Please read this License Agreement before submitting entries to the Hashtag Sports Awards. By entering content for consideration, you agree to abide by the conditions of this License Agreement.
This Hashtag Sports Awards License Agreement (this “Agreement”) confirms the understanding between the individual or entity who is submitting and/or is named as the submitting party of the submission form to which this Agreement relates (“Licensor”) and Activ8Social, LLC d/b/a Hashtag Sports, its affiliated and related companies, its partners and designees, and each of their respective directors, officers, members, managers, employees, licensees, contractors, and agents (collectively, “Licensee”) regarding Licensor’s submission of that certain (i) original production, program, series, and/or channel created for initial release and exhibition online (“Program”); (ii) individual who appears or performs in a Program (“Individual”); and/or (iii) organization, company, or entity that produced, or caused the production of, and owns and/or controls a Program (“Organization”) for consideration for one (1) or more Hashtag Sports Awards (the “Submission”) and Licensee’s right to use any and all content or materials submitted by Licensor as part of the Submission in and in connection with Licensee’s conduct, operation, and management of the submission, nomination, selection, voting, and awarding processes, procedures, and activities for the Hashtag Sports Awards and Licensee’s development, production, distribution, broadcast, exhibition, exploitation, marketing, promotion, and advertising of any and all ceremonies, presentations, and/or productions of the Hashtag Sports Awards, whether or not recorded, taped, broadcast, streamed, or otherwise made viewable by a remote audience, at any time and any ancillary, derivative, or related events or activities (collectively, the “Project”). Reference is made to that certain Hashtag Sports Awards Rules (the “Rules”), available at https://awards.hashtagsports.com/rules/ which are hereby incorporated herein.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor hereby irrevocably grants to Licensee and its successors, licensees, and assigns a non-exclusive, royalty-free, transferable license to use, incorporate, edit, modify, alter, reproduce, and create derivative works from (i) the submitted Program and its title, logo, trademarks, and all audiovisual material contained in the Program, including the name, voice, images, and performances of the artists appearing therein; (ii) the name, voice, likeness, photograph, image, and performance of the submitted Individual; (iii) the name, logo, trademarks, and/or service marks of the submitted Organization; (iv) those certain photographs submitted as part of the Submission; and (v) any and all other information, data, and/or material provided by Licensor and/or included in the Submission made by Licensor on this Website (collectively, the “Licensed Material”) in and/or in connection with the Project for the purposes and in the manner set forth herein (“Licensed Rights”). Licensee shall have right to use, incorporate, broadcast, exhibit, distribute, advertise, promote, market, publicize, and otherwise exploit the Licensed Material (in whole or in part and in combination with any other materials) in and/or in connection with the Project and any related or derivative programming (including, without limitation, any and all promotion, advertising, marketing, merchandising, publicity, and any other ancillary uses) in any and all manner, media, language, and formats, now known or hereafter devised, throughout the universe in perpetuity.
Licensor represents and warrants that: (i) Licensor owns and/or controls the Licensed Material, including the copyright therein, and/or has full right, power, and authority to enter into, fully perform, and grant the rights granted by Licensor in this Agreement, and no other permission or license is required; (ii) by entering into and fully performing this Agreement and granting the rights granted herein, it is not and will not be in violation of the terms of any agreement or understanding to which Licensor is party; (iii) the Licensed Material does not and will not infringe upon the rights or interests of any third party; (iv) all elements within the Licensed Material are either original with Licensor or Licensor has acquired all necessary rights, licenses, permissions, and/or consents necessary for the use of such elements, including, but not limited to, all video and musical elements, master recordings, and synchronization rights; (v) Licensor has made the Submission voluntarily and neither Licensor, nor any Individual or Organization, will receive or be entitled to receive financial compensation of any type associated with use of the Licensed Materials in the Project or otherwise; and (vi) the Licensed Material is free and clear of any liens or claims with respect to the use of such Licensed Material in the manner authorized herein, and such use will not give rise to any claims of infringement, invasion of privacy or publicity, or claims for payment of re-use fees, residuals, royalties, or fees. Licensor expressly acknowledges that, if and to the extent that Licensee uses or includes the Licensed Material in connection with the Project, it will be in substantial reliance upon the foregoing representations and warranties.
Licensor acknowledges that Licensee is under no obligation to produce or distribute the Project or to use, exploit, or include the Licensed Material in any Project. In the event of any breach of this Agreement by Licensee or any dispute or disagreement regarding Licensee’s use or right to use the Licensed Material, Licensor acknowledges and agrees that its sole remedy will be to seek to recover monetary damages (if any) in an action at law, and in no event will Licensor be entitled to (i) seek injunctive or other equitable relief; (ii) enjoin the development, production, exhibition, distribution, broadcast, advertising, marketing, promotion, or exploitation of any Project; and/or (iii) rescind or terminate this Agreement.
Licensee acknowledges that its use of the Licensed Material will not affect Licensor’s continued and separate copyright ownership of the Licensed Material. Licensor acknowledges that, as between Licensor and Licensee, Licensee will be the sole and exclusive owner of all right, title, and interest in and to the Project, and whether or not the Licensed Material is used or included in or in connection with the Project, Licensor will acquire no rights whatsoever in or to the Project.
Licensee will be entitled to assign all, or any portion, of the rights and licenses granted herein and will be entitled to assign this Agreement, in whole or in part, to any person, firm, or corporation. This Agreement is binding upon and will inure to the benefit of the respective licensees, successors, and assigns of both Licensor and Licensee.
This Agreement sets forth the entire understanding of the parties hereto with respect to the subject matter hereof, and there are no other representations, understandings, or agreements between the parties relative to such subject matter. This Agreement and all questions arising hereunder will be governed by and construed in accordance with the laws and decisions of the State of New York without giving effect to the principles thereof relating to the conflicts of law, and the parties hereto agree that any suit, action, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the state or federal courts situated in New York, NY.