infringement in relation to any similar content that IBTC may have in production or development, whether coincidental or not, at the time of the Writer's submission.
7. Use of Content
The Content is submitted to IBTC solely for the purpose of evaluating entries in the Competition. IBTC
agrees that the Content will be used only for the review process and will not be used for any other purpose
without the Writer’s express written consent.
8. Dispute Resolution
Good Faith Negotiations: In the event of any dispute, claim, or controversy arising out of or related to this Release Form, the parties agree to first seek to resolve the issue through good faith negotiations. The parties shall engage in discussions and attempt to resolve the dispute amicably within thirty (30) days of written notice of the dispute.
Mediation: If the dispute is not resolved through good faith negotiations, the parties agree to submit the matter to mediation. The mediation shall be conducted by a mutually agreed-upon
mediator or, if the parties cannot agree, by a mediator selected by the American Arbitration Association (AAA) in accordance with its rules. The mediation process shall be conducted in Indianapolis, Indiana. Each party shall bear its own costs and expenses related to mediation, and the parties shall equally share the mediator’s fees.
Injunctive Relief: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to protect its rights or interests under this Release Form.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions.
10. Entire Agreement
This Agreement constitutes the entire understanding between the Writer and IBTC concerning the submission of the Content to the Competition. It supersedes any prior agreements or discussions and may not be modified except by a written agreement signed by both parties.
11. Notices: Any notices required or permitted under this Agreement must be in writing and sent to the addresses
listed below. Notices may be delivered either by personal delivery, U.S. mail, overnight mail, or email.
1. Mail: Notices sent by U.S. mail or overnight mail will be deemed effective upon receipt, as indicated by the delivery receipt or tracking confirmation.
2. Email: Notices sent by email will be deemed effective on the date the email is sent, as indicated by the email’s sent timestamp.