September 26, 2011
Tailgate Design Challenge Submission Legal Terms & Conditions
By submitting your Design (hereinafter the "Design") and in consideration of Threadless.com and the Collegiate Licensing Company (“CLC”) evaluating your Design for its possible use on and in connection with the College! 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 the logo, mascot and team colors of Auburn University (the “University Logo Elements”). You are not granted any rights to use University Logo Elements for any other purpose. For the avoidance of doubt, you are not obligated to use the University Logo Elements in your Design.
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 the respective college or university whose University Logo Elements are used in connection with the Design. 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 the respective college or university 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, CLC 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 CLC as the Claimant, and you as the Author. You agree to provide CLC with minimal information as may be required in order to register the copyright in the Design if CLC 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 University Logo Elements, the Design you are assigning to CLC 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. Your Design should NOT include any material that is sexual in nature or makes any reference to drugs and alcohol, or any material, which Threadless.com or CLC in its sole discretion, deems to be profane or offensive. Additionally, no use of any current player’s name, image, or likeness is permitted your Design per the rules and regulations of the NCAA.
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 College! Design Challenge, you will receive:
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.