Official Rules and Conditions
1. THE CHALLENGE
The Play Everywhere Challenge ("Challenge") is a call for ideas organized by KaBOOM!, Inc. , a District of Columbia nonprofit 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. Together with our funding and strategic collaborators, we'll award $1 million in prizes to make the top ideas a reality.
The Challenge is void where prohibited by law.
The Challenge is being funded by the Robert Wood Johnson Foundation ("RWJF") and other supporting sponsors (collectively, the "Sponsors").
3. 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 you must:
- 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 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 an award if your application is chosen as a winning entry;
- request funding for a specific project that (1) has an implementation period no longer than 90 days from the time of award, and (2) has a budget not exceeding $50,000;
- have access to the Internet as of May 3, 2016 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 an award (an "Award") 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!, the Sponsors, 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.
5. APPLICATION PERIOD
The Challenge has two application periods ("Application Periods") and two deadlines:
- Application Period (Idea Generation): Begins at 9:00 a.m. EDT on May 3, 2016 and ends at 11:59 p.m. EDT on June 5, 2016; and
- Application Period (Finalist): Begins at 9:00 a.m. EDT on June 30, 2016 and ends at 11:59 p.m. EDT on July 31, 2016. Application Periods are subject to change in KaBOOM!'s sole discretion.
6. HOW TO ENTER
To enter the Challenge, visit the Challenge website located at playeverywhere.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 KaBOOM!'s 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.
7. APPLICATION REQUIREMENTS
The Application must meet the following Application Requirements:
- It must not be 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 in English; and
- It must be submitted by an applicant that meets the eligibility requirements set forth in these Rules.
During the Application Period, KaBOOM! and its Advisors (as defined below) 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.
A panel of experts selected by KaBOOM! and the Sponsors (collectively, the "Advisors"), which may include representatives of the Sponsors, will select the Award Recipients (as defined below). The Advisors will evaluate each Application based on the following criteria ("Criteria"):
- Proposes a change in the built environment;
- Encourages kids and families to engage in play that will activate their minds and/or bodies;
- Encourages kids and caregivers to play together;
- Benefits low income kids and families;
- Is in a public space and highly accessible to low income families;
- Displays community partnerships and relationship building;
- Addresses a challenge or need in the community that is not directly related to play; and
- Must be built in 3 months or less with a reasonable and feasible budget for the proposed project scope. In order to permit KaBOOM! to select the Award 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 within 2 days from the first notification attempt, then such participant will be disqualified.
During the period from June 29-July 6 2016 the finalists ("Finalists") will be selected and notified by telephone and/or email, at KaBOOM!'s discretion. During the period from August 22-29, 2016 the winners ("Winners" and together with the Finalists, the "Award Recipients") will be selected and notified by telephone and/or email, at KaBOOM!'s discretion. As set forth below, all Award Recipients will be required to sign an agreement in a form provided by and acceptable to KaBOOM!. If Award Recipients do not sign an agreement, then such Award Recipients will be disqualified. With respect to notification by telephone, such notification will be deemed given when the Award Recipients engage in a live conversation with KaBOOM! or when a message is left on the Award 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.
A select number of applicants will be chosen as Finalists and will receive $500 to refine their application. From the Finalists, a select group of Winners will be chosen will receive an Award in an amount determined by KaBOOM! of up to $50,000 each to implement their project. It is the sole responsibility of the Award Recipient to secure any and all needed permits and permissions to implement their project.
10. USE OF FUNDS
The Award Recipients will use the Award 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 Award in the event that KaBOOM! believes, in KaBOOM!'s sole determination that the Award Recipients have used any portion of the Award other than for the Purpose or has otherwise violated any of the provisions of the Agreement. The Award Recipients shall, within 30 days after written notice from KaBOOM!, remit any portion of the Award 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 Award Recipients, KaBOOM! may, in its sole discretion, provide Award Recipients with a reasonable opportunity to cure the purported violation.
Award Recipients may not use any portion of the Award for any of the following:
- to operate itself in any manner which is not exclusively related to the Purpose or is not stated in its certificate of incorporation or other comparable organizational documents;
- to carry on propaganda, or otherwise attempt to influence legislation (within the meaning of sections 4945(d)(1) and 4945(e) of the Code);
- to influence the outcome of any specific public election, or to carry on, directly or indirectly, any voter registration drive (within the meaning of section 4945(d)(2) of the Code);
- for any award to an individual for travel, study, or other similar purposes (within the meaning of section 4945(d)(3) of the Code), unless such an award satisfies the requirements of section 4945(g) of the Code;
- for any award to an organization described in section 4945(d)(4) of the Code unless the requirements of section 4945(h) of the Code (relating to the exercise of expenditure responsibility) are met;
- for unreasonable administrative expenses or for other excessive expenses;
- for any purpose which is not exclusively religious, charitable, scientific, literary, or educational, or to foster national or international amateur sports competition (but not for the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals (within the meaning of section 170(c)(2)(B) of the Code);
- to hire or recruit or refer for a fee for employment, or to continue to employ in the United States an alien, knowing that the alien is an unauthorized alien (as defined in 8 U.S.C. §1324a(h)(3) with respect to such employment, as provided under 8 U.S.C. §1324a(a)(1) and (2)); or
- to engage in any illegal, fraudulent or morally reprehensible (as determined in KaBOOM!'s and its supporting sponsors' sole discretion) behavior.
11. AWARD AGREEMENTS
All selections of Award 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 Award. No transfer, substitution or cash equivalent for Awards is allowed, except at KaBOOM!'s sole discretion. KaBOOM! reserves the right to substitute an Award, in whole or in part, if an Award cannot be awarded, 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 awarded.
Each Award Recipient is responsible for ensuring that it complies with all the applicable tax laws and filing requirements.
13. 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.
14. 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!, the Sponsors and their respective affiliates, partners, and representatives 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 KaBOOM!'s sole view.
In addition, you acknowledge that Submissions are not confidential or proprietary and none of KaBOOM!, the Sponsors, or their respective representatives and partners shall be obligated to maintain the confidentiality of any material included in the Submissions.
By accepting an Award, the participant agrees and consents to KaBOOM!'s and the Sponsors' use of such participant's name and/or likeness to name the participant for a reasonable time during and after completion of the Challenge, without additional compensation, in promotional material of KaBOOM! and the Sponsors (or their respective consultants or agents).
17. WARRANTY AND INDEMNITY
Participants warrant that their Applications are their original work and, as such, the participant 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. Each participant agrees not to submit any Application that (1) infringes 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) is confidential or proprietary information; or (3) otherwise violates the applicable state, federal or local law. To the maximum extent permitted by law, each participant indemnifies and agrees to keep indemnified employees, directors, interns, contractors, and official office-holders of KaBOOM! and the Sponsors, or their parent companies, subsidiaries, affiliates (collectively, the "Play Everywhere Challenge Entities") at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each participant agrees to defend, indemnify and hold harmless the Play Everywhere Challenge Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising out of or accruing from (a) any Application or other material uploaded or otherwise provided by the participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the non-compliance by the participant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the participant's involvement with the Challenge; (e) acceptance, possession, misuse or use of any award or participation in any Challenge-related activity or participation in this Challenge; (f) any malfunction or other problem with the Challenge Site; (g) any error in the collection, processing, or retention of entry information; or (h) any typographical or other error in the printing, offering or announcement of any Award or Award Recipients.
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.
20. 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 Award under the Challenge. KaBOOM! reserves the right to update or modify these Rules at any time. The payment of any Awards is subject to availability of funding. Award size may be modified depending on the number of Award Recipients, and available funds. KaBOOM! reserves the right to disqualify any participant or choose not to make an Award 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.
21. NOT AN OFFER OR CONTRACT OF EMPLOYMENT
Under no circumstances shall the submission of an Application into the Challenge, the awarding of an Award, or anything in these Rules be construed as an offer or contract of employment with either KaBOOM! or the Sponsors. 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 the Sponsors or the Challenge Entities and that no such relationships established by your submission of an Application under these Rules.
22. 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.
23. AWARD RECIPIENTS
KaBOOM! will announce the Winners on playeverywhere.kaboom.org and kaboom.org on or about August 22-26, 2016.