Design Challenge Submission Terms & Conditions
Last Revised April 22, 2008
Yes, there’s more stuff to read before you submit any ideas or Designs or Slogans for us to evaluate for possible use on apparel and other merchandise. Yeah, it’s all here because of my lawyers, but the truth is the following information is actually very helpful, too.
By submitting an idea or Design or Slogan to us, you acknowledge that you read, understand and accept the following Terms & Conditions.
You further acknowledge and understand that this is a binding agreement between EARTH M.A.P., Inc (dba Code Creations, Code Apparel, Code Red, www.c-o-d-e.com etc.) and yourself.
No agency, partnership, joint venture, employee-employer, franchiser-franchisee or work-for-hire relationship is intended or created by this agreement.
All Design Challenge entries received will be assumed to be for publication on the website and can be used for promotional uses on an exclusive, royalty free, perpetual basis.
Step One
You need to register an account with Code-Creations.com to submit or to vote. You can register here. After you have received your confirmation e-mail setup your account. Let people know as much about you as you feel comfortable. You can upload an avatar, link to your site and share your instant messenger information.
Step Two
Once you have registered, download our photoshop template for the design preview. You can design in either Illustrator or Photoshop, but you must use our Photoshop template dimensions when you submit your design preview for rating. The preview dimensions are 300px by 435px. If the design preview is not 300px wide and 435px tall your design will not be approved until it is submitted with the correct dimensions. The design preview must also be submitted as an RGB jpeg file.
Step Three
Log in to your account. Post your design. It will go into the queue for approval. Plagiarism, profanity, obscenities, etc. will not be approved. Please be creative and tasteful.
Step Four
Once your design is approved it will show up on the Let’s Vote page. You can vote for your design once and only once. After you have scored your design, check out all the other designs that people have made and leave your own score and comments. Feel free to promote your design on to everyone you know in the whole wide world.
Final artwork for print must be submitted in vector format. 14″x15″ is the maximum size, 300dpi and 45 line dots are acceptable.
Designs should not be positioned across any seams in the shirt.
If your Design is selected for use by Code Creations, you acknowledge that you assign to us and our subsidiaries and affiliates all your rights, titles, and interests in and to the copyright of your Design, including the exclusive right to sub license the Design. You acknowledge that Code Apparel may use your Design in any manner now known or hereafter to become known, including making derivative works of the Design and using the Design for promotional, publishing and other purposes.
At no cost to you whatsoever, you acknowledge that Code Creations may copyright the Design in its final form with us as the Claimant, and you as the Author / Designer.
All the designs that you submit are limited to a maximum of four (4) colors; not including the color of the garment. And don’t forget that the color of the garment can be used by you as an additional color.
Garment colors are limited to the colors I presently offer and are subject to change at any time according to availability. For the most part we use shirts that are a natural (not bleached white) color, but we do offer a white shirt (whitened with peroxide).
We reserve the right to make final decisions concerning design, ink colors, garment colors, sizing, placement, etc.
You acknowledge that we reserve the right to reject any submission that we deem in our sole discretion to be vulgar, profane, offensive, or inappropriate and do not meet our criteria. Designs accepted into any of our Design Challenges may be removed at anytime at the sole discretion of the Code Creations staff.
You agree that you will not submit your Design or Slogan in another Design Challenge or Competition within sixty (60) days from the date of your Design submission to us.
You guarantee that your submitted Design or Slogan has never won another competition in the past and was never previously published in any form at any time. That would not be cool and if we find out that you did this then your submitted design will be removed from the site and the running. If we find out about this after your design has won (if it won) then you agree to forfeit any and all commissions you may have earned. If we find out after you have been paid any commissions, you agree to reimburse Code Creations for any commissions you may have been paid.
If your Design is not chosen and you want to submit it to enter another Design competition or use it for any commercial purpose, please send us an e-mail and request the removal of your Design from our archives.
We may keep your design on our site for review, comments and voting for 1 month - 6 months before determing whether or not we wish to choose it as a winning submission. If, after 60 days, your Deisgn has not be chosen, you may contact us and ask us to remove your design from the challenge.
Please keep in mind that Code Creations reserves the right to choose your design as part of a special Selection or Collection, even if your Design does not win a Design Challenge. If so, we may not contact you after sixty (60) days from the original date of your submission, on the condition that the design has not been used for commercial purposes on any merchandise.
If your Design is used or reproduced for commercial purposes elsewhere, you cannot use the Code-Creations.com comment area, forums or blogs to promote the Design or the company using the Design. You further agree not to use Code-Creations.com to promote the products and services of any company that operates in competition with Code-Creations.com
YOUR ORIGINAL INTELLECTUAL PROPERTY
All submitted designs must be your original work and your own exclusive intellectual property. This is double important. You MUST have the exclusive right of use of your submitted Design without any limitations.
By the way, your design also can not contain any intellectual property of any third party such as logos, trademarks, service marks or copyrighted material. In fact, please don’t submit anything that even looks like it is a company’s logo. And by all means, please be creative with anything you submit, including slogans.
By submitting a design to Code-Creations.com you hereby declare and guarantee that your design does not infringe upon any intellectual property rights of third parties. Honestly, please don’t even think about doing this.
By accepting these terms, you hereby agree to hold harmless and indemnify Code Creations and its owners and staff from and for any claims, debts and obligations towards third parties and you further agree to compensate Code Crations for any damages and actual expenditures it might incur as a result of your sinister behavior.
By submitting any Idea, design or Slogan for consideration, you guarantee that the Design is copyright-free and is not libelous, slanderous, obscene, does not plagiarize, and does not infringe upon any rights whatsoever of any third party.
As a result of your assurance, you shall hold Code Creations harmless and shall indemnify Code Creations for all costs and expenses (including reasonable attorney fee’s) in the event of a breach of any of the foregoing warranties or representations.
YOU MIGHT WIN PRIZES
Winning Designs are determined by a combination of criteria, including voting results, participant comments, and more. Highest scoring designs do not automatically qualify for prizes. No Designer has any right or legal title to win a competition and shall therefore never make any legal claims against Code Creations at the end of any our Design Challenges.
Code Creations sometimes creates Slogan Challenges. You guarantee that any slogan you submit 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.
Code Creations has various challenges running concurrently. A competition is finished at a specified date and time. If Designs are chosen as winners, the Designers will be notified via e-mail and the winning Designs will be posted on the website. Code Creations maintains the right to not choose any winners at the end of a particular challenge if none of the designs meets Code Creations’ criteria.
Participants who win may receive a combination of cash and prizes as determined by Code Creations and/or our sponsors. Non-cash prizes are distributed within thirty (30) days from the time final artwork is received. Prize money is distributed to the winning designer during the course of the twelve (12) months from the time final artwork is received. Cash prizes are issued via check or Pay Pal.
If your Design is selected for use by Code Creations, you will receive: $1.00 value for every item sold with your Design on it.
For example, if we sell 1,000 garments with your Design on it, you will receive $1,000 U.S.D.
Upon your request, you can also be paid with a Code Creations Gift Certificate for the full value of your commission.
Payments will be administered quarterly (for no longer than twelve (12) months of the date we reserve high resolution art work suitable for printing), based on previous quarterly sales, and will be paid via Pay Pal.
For example, deposits will be made during the first week of January for the previous quarter; the first week of April for the previous quarter; first week of July for the previous quarter; and the first week of October for the previous quarter.
If your Slogan is selected as a winner, you will receive a one-time prize of a $100 Code Apparel Gift Certificate and one (1) free T-Shirt with your Slogan on it — if and when T-Shirts with your Design are printed.
At the end of each year, Code Creations may offer promotions, which may include offering additional cash and prizes to winners of its Design Challenges. All winning designers are eligible and will be notified if and when they win.
Code Creations reserves the right to change payment terms at any time, by posting them on the Code-Creations.com website, and changes will be effective upon posting. Payment will be based on the terms in effect when your Design is selected. You agree to be responsible for the payment of any tax that arises as a result of receiving payment from Code Creations.
Code Creations is not obligated to determine in advance the amount of winning designs to print on merchandise. However, to keep our merchandise as Limited Editions, we do not intend to print more than 2,000 of any garment; though we maintain the right to do so at our discretion.
In the event that Code Creations does decide to print more than 2,000 garments or other merchandise within or after twelve (12) months after we receive your Design in the proper format, you will receive a Pay Pal deposit or a Code Creations Gift Certificate for a grand total of $500.00 U.S.D. This is a one-time payment only and concludes any further commission or royalty or relationship between you and Code Creations for that specific and particular winning Design.
If your Design is chosen, Code Creations may print various garments, which may include, but may not be limited to, T-Shirts, Hooded Pullovers, Baby Clothes, Pet Shirts, Bags, and more. We may also utilize the Design for other types of merchandise in the future. Code Creations maintains the right — but not the obligation — to offer the winning designs on merchandise offered through our affiliates and subsidiaries and sister companies as well as through partner and/or retail sites.
Nothing herein shall be construed as an obligation of Code Creations to manufacture and/or disseminate any specific quantity of merchandise containing the Design. All manufacturing, dissemination and marketing decisions regarding each Design are left to the sole discretion of the owners & staff of Code Creations.
PROMOTING OUR ARTISTS
Sometimes Code Creations will print About The Artist information on the merchandise, at one or more locations that are determined by us, but we are not obligated to do this. If you do not want credit for your Design, or wish to remain anonymous, or do not want your name and information about you (derived from the “Interview” and other sources) on the product, please contact Code Creations via e-mail immediately upon learning that your design has won, and electing to keep your name and information from being placed on the product(s). This must be done within 24 hours of your being notified that your design has been accepted as a winner.
You are welcome to submit your own BIO which we may or may not make full or partial use of.
YOU MAY USE YOUR DESIGN
You may use or continue to use the Design for non-commercial purposes only. For example; as part of your portfolio.
This Agreement, in whole or in part, may be freely assigned by Code Creations. You may not assign this Agreement in whole or in part without the prior written approval of Code Creations.
If any part, term or provision of this agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this agreement, the validity of the remaining portions or provisions shall not be affected thereby.
This agreement contains the entire understanding between you and us with respect to the subject matter hereof and with respect to the matter contained herein and supersede all prior agreements or understandings. This agreement shall not be modified except in writing.
This agreement shall be governed by and construed under the laws of the State of Florida, without regard to its principles of conflicts of laws and notwithstanding the fact that you may be domiciled in a different state or country. You stipulate and agree that any and all claims, disputes, controversies, suits or actions arising out of or relating to the provisions of this agreement or the subject matter hereof and initiated by you, or any successor in interest, shall be adjudicated exclusively in the Circuit or District Courts of Florida, or the United States District Court for the District of Florida, which courts shall have the exclusive jurisdiction and venue for any and all such claims, disputes, controversies, suits or actions, and you hereby stipulate and submit to the personal and subject matter jurisdiction of such courts with respect to such claims.
A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
These terms and conditions are a legal agreement between us and can only be modified with our consent. We reserve the right to change the terms at our discretion by changing them on the website.
The decisions of Code Creations are final and binding.
Good luck!
Amber
