Design Submission Terms & Conditions

By submitting your design (the “Design”) to Noblestitch.com you express your intention to use the services offered by Indigo Socks, LLC, its affiliates and parents (collectively “Indigo Socks”), which include the potential marketing and advertising of your Design, and the potential manufacturing, distribution, and sale of your Design, and you agree to the following terms and conditions (the “Design Submission Terms and Conditions”):

 

  1. Entry Period: The entry period (the “Entry Period”) for submitting designs will vary according to the particular design campaign, and will be clearly identified under the Submit a Design page on Noblestitch.com.  One or more design campaigns may be underway at any given time.
  2. Overview: During the Entry Period, an entrant may create and submit up to six (6) designs per design campaign.Designs will be voted on by users on Noblestitch.com. Eligible Entries (defined hereinafter) will be evaluated by Indigo Socks based on, but not limited to, popularity as determined by voting results through Noblestitch.com, artistic appeal, creativity and suitability for Indigo Socks customers.  Multiple designs from each design campaignmay be selected for production, marketing, distribution and saleby Indigo Socks (the “Successful Designs”).  All decisions regarding selection of Successful Designs shall be in the sole discretion of Indigo Socks.  Entrants that submit Successful Designs will receive compensation as further described and may be required to complete additional documentation verifying their agreement and compliance with the Design Submission Terms and Conditions.
  3. Eligibility: Entrants must be at least thirteen (13) years of age or older at time of entry. Entrants who are at least thirteen (13) years of age at time of entry but have not yet reached the age of majority in the jurisdiction in which they reside will need to obtain permission from their parent/legal guardian in order to submit a Design and in such caseparent/legal guardian will be responsible for compliance to these Design Submission Terms and Conditions.  VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
  4. How to Submit a Design:Visit Noblestitch.comand submit up to six (6) designsper design campaignthrough the Submit a Design page where specific instructions are included.  To submit a design entrants must register and set up a profile page, which will be available on Noblestitch.com.  Registration and setting up a Design page is free.

 

  1. Eligible Entries:  All Designs submitted in accordance with these following rules shall be collectively hereinafter referred to as the “Eligible Entries.”  Each design campaign may have additional rules or requirements which may be listed on the Submit a Design page, but the following rules and requirements will apply to all Designs:

a)    Use of maximum of six colors

b)    Use of solid colors only

c)    No shading, blending or half tones

d)    The Design must constitute a completely original work by the entrant(s) (e.g., the Design must not have been previously released commercially, taken or composed, in whole or in part, from any other source other than the entrant, commissioned, developed or produced for any commercial enterprise and must not contain images, characters, graphics, or other elements which have been created, developed, copyrighted, trademarked and/or patented or which are owned or subject to proprietary or licensing rights of or by an entity other than entrant(s) personally and in their individual capacity(ies))

e)    Design must not be inappropriate, offensive or obscene, which will be determined by Indigo Socks in its sole discretion

 

6. Compensation:  Entrants that submit Successful Designs will receive the following compensation for each Successful Design:

a)    Five hundred U.S. dollars (USD$500)

b)    Fifty cents (USD$0.50) per unit soldon Noblestitch.com

c)    Twenty-five cents (USD$0.25) per unit sold outside of Noblestitch.com

 

Compensation is subject to change and is conditioned on Entrant’s sole ownership of the Successful Design and full compliance with the Design Submission Terms and Conditions.  Entrants will not receive, and Indigo Socks shall not have any obligation to pay, compensation for use of portions or elements of an Entrant’s Design; only use of the Successful Design in its entirety will merit compensation as identified above.  Units with a Successful Design that are distributed for promotional purposes, or for which Indigo Socks does not receive monetary payment, shall not be considered “sold” and entrant shall receive no compensation for such units.

 

Entrants agree that Indigo Socks will be responsible for and handle all aspects of the marketing, advertising, sale and production of any product bearing the Successful Design.  All decisions regarding compensation or the marketing, advertising, sale and production of any product will be made by Indigo Socks in its sole discretion.

 

7. Restrictions:  On certain limited occasions Indigo Socks may include a Design in miscellaneous items such as, without limitation, calendars or books that promote the Noble Stitch brand.  Entrants of a Design will not be compensated any amount for such use.

 

8. Payment Mechanism:  Subject to these Design Submission Terms and Conditions, all payments for a Successful Design will be made on a quarterly basis within 45 days after the end of each quarter ending March 31st, June 30th, September 30th, and December 31st of each year, beginning with the first quarter in which payments become due.  All payments will be made by Indigo Socksthrough Paypal and you are required to provide Indigo Socks with your Paypal account information in order to receive your compensation.  Entrants that receive compensation are solely responsible for any and all taxes that arise as a result of receiving any payment from Indigo Socks, its subsidiaries, related companies, partners, or licensors.

 

9. Designer Profile Page:  A profile page for each entrant will be available on Noblestitch.com.  Content in this profile page is to be provided by the entrant and must not contain indecent, obscene, or hateful language or inappropriate images and must comply with all other terms herein, including the Website Terms of Use.Indigo Socks reserves the right to remove any account and/or Design submission from its site at any time, and in Indigo Socks’ sole discretion.

10. General Conditions: 

a)  The Design is your own original work and does not contain any trademarks, logos, copyrighted material, any other intellectual property belonging to any third party, or content subject to a third party’s right of publicity or privacy.

b)  The Design does not infringe any rights (including but not limited to copyright) of any third party.

c)  This is a legal, binding agreement. You represent and warrant that you have the full right, power and authority to enter into this agreement, agree to the Design Submission Terms and Conditions, and that your agreement to them does not violate any other agreement you have entered into with a third party.

d)  As between you and Indigo Socks, you own and will maintain ownership of the Design. Indigo Socks does not and will not own the Design because of your submission of the Design.

e)  By submitting the Design, you hereby grant Indigo Socks a worldwide, irrevocable, non­exclusive, right and license to use, upload, modify, reproduce, copy, exhibit, create derivative works of, distribute, sell, advertise, and display the Design, in any manner now known or hereafter devised. This license may be sub­licensed by Indigo Socks to others. You waive any “moral rights” you may have in the Design.

f)   If an Entrant’s Design is selected as a Successful Design, Entrant hereby agree to grant Indigo Socks an exclusive, worldwide, irrevocable, right and license to use, upload,modify, reproduce, copy, exhibit, create derivative works of, distribute, sell, advertise, and display the Successful Design, in any manner now known or hereafter devised solely in connection with socks, clothing, apparel and related accessories. This license may be sub­licensed by Indigo Socks to others. You waive any “moral rights” you may have in the Successful Design.

g)  You also grant Indigo Socksa worldwide, irrevocable, non­exclusive, right and license to use, portray, display and publish your name, appearance, likeness, photographic image, and biographical information, in any and all media now known or hereafter devised. This license may be sub­licensed by Indigo Socks to others.

h)    By submitting a Design, you warrant and represent that you consent to the submission and use of the Design in the design campaign, and to its posting on Noblestitch.com and/or any other site as determined by Indigo Socks.  You also acknowledge and agree that Indigo Socks may alter, modify or otherwise change the Design as necessary for manufacture, advertising or as otherwise deemed necessary by Indigo Socks.

i)    You agree that Indigo Socks is not responsible for any liability, loss, or damage arising from your participation in any design campaign or submission and/or use of your Designand, without limiting the foregoing, Indigo Socks expressly disclaims all consequential damages arising therefrom.  If notwithstanding the foregoing, Indigo Socks is held responsible for any liability, loss or damage, such amount will not exceed, in the aggregate, the compensation due you for a Successful Design under the Design Submission Terms and Conditions.  You also agree to defend, indemnify and hold harmless Indigo Socks, including Indigo Socks’ sublicensees (each an “Indemnified Party”) from and against any and all claims, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising out of or relating to an Indemnified Party’s use of the Design (including reproducing, distributing, adapting, and displaying the Design) and/or a breach or alleged breach of the Design Submission Terms and Conditions by you.

j)    You acknowledge that Indigo Socksmay decidenot to market or advertise the Design, or remove the design from Noblestitch.com, and that this can be done for any reason, at any time, and in Indigo Socks’ sole discretion. You agree that the decisions of Indigo Socks are final and binding.

k)  Indigo Socks may, in its discretion, change these Design Submission Terms and Conditions at any time and such changes shall be effective immediately and incorporated into this Agreement. It is your responsibility to review any changes to the Design Submission Terms and Conditions. No modification of this Agreement by you shall be binding unless confirmed in writing by Indigo Socks.

 

If any person believes that their work has been copied and is incorporated into a Design submitted by another they can notify Indigo Socks and provide all relevant information, including the work claimed to be infringed and a description of the Design and claimed to be infringing.

By submitting your Design, you acknowledge that you have read and agree to these Design Submission Terms and Conditions, as well as the Terms of Use and Privacy Policy for the Noble Stitch Website. Your agreement with Indigo Socks is governed by the laws of the State of Connecticut without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located in New Haven County, Connecticut, in connection with any dispute arising from this Agreement.The Design Submission Terms and Conditions, including the Terms of Use and Privacy Policy referenced herein, constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede all previous agreements, written or oral between us. Our failure to exercise any right under these Terms of Use will not be construed as a waiver of such right, nor will it in any way affect our other rights hereunder.  Any conflict between the Terms of Use for the Noble Stitch Website and the Design Submission Terms and Conditions shall be resolved in favor of the Design Submission Terms and Conditions, but only with respect to your Design submission.

Please contact us with any questions regarding the Design Submission Terms and Conditions at support@noblestitch.com.