By submitting your design (the “Design”) to Rube’s Steakhouse, d/b/a Rube’s II Inc. and Rube’s III, Inc. collectively, you express your intention to use the services offered by Rube’s Steakhouse, which includes the marketing and advertising of your Design, and the manufacturing, distribution, and sale of your Design on physical products, and you agree to the following terms and conditions (the “Design Submission Terms and Conditions”):

1. The Design is your own original work and does not contain any trademarks, logos, copyrighted material, any other intellectual property belonging to any third party, or content subject to a third party’s right of publicity or privacy.

2. The Design does not infringe any rights (including but not limited to copyright) of any third party.

3. This is a legal, binding agreement. You represent and warrant that you have the full right, power and authority to enter into this agreement, agree to the Design Submission Terms and Conditions, and that your agreement to them does not violate any other agreement you have entered into with a third party. If you have entered into an agreement with any third party concerning the Design you must advise Rube’s Steakhouse immediately by emailing: [email protected].

4. As between you and Rube’s Steakhouse, you transfer to Rube’s Steakhouse ownership of the Design.

5. By submitting the Design, you hereby grant Rube’s Steakhouse a worldwide, irrevocable, right to use, upload, modify, reproduce, copy, exhibit, create derivative works of, distribute, sell, advertise, and display the Design, in any manner now known or hereafter devised. This license may be sub-licensed by Rube’s Steakhouse to others. You waive any “moral rights” you may have in the Design.

6. You also grant Rube’s Steakhouse a worldwide, irrevocable, non-exclusive, right and license to use, portray, display and publish your name, appearance, voice, likeness, photographic image, and biographical information, in any and all media now known or hereafter devised. This license may be sub-licensed by Rube’s Steakhouse to others.

7. You also understand that Rube’s Steakhouse will market and advertise the Design to the public, and obtain orders from customers for the purchase of products featuring the Design.

8. Rube’s Steakhouse may award a cash prize (and/or other prize(s) when the Design is submitted in a Design Challenge and selected as a winning design. Information regarding any such prize will be published on RubesSteaks.com. Payment of any cash prize will be on the same terms and conditions as, and subject to your agreement to, these Design Submission Terms and Conditions as well as the official contest rules that apply to that Design Challenge.

9. Rube’s Steakhouse’s use of the Design, and its possible payment to you, does not infringe any third party’s legal rights.

10. Persons residing outside the United States of America are not eligible to submit Design applications.

11. You agree to defend, indemnify and hold harmless Rube’s Steakhouse, including Rube’s Steakhouse sublicensees (each an “Indemnified Party”) from and against any and all claims, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising out of or relating to an Indemnified Party’s use of the Design (including reproducing, distributing, adapting, and displaying the Design) and/or a breach or alleged breach of the Design Submission Terms and Conditions by you.

12. The Design must not disparage any person; it must not be indecent, obscene, hateful, tortious, untruthful, inaccurate, defamatory, slanderous or libelous; it must not promote bigotry, racism, hatred or harm against any group or individual or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.

13. You acknowledge that Rube’s Steakhouse may decline to render its services to you in connection with the Design by, for example, deciding not to market or advertise the Design, or taking down the Design from RubesSteaks.com, and that this can be done for any reason, at any time, and in Rube’s Steakhouse’s sole discretion. You agree that the decisions of Rube’s Steakhouse are final and binding.

14. Rube’s Steakhouse may, in its discretion, change these Design Submission Terms and Conditions at any time and such changes shall be effective immediately and incorporated into this Agreement. It is your responsibility to review any changes to the Design Submission Terms and Conditions. No modification of this Agreement shall be binding unless confirmed in writing by Rube’s Steakhouse.
    
    15. In the event that Rube's Steakhouse deems a design to be inappropriate, poor quality, off-brand, is in violation of the rules, or is not submitted correctly, that submission will be disqualified.
    
    16. In the event that no entries meet Rube's expectations, the contest will end and no winner will be selected.
    
    17. Rube's reserves the right to alter entered designs by adding a Rube's logo, changing a font, tweaking artwork, or anything needed to better reflect Rube's brand.
    

By submitting your Design, you acknowledge that you have read and agree to these Design Submission Terms and Conditions. Your agreement with Rube’s is governed by the laws of the State of Iowa without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tama County or Dallas County, Iowa, in connection with any dispute arising from this agreement.