Sample Contract: Design Competition Website
WEBSITE.com Design Submission Legal Terms & Conditions Last Revised July 20, 2007 By selecting "I Agree" below and in consideration of WEBSITE.com evaluating your Design (hereinafter the "Design") for its possible use on clothing and wall graphics (the "Items"), you agree to the following terms and conditions ("Design Submission Terms and Conditions"):
If your Design is selected for use by WEBSITE.com, you acknowledge that you assign to PARENTCORP LLC and its subsidiaries and affiliates (hereinafter collectively "WEBSITE.com") 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, for its sole and exclusive use on and in connection with the Items. You also acknowledge that you waive all "moral" rights that you may have in and to your Design.
If your Design is selected, WEBSITE.com may use your Design in any manner on or in connection with the Items, including but not limited to: reproducing the Design on the Items, selling Items bearing the Design, changing or reworking the Design by making color or size changes, making derivative works of the Design, using the Design on the WEBSITE.com website and on promotional material for WEBSITE.com, and registering the Design with the US Copyright Office in the name of PARENTCORP LLC as the Claimant, and you as the Author. You agree to provide WEBSITE.com with minimal information as may be required in order to register the copyright in the Design if WEBSITE.com so requests, at no cost.
You may use or continue to use the Design for any other purposes, except those described below.
If your Design is selected, you may not use the Design (or derivatives of the Design) or allow others to use the Design (or derivatives of the Design) on any Items, as described above. In addition, by submitting your Design, you may not reproduce, sell, or submit the Design to others for any commercial purpose for ninety (90) days after the date of submission while the Design is being evaluated by WEBSITE.com. Once the ninety (90) days have passed, if your Design is not chosen for print by WEBSITE.com, you are free to use the Design for any commercial or non-commercial purpose. However if your Design is used elsewhere, you must notify WEBSITE.com by email [email protected] about where and when the Design will be used, so that it can be removed from the WEBSITE.com website at that time. In addition, if the Design is used or reproduced for commercial purposes elsewhere, you cannot use the WEBSITE.com blogs to promote the Design or the company using the Design. You further agree not to use the WEBSITE.com blogs to promote the products and services of any company that operates in competition with WEBSITE.com. WEBSITE.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 commercial purposes on any Items, as described above.
You acknowledge that the Design you are assigning to WEBSITE.com 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, or any material, which WEBSITE.com in its sole discretion, deems to be profane or offensive.
You acknowledge that WEBSITE.com 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 WEBSITE.com website, which are subject to change at any time.
If your Design is selected for use by WEBSITE.com, you will receive: $2000 cash and a $500 WEBSITE.com Gift Certificate, $200 of which is recommended to be used for a 12-month club subscription. Additionally, you will receive $500 cash each time your Design is reprinted. WEBSITE.com reserves the right to change these payment terms at any time, by posting them on the WEBSITE.com website, and changes will be effective upon posting. Payment will be based on the terms in effect when your Design is selected. You alone will be responsible for the payment of any tax that arises as a result of receiving payment from WEBSITE.com. Payment will be sent within ninety (90) days after WEBSITE.com receives hi-resolution artwork deemed suitable for print. If the hi-resolution artwork is not deemed suitable for print as determined by WEBSITE.com, WEBSITE.com will notify you of the reason(s) for its determination by email and will make a good-faith effort to assist you in presenting a suitable hi-resolution format.
Participants, who in the opinion of WEBSITE.com, do not comply with these Design Submission Legal Terms and Conditions, or for any other reason at WEBSITE.com"s sole discretion, can at any time be excluded from consideration without notice.
The decisions of WEBSITE.com are final and binding.