Quiksilver Design A Difference Contest Terms & Conditions
Design By Humans Daily Contest Terms and Conditions
Last Revised February 2, 2009
All submitted designs are limited to a maximum of eight (8) colors not including the color of the shirt.
Shirt color for all printed designs is limited to the color offering currently available on DesignByHumans and is subject to change at any time according to availability.
DesignByHumans reserves the right to make necessary minor adjustments or changes to submitted designs in order to conform artwork to manufacturing requirements. DesignByHumans also reserves the right to make any other final decisions pertaining to a design's ink colors, sizing, placement, appliqué, or embroidery.
All submitted designs must be the original work of the participant.
Works previously published in any location other than DesignByHumans may not be submitted.
Submissions may not contain any intellectual property of any third party such as logos, trademarks, service marks or copyrighted material, unless we provide them to you for use in a specific contest. Please remember, although we may provide logos, trademarks, services marks or copyrighted materials to you, you may not manufacture, distribute or sell any products whatsoever that incorporate any such materials or otherwise refer to any band or celebrity that may be the subject of a contest: subject only to these rules and the “Terms of Submission” set out below, all laws and regulations governing intellectual property, privacy rights and rights of publicity of third parties apply.
DesignByHumans reserves the right to reject any submission that it deems in its sole discretion to be vulgar, profane, offensive, or inappropriate.
Designs accepted into the DesignByHumans contest and posted to the website may be removed from the contest and website at anytime prior to voting ending due to poor performance or at the sole discretion of the DesignByHumans staff.
All submitted designs become temporary property of DesignByHumans.com for a period of 120 days from the date of submission upon the terms set out in this paragraph. So during that period the participant should not use the designs in a manner contrary to this paragraph. If the design is printed within the 120 day period, the participant understands and agrees that DesignByHumans.com then retains permanent exclusive rights to that design for commercial use on apparel and other promotional products (subject to the payment terms set forth in these terms and conditions), and the participant hereby irrevocably assigns such rights to DesignByHumans.com. If the participant is not agreeable to this, the participant should not submit designs to DesignsByHumans.com. If a design is not printed by DesignByHumans.com within the 120 day period, the participant automatically retains full rights to their design and may elect to have their design removed from the DesignByHumans.com archives by contacting art@designbyhumans.com.
Submitted designs are eligible for the following awards:
- Shirt of the Day
- Shirt of the Week
- Shirt of the month
- Rock Star Awards (Rock Star Residuals)
*Rock Star Awards do not apply to special contests where DBH has partnered with a third party.
Winning shirts are determined by a combination of voting results, participant comments, DesignByHumans staff and guest judges.
Contest prizes are as follows, except where otherwise indicated on Special Contest landing pages:
Shirt of the Day
$500.00 (USD) and $250
of DesignByHumans store credit.
Shirt of the Week
$1,000.00 (USD).
Shirt of the Month
$1,500.00 (USD) and
$250 of DesignByHumans store credit.
Rock Star Awards (Rock Star Residuals)
$0.50 (USD) per shirt sold (including both online and offline sales of design) and paid out at the following benchmarks:
1,000 total shirts sold
will trigger a payment of $500 USD
2,000 total shirts sold
will trigger a payment of an additional $500 USD
3,000 total shirts sold
will trigger a payment of an additional $500 USD
5,000 total shirts sold
will trigger a payment of an additional $1,000 USD
10,000 total shirts
sold will trigger a payment of an additional $2,500 USD
*Rock Star Awards do not apply to the winners of any Special Contests where DBH has partnered with a third party.
Your cash prize and store credit will be transferred to you on the day your winning design is announced on our site. The cash portion of your prize is sent via PayPal.
Terms of Submission
Last Revised February 2, 2009
By selecting the “I Accept” button, you are agreeing to the following terms, which serve as a binding agreement (hereinafter “the Agreement”) between you and Design by Humans, Inc. (“DBH”).
- The Design by Humans Contest (hereinafter “the Contest”) is the competition as described in the Design by Humans Contest Rules.
- By submitting any word, combination of words, symbol, slogan, photographic image, graphic design or any other type of design (hereinafter collectively referred to as “the Design”) for consideration in the Contest, you represent and warrant to DBH that you have the right and authority to convey the rights granted hereunder; that the Design is original and free and clear of any encumbrances or liens and is not subject to any third-party agreements or arrangements that would interfere with their use; that the Design is not libelous, slanderous, obscene, and does not plagiarize; and that the exercise of rights herein granted will not infringe upon any copyright, right of privacy or any other rights whatsoever of any third party. You shall hold DBH harmless and shall indemnify DBH for all costs and expenses (including reasonable attorney fee's) in the event of a breach of any of the foregoing warranties or representations. These warranties and representations do not extend to any material not furnished by you.
- If your Design is selected as the winner of a DBH Award—which includes, but is not limited to, the “Shirt of the Day,” the “Shirt of the Week,” the “Shirt of the Month,” or the “Rock Star Award” as these awards are defined in the Design by Humans Contest Rules, or any other promotional award(s) that may from time to time be offered by DBH, and that result in the publishing and/or dissemination of your Design by DBH--in consideration for the prizes offered in connection with the various DBH Awards, which prizes are set forth in the Design by Humans Contest Rules, you hereby grant to DBH, its licensees and assignees, an exclusive right to: (1) reproduce the Design or any parts, alterations or derivatives thereof, in any media or embodiment now known or hereafter to become known (the Products); and (2) publicly display, perform or exhibit, or distribute the Design, as part of the Products, in any way now known or hereafter to become known including without limitation by transmission, broadcast, or electronic communication.
- If your Design is not selected as a winner within 120 days you may request the removal of your Design from the archives section of the website by emailing service@designbyhumans.com.
- Without limiting other remedies, DBH may at its sole discretion remove any Design from publication and/or dissemination if it thinks that the Design is creating problems, possible legal liabilities, or is inconsistent with the letter or spirit of DBH’s policies, including poor design.
- The Design may be modified in any way whatsoever, used as a basis for additional illustrations or images (whether or not by you), and the Design and any modifications or derivatives thereof may be digitized without any additional approval being required of you, with the exception that you shall be shown such modifications and derivatives and shall have a right to withdraw use of your name as a credit. You hereby waive any and all attribution and integrity rights with regard to the Design whether arising under the law of any state of the United States, United States federal law, or the law of any other country.
- DBH shall use reasonable efforts to ensure that the use of the Design in the Product is accompanied by a reasonable credit to you (subject to your right to withdraw such credit as discussed above).
- This Agreement, in whole or in part, may be freely assigned by DBH. You may not assign this Agreement in whole or in part without the prior written approval of DBH.
- 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 of you and DBH with respect to the subject matter hereof and with respect to the matter contained herein and supersedes 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 California, 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 California, or the United States District Court for the District of California, 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.
- No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
- Nothing herein shall be construed as an obligation of DBH to manufacture and/or disseminate any specific quantity of Product containing the Design. All manufacturing, dissemination and marketing decisions regarding each Design are left to the sole discretion of DBH.