Hat Contest Terms and Conditions
Last Revised July 2018
DesignByHümans reserves the right to make necessary minor adjustments or changes to submitted designs in order to conform artwork to manufacturing requirements.
DesignByHümans 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.
Artist maintains all rights to submitted designs and DesignByHümans does not require exclusivity of the design.
If artist's work is selected as a grand prize winner, or runner-up winner in the DesignByHümans Hat Design Contest, artist agrees to allow DesignByHumans to sell the artwork for one year (or 365 days) beginning on August 1, 2018. If the participant is not agreeable to this, the participant should not submit designs to DesignByHümans Hat Design Contest.
If artist's work is selected as a grand prize winner, or runner-up winner in the DesignByHümans Hat Design Contest, the artist will receive the contest prize as well as the standard DesignByHümans royalty rate for every product sold.
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.
DesignByHümans 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 DesignByHümans Hat Design Contest and posted to the website may be removed from the contest and website at anytime prior to voting ending at the sole discretion of the DesignByHümans staff.
Winning swimsuits are determined by a combination of voting results, participant comments, DesignByHümans staff and/or guest judges.
Contest prizes are as follows:
- 1st Place
$350 - 2nd Place
$250 - 3rd Place
$100
Your cash prize for the Hat Design contest will be transferred to you within five (5) business days from the day your winning design is announced on our site.
Terms of Submission
Last Revised July 2018
- 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 DesignByHümans, Inc. ("DBH").
- The DesignByHümans Contest (hereinafter "the Contest") is the competition as described in the DesignByHümans 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 fees) 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 the DBH's Hat Design Contest, 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.
- 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.
- DBH shall use reasonable efforts to ensure that the use of the Design in the Product is accompanied by a reasonable credit to you
- 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.