GRANT OF RIGHTS AND RELEASE OF POTENTIAL LIABILITY
Upon submission of Eligible Participant’s entry form, in consideration for the opportunity to participate in the Maine State Flag Redesign competition, each Eligible Participant understands and agrees that upon submission to the Commission all entries and submissions shall become the sole property of the State of Maine and will not be returned to the participant. The Eligible Participant will not be compensated or rewarded for any entry or submission, whether or not it is selected. The Eligible Participant grants the State of Maine the right in perpetuity to use, reproduce, or publish any entry or submission, and waives any right to seek compensation based on future use of the entry or submission by the State of Maine. The Eligible Participant understands that their complete submission will become a public record subject to public inspection and copying under the Freedom of Access Act, 1 M.R.S.A. § 400 et seq. The Eligible Participant further understands and agrees that the winning submission may be modified by the Secretary of State in her discretion.
By entering the Submission, each Eligible Participant affirms that the design is an original work designed by the Eligible Participant (or their child/children/ward); has not been copied from others or from previous designs, including their own; was not created via Artificial Intelligence; and does not violate the intellectual property rights of any other person or entity.
Each Eligible Participant understands that any plagiarized works will be disqualified. Each Eligible Participant agrees that the name of the winning participant will be announced to the public.
Each Eligible Participant understands and agrees that selection of finalists and the determination of the final design is in the sole discretion of the Secretary of State and any persons to whom she may delegate such authority. By participating in the contest, each Eligible Participant waives any right to administrative or judicial review of any determinations made by the Secretary of State or her designees relating to the contest. Each Eligible Participant further fully and forever releases, discharges, acquits and exonerates the State of Maine, the Department of Secretary of State, and all of their officers, directors, employees, agents, volunteers, affiliates and all others acting on their behalves (collectively, “the State”) as the context permits, from any and all claims, actions, causes of action, remedies and complaints of any kind which the Eligible Participant has or may in the future have, whether known or unknown, arising out of or relating to any injuries, losses, or damages of any kind arising from the Eligible Participant’s participation in the contest or the State’s use of the Eligible Participant’s (or the child/children’s or ward’s) entry or submission by the State.
The Eligible Participant whose submission is selected will be required to execute documents to ensure transfer of ownership and any copyright in the submission to the State of Maine, and to release the State from any potential liability. The Eligible Participant will retain a non-exclusive right to use and publish the submission for purposes consistent with state law. Failure to execute such documents as the State of Maine may deem necessary for the purposes set forth in this paragraph will result in disqualification of the submission.