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TOY 2.0 CHALLENGE
OFFICIAL RULES
NO PAYMENT OF ANY MONEY IS NECESSARY TO ENTER THE CONTEST. THE
CONTEST IS VOID WHERE PROHIBITED BY LAW OR WHERE REGISTRATION OR
BONDING IS REQUIRED. THIS CONTEST IS SUBJECT TO ALL FEDERAL, STATE AND
LOCAL LAWS. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED.
These are the official rules (“Rules”) that govern your participation in the Toy 2.0 Challenge
(“Contest”). By submitting a sign-up form to participate in the Contest in accordance with Section 6(a), you
fully and unconditionally accept these Rules, which constitute a binding agreement among you, the CoSponsors (defined in Section 2 below) and one of your parents or legal guardians (“Legal Representatives”).
Accordingly, it is important for you to read and understand these Rules prior to you participating in the
Contest. In addition, please also note these Rules include a mandatory arbitration provision and a
waiver of class action lawsuits.
1. Description. The Contest is designed to solicit ideas and recognize the best proposal for creating a new
children’s toy that IFI (defined in Section 2 below) may choose to manufacture and bring to market in its sole
discretion. The Contest’s intent and spirit is to stimulate creativity and innovation among program
participants to help produce a popular children’s toy.
2. Sponsors. The Contest is co-sponsored by Innovation First International, Inc., a Texas corporation with
offices at 1519 Interstate 30 West, Greenville, TX 75402 (“IFI”), and KID Museum, Inc., a Maryland notfor-profit corporation with offices at 6400 Democracy Boulevard, Bethesda, MD 20817 (“KID Museum,”
together with IFI, the “Co-Sponsors”). Questions regarding the Contest may be sent to [email protected].
3. Eligibility. To be eligible for the Contest, you must be (a) between ten (10) and eighteen (18) years old;
(b) a legal resident of Maryland, Virginia, Delaware, Pennsylvania or Washington, D.C.; (c) willing and able
to attend Maker Faire Silver Spring (“Faire”) in September 2015 at your sole cost; and (d) willing to sign and
submit to KID Museum an Invention Assignment that assigns to IFI your intellectual property rights in and to
your toy design idea on the terms more fully described therein (“Invention Assignment”) prior to your
participation in the Contest.
4. Legal Representative; Representations. You may participate in the Contest only if you have obtained the
permission of your Legal Representative. By submitting a sign-up form, you represent that your Legal
Representative (a) has fully reviewed these Rules; (b) consents to your participation in the Contest; and (c)
agrees to guarantee your full and continued compliance with these Rules. These Rules will remain
enforceable against your Legal Representative even if these Rules are held by a court of competent
jurisdiction to be unenforceable against you for any reason.
5. Contest Period. This Contest begins at 9:00 am EST on April 25, 2015, and ends at 5:00 pm EST on
October 31, 2015 (“Contest Period”). You must submit all Proposals (defined in Section 7 below) by the
end of the Contest Period. KID Museum may extend the Contest Period in its sole discretion, and will
provide notice of any extension on its website located at http://kid-museum.org/toy-2-0/ (“Contest Site”).
Late entries will be disqualified, and KID Museum will determine the timing of all entries in its sole
discretion. The Contest is purely skill-based. Accordingly, your odds of winning the Contest depend upon
the number and quality of eligible entries received by KID Museum during the Contest Period.
6. Entry Instructions.
(a) Sign-up Form. To enter the Contest, you must complete a sign-up form located on the Contest Site
during the Contest Period. The sign-up form requires your (a) name, address, date of birth, email address,
phone number and your school name, and (b) your Legal Representative’s name, email address and phone
number. If you are participating in the Contest as part of a team, then you must also include on your sign-up
form the (a) names, (b) email addresses, and (c) mailing addresses for each member of your team. You will
be required to accept these Rules by clicking a button or box on the submission form that expressly indicates
that you agree to be bound by these Rules. All information you include on the sign-up form must be true,
accurate, current and complete.
(b) Invention Assignment. To enter the Contest, you also must submit to KID Museum a signed
Invention Assignment prior to your participation in the Contest. KID Museum may provide you with the
option to submit the Invention Assignment in hard copy or electronically during the registration process. If
you are under the age of 18, then your Legal Representative also must execute your Invention Assignment as
further described in Section 6(c) below.
(c) Verifiable Acceptance and Consent of Legal Representative. After you submit your sign-up form,
KID Museum will send an email to your Legal Representative. This email will require your Legal
Representative to click a button or box indicating that he or she unconditionally (a) agrees to be bound by
these Rules, and (b) consents to your participation in the Contest (“Verifiable Acceptance and Consent”).
Your Legal Representative will also be required to sign your Invention Assignment (either by executing the
same document that you sign or by executing a counterpart to such document) if you are under the age of
eighteen (18). Once KID Museum receives (a) the Verifiable Acceptance and Consent and (b) your fully
executed Invention Assignment as required by these Rules, you will be deemed a Contest participant.
(d) Individual or Team Participation. You may enter the Contest as an individual or as part of a team.
Teams may have no more than five (5) members. Each team is solely responsible for its own cooperation and
teamwork. The Co-Sponsors will have no liability for disputes among team members. In the event that any
such dispute cannot be resolved and affects the Contest, KID Museum may disqualify teams and/or team
members in its sole discretion.
(e) Number of Proposals. There is no limit to the number of Proposals that you may submit to
participate in the Contest during the submission phase more fully described in Section 8(c)(i) below. You
may participate in the contest both individually and as a member of a team. When doing so, you cannot use
any of the same materials, ideas or concepts for your individual and team Proposals. You may not participate
in the Contest on more than one (1) team.
(f) Your Identity. If there is a dispute as to your identity, then we will consider you to be the authorized
account holder of the email you provide in the sign-up form. KID Museum has the right to require proof of
your identity.
7. Initial Proposals. After submitting a sign-up form, during the Contest Period you must submit one or
more initial proposals (each, a “Proposal,” and collectively, “Proposals”) that consists of (a) a concept
statement of no more than two hundred fifty (250) words which describes in detail your toy design idea; and
(b) up to a total of five (5) supporting photographs, drawings, audiovisual works, documents or other tangible
materials that help illustrate your toy design idea. In addition, each Proposal must satisfy the following
criteria:
(a) It must be original, exclusively created and owned by you and your team, as applicable, and you
must have all rights necessary to submit the Proposal to KID Museum. It is solely your responsibility to
ensure that all of your Proposals do not violate any third-party rights;
(b) It must be submitted through the submission form that will be accessible on the Contest Site;
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(c) It must not previously have been publicly available;
(d) It may not contain images of any person unless you have obtained that person’s (or that person’s
parent or guardian, if that person is a minor) consent; and
(e) It may not contain material that is obscene, defamatory, libelous, threatening, pornographic, racially
or ethnically offensive, malicious, harmful, illegal, vulgar, inappropriate, encourages conduct that would be
considered a criminal offense, give rise to civil liability, violate any law, or that presents the Co-Sponsors in a
negative light. Entries must be appropriate for viewing by the general public. Appropriateness will be
determined by KID Museum in its sole discretion.
KID Museum may disqualify, in its sole discretion, any Proposal that it believes is incomplete, ineligible or
not decipherable. KID Museum will not be liable to you in any way for any Proposal that it does not receive
due to any technical error or any other reason.
8. Contest Overview.
(a) Judges. During each phase of the Contest described below, you acknowledge that each judge (a)
may not be an expert in the field of children’s toys, and (b) therefore will use his or her best judgment in
evaluating all Proposals. In addition, during each phase of the Contest, the judges will be composed of one
(1) authorized representative of IFI (“Consultant”) and one or more non-IFI affiliated judges (“Judges,”
together with the Consultant, the “Contest Judges”).
(b) Criteria and Scoring Process.
(i) Judges. During each phase of the Contest, the Judges will evaluate all Proposals based on the
following equally weighted criterion: (a) originality; and (b) elegance of design. The Judges will rank each
criterion on a scale of one (1) to ten (10), and your score from the Judges will be the sum of these two (2)
rankings.
(ii) Consultant. During each phase of the Contest, the Consultant will evaluate all Proposals based
on the following equally weighted criterion: (a) originality; (b) elegance of design; and (c) marketability
(which includes the cost of manufacturing the design and its potential retail price). The Consultant will rank
each criterion on a scale of one (1) to ten (10), and your score from the Consultant will be the sum of these
three (3) rankings.
(iii) Final Score. During each phase of the Contest, the final score for each Proposal will be the sum
of the scores from the Judges and the Consultant. If your or your team’s score is the same as any other
participant or team’s score, then the Contest Judges will compare your or your team’s Proposal(s) to the
Proposal(s) of such other participant(s) on a head-to-head basis by applying the criteria and through the
scoring process described above in Sections 8(b)(i)-(ii). The Proposal with the most head-to-head wins will
be deemed the winner. The Contest Judges will repeat this process until the required number of winners have
been selected.
(c) Contest Phases.
(i) Submission Phase. During this phase, all Proposals will be reviewed by between two (2) and
four (4) Contest Judges determined by KID Museum in its sole discretion based on the total number of
Proposals submitted to KID Museum. The top ten (10) scoring Proposals will advance to the prototyping
phase (“Semifinalists”).
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(ii) Prototyping Phase. During this phase, KID Museum will host a series of mentoring sessions to
help Semifinalists refine their Proposals, test user experiences and prototype final designs. In September of
2015, the Semifinalists will present their concepts at the Faire to a panel of five (5) Contest Judges. The three
(3) top scoring Proposals during the prototyping phase will advance to the finals (“Finalists”).
(iii) Finals. During this phase, the Finalists will present to the Consultant and the Chief Executive
Officer of KID Museum. The top scoring Proposal will be selected as the winner of the Contest.
9. Winners.
(a) Commercialization of Proposal. There will be one (1) winner, or winning team, as applicable. If IFI
chooses to manufacture and bring to market the winning Proposal, then IFI will pay the winner, or each
member on the winning team, as applicable, the amounts set forth in the Invention Assignment. IFI may also
choose in its sole discretion to manufacture and bring to market one or more non-winning Proposals. Under
these circumstances, IFI will pay the applicable participant(s) the amounts set forth in the Invention
Assignment. IFI may provide attribution for any participant whose Proposal is manufactured and brought to
market in its sole discretion.
(b) Prizes. Cash prizes will also be awarded to the Finalists as follows: (a) $3,000 for first place; (b)
$1,000 for second place; and (c) $500 for third place.
10. Conditions of Participation. By signing-up for the Contest, you and your Legal Representative agree to
abide by these Rules and any decision that KID Museum makes in its sole discretion regarding the Contest.
KID Museum reserves the right to disqualify and seek any available legal or equitable remedies against any
participant or winner (and/or any such party’s Legal Representative) who, in KID Museum’s reasonable
suspicion, tampers with the Contest Site, the Proposal submission process, violates these rules, or acts in an
unsportsmanlike or disruptive manner.
11. Intellectual Property. Any of your pre-existing intellectual property that is integrated into your toy design
idea will become the sole and exclusive property of IFI through the process set forth in Section 3(d) above.
You warrant that all of your Proposals and other materials and information you provide to KID Museum do
not and will not violate or infringe upon the patents, copyrights, trademarks, trade secrets, rights of privacy,
publicity, moral rights or other intellectual property or other rights of any person or entity, and do not and will
not violate any laws, rules or regulations. You agree that you will not integrate into any of your Proposals or
otherwise use in connection with the Contest any information or materials, or any intellectual property rights
related thereto, owned by any other person or entity. You warrant that none of your Proposals contain any
information considered by any third party to be confidential. You agree that KID Museum has the right to
verify the ownership and originality of all Proposals and that, upon KID Museum’s request, you must submit
a written copy of any release or permission you have received from any third party granting you the right to
use such property. You understand and acknowledge that in the event one of your Proposals is selected as the
winning entry, and your ownership, rights and the originality of this Proposal cannot be verified to the
satisfaction of KID Museum, KID Museum may select an alternate winner from the remaining two (2)
Finalists by reapplying the Criteria.
12. Disclaimer, Release and Limit of Liability. THE CO-SPONSORS MAKE NO REPRESENTATIONS
OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING
THE CONTEST OR ANY ASPECT OF YOUR PARTICIPATION IN THE CONTEST. BY ENTERING
THE CONTEST, YOU AND YOUR LEGAL REPRESENTATIVE (ACTING ON YOUR BEHALF)
AGREE TO RELEASE AND HOLD HARMLESS (a) THE CO-SPONSORS, (b) THEIR RESPECTIVE
AFFILIATES, (c) THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF THE CO-SPONSORS
AND THEIR RESPECTIVE AFFILIATES, AND (d) ANY PARTY THAT PROVIDES ANY GOODS OR
SERVICES TO THE CO-SPONSORS IN CONNECTION WITH THE CONTEST (COLLECTIVELY, THE
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“RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING
OUT OF PARTICIPATION IN THE CONTEST, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS
OR CAUSES OF ACTION RELATING TO PERSONAL INJURY, DAMAGE TO PERSONAL
PROPERTY OR INTELLECTUAL PROPERTY OWNERSHIP OR INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY: (1)
INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY YOU OR THE ERRORS
OF ANY PERSON OR EQUIPMENT ASSOCIATED WITH OR UTILIZED IN THE CONTEST; (2)
TECHNICAL FAILURES OF ANY KIND THAT AFFECT YOUR PARTICIPATION IN THE CONTEST,
INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS
IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE THAT INTERFERE WITH YOUR
ABILITY TO SUBMIT ANY PROPOSAL; (3) UNAUTHORIZED ACTIONS BY ANY PARTICIPANT
OR EMPLOYEE OF THE CO-SPONSORS THAT MAY AFFECT YOUR PARTICIPATION IN THE
CONTEST; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION
OF THE CONTEST OR THE PROCESSING OF ANY PROPOSAL; OR (5) INJURY OR DAMAGE TO
YOU OR YOUR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE
OR IN PART, FROM YOUR PARTICIPATION IN THE CONTEST. YOU FURTHER ACKNOWLEDGE
THAT NOTWITHSTANDING SELECTION AS A WINNER, NOTHING HEREIN SHALL OBLIGATE
IFI TO MANUFACTURE AND DISTRIBUTE ANY WINNING OR OTHER PROPOSAL.
13. Indemnity. You and your Legal Representative (acting on your behalf) also agree to release, indemnify
and hold harmless the Released Parties from and against, and accept all responsibility of any kind for any
liability, claims, losses, damages or proceedings, and reasonable attorneys’ fees, relating to any actions taken
by you (or anyone else using your email or team password, as applicable), or otherwise purporting to act on
your behalf in regard to the Contest, whether such use occurred with or without your knowledge or
permission.
14. Privacy and Use of Personal Information. KID Museum collects personal information from you when
you enter this Contest. KID Museum reserves the right to use any such information in accordance with its
Privacy Policy located at http://kid-museum.org/wp-content/uploads/2015/04/Kid-Museum-Inc.-PrivacyPolicy.pdf.
15. Dispute Resolution. These Rules and the contest are governed solely by the laws of the state of Maryland
and the United States, and the forum and venue for any dispute arising out of these Rules will be exclusively
in the county of Montgomery, Maryland. If the applicable controversy or claim is not resolved through direct
discussions or mediation, then it must then be resolved by final and binding arbitration administered by
Judicial Arbitration and Mediation Services, Inc., in accordance with its streamlined arbitration rules and
procedures or subsequent versions thereof (“Jams Rules”). The Jams Rules for selection of an arbitrator will
be followed, except that the arbitrator will be experienced and licensed to practice law in the State of
Maryland. Any such controversy or claim will be arbitrated on an individual basis, and will not be
consolidated in any arbitration with any claim or controversy of any other party. Accordingly, you and your
Legal Representative (acting on your behalf) agree to give up your right to serve as a representative, as a
private attorney general, or in any other representative capacity, or to participate as a member of a class of
claimants, in any lawsuit involving any dispute arising hereunder. All proceedings brought pursuant to this
paragraph will be conducted in the county of Montgomery, Maryland. The remedy for any claim will be
limited to actual damages, and in no event will any party be entitled to recover punitive, exemplary,
consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim,
or to rescind this agreement or seek injunctive or any other equitable relief.
16. Winner List. KID Museum will post on the Contest Site the winner, or winning team, as applicable,
within thirty (30) days after the Contest is completed, and you hereby consent to our publication of your
name, town of residence and the school you attend if you are a winner or a member of a winning team.
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17. Unexpected Events. If you or another participant cheats, or a virus, bug, bot, catastrophic event, or any
other unforeseen or unexpected action or event affects the fairness and/or integrity of the Contest, then KID
Museum reserves the right in its sole discretion to cancel, change, or suspend the Contest. If you or your
team attempts to compromise the integrity or the legitimate operation of the Contest, or if KID Museum has
reason to believe that you or your team has compromised the integrity or the legitimate operation of the
Contest, including by cheating or committing fraud in any way, then KID Museum may seek damages from
you to the fullest extent permitted by law. Further, KID Museum may disqualify you, and ban you from
participating in any of its future contests and promotions.
18. Modification. KID Museum may in its sole discretion revise these Rules at any time by posting an
updated version on the Contest Site. You and your Legal Representative should visit this page periodically to
review the most current Rules, because you both are bound by them. Your continued participation in the
Contest after a change to these Rules constitutes your and your Legal Representative’s unqualified and
binding acceptance of such Rules.
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