All Romance eBooks, LLC, Just One Bite Short Story Contest Author Agreement

This contract is entered into on this date, between: All Romance eBooks, LLC, a Florida limited liability company (hereinafter known as "All Romance") located at 334 East Lake Road, Suite 286, Palm Harbor, Florida 34685 U.S.A., with an e-mail address of: barbara.perfetti@allromanceebooks.com, and you (hereinafter known as "Author") concerning the title stipulated above (hereinafter known as "Work"), as part of the All Romance Just One Bite Short Story Contest.

The Contract is legal and binding in all countries, the parties intend to be legally bound, and should there be any legal dispute, the laws of the State of Florida U.S.A. shall apply.

1. Warranties

The Author warrants to All Romance that, to the best of Author's knowledge and belief:

(a) the Work is Author's own original, never before published work and the Author warrants that the Author owns the copyright;

(b) the Author has obtained permission from the copyright owner to include any excerpts from any other works subject to copyright which the Author has knowingly included in the Work;

(c) the Work contains no libelous or unlawful statements and does not infringe upon the rights of others; and

(d) the Author hereby asserts the legal and moral right to be identified in the Publication as the Author of the Work.

The Author warrants that all of these representations are true on the date of the signing of this Contract.

2. Grant of Rights:

The Author, on behalf of each of them, their heirs, assigns and any successors in title, agrees to transfer to All Romance exclusive rights with respect to the electronic publication of the Work throughout the world for 3 years from the date of the first electronic publication by All Romance. For the purposes of this Contract, electronic publication shall be understood to mean download, disk, CD, or any other digital format known or to be invented.

3. Royalties, Earnings and Statements:

No royalties will be earned from this work. The Author accepts the following contest rules:

(a) The contest committee will determine 32 Semi-Finalists. Those 32 works will be presented for voting in pairs to be determined by the contest committee. Voting will take place via the allromance.com website or omnilit.com website. Customers must be logged in to vote and each account holder will be allowed to vote once per round. Voting for Round 1 will close at 11:59 pm October 7 (U.S. Central) and the 16 winners, one from each pairing, will proceed to Round 2. Voting for Round 2 will close at 11:59 pm October 14 (U.S. Central) and the 8 winners, one from each pairing, will proceed to Round 3. Voting for Round 3 will close at 11:59 pm October 21 (U.S. Central) and the 4 winners, one from each pairing, will proceed to Round 4. Voting for Round 4 will close at 11:59 pm October 28 (U.S. Central) and the 2 winners, one from each pairing, will proceed to Round 5. Voting for Round 5 will close at 11:59 pm October 31 (U.S. Central) and the first, second, and third prize winners will be declared.

(b) The first prize winner will be the author who wrote the story which receives the most votes in Round 5. The second prize winner will be the author who wrote the story which received the second most votes in Round 5. The third prize winner will be the author who received the most votes during round 4 AND didn't advance to Round 5.

(c) All submission instructions must be followed.

(d) Voting for this contest will run from October 1, 2011 - October 31, 2011.

(e) You must be 18 years of age to enter or vote.

(f) Employees of All Romance eBooks, LLC are not eligible to enter.

(g) NO PURCHASE IS NECESSARY to enter or vote.

(h) You may enter one short story only.

(i) Winner will be posted on the site.

(j) The prizes are as follows and are being furnished by All Romance eBooks, LLC, DBA All Romance and OmniLit, 334 East Lake Road, Ste 286, Palm Harbor, Florida 34685-2427. First place: $1000 US dollars. Second place: iPad 2 Value $499. Third place: $100 eBook Bucks Gift Certificate from All Romance/OmniLit.

(k) Your chances of being selected as a Semi Finalist depends on the number of entries received. 32 Semi Finalists will be selected. If you enter Round 1 as a Semi Finalist, your chance of proceeding to Round 2 is 1:2. If you progress to Round 2, your chance of proceeding to Round 3 is 1:2. If you progress to Round 3, your chance of proceeding to Round 4 is 1:2. If you progress to Round 4, your chance of proceeding to Round 5 is 1:2. Those who proceed to Round 5 have a 1:2 chance of being the First Prize winner. Overall, semi-finalists have a 1:32 chance of winning the First Prize.

(l) Incentives can NOT be offered in exchange for votes.

4. Assignment

All Romance may at any time sell or transfer all or any part of its assets or control of its ownership, including this Contract and the rights and obligations set forth herein, without the Author's prior written consent. Upon receipt of written notice thereof from All Romance delivered by certified mail or other receipted delivery service, the Author agrees to look solely to the assignee/successor with regard to all performance and other obligations of All Romance, and such assignee/successor shall be responsible to pay or discharge all such obligations of All Romance to the Author hereunder as and when the same come due.

5. Confidentiality; Non-Disparagement

At all times after the date hereof, including after termination or expiration of this Contract for any or no reason, the Author shall not, directly or indirectly (1) communicate, disclose or divulge to any person, or use for the Author's own benefit or the benefit of any person or to the detriment of All Romance, any Confidential Information (defined below) for as long as the same remains classified as such or (2) make any statement which denigrates All Romance or any works it has published or any other aspect of All Romance's business. For purposes of this Agreement, "Confidential Information" is defined to include without limitation, any and all unpublished manuscripts, proposed titles, identities of proposed authors, story lines or summaries and any other confidential information relating to the business, plans or operations of All Romance.


6. Jurisdiction

In the event of any dispute under or in connection with this Contract, the parties shall first attempt to resolve the matter amicably through discussion. If the matter cannot be resolved within 15 days after written notice given by either party by certified mail or other receipted delivery service, then either party may pursue its rights or remedies in the state or federal courts of Florida, U.S.A., which the Author and All Romance agree shall have exclusive jurisdiction over all such disputes. The parties agree that service of process may be validly accomplished by certified mail or other receipted delivery service to the addresses specified in paragraph (8).

7. Entire Agreement; Amendment

This Contract hereby constitutes the entire agreement between Author and All Romance and supersedes all previous agreements regarding the Work, whether oral or in writing. Modification of this contract may only occur in writing, signed by both parties. This Contract shall be binding on, and shall inure to the benefit of, the parties and their respective heirs, successors and permitted assigns.

8. Notices

Notices shall be given to All Romance at the address first above written or the Author as follows, or to such other address as may be specified by a party in a written notice given by certified mail or other receipted delivery service at least 15 days prior to the effective date of the change for the following as entered above.

Author's full legal name
Pseudonym (if any)
Full Street Address including zip
Phone number
Email address for correspondence

9. Indemnification

The Author shall defend, indemnify, and hold harmless All Romance, its members, managers, officers, directors, partners, employees, and agents from and against any and all liabilities, claims, demands, causes of action, damages, losses and expenses (including without limitation, attorneys' fees and court costs), arising out of or in connection with (a) any infringement or alleged infringement by the Work of any patent, trademark, copyright, trade secret or other proprietary rights of any third party and (b) any breach of this Contract by the Author or the Author's heirs, permitted assigns or successors in title.

10. Counterparts

This Contract may be executed in any number of counterparts without all signatures on the same copy and transmitted electronically or by facsimile, each of which shall be deemed an original and taken together, shall constitute one and the same instrument.

11. Electronic Signature

The author's submission of the information entered by selection of the submit button below shall constitute author's signature signifying acceptance of this Agreement with the intent that it be valid for all purposes and in compliance with the U.S. Electronic Signatures in Global and National Commerce Act of 2000 a the laws of any other applicable jurisdiction.