ZUDA SUBMISSION AGREEMENT

This SUBMISSION AGREEMENT ("Submission Agreement") is between you, as the submitter of digital comic content ("You"), and DC Comics ("Zuda"), whose address is 1700 Broadway, New York, NY 10019. You and Zuda agree as follows:


  • 1. When used in this Submission Agreement, the following terms shall have the following meanings:
    • a. "Competitions" means the competitions conducted on the Website by Zuda, as further described herein; each such competition to include submissions chosen by Zuda, and shall allow registered users to, among other things, view, rate and vote for their favorite submission.
    • b. "Instant Winners" means those Submissions that are chosen by Zuda to receive the deal set forth in the Rights Agreement and Services Agreement (that is, without having to win a Competition).
    • c. "Review Period" means the period of time that begins upon submission of the Submission and continues for 90 days, unless terminated sooner as allowed herein.
    • d. "Rights Agreement" means the Zuda Rights Agreement, the form of which can be found here.
    • e. "Services Agreement" means the Zuda Services Agreement, the form of which can be found here.
    • f. "Submission" means the work submitted by You in connection with this Submission Agreement, including the title of the work, the art and script comprising the work and the concepts, plots, themes, storylines, characters (including names and images), environmental settings, devices, characterizations, logos, trademarks, designs and other elements to the extent included in the work.
    • g. "Team" means more than one person submitting the Submission as a group pursuant to this Submission Agreement. The person who submits the Submission and clicks "I agree" below shall be the "Team Leader". The term "You" when used herein shall refer to the individual submitter or the Team, as applicable.
    • h. "Technical Requirements" means those certain submission instructions, specifications and requirements that can be found here.
    • i. "Website" shall mean the Zuda website, currently found at www.zudacomics.com, that is owned, operated and maintained by or for Zuda.
  • 2. When You submit the Submission to Zuda, it needs to conform to the Technical Requirements. You acknowledge and agree that submitting the Submission does not guarantee its appearance on the Website and that Zuda's review and analysis of the Submission is sufficient consideration hereunder. Zuda may not be able to review and evaluate all of the submissions it receives, and is only able to select a certain number for each Competition. Zuda may reject the Submission for any reason, in which case Zuda shall have no rights at all in or to the Submission.
  • 3. If You have used or are currently using the Submission in any way, please list those uses in the appropriate space on the submission form ("Prior and Current Uses"). During the Review Period, You agree not to publish, post, distribute, display or otherwise use (or authorize any third party to publish, post, distribute, display or otherwise use) the Submission in any manner or media. For example, if the Submission is up on a MySpace page, You would need to remove the Submission from that page until You are otherwise permitted to use it pursuant to the terms of this Submission Agreement. The Review Period shall end on the earlier of the following: (a) 90 days after You submit the Submission or (b) if Zuda expressly rejects the Submission. In either instance, You shall be free to publish, post, distribute, display or otherwise use (and authorize any third party to publish, post, distribute, display or otherwise use) the Submission without any obligation to Zuda, and Zuda shall have no rights at all in or to the Submission.
  • 4. If, during the Review Period, Zuda chooses the Submission as an Instant Winner, and You sign the Rights Agreement and the Services Agreement, all rights in and to the Submission shall be governed by the Rights Agreement and the Services Agreement.
  • 5. If, during the Review Period, Zuda chooses the Submission for a Competition, Zuda shall enter the Submission into one of the next three Competitions on the Website, and the use restrictions set forth in Paragraph 3 above shall continue until the end of the applicable Competition. In addition, if the Submission is chosen for a Competition, You grant to Zuda the following:
    • a. The right to publish the Submission on the Website during the applicable Competition.
    • b. The right to use the Submission (in whole or in part) in any promotion for the Website.
    • c. The perpetual right to include the Submission in a print anthology of submissions (an "Anthology" ), on a non-exclusive basis.
    • d. If the Submission does not win the Competition, the right to publish the Submission on the Website, on a non-exclusive basis, provided that You may require Zuda, by written notice, to remove the Submission from the Website at the end of three months after the end of the Competition.
    • e. The right to use Your name, likeness and biography in connection with any of the grants set forth in subparagraphs (a) through (d) above.
  • 6. As consideration for the rights granted by You to Zuda in Paragraph 5 above (that is, if the Submission is chosen for a Competition), Zuda shall pay You a one-time license fee of $500, payable within 30 days of when Zuda tells You that the Submission has been chosen and you provide us with an IRS Form W-9. In addition, for each unique Anthology that Zuda publishes that includes the Submission, Zuda shall pay You a one-time reprint fee of $1,000 (unless You receive a royalty or fee separately for the Anthology under the Rights Agreement or Services Agreement). An Anthology is only unique if the content is different (that is, includes a different set of submissions), not if the format is different (for example, a softcover edition of a previously published hardcover). If You are part of a Team, Zuda shall pay all amounts owed to the Team hereunder to the Team Leader, who shall be responsible for splitting such amounts with the rest of the Team.
  • 7. The winning submission in the Competition shall be the submission that has the most points at the end of the Competition under a voting system which incorporates a certain number of points for each vote and additional points for other user activity as functionality becomes available (for example, user ratings, views, comments and tags). Zuda reserves the right to disqualify what it believes to be fraudulent or disruptive votes and/or submissions, to use technical and manual methods (including IP addresses) to monitor and enforce this policy, and to make all such judgments in its sole discretion.
  • 8. If the Submission wins the Competition, Zuda shall commission You to create and deliver 52 additional Screens (as defined in the Technical Requirements) on the exact terms and conditions set forth in the Rights Agreement and Services Agreement. Zuda shall send You an email with the agreements attached and with instructions, and You agree to print, sign and return them to Zuda within 10 business days after receipt of the email. Each Team member shall receive an email and must sign their own agreements. If You do not return the agreements by the deadline, or if You are for any reason determined by Zuda to be ineligible, then Zuda shall have the right to rescind the deal offer and select the runner up as an alternate winner.
  • 9. You (including each Team member, if applicable) hereby represent, warrant and covenant that:
    • a. You have the full right, power and authority to enter into this Submission Agreement, to perform all of the obligations hereunder and to submit the Submission, and You are at least 18 years old and, upon Zuda's request, shall provide Zuda with proof of the foregoing,
    • b. the Submission is completely original to You, except to the extent it includes elements from the public domain, and the Submission and any publication thereof shall not be unlawful and does not and shall not defame or infringe or violate any personal, proprietary or other rights of any third party, including copyright, trademark or contract rights, moral rights or rights of privacy or publicity,
    • c. the Submission has not been published, posted, distributed or displayed online, in print or in any other manner, and neither the Submission nor any elements thereof have been used in any manner or media, except as set forth in the appropriate space on the submission form, and
    • d. the Submission is not and shall not be encumbered by any liens, options, prior commitments, grants, licenses or assignments of rights of any kind, and there are no and shall be no disputes of any kind as to Your ownership of the Submission and right to enter into this Submission Agreement.
  • 10. You acknowledge that Zuda has no obligation to You for Zuda's use of material that was created by or for Zuda without the benefit of the Submission, before, during or after You submitted the Submission, and that is similar or identical to the Submission in theme, characters, ideas, plots storylines, formats or other similar respects. In addition, Zuda shall have no fewer rights with respect to the Submission than any member of the general public.
  • 11. If any provision or any part of any provision of this Submission Agreement is held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
  • 12. This Submission Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York applicable to agreements executed and to be wholly performed therein. The state and federal courts of the State of New York located in New York County shall have exclusive jurisdiction over any case or controversy arising under this Submission Agreement. You hereby acknowledge and agree that submission of the Submission is being made in New York and shall not be governed by the applicable laws in Your jurisdiction if different from New York.
  • 13. This Submission Agreement, together with the Technical Requirements and the Prior and Current Uses which are hereby incorporated into this Submission Agreement, contains the complete and exclusive statement of the agreement between the parties with respect to the subject matter of this Submission Agreement and supersedes all prior agreements and understandings (whether oral or written) between the parties relating to the subject matter of this Submission Agreement. This Submission Agreement may not be amended except in writing signed by You and Zuda.

Technical Requirements

  • Submissions must be exactly eight Screens (defined below).
  • A "Screen" is 2750 pixels wide x 2063 pixels tall at 400 dpi.
  • For Your Submission, You need to shrink down each of the eight Screens to be 800 pixels wide x 600 pixels tall (RGB, JPG, saved for the web).
  • Each Screen can be broken up at Your discretion (see samples on site).
  • You can tell one continuous story that begins on Screen one and ends on Screen eight or each Screen can be a stand-alone story. However, all eight Screens must represent the same series. So, for example, You cannot submit two different series ideas of four Screens each or eight different series ideas of one Screen each.
  • Submissions must also include High Concept and Full Synopsis descriptions (both defined below).
  • The "High Concept" description is limited to 200 characters (including spaces) and should give readers the overall idea of the content of the Submission.
  • The "Full Synopsis" description is limited to 2,000 characters (including spaces) and should give readers a more in-depth understanding of the Submission's story and overall direction.