Artist Collaboration - Terms of Conditions

Intent of Use

ZZZ's Collective, LLC wants to promote you and your creative work as much as possible throughout this collaboration. You own all rights to your work. We are looking for you to grant us the right to feature your artwork on our rolling paper booklets and to also promote you as an artist. Any artist selected to be in our featured collection of booklets will have the option to be compensated as described in the Terms and Conditions. The intent of this collaboration is to make something really cool and to build community through artwork.

How do we intend to use your work?

If selected, your artwork will be printed on our rolling paper booklets, rolling trays, prints, as well as all other  promotional materials and merchandise of  ZZZ's Collective, LLC while supplies last. 

TERMS AND CONDITIONS

ZZZ's Collective, LLC, a Massachusetts limited liability company (“ZZZ”) is inviting you (the “Entrant”) to submit a digital copy of an original art piece ("Artwork") for the potential use by ZZZ on the packaging  its rolling papers booklets, rolling trays, prints, as well as all other promotional materials and//or merchandise of ZZZ (collectively referred to as the “ZZZ Products”) No Entrant will be permitted to participate in the submission process without proof of Entrant’s agreement to the Terms and Conditions as set forth herein.  

ZZZ reserves the right to change these Terms and Conditions at any time. The Entrant hereby agrees to be bound by any such changes. 

These Terms and Conditions were last updated: January 2024. 

1. Age Restriction: Each person who submits artwork (“Entrant”) must be of legal age to purchase and use rolling papers (often defined as a “tobacco related product”) both in the United States and in any international province, or country that the Entrant currently resides in at the time of Entrant’s Artwork submission to ZZZ. Entrants residing in the following U.S. states are prohibited from submitting Artwork to ZZZ: Massachusetts, Michigan, and Virginia. 

1. Submissions: Submissions will only be accepted if they conform to the following standards: 3654 x 1800 px in jpg, eps, png and in CMYK color format and each must be at least 300 ppi.

1. End Use: By submitting Artwork, Entrants acknowledge and agree that ZZZ may or may not, in its sole discretion, use such Artwork for the purpose of, but not limited to: (i) ZZZ Products; (ii) on the ZZZ’s website (zzzsrpc.com), Instagram, Facebook, or Twitter/X pages;  or (iii) other of ZZZ’s promotional items (collectively, (i), (ii), and (iii) are referred to as the “End Use”). The End Use shall be determined by ZZZ for the purpose of promotion, distribution, and sale of the ZZZ Products. ZZZ has no obligation to use any Artwork for any End Use. 

1. Duration of Use: To promote and commemorate each  design for the ZZZ Products, ZZZ intends to feature Entrant and Entrant’s Artwork on the ZZZ’s website and in promotional materials as part of the End Use, prior, during, and post-production of the rolling paper booklets, other smoking accessories, and any other promotional materials of ZZZ. ZZZ will include a bio of the Entrant and the Entrant’s Artwork on the ZZZ’s website.

1. Compensation: Entrants whose Artwork is selected for any End Use (“Chosen Artwork”) will be compensated as follows: ten percent (10%) commission based on sales of the Chosen Artwork purchased off of the ZZZ’s website, and the following tiered commissions for the Chosen Artwork’s purchased from ZZZ’s retail sales: 

The Entrant acknowledges that, other than the terms of compensation described in this Section 5, Entrant is entitled to no additional compensation, including any derivative works of Entrant’s Chosen Artwork selected for End Use. 

ZZZ will not sell Entrant’s Artwork or Chosen Artwork to any third-party without the express written consent from the Entrant.

If ZZZ decides to license Entrant’s Artwork or Chosen Artwork to any third-party, ZZZ agrees to pay the Entrant a 5% commission for the term of any such license for a maximum of ten (10) years.  

1. Artwork Eligibility: Artwork must be a single work of original art derived from an original concept created by the Entrant. The Artwork can be an already-existing piece of work and ZZZ does not require that Entrant create anything new to submit to ZZZ. The submitted Artwork must not contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content, as determined by ZZZ. In its sole and unfettered discretion. ZZZ reserves the right to examine the original Artwork and related source material to ensure Entrant’s Artwork is in compliance with these Terms and Conditions.

1. License: By submitting Artwork, Entrant grants to ZZZ a limited, perpetual license to the Artwork, including, without limitation the right to publish, use, copy, produce, reproduce, alter, distribute, prepare derivative works of, display, publicly and otherwise exploit for profit, the Artwork and the Entrant’s name and location of residence, on all End Uses and in all media and formats, whether now known or unknown and later developed, in any material form. ZZZ reserves the right to use, reproduce, alter, and profit from all Artwork in any of its ZZZ Products and promotional items. . For the sake of clarity, this license is only granted in connection with the End Use as described in these Terms and Conditions. Entrant is prohibited from selling, assigning, licensing or in anyway transferring any of the Artwork to any competitor of ZZZ in perpetuity, and to any non-competitor of ZZZ for 12 months from the date Entrant agrees to these Terms and Conditions.  

1. Non-Interference: Entrant shall, in perpetuity, not directly or indirectly interfere with, or object to, the publication, use, copying, production, reproduction, alteration, distribution, preparation of derivative works of or display of the Artwork, in any form, by ZZZ or any of ZZZ’s licensees, affiliates or assignees. 

1. Media: By submitting Artwork, Entrant consents and grants to ZZZ a non-exclusive right to reproduce and use the Entrant’s name, likeness, location of residence and Artwork in any publicity carried out by ZZZ in any way it chooses for any purpose in connection with any End Use;  or other promotional efforts by ZZZ or its related brands, at any time or in any media format. 

1. Representations, Warranties and Covenants: As a condition of entry, and by submitting Artwork, each Entrant covenants, represents, and warrants to ZZZ the following: 

1. Entrant’s Artwork is an original work created solely by the Entrant;

1. Entrant has good and marketable title to the Artwork, free and clear of all lien and encumbrances of any kind whatsoever;

1. Entrant has obtained all necessary consents and approvals to grant ZZZ the rights as described in these Terms and Conditions and will provide proof of any such consents and approvals to ZZZ upon request;

1. No third-party has any right, title, claim, or interest of ownership in or to the Artwork that could restrict Entrant’s capacity to grant the rights as described in these Terms and Conditions;

1. ZZZ's display, distribution, publication of the Artwork on the ZZZ Products on any media, including in accordance with any End Use, does not induce or result in the infringement, misappropriation or violation of the rights of any third-party, including, without limitation, privacy rights, publicity rights, proprietary rights, copyrights, trademarks and/or other intellectual property rights;

1. The Artwork has not been previously published, showcased, or displayed in any promotional campaign or otherwise in connection with any other rolling paper brand, supplier, or retailer; 

1. The Artwork has not been incorporated or included in any other contract, agreement, or commission with any gallery, studio, institution, person, or other third-party by the Entrant that would in any way restrict the Entrant’s ability to enter into these Terms and Conditions and license the Artwork under Section 6 hereof; and 

1. Entrant shall notify ZZZ's in a timely manner of any claim or claims of which Entrant becomes aware that may restrict or prevent Entrant’s capacity to agree to these Terms and Conditions.

1. Indemnification: By submitting the Artwork, each Entrant agrees that it relinquishes its right, in perpetuity, to assert any claim against ZZZ and its indemnified parties (as hereinafter defined) with respect to ZZZ's use of the Artwork. Entrant agrees, to the fullest extent permitted by law, to release, indemnify and hold ZZZ and its respective officers, directors, trustees, employees, partners, members, managers, agents, affiliates, representatives, guarantors, subsidiaries, predecessors, assigns, successors and heirs (collectively, the “ZZZ's Indemnified Parties”) harmless from any and all loss, damage, right, claim, action, expense, cost (including reasonable attorneys’ fees) and liability (including settlements) of any kind brought or asserted by any third party against any of the ZZZ's Indemnified Parties due to or arising out of: Entrant’s breach or alleged breach of these Terms and Conditions; breach or alleged breach of any third-party right, including any claims based on trademark, copyright or other violations of intellectual property rights; the right of publicity, the invasion of privacy, disparagement, misappropriation of likeness, or defamation; or Entrant’s conduct resulting in personal injury, death, or property damage. The Entrant agrees to cooperate with ZZZ in the defense of any such claim or claims and to assert a proper defense of such claim. ZZZ's Indemnified Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by any Entrant. Entrant will not under any circumstance settle any claim or claims without the prior written consent of ZZZ or its legal counsel.

1. Limitation of Liability: TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL ZZZ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR ENTRANT’S LOST PROFITS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN TORT, BREACH OF CONTRACT, TORT, WARRANTY, OR STRICT LIABILITY OR ANY OTHER THEORY OF LAW THAT MAY BE BROUGHT HEREUNDER.  

1. Assignment: Entrant shall assign the rights and obligations under these Term and Conditions without first having obtained the prior written consent of ZZZ. ZZZ shall be entitled to assign any of the rights or obligations under these Terms and Conditions by delivery of written notice to Entrant. Subject to any restrictions contained herein, this Agreement shall inure to the benefit of,  and be binding upon, the Entrant and ZZZ’s and their respective successors, heirs, or permitted assigns. 

1. Waiver: The failure of ZZZ to enforce any provision of these Terms and Conditions, for whatever reason, shall not be construed as a waiver of any right to do so at any time. The Entrant agrees that if any portion of these forms and Conditions is held invalid or unenforceable, the remaining portions will remain in full force and effect. 

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts. The Parties consent to the jurisdiction of any state or federal court located within  Middlesex County and agree that all actions or proceedings arising from or relating to this Agreement shall be litigated in such courts.  The Parties accept, generally and unconditionally, the jurisdiction and venue of the aforesaid courts in connection with any matter related to or arising out of this Agreement and waive any defenses based on lack of personal jurisdiction or under the doctrine of forum non conveniens.