THIS ART WATER LABEL DESIGN COMPETITION WINNER AGREEMENT (“Agreement”) is
made and entered into as of ___________________ ____, 2010 (the “Effective Date”),
by and between Art Water, with offices at 88 Leonard Street, Suite 1901, New York, NY
10013 ("Art Water") and ___________________________________ (“Winning Contestant”).
Art Water is engaged in the design, creation and marketing of specialty water bottles
comprised of various art forms on the exterior. To keep the artwork new and innovative,
Art Water held a Label Design Competition on deviantART.com and chose Winning
Contestant's submission as one of the three winners.
Now, Art Water and Winning Contestant agree to the following:
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Winning Contestant represents that s/he has read, understands, agrees to and has
complied with the Art Water Label Design Competition Official Rules available
here,
which are incorporated into this Agreement as if stated here;
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Winning Contestant agrees that his or her name may appear on Art Water bottles, in
print and electronic media as a winner of the Art Water Label Design Competition;
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Winning Contestant irrevocably transfers and assigns to Art Water, its successors
and assigns, in perpetuity, all right, title, and interest, throughout the world,
including any copyrights and renewals or extensions thereto, in the work s/he
submitted under the Art Water Label Design Competition Official Rules ("Winning Submission"),
which Art Water has chosen as a Winning Submission, and which is more specifically
referenced here: [url for the winning work]
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As consideration for such assignment, Art Water will pay to Winning Contestant a
fixed-price per unit royalty in the amount of $.03 per bottle of Art Water sold
with Winning Contestant's Winning Submission. The royalty will be accounted for
and paid semi-annually commencing in the year in which the bottles are first sold
until the bottles are no longer available for sale with such royalty to be paid on
retail sales subject to any returns made within the applicable semi-annual accounting period;
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Winning Contestant agrees to indemnify Art Water for any damages it incurs by reason of
claims made against it as a result of Winning Contestant's participation in the competition,
agrees to be bound by all decisions of Art Water and agrees that any untrue statements or a
breach of any term contained here by Winning Contestant shall be grounds for disqualification
and forfeiture of design work submitted without regard to any award or royalty compensation
provided here.
Winning Contestant