Challenge Terms and Conditions | 2015
By participating in Hasbro Gaming Lab 2015 Face-to-Face Party Game Challenge (the “Challenge”), you agree to be bound by these Terms and Conditions (“Terms”) and by the interpretations of these Terms and decisions of Hasbro, Inc. (“Hasbro”) which are final in all matters relating to the Challenge. If you do not agree, please do not participate in the Challenge.
A. CHALLENGE OBJECTIVE
We know that our fans have some great ideas and we wanted to create this Challenge to give you the opportunity to bring your idea to life with some help from Hasbro. PLEASE NOTE! To enjoy the grand prize, the winner must be available for travel between the dates of December 5, 2015 and January 31, 2016. If a potential winner (or any team member) cannot travel during these dates, he/she or the team may be disqualified in Hasbro’s sole discretion.
B. NO EXPECTATION OF CONFIDENTIALITY; WARRANTY
IP Ownership and No Expectation of Confidentiality. You retain ownership of all intellectual property rights in the Submission (as defined below) including any associated copyrights, trademarks, and/or patents that you may hold. You acknowledge and agree that each Submission will be made voluntarily and not in confidence. That means that neither your Submission nor anything in these Terms shall or may be deemed to place Hasbro in any relationship (including any confidential relationship) with you that is different from that of the general public with respect to the Submission. With respect to any characters, music, scripts, screenplays, storylines, and/or plot outlines (referenced herein collectively or separately as “Entertainment Materials”), you hereby waive any claim, action, and/or suit (collectively, “Claims”) against Hasbro, and/or Hasbro’s affiliates, distributors, customers, vendors, promotional partners, and/or licensees, and/or their respective officers, directors, employees, agents, and/or assigns, relating to any alleged use or misappropriation by Hasbro of any Submission. With respect to any aspects of any Submission other than Entertainment Materials, including but not limited to any toy, game, puzzle, or other product concepts, ideas, innovations, modifications, or improvements disclosed to Hasbro as part of the Submission, you hereby waive and forever discharge and release Hasbro, its affiliates, vendors, promotional partners, distributors, customers, and licensees, and their respective officers, directors, employees, agents, and assigns, from and against, any and all Claims relating to any alleged use or misappropriation by Hasbro of such aspects of any Submission.
Independent Development. Without limiting Hasbro’s rights to utilize nonconfidential materials, except insofar as that use may constitute an actionable violation of intellectual property rights, you also acknowledge and understand that Hasbro may receive information or concepts from others that may be similar to the Submission, or may itself be developing or in the future develop information or concepts similar to the Submission, without reference to or use of the Submission. Nothing in these Terms shall be construed as a representation or inference that Hasbro will refrain from such separate concept development.
Warranty. By entering the Challenge, you warrant and represent that the your Submission is your own original work created by you, has not been previously published, has not won a previous prize or award, that you own or otherwise control all of the rights to the entry and that the entry submitted by you does not violate any law, regulation or third-party right, including but not limited to copyright, trademark right, or rights of, publicity and/or privacy. Please understand that submitting an entry that is copyrighted by another individual, or otherwise subject to the rights of another individual, will make you responsible for any legal action the legal rights holder might take against you. Likewise, you agree to indemnify Hasbro against any Claims made by individuals claiming ownership of or rights in the entry who may contest Hasbro’s right to use the entry in accordance with the terms of these Terms.
Ineligible Participants. Employees, representatives, officers, and directors of Hasbro, Indiegogo, Inc., Pixel Digital Agency, and their respective parents, affiliates, subsidiaries, agents, judges and advertising and promotion agencies (collectively, the “Challenge Entities”), as well as immediate family (spouse, parents, siblings, and children) and household members are not eligible.
If you are acting within the scope of your employment, as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto. You further warrant that your actions do not violate your employer or company’s policies and procedures.
We reserve the right to assess your eligibility and compliance with these Terms at any point during the Challenge. If we require any assistance in order to assess your compliance, you must promptly provide that assistance. If you do not provide the requested assistance, or if we have reason to believe that you are not complying with the Terms, you may be disqualified, in Hasbro’s sole discretion. The Challenge is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.
D. HOW TO ENTER
Phase 1: NO PURCHASE IS NECESSARY TO ENTER OR WIN. Between 12:00 AM ET August 28, 2015 and 11:59 PM ET September 30, 2015 (the “Submission Period”), interested individuals will need to register at the Challenge site http://hasbrogaminglab.com/submit/ and will be asked to include, among other information, the specific details of your concept including but not limited to a brief description, rules, and photographs (if applicable, allowed file types include .jpg, .gif, .png, and .pdf) (collectively, the “Submission”). Please note that the Challenge is accepting both individual and team Submissions (up to four (4) individuals may be on a team). Team Submissions will be required to designate a representative (the “Team Leader”) to serve as the primary contact in the Challenge. To be clear, in these rules, either an individual submitting on his or her own behalf or a Team Leader submitting on behalf of a team of individuals may be referred to as the “Primary Contact.” The Primary Contact must be able to accept responsibility for any prize (including on behalf of a team), agree to be bound and bind the team to these Terms, manage the Campaign (defined above), and respond to any inquiries. Throughout these Terms, any reference to an individual submitting a Submission or taking any action is also intended to include any Team Leaders as representatives for their whole teams.
Phase 2: Upon selection by Hasbro, the Finalists (defined below) will receive an email notification and link to register on indiegogo.com to create and run a Campaign. Each Finalist must make their Campaign “go live” at 12:00 AM ET on October 30, 2015 and not before. The period of eligibility for Campaigns to be evaluated under these Terms and be eligible for the Grand Prize (as defined below) is 12:00 AM ET October 30, 2015 through 11:59 PM ET December 1, 2015. Nothing herein shall prevent or restrict a Finalist from continuing to receive funds for their Campaign after 11:59 PM ET December 1, 2015.
All Submissions must be received during the Submission Period. Submissions become the sole and exclusive property of Hasbro and receipt of Submissions will not be acknowledged or returned. If a dispute arises regarding the identity of the individual presenting a Submission, the Submission will be deemed to be submitted by the authorized account holder of the email address provided at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Hasbro is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled Submissions, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Hasbro.
LIMIT: one (1) Submission per person, regardless of whether they submit individually or as part of a team. This means that an individual may participate in an idea Submission either individually or as a member of a team, but may not participate in more than one Submission. A person may use only one email address to enter. Hasbro is not responsible for late, erroneous, misdirected or incomplete Submissions, or for any computer-related, online, telephonic, or technical malfunctions that may occur. Submissions will be considered void if they are in whole or in part illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error, forged, mechanically reproduced or obtained through fraud or theft, or if they otherwise violate these Terms. By participating, you agree to be bound by these Terms. Note that Hasbro is free to engage with all individuals that provide a Submission, in Hasbro’s sole discretion.
E. JUDGING AND WINNER SELECTION AND NOTIFICATION
Phase 1: In order to be eligible to win the prize, eligible participants must first submit their idea via the Submit Your Idea page at http://hasbrogaminglab.com/submit/. All Submissions must be in English. All Submissions will be initially assessed by a small team selected by Hasbro for completeness and initial viability (“Qualifying Submissions”). Please note that Submissions may incorporate digital components, but should not be primarily digital games. On or about October 1, 2015, judges selected by Hasbro will judge each Qualifying Submission according to the following factors (“Judging Criteria”):
• 40%: Gameplay (are there well considered rules, balanced mechanics, limited (if any) digital involvement)
• 20%: Story/theme (abide by a narrative to give dimension to the concept
• 20%: Potential for Fun-ness (It should have the potential to bring people together, instigate laughter, or create good times)
• 20%: Viability (50 foot game boards sound awesome… but it’s unlikely they can be made into a game)
The five (5) Qualifying Submissions that receive the highest score will be eligible for Phase Two of the Challenge. In the event of a tie, the Submissions that are tied will be assessed again by the panel of judges and the Submission with the highest score on the re-assessment will move forward. Decisions of Hasbro and judges are final and binding. A potential Finalist will be notified via email within five (5) business days of being selected. If a potential Finalist does not respond to the notification attempt within three (3) business days from the first notification attempt, then such potential Finalist will be disqualified and the Qualifying Submission with the next highest score received based on the Judging Criteria described herein will be an alternate potential Finalist. Alternate potential Finalists will be contacted via email and must respond to Hasbro’s notification email within 3 business days from that date and time of Hasbro’s notification email. If there are an insufficient number of Qualifying Submissions, Hasbro reserves the right, in its sole discretion, to refrain from selecting Finalists and/or awarding the prize.
Note that all potential Finalists will be required to execute documentation providing for Hasbro’s right of first refusal, as well as tax documentation, an affidavit of eligibility, assignment of rights, liability and (where legal) publicity release (“Challenge Documentation”). Individuals or teams that have been selected as potential Finalists that then return the Challenge Documentation will then be regarded as “Finalists” in the Challenge. Similarly, failure to return the Challenge Documentation may result in disqualification and selection of an alternate potential Finalist. If any potential Finalist (including any member of any team) is considered a minor in his/her jurisdiction of residence, all documentation must also be signed by such minor’s parent or legal guardian.
Phase 2: The five (5) Finalists will then run a Campaign on Indiegogo.com in accordance with and subject to all of the applicable terms and conditions of Indiegogo.com. On or about December 2, 2015, judges selected by Hasbro will select a potential grand prize winner based on the sole and exclusive judgment and discretion of the judges considering the Campaigns that have received funding (regardless of the amount) from a minimum of 100 unique contributors as well as the Judging Criteria, defined above.
By entering the Challenge, participants fully and unconditionally agree to be bound by these Terms and the decisions of Hasbro and the judges, which will be final and binding in all matters relating to the Challenge. Participants are solely responsible for all of their own expenses (except as expressly stated), including, without limitation, for completing and submitting the Submission form and creating and posting their Campaigns and fulfilling and managing any and all requirements related to running a Campaign.
NOTIFICATION: On or about December 2, 2015, the potential grand-prize winner will receive a direct message from Hasbro through the email account used to enter the Challenge. Potential winners must continue to comply with these Terms, and winning is contingent upon fulfilling all requirements. The grand-prize winner may be required to sign and return additional documentation within five (5) business days of prize notification. If any potential winner is considered a minor in his/her jurisdiction of residence, all documentation must be signed by his/her parent or legal guardian. If a potential winner cannot be contacted, or fails to complete and respond to any message from Hasbro within the required time period, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or fails to use his/her prize within the time stated in any notification or in the event of noncompliance with these Terms or any applicable terms, such prize will be forfeited and may be awarded to an alternative Finalist selected using the Judging Criteria described above Upon prize forfeiture, no compensation will be given. Acts or omissions taken by any Team Leader will be considered acts or omissions by the team.
F. RIGHT OF FIRST REFUSAL
Hasbro shall have a “Right of First Refusal” to acquire ownership of, or a license to use (as applicable), any Finalist Submission. As used herein, a “Right of First Refusal” shall apply when the Finalist receives a bona fide offer from an arm’s length third party to acquire or license the game described in the participant’s Submission (“RFR Offer”). If the participant receives such a RFR Offer, the participant shall notify Hasbro in writing at firstname.lastname@example.org. Such notice shall include, at a minimum, the material terms of the RFR Offer and Hasbro shall have the option, to be exercised by written notice to the participant named on the Submission Form (either individually, or as a Team Leader) within thirty (30) days after receipt of written notice of the RFR Offer, to acquire or license the idea. If Hasbro fails to exercise its Right of First Refusal, the participant shall have no further obligation to re-offer such idea that was subject to the RFR Offer to Hasbro unless (i) an acquisition or license is not consummated with the prospective third party, and (ii) Participant receives a new offer to acquire or license the idea. If Hasbro exercises its Right of First Refusal, the participant and Hasbro shall enter into an agreement on Hasbro’s standard form to purchase or a license to exploit the idea, on the terms and conditions set forth in the RFR Offer or subject to the terms agreed upon by the participant and Hasbro.
By participating in the Challenge, you agree to sign all necessary documentation that may be required for Sponsor and our designees to make use of the rights granted herein.
One (1) grand prize winner will receive U.S. $10,000 and a trip to Hasbro’s world headquarters in Pawtucket, Rhode Island between the dates of December 5, 2015-January 31, 2016 to meet with business line leaders of relevance, and/or subject matter experts in manufacturing, supply chain, distribution, HR and/or marketing for advice, mentoring and assistance. Specific travel dates to be determined and are subject to change in Hasbro’s sole discretion. The trip prize package will include a round trip commercial class airline ticket for the winner and up to three (3) guests and/or team with guests (up to four (4) individuals total, including team members) from the major airport nearest to the winning participant’s home to T.F. Green Airport in Providence, Rhode Island, two (2) nights’ accommodation in Providence, Rhode Island, and transportation to and from the hotel to Hasbro’s headquarters. Please note that if the Primary Contact lives within 150 miles of Pawtucket, Rhode Island, Hasbro may award ground transportation in lieu of air transportation and will not award any difference in value. The total Approximate Retail Value (“ARV”) of the prize is $14,200, which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. If the actual value of the prize is less than the stated ARV, the difference will not be awarded. All other expenses, including meals, taxes, gratuities, incidentals (including mini-bar and entertainment expenses) and any other expenses not explicitly specified herein are the sole responsibility of the winner. The odds of winning will depend upon the number of Submissions received, the number of contributors involved in the Campaign, and the criteria provided above.
By accepting the prize, the winner (or team) and all guests will be required to agree to be bound by all applicable rules and requirements required to visit Hasbro Headquarters including confidentiality, and consent to participation in certain promotional activities and may be required to sign additional documentation attesting to such.
ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. In order to receive a prize, potential winner must submit the tax documentation requested by Hasbro, which includes the winner tax identification number, or otherwise required by applicable law, to Hasbro or the relevant tax authority, all as determined by applicable law. The potential winner is responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Hasbro may, in its sole discretion, select an alternative potential winner. Hasbro reserves the right to substitute the prize or a feature of the prize, for a prize or feature of equal or greater value in its sole discretion, unless such substitution is prohibited by law. Prizes are non-transferable and may not be redeemed for cash. If any prize or prize notification is returned as undeliverable, the prize will be considered forfeited and Hasbro may select an alternate prize winner from all remaining Qualifying Submissions, in Hasbro’s sole discretion.
H. PRIZE AND TRAVEL TERMS
All travel details will be at Hasbro’s sole discretion. Winner (and team members) is responsible for transportation to and from the major U.S. airport gateway and his/her residence, including but not limited to costs associated therewith. The winner (or team) must travel between the dates of December 5, 2015-January 31, 2016 and all individuals, including guests, must travel on the same itinerary. Prize may be forfeited if winner (or any team member) is unable to travel during the designated time period. Winner is responsible for obtaining all required travel documents. All individuals traveling will be required to comply with all travel and hotel check-in requirements, including any requirements to have photo identification and/or a credit card for incidentals. No compensation will be made in the event of the cancellation or delay of any flight. Airline tickets are non-refundable and non-transferable and are not valid for upgrades or frequent flyer miles. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes.
All expenses and incidental travel costs not expressly stated in the package description above, which may include but not be limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the sole responsibility of winner. Any guests of the winner must sign appropriate travel documentation. Further, for any guest that is under the age of eighteen (18), the winner (or a member of the winning team) must be the parent or legal guardian of such guest and traveling with the guest. Further, any guest deemed a minor in his or her state of residence will also need the signature of his or her parent or legal guardian on any travel documentation. Failure to sign such documentation will result in disqualification and the inability of the guest to travel with the winner.
Hasbro reserves the right to terminate or modify the trip or other applicable experience early, in whole or in part, and send the winner home with no further compensation in the event the winner is acting in an unsportsmanlike, obnoxious or threatening manner, in Hasbro’s sole discretion.
The restrictions and conditions stated herein are not all-inclusive and may be subject to additional restrictions and conditions, which may be stated in any correspondence with Hasbro or other travel documents.
I. WINNER VERIFICATION
In order to win a prize, the potential winner must continue to comply with all terms and conditions of these Terms. The potential winner may be required to sign Challenge Documentation (as noted above), which will include, without limitation, (i) a release of the Released Parties (defined below), and (ii) a grant to Hasbro and its agencies of the unrestricted rights, in their collective or individual discretion, to publish your name, hometown, likeness, Submission, photographs, statements, and/or prize information for advertising and publicity purposes worldwide without limitation and without additional compensation, except where prohibited. If a potential winner cannot be contacted, or fails to sign and return any required documentation, including the Challenge Documentation, within the specified time period or is found to be ineligible, the potential winner will be deemed disqualified and will forfeit the prize. In addition to the Challenge Documentation, the potential winner (or Team Leader and team members) may be required to complete a W-9 tax form in order to receive a prize. If you do not sign the required forms or provide the required information in a timely manner, we may disqualify the potential winner from receiving the prize and select an alternate potential winner.
Except where prohibited by law, by accepting a prize, a prize winner consents to Hasbro’s use of your (including all team members, if applicable) likeness, photograph(s), audio-visual footage, comments, name(s), biographical information, Submission, voice, or any other record of your participation in the Challenge for advertising and publicity purposes in any and all media worldwide (including winners list) without additional compensation or notification. The name and city/state of residence of prize winners may be utilized in communications and advertising, including being posted on the websites of Hasbro, its parent, affiliates, subsidiaries, promotional and retail partners, and Indiegogo.
K. ABILITY TO TERMINATE OR MODIFY
If, in Hasbro’s sole discretion, the operation, security, or administration of the Challenge is impaired in any way, Hasbro may without limitation: (a) suspend the Challenge to address the impairment and then resume the Challenge; (b) award the prize according to the criteria set forth above from among the Qualifying Submissions received up to the time of the impairment, or (c) take any other reasonable action as we deem necessary and appropriate to the circumstances. Hasbro reserves the right at its sole discretion to cancel, terminate, modify or suspend the Challenge or any Challenge component. Entry into the Challenge constitutes agreement to this provision. If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
NOTE: If, due to any technical difficulty or unforeseen interruption, the Challenge website, the Indiegogo website, or any portion of the Challenge is interrupted, Hasbro may (or may not) extend the Submission Period, judging, or Campaign consideration periods, in Hasbro’s sole discretion. If any extension of time is approved, Hasbro will provide notice and update these Terms accordingly and all Participants will be bound to the updated Terms as they are posted on the last day of judging.
L. LIMITATION OF LIABILITY
BY PARTICIPATING IN THE CHALLENGE, PARTICIPANTS AND WINNERS, INDIVIDUALLY AND ON BEHALF OF THEIR RELATIVES, HEIRS, ASSIGNEES, EXECUTORS, AND ADMINISTRATORS, AGREE THAT HASBRO, ANY COMPANY OF ANY KIND ASSOCIATED IN ANY WAY WITH THIS CHALLENGE, AND EACH OF THEIR RESPECTIVE PARENTS, AFFILIATED COMPANIES, SUBSIDIARIES, AND ADVERTISING AND PROMOTIONAL AGENCIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”), WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE, SUBMISSION, OR PARTICIPATION IN THIS CHALLENGE OR IN ANY CHALLENGE RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
The Released Parties assume no responsibility for any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Hasbro or any participant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise; any theft, destruction or unauthorized access to, or alteration of such communications; any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Challenge; or for lost, late, damaged, misdirected, delayed, illegible, undelivered, inaccurate or incomplete submissions.
For your waiver to be effective in California, you agree to provision of Section 1542 of the Civil Code of the State of California do not apply to any claim or cause of action arising or resulting from the Challenge: „A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.
M. MISCELLANEOUS TERMS
By participating in the Challenge, you indicate your full and unconditional agreement to these Terms and other instructions related to the Challenge, as well as to decisions of Hasbro regarding the Challenge, which are final and binding. Winning a prize is contingent upon fulfilling all requirements in these Terms.
Hasbro reserves the right, in its sole discretion, to disqualify and seek damages from any individual who fails or failed to comply with any provision of these Terms, engages in fraud, cheats, tampers with the operation of the Challenge, or otherwise acts in a disruptive or inappropriate manner. Failure to enforce any term of these Terms shall not constitute a waiver of that provision.
Participation does not constitute permission to use the trade names or trademarks of Hasbro or Indiegogo or their respective affiliates without their express written consent and approval of the specific use which may be given or withheld in such parties’ sole and absolute discretion. The awarding of a prize does not express or imply endorsement of any idea, product or service and no individual participating in the Challenge is authorized to publish any statement expressing or implying such endorsement.
N. GOVERNING LAW; CLASS ACTION WAIVER
Q. WINNERS LIST
To obtain the name of the prize winner, send an email to email@example.com with “Hasbro GameLab 2015 Face-to-Face Party Game Challenge” as the subject line. Requests must be received by 11:59 PM ET on December 29, 2015. The winners list will be sent after the winner has been verified.
P. CONTACT US
The Challenge is brought to you by Hasbro, Inc., 1027 Newport Avenue, Pawtucket, RI 02861.