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2011 Literary Contest Terms and Conditions

MARTIN SUSTAINABLE 2011 LITERARY CONTEST
TERMS AND CONDITIONS – RELEASE AGREEMENT

BY ENTERING THE MARTIN SUSTAINABLE LITERARY CONTEST, hereinafter known as “CONTEST”, a person or persons entering the CONTEST, hereinafter known as “CONTESTANT”, agrees to the following:

1. CONTESTANT understands that MARTIN SUSTAINABLE has adopted the policy of refusing to accept, consider, or otherwise evaluate unsolicited material, hereinafter known as “ENTRY”, unless the CONTESTANT has agreed to all terms and conditions as outlined in this release agreement, hereinafter known as "AGREEMENT".

2. CONTESTANT understands and specifically acknowledges that, as MARTIN SUSTAINABLE has adopted the policy of refusing to accept, consider, or otherwise evaluate unsolicited material outside of the CONTEST, any ENTRY in the CONTEST is subject to all terms and conditions as outlined in this AGREEMENT and any unsolicited material submitted outside of the CONTEST will not be read, considered or accepted.

3. CONTESTANT specifically acknowledges that MARTIN SUSTAINABLE would refuse to accept, consider, or otherwise evaluate any ENTRY in the absence of each and all of the provisions of this agreement. It is understood that no confidential or contractual relationship beyond this AGREEMENT is established by CONTESTANT submitting ENTRY to CONTEST.

3. CONTESTANT shall retain all the rights to submit their ENTRY or similar material to persons or companies other than MARTIN SUSTAINABLE.

4. CONTESTANT warrants that CONTESTANT is the sole owner and author of ENTRY, that CONTESTANT has the exclusive right and authority to submit the same ENTRY to CONTEST upon the terms and conditions stated herein, and that all the elements of said ENTRY are summarized in the SYNOPSIS section of the CONTEST entry form. CONTESTANT agrees to indemnify MARTIN SUSTAINABLE and all its associates, owners, writers, judges, creative personnel, employees and volunteers, hereinafter known as “ASSOCIATES”, against all liabilities, losses, claims, demands, costs (including reasonable attorney's fees), or expenses arising in connection with any breach or alleged breach of the foregoing.

5. CONTESTANT agrees that nothing contained in this agreement, nor the fact of CONTESTANT’s submission of said ENTRY to CONTEST, shall be deemed to place MARTIN SUSTAINABLE or any of its ASSOCIATES, or any person or entity to whom MARTIN SUSTAINABLE shows said ENTRY, in any different position than anyone else to whom CONTESTANT has not submitted said ENTRY with respect to any portion of said ENTRY which does not constitute protectable literary property.

6. CONTESTANT recognizes that MARTIN SUSTAINABLE and its associates have access to and/or may create literary materials and ideas which may be similar or identical to said ENTRY in theme, idea, plot, format or other respects. CONTESTANT agrees that CONTESTANT will not be entitled to any compensation because of the use of any such similar or identical material that may have been independently created by MARTIN SUSTAINABLE or any ASSOCIATE, or may have come to MARTIN SUSTAINABLE or such associate from any other independent source.

7. CONTESTANT agrees than no obligation of any kind is assumed or may be implied against MARTIN SUSTAINABLE by reason of MARTIN SUSTAINABLE’S review of the said ENTRY or any discussions or negotiations that may occur between CONTESTANT and MARTIN SUSTAINABLE and its ASSOCIATES, except pursuant to an express written agreement hereafter executed by MARTIN SUSTAINABLE and CONTESTANT which, by its terms, will be the only contract between MARTIN SUSTAINABLE AND CONTESTANT.

8. CONTESTANT has retained at least one copy of said ENTRY, and CONTESTANT hereby releases MARTIN SUSTAINABLE of any and all liability for loss of, or damage to, the copies of said ENTRY submitted to MARTIN SUSTAINABLE hereunder.

9. CONTESTANT agrees to follow all rules and formatting requirements as specified in the contest rules and formatting guidelines sections of the MARTIN SUSTAINABLE website.

10. CONTESTANT hereby states that CONTESTANT understands and accepts that MARTIN SUSTAINABLE will not be required to contact or to respond to CONTESTANT or to provide CONTESTANT with information or explanation of the disposition of their ENTRY or to communicate any reason or explanation for MARTIN SUSTAINABLE's decision to include or not include ENTRY in the CONTEST's prize categories. 

11. CONTESTANT hereby states that CONTESTANT understands and accepts that any consideration, review of and/or decision about ENTRY by MARTIN SUSTAINABLE and its ASSOCIATES is, by nature, subjective and that MARTIN SUSTAINABLE does not warrant or guarantee ENTRY will be included in any of the CONTEST's prize categories.

12. CONTESTANT hereby states that CONTESTANT has read and understood this AGREEMENT and that no oral representations of any kind have been made to CONTESTANT, and that this AGREEMENT states CONTESTANT’s and MARTIN SUSTAINABLE’s entire understanding with reference to the subject matter hereof. Any modification or waiver of any of the provisions of this AGREEMENT must be in writing and signed by both CONTESTANT and MARTIN SUSTAINABLE.

13. CONTESTANT hereby states that by entering CONTEST, CONTESTANT has digitally signed this AGREEMENT and has agreed to all its TERMS AND CONDITIONS, CONTEST RULES and FORMATTING REQUIREMENTS herein.