FAN SUBMISSION PROGRAM
OFFICIAL RULES
THESE LIONSGATE CREATOR CLUB FANSUBMISSION PROGRAM OFFICIAL RULES (THE “PROGRAM RULES”) GOVERN PARTICIPATIONIN THE LIONSGATE CREATOR CLUB FANSUBMISSION PROGRAM (THE “PROGRAM”). PLEASE READ THESE PROGRAM RULES CAREFULLY BEFORE PARTICIPATING IN THEPROGRAM.
The Program is offered by Create Lore, Inc. d/b/a/ Incention (“Incention”) on behalf of Lionsgate Studios Corp. (“Lionsgate”). The Program permits eligible registered users of the Lionsgate Creator Club website (the “Club Site”) who participate in the Program(each, a “Participant”) to upload fan art and other creative content for public display on the Lionsgate Creator Club Gallery page and for potential reuse by Lionsgate or its licensees, successors and assigns for commercial or non-commercial purposes. By participating in the Program, each Participant unconditionally accepts and agrees to comply with and abide by these Program Rules and Lionsgate’s decisions, which are final and binding in all respects.
These Program Rules supplement the Terms of Use (“TOU”)and Lionsgate Creator Club Terms and Conditions (the “Club Terms”) that are posted on the Club Site. The TOU and Club Terms also govern the Program and are incorporated into these Program Rules by reference. By participating in the Program, each Participant agrees to be bound by these Program Rules, the TOU, and the Club Terms, including, without limitation, the arbitration agreement and class action waiver included in the TOU. In the event there is a direct conflict between these Program Rules and the TOU or the Club Terms, these Program Rules will prevail, govern, and control solely with respect to artwork and other materials submitted to, posted on, displayed in, or otherwise used in connection with the Program, and the TOU and Club Terms will prevail, govern, and control with respect to all other matters.
1. PROGRAM DESCRIPTION: The Program is a fan art submission program, in which Participants may upload original fan art or other creative content through the Club Site (each, a “Submission”), and approved Submissions may be displayed on the Gallery page of the Club Site. Lionsgate may, but is not obligated to, review, display, repost, feature, and otherwise use any Submission in and in connection with the Program, including for community engagement, marketing, advertising, promotional and publicity purposes.
In its sole and absolute discretion, Lionsgate may designate certain Submissions for potential use in official reshares, fan spotlights, and, where applicable, commercial uses such as merchandise features (each, a “Lionsgate Pick”). Any merchandise based on a Submission that has been designated as a Lionsgate Pick will be subject to the terms set forth in Section 7. Any designation of a Submission as a Lionsgate Pick may be modified, revoked, or discontinued by Lionsgate at any time, and does not guarantee that the Submission will be used, commercialized, credited, or entitle any Participant to any royalty or other compensation. For the avoidance of doubt, except as expressly provided in Section 7, Lionsgate’s commercial use of a Submission will not entitle any Participant to any royalty or other compensation.
Any likes, votes, reactions, rankings, counts, or other engagement metrics relating to Submissions are intended solely as a community feature and, unless otherwise stated when a call for Submission is made on the Club Site, will not determine whether any Submission becomes a Lionsgate Pick. There is no guarantee that any Submission will be designated as a Lionsgate Pick or will result in any compensation or other benefit.
2. ELIGIBILITY: The Program is open only to registered users of the Club Site who satisfy all eligibility requirements established by the Club Terms, including being eighteen (18) years of age or older, acknowledging the Club Terms, Privacy Policy, and TOU, and establishing a valid account. Officers, directors, and employees of Lionsgate, Incention, and each of their respective parents, subsidiaries, affiliates, agents, and agencies may participate in the Program but are not eligible to receive any royalty or other compensation under the Program.
3. SUBMISSIONN PROCESS AND REQUIREMENTS: To participate in the Program, Participants must visit the Fan Submissions Detail Page on the Club Site or other submission page designated by Lionsgate (the “Portal”) during the period in which submissions are accepted, follow the instructions displayed, and complete the submission form with the information requested. A Submission includes all artwork, images, designs, drawings, illustrations, captions, descriptions, files, metadata, and other content or materials submitted by a Participant in connection with the Program. Each Submission must be made by the Participant through the method described by Lionsgate, and Submissions made by any other individual or entity, submitted through unauthorized means, generated through automated methods, or resulting from tampering with the submission process may be deemed invalid or removed in Lionsgate’s or Incention’s sole discretion.
Each Submission must meet the following “Submission Requirements”: (i) the Submission must be the Participant’s original, previously unpublished work and not feature or focus on any material owned or controlled by third parties, including, without limitation, third party copyrighted material, except for John Wick or other Lionsgate elements that Lionsgate expressly permits Participants to use solely for purposes of creating and submitting fan art in connection with the Program; (ii) the Participant must provide upon request all appropriate clearances, permissions, and releases for the Submission, and, if a Participant cannot provide all required releases, Lionsgate reserves the right, in its sole discretion, to disqualify the applicable Submission, seek to secure the releases and clearances for Lionsgate’s benefit, or allow the applicable Submission to remain in the Program; (iii) the Submission must not be obscene, pornographic, defamatory, libelous, threatening, harassing, hateful, unlawful, or otherwise objectionable, as determined by Lionsgate in its sole discretion; (iv) the Submission must not infringe or violate any copyright, trademark, privacy, publicity, moral right, or other intellectual property or proprietary right of any person or entity; (v) unless Lionsgate expressly permits otherwise in writing, the Submission must not be created usingif a Participant has used generative artificial intelligence, in creating a non-generic element that is included in a Submission, a Participant will be required to disclose and identify the same when making the Submission and Lionsgate may require a Participant to provide proof of the Submission’s creation process; and (vi) the Submission must comply with all technical, file format, size, content, and other guidelines specified in the Portal or otherwise by Lionsgate. Without limiting any other rights or remedies, Lionsgate may remove or disqualify any Submission if Lionsgate is notified that any element of the Submission may infringe or violate the rights of another person or entity or if Lionsgate receives a valid request to remove the affected Submission. No Submission will be eligible for selection, commercialization, royalty treatment, or other compensation unless Lionsgate determines, in its sole and absolute discretion, that the Submission has been or can be sufficiently cleared for legal and business purposes.
Lionsgate may require that only approved content appear in the Gallery and may manually moderate or remove Submissions before or after they become publicly visible. Lionsgate is not responsible for incomplete, illegible, misdirected, late, lost, damaged, stolen, deleted, corrupted, inaccessible, unauthorized, or altered Submissions, or for any technical, human, network, platform, or other errors in connection with the Program.
4. LIMITED LICENSE TO LIONSGATE MATERIALS: To the extent Lionsgate makes John Wick or other Lionsgate materials available for use in connection with the Program, Lionsgate grants each eligible Participant a personal, non-transferable, non-exclusive, revocable, limited license to use those materials solely to create and submit a Submission in accordance with these Program Rules and any instructions provided by Lionsgate. Participants may not use Lionsgate materials for any other purpose, including any commercial purpose, any purpose outside the Program, or to create, train, test, or improve any machine learning, artificial intelligence, or similar system. All rights in Lionsgate materials not expressly granted in these Program Rules are reserved by Lionsgate and its licensors.
5. LIONSGATE'S RIGHTS IN SUBMISSIONS: By submitting a Submission, each Participant irrevocably grants to Lionsgate, its parents, subsidiaries, and affiliated entities, and each of their respective designees, successors, licensees, sublicensees, and assigns, the unrestricted right, but not the obligation, to reproduce, display, perform, publish, distribute, transmit, stream, exhibit, edit, modify, adapt, translate, re-title, crop, composite, morph, scan, duplicate, create derivative works from, advertise, promote, and otherwise use and exploit the Submission, in whole or in part, in any and all media, channels, formats, technologies, products, and services now known or later developed, throughout the universe, in perpetuity, for any purpose, including commercial and non-commercial purposes.
Notwithstanding the foregoing, if Lionsgate elects in its sole discretion to include a Lionsgate Pick on commercial merchandise sold to the general public, such sales shall be subject to Section 7. For the avoidance of doubt, except as expressly set forth in Section 7, no Participant shall be entitled to any compensation of any kind for any use of a Submission by Lionsgate, including any commercial use.
Lionsgate may combine the Submission with other materials, change or modify the Submission, use elements of the Submission separately, and authorize others to exercise any of the rights granted under these Program Rules. Lionsgate may assign, transfer, license, or sublicense any or all of its rights in any Submission.
To the maximum extent permitted by law, each Participant waives and agrees not to assert any moral rights, rights of attribution, rights of integrity, approval rights, or similar rights in or to any Submission or any use of any Submission by Lionsgate or its designees. If any such rights cannot be waived under applicable law, each Participant agrees to exercise such rights only in a manner that will not interfere with Lionsgate’s exercise of the rights granted under these Program Rules.
Lionsgate will retain the rights granted in each Submission even if the Submission is removed, disqualified, fails to meet the Submission Requirements, or was submitted by a Participant who is later determined to be ineligible.
6. NO OBLIGATION TO USE: Lionsgate has no obligation, express or implied, to use, review, select, display, repost, feature, commercialize, develop, produce, distribute, sell, continue selling, or otherwise exploit any Submission. Lionsgate may abandon, delay, discontinue, resume, modify, remove, or change any use of any Submission at any time and for any reason or no reason. Participants are not entitled to damages, injunctive relief, equitable relief, or other compensation or remedy because Lionsgate elects not to use a Submission, ceases using a Submission, uses a similar or identical idea, or uses a different submission or other material.
Lionsgate may receive, review, develop, own, license, or use creative executions, ideas, artwork, designs, themes, styles, concepts, stories, notes, submissions, and other materials from many sources, including other Participants, agencies, vendors, employees, contractors, licensors, licensees, and third parties. Participants acknowledge that many submissions, ideas, designs, or other materials may be competitive with, similar to, or identical to a Participant’s Submission in theme, idea, concept, style, format, composition, or other respects. Lionsgate’s use of any third-party material, independently developed material, existing material, or other Submission that contains features or elements similar or identical to a Participant’s Submission will not obligate Lionsgate to credit, compensate, negotiate with, or obtain approval from that Participant.
7. MERCHANDISE ROYALTY: If, and only if, Lionsgate designates a Submission as a Lionsgate Pick and elects in its sole and absolute discretion to use that Lionsgate Pick as artwork on commercial merchandise sold to the general public, then the "Credited Creator" (as defined and determined by Lionsgate under Section 8), will be entitled to receive a royalty in an amount equal to Five Percent (5%) of "Net Merchandising Receipts" (as defined herein) from sales of such merchandise that features such Lionsgate Pick (any such merchandise referred to herein as "Royalty Bearing Merchandise"). No royalty will be owed for Lionsgate's use of a Submission for Gallery display, social media reshares, fan spotlights, marketing, advertising, promotion, internal review, development, concept exploration, product ideation, style reference, or any use other than the Royalty Bearing Merchandise. No royalty will be owed for merchandise that is merely inspired by, similar to, competitive with, or independently developed from concepts, themes, ideas, poses, characters, colors, layouts, styles, or other elements reflected in a Submission, unless Lionsgate determines in its sole discretion that the actual Submission is used on the merchandise. Participants acknowledge and agree that Lionsgate's use of any Submission outside the specific circumstances described in this Section shall not give rise to any claim for payment, royalty, reimbursement, or other compensation of any kind.
For purposes of these Program Rules, "Net Merchandising Receipts" means the gross amount actually received by Lionsgate (as opposed to any party collecting sums on behalf of Lionsgate) from the sale of Royalty Bearing Merchandise featuring the applicable Submission, less any and all expenses and/or costs incurred by or on behalf of Lionsgate in connection with the applicable Royalty Bearing Merchandise (including participations and other costs and expenses), sales tax, shipping and handling fees and costs, and amounts reserved for or attributable to returns. If an item of Royalty Bearing Merchandise includes more than one Lionsgate Pick entitled to a royalty under these Program Terms, then the royalty percentage set forth above will be reduced pro rata by the number of other Lionsgate Picks.
Royalty payments, if any, will be calculated after Lionsgate receives the applicable Net Merchandising Receipts and subject to the Credited Creator's timely completion of any documentation reasonably required by Lionsgate, including tax forms, payment forms, eligibility confirmations, rights confirmations, releases, and any additional documents Lionsgate reasonably requires to effectuate payment and the intent of these Program Rules. Royalty payments will be made annually, within a commercially reasonable period after the end of the applicable year in which the applicable Net Merchandising Receipts are received; provided that no payment will be made in any calendar year where Net Merchandising Receipts due to the Credited Creator are less than or equal to One Thousand Dollars (USD $1,000).
8. SIMILAR OR IDENTICAL SUBMISSIONS: Only one individual creator will be entitled to receive any royalty payable with respect to any use of a Submission under Section 7, and that individual will be the person Lionsgate determines, in its sole and absolute discretion, should be credited for the applicable Submission or use (the "Credited Creator"). If multiple Participants submit the same or similar artwork, ideas, concepts, features, themes, styles, or executions, or if multiple Participants claim to have contributed to or created the same or similar Submission, Lionsgate will decide, in its sole and absolute discretion, whether to credit any Submission and which single Participant, if any, will be treated as the Credited Creator. Lionsgate's determination of the Credited Creator will be final, binding, not subject to reconsideration, challenge, appeal, audit, or review, and not subject to any obligation to provide reasons or evidence. Only the Credited Creator designated by Lionsgate for the applicable merchandise use, if any, will be eligible to receive the royalty described in Section 7, and no other Participant will be entitled to any royalty, fee, payment, credit, approval right, or other consideration with respect to such use.
9. REPRESENTATIONS AND WARRANTIES: Each Participant represents and warrants that the Participant has the full right, power, and authority to submit the Submission, agree to these Program Rules, grant the rights granted under these Program Rules, and perform all obligations under these Program Rules. Each Participant represents and warrants that the Submission is original to the Participant (other than any Lionsgate materials available for use in connection with the Program), has not been copied from any third party, does not violate or infringe the intellectual property rights, privacy rights, publicity rights, moral rights, contract rights, or other rights of any person or entity, and does not violate any applicable law, rule, or regulation. Each Participant represents and warrants that the Participant has obtained all permissions, licenses, consents, and releases necessary for Lionsgate and its designees to exercise the rights granted under these Program Rules without any obligation to pay any third party or obtain any further approval.
10. INDEMNIFICATIONS: Each Participant agrees to defend, indemnify, and hold harmless Lionsgate, its parent, subsidiary, and affiliated entities, and each of their respective officers, directors, employees, agents, licensees, sublicensees, successors, assigns, advertising and promotion agencies, vendors, and designees from and against any and all third-party claims, liabilities, judgments, losses, damages, costs, and expenses, including reasonable outside attorneys' fees and costs, arising out of or relating to the Participant's Submission, participation in the Program, violation of these Program Rules, or breach or alleged breach of any representation, warranty, covenant, or obligation under these Program Rules. The indemnification obligations in these Program Rules will survive the expiration, suspension, termination, or discontinuation of the Program and any removal, disqualification, or exploitation of any Submission.
11. NO CONFIDENTIAL OR FIDUCIARY RELATIONSHIP: Each Participant acknowledges that the Participant's decision to submit a Submission does not create any confidential, fiduciary, agency, partnership, joint venture, employment, independent contractor, or other special relationship between the Participant and Lionsgate. Participants should not include confidential or proprietary information in any Submission, and Lionsgate will have no obligation to maintain the confidentiality of any Submission. No Participant has authority to bind Lionsgate or create any obligation on behalf of Lionsgate.
12. WAIVER OF EQUITABLE RELIEF: Each Participant acknowledges that the Participant's rights and remedies for any claim relating to Lionsgate's actual or alleged use, exploitation, non-use, or discontinued use of any Submission or other material will be limited to an action for monetary damages, if any, and that the Participant will not be entitled to rescission, injunctive relief, equitable relief, or any order restraining, enjoining, or otherwise interfering with the development, production, manufacture, distribution, sale, advertising, promotion, or exploitation of any Lionsgate film, program, product, service, merchandise, content, campaign, website, or other material. To the maximum extent permitted by applicable law, each Participant waives any right to seek or obtain punitive, incidental, consequential, indirect, special, or exemplary damages, lost profits, or any other damages except direct damages actually incurred and proven.
13. SUSPENSION AND TERMINATION: Lionsgate may, in its sole discretion, disqualify any Participant or remove any Submission if Lionsgate determines that the Participant or Submission violates these Program Rules, tampers with the submission process, disrupts or undermines the Program, acts in an unsportsmanlike or disruptive manner, or seeks to annoy, abuse, threaten, or harass any person. Lionsgate may, in its sole and absolute discretion, modify, extend, suspend, or terminate the Program, the Gallery, or any aspect or feature thereof, at any time, for any reason or no reason, without notice or liability.
14. PRIVACY: Personal information collected in connection with the Program will be handled in accordance with Lionsgate's applicable Privacy Policy and any disclosures presented in the submission flow. By participating in the Program and submitting a Submission, each Participant acknowledges and agrees to the terms of the Privacy Policy, the Club Terms, and the TOU.
15. PUBLICITY: Each Participant grants Lionsgate and its designees the right to use the Participant's name, username, social media handle, likeness, photograph, voice, biographical information, and statements provided in connection with a Submission for advertising, marketing, promotional, and publicity purposes in connection with the Program, the Gallery, any Royalty Bearing Merchandise, and Lionsgate's related content and activities, in any and all media now known or later developed, throughout the universe, in perpetuity, without further notice or approval, except where prohibited by law.
16. TAXES AND DOCUMENTATION: Any Participant who may be eligible to receive a royalty or other payment must complete and return all documents requested by Lionsgate, which may include eligibility confirmations, tax forms, payment forms, affidavits, releases, assignments, or other documents reasonably required by Lionsgate. If a Participant fails or refuses to complete requested documentation by the deadline specified by Lionsgate, Lionsgate may deem the Participant ineligible for royalty payments or any other benefit associated with the applicable Submission. Each Participant is solely responsible for any federal, state, local, foreign, or other taxes, duties, or charges arising from any royalty, payment, recognition, or other benefit received in connection with the Program.
17. GOVERNING LAW AND DISPUTE RESOLUTION: All disputes, claims, or controversies arising out of or relating to the Program, any Submission, any Lionsgate Pick, any royalty, any merchandise use, or these Program Rules will be governed by and resolved in accordance with the governing law, dispute resolution, arbitration, and class action waiver provisions set forth in the TOU. By participating in the Program, each Participant acknowledges and agrees that those TOU provisions are incorporated into these Program Rules by reference.
18. MISCELLANEOUS:
The invalidity or unenforceability of any provision of these Program Rules will not affect the validity or enforceability of any other provision, and these Program Rules will be construed as if the invalid, unenforceable, or illegal provision were not included. No failure or delay by Lionsgate to enforce any term of these Program Rules will constitute a waiver of that term or any other term, and any waiver must be in writing to be effective. Lionsgate may assign or delegate any of its rights or obligations under these Program Rules, but Participants may not assign or delegate any rights or obligations without Lionsgate's prior written consent. All provisions that by their nature should survive expiration, suspension, discontinuation, or termination of the Program will survive, including but not limited to provisions concerning rights in the Submissions, representations and warranties, indemnification, and dispute resolution.