I represent, acknowledge and agree as follows, for valuable consideration which I acknowledge:
1. I represent that I am not an employee or officer of Indie Heaven or Covenant Eyes, Inc. I further represent that the song, whose title I have indicated below, (the Song) on the recording I am hereby submitting to Indie Heaven (the Recording) for the songwriting competition (the Competition) has been wholly written by me, and that I own all rights, title and interests, including copyright, throughout the universe and in perpetuity, to the Song and Recording. Accordingly, I represent that no consent by any third party is required to enter into this Release or grant any or all of the rights herein. I will indemnify and hold harmless Indie Heaven and Covenant Eyes, Inc. against any liability, damages and costs (including reasonable attorney's fees) based on any claim by a third party which contradicts any of my representations or agreements herein.
2. In the event that the Song is selected by the judges as one of the top 5 songs in the Competition: (a) I will complete the information in the blanks below, sign this Release, and send you the original of the signed Release; and (b) I hereby agree that Indie Heaven and Covenant Eyes, Inc. may (but will not be obligated to) transmit, distribute, promote and otherwise exploit, in whole or in part, the Song which has been selected (the Selected Song) and/or the Recording thereof in or in connection with the contest exclusively, in whole or in part, in any and all media (such as but not limited to the Internet) and devices, now or hereafter known or devised, throughout the universe and in perpetuity. Also, I agree that Covenant Eyes, Inc. may use my name and, subject to my prior, reasonable approval, my likeness and biographical information in connection with the foregoing. Notwithstanding the foregoing, if I am affiliated with any performing rights society (such as ASCAP, BMI or SESAC), as I have indicated below, I represent that the public performance rights in and to the Selected Song are available for licensing by such performing rights society. If Indie Heaven or Covenant Eyes, Inc. does not, however, have a blanket license arrangement with the applicable performing right society, I hereby grant the public performing rights in and to the Selected Song to Indie Heaven or Covenant Eyes, Inc., as applicable, on a gratis basis. I understand that if any Song is not selected by the judges as one of the top 5 songs in the Competition, all rights to the rejected Song and Recording thereof will automatically revert to me upon conclusion of the Competition.
3. I understand that if a Song is selected by the judges as one of the top 5 songs in the Competition, an appropriate award selected by Indie Heaven or Covenant Eyes, Inc. will be provided to me for such Song in accordance with the rules of the Competition. I acknowledge and agree that I will not be entitled to any additional consideration for the Selected Song or Recording thereof, or to any consideration whatsoever for a rejected Song or Recording thereof in the Competition.
4. I acknowledge and agree that any recording or other material submitted by me will not be returned to me, whether or not the Song is selected in the Competition. |