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When you submit a design (the “Design”) to fanthreads.com (owned by 36Sullivan LLC) you agree to be bound by the terms and conditions set out below. If you do not agree to these terms and conditions your submission will be invalid.

1. Entrants must be 16 years of age or above. 36 Sullivan LLC reserves the right to withdraw or cancel any submissionby an entrant who cannot provide to36 Sullivan LLC suitable evidence of age in a form acceptable to 36 Sullivan LLC.

2. You may submit a Design only by using the design template provided by 36 Sullivan LLC (downloadable from the fanthreads.com website) and by complying with the design rules and conventions set out on the website. Any failure to do so shall entitle 36 Sullivan LLC to reject your submission although conditions 12 to 18 (inclusive) shall still apply to the Design submitted.

3. Unless36 Sullivan LLC determines otherwise, the Designs submitted will be posted on the Fan Threads.com website for rating for a period set by 36 Sullivan LLC in its sole discretion (normally of thirty days but in some cases a shorter or longer period. ) 36 Sullivan LLC is not obliged to accept any entry, and may in its sole discretion reject any entry. 36 Sullivan LLC shall be entitled to edit any comments submitted by you along with the Design.

4. Printed design will be selected on a regular basis by the judges selected by 36 Sullivan LLC in its sole discretion. The criteria for a printed design will be assessed on a combination of factors including (but not limited to) the rating of votes cast for each design and the comments made by voters for each design.

5. The judge s’decision on all matters relating to the winning design is final.

6. Design printed on the 36 Sullivan LLC tee-shirt which will normally be available for sale the following month (or in such later month as 36 Sullivan LLC deem appropriate).

7. The winning designer will be notified by e-mail. The prize(s) payable to the winning designer will be clearly stated on the fan threads.com site. Prizes may vary in 36 Sullivan LLC discretion and 36 Sullivan LLC reserves the right to substitute prizes of equivalent nature and/or value for the prizes mentioned on the fan threads.com site. If the section of the fan threads.com site relating to the relevant design does not specify a particular prize, the following provisions shall apply:

1. The winning designer will receive either 20% or 40% of the net profit from the particular design for the lifetime of the shirt.

Payments shall be made at intervals no more regularly than quarterly. An equivalent value in fan threads.com . 36 Sullivan LLC shall pay any sum due by check by posting a check payable to the name entered by the winning designer to the postal address submitted by him/her. Time of payment shall not be of the essence and to avoid incurring unnecessary administrative costs 36 Sullivan LLC may delay payment until such time as a sum of $250 or more is due to the designer. 36 Sullivan LLC may set-off any sum due to it by the designer against any sum due to be paid by it to the designer.

8. If your Design is printed, you agree that your submission of that Design constitutes an assignation to 36 Sullivan LLC of all Rights in that Design (the winningDesign”). 36 Sullivan LLC will own exclusively all Rights and shall not be limited in any way in its use, for commercial or other purposes, of any winning Designs. All winning Designs shall become and remain 36 Sullivan LLC property. However, if in time you wish to use the winning Design for commercial purposes yourself, 36 Sullivan LLC will always act positively towards any proposal by you to use the winning Design for commercial purposes and act reasonably in negotiating an agreement on suitable terms for such use by you.

9. For the purposes of these terms and conditions, “Rights” shall mean all rights, title and interest in and to any copyright, inventions, discoveries, trade names, trade marks (registered and unregistered) designs and design rights (registered and unregistered), badges of trade, get-up, and any other intellectual property rights of a cognate or similar nature arising anywhere in the world in the Design.

10. To the extent that any Rights in winning Designs do not automatically vest in 36 Sullivan LLC by operation of law, you shall hold such Rights on trust for 36 Sullivan LLC and shall assign such Rights to 36 Sullivan LLC on demand. You shall at the request of 36 Sullivan LLC do all acts and execute all such further documents, forms and authorizationsas may be required to vest the Rights in winning Designs in 36 Sullivan LLC. You irrevocably appoint to be your attorney or agent in your name and on your behalf to do all such acts and things and to sign all such documents and forms as may be necessary in order to vest the Rights in winning Designs in 36 Sullivan LLC. You also agree that, with respect to any third party, a certificate signed by any duly authorizedofficer of 36 Sullivan LLC that any act or thing or document or form falls within the authority hereby conferred shall be conclusive evidence that this is the case.

11. You waive your whole moral rights in any winning Design of yours. You may however display or archive any winning Design in a portfolio or personal collection. Unless you have agreed otherwise (as mentioned in condition 9), you may not sell or reproduce the winning Design for commercial purposes (which would include but are not limited to selling or commercially licensing the winning Design or derivatives of the winning Design).

12. By submitting a Design, you agree that (whether or not that Design is printed), 36 Sullivan LLC may use that Design in promoting or advertising future Competitions or the business operated through fan threads.com, including but not limited to featuring it on fan threads.com and in any promotional emails, bulletins, leaflets, flyers, posters and/or other advertising or marketing materials. However, unless otherwise agreed with you 36 Sullivan LLC shall not be entitled to sell any tee-shirts which feature that Design or make any other use of the Design except as set out in this condition.

13. By submitting a design you warrant that no Design or comments submitted by you to fan threads.com will violate any right of any third party, including but not limited to their copyright, trademark, design right, privacy or other personal or proprietary right(s) whether registered or unregistered and that the Design has not previously been submitted to any other competition. Any comments you submit may be used by 36 Sullivan LLC in promoting or advertising future designs or the business operated through fan threads.com

14. You warrant that:- (a) you are the owner of the Rights; (b) you have not created the Design as an employee in the course of your employment; (c) the Design is entirely your own original work; (d) you have full power and authority to enter the design on these terms and conditions and have not assigned or granted a licence of the Rights to any third party; and (e) you shall do nothing to prejudice or threaten the validity of the Rights.

15. You warrant that no comments or Designs submitted by you will be or contain defamatory or otherwise unlawful, abusive, offensive or obscene material

16. All Designs and comments are accepted in good faith and 36 Sullivan LLC will not be deemed liable for any damages incurred to any third party by the publication or production of your design.

17. You are and shall remain solely responsible for the content of any Designs or comments you submit.

18. You agree to indemnify 36 Sullivan LLC and keep 36 Sullivan LLC indemnified fully against any and all loss, injury, damage, costs or expenses incurred by 36 Sullivan LLC as a direct or indirect consequence of your breach of these terms and conditions.

19. If 36 Sullivan LLC in their sole discretion find that these terms and conditions have been breached 36 Sullivan LLC may at any time withdraw from the site the Design and/or comments submitted by you. In the event that a Design has been a winning design and prize money has been paid you shall immediately repay all such money to 36 Sullivan LLC, which shall be entitled to take all appropriate steps to recover such money and you agree that you will be liable for any cost incurred in the production of the tee shirts and subsequent loss of sales. 36 Sullivan LLC shall be entitled to retain your details and refuse or cancel any subsequent design entry made by you.

20. You will be asked if you wish to provide biographical information about yourself and your contact details for publication on the an threads.com website. If you do provide biographical information and contact details you warrant that they are accurate and complete and give your express permission that they may be posted by 36 Sullivan LLC on the website for a period of time determined by 36 Sullivan LLC. 36 Sullivan LLC shall be entitled to edit your biographical information and contact details.

21. Your contact details will be used by 36 Sullivan LLC to run the design, for the administration of sales of teeshirts to you, and to provide you with details of goods and services provided by 36 Sullivan LLC. Your biographical information may be used by 36 Sullivan LLC for its own internal business planning purposes, and in promoting or advertising future Competitions or the business operated through fan threads.com. 36 Sullivan LLC will not sell your biographical information or contact details to any third party.

22. 36 Sullivan LLC will not be held responsible for any problems arising from the provision or publication of these details or from contacting anyone via details provided on the web site.

23. Except for any liability which cannot be excluded or limited under applicable law, 36 Sullivan LLC, the judges and any other party involved in operating fan threads.com, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in delict (including without limitation negligence), contract or otherwise) in connection with the Competition in any way.

24. The Competition and these terms and conditions shall be governed by and construed in accordance with IL law. Disputes arising in connection with the Competition and/or these terms and conditions shall be subject to the exclusive jurisdiction of the courts.

 
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