Terms and Conditions

Official Rules

Please read these Official Rules before entering The Literary Blockbuster Challenge. Entrants are referred to in these rules as "you." The "Sponsor" of The Literary Blockbuster Challenge is Inkubate, LLC. By submitting an Entry to The Literary Blockbuster Challenge, you acknowledge that you are eligible to enter The Literary Blockbuster Challenge and have read and agree to be bound by these Official Rules and our and the judges' decisions.

1. Eligibility Requirements. You are eligible to enter The Literary Blockbuster Challenge if you are at least 18 years old at time of entry. You must be of legal majority in the jurisdiction in which you reside and all submissions must be in the English language.

You are not eligible to enter The Literary Blockbuster Challenge if you are an employee or independent contractor of Inkubate; a family member (e.g. spouse, domestic partner, parent, grandparent, sibling, child, or grandchild) of or a person living in the same household as an employee or independent contractor of Inkubate; or a judge (first level or finalist) involved in The Literary Blockbuster Challenge.

2. Registration Process. Entrants register by completing a profile on the Inkubate website and submitting at least one literary work (the "Entry") to Inkubate. Entries must be uploaded to the Inkubate website and tagged for The Literary Blockbuster Challenge by March 31, 2013 at 11:59 p.m. (U.S. Eastern Standard Time). You may submit up to three (3) Entries to The Literary Blockbuster Challenge. (You may upload additional works to the Inkubate website for review by agents and publishers separate and apart from The Literary Blockbuster Challenge, but only novels are eligible for The Literary Blockbuster Challenge.) This is the only method by which you may register and submit Entries to The Literary Blockbuster Challenge. Any submission received in any other form or manner will not be acknowledged, will not be deemed an Entry, and will not be returned.

3. Entry Requirements. You must be the only author of your Entry and your Entry must be a complete novel. Your Entry must: (a) be your original creation; (b) be fictional; (c) be submitted in the English language; and (d) meet the content guidelines found at http://www.inkubate.com/Home/TermsOfUse (which are incorporated in to these Official Rules by this reference). Inkubate will determine, in its sole discretion, whether Entries meet these requirements. Inkubate reserves the right, in its sole discretion, to disqualify your Entry from the Contest if the Entry gives rise to civil liability; violates the Inkubate website Terms of Use, guidelines or any policy posted on the website; or does not otherwise comply with these Official Rules. If your Entry is disqualified for any reason, you will not receive a notice or explanation describing the reason for the disqualification.

4. Entrant Representations and Warranties. By submitting your work to The Literary Blockbuster Challenge you represent and warrant that your Entry is original with you and does not infringe on the intellectual property rights of any third party. You further represent that your Entry is not defamatory, libelous, or otherwise illegal; is your sole and exclusive property; and that you have complete, worldwide distribution rights in and to your Entry. You acknowledge and understand that the material you are submitting may be similar to, or competitive with material that has or may come to Inkubate from other sources. You understand and agree that you shall not be entitled to any compensation because of any use of such other similar material and release Inkubate and all its employees, agents, judges, readers, assigns and principals from any such claims you may have including, but not limited to, copyright and breach of confidentiality.

5. Grant of Rights. You retain ownership of all rights to your submitted Entry at all times. By submitting an Entry, though, you grant Inkubate a non- exclusive, royalty-free, license to use, reproduce, distribute, and display the Manuscript for purposes related to the Literary Blockbuster Challenge. This license is necessary so Inkubate may share your Entry with Inkubate's employees, agents, judges, and readers affiliated with the Literary Blockbuster Challenge. Your Entry will not be displayed publicly. If you are selected as a potential Finalist, you also grant Inkubate permission to use, without charge, limited portions of your Entry along with your name, for any purpose in connection with The Literary Blockbuster Challenge until March 31, 2014.

6. Duty to Notify. If an Entry becomes the subject of a publishing agreement after submission to and before the conclusion of The Literary Blockbuster Challenge on July 31, 2013, you agree to notify the other parties to the publishing agreement that the Entry has been submitted to The Literary Blockbuster Challenge. Notification is necessary to ensure Inkubate's continued right to use the manuscript in the manner described in Paragraph 5 above.

7. Collection/Use of Personal Information. Inkubate requests personal information from Entrants in order to process Entries. By entering The Literary Blockbuster Challenge, you agree that Inkubate may share your information, in its sole discretion, with third parties that have a need to know the information, such as the judging panel or third parties retained by Inkubate to assist in administering The Literary Blockbuster Challenge; however, those third parties may only use the information for purposes related to The Literary Blockbuster Challenge.

8. Judging Process. The submission period for The Literary Blockbuster Challenge begins June 15, 2012 at 12:01 a.m. (U.S. Eastern Standard Time) and ends March 31, 2013 at 11:59 p.m. (U.S. Eastern Standard Time). A "Long List" of up to 35 finalists will be selected by a preliminary jury of professionals from the academic and/or publishing industries and announced by Inkubate on or about May 31, 2013. The Entries comprising the "Long List" will then be submitted to a panel of five (5) judges. Winners will be announced by Inkubate on or about July 31, 2013.

9. Prizes. The following prizes will be available to be awarded:

A. First Prize. One First Prize will be awarded. First Prize will consist of a $5,000.00 USD cash award and a manuscript review by a professional agent or mainstream publishing company.
B. Second Prize. One Second Prize will be awarded. Second Prize will consist of a $2,500.00 USD cash award and a manuscript review by a professional agent or mainstream publishing company.
C. Third Prize. One Third Prize will be awarded. Third Prize will consist of a $1,000.00 USD cash award and a manuscript review by a professional agent or mainstream publishing company.
D. Honorable Mention. Seven (7) Honorable Mention Prizes will be awarded. An Honorable Mention Prize will consist of a $250.00 USD cash award and a manuscript review by a professional agent or mainstream publishing company.
E. Taxes. ALL TAXES ASSOCIATED WITH ANY PRIZE ACCEPTANCE AND USE ARE YOUR SOLE RESPONSIBILITY. IF TAXES ARE APPLICABLE TO THE PRIZE(S), IT IS YOUR RESPONSIBILITY TO PAY SUCH TAXES TO THE APPROPRIATE AUTHORITIES. PAYMENTS TO YOU ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT YOU SUBMIT ALL DOCUMENTATION REQUESTED BY INKUBATE TO PERMIT COMPLIANCE WITH ALL APPLICABLE STATE, FEDERAL, LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. You are responsible for ensuring that the tax documentation submitted to Inkubate is complete, accurate, and complies with all applicable tax laws and requirements. If you fail to provide the documentation or submit incomplete documentation, the prize may be forfeited and Inkubate may, in its sole discretion, select an alternate prize winner. You may not substitute, transfer or redeem the non-monetary portion of your prize (e.g. the review of your Entry by a professional agent or mainstream publishing company) for cash. Inkubate reserves the right to substitute a prize (or portion of a prize) with anything of comparable or greater value. All prizes are awarded “as is” and without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.

10. Finalist Notification and Requirements. If you are selected as a potential Finalist, Inkubate will notify you by email on or about May 31, 2013. You will be required to sign and return an Affidavit of Eligibility and a Liability/Publicity Release & Nondisclosure Agreement (“Affidavit and Release”) by June 7, 2013. If you do not return the required documents to Inkubate by the specified dates, you may be disqualified from The Literary Blockbuster Challenge.

Inkubate will notify prize winners of all prizes by email on or about July 31, 2013. Prior to awarding a prize, you may be required to sign additional documents if such additional documents are necessary to confirm your eligibility, to obtain a liability and publicity release, and to award any prize. If you do not return such additional documents to Inkubate, your prize will be forfeited.

It is your responsibility to maintain a valid, working email address. Inkubate and The Literary Blockbuster Challenge are not responsible for consequences or loss associated with the failure of your email address or email provider.

11. Additional Terms.

A. Copyright and Control. The Literary Blockbuster Challenge and all accompanying materials are copyright 2012 by Inkubate, LLC. All rights reserved. The Contest is void where prohibited by law. You agree that Inkubate's decisions related to The Literary Blockbuster Challenge are final and binding in all matters.
B. Modifications. Inkubate reserves the right, in its sole discretion, to change these rules or cancel The Literary Blockbuster Challenge at any time. Inkubate may also modify, terminate or suspend The Literary Blockbuster Challenge if any viruses; computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; unauthorized human intervention; or other causes beyond our control corrupt or impair the administration, security, or fairness of The Literary Blockbuster Challenge or submission of Entries.
C. Use of Another's Name or Likeness. If you use the name or likeness of an individual in your Entry, you agree to be solely responsible for that use. You agree that Inkubate, LLC and all its employees, agents, judges, readers, assigns and principals (collectively, “Released Parties”), will not be responsible for any action brought by a person whose consent you did not obtain.
D. Release of Liability. The Released Parties are not responsible for: any human or other error that may occur in the processing of the Entries; any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction, or unauthorized access to or alteration of Entries; or any technical, network, telephone, computer, hardware or software, malfunctions of any kind, that may occur in connection with The Literary Blockbuster Challenge, including, without limitation, any errors or problems related to the administration of The Literary Blockbuster Challenge, the processing or judging of Entries, the announcement of the prizes, or the materials related to The Literary Blockbuster Challenge.
Released Parties are also not responsible for: inaccurate transmission of, or failure to receive, any Entry information on account of technical problems or traffic congestion on the Internet or at any Web site; or injury or damage to your or any other computer resulting from downloading any materials in connection with The Literary Blockbuster Challenge.
E. Tampering; Disruptive Behavior. Inkubate reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the Entry process, the outcome of The Literary Blockbuster Challenge, or the operation of the Literary Blockbuster Challenge or the Inkubate website; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person and void all associated Entries. ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE LITERARY BLOCKBUSTER CHALLENGE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND IF SUCH AN ATTEMPT IS MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER RELIEF (INCLUDING ATTORNEY FEES) FROM THE PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Limitations of Liability. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR THE UNAUTHORIZED USE OF ANY ENTRY (OR ANY PORTION OF ANY ENTRY) BY ANY THIRD PARTY. YOU AGREE (FOR YOURSELF AND YOUR HEIRS) THAT THE RELEASED PARTIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARE NOT RESPONSIBLE FOR ANY LIABILITY, LOSS, INJURY, OR DAMAGE TO PROPERTY OR TO PERSON. YOU ALSO AGREE THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY REASONABLE ATTORNEY FEES AND COURT COSTS DIRECTLY OR INDIRECTLY RELATED TO YOUR PARTICIPATION IN THE LITERARY BLOCKBUSTER CHALLENGE, OR BY REASON OF YOUR ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES (INCLUDING ANY TRAVEL OR ACTIVITY RELATED TO A PRIZE). NOTHING IN THESE OFFICIAL RULES WILL LIMIT ANY RELEASED PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THAT PARTY'S NEGLIGENCE, A BREACH OF THESE OFFICIAL RULES, OR FRAUDULENT MISREPRESENTATION.

13. Governing Law/Disputes. This Contest is governed by the laws of the United States and the State of New Hampshire. As a condition of participating in The Literary Blockbuster Challenge, you agree, to the extent permitted by law, that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or in connection with The Literary Blockbuster Challenge, will be resolved individually, without resort to any form of class action, exclusively before a court located in Rockingham County, New Hampshire. FURTHER, IN ANY DISPUTE, UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEY FEES, OTHER THAN YOUR ACTUAL OUT-OF-POCKET EXPENSES (E.G. COSTS ASSOCIATED WITH ENTERING THE LITERARY BLOCKBUSTER CHALLENGE). YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.

14. Rights of Publicity. By participating in The Literary Blockbuster Challenge, you consent to the worldwide use of your name, biographical information, photographs, videos or likenesses in any manner and in any medium now in existence or later invented for any purpose in connection with The Literary Blockbuster Challenge without additional compensation, notification or permission, except where prohibited by law.

15. Prize Winner List. You may request a list of the Finalists and the Winner by sending an e-mail request to mailto:contestresults@Inkubate.com. We must receive your request by August 31, 2013.

16. Sponsor Address. Inkubate, LLC, 75 New Hampshire Avenue, Suite 100, Portsmouth, NH 03801.