American Apparel is proud to be making our products in the USA. It’s ingrained in our DNA and something that we are very passionate about. We are excited to support small US accessory manufacturing projects by selling your products online and in our 200+ stores globally. We’re looking for leather goods, canvas goods, footwear, jewelry, paper goods, fragrances, small home furnishings and more.
Product must: Be "Made in the USA”, retail for $100 or less and vendor must be able to ship 500 units within a 30-day period
Show us what you do. To earn the opportunity of a lifetime and jumpstart your business, create a video up to 60-seconds in length that displays your 'Made in the USA' product or upload an existing video of your company by clicking the 'Create It' button.
We want to buy 500 units of your “Made in the USA” product to sell online and in our retail stores globally. We are hoping to select as many as 15 submissions for further discussions. Submissions will be selected based on a variety of factors, including voting and the advice of our expert panel.
*Amount assumes an initial purchase of 500 units, with an average payment by American Apparel of $40 per unit. Terms regarding this initial purchase and subsequent transactions with American Apparel are subject in all respects to future negotiations and discussions with American Apparel.
“Made In” Open Call
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO HAVE YOUR MERCHANDISE CONSIDERED. THIS IS NOT A CONTEST OR SWEEPSTAKES. THERE ARE NO PRIZES FOR PARTICIPATION IN THIS OPEN OPEN CALL. AMERICAN APPAREL (USA), LLC RESERVES THE RIGHT TO SELECT SOME, ALL, OR NONE OF THE ENTRIES. ANY SELECTION IS SUBJECT TO NEGOTIATIONS OF A DEFINITIVE CONTRACT.
1. SPONSOR: American Apparel (USA), LLC, with offices at 747 Warehouse Street Los Angeles, California 90021 (“Sponsor”) is the sponsor of an open sourcing call for merchandising ideas and proposals (the “Open Call”). This Open Call is in no way sponsored, endorsed or administered by, or associated with, YouTube or Facebook.
2. SELECTION OF SOURCES: Through the Open Call, Sponsor is inviting interested parties (each, and “Entrant”) to submit proposals to sell their merchandise (“Proposed Merchandise”) directly to Sponsor, for ultimate resale in Sponsor’s ecommerce and retail stores. Sponsor will review responses to the Open Call and, in its sole and absolute discretion, determine whether Sponsor wishes to pursue discussions with such Entrant regarding the terms and conditions for a future business relationship surrounding or involving the Proposed Merchandise. There is no cash value associated with selection of an Entrant. This Open Call has not been previously offered. An Entrant may not assign or transfer its submission. Whether an Entrant is selected to negotiate future terms with Sponsor will be determined in Sponsor’s sole discretion.
3. HOW TO PARTICIPATE: To participate in the Open Call, an Entrant must complete the following steps before June 17, 2016.
a. Upload a video (a “Submitted Video”) to YouTube, Facebook, or Vimeo that is up to 60 seconds in length and that depicts and promotes the Proposed Merchandise, with the following title: “American Apparel Made In: [insert Entrant’s name]”.
b. Register and provide a link to the YouTube video at the Open Call website, www.americanapparel.create.it.
By participating according to the steps set forth above, Entrant accepts, agrees, and acknowledges the terms and conditions set forth herein.
Submitted Videos should only contain the image of the Entrant, the Proposed Merchandise, and any other images for which the Entrant has permission to use.
By submitting a Submitted Video, each Entrant grants to Sponsor an irrevocable, perpetual, worldwide non-exclusive license to reproduce, distribute, display and create derivative works of the Submitted Video (or anything appearing therein), including the name, image and likeness of Entrant or any designs or ideas appearing in the Submitted Video, for all purposes and uses, including, without limitation, connection with the production or sale of any goods, promotion of the Open Call or of Sponsor, in any media now or hereafter known, including, but not limited to: printing on apparel, fabrication of goods, or display on Sponsor’s website, social media, promotions (including via social media channels, Facebook, Instagram, YouTube, Snapchat, Vine, and Pinterest), email marketing, use in store (including for display on monitors, posters, or print) or any other digital or other media. Further, by entering, each Entrant consents to Sponsor doing or omitting to do any act that would otherwise infringe the Entrant’s “moral rights” in the Submitted Video. Display or publication of any Submitted Video on Sponsor’s website or otherwise does not indicate that Sponsor will seek to negotiate a contract with Entrant. Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with such use, it being understood by each Entrant that the sole consideration exchanged for the license granted hereunder is the exposure that Entrant will receive from being associated with the Open Call and with Sponsor. Additionally, by participating, each Entrant grants to Sponsor the unrestricted right to use all statements made by Entrant in connection with the Open Call. Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with such use.
By participating in the Open Call, each Entrant agrees to be bound by these Rules and represents and warrants that: (a) the Submitted Material will be his/her original and independent creation; (b) he/she will be the sole creator of the Submitted Video and will own all right, title and interest (including all copyrights) in and to the Submitted Video and all portions and elements thereof; (c) the Submitted Video will not use, contain or depict any third-party copyrighted material or content, including, without limitation, music, audio/visual works, graphics, artwork, works of visual art, text, script, dialogues, and thematic material; (d) except as specifically designated by Sponsor, the Submitted Video will not depict or refer to any identifiable product, service, business or company name, mark, brand, logo or slogan, or any identifiable product, service, business or company image or description; (e) the Submitted Video will not contain any defamatory, libelous, illegal, obscene, sexual, violent or abusive material or content (including language used in the Submitted Material); and (f) neither the Submitted Video nor any material or content contained therein has previously been published, exhibited, distributed or commercially exploited in any form or medium by anyone.
4. SELECTION: Sponsor may, in its sole discretion, attempt to negotiate a contract with one or more Entrants (such Entrants, the “Selected Entrants”). The selection of an Entrant for negotiations does not mean that Sponsor or its affiliates will agree to a contract with a Selected Entrant. The terms and conditions of any contract must be acceptable to Sponsor in its sole discretion. Sponsor is not required to choose any Selected Entrants.
5. ADDITIONAL CONDITIONS: Sponsor reserves the right to terminate or amend the Rules of this Open Call if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Open Call as determined by Sponsor in its sole discretion. At its sole discretion, Sponsor may disqualify any person whom it considers to have violated the Official Rules or any element of this Open Call. By participating, Entrants agree: (a) to be bound by the Official Rules and the decisions of the Sponsor; (b) to release and hold harmless the (i) Sponsor, (ii) its affiliates, subsidiaries, or parents, (iii) its advertising or promotion agencies, (iv) suppliers of materials and services in relation to the Open Call, (v) “YouTube,” (vi) CreateIt, (vii) employees, directors, officers, agents or representatives of any of the foregoing (i) through (vi), and (vii) persons engaged in the selection of the Selected Entrants from any and all liability with respect to participation in this Open Call or the negotiation of any resulting or associated agreement or contract. All interpretations of these Rules shall be made at the sole discretion of Sponsor.
Selected Entrants agree to permit Sponsor to use his/her name, YouTube username, address, city, state, photograph, videotape or any likeness for advertising or publicity purposes for no additional compensation, whether or not a contract is agreed upon.
7. INTELLECTUAL PROPERTY CONCERNS.
(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the access of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Lance E. Miller
Vice President of Legal
747 Warehouse Street
Los Angeles, California 90021
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
8. DISPUTES/ APPLICABLE LAW: By participating in this Open Call, each Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Open Call shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate courts located in the state of California, U.S.A.; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Open Call but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of the entrant and Sponsor in connection with this Open Call, shall be governed by, and construed in accordance with, the laws of the state of California, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the state of California, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of California, U.S.A.
This Open Call is void where prohibited. If any terms or provisions of the Official Rules are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. Except where prohibited by law, Sponsor reserves the right to change these rules at any time, or withdraw, limit, modify or cancel the Prize.
9. LIMITATION OF LIABILITY. The Sponsor, its affiliates, its advertising and promotional agencies, the suppliers of products or services related to this Open Call and their respective employees, officers, directors, representatives and agents shall not be responsible for incorrect or inaccurate capture of entry information, technical malfunctions, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, software or any combination thereof, inability to access any online service or web site, inability to submit the online entry form, submission errors, or any other error or malfunction, or for computer, communication, network, application, or other problems, or for late, lost, damaged, failed, stolen, postage due, illegible or misdirected entries.