June 13, 2011
Adventure Time Design Challenge Submission Legal Terms & Conditions
By submitting your Design (hereinafter the "Design") and in consideration of Threadless.com evaluating your Design for its possible use on and in connection with the Adventure Time Design Challenge, you agree to the following terms and conditions ("Design Submission Terms and Conditions"):
For the sole purpose of submitting your Design for evaluation and potential commercial use, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicenseable, revocable, royalty-free license to create a Design which includes Adventure Time Elements. You are not granted any rights to use Adventure Time Elements for any other purpose.
If your Design is selected for use by Threadless.com, you acknowledge that the Design is considered a work-for-hire as defined under the United States Copyright Act of 1976 and will become the sole property of Cartoon Network Enterprises, Inc. and its subsidiaries and affiliates (hereinafter collectively "CNE"). To the extent that the Design may not, by operation of law, be a work made for hire in accordance with the Design Submission Terms and Conditions, you agree to assign to CNE the entire right, title, and interest in and to the copyright in your Design including the right to sue for past infringement and the right to further sublicense the Design. You also acknowledge that you waive all "moral" rights that you may have in and to your Design.
If your design is selected, CNE may use your Design in any manner, including but not limited to: reproducing the Design on apparel and other products, selling products bearing the Design through any retail distribution channel, and, changing or reworking the Design by making color or size changes, making derivative works of the Design, , and registering the Design with the US Copyright Office in the name of CNE as the Claimant, and you as the Author. You agree to provide CNE with minimal information as may be required in order to register the copyright in the Design if CNE so requests, at no cost.
If your design is selected, you may not use the Design (or derivatives of the Design) or allow others to use the Design (or derivatives of the Design) in any medium whatsoever. In addition, you may NOT use or extract any design element(s) of the design to reproduce, sell, or submit any element of the Design to others for any commercial purpose. You further agree not to use the Threadless.com blogs to promote the products and services of any company that operates in competition with Threadless.com. Threadless.com reserves the right to choose your design after the one hundred eighty (180) days have passed, on the condition that the design has not been used for commercial purposes on any Items, as described above.
You represent and warrant that, except with regard to the Adventure Time Design Elements, the Design you are assigning to CNE is your own original work, has not been previously published, and does not contain any trademarks, logos, copyrighted material, or any other intellectual property belonging to any third party, or any material, which Threadless.com or CNE in its sole discretion, deems to be profane or offensive. Adventure Time Design Elements defined as those Design Elements owned solely by CNE that are derived from, adapted from, based on, by direct reference or by inference (e.g., by shape or outline but without specific features), or designated as part of the design program to accompany any of the creative works, style guide(s), trademarks, or other proprietary or intellectual property of CNE, its affiliates, or its/their licensors, or any variation thereof. For the avoidance of doubt, you are not authorized to use the Adventure Time Elements of the Design for any other purpose whatsoever.
You acknowledge that Threadless.com reserves the right to decline to select a Design for consideration for any reason, including poor design, as further explained in the "Decline Reasons" page of the Threadless.com website, which are subject to change at any time.
If your Design is selected for use by Threadless.com for the Adventure Time Design Challenge, you will receive:
$250 Threadless gift certificate
A piece of exclusive original show art signed by Pendleton Ward, Adventure Time creator
You alone will be responsible for the payment of any tax that arises as a result of receiving payment from Threadless.com or its design challenge partners. Payment will be sent within ninety (90) days after Threadless.com receives hi-resolution artwork deemed suitable for print. If the hi-resolution artwork is not deemed suitable for print as determined by Threadless.com, Threadless.com will notify you of the reason(s) for its determination by email and will make a good-faith effort to assist you in presenting a suitable hi-resolution format.
Participants, who in the opinion of Threadless.com, do not comply with these Threadless Design Challenge Submission Legal Terms and Conditions, or for any other reason at Threadless.com’s sole discretion, can at any time be excluded from consideration without notice.
The decisions of Threadless.com are final and binding.