Request for Brilliance Submission Guidelines

Through certain areas of the GeniusRocket web site (the “Site”), GeniusRocket (“We,” “Us,” “GeniusRocket”) or third parties (“Requestors”) may request that you submit and post content or submissions pursuant to requests for submission (“Requests for Brilliance” or “RFBs”) (“Submissions”). Submissions can be accessed and viewed by others, including such Requestors and the general public. By using this site and uploading content, including a Submission, You agree to be bound by the Site Terms of Service, Privacy Policy, these RFB Submissions Guidelines, and the decisions of GeniusRocket and Requestors, which are binding and final.

When you post Submissions to the Site in response to an RFB, You hereby expressly agree to be bound by any and all terms and conditions set forth in the relevant RFB, including, without limitation, any rules that may be posted and applicable to such RFB (“RFB Rules”), as well as these Request for Brilliance Submission Guidelines (“Submission Guidelines”) and the Site Terms of Service and Privacy Policy.

How to Submit
You must register with the Site and create a GeniusRocket profile in order to respond to an RFB and/or upload a Submission.

You must review the RFB Rules. All Submissions must be submitted by logging on to the Site and following the instructions in the specific RFB to which You are responding. You must provide all information and follow the specific submission guidelines required in the RFB Rules. No hand or e-mail submissions will be accepted, unless otherwise stated in the RFB rules. All Submissions become the property of GeniusRocket and Requestors and no Submissions will be acknowledged or returned. You are responsible for retaining Your own backup copies of any Submissions.

GeniusRocket may, in its discretion, post Your Submission and GeniusRocket profile publicly on the Site. We may, from time to time showcase on the Site certain Submissions We consider noteworthy, in our sole discretion, or allow the public to vote or comment on certain Submissions. Requestors may or may not incorporate public voting into their decision to use Your Submission.

You may submit more than one Submission per RFB, unless otherwise stated in the RFB Rules.

All Submissions must be submitted by 11:59p.m. Eastern Time on the last day of the submission period specified in the RFB Rules, according to the Site’s internal clock, which decision time is final. Genius Rocket is not responsible for late, incomplete, void, corrupted, garbled, misdirected, or otherwise unintelligible or incompatible Submissions or for any problems, bugs or malfunctions You may encounter when uploading, sending or submitting Your Submissions. We do not guarantee that the Site will be available at any given time.

No Submission shall contain any trademark, logo or trade name, other than Requestor’s, as permitted in these Submission Guidelines. No Submission may depict any nudity, animal cruelty, harmful or illegal activity or substance, or offensive or obscene subject matter. No Submission shall portray GeniusRocket, Requestors, their services or products in a negative light.

All Submissions must be original works of authorship, created by You (the person or person(s) who submit(s) the Submission). You may not copy or otherwise plagiarize the Submission from any source, nor may the Submission include third party copyrighted material, such as text, music, photographs, or video or movie snippets which you do not have permission to use. By using the Site and uploading a Submission, You warrant and represent that, except for the materials provided to You by Requestor in the RFB, that you may incorporate into your Submission, You hold all rights to the Submissions. For any material You use in Your Submission that is not provided by the Requestor in the RFB, You agree to indemnify GeniusRocket and Requestor(s) against any and all claims of infringement or violation of any third party rights for any use of Your Submission.

Any actors, music, voice-overs, or images contained in any Submission must be properly licensed, and evidence of such may be requested by GeniusRocket and/or Requestor(s) at any time during or after the Submission Period. You may not use parties who are under any other contractual relationship that may prohibit them from participating fully in the RFB, or from allowing GeniusRocket and/or Requestor(s) to use the Submission worldwide in all media in perpetuity. You must secure, and GeniusRocket and/or Requestor(s) may request a copy of, a written release from any actors and/or any other participants to use their name and likeness under the terms and conditions of these Terms of Services. Failure to provide any requested documentation may result in forfeiture of selection by Requestor of your Submission, and any funds provided.

GeniusRocket and/or Requestors reserve the right to disqualify or reject Submissions if, in the sole discretion of GeniusRocket and/or Requestor(s), the Submission is false, is suspected of being false or constitutes infringement or a violation of any other third party right or a violation of any ordinance, regulation, or law.

GeniusRocket or Requestors reserve the right, in their sole discretion, to cancel, modify or suspend the RFB.

GeniusRocket or Requestors may prohibit You from participating in the RFB or being selected as the RFB designer if, in their sole discretion, they determine You are attempting to undermine the legitimate operation of the RFB in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players, GeniusRocket, Requestors or their representatives.

Use of Requestor’s Intellectual Property
To the extent a Requestor indicates in its RFB that any of the Requestor’s intellectual property (including, without limitation, a trademark, logo, or slogan) be incorporated into Submissions made in response to the RFB, You acknowledge and agree that your use of such intellectual property will be strictly limited to a non-transferable, non-exclusive license to use the relevant Requestor’s intellectual property solely for the limited purpose of creating a Submission for uploading via the Site in response to the relevant Requestor’s specific RFB. You agree to strictly comply with any limitations, usage policies or conditions, or any other instructions provided to you by a Requestor in its RFB related to its intellectual property. Subject to the limited license granted to You, each Requestor reserves any and all rights in such Requestor’s intellectual property provided to You via the RFB or otherwise directly provided to You for use in connection with an RFB Submission. The foregoing license terminates automatically and without notice upon Your uploading of Your Submission via the Site.

Selection of Submission and Notification
GeniusRocket and/or Requestor(s) will evaluate qualified Submissions and select, in their sole discretion, one or more Submission(s) that best responds to the RFB, using criteria relevant to the specific RFB. Requestors and/or GeniusRocket is not obligated to select any Submission for use.

If Your Submission is selected, You will be contacted using the information You provided when you registered with the Site and will be required to complete declarations of original work of authorship, and an assignment of copyright. You may also be required to complete additional releases and provide additional documentation as outlined herein, as necessary. You will be required to complete and return these documents within thirty (30) days of the date the notice was sent. In the event that you are unable or unwilling to provide such documentation, You may be disqualified and another Submission may be chosen from among Submissions, at GeniusRocket and/or Requestor(s)’s sole and absolute discretion.

Payment
If Your Submission is selected, You will receive the amount provided in the RFB Rules, in the form of a check made payable to You (according to your registration information) and mailed to the address You provided. Payment will be made in U.S. Dollars. If more than one Submission is selected, the registered users that are listed as authors in the Submission, and that otherwise qualify under these Submission Guidelines, will share payment. Taxes, if any, are Your sole responsibility, and You may be issued an IRS Form 1099 for amount paid for Your Submission.

Release
By submitting a Submission, You agree to release GeniusRocket, Requestor(s), including their parent, subsidiary and affiliated entities together with the respective directors, employees, officers, licensees, licensors and agents, and respective advertising and promotion entities and any person or entity associated with the RFB (collectively, the “Releasees”) from any and all liability, loss or damage arising from or in connection with your participation in the RFB and the receipt, posting and/or use or misuse of Your Submission.

License
Except as otherwise expressly provided for in an RFB Rules, if a Requestor selects Your Submission that was submitted in response to such RFB, such Requestor shall own all right, title and interest in and to such Submission, subject only to (a) the non-exclusive promotional and marketing licenses described below and (b) any existing licenses granted by You prior to the selection of your Submission by such Requestor and disclosed at the time you submit your Submission. YOU ACKNOWLEDGE AND AGREE THAT IF A REQUESTOR SELECTS YOUR SUBMISSION IN RESPONSE TO AN RFB, UPON SELECTION, YOU RELEASE YOUR OWNERSHIP OF ANY RIGHTS IN AND TO SUCH SUBMISSION AS SET FORTH IN THIS AGREEMENT. In that regard, if Your Submission to an RFB is selected, You will be required to irrevocably assign and transfer to the Requestor any and all rights, title and interest in the Submission, including, without limitation, all copyrights and trademarks, and to waive any and all moral rights in the Submission. To effectuate such full assignment and transfer of rights, and to validate and assure your rights in the Submission, You will be required to complete, sign and return such documents and agreements as GeniusRocket and/or any third party Requestor may request.

By uploading Submissions to the Site or using the Site to respond to RFBs, You agree to grant Us, our partners and affiliates, and any Requestor to which a Submission was made a non-exclusive, perpetual, royalty-free, irrevocable, transferable, and sub-licenseable license to use, copy, distribute, display, perform and make derivative works of or otherwise adapt Your Submissions through any media channel in any media format, in connection with the provision of Our products and services, including, without limitation, promotion and marketing of the Site and the content therein, through the Site and through the web sites and other media properties of such affiliates, partners and Requestors. You may not resell, assign or transfer any of Your rights in Your Submissions.