USS Indiana Commissioning Committee, P.O. Box 36517, Indianapolis, IN

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1 USS INDIANA, SSN 789 CREST CONTEST GUIDELINES Sponsor: Purposes: USS INDIANA COMMISSIONING COMMITTEE, INC. an Indiana 501(c)(3) corporation. 1. To develop a crest for possible official use by the USS INDIANA, SSN 789, a Virginia class, fast attack, nuclear submarine currently under construction for the United States Navy by the Huntington Ingalls Industries shipyard in Newport News, Virginia. 2. To develop interest in and pride for, as well as a sense of ownership of, this vessel bearing our State s namesake. 3. To develop a symbol, that if selected, would build a sense of esprit de corps among the vessel s crew, the crew s family, vendors, contractors, Hoosiers and any and all others claiming any relationship with the vessel. Schedule: 11/15/2015: Deadline for Commissioning Committee approval of Contest Plan. 11/15/15-12/05/15 Statewide promotional period; advertisement of contest rules. (The Commissioning Committee will promote the contest with the intention of having 100 or more submissions.) 01/31/16: Deadline to submit Design for the crest. 02/21/16: Deadline for Commissioning Committee to process applications and select top 5 designs to submit to the United States Navy as a potential official crest of the USS INDIANA, SSN 789. After 02/21/16: The Navy considers whether to make one of the submitted designs or some other design as the official crest of the USS Indiana, SSN 789. Eligibility: Application: Anyone who submits a Design shall be known as an Entrant. Entrants may be High School, College or Post Graduate students or any other individual, including professional artists, graphic designers, art teachers or others however all Entrants must be individual persons and not a corporate, school or other group entity. Entrants must either be a resident of, attending school in, or employed within, the State of Indiana. Each Entrant must submit with the Entrant s Design an application on a form provided by the Commissioning Committee that provides the following information: (a) Name, address, and telephone number, (b) address or other alternate means of contact, (c) date of birth, (d) acknowledgment that the Entrant is bound by the Contest Rules, has submitted an original work of art, and has waived all proprietary interest in the submission as set forth in a Design Contest

2 Agreement, a copy of which is attached hereto as Exhibit 1, and (e) the signature of the Entrant or, if the Entrant is under the age of 18, the signature of a parent or legal guardian. Criteria: 1. The design of the crest (the Design) may be new art or may be a reworking, embellishment or other modification to the crest created and used by the precommissioning unit of the vessel, a rendering of which is available upon request. 2. The Design should be a graphic representation that reflects some aspect of the State s features, history, tradition, and people in positive way and connects the State of Indiana to the State s Namesake Vessel. 3. The Design should reflect both the Navy and Indiana Heritage. 4. The Design may include Silver and Gold Dolphins to reflect the United States Navy Submarine Force but if used, they should closely resemble the dolphins used on the Navy Submarine Force badge. 5. The Design should incorporate the words USS Indiana and SSN 789 to reflect the name and hull designation of the vessel. 6. The Design should include the New Vessel s motto: Silent Victors 7. The Design may, but need not, include in words or artwork reference to the predecessor ships bearing the name Indiana including the battleships USS Indiana, BB 1 and BB The original art work should be submitted in high resolution print ready digital format. Prize: Contact: The Entrant who submits the Design selected by the United States Navy as the official crest for the USS Indiana, SSN 789 will receive two tickets for the Commissioning Ceremony, Round-trip Airfare for two and Two night s lodging at the site of the Commissioning, which site is to be determined at a later date. Direct questions, concerns, and comments, as well as contest submissions, to: info@ussindiana.org or USS Indiana Commissioning Committee, P.O. Box 36517, Indianapolis, IN

3 EXHIBIT 1 USS INDIANA, SSN 789 DESIGN CONTEST AGREEMENT By submitting a Design in the USS INDIANA, SSN 789 contest, each Entrant agrees to be bound by the following terms: 1. Authority for Contest. Entrant acknowledges that the USS Indiana Commissioning Committee, Inc., hereinafter the Commissioning Committee, has the legal authority to sponsor the designs to be considered for selection as the official crest for the USS Indiana, SSN 789, a Virginia Class submarine under construction for the United States Navy. The United States Navy has final say as to the design of the crest for the USS Indiana, SSN 789. The Commissioning Committee is responsible for governing the Contest, and related property, advertisements, forms, events, prizes, communications, rules, and all other terms related to the Contest. 2. Ownership Rights of all Submittals. Each Entrant of the Contest grants to the Commissioning Committee ownership of all property rights in any artwork, design, sketch, or final representation, all of which are individually and collectively referred to herein after as the Design, including but not limited to the copyright, merchandising rights, all licenses, and any future or unpaid royalties in the Design in exchange for Entry in the contest and the opportunity to qualify for the Prize offered by the Commissioning Committee. By submitting an Entry herein, the Commissioning Committee becomes the exclusive owner of all rights whatsoever in and to the Design and the Entrant may not hereafter, use, sell, convey, transfer, or assign any rights in the Design to any other person or entities. This provision also prohibits any personal use by the Entrant of the Design without the express written consent of the Commissioning Committee. 3. Prize is Full Compensation. By making a submission to this Contest, the Entrant agrees, that the opportunity to win the Prize is valuable consideration and complete compensation for the submitted Design and further agrees that if the Entrant s submission is selected by the United States Navy as the official crest for the USS Indiana, SSN 789, the Prize awarded herein is valuable consideration and full and complete compensation for all rights in and ownership of the selected Design. 4. Ownership of Final Selected Design. If the Entrant s design is selected by the United States Navy as the official crest for the USS Indiana, SSN 789, exclusive ownership of all property rights in the Design, including but not limited to, the copyright, merchandising rights, licenses, and rights to royalties in the Design, shall vest in the United States Navy. 5. Entrant Information Required. It is the responsibility of the Entrant to provide in each submission: (a) a fully completed entry form, (b) a valid postal address, (c) a valid address, and (d) a signed statement by the Entrant confirming the Entrant s understanding of and to be bound to the terms of this Agreement by submitting an Entry in the Contest. This information will be used to confirm receipt of each Entry, inform Entrants of the results of the Contest upon its completion. The Commissioning Committee reserves the right to satisfy all communication

4 obligations of the Contest via the Entrant s address provided with the Entrant s Entry unless otherwise requested by the Entrant and agreed to by the Commissioning Committee. 6. Original Works. By submitting a Design in the Contest, the Entrant hereby warrants the Entrant created and possesses unencumbered title of any and all Designs submitted to the Contest and has the right to convey all ownership rights in the Design. Entrants must submit Designs in accordance with the rules, regulations and instructions issued by the Commissioning Committee which are incorporated herein by reference and constitute additional terms and conditions of this Agreement. 7. Deadlines. All Designs along with all other information required by this Agreement or the rules, regulations or instructions of the Commissioning Committee must be in the Commissioning Committee s possession on or before January 31, 2015, to be considered received and eligible for Entry in the Contest. The Commissioning Committee is not responsible for the return or care of any submissions by Entrants that are eligible or ineligible for the Contest. 8. Disclaimer. The Commissioning Committee is not responsible for lost, stolen, mislabeled, issues of inconsistent compatibility with the Commissioning Committee s computer capabilities, or misdirected Designs entered in the Contest. The Commissioning Committee is also not responsible for the transportation, care, or return of any submission made under the terms and conditions of this Agreement. 9. Waiver of Right to Contest Results of Contest. By making a Submission to the Contest, the Entrant accepts the terms of the Agreement and surrenders the right to contest in a court of law or otherwise any decision of eligibility or decision of selection made. 10. Judging. Judging will be done in accordance with the Criteria and the Schedule set forth in the USS INDIANA, SSN 789 Contest Guidelines. 11. Notifications at the Contest s Completion. The Commissioning Committee will make contact with each entrant of the Contest once by within a reasonable time after the conclusion of the contest s judging which will be sometime in the Spring, 2016 or at such other time as shall be announced by the Commissioning Committee. Each Entrant agrees to keep the Commissioning Committee advised of any change in contact information. With regard to the winning Entry, the Commissioning Committee will make at least two attempts to contact the Entrant by and may make such other attempts to contact the winning Entrant as the Commissioning Committee should decide in its sole and exclusive discretion. If the winning Entrant does not respond to the Commissioning Committee s obligated contact attempts under this Agreement within a reasonable time, as determined by Commissioning Committee, then Commissioning Committee reserves the right to terminate its obligation to award the winning Entrant a prize but the decision to terminate the award of the Prize shall in no way result in the United States Navy losing any of its ownership rights in the selected Design. 12. No Right to Recognition. The Commissioning Committee is under no obligation to identify the Entrant as creator of the Design or reproduce thereon a copyright notice for the Entrant;

5 however, by submitting a Design in the Contest, the Entrant understands that if selected as a winner, his or her name, likeness, and all information in his or her application may be used by the Commissioning Committee and the United States Navy, or any of its assigns, in communications and promotional materials as determined by the Commissioning Committee or the United States Navy. 13. Withdrawal. No entry may be withdrawn once it has been submitted to the Commissioning Committee without the express written consent of the Commissioning Committee and only upon receipt of a signed written request for withdrawal identifying the name of Entrant and Design to be withdrawn, and the reason for the withdrawal. 14. Indemnification. The Entrant agrees to fully indemnify, defend, and hold the Commissioning Committee, and its affiliates, including but not limited to, the United States Navy, the United States Government and Huntington Ingalls Industries, and their respective directors, officers, employees, shareholders, partners, and agents (the Commissioning Committee parties ) harmless from and against any and all claims, losses, costs, and expenses (including lawyer s fees) incurred by any Commissioning Committee party in connection with: (i) any falsification of information on the Entry form by the Entrant, (ii) any breach by the Entrant of the Agreement, (iii) any breach by the Entrant under any legally binding agreement, (iv) any misuse or misrepresentation of legally protected property by the Entrant in relation to this Contest, and/or (v) the violation of any and all laws, including but not limited to, the laws of the United States of America and the laws of the State of Indiana. 15. Limitation of Liability. None of the Commissioning Committee Parties SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF THE ANY OF THE COMMISSIONING COMMITTEE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMMISSIONING COMMITTEE PARTIES LIABILITY FOR DAMAGES UNDER THIS AGREEMENT EXCEED THE TOTAL CONSIDERATION ACTUALLY CONFERRED BY THE COMMISSIONING COMMITTEE TO ENTRANT OR ANY AGENT, EMPLOYEE, REPRESENTATIVE, OR INVITEE OF ENTRANT HEREUNDER, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT. IN NO EVENT SHALL THE COMMISSIONING COMMITTEE PARTIES LIABILITY BE GREATER THAN THE TOTAL AMOUNT PAID TO ENTRANT UNDER THIS AGREEMENT. 16. This Agreement shall be governed and construed in accordance with the laws of the State of Indiana. By accepting this Agreement, the Entrant agrees that any action or proceeding between the Commissioning Committee and the Entrant for any purpose concerning this Agreement or the parties obligations in this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Marion, State of Indiana and the Entrant hereby consents to the exclusive personal jurisdiction of these courts. This agreement and any rules, regulations or instructions issued pursuant thereto contain the entire understanding of the parties

6 hereto relating to the Contest and the Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement. Any cause of action or claim you may have with respect to the Contest must be commenced within one (1) year after the cause of action or claim arises or such cause of action or claim is barred. The Commissioning Committee s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any of the Commissioning Committee s rights or that the Commissioning Committee has acquiesced to any assertion of rights claimed by the Entrant in contradiction to or limited by this Agreement. The Commissioning Committee may assign its rights and duties under this Agreement at any time without notice to the Entrant. 17. Final Crest Selection and Usage. Entrant acknowledges that the final decision for the design of the official crest of the USS Indiana, SSN 789, is at the sole and exclusive discretion of the United States Navy. Entrant further acknowledges that the Commissioning Committee has no control over whether any of Entrants submissions that the Commissioning Committee forwards to the United States Navy for consideration as the official crest will ultimately be selected as the official crest. To be the contest winner and to earn the Prize being offered, Entrant s submission must be accepted by the United States Navy as the official crest and once selected, the Design may be used by the United States Government and the United States Navy as the official crest, logo or depiction for the USS INDIANA, SSN 789 for any and all purposes whatsoever without any further permission from or compensation, other than the Prize set forth in the Contest Guidelines, to the Entrant.