August 8, 2013
Aqua TV Show Show Design Challenge Submission Legal Terms & Conditions
By submitting your Design (hereinafter the “Design”), and in consideration of Threadless evaluating your Design for its possible use in connection with the Adult Swim Aqua Teen Hunger Force Design challenge (the “Design Challenge”), you agree to the following terms and conditions (“Design Submission Terms and Conditions”):
You hereby grant Threadless, including its parents, partners, and affiliates (together, “Threadless”), and its Design Challenge partner, The Cartoon Network, Inc., including its parents, partners, and affiliates (together, “TCN”) an irrevocable, paid up, royalty free right and license to use, upload, modify, reproduce, copy, exhibit, create derivative works of, distribute, and display the Design, in any manner, for the purposes of promoting the Design, and conducting and promoting the Design Challenge.
Winning Designs, Design Selection and Ownership. If your design is selected in this Design Challenge you acknowledge and agree that:
- you will sign an agreement in which you will (i) agree that the Design is owned by Threadless or TCN as a work-made-for-hire, (ii) irrevocably assign the Design to Threadless or TCN, and (iii) agree that Threadless or TCN are free to further transfer, assign, and/or sublicense the Design;
- you may not use, or allow others to use, the Design (or derivatives of the Design) for any commercial purpose; and
- Threadless and/or TCN may use your Design in any manner, for any purpose, including but not limited to: reproducing the Design on apparel and other products, selling products bearing the Design through any retail distribution channel, changing or reworking the Design by making color or size changes, making derivative works of the Design, or using the Design on the websites and promotional material maintained and/or created by Threadless or its design challenge partners.
TCN’s Intellectual Property. You acknowledge that the Design may incorporate, for the sole purpose of this Design Challenge, trademarks, trade names, service marks, logos, characters, artwork, and other elements that are owned by TCN. You acknowledge and agree that TCN owns all rights in and to the “Adult Swim” name and logo, the name and logo of “Aqua Teen Hunger Force” (and all of its versions), and all related characters and elements (collectively, “TCN Elements”), and that you are granted a limited license to use the TCN Elements solely to create a Design for submission in this Design Challenge, and for no other purpose. For the avoidance of doubt, you are not authorized to use any or all of the TCN Elements for any purpose or in any medium whatsoever other than participating in this Design Challenge.
No Liability to TCN. You acknowledge that the Design you are submitting, or elements or portions thereof, may be similar or identical to the many ideas, suggestions, or creative elements developed by TCN’s personnel or submitted to TCN by others. You acknowledge that TCN shall have no liability to you for the use of material independently created by TCN personnel or others, even if such material is substantially similar or identical to the Design submitted by you.
Threadless’ 180 Day Exclusive Option Period. By submitting the Design, you agree that you will not use the Design for any commercial purpose (e.g., sell or license it) for one hundred and eighty (180) days after the date of submission to Threadless
Designs Not Selected. Once one hundred and eighty (180) days have passed, if the Design has not been chosen in this Design Challenge by Threadless or TCN, you are free to use the Design for any commercial or non-commercial purpose, on the condition that any and all TCN Elements, and any image, design, character, or image that is a derivative of, or substantially similar to, any TCN Element, has been deleted from, and no longer appears in, the Design. You further agree that:
- Threadless reserves the right to choose the Design after one hundred and eighty (180) days have passed, for the Design Challenge or for any other purpose, on the condition that the Design has not been used for any commercial purpose (other than its submission on Threadless.com); and
- if the Design is commercialized elsewhere, you will not use the Threadless.com blogs to promote the Design or the company using, displaying, or selling the Design.
- You agree not to use the Threadless.com blogs to promote the products and/or services of any company that compete, in whole or in part, with Threadless.
- If you see that the Design, or any portion of the Design is displayed or offered for sale elsewhere, you must notify Threadless by email at: firstname.lastname@example.org
- You represent and warrant that, except with regard to the TCN Elements, the Design is your own original work, has not been offered for sale anywhere by any means, does not contain any trademarks, logos, copyrighted material, or any other intellectual property belonging to any third party (except TCN), and does not infringe any rights (including but not limited to copyright) of any third party.
- Threadless 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 you are not in compliance with any of these Design Submission Terms and Conditions, the Design may be rejected by Threadless.com, and may be excluded or otherwise deleted from Threadless.com.
- You acknowledge that Threadless.com reserves the right to decline to select the Design for any reason, at Threadless.com’ sole discretion, and that the decisions of Threadless.com are final and binding.
By submitting your design you acknowledge that you have read and are comfortable with these Design Submission Terms and Conditions, you agree to be bound by them, and you wish to submit your Design to Threadless.com in accordance with them.