Play Everywhere Design Challenge Official Rules
- THE CHALLENGE
- BINDING AGREEMENT
- APPLICATION PERIOD
- HOW TO ENTER
- APPLICATION REQUIREMENTS
- SELECTING GRANT RECIPIENTS
- USE OF FUNDS
- GRANT ANNOUNCEMENTS; PUBLIC REPORTS AND USE OF KABOOM! NAME AND LOGO
- FUNDER RECOGNITION
- GRANT AGREEMENTS
- GENERAL CONDITIONS
- INTELLECTUAL PROPERTY RIGHTS
- WARRANTY AND INDEMNITY
- LIABILITY INSURANCE
- RIGHT TO CANCEL, MODIFY OR DISQUALIFY
- NOT AN OFFER OR CONTRACT OF EMPLOYMENT
- FORUM AND RECOURSE TO JUDICIAL PROCEDURES
- GRANT RECIPIENTS
1. THE CHALLENGE
The Play Everywhere Design Challenge ("Challenge") funded with support provided by the Ralph C. Wilson, Jr. Foundation (“Funding Partner”) from the Built to Play Fund, is a call for ideas organized by KABOOM!, Inc., a District of Columbia non-profit corporation ("KABOOM!"), designed to help uncover the best replicable, scalable innovations in city redevelopment and design that will make play easy, available and fun for all kids and families. It is an opportunity to reimagine what and where a play space is and can be. The Challenge will award a total of $1 million to make the top ideas a reality.
The Challenge is void where prohibited by law.
2. BINDING AGREEMENT
To enter the Challenge, you must agree to these Official Rules and Conditions ("Rules"). Therefore, please read the Rules prior to entry to ensure you understand and agree. If you enter the Challenge, you agree that submission of an application to the Challenge constitutes agreement to these Rules and that the Rules form a binding legal agreement by you with respect to the Challenge.
To be eligible to enter the Challenge applicants must:
- Implement the project within the following regions:
- Southeast Michigan counties: Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw and Wayne
- Western New York counties: Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, Monroe and Wyoming.
- Be either (i) a registered United States 501(c)(3) public charity or a federal, state, or local governmental body or agency (each, a "Public Agency") or (ii) a fiscal sponsor: a United States entity or an individual who is a citizen or permanent resident of the United States and in either case that is partnering, though a formal memorandum of understanding, intent, agreement or the like, with a United States 501(c)(3) public charity or Public Agency that would receive a grant if your application is chosen as a winning entry;
- Request funding for a specific project that (1) has an implementation period that cannot extend beyond the Initial Term, as determined by KABOOM! (not to exceed January 31, 2022), and (2) has a budget range of $10,000.00 and $80,000.00.
- have access to the Internet as of October 5, 2020 in order to submit an application to the Challenge (an "Application) as set forth in these Rules and participate in other online aspects of the Challenge;
- not discriminate on any unlawful basis in either hiring/employment practices or in the administration of programs and services; and
- agree that if you receive a grant (a "Grant") as set forth in these Rules it will be used for projects open to all persons regardless of religion and will not be used for religious instruction.
Employees and directors of KABOOM!, its Funding Partner, and each of their respective subsidiaries, affiliated companies, advertising and promotion agencies and each of their immediate family members are ineligible. The term "immediate family member" includes an individual's spouse, grandparents, parents, siblings, children and grandchildren.
4. APPLICATION PERIOD
The Application Period Begins October 5, 2020 and ends at 11:59:00 PM EDT on October 30, 2020. Application Periods are subject to change in the sole discretion of KABOOM!.
5. HOW TO ENTER
To enter the Challenge, visit the Challenge website located at https://apply.kaboom.org ("Challenge Site") during the Application Period and follow the instructions for submitting an Application.
The Application must meet the "Application Requirements" described below. All Applications must be received by the KABOOM! server during the Application Period. Applications are void if they are in whole or part illegible, incomplete, damaged, altered, counterfeit, obtained through fraud, or late. All Applications will be deemed made by the authorized account holder of the email address submitted at the time of entry, and the person submitting an Application may be required to show proof of being the authorized account holder for that email address.
6. APPLICATION REQUIREMENTS
The Application must meet the following Application Requirements:
- Complete full online application on KABOOM! website
- Submit requisite materials
- Photos/Project Design
- Proof of 501(c)3 status/Fiscal Sponsor
- Obtain proper permission to complete project (i.e. land ownership, permits, etc.)
- Assure that material is not derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, indecent, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Challenge;
- It must not contain content, material or any element that is unlawful or otherwise in violation of or contrary to all applicable federal, state or local laws and regulations where the Application is created;
- It must not contain any content, material or element that displays any third party advertising, slogan, logo, and trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Challenge, as determined by KABOOM! in its sole discretion;
- It must be an original, unpublished work that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity;
- It cannot contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights;
- It must be submitted by an applicant that meets the eligibility requirements set forth in these Rules.
During the Application Period, KABOOM! will be evaluating each Application to ensure that it meets the Application Requirements. KABOOM! reserves the right, in its sole discretion, to disqualify any participant who submits an Application that does not meet the Application Requirements.
7. SELECTING GRANT RECIPIENTS
All applications will be reviewed by KABOOM! who will select the Grant Recipients (as defined below). Each Application will be evaluated based on the following criteria ("Criteria"):
- Encourages kids and families to engage in play that will activate their minds and/or bodies
- Displays community partnerships and relationship building
- Is in a public space (ex: street/sidewalk, or storefront, etc.) and highly accessible to low income families, or in a play desert
- Addresses a challenge or need in the community that is not directly related to play
- Project is located in a space that impacts a high number of users
- Proposes a change in the built environment;
- Must be built by January 31, 2022 with a reasonable and feasible budget for the proposed project scope.
- Project can be a temporary movable/pop-up playspace or a semi-permanent to permanent change to the built environment, but cannot be an event or program.
- In order to permit KABOOM! to select the Grant Recipients, you may be required to submit additional information, including, but not limited to, the following:
- Audited financial statements;
- Relevant bank wire information;
- Recent bank statements;
- Full list of full legal names of senior leadership, trustees, and board members;
- Relevant information on any government affiliation or public funding;
- Further details or information on participant's project idea and implementation plan;
- Information demonstrating that the participant complies with all applicable anti-corruption laws, the USA Patriot Act and any other applicable laws; and
- If the Application is being submitted by a participant in the capacity of a fiscal sponsor, further information regarding the relationship between the participant and the sponsored entity or group.
If a participant does not respond to the request for additional information promptly from the first notification attempt, then such participant might be disqualified.
During the period from November 2, 2020 to December 18, 2020 the Grant Recipients will be selected and notified by telephone and/or email at the discretion of KABOOM!. As set forth below, all Grant Recipients will be required to sign an agreement in a form provided by and acceptable to KABOOM!. If Grant Recipients do not sign the agreement and submit evidence of liability insurance to KABOOM! within 4 weeks, then such Grant Recipients will be disqualified. With respect to notification by telephone, such notification will be deemed given when the Grant Recipients engages in a live conversation with KABOOM! or when a message is left on the Grant Recipient's voicemail service or answering machine by KABOOM!, whichever occurs first. All notification requirements, as well as other requirements within these Rules, will be strictly enforced.
The Grant Recipients will be chosen and will receive the grant proceeds within 15 days after KABOOM! receives a fully executed copy of the Agreement signed by an authorized person of the board/staff of the Award Recipient (and if applicable the Fiscal Sponsor) in order to implement their project. It is the sole responsibility of the Grant Recipient to secure any and all needed permits and permissions to implement their project.
9. USE OF FUNDS
- a. The Grant Recipients will use the Grant to support the specific project described in the Application (the "Purpose"). The parties acknowledge and agree that KABOOM! has the right to withhold all future payments under the Grant in the event that KABOOM! believes, in the sole determination of KABOOM! that the Grant Recipients have used any portion of the Grant other than for the Purpose or has otherwise violated any of the provisions of the Agreement. The Grant Recipients shall, within 30 days after written notice from KABOOM!, remit any portion of the Grant that KABOOM!, in its sole discretion, has determined was used in violation of the Agreement, including but not limited to the parameters below, or was not used for the Purpose; provided, that prior to any such remittance by Grant Recipients, KABOOM! may, in its sole discretion, provide Grant Recipients with a reasonable opportunity to cure the purported violation.
- b. The Grant Recipients may not use any portion of the Grant for any of the following: to operate itself in any manner which is not exclusively related to the Purpose; for unreasonable administrative expenses or for other excessive expenses; to engage in any illegal, fraudulent or morally reprehensible (as determined by KABOOM! and its supporting sponsors' sole discretion) behavior.
- c. The Grant Recipient undertakes the project supported by the Grant funds on its own behalf and not on behalf of KABOOM! or its Funding Partner and the Grant shall in no way be construed as creating the relationship of principal and agent, of partnership or of joint venture as between KABOOM! or its Funding Partner and the Grant Recipient or any other person involved in the project. By accepting the grant, the Grant Recipient acknowledges that neither KABOOM! or its Funding Partner, nor their affiliates, and their officers, directors, employees or agents shall be liable for any acts, omissions, errors, injuries or damages, whether direct, indirect, incidental or consequential, associated with the use of the grant funds or the Grant Recipients sponsored project.
10. GRANT ANNOUNCEMENTS; PUBLIC REPORTS AND USE OF KABOOM! NAME AND LOGO
- a. KABOOM! and its Funding Partner may include information about the Challenge and the Grant Recipient in its periodic reports and may make information about the Challenge and the Grant Recipient public at any time on its web page and as part of press releases, public reports, speeches, newsletters, and other public documents. The Grant Recipient may include the KABOOM! name on lists of the Grant Recipient's funders, contributors and/or supporters (the “Grant Recipient Contributor Lists”), and that in each instance in which the Grant Recipient discloses the KABOOM! name, it shall refer to KABOOM! as “KABOOM!” and not by any other name or variation of that name. The Grant Recipient Contributor Lists may include information about the amount of the Grant, and the goals of the Challenge.
- b. Grant Recipient shall not use the name, logo or trademarks of KABOOM! or its Funding Partner or otherwise refer KABOOM! or its Funding Partner in any capacity without the prior written consent of KABOOM! or its Funding Partner, as applicable.
11. FUNDER RECOGNITION
If requested by KABOOM!, Grant Recipient will recognize KABOOM! and its Funding Partner (including name and logo) in any media announcements issued by the Grant Recipient concerning the Grant and the Purpose and will permit representatives of KABOOM! and/or its Funding Partner to participate in site unveiling events, including by wearing branded clothing and posting banners with their name and logo at the site.
12. GRANT AGREEMENTS
All selections of Grant Recipients are subject to a legal due diligence review of each selected participant, and the execution of an agreement between KABOOM! and each participant. If the participant does not pass the legal due diligence review (as determined by KABOOM! in its sole discretion) or if the participant does not sign an agreement, the participant will not be eligible to receive any Grant. No transfer, substitution or cash equivalent for Grant is allowed, except at the sole discretion of KABOOM!. KABOOM! reserves the right to substitute a Grant, in whole or in part, if a Grant cannot be granted, in whole or in part, as described, for any reason. Value is subject to market conditions, which can fluctuate and any difference between actual market value and approximate retail value will not be granted.
Each Grant Recipient is responsible for ensuring that it complies with all the applicable tax laws and filing requirements.
If applicable, the Grant Recipient has partnered with a Fiscal Sponsor and confirms that, under the United States Internal Revenue Code of 1986, the Fiscal Sponsor is exempt from federal income tax under section 501(c)(3) or is a school, municipality, or tribal entity. The Grant Recipient agrees to advise KABOOM! immediately if there is any change in the Fiscal Sponsor’s status during the Initial Term or the Extension, as applicable.
14. GENERAL CONDITIONS
All federal, state and local laws and regulations apply. KABOOM! reserves the right to disqualify any participant from the Challenge in its sole discretion.
15. INTELLECTUAL PROPERTY RIGHTS
You retain ownership of all intellectual property rights (including moral rights) in all materials submitted to the Challenge Site or to KABOOM! or its representatives as part of your Application, including, without limitation, photographs, comments, information, text, video, feedback, creative ideas, suggestions, or other materials, and all future modifications, enhancements, and improvements created by or made available to KABOOM! or its representatives (each a "Submission" and, collectively, the "Submissions").
Each participant hereby agrees that the Submission is licensed under the terms of a Creative Commons license, version 4.0 (https://creativecommons.org/licenses/by/4.0/legalcode) and that, without limiting the terms of the Creative Commons license, each participant acknowledges that KABOOM!, and its Funding Partner are hereby granted a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display the Submission, in whole or in part, throughout the world in any form, media, or technology, including all promotion, marketing, publicity, and any other uses thereof related to the Challenge, without notice to you, or any other entity or person and without obtaining any further permission or license or making any payment whatsoever, to the maximum extent permitted by law, and you acknowledge that KABOOM! and its supporting sponsors have no obligation to use your Submission. KABOOM! will use reasonable efforts to include attribution to the applicable participant where reasonably practicable, in the sole view of KABOOM!.
In addition, you acknowledge that Submissions are not confidential or proprietary and none of KABOOM!, its Funding Partner, or their respective representatives and partners shall be obligated to maintain the confidentiality of any material included in the Submissions.
17. WARRANTY AND INDEMNITY
The Grant Recipient represents and warrants that the Application is its original work and, as such, the Grant Recipient is the sole and exclusive owner and rights holder of the submitted Application and that it has the right to submit the Application in the Challenge and grant all required licenses. The Grant Recipient further represents and warrants that the Application does not (1) infringe any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including, without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (2) otherwise violates applicable state, federal or local laws. By accepting the Grant, the Grant Recipient acknowledges that neither KABOOM! nor its Funding Partner nor their respective subsidiaries and affiliates, and their officers, directors, employees or agents shall be liable for any acts, omissions, injuries, errors or damages, whether direct, indirect, incidental or consequential, associated with the use of the Grant. The Grant Recipient irrevocably and unconditionally agrees, to the fullest extent permitted by law, to defend, indemnify, and hold harmless KABOOM!, its Funding Partner, their respective subsidiaries and affiliates, and their respective officers, directors, employees and agents, from and against any and all losses, liabilities, investigations, inquiries, claims, suits or damages (including incidental, consequential, special and punitive damages) and expenses (including reasonable attorneys' fees) directly, indirectly, wholly, or partially arising from or in connection with any act or omission of the Grant Recipient, its employees, or agents, in applying for or accepting the Grant, in expending or applying funds furnished pursuant to the Grant or in carrying out the Purpose, except to the extent arising from the gross negligence or willful misconduct of KABOOM!, its Funding Partner or their respective subsidiaries and affiliates, and their respective officers, directors, employees or agents.
18. LIABILITY INSURANCE
The Grant Recipient represents and warrants to KABOOM! that they are a self-insured entity or hold commercial general liability insurance with coverage in an amount not less than one million dollars ($1,000,000) per occurrence and $2 million in annual aggregate during (1) the Initial Term and the Extension and, (2) at minimum, up to four years or the life of the project. Upon request, the Grant Recipient shall provide evidence of such insurance to KABOOM!. KABOOM! and must include KABOOM! and its Funding Partner as additional insured. In addition, hold media or professional liability that covers but not limited to copyright infringement and plagiarism.
Any false information provided within the context of the Challenge by any participant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the participant from the Challenge.
None of the Play Everywhere Challenge Entities is responsible for any malfunction of the entire Challenge Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Applications due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Challenge Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit a participant's ability to participate.
21. RIGHT TO CANCEL, MODIFY OR DISQUALIFY
KABOOM! reserves the right at their sole discretion to cancel, terminate, modify or suspend the Challenge, or to determine not to make any Grant under the Challenge. KABOOM! reserves the right to update or modify these Rules at any time. The payment of any Grant is subject to availability of funding. Grant size may be modified depending on the number of Grant Recipients, and available funds. KABOOM! reserves the right to disqualify any participant or choose not to make a Grant to any participant in their sole discretion. Any attempt by a participant to deliberately damage any web site, including the Challenge Site, or undermine the legitimate operation of the Challenge is a violation of criminal and civil laws and should such an attempt be made, KABOOM! reserves the right to seek damages from any such participant to the fullest extent of the applicable law.
22. NOT AN OFFER OR CONTRACT OF EMPLOYMENT
Under no circumstances shall the submission of an Application into the Challenge, the granting of a Grant, or anything in these Rules be construed as an offer or contract of employment with either KABOOM! or its Funding Partner. You acknowledge that you have submitted your Application voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and KABOOM! or its Funding Partner or the Challenge Entities and that no such relationships established by your submission of an Application under these Rules.
23. FORUM AND RECOURSE TO JUDICIAL PROCEDURES
These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of New York, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Challenge are hereby excluded, and all participants expressly waive any and all such rights.
24. GRANT RECIPIENTS
KABOOM! will announce the Grant Recipients on kaboom.org in January 2021.