by the Entrant or the Entrant Group;
b. Entrant has good and marketable title to the Artwork, free and clear of all liens and encumbrances of any kind whatsoever;
c. Entrant has obtained all necessary consents and approvals, including without limitation of other parties in an Entrance Group such as band members or video crew members, to grant the Company the rights described in these Terms and Conditions, and will make written copies of any such consents and approvals available to the Company upon request;
d. No party other than entrant has any right, title, claim or interest in or to the Artwork that could restrict Entrant’s capacity to grant the rights outlined in these Terms and Conditions;
e. The Company’s use of the Artwork pursuant to these Terms does not and will not induce or result in infringement, misappropriation or violation of the rights of any third party, including, without limitation, privacy rights, publicity rights, proprietary rights, copyrights, trademarks and/or other intellectual property rights;
f. The Artwork has not been previously published, showcased or displayed in any promotional campaign or otherwise in connection with any beer or alcoholic beverage manufacturer or retailer, and the Artwork has not been incorporated as part of any contract, agreement or commission with any gallery, studio, institution or person, entered into by the Entrant, that restricts the Entrant’s ability to enter into these Terms and Conditions and license the Artwork under Section 6 hereof. Entrant shall notify the Company in a timely manner of any claim of which Entrant becomes aware that may restrict Entrant’s capacity to grant any of the rights described in these Terms and Conditions.
12. Indemnity: By submitting Artwork, each Entrant agrees that it relinquishes its right, in perpetuity, to assert any claim against the Company in respect of the Company’s use of the Artwork. Entrant agrees, to the fullest extent permitted by applicable law, to release, indemnify and hold the Company and its respective affiliates, successors, officers, directors, agents, co-branders and any other partners and any of their employees (collectively, the “Collective Brewing Affiliates”) harmless from any and all loss, damage, right, claim, action, expense, cost (including reasonable attorneys’ fees) and liability (including settlements) of any kind brought or asserted by any third party against any of the Collective Brewing Affiliates due to or arising out of an Entrant’s breach or alleged breach of these Terms and Conditions, breach or alleged breach of any third-party right, or Entrant’s conduct during and in connection with the Search, including but not limited to personal injury, death and property damage, and any claims based on trademark, copyright or other intellectual property rights, right of publicity, invasion of privacy, disparagement, misappropriation or defamation. The Entrant will cooperate in the defense of any such claim and will provide such evidence, including attendance in person, as Collective Brewing Affiliates may require. Collective Brewing Affiliates reserve the right to assume the exclusive defense and control of any matter subject to indemnification by any Entrant, and no Entrant will in any event settle any claim without the prior written consent of the Company.
13. Limitation of Liability: IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED IN ANY WAY TO THESE TERMS AND CONDITIONS REGARDLESS OF THE LEGAL THEORY UPON WHICH ANY SUCH DAMAGES CLAIM IS BASED, EVEN UPON THE FAULT, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, STATUTE, REGULATION, OR ANY OTHER THEORY OF LAW OR BREACH OF WARRANTY BY, OR STRICT LIABILITY OF, the COMPANY.
14. Assignment: Entrant shall not assign the rights and obligations under these Terms and Conditions without first having obtained the prior written consent of the Company. The Company shall be entitled to assign any of the rights or obligations under these Terms and Conditions by delivery of written notice to Entrant. Subject to any restrictions herein contained, this Agreement shall endure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. The Company may update these Terms and Conditions periodically to account for changes to the Call For Art program by updating this posting as it evolves (Entrant should review the Company website periodically for updates).
15. Waiver: The failure of the Company to enforce any provision of these Terms and Conditions, for whatever reason, shall not be construed as a waiver of any right to do so at any time. The Entrant agrees that if any portion of these Terms and Conditions is held invalid or unenforceable, the remaining portions will remain in full force and effect.
16. Headings: The division of these Terms and Conditions into paragraphs and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms and Conditions.
17. Governing Law: These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Ontario and the laws of Canada applicable therein without regard to principles of conflict of laws and the parties irrevocably attorn to the non-exclusive jurisdiction of the courts of Ontario and the Federal Courts of Canada therein.
Entrant acknowledges and agrees that, as between Entrant and the Company, the Company retains all intellectual property rights for all patents, trademarks or other names and intellectual property associated with the End Uses, and Entrant shall not have any rights therein except as may be expressly provided for in these Terms. For greater certainty, Entrant shall have no rights in and to the distribution of the products under the Company’s brand, or the use of the Company’s intellectual property rights for the promotion of the Products.