September 26, 2013

Dunkin' Donuts Design Challenge Submission Legal Terms & Conditions



By submitting your design, and in consideration of Threadless.com evaluating your design submission (the “Design”) for its possible use in connection with the Dunkin’ Brands, Inc., I Love Coffee Design challenge (the “Design Challenge”), you agree to the following terms and conditions (the “Design Submission Terms and Conditions”):

  1. If your Design is selected for use by Threadless in consultation with Dunkin’ Brands, Inc., 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 Dunkin’ Brands, Inc. 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 Dunkin’ Brands., or its designated entity, 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. You may display the Design as part of your portfolio and as an example of your work, but any other use of the Design by you without Dunkin’ Brands’ permission is prohibited.
  2. If your Design is selected you hereby agree to indemnify, defend and hold harmless Threadless and Dunkin’ Brands, Inc., for any and all claims arising from the use of the selected Design and breach of any representation or warranty.
  3. You hereby represent and warrant that the Design is your own original work, is not and has not been offered for sale anywhere by any means, and does not contain any trademarks, logos, copyrighted material, content subject to right of publicity or privacy, or any other intellectual property belonging to any third party. You also represent and warrant that the Design does not infringe any rights (including but not limited to copyright) of any third party.
  4. The Design may not contain the Dunkin’ Donuts trademark, logo, trade dress or other images associated with the Dunkin’ Donuts brand.
  5. By submitting the Design to Threadless.com you hereby grant Threadless.com the right and license to 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/or Threadless.com.
  6. You may not use the Design for any commercial purpose (e.g., sell or license the Design, or offer to sell or license the Design) for ninety (90) days after the date of submission to Threadless.com. Once ninety (90) days have passed, if the Design is not chosen for print by Dunkin’ Brands or Threadless.com, you are free to use the Design for any commercial or non-commercial purpose. Should this occur, you shall not use the Threadless.com blogs to promote the Design or the company using, displaying and/or selling the Design. You further 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.com. Threadless.com reserves the right to choose your design after the (90) days have passed, on the condition that the design has not been used for any commercial purpose.
  7. You acknowledge that Threadless.com may decline to select the Design or exclude the Design from consideration, for any reason, at any time, and in its sole discretion.
  8. If your Design is selected for use by Threadless.com for the Design Challenge, you will receive:
      1. $7,000
      2. $500 Threadless gift code
      3. 1 year’s supply of Dunkin’ Donuts coffee for U.S. residents only (includes 2 pounds of ground Dunkin’ Donuts coffee per month; artist has the right to choose the coffee flavor)
      4. $100 in Dunkin’ Donuts merchandise (for international residents only)
      5. 10 Dunkin’ Donuts t-shirts featuring the selected design
  9. If the Design is selected by Threadless.com for use on Threadless.com outside of the Design Challenge, you shall assign the entire right, title, and interest in and to the Design to skinnyCorp, LLC, which is the corporate entity that owns Threadless.com, and will waive any “moral rights” you may have in the Design.
  10. You alone will be responsible for the payment of any tax that arises as a result of receiving any payment from Threadless, its subsidiaries, related companies, partners, or licensors.
  11. If the Design is selected by Threadless.com, you may display the Design on a website owned and/or operated by you, and you may use and display the Design for any non-commercial purpose; however, should you wish to further display or use the Design, or use or display the design for a commercial purpose, you must first obtain written approval from Threadless.com, which may be obtained by sending an e-mail to license@threadless.com.
  12. If at any time you become aware that the Design has been used, reproduced, or displayed for any commercial purpose, and/or that it has been offered for sale, sold, licensed, or assigned to a third party, you must immediately notify Threadless.com by email at art@threadless.com.
  13. 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.
  14. 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.