August 23, 2019
Design Challenge Submission Legal Terms & Conditions
The following promotion is intended for the 50 United States and D.C. only, and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the 50 United States and D.C., and 18 years or older.
THREADLESS DESIGN CHALLENGE OFFICIAL RULES – NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., 18 YEARS OF AGE OR OLDER AND LEGAL AGE OF MAJORITY IN APPLICABLE JURISDICTION. VOID WHERE PROHIBITED.
1. How to Enter: Beginning at 10:00 a.m. Central Time (“CT”) on August 23, 2019 until 11:59 p.m. CT on September 6, 2019 (the “Promotion Period”), you may enter the Threadless Design Challenge (the “Promotion”) by visiting www.threadless.com/tlc-give-a-little/ (the “Website”) and following the steps on the Website to submit a t-shirt design (the “Design”).
Limit of one (1) entry per person during the Promotion Period. If multiple entries are received, only the first entry will be accepted and additional entries will be disqualified. Multiple participants are not permitted to share the same email address. Any attempt by you to obtain more than one (1) entry by using multiple/different email addresses, identities, registrations or logins, or any other methods, may void your entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, contest entry services) will void all entries by you. In the event of a dispute over who submitted a winning online entry the authorized subscriber of the e-mail account used to participate in this Promotion at the actual time of entry, will be deemed to be the entrant. The authorized account subscriber is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. All entries submitted in accordance with these Official Rules shall be collectively hereinafter referred to as the “Eligible Entries.” Eligible Entries (defined hereinafter) will be judged as specified in Section 8 and voted on through Threadless.com to determine one (1) grand prize winner (the “Grand Prize Winner”) and five (5) runner up prize winners (the “Runner Up Winners”) as further described below.
2. All Design entries must be received by 11:59 p.m. CT on September 6, 2019 to be eligible. Each entry must also include entrant’s (“Entrant”) full name, age, address, phone number (including area code), and e-mail address. Sponsor will not verify receipt of entries.
Note: In order to access the Website and in an effort to optimize the Website user experience, ad blocking software on your computer needs to be disabled.
3. Eligibility: This Promotion is open only to legal residents of the 50 United States and D.C., who are 18 years of age or older and legal age of majority in applicable jurisdiction as of the Promotion start date. Void where prohibited. Employees and members of their households and immediate families (spouses, parents, grandparents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors are not eligible.
4. Submission Requirements: If selected as a prospective prize winner, prize winner will be required to execute and return releases and additional documentation supplied by Sponsor in accordance with Sponsor’s instructions or such prospective prize winner will be disqualified. Incomplete and/or late Design entries will also be disqualified.
Completed Designs that are created and received within the above-mentioned guidelines shall collectively be referred to herein as the “Eligible Entries”. Designs that are not your original work and/or illegible or incomplete application forms will not be accepted. Sponsor and Threadless reserve the right to reject any Designs that it deems, in its sole discretion, to be unlawful or to violate any of the policies of Sponsor’s or Threadless’ customary standards and practices.
Acceptable Design submissions may be available for users of Threadless.com to view. The Design must constitute a completely original work by the Entrant(s) [e.g., the Design must not have been previously released commercially, taken or composed, in whole or in part, from any other source other than the Entrant, commissioned, developed or produced for any commercial enterprise and must not contain images, music, language, lyrics, characters, graphics, underlying source code or other elements which have been created, developed, copyrighted, trademarked and/or patented or which are owned or subject to proprietary or licensing rights of or by an entity other than Entrant(s) personally and in their individual capacity(ies)]. Entrants shall not have the right to publicly or commercially display Designs outside of the context of the Contest or other than as explicitly permitted by Threadless. Designs may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Design contains any material or elements that are not owned by the contestant and/or which are subject to the rights of third parties, the contestant is responsible for obtaining, prior to submission of the Design, any and all releases and consents necessary to permit the use and exhibition of the Design by Threadless in the manner set forth in these Official Rules. Threadless reserves the right to request proof of these permissions in a form acceptable to Threadless from any contestant at any time. If there is any identifiable person, other than contestant, appearing in the Design, the Design will automatically be disqualified. By submitting a Design, contestant warrants and represents that he/she consents to the submission and use of the Design in the Contest, and to its posting on the Website and/or any other site as determined by Threadless and/or its agent.
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.
Notwithstanding the foregoing, if your Design is selected for commercialization 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.
Incomplete or inaccurate registration forms are void.
By submitting the Design to Threadless.com you hereby grant Threadless 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. If the Design is selected by Threadless.com, you shall assign the entire right, title, and interest in and to the Design to Threadless and will waive any “moral rights” you may have in the Design. 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.
Designs cannot contain or display any materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Threadless, in its sole discretion.
5. Representations and Warranties: By making a Design, you represent and warrant that: (a) the Design is an original work created solely by you; (b) you own all rights to the submission and have obtained any necessary third-party clearances; (c) you have permission of any person or object that appears, or is identified or otherwise referred to, in your Design; (d) the Design complies with all requirements of these Official Rules; and (e) you understand that other Entrants may submit original submissions that are substantially similar to yours in content and that you shall not have any claim against Sponsor arising out of any such similarity.
7. Limitations of Liability: Discovery Communication, LLC (“Sponsor”), skinnyCorp, LLC and other participating sponsors (collectively with Sponsor, the “Promotion Entities”), their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Promotion; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or other errors; and any entries that are late, lost, incomplete, misdirected, stolen, mutilated, illegible or postage due, or any combination thereof. Online submission is not considered proof of delivery or receipt. All Submissions become the property of Sponsor and will not be returned. By entering a Design, you also agree to release, discharge, indemnify and hold harmless the Promotion Entities and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or your receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Except where prohibited by law, the winner’s entry and acceptance of the prize constitutes permission for the Promotion Entities to use said winner’s name, photograph, likeness, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
8. How Winners will be Determined: After the Promotion Period, a panel of judges selected by Sponsor will evaluate all Submissions and select six (6) prize winners based on the following judging criteria (the “Judging Criteria”): (a) 50% based on creativity; (b) 50% based on portray of adherence to bulling prevention/kindness theme; (c) . The highest scoring Design, as determined by the judging panel, will be the Grand Prize Winner (the “Grand Prize Winner”). The next five (5) highest scoring Designs will be the Runner Up Winners. Sponsor’s decisions with respect to the prize winners and other matters pertaining to the Promotion shall be final. Ties will be broken based on the Design that portrays a clear message of antibullying criteria score or, if necessary, by another equitable method determined by the judges. Notwithstanding any other provision of these Official Rules, if at any time during the Promotion Period, the judging rounds or at any time thereafter, the Sponsor determines that no eligible entrants exist from which to determine the prize winners, then Sponsor may in its sole and exclusive discretion determine that no eligible contestants exist, and then may either suspend or terminate the Promotion or modify it (or any parts thereof) in any equitable manner that Sponsor deems appropriate in its sole and exclusive discretion, including, without limitation, by not awarding any one or more of the prizes set forth in these Official Rules.
9. Prize Conditions: The prize winners may be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of issuance of prize notification. If Sponsor is unable to contact a prize winner within three (3) days from first notification attempt, if a prize winner fails to complete and return all requested forms by the specified date, or if a prize winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective winner shall be selected by selecting the next-highest scoring Design.
The prize winners will be notified by email, telephone, and/or overnight mail delivery on or around September 20, 2019, to be determined by Sponsor. 10. Conditions of Entry: Entry materials that have been tampered with or altered are void. If, in the judge’s or Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify, suspend, or to terminate the Promotion and proceed with the judging process, as outlined in the “How Winners will be Determined” section to award the prizes using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. In the event of a dispute as to the identity of the winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
11. Prize: One (1) Grand Prize Winner will receive the following (the “Grand Prize”): (i) $500 donation to the program of the Grand Prize Winner’s choice (ii) $500 cash prize and (iii) $500.00 gift code to be used on Threadless.com. Approximate retail value (“ARV”) of the Grand Prize: $1,500. Five Runner Up Winners will receive the following prize pack that includes (the “Runner Up Prize”): one (1) TLC fleece, one (1) TLC hat, one (1) tumbler and one (1) pop socket. Approximate retail value (“ARV”) of the Runner Up Prize: $35.00 per prize. ARV of all prizes: $1,675.00.
The donation does not have any retail value. Grand Prize Winner will not be entitled to any tax gain or benefit on the value of the donation made by the Sponsor or liable for taxes (if any) imposed on said donation. Sponsor will have final approval of the donation recipient.
Grand Prize Winner will also be invited to attend an event in New York City October 2, 2019 (the “Event”). All accommodations, travel, meals and beverages, incidentals, tips, telephone calls, or any other expenses incurred by Grand Prize Winner in order to attend the Event are the sole responsibility of the Grand Prize Winner.
The specifics of all aforementioned elements of the prizes in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of a prize not specifically addressed above are the sole responsibility of the prize winner. All federal, state and local taxes on the prize are the prize winner’s responsibility. Sponsor reserves the right to substitute prize, or portions thereof, with a prize of equal or greater value.
12. General Terms: Noncompliance by any Entrant with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY THE GRAND PRIZE WINNER OR ANY BEHAVIOR BY THE GRAND PRIZE WINNER OR HIS/HER GUEST THAT MAY, IN EITHER SPONSOR’S OR SKINNYCORP, LLC’s GOOD FAITH DETERMINATION, BRING SPONSOR OR ANY OTHER ACTIVITY RELATED TO THE CONTEST OR THE GRAND PRIZE INTO DISREPUTE OR OTHERWISE SHED A NEGATIVE LIGHT ONTO SPONSOR OR SKINNYCORP, LLC, OR ANY OTHER ACTIVITIES ASSOCIATED WITH THE CONTEST WILL RESULT IN SUCH GRAND PRIZE WINNER’S DISQUALIFICATION AS THE GRAND PRIZE WINNER OF THIS CONTEST AND ALL PRIVILEGES AS THE GRAND PRIZE WINNER WILL BE IMMEDIATELY TERMINATED, AND THE GRAND PRIZE WINNER AND/OR HIS/HER GUEST MAY BE ASKED TO LEAVE ANY LOCATIONS ASSOCIATED WITH CONTEST (INCLUDING, WITHOUT LIMITATION, THE GRAND PRIZE).
THE MARYLAND COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF MARYLAND SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Entrants agree to indemnify and hold harmless the Sponsor, skinnyCorp, LLC and each of their respective parents, affiliated companies, sponsors, subsidiaries, advertising agencies and third party fulfillment agencies, and their respective agents, employees, officers, directors, successors and assigns (collectively, with Sponsor and skinnyCorp, LLC, the “Released Parties”) from any and all liability resulting or arising from (a) the Contest, (b) any violation of such Entrant of these Official Rules, (co) such Entrant’s violation (whether through such Entrant’s submitted design or otherwise) of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (d) any claim that such Entrant’s design or submission of a design caused damage to a third party. To the extent permissible by applicable law, Entrants agree to release all rights to bring any claim, action or proceeding against the Released Parties, and hereby acknowledge that said Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Grand Prize, including express warranties provided exclusively by a prize supplier that are sent along with the Grand Prize.
BY ENTERING THE CONTEST, ENTRANTS RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE CONTEST WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE CONTEST WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE CONTEST WEBSITE, THE REMOVAL FROM THE CONTEST WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THE CONTEST, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE CONTEST WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. Winner List: Beginning on or about October 2, 2019 you may obtain the names of the Grand Prize Winner by sending a self-addressed stamped envelope to: skinnyCorp, LLC attn: “TLC Give a Little Design Contest” 400 N. Morgan St. Chicago, IL 60642 14. Sponsor: Discovery Communications, LLC, 8403 Colesville Road, Silver Spring, Maryland 20910. 15. Administrator: skinnyCorp, LLC (Threadless.com), 400 North Morgan Street, Chicago, IL 60642.