July 5, 2012
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 , you agree to the following terms and conditions ("Design Submission Terms and Conditions"):
If your Design is selected for use by Threadless.com, you acknowledge that any creative elements you have added to the Design are considered work-for-hire as defined under the United States Copyright Act of 1976 and, between you and Threadless.com, those creative elements will become the sole property of Threadless.com and its subsidiaries and affiliates (hereinafter collectively "Threadless.com"). To the extent that any of your contributions to 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 Threadless.com the entire right, title, and interest in and to the copyright in your Design contributions 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 contributions to the Design.
If your Design is selected, Threadless.com 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, licensing the Design to Threadless.com's partners, and, changing or reworking the Design by making color or size changes, making derivative works of the Design, using the Design on both the Threadless.com website and on promotional material for Threadless.com and its design challenge partners, and registering your contributions to the Design with the US Copyright Office in the name of Threadless.com as the Claimant, and you as the Author. You agree to provide Threadless.com with minimal information as may be required in order to register the copyright in the Design if Threadless.com so requests, at no cost.
Aside from your use of the Design in connection with this , 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, by submitting your Design, you may not reproduce, sell, or submit the Design to others for any commercial purpose. You agree not to use the Threadless.com blogs to promote the products and services of any company that operates in competition with Threadless.com.
You represent and warrant that, except with regard to the CSA Images Elements utilized in the Design, the Design you are assigning to Threadless.com 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 in its sole discretion, deems to be profane or offensive.
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 , you will receive: $2000 cash, a $500 Gift Certificate, good for use on any of the SkinnyCorp family of websites ($200 of which is recommended to be used for a 12-month club subscription), and a CSA Images Prize Pack.
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.
- 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-sublicensable, revocable, royalty-free license to create a Design which includes CSA Images Elements. You are not granted any rights to use CSA Images Elements for any other purpose. CSA Images Elements are defined as elements derived from, adapted from, based on, by direct reference or by inference to (e.g., by shape or outline but without specific features), any intellectual property (e.g. copyrights, trademarks, trade dress, art works, characters, logos, brands, symbols, devices, slogans, tag lines) of CSA Images, its affiliates, or its/their licensors, or any variation thereof.
- For the avoidance of doubt, you are not authorized to use the CSA Images Elements of the Design for any other purpose whatsoever.
Participants, who in the opinion of Threadless.com and CSA Images, 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.