Design Dash Rules

You will be paid a flat fee for commissioned sales. We pay most US residents using Direct Deposit. Direct Deposit is also available to many of our international artists. If you’re not in a qualifying country we can also cut you a check. Qualifying participants must live in the United States, Canada, and the United Kingdom.Before we can pay you, we’ll need you to do some paperwork. If you’re a U.S. citizen, we’ll need a W9. If you’re from the rest of the world we’ll need a W8 to let the feds know you’re not required to pay US income tax. Either way, we’re not withholding any tax.

How does copyright work?

You always own the copyright on the design, but in some cases of an exclusive design, we’ll may decide to file a formal copyright to protect your design from all those intellectual property pirates (and ninjas) that are lurking around the Internet. Don’t worry, our filing this copyright doesn’t in any way alter your ownership of the design. You’ll hear from us if we decide to file formally, but even if we don’t you’re protected. Be sure to let us know at co*******@********ma.com if you see an instance of somebody ripping off your design. We relish the opportunity to pursue anyone who infringes on your intellectual property. Give us an excuse, scumbags. Just give us an excuse.

First place winners will be determines by Colorkarma and Gerber Technology, a Lectra company. Gerber Technology and Colorkarma will choose the best design from as aesthetic and production standpoint.Second, third and fourth place winners will be determined by the number of votes for their designs.

Colorkarma registered users are eligible to vote once a day. We need you to register to validate you are human and not an evil bot. Qualified Colorkarma users can click the “I Love it” button for as many designs as they want, but only once per design per day. And you can revoke your votes at any time before the close of voting by clicking “Take It Back” in the same location where you previously clicked “I Love It”. Also, those who submit designs are prohibited from obtaining votes by any inappropriate means, such as offering prizes or other inducements to Colorkarma users. These types of votes or any automated or other improper votes don’t count.

Colorkarma is not producing the design. Our lovely partner, Gerber Technology, a Lecra Company, will produce them in their innovation center. To answer the question though, generally, yes. Unless:

• We determine that the design contains elements created and/or owned by someone other than the designer or Colorkarma, or that would otherwise infringe on the intellectual property rights of third parties (such as trademarks or logos);
• We determine that the design’s content is offensive or obscene;
• We determine that the design defames, misrepresents, or contains disparaging remarks about other people or companies;
• We determine that our staff and equipment cannot produce the design due to technical or physical limitations;
• We determine that the designer, or someone else, cheated to rig the number of votes received in this design’s favor or otherwise received votes improperly;
• We determine that design is not exclusive to Colorkarma – i.e., the designer (or a designate) has previously produced and distributed this design, or one substantially similar;
• We determine that the entry does not fulfill that week’s Competition theme;
• We determine that the design involves Colorkarma logos, lore, inside jokes, etc.;
• The design are printed on one side.
• We determine that the design is in violation of Colorkarma’s policies and practices in some way other than those specified here.

Designs that run afoul of these guidelines can be disqualified if we feel like it. Additionally, we reserve the right to make changes to any design for production purposes – for instance, reducing 7 colors to 6, or changing the color if it’s one that we don’t have access to. If you’re a designer who’d be offended by us fiddling with your submission, make sure it follows our technical requirements.

If you spot a design submission that appears to have been borrowed, copied, shamelessly stolen from some other source, or you believe a design infringes on the intellectual property rights of a third party, you can report it to your friendly Competition-meisters by going to the offending design’s vote page (by clicking on the design image) and clicking the red “TATTLE ON THIS” button in the upper right corner. When tattling, don’t forget to provide specific examples or links to the original work.

We all make mistakes, especially you. So we’ll give you 24 hours from the time you submit your design to remove it from consideration. After that, it’s all ours. We do this so our voters can be reasonably sure their votes and attention won’t be wasted on designs that vanish at the last minute.

All designers will retain ownership of any design submitted in the competition (even if your design was selected as a winner or Honorable Mention), however, by participating in the Competition, you grant to us, Colorkarma and Gerber Technologies, a Lectra company, a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, unconditional and transferable license to sell, edit, modify, add to, delete from, reproduce, modify, copy, publish, post, display, adapt, exhibit and/or otherwise use or reuse any design submitted

We will not be held responsible for any late, misdirected, incomplete, undeliverable, garbled, or stolen designs or votes; or for any typographical, printing, human, mechanical, electronic, network, computer, or other errors relating to or in connection with the Competition such as errors or problems that may occur with the administration of the Competition, the processing or judging of designs, the incorrect uploading of design, the determination of the winners, the tabulation of votes, or in any other Competition-related materials.We are not responsible for lost, interrupted or unavailable computer, network, server, Internet Service Provider (ISP), satellite, telephone, cable transmissions or for electronic, website, telephone lines, or other connections, availability or accessibility or miscommunications or telephone malfunction or error, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, including inability to access any website associated with the Competition.We may disqualify anyone from participating in the Competition or winning if we determine that such person is attempting to undermine the legitimate operation of the Competition by cheating, deception, or other unfair playing practices, or intending to annoy, abuse, threaten or harass any other participant. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. We also reserve the right in our sole discretion to cancel or suspend any portion of the Competition should any cause corrupt the administration, security, or proper execution of the Competition.

You agree to indemnify, defend and hold harmless Colorkarma, its officers, directors, employees, agents, and third parties, including Gerber Technology, a Lectra company, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. Colorkarma reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Colorkarma in asserting any available defenses.

In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Colorkarma agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

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