Artist Collaboration - Terms of Conditions
Booklet Art Search - Terms and Conditions
ZZZ’s Rolling Paper Co. (“ZZZ’s”) is inviting you to submit a digital copy of an original art piece for the potential use by ZZZ’s on the packaging of rolling paper booklets, merchandise, promotional material, and social media posts. No Entrant will be permitted to participate in the submission process without evidencing their agreement to the terms and conditions set out herein (“Terms and Conditions”). ZZZ’s Rolling Paper Co. reserves the right to change these Terms and Conditions by updating this document. The Entrant hereby agrees to be bound by any such changes. Entrant should check the Terms and Conditions periodically for changes.
- Age Restriction - Each person who submits artwork (“Entrant”) must be of legal age to purchase and use rolling papers (Tobacco Related Product) in the state, province, or country he/she/they currently reside in at the time of entry.
- Submissions will only be accepted if they are 4000 x 2000 px in the following formats - jpg, eps, png in CMYK color format.
- End Use: By submitting Artwork, Entrants acknowledge and agree that ZZZ’s Rolling Paper Co. may or may not, in its sole discretion, use such Artwork for the purpose of, but not limited to: (i) ZZZ’s Rolling Paper booklets, merchandise, and rolling accessories(ii) on the ZZZ’s website (zzzsrpc.com), Instagram, Facebook, or twitter pages, or (iii) other promotional items (collectively, the “End Use”) as determined by ZZZ’s Rolling Papers, for the purpose of promotion, distribution and sale of ZZZ’s Rolling Paper Co.’s products for profit. ZZZ’s has no obligation to use any Artwork for an End Use.
- Duration of Use: The Entrant acknowledges that ZZZ’s Rolling Paper Co. intends to produce no more than 5,000 booklets. To promote and commemorate each booklet design ZZZ’s intends to feature Entrant and Entrant’s Artwork on the ZZZ’s Rolling Paper website and in promotional materials as part of the End Use, prior, during and post production of the rolling paper booklets, any other smoking accessories, and other promotional materials. This includes a bio of the Entrant and the Entrant’s Artwork on the ZZZ’s Rolling Paper website.
Compensation: Entrants whose Artwork is selected for any End Use (“Chosen Artwork”) will be compensated with a one-time cash payment of USD$150 (the “Cash Payment”) 10% on Net Sales through the ZZZ’s website (zzzsrpc.com), and 10% commission on retail wholesale. The Entrant acknowledges that, other than the Cash Payment, 10% commission on sales through zzzsrpc.com, and 10% commission on retail wholesale, no financial compensation or other compensation will be given to any Entrants, including Entrants whose Artwork is selected for any End Use (“Chosen Artwork”). ZZZ’s Rolling Paper Co. will never sell Entrant’s Artwork to any arm’s length third party without express written consent from the Entrant.
- 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 ZZZ’s Rolling Paper Co., in its sole and unfettered discretion. ZZZ’s Rolling Paper Co. reserves the right to examine the original Artwork and source material in order to confirm compliance with these Terms and Conditions.
- License: By submitting Artwork, Entrant grants to ZZZ’s Rolling Paper Co. a limited, perpetual, 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, on all End Uses and in all media and formats, whether now known or unknown and later developed, in any material form. ZZZ’s Rolling Paper Co. reserves the right to use, reproduce, alter and profit from all Artwork in any of its products and advertising. For greater certainty, this license is only granted in connection with the End Use discussed herein.
- Non-Interference: Entrant shall, in perpetuity, not directly or indirectly interfere with, or object to, the publication, use, copying, production, reproduction, alteration, distribution, preparation of derivative works of or display of the Artwork, in any form, by ZZZ's Rolling Paper Co., or any licensee, affiliate or assignee thereof.
- Media: By submitting Artwork, Entrant consents and grants to ZZZ's Rolling Paper Co. a non-exclusive right to reproduce and use the Entrant’s name, likeness, location of residence and Artwork in any publicity carried out by ZZZ's Rolling Paper Co. in any way it chooses, for any purpose in connection with any End Use or other promotional efforts by ZZZ's Rolling Paper Co. of any ZZZ's Rolling Paper Co. brands, at any time, in any media and without any compensation.
- Representations, Warranties and Covenants: As a condition of entry, and by submitting Artwork, each Entrant covenants, represents and warrants to ZZZ's Rolling Paper Co., which representations and warranties shall remain true and accurate, as follows:
- the Artwork is an original work created solely by the Entrant;
- Entrant has good and marketable title to the Artwork, free and clear of all lien and encumbrances of any kind whatsoever;
- Entrant has obtained all necessary consents and approvals to grant ZZZ's Rolling Paper Co. the rights described in these Terms and Conditions, and will make written copies of any such consents and approvals available to ZZZ's Rolling Paper Co. upon request;
- no party 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;
- ZZZ's Rolling Paper Co.’s display, distribution, publication of the Artwork on any media, including in accordance with any End Use, does 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;
- the Artwork has not been previously published, showcased or displayed in any promotional campaign or otherwise in connection with any other rolling brand, supplier, or retailer.
- 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 ZZZ's Rolling Paper Co. 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.
- Indemnity: By submitting Artwork, each Entrant agrees that it relinquishes its right, in perpetuity, to assert any claim against ZZZ's Rolling Paper Co. and the ZZZ's Rolling Paper Co. Affiliates (as hereinafter defined) in respect of ZZZ's Rolling Paper Co.’s use of the Artwork. Entrant agrees, to the fullest extent permitted by applicable law, to release, indemnify and hold ZZZ's Rolling Paper Co. and its respective affiliates, other partners and any of their employees (collectively, the “ZZZ's Rolling Paper Co. 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 ZZZ's Rolling Paper Co. 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 ZZZ's Rolling Paper Co. Affiliates may require. ZZZ's Rolling Paper Co. 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 ZZZ's Rolling Paper Co..
- Limitation of Liability: IN NO EVENT SHALL ZZZ'S ROLLING PAPER CO. 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, ZZZ'S ROLLING PAPER CO.
- Assignment: Entrant shall not assign the rights and obligations under these Terms and Conditions without first having obtained the prior written consent of ZZZ's Rolling Paper Co.. ZZZ's Rolling Paper Co. 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 ensue to the benefit of and be binding upon the parties and their respective successors and permitted assigns. ZZZ's Rolling Paper Co. 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 ZZZ's Rolling Paper Co. Website periodically for updates).
- Waiver: The failure of ZZZ's Rolling Paper Co. 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.
- Governing Law: These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Florida and the laws of The United States applicable therein without regard to principles of conflict of laws and the parties irrevocably attorn to the non-exclusive jurisdiction of the courts of Florida and the Federal Courts of The United States therein.