April 12, 2012
Sesame Street 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 Sesame Street Design Challenge, you agree to the following terms and conditions ("Design Submission Terms and Conditions"):
If your Design is selected for use on 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 Sesame Workshop, Inc. and its subsidiaries and affiliates (hereinafter collectively "Sesame Workshop"). 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 Sesame Workshop 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, 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 and website and on promotional material for Threadless.com and its design challenge partners, and registering the Design with the US Copyright Office in the name of Sesame Workshop as the Claimant, and you as the Author. You agree to provide Sesame Workshop with minimal information as may be required in order to register the copyright in the Design if Sesame Workshop 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, by submitting your Design, you may not reproduce, sell, or submit the Design to others for any commercial purpose for one hundred and eighty (180) days after the date the Design Challenge voting period ends (July 18, 2011) while the Design is being evaluated by Threadless.com. Once the one hundred and eighty (180) days have passed, if your Design is not chosen for print by Threadless.com, you are free to use the Design for any commercial or non-commercial purpose. However if your Design is used elsewhere, you must notify Threadless.com by email art@threadless.com about where and when the Design will be used, so that it can be removed from the Threadless.com website at that time. In addition, if the Design is used or reproduced for commercial purposes elsewhere, you cannot use the Threadless.com blogs to promote the Design or the company using the Design. 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 Sesame Workshop Elements, the Design you are assigning to Sesame Workshop 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 The Sesame Street Design Challenge, you will receive:
$2000 cash
$250 Threadless gift certificate
A signed copy of My Life as a Furry Red Monster by Kevin Clash
A signed copy of The Wisdom of Big Bird (and the Dark Genius of Oscar the Grouch) by Caroll Spinney
A copy of the Sesame Street 40th Anniversary Book, signed by Sesame Street founder Joan Ganz Cooney.
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.
Additional Terms
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 Sesame Workshop Elements. You are not granted any rights to use Sesame Workshop Elements for any other purpose. Sesame Workshop 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 Sesame Workshop, its affiliates, or its/their licensors, or any variation thereof. Any elements of your Design that would not be considered Sesame Workshop Elements shall be herein described as "Non-Sesame Workshop Elements."
For the avoidance of doubt, you are not authorized to use the Sesame Workshop Elements of the Design for any other purpose whatsoever.
Participants, who in the opinion of Threadless.com and Sesame Workshop, 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.