Sticker Art Competition Agreement
Please Read Full Agreement Before Submitting You Artwork
**BY SUBMITTING ARTWORK TO THIS COMPETITION, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS IN THEIR ENTIRETY.**
This Sticker Art Competition Agreement (“Agreement”) is entered into by and between DraKong, a brand owned and operated by Hyperkin Inc., with principal business operations located in Los Angeles County (“Organizer” or “DraKong”), and the submitting party (“Participant,” “Entrant,” or “You”), and is effective upon submission of artwork to DraKong as part of the DraKong Sticker Art Competition (“Competition”).
1. Eligibility and Originality
• 1.1. By entering this Competition, you represent and warrant that the artwork you submit (“Submitted Artwork” or “Work”) is an original creation solely authored by you.
• 1.2. You further represent and warrant that the Submitted Artwork does not contain, reference, incorporate, or otherwise make use of any third-party trademarks, copyrighted material, likenesses, logos, or any other intellectual property owned or controlled by any other person or entity.
2. Ownership and Transfer of Rights
• 2.1. By submitting your artwork to DraKong, you hereby irrevocably assign, transfer, and convey to DraKong all worldwide right, title, and interest, including but not limited to all copyrights, derivative rights, adaptation rights, moral rights (to the maximum extent permitted by applicable law), and any other intellectual property rights in and to the Submitted Artwork, whether known or hereafter devised, in perpetuity.
• 2.2. This transfer shall be deemed fully executed, without the need for further documentation, upon submission of the Work. DraKong shall have the unrestricted and exclusive right to use, reproduce, modify, display, distribute, license, and sell the Submitted Artwork in any and all media, whether now known or hereafter devised, worldwide (to the maximum extent permitted by law), in perpetuity, for any commercial or non-commercial purpose, at DraKong’s sole discretion.
3. Compensation
• 3.1. By entering the Competition and submitting your Work, you acknowledge and agree that you shall not be entitled to receive, nor shall DraKong be obligated to provide, anyfinancial compensation, royalty, fee, or monetary consideration whatsoever for the use, publication, distribution, or commercial exploitation of your Work.
• 3.2. Your sole and exclusive compensation, if selected as a winning submission, shall be limited to:
- The inclusion of your artwork in a DraKong product (such as but not limited to stickers, packaging, or printed media);
- Your social media or online handle displayed in connection with your artwork; and
- Receipt of one (1) guitar unit upon the commercial release of the applicable DraKong guitar model.
• 3.3. No alternative, substitution, or cash equivalent shall be provided in lieu of the aforementioned items.
4. Grant of Rights for Promotional Use
• 4.1. Whether or not selected as a winning submission, you hereby grant DraKong the right to use your social media handle, and Submitted Artwork for purposes of promotion, marketing, and public announcement in connection with this Competition and any subsequent campaigns or products without additional notice or compensation.
5. Limitation of Liability and Indemnity
• 5.1. You acknowledge that DraKong shall not be responsible or liable for any damages, claims, or losses arising from your participation in the Competition or from DraKong’s use of the Submitted Artwork.
• 5.2. You agree to defend, indemnify, and hold harmless DraKong, its parent companies, subsidiaries, affiliates, partners, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees) arising from:
- (i) Your breach of this Agreement;
- (ii) Any third-party claim that the Submitted Artwork infringes or violates any intellectual property or proprietary right.
6. Governing Law and Jurisdiction
• 6.1. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflicts of laws and principles.
• 6.2. You hereby submit to the exclusive jurisdiction of the courts located in Los Angeles County, and waive any objection to such venue or forum.
7. Miscellaneous
• 7.1. This Agreement represents the entire understanding between the parties and supersedes all prior agreements, understandings, or representations related to the subject matter herein.
• 7.2. No modification or waiver of any provision shall be binding unless in writing and signed by both parties.
• 7.3. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect.
**BY SUBMITTING ARTWORK TO DRAKONG, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREE TO THE TERMS OF THIS AGREEMENT IN FULL.**
