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Budding Fiction Contest
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By submitting a contest application form and sending the submission entry, the contestant enters into a legally binding agreement with Publio magazine, according to the following conditions:
If Publio magazine agrees to publish or rejects a submission, no fees or kill-fees will be paid by Publio magazine to the contestant.
Publio magazine has the right to edit and adapt the finalist submission for all of the uses described below. Publio magazine agrees not to publish the edited submission without giving the contestant the opportunity to review the edited submission.
By entering the contest and submitting a piece and if the contestant is selected among the finalists, the finalist contestant grants Publio magazine the following irrevocable rights in the submission:
(a) First North American and World periodical rights on an exclusive basis;
(b) the non-exclusive right to reprint and generally reuse the submission in subsequent issues of Publio magazine and website;
(c) the non-exclusive right to include the submission in one or more anthologies; and
(d) the non-exclusive right to use the submission as well as the contestant's name and biographical data in advertising and promotion of products and services where the submission is used.
All of these rights may be exploited throughout the world by Publio magazine. The contestant agrees not to exploit any of the contestant's reserved rights in the submission after entering the contest and prior to first publication of the submission in Publio. It is expressly understood and agreed that Publio magazine shall not be obligated to publish or continue publication of the submission, whether the submission is a finalist or not. If Publio magazine notifies the finalist contestant in writing that the edited submission has been rejected, all rights to the submission shall revert to the contestant. All rights to the submission of non-finalists shall automatically revert to the respective non-finalist contestants.
The finalist contestant agrees that for a period of SIX MONTHS FROM THE DATE OF FIRST PUBLICATION of the submission, the finalist contestant will not, without written permission of Publio magazine, publish or permit to be published the submission or any other editions, condensations, updates or revisions of the submission in any publication or forum.
Upon the expiration of the aforementioned six month period, the contestant may use electronically or in-print the submission provided, however, that proper credit is given to Publio magazine, including Publio magazine's copyright notice, together with the name and edition of Publio Magazine.
Publio magazine will have the right to publish the finalist submissions in style suitable as to paper, printing, binding or electronically; to fix or alter the title; and to use all customary means to market the finalist submission. Publio magazine may illustrate the finalist submission with photographs, artwork, and/or illustrations.
The contestant warrants that the submission is an original work and that the contestant is the sole owner of the submitted piece and has full power and authority to copyright it and to enter into agreement with Publio magazine; and that the submission does not infringe any statutory or common law copyright, violate any property rights, invade any right of privacy, or contain any scandalous, libelous, or unlawful matter.
The contestant warrants that the contestant has the right to assign the copyright to Publio magazine and that no portion of the submission has been previously assigned. The contestant further warrants that the submission has not been published elsewhere, in whole or in part, and that no agreement to publish is outstanding. The contestant will defend, indemnify and hold harmless Publio magazine against all claims, suits, costs, damages and expenses (including reasonable attorneys' fees) that Publio magazine may sustain by reason of any claim based on any scandalous, libelous, or unlawful matter contained or alleged to be contained in the submitted piece, or any infringement or violation by the submitted piece of any copyright or other property right. The contestant also confirms that the contestant is an independent contractor dealing with Publio magazine at arm's length, and no employer-employee or other relationship exists between both the contestant and Publio magazine.
The rules above constitute an agreement between the contestant and Publio magazine, and the said agreement shall be governed by the laws of the state of Massachusetts in the United States.
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