Terms and Conditions
April 26, 2022
New Product Pitch Competition
Contest Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
These terms and conditions govern the New Product Pitch Competition (“Contest”) sponsored and administered by Indiegogo, Inc., (“Indiegogo”, “Sponsor or “Judge”), 965 Mission St, San Francisco, CA 94103 (“Sponsor” and “Judge”) and Branded ServiceCo LLC, (“Branded”, “Sponsor or “Judge”), 79 Madison Ave, Floor 8, New York, NY 10016 . By participating in this Contest, Participant agrees to be bound by these terms and conditions and all applicable federal, state, and local laws (collectively, the “Terms and Conditions”). Void outside of the 50 United States & D.C., and where prohibited. All references to Indiegogo herein shall refer to Indiegogo, Inc.
Participation is open to individual entrepreneurs (“Participants”) in the 50 United States and the District of Columbia, who are at least eighteen (18) years of age and the legal age of majority in their jurisdiction of legal residence at the time of entry, who are interested in submitting a brief summary about their new product idea (the to the Judges for a chance to win a combination of digital advertising support up to 10 hours of consultation time with Branded, and launch plan advice from Indiegogo and Branded.
Void where prohibited or restricted by law.
Employees, officers, and directors of Indiegogo, Branded, and their respective parents, subsidiaries, affiliates, partners, advertising and promotion agencies, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) are not eligible to be Participants. Each Sponsor maintains the right, in its sole and absolute discretion, to determine eligibility and to deny or terminate participation in the Contest for any reason. Proof of eligibility must be furnished upon request, and Participants may be required to submit an affidavit of eligibility upon request. By opting into this Contest, each Participant fully and unconditionally agrees to be bound by the Terms and Conditions and the decisions of each Sponsor, which shall be final and legally binding in all respects.
HOW TO PARTICIPATE
Participants will receive information related to the competition (after submitting contact information during the Prosper Show conference) via e-mail or on the landing page post-information submission. A complete submission includes completing all required information on the Sponsors’ Contest page at https://entrepreneur.indiegogo.com/new-product-pitch-competition/ during the Entry Period (as defined below) and providing a brief description of a new product idea (“Eligible Entry”). The Sponsors will judge all Eligible Entries based on a pre-defined criteria as later described in these Official Rules. There will be one (1) Grand Prize winner that qualifies based on passing the pre-defined criteria as determined by the Judges. One (1) Eligible Entry per person only during the Entry Period.
The Contest entry will begin Wednesday April 27, 2022 at 12:01 a.m. Pacific Daylight Time (“PDT”) and end at 11:59:59 p.m. PDT Tuesday, May 10, 2022 (“Entry Period”). Finalists will be notified on or about May 16, 2022.
The decisions of the Judges are final and legally binding on all matters relating to the selection of the Finalists. Each Participant agrees and understands that the selection criteria are determined by the Sponsors in their sole discretion, and the Sponsors will not be liable, under any circumstance, to any Participant as a result of such Sponsor or Judge not choosing such Participant to receive any Prize.
JUDGING CRITERIA: The Judges will be selected by the Sponsors in their sole discretion, from representatives of Indiegogo and Branded. The Judges will use the below equally weighted criteria to determine up to five (5) Finalists, and then one (1) Grand Prize Winner.
Product and business viability – Product viability and business intent – The presented Eligible Entry must be (i) a legitimate, physical product and (ii) there must be intent from the Participant to create a business and/or market the product. Judges will determine Finalists based on the registration form and quality of the Eligible Entry. The winning Finalist will be determined by the above, plus the pitch presented at the online event. NOTE: Sponsors may want to establish a phone call to discuss details if there are any Judge’s questions on the product.
Execution – The professionalism of the pitch presented at the online event and the ability of the Finalist to successfully bring their product to market will be determined by the Judges.
Each Finalist will be notified on or about May 16, 2022 if they have been selected to participate in the Competition.
Each Finalist will be required to present their product live on a zoom call with the Judges, on a date to be confirmed after the Finalists are notified.
Finalist must continue to comply with the Terms and Conditions and receiving a prize (“Prize”) is contingent upon fulfilling all requirements. By accepting any Prize, each Finalists grants to Sponsor the right to publicize the Finalist’s name and, if applicable, logo, photograph, video, image, likeness, voice, statements, hometown (city and state or province), biographical information and product for advertising, trade, and promotion purposes in any media now or hereafter known worldwide in perpetuity without compensation and without opportunity for review, except where prohibited by law. Sponsor, in its sole discretion, may require that each Finalist grant Sponsor the right to issue a press release confirming the award of the Prize and Finalist or Winner information and details. Any Confidential Information (as defined below) will remain protected as confidential. In addition, each Finalist and Winner agrees that it will defend, release and hold harmless Sponsor, Judges, their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns from and against any and all claims or liability arising directly or indirectly from participating in the Contest or receipt, possession, loss, use, or misuse of the Prize.
As a condition of claiming a prize, Finalists will be required to complete, sign and return an affidavit of eligibility, liability release and publicity release prior to the Pitch event. If these documents are not completed and executed by the Finalist, the Prize will be forfeited, and may be awarded to an alternate Finalist. The alternate Finalist will be the Participant with the next highest Judges score (“Alternate Finalist”).
If a Finalist cannot be contacted, fails to provide any information requested by Sponsor, fails to respond to any communication by Sponsor, rejects the Prize, fails to take possession of the Prize, or fails to comply with these Terms and Conditions, the Prize will be forfeited in Sponsor’s sole discretion and no compensation will be awarded. Prizes cannot be transferred or assigned, and no Prize substitutions or changes are allowed except at the sole discretion of the Sponsors.
Only the prize listed below will be awarded in this Contest.
One (1) Grand Prize, which includes:
- One on one consultation time with Indiegogo Crowdfunding Expert
- Up to 10 hours of consultation time with BRANDED
- $5000 USD. Prize awarded in the form of an American Express gift card.
ARV of Grand Prize: $5000
Prize is non-transferable, non-refundable, and no substitutions will be made except as provided herein, in the Sponsors’ sole discretion. Winner is responsible for any and all applicable local, state, and/or federal taxes and fees and any unspecified expenses.
CONTEST GENERAL RULES
The Sponsors reserve the right to abbreviate, terminate, modify, or suspend the Contest at any time for any reason or no reason, in their sole discretion and judgment, including but not limited to when (i) a Sponsor believes in its sole discretion that the conduct of any Participant, Finalist or Winner violates these Terms and Conditions, Sponsor policy, or is harmful to the interests of Sponsor; (ii) when a Sponsor determines in its sole discretion that tampering, fraud or technical failures have compromised the security, administration, fairness, integrity, or proper conduct of the Contest; or (iii) any act of God or other act outside of a Sponsor’s reasonable control prevents a Sponsor from sponsoring or administering the Contest or compromises or corrupts or affects the administration, integrity, security, fairness or proper operation of this Contest, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within a Sponsor’s control (each of the above being a “Disruptive” event or occurrence).
In the event of a Disruptive event or occurrence, the Sponsors reserves the right, but not the obligation, in its sole discretion, to award the Prize from among all eligible submissions received up to such time, to disqualify any individual who tampers with the participation or Judging process, and/or to void any entries submitted fraudulently or not in accordance with these Terms and Conditions.
The Sponsors, in their sole discretion, reserve the right to disqualify any Participant not abiding by the Terms and Conditions, or for tampering with the entry or Judging process. Failure to comply with the Terms and Conditions may result in disqualification and/or forfeiture of any Prize, and a Sponsor may prosecute or seek damages to the fullest extent permitted by law.
Such termination shall take effect immediately. Upon such termination, the Participant or Finalist shall promptly return to the Sponsors all tangible documents and materials (and any copies thereof) containing, reflecting, incorporating, or based on the Confidential Information (as defined below).
A Participant may terminate its participation in the Contest by not participating in the Pitch event. All provisions of these Terms and Conditions that by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, confidentiality, warranty disclaimers, indemnity, and limitations of liability.
TAXES AND EXPENSES
Winner is solely responsible for the payment of any applicable federal, state, provincial, and local taxes on any Prizes awarded.
At the request of a Sponsor, winner will be required to complete and submit an IRS Form W-9, including their Social Security Number, for receipt of any Prizes awarded.
- Cooperate with Sponsor in all matters relating to the Contest;
- Conduct themselves and their business in a manner that reflects favorably upon Sponsor;
- Provide such materials or information as Sponsor and/or Judges may reasonably request to carry out the Contest and the Judging in a timely manner.
PARTICIPANT’S ACTS OR OMISSIONS
If a Sponsor’s performance of its obligations under these Terms and Conditions is prevented or delayed by any act or omission of Participant or its agents, subcontractors, consultants, or employees, such Sponsor shall not be deemed in breach of its obligations under these Terms and Conditions or otherwise liable for any costs, charges or losses sustained or incurred by Participant, in each case, to the extent arising or relating directly or indirectly from such prevention or delay.
A Participant may be prohibited from participating in this Contest if, in a Sponsor’s sole discretion, it reasonably believes that the Participant has attempted to undermine the legitimate operation of this Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other participants, such Sponsor, Judge, or in any other way damages the name, trademarks and/or reputation of such Sponsor.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise agreed by the parties in writing, Participant will remain sole owner of all intellectual property owned and developed by the Participant.
By participating in the Contest, Participants represent and warrant that (a) it is the owner/creator of the product described in the Eligible Entry, (b) entrant owns or has sufficiently and validly licensed in writing 100% of all rights to the product described in the Eligible Entry (including all copyrights and intellectual property and property ownership rights in the contained therein), (c) the product described in the Eligible Entry does not contain any third party trade secret or confidential materials, and (d) the product described in the Eligible Entry does not infringe any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, publicity right, patent, trade secret or confidentiality obligation; or otherwise violate any applicable law, and (e) the product described in the Eligible Entry requires no additional permissions relating to the copyright, patent, or trademark/trade dress of the submission submitted in this Contest. By accepting submissions in this Contest, no Sponsor accepts any responsibility or liability for any breach of contract or any infringement or other violation of copyright, patent, or any other intellectual property right or proprietary or property rights. Each Participant agrees not to submit any product that (a) infringes any third-party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, publicity right, patent, trade secret or confidentiality obligation; (b) breaches any contract with any third party; or (c) otherwise violates applicable law.
PERMISSION TO USE INFORMATION ABOUT THE PARTICIPANTS
By participating in the Contest, Participants agree to each Sponsor’s free of charge use and posting of the Participant’s first and/or last name, hometown, place of residence, photo(s), voice and/or likeness, and other information submitted, in any and all media now known or hereafter invented without territorial or time limitations and in connection with promotion, publicity, marketing and advertising for such Sponsor, in connection with its products and/or services, this Contest or other promotions or Contests by such Sponsor, as such Sponsor sees fit without any further attribution, notification or compensation to Participant, except where prohibited. The Finalists further agree, as a condition of accepting any Prize, to cooperate with each Sponsor in providing information regarding their product, including without limitation the Participants’ names and likenesses; case studies, articles, press releases, and photos of the product. Each Sponsor may use all such information for all purposes and without compensation (except where prohibited).
Each Sponsor agrees that all non-public, confidential or proprietary information of Participant, including, but not limited to, trade secrets, technology, information pertaining to the presented product, business operations and strategies, and information pertaining to customers, pricing, and marketing (collectively “Confidential Information”), disclosed by Participant to either Sponsor and the Judges, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with the Contest and these Terms and Conditions is to be treated as strictly confidential, and shall not be disclosed or copied by either Sponsor without the prior written consent of Participant (email being sufficient).
All Confidential Information of Sponsor disclosed by Sponsor to Participant, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with the Contest and these Terms and Conditions is to be treated as strictly confidential, and shall not be disclosed or copied by Participant without the prior written consent of Sponsor.
Confidential Information does not include information that is (i) in the public domain; (ii) known to the receiving party at the time of disclosure; or (iii) obtained by the receiving party from a source not known to the receiving party to be subject to an obligation of confidentiality with respect to such information. Participant agrees not to use any Confidential Information for any purposes except as required for participation in the Contest. Participant shall notify Sponsor immediately in the event Participant becomes aware of any loss or disclosure of any Confidential Information. Sponsor shall be entitled to seek injunctive relief for any violation of this Section.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER SPONSOR, (INCLUDING THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, OR LICENSORS) BE LIABLE TO PARTICIPANT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES, UNDER ANY LEGAL THEORY OR CAUSE OF ACTION (INCLUDING, TORT, CONTRACT, WARRANTY, DELAY, STRICT LIABILITY, INTELLECTUAL PROPERTY MATTERS, NEGLIGENCE, OR A CLAIM UNDER ANY FEDERAL, STATE, PROVINCIAL OR LOCAL STATUTE OR REGULATION), REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE INDEMNIFIED PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER OF WARRANTIES
Everything regarding this Contest is provided “as is,” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
To the maximum extent permitted by law, Participant agrees to defend, indemnify, and hold harmless the Sponsors , their respective affiliates, and their respective affiliates respective officers, directors, employees, agents, successors, and assigns (collectively, “Indemnified Parties”) at all times from and against any and all claims of action, losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees) and all amounts paid in settlement arising from or relating to (i) participation (or inability to participate in) in the Contest, including receipt or use of (or inability to receive or use) a Prize and engaging in any Contest-related activities such as travel; (ii) bodily injury, death of any person, or damage to real or tangible, personal property resulting from Participant’s acts or omissions; (iii) any and all tax liability that may be imposed or associated with receipt or use of a Prize; (iv) any allegation of infringement or any worldwide intellectual property right; (v) any products developed or sold by Participant; and (vi) Participant’s breach of any representation, warranty, or obligation under these Terms and Conditions.
The Indemnified Parties may, at the cost of Participant, assume the exclusive defense and control of any matter for which Participant has agreed to indemnify the Indemnified Parties, and each Participant agrees to assist and cooperate with the Indemnified Parties in the defense or settlement of any such matters.
MODIFICATION/CHANGES TO TERMS AND CONDITIONS
The Sponsors reserve the right to make changes to these Terms and Conditions at any time without the consent of Participant.
Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms and Conditions. Any assignment in violation of the foregoing shall be deemed null and void. Each Sponsor may freely assign its rights and obligations under these Terms and Conditions at any time. Subject to the limits on assignment stated above, these Terms and Conditions will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns. No assignment or delegation shall relieve Participant of any of its obligations under these Terms and Conditions.
These Terms and Conditions shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the state of California in and legal suit, action, or proceeding arising out of or based upon the Contest, these Terms and Conditions, or the Prizes provided hereunder.
Each of the parties irrevocably waives, to the fullest extent permitted by law, any objection that they may now or hereafter have to the laying of venue of any such proceeding in such courts and any claim that any such proceeding brought in any such courts has been brought in any inconvenient forum. Each party agrees that a final judgment in any such proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
The parties do not confer any rights or remedies upon any person other than the parties to this Agreement, Sponsor, and their respective successors and permitted assigns.
The parties are independent contractors, each in full control of its business. Under no circumstances will either party have the right or authority to act or make any commitment on behalf of or bind the other or represent the other as its agent in any way.