New York Mets Fan Art Fridays Terms and Conditions

These terms and conditions (hereafter, the "Agreement") shall set forth the understanding between the parties for the submission of artwork based on the New York Mets Intellectual Property (as defined below) in association with the Sterling Mets, L.P. ("SMLP") "Mets Fan Art Fridays Program." By (A) replying to the post or submitting your Licensed Materials (as defined in Section 3 below) via the applicable social channel and including the statement: "I certify that I have read and agree to the Program Terms and Conditions" in your reply or with your submission; and (B) (i) tagging @Mets, or (ii) using the hashtag #MetsFanArtFriday, you are agreeing to participate in the Mets Fan Art Fridays Program and to be bound by this Agreement. Note that you may not accept this Agreement if you are not of legal age to form a binding contract with SMLP.
The entry period (the "Entry Period") for the "Mets Fan Art Fridays Program" will begin on Friday, January 5, 2024 at 9:00 a.m. and will end on Monday, February 5, 2023 at 9:00 a.m. SMLP will not feature any submissions received following the end of the Entry Period on its social channels.
All title, ownership and intellectual property rights in and to all names, symbols, seals, emblems, logos, insignia, trademarks, trademark applications, trade names, service marks, trade styles, domain names, brands, copyrights, patents and other intellectual property rights (including, without limitation, all derivatives, associated designs, registrations or applications with respect to any of the foregoing) of the New York Mets belong to SMLP and MLB ("New York Mets Intellectual Property").
For the purposes of this Agreement, and in consideration of your agreement to abide by the terms and conditions contained herein, SMLP and MLB hereby grant you a limited, non-exclusive, world-wide, royalty free, license to use the New York Mets Intellectual Property to create drawings, illustrations, and/or graphic representations based on the New York Mets Intellectual Property for submission to the Mets Fan Art Fridays Program. In consideration of SMLP and MLB providing you the opportunity to participate in the Mets Fan Art Fridays Program, you hereby grant to SMLP and MLB a non-exclusive, worldwide, royalty free, perpetual license to exploit, commercially or otherwise, the drawing/illustration based upon New York Mets Intellectual Property that you submit to the Mets Fan Art Fridays Program ("Licensed Materials") for their business purposes in all media whether now or hereafter known or devised, in whole or in part, distorted in character or form, including but not limited to, the right to use or display the Licensed Materials on their websites and social media accounts, as well as for their internal, trade, and advertising purposes.
With respect to the Licensed Materials, you hereby represent and warrant that: (a) you are 18 years of age or older; (b) you have the right to provide SMLP and MLB the foregoing license to utilize the Licensed Materials without liability or compensation to others; and (c) the use, reproduction, distribution, or transmission of the Licensed Materials will not, and the Agreement does not, violate any foreign or domestic federal, state or local law, rule, or regulation, or any rights of any third party, including, but not limited to, any copyright, patent, trademark, trade secret, music, image, or other proprietary, property, or contractual right, or constitute false advertising, unfair competition, defamation, invasion of privacy or rights to celebrity, or any other right of any person or entity.
You irrevocably waive, to the extent permitted by applicable law, all rights of paternity, integrity, attribution, disclosure, withdrawal, and any other rights that may be known as "moral rights" ("Moral Rights") with respect to the Licensed Materials. To the extent this waiver is not permitted by applicable law, you hereby agree not to enforce such Moral Rights against SMLP, the MLB Entities (as defined below), and each of their permitted successors, licensees, and assigns.
You agree to defend, indemnify and hold SMLP and the other MLB Entities and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives, advertising and promotion agencies harmless from any claims, litigations, actions, damages or fees of any kind (including reasonable attorneys' fees) arising out of, in connection with, or resulting from: (i) a breach of your representations and warranties hereunder, or (ii) SMLP's, MLB's or your use or disclosure of subject matter which you know or reasonably should know others have rights in. "MLB Entities" means the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLB”), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs ("Clubs"), each of their parent, subsidiary, affiliated, and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees, and agents of the foregoing entities.
The sole consideration for the license granted under this Agreement by you to SMLP and MLB shall be the display of the Licensed Materials as set forth herein with a credit line that provides credit to you as the author/creator of the Licensed Materials. You understand and acknowledge that no consideration or prize will be awarded to those participants whose Licensed Material are displayed. SMLP shall have the right to determine, in its sole discretion, how and when to display the Licensed Materials, if at all. As such, if SMLP chooses to display the Licensed Materials, SMLP shall solely determine the length of time that the Licensed Materials would be displayed, and how. It is agreed by the parties hereto that display of the Licensed Materials as stated above is full and complete consideration for the grant of license contained herein. In the event that SMLP should fail to place the credit line in association with the Licensed Materials, SMLP will take reasonable steps to correct such error, but in no event will such failure be deemed a material breach hereunder.
The relationship between the parties hereto shall be that of a licensor and a licensee, and neither party shall represent itself as an agent, representative or partner of the other. SMLP may terminate this Agreement at any time in the event of your material breach of this Agreement. Additionally, there may be times when SMLP will need to terminate your right to use New York Mets Intellectual Property for business reasons, and in such a case, SMLP shall have the right to do so without notice or liability to you. This Agreement shall be governed by and construed in accordance with the laws of the State of New York and any dispute arising hereunder shall be brought exclusively in the federal or state courts in New York City, New York. You may not assign your rights under this Agreement without the express written consent of SMLP. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
By participating in the Program and submitting your Licensed Materials to SMLP in accordance with the instructions set forth in Section 1, you hereby acknowledge that you have read and understand the foregoing Agreement and agree to be bound by the terms and conditions of this Agreement. You also acknowledge and agree that this Agreement is the complete and exclusive statement of the agreement between SMLP and yourself and that the Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between SMLP and yourself related to the subject matter of this Agreement.