Terms and Conditions

By submitting your design for a simulated golf hole ("Hole") to be placed in Incredible Technologies, Inc. ("IT") golf simulation products ("GT,") you agree to the following Terms and Conditions of entry into the "Design a Hole" Contest:

1. There is no fee to enter. Entry is open to all individuals 18 and older who wish to submit Holes for consideration ("Entrants.")
2. Only complete submissions will be considered by IT. A complete submission must include at least one complete Hole and all of the contact information requested in the submission form
3. Entrants represent and warrant that their submitted Holes are their own original creation and do not infringe the copyright or other intellectual property right of any third party. They promise to assist IT in the event that a third party alleges that their rights are violated by any use of a Hole, and to completely indemnify IT in the event that IT incurs expenses in defending itself from such an allegation and/or is found liable for any use of a Hole.
4. IT reserves the right to request that Entrants submit additional Holes, and if Entrants are unable to do so, IT reserves the right to remove their Holes from consideration or use in the Contest or IT products.
5. Entrants give IT an exclusive perpetual paid-up license under copyright, moral right, or any other applicable intellectual property right now in existence or later created, to use any Hole submitted anywhere throughout the world, including derivative or parent works and mechanical rights, for any reason, in exchange for good and valuable consideration as set forth herein, including but not limited to the rights set forth in Paragraph 13. Entrants explicitly give IT the right to make whatever modifications are necessary, at the sole discretion of IT, to enable any given Hole to function properly and/or be in compliance with IT's judgment as to the best implementation of that Hole for purposes of game play. Such modifications, to the extent that they form separately copyrightable or otherwise protectable works, shall be the sole property of IT.
6. Entrants agree that under no circumstances shall IT be liable for the payment of royalties, licensing fees, or any form of compensation not set forth herein to Entrants for the inclusion of Holes in GT or other use of submitted Holes. If the law of any particular jurisdiction requires that specific terms or consideration attach to the license of any applicable intellectual property rights, Entrants agree to accept from IT the minimum necessary consideration to perfect such license of rights in exchange for such license.
7. Entrants accept and stipulate that IT has no obligation to use, include, or promote any particular Hole.
8. Entrants accept and stipulate that IT has no obligation to notify Entrants of the results of the "Design A Hole" contest or to provide any specific notice that any particular Hole will or will not be used in any IT product or promotional effort.
9. Entrants agree that IT shall have the right to use their names, images, performances, and all other information related to their likenesses in association with the production, distribution, sales, marketing, and play of its products. If the law of any particular jurisdiction requires that specific terms or consideration attach to the release of likeness rights, Entrants agree to accept from IT the minimum necessary consideration to perfect such release of rights in exchange for such release.
10. Entrants understand, agree and stipulate that IT produces its own Holes, and that IT or other Entrants may produce or submit Holes which bear some degree of resemblance to Holes submitted by Entrants. Entrants agree to waive enforcement of any and all copyrights or other rights based on the submitted Holes’ similarity to Holes produced or submitted by IT or other Entrants.
11. IT shall have the right to post Holes, or selections thereof, on its website or otherwise use them for promotional purposes. IT agrees to include reasonable intellectual property notices in association with such uses, but IT shall have no liability to Entrants or any third party for the unauthorized download, republication, copying, redistribution or other use of Holes by third parties.
12. Entrants agree and stipulate that consideration by IT for inclusion of submitted Holes in its products, and/or presentation of submitted Holes by IT to the public pursuant to the contest, and/or use of submitted Holes by IT in its products, are in and of themselves valuable consideration and shall form any and all required compensation to bind Entrants to the terms and conditions herein.
13. IT agrees that if submitted Holes are used in its products and/or marketing for its products, it will provide reasonable identification and contact information, including but not limited to declared names of Entrants, and such contact information as they provide and IT deems reasonable to present, in association with such use. Any Hole which is incorporated into a GT product will bear a reasonable marker featuring the Entrant’s name or reasonable pseudonym and such other information as the Entrant and IT agree shall be placed thereon.

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