The City of Kokomo (“City”) and Greater Kokomo Economic Development Alliance, Inc. (“GKEDA”) reserve the right to disqualify any entry if deemed unsuitable for display, in its sole discretion, if entrant does not provide a high-resolution print file before notified deadline, or if entrant does not meet any other requirements as described above. The City and GKEDA further reserve the right to crop and retouch entrant’s digital file as is deemed suitable for banner format and ratio, legibility, best impact and aesthetics. Also as part of the application process, the artist agrees to let the City and GKEDA use any submitted artwork for the purposes of advertising the event or related activities. This may include altering the work through cropping, sizing, angling or other such manipulations necessary for layout and/or presentation. Artists will be credited where appropriate. In consideration for payment of production by the City and GKEDA and by entering this competition and submitting artwork, entrant agrees as follows: • Entrant allows his/her image/artwork to be displayed publicly. • Entrant grants the City and GKEDA full rights and unlimited use of the submitted image (or portion thereof), in the banner production. • Entrant grants the City and GKEDA a non-exclusive, irrevocable, perpetual, worldwide, royalty-free license to use, publish, reproduce, modify, adapt, license, sublicense, distribute, sell, and display the artwork for any purpose and in any manner or medium, now existing or hereafter developed (the “Rights”). All Rights granted to the City and GKEDA pursuant to this agreement are irrevocable and vest immediately upon the City’s or GKEDA’s notification to entrant that entrant’s artwork will be used in production. This grant survives termination of this agreement, unless specifically agreed otherwise in writing. • The City and GKEDA reserve the right, in their sole discretion, to edit the artwork, supplement or co-mingle the artwork with its trade names, trademarks, and service marks and with content provided by it or by third parties, remove the artwork from production use, and benefit commercially from use of the artwork. • The City owns the RIGHTS to the banner LAYOUTS, but not the artist’s work itself. Winning artists may not reproduce the banner layouts. • Neither artist, City, nor GKEDA will be responsible for weather, wind, loss or damage to the printed banners. Entrant further warrants, covenants, and represents to the City and GKEDA that: • Entrant is at least 18 years of age or older and resides in the United States; that entrant has the full right, power, and authority to enter into this agreement; and that by entering into this agreement, entrant will not be in violation of any other agreement entered into with a third party. • Entrant’s artwork is his/her original artistic work, it has not been copied from any other work, and it does not contain any copies, reproductions, adaptions, or versions of a third party’s work. • The artwork does not otherwise infringe or violate any person’s copyright, design right, trademark, or confidential information. • Entrant is the sole owner of all rights, title, and interest in the copyright of the artwork, and that entrant have not granted any licenses to third parties to reproduce, show, or otherwise utilize or exploit the artwork (unless such rights have now lapsed). • Entrant’s Artwork, including the original version and any reproduction, is not and has not been reproduced, promoted, or sold for any commercial purposes and entrant is the sole owner and are in possession and control of the original of the artwork. • Entrant’s Artwork does not contain anything which is or would be in breach of applicable laws or infringe any third-party rights (such as material which may be considered obscene, pornographic, indecent, seditious, offensive, defamatory, threatening, or liable to incite racial hatred or menacing). In no event shall the City or GKEDA be liable to entrant for any damages, including but not limited to lost profits or savings or anticipated profits or savings, loss of data, loss of opportunity, loss of reputation or goodwill or business, or any consequential, special, incidental, or indirect damages of any kind arising out of the submission by entrant of his/her artwork, or the use of such artwork by the City or GKEDA.