Terms & Conditions

USER GENERATED SUBMISSION LICENSE AGREEMENT

This agreement affects your legal rights and requires you to enter into a legal and binding agreement with Newell Rubbermaid, Inc. Please read this agreement very carefully and make sure you understand your rights and obligations before signing this agreement and submitting any materials to Newell Rubbermaid, Inc. By clicking on the “submit” box below you agree to be bound by these terms and conditions.

This User Generated Submission License Agreement (“Agreement”) is entered into between you and Newell Rubbermaid, Inc. concerning your submission(s) containing artwork, audio recordings, copy, ideas, images, music, photography, text, video recordings, written materials and/or other materials (“Submission”) for Newell Rubbermaid, Inc.’s consideration and possible use in connection with one or more of Newell Rubbermaid, Inc.’s (which for purposes of this Agreement includes all entities affiliated with Newell Rubbermaid, Inc.) websites. For good and valuable consideration, the receipt of which you hereby acknowledge, you agree to the following:

  1. You hereby grant Newell Rubbermaid, Inc. the following rights:
    1. An irrevocable, non-exclusive, royalty-free perpetual license to use and exploit the Submission, including, without limitation, the title(s) and each and every element of the Submission, in whole or in part, in any and all manner and media throughout the world; and
    2. The right to use your name, voice, image, likeness and biographical data in connection with both the Submission and the Promotion, including, without limitation, in credits, advertising, publicity, promotional and marketing materials.
  2. You hereby acknowledge and agree that:
    1. Newell Rubbermaid, Inc. shall have the right to crop, edit, alter or arrange the Submission in any way it desires in Newell Rubbermaid, Inc.’s sole discretion;
    2. Newell Rubbermaid, Inc. shall not have any obligation to provide you with any credit when using your Submission, but in the event Newell Rubbermaid, Inc. chooses to provide you with credit the size and placement of the credit shall be at Newell Rubbermaid, Inc.’s sole discretion;
    3. No confidential or fiduciary relationship exists between you and Newell Rubbermaid, Inc., and that no such relationships have been established by reasons of this Agreement or by reason of my submission to Newell Rubbermaid, Inc.
    4. You shall waive any “droit moral” or “moral rights” that you may have in the Submission;
    5. You will not issue any publicity concerning Newell Rubbermaid, Inc. and/or the Promotion;
    6. You are not entitled to any compensation or other payment from Newell Rubbermaid, Inc. in connection with the Submission; and
    7. Newell Rubbermaid, Inc. has not made any promises or representations to you in order to induce you to provide the Submission.
  3. You represent and warrant that:
    1. You have the full power and authority to enter into this Agreement, to grant the rights herein and to perform all of your obligations set forth in this Agreement;
    2. You are the author of the Submission and that each and every element of the Submission is an original work created by you;
    3. You are the sole and exclusive owner of the Submission and all of the trademark and copyrights therein;
    4. No third party is entitled to any compensation or payment as a condition for Newell Rubbermaid, Inc.’s use and exploitation of the Submission; and
    5. The Submission, and each and every element therein, does not (i) infringe upon the copyright, trademark or other intellectual property right of any third party, (ii) violate the privacy or publicity rights of any third party, and (iii) contain any libelous or slanderous material or defame any third party;
    6. The Submission does not contain any (i) pornography or sexually explicit content, (ii) criminal or illegal acts, and (iii) violent or dangerous acts.
  4. You agree to defend, indemnify, and hold harmless Newell Rubbermaid, Inc. and DraftFCB, their parents, officers, directors, employees, consultants, licensees, agents, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorneys' fees) resulting from claims made against Newell Rubbermaid, Inc. or DraftFCB by third parties arising from any breach, or alleged breach, of your representations, warranties or obligations hereunder.
  5. You shall not sue, and you irrevocably, unconditionally and entirely release, waive and forever discharge Newell Rubbermaid, Inc. and DraftFCB, their parents, subsidiaries, affiliates, directors, officers, employees, agents, representatives, successors and assigns, jointly and individually (hereinafter collectively referred to as “Releasees”), from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Releasees with respect to Newell Rubbermaid, Inc.’s use of the Submission, the Promotion and/or your decision to provide Newell Rubbermaid, Inc. with your Submission. Without limiting the generality of the foregoing, you specifically acknowledge that you shall not be entitled to equitable or injunctive relief, which you knowingly and voluntarily waive and you shall not prevent or inhibit the exhibition, distribution, broadcast or other use or exploitation of the Submission and/or the Promotion.
  6. You acknowledge that the Submission may contain concepts, ideas, materials, proposals, suggestions and the like relating to the Promotion and/or other Newell Rubbermaid, Inc. initiatives (the “Material”). With respect to the Material you acknowledge that:
    1. Newell Rubbermaid, Inc. receives numerous submissions from many parties and/or may have independently developed and/or considered similar Material and that Newell Rubbermaid, Inc.’s review of the Material is not an admission of novelty, priority or originality;
    2. Newell Rubbermaid, Inc.’s use of any similar Material whether based on your Submission, provided to Newell Rubbermaid, Inc. by third parties, or independently developed or considered by Newell Rubbermaid, Inc., shall be without obligation to you.
  7. You understand that Newell Rubbermaid, Inc. will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this Agreement and may incur substantial expense in reliance upon these grants of rights, representations, warranties and indemnities should Newell Rubbermaid, Inc. use your Submission.
  8. You hereby acknowledge that you have kept a copy of the Submission for your own use and that Newell Rubbermaid, Inc. will not return the Submission provided by you. Newell Rubbermaid, Inc. shall have the right to retain or destroy the Submission at its sole discretion, and you hereby release Newell Rubbermaid, Inc. from any claims related thereto.
  9. Newell Rubbermaid, Inc. shall be entitled to assign or sublicense all or a portion of the rights and licenses granted herein and/or this Agreement in its entirety, without payment to you. You shall not have the right to assign this Agreement or any of your obligations herein and any such assignment is voidable by Newell Rubbermaid, Inc. in its sole discretion. This Agreement is binding upon and shall inure to the benefit of the respective licensees, successors, heirs and permitted assigns of the parties hereto.
  10. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach.
  11. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect.
  12. This Agreement has been entered into in the state of Illinois and the validity, interpretation and legal effect of this Agreement shall be governed by the laws of Illinois, without giving effect to its conflicts of laws principles. You consent to the exclusive jurisdiction of the federal and/or state courts of such state in regard to any dispute arising out of this Agreement.
  13. This Agreement, together with the Terms of Use located at www.sharpie.com sets forth the entire understanding between Newell Rubbermaid, Inc. and me with respect to the subject matter of this Agreement.

You hereby acknowledge that you have carefully read the foregoing terms and conditions and agree to enter into this agreement.