RITA Contest Participation Agreement

 

Entrants must agree to the Contest Participation Agreement (below) upon entering the 2018 RITA Contest.

 

IMPORTANT — THIS IS A LEGAL AGREEMENT BETWEEN EACH PERSON (referenced herein with “you” or with “your”) AND THE ROMANCE WRITERS OF AMERICA (referenced herein as “RWA”).  YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF THIS CONTEST PARTICIPATION AGREEMENT (referenced herein as the “Agreement”) BECAUSE THEY GOVERN YOUR PARTICIPATION IN THE 2018 RITA CONTEST OFFERED BY RWA (referenced herein as the “Contest”).  RWA IS WILLING TO GRANT YOU THE RIGHT TO PARTICIPATE IN THE CONTEST ONLY ON THE CONDITION THAT YOU AGREE TO THIS AGREEMENT.  IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE CONTEST.

1. LICENSE GRANT. By providing or submitting your novel or novella (referenced herein as “Entry”), you provide to RWA a non-exclusive license to access and use your Entry for the Contest, including the right to distribute your Entry to judges of the Contest for the purpose of reviewing and scoring your Entry. In addition, you hereby grant to RWA the right to use your name, photo (if provided), biographical information, and Entry title for promotional purposes in connection with the Contest.

2. CONTEST JUDGING REQUIREMENTS. If you participate as a judge of the Contest (or part thereof), you will receive novels or novellas as designated by RWA (referenced herein as an “Entry(ies)”) that have been submitted by individual authors as a part of the Contest.  You will comply with any rules for Contest participation promulgated by RWA (See https://www.rwa.org/p/cm/ld/fid=531).  In particular, you will score preliminary-round Entries individually on a scale of 1.0 to 10.0, with 1.0 being the lowest score and 10.0 being the highest score.  You are allowed and encouraged to use decimal points when scoring.  Each work shall be judged by the standards of the category in which it is entered without regard to the standards of other categories for which it may qualify.  When judging the preliminary rounds, you will be required to answer the following three questions in addition to assigning one overall score: (1) “Does the Entry contain a central love story?”; (2) “Is the resolution of the romance emotionally satisfying and optimistic?”; (3) “Does the Entry fall within the category description?  You will promptly report your answers and scores to RWA?”.

3. PARTICIPANT REPRESENTATIONS. You agree, represent, and warrant that you (i) are at least 18 years of age; (ii) have the right, power, and authority to create a binding agreement with RWA and fulfill all of the obligations under this Agreement or with respect to the Contest; (iii) have the full right, power, and authority to submit the Entry and enable use by RWA in accordance with the license grant herein; (iv) will abide by all applicable local, state and federal laws and regulations with respect to your participation in the Contest; (v) will not submit an Entry that violates any right(s) of a third party(ies) including, without limitation, any privacy, publicity, intellectual property, or confidentiality right(s); (vi) will only provide true, accurate, current, and complete information when submitting information to RWA in connection with the Contest; (vii) and have reviewed and will comply with the rules governing the submission of entries and participation in the Contest (as posted on the RWA website at https://www.rwa.org/p/cm/ld/fid=531).  In addition, you agree, represent, and warrant that by participating as a judge in the Contest, you (aa) are a 2018 RITA Contest entrant or a PAN-eligible General member (and/or Honorary member), (bb) will complete your judging assignments in a timely manner and report scores on or before the deadlines, (cc) will contact the Contest coordinator immediately if you are unable to fulfill your judging assignments, and (dd) have reviewed and will comply with the RWA member Code of Ethics  (See https://www.rwa.org/p/cm/ld/fid=506).

4. CONTEST ACCESS. You agree to comply with all instructions of RWA with regard to access to any Contest materials, including, but not limited to, an Entry(ies) or the RWA website, and shall maintain the confidentiality of any usernames or passwords used for such access. You shall immediately notify RWA if you suspect or become aware of any loss or theft of your password or of any unauthorized use of your username and password.

5. NO COMPENSATION. You acknowledge and agree that you will receive no compensation in any form for participation in the Contest, for your Entry, or for judging or providing any other services or assistance in connection with the Contest.

6. PROPRIETARY RIGHTS. All proprietary rights in and to the Entries shall remain with the individual authors (or claimants). You may access your assigned Entries only to review and score the Entries for the Contest, and all Entry materials (or copies thereof) must be destroyed. You may not copy, translate, disseminate, create derivative works of, or publicize the Entries. Moreover, all rights not expressly granted under this Agreement are hereby reserved by RWA (or its licensors). You may not use the trademarks, service marks, names, logos or icons of RWA (or its parent, affiliates, or subsidiaries) or its licensors, without the express written permission of RWA.

7. CONFIDENTIAL INFORMATION. All Entries and aspects of the judging process (as promulgated by RWA) are considered the confidential information of RWA. You agree to use reasonable efforts to secure and protect the confidential nature of such confidential information. In particular, you may not use, discuss, or share an Entry(ies), or your response to or judging of an Entry(ies), with any individual or entity (other than RWA and its designated contact(s)) or in any other forum or medium, whether public or private, without RWA’s prior, express, and separate written permission.

8. NO PRE-SCREENING OF ENTRIES. RWA is not responsible for screening, policing, editing, or monitoring Entries. All categories of Entries will have varying degrees of sexuality or sensuality.  Moreover, RWA does not endorse the content of the Entries and any opinions or views expressed in the Entries do not necessarily reflect those of RWA.

9. DISCLAIMER. THE CONTEST IS IMPLEMENTED AND PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. RWA DISCLAIMS ALL WARRANTIES AS TO ANY ENTRY (OR THE CONTENT THEREOF).

10.  LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL RWA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO PARTICIPATION IN THE CONTEST BY YOU OR ANYONE ELSE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM PIRACY OR ACTS OR OMISSIONS BY JUDGES OF THE CONTEST, EVEN IF RWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ENTER THE CONTEST AT YOUR OWN RISK. THE TOTAL LIABILITY OF RWA FOR ANY REASON WHATSOEVER RELATED TO PARTICIAPTION IN THE CONTEST OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL  NOT EXCEED THE FEE PAYMENT REQUIRED TO ENTER THE CONTEST (IF ANY) OR $100, WHICHEVER IS GREATER.

11. TERM AND TERMINATION. This Agreement will take effect at the time you click or check “I ACCEPT”, submit your Entry, or begin participating in the Contest, whichever is earliest. This Agreement will terminate automatically if (i) you fail to comply with any of its terms and conditions, including failure to abide by any Contest participation or judging guidelines, (ii) RWA ends the Contest, or (iii) you cease all participation in the Contest. Termination will be effective without notice. In addition to the “Miscellaneous” provision, the provisions concerning proprietary rights, confidentiality, disclaimer (of warranty), and limitation of liability will survive the termination of this Agreement for any reason.

12. MEMBERSHIP CONSEQUENCES. Notwithstanding any other rights or remedies available to RWA, failure to comply with the terms and conditions of this Agreement may result in additional disciplinary action by RWA. Such disciplinary action can include, but is not limited to, a revocation of your RWA membership, which can result in a ban on any future participation in Contests or the receipt of books through RWA.

13. MISCELLANEOUS. You agree that you and RWA are independent contractors only and that neither this Agreement nor any of its terms and conditions may be construed as creating a partnership, joint venture, employment, or agency relationship with RWA. This Agreement constitutes the entire agreement between you and RWA relating to the subject matter hereof and supersedes and replaces any and all prior oral or written agreements concerning the Contest. No amendments shall be made except in a writing signed by both you and RWA. This Agreement shall be binding on, and shall inure to the benefit of you and RWA and your and RWA’s respective successors, heirs, and assigns. You may not delegate any obligation of yours herein without RWA’s prior consent. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. RWA’s failure to enforce any term or condition of this Agreement shall not constitute a waiver of any right or remedy or of such term or condition.