2025 Graphic Tee Contest Release and Consent Agreement
2025 PRIMARY KIDS GRAPHIC TEE CONTEST RELEASE AND CONSENT AGREEMENT
By entering or participating in the 2025 Primary Kids Graphic Tee Contest, sponsored by Primary Kids, Inc. ("Primary Kids"), I (“Entrant”) hereby acknowledge, accept and agree to be bound by the terms and conditions set forth in this Release and Consent Agreement ("Release"):
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Entrant represents and warrants that Entrant is the legal guardian of a minor under eighteen (18) years old who created artwork (“Artist”) submitted in conjunction with the 2025 Primary Kids Graphic Tee Contest (“Original Artwork”). By submitting Artist’s Original Artwork and entering the 2025 Primary Kids Graphic Tee Contest, Entrant represents and warrants that Entrant agrees to the terms of this Release on Artist’s behalf.
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Entrant hereby irrevocably grants to Primary Kids and its assignees, licensees, and successors the perpetual, irrevocable, worldwide, royalty-free license, permission and consent to use, store, sublicense, copy, modify, create derivative works of, distribute, and publicly display Artist’s Original Artwork, in whole or in part, either directly or in an adapted form, in any resulting materials created by or for Primary Kids, including but not limited for use on clothing for the Primary Kids Holiday 2025 collection, on Primary Kids website and social platforms and in printed and digital promotional and marketing materials ("Materials").
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Entrant waives any right Entrant may have to inspect, consent to, or approve versions of the Materials or use of the Original Artwork therein. Entrant understands that Primary Kids is under no obligation to use the Original Artwork or provide credit to Entrant or Artist, and neither Entrant nor Artist will receive any financial compensation or cash payment for the rights or permissions granted by Entrant under this Release.
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Entrant agrees not to sue, and irrevocably, unconditionally and entirely releases, and holds Primary Kids harmless from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, related to the 2025 Primary Kids Graphic Tee Contest and the Original Artwork submitted – including claims for invasion of right of privacy, infringement of the right of publicity, defamation, portrayal in a false light, copyright infringement or any other claim based on or relating in any way to this Release or Primary Kids’ use of the Original Artwork. Entrant understands that Entrant may not seek any injunctive or equitable relief from Primary Kids (such as the termination of this Release or stopping the usage or distribution of the Original Artwork or any Materials).
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Entrant represents and warrants that: (1) all Original Artwork is original and does not and will not infringe or violate the rights of any third party; (2) Entrant has the full right to enter into this Release; and (3) Entrant is authorized to grant all rights set forth herein.
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This is the complete and binding agreement between Primary Kids and Entrant and supersedes any other discussions or understandings Entrant may have had with Primary Kids about the Original Artwork and Materials. This Release will be governed by and construed in accordance with the laws of the State of New York, excluding that body of law known as conflict of laws. Any legal action or proceeding arising under this Release will be brought exclusively in the federal or state courts located in New York, New York. Entrant understands and acknowledges that Entrant may not assign or transfer this Release, in whole or in part, without Primary Kids’ express prior written consent. Any attempt to assign this Release, without such consent, will be void. Primary Kids may freely assign or transfer this Release, in whole or in part, by operation of law or otherwise. Subject to the foregoing, this Release will bind and inure to the benefit of each party’s successors and permitted assigns. If any provision of this Release is invalid, the other provisions will remain in effect to the maximum extent permitted by law. This Release cannot be modified or terminated except by a written agreement mutually executed by the parties.