October 1, 2013
Snapple 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, you agree to the following terms and conditions (the “Design Submission Terms and Conditions”): 1. 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. 2. By submitting the the Design to Threadless.com you hereby warrant and represent that the Design does not infringe on any rights of any third party, including, but not limited to, any intellectual property rights and moral rights. 3. You will defend, indemnify and hold harmless Threadless.com, skinnyCorp, LLC, which is the corporate entity that owns Threadless.com and their successors and assigns, from and against any and all third party claims and resulting damages, costs, and other liabilities and expenses (including reasonable attorney fees and expenses) arising out of your breach of any warranties and representations made under these terms and conditions. 4. By submitting the Design to Threadless.com you hereby grant Threadless.com and its successors and assigns the irrevocable 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. 5. 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 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. 6. 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. 7. If the Design is selected by Threadless.com, 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. skinnyCorp LLC and its successors and assigns shall thus solely, completely and exclusively own all rights, title and interest in the Design. 8. 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. 9. 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 firstname.lastname@example.org. 10. 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 email@example.com. 11. 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. 12. 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.