The Betacup Challenge Rules
The Betacup Challenge Contest (“Contest”) is seeking ideas to eliminate paper cup consumption through the design of a more convenient alternative to the reusable coffee mug (“Idea”).
Mutopo LLC, located at 42 West 24 Street New York New York 10010 (“Organizer”) is the organizer of the betacup challenge.
Starbucks (“Sponsor”) is the Sponsor of the betacup challenge.
The Contest is open to natural persons 13 years of age and older. Anyone under the age of 18 must obtain the permission of a parent or legal guardian prior to entering, and the parent or guardian must consent to be bound to these Official Rules on their child’s and on their own behalf. The Contest is subject to all applicable federal, state and local laws and regulations, and is void where prohibited by law. It is the obligation of the entrant to determine whether the Contest is legal in their jurisdiction. Employees of Sponsor, Organizer, Jovoto GmbH and Contest Advisors listed on the betacup website, as well as their immediate families (spouse, parent, sibling, child, and spouse of any of the foregoing) and those living in their immediate households—whether or not related—are not eligible to win a prize.
The Contest entry period begins April 1, 2010 at 9 am EST and ends on June 1, 2010 at 5 pm EST. Rating commences with first submission.
(the “Entry Period”).
After the submission process closes, the Contest rating-only period begins. This starts June 1, 2010 at 5 pm EST and ends on June 15, 2010 at 5 pm EST
(the “Rating Period”).
How to Enter
Visit http://www.jovoto.com/signup/betacup to register. Registration is free. After you register, you must verify your email address via the registration email sent to the email entered in the registration form. Upon confirmation of your registration you may participate in the Contest and submit as many Ideas as you wish.
Ownership Rights in Submissions
In return for Organizer and Sponsor review and consideration of your idea, you acknowledge that you have read, understand and agree to the terms enumerated below, and further agree that these terms shall apply to any additional material previously or later submitted, until such time as Sponsor otherwise agrees in writing:
1. Submitting an Idea does not mean that you have sold or licensed the Idea to Organizer, Sponsor or any party associated with the betacup chellenge. Prizes are not awarded in exchange for the rights to Ideas, but rather to reward the best Ideas.
2. To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the idea to Organizer and in doing so Sponsor or Organizer’s review and/or use of the Idea, will not infringe upon any other individual’s or entity’s rights.
3. You understand that disclosure of your idea to Organizer does not establish a confidential relationship or obligate Organizer or Sponsor to treat the Idea (or related materials) as secret or confidential.
4. You understand that Organizer or Sponsor has no obligation, either expressed or implied, to develop or use your idea and that no compensation is due to you for any inadvertent or intentional use of the Idea, You understand that Organizer or Sponsor assumes no obligation with respect to any Idea unless and until Organizer or Sponsor enters into a written contract with you, and then only as expressed in that contract. For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured in your Idea. In the absence of a separate formal contract, your rights shall be limited to those existing under the patent laws of the United States.
5. If your Idea is the subject of a pending or issued patent, you have disclosed or will disclose that fact to the Organizer. Any license to use a patented Idea shall be in the form of a written contract, in which event Organizer’s or Sponsor’s obligations shall be only those expressed in such contract.
6. Organizer and Sponsor will give your Idea such consideration as is warranted in its sole judgment. Organizer and Sponsor’s review of your Idea shall not be construed as any recognition of the novelty or originality of the Idea. Organizer or Sponsor is not obligated to give reasons for rejecting your Idea or to reveal Organizer’s or Starbuck’s activities that are related to the subject matter of the submitted Idea.
7. Neither discussion or negotiations between Organizer, Sponsor and you relating to the possible purchase or license of the Idea, nor the making of any offer for the purchase or license of the Idea, shall prejudice Organizer or Sponsor in any way, or be construed as recognition of the novelty, originality, priority or other rights or value of the submitted Idea. Further, Organizer and Sponsor’s consideration or discussions or negotiations with you will not in any way impair Organizer or Starbuck’s right to contest the validity or infringement of your rights.
8. You acknowledge and declare that (a) you have read and fully understand these terms and appreciate the nature, extent and consequences of this Agreement, (b) the submission of your Idea in the contest is entirely voluntary, and (c) Sponsor, directly or indirectly, may (i) be working on the same Idea or a similar Idea, or (ii) already know of such Idea from other sources, or (iii) simply wish to develop this Idea or a similar Idea on its own.
9. You agree that, except to the extent that these terms are superseded by a separate agreement in writing by you and Organizer or Sponsor, you hereby irrevocably release and forever discharge Organizer, Sponsor and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Organizer or Sponsor and its affiliates and subsidiaries or their respecting successors or assigns with respect to the Idea, including without limitation in respect of how Organizer or Sponsor and its affiliates and subsidiaries, directly or indirectly, use the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.
10. You will not sell or license your Idea to a third party (a party other than Sponsor) for the term beginning with the date of your submission of the Idea and ending thirty (30) days following the announcement of the winners of the betacup challenge (“the Term”).
11. If contacted by Organizer or Sponsor, you agree to exclusively discuss the license or sale of your idea during the Term.
12. Ideas can be disqualified if the Idea either subjects you, Sponsor, Organizer, or Jovoto to legal jeopardy or compromises the foregoing parties’ good will and reputation. This includes words or imagery that are sexually charged or suggestive, that depict acts of violence or cruelty, that attack or disparage or present in a false light any individual or group of people, that are otherwise vile, nasty or otherwise uncivil, or that use the likeness, words, or other intellectual property of a third party or celebrity without appropriate permission to do so.
Viewing, Voting and Commenting
Submitted ideas will be published using the Jovoto GmbH platform in a way that makes them publicly viewable on the site. Anyone wishing to comment or vote on submitted ideas will also be required to register with Jovoto GmbH.
There are two Contest prizes: a Jury Prize and a Community Prize.
JURY PRIZE: A panel of independent experts invited by Organizer will select a Jury Prize winner from all qualified submissions.
COMMUNITY PRIZE: Anyone who registers for the contest will be eligible to vote regardless of whether or not they make a submission.
Qualified entries will be judged on a variety of qualities, including:
Reduce Waste – how does your Idea reduce the number of non-recycled coffee cups thrown away each year?
Resources Required – what resources will it take to implement your Idea? (money, energy, water, materials, time, etc)
New or Existing Capabilities – does your Idea use existing technologies or approaches? If not, what must be created or invented to implement your Idea?
The Whole experience – Don’t forget the importance of the “whole experience”. Alternatives to paper cups are available today but they are not being widely used. How effective is your Idea likely to be in achieving its goal.
The decisions of Organizer and the judges in selecting the winners and in all matters relating to the Contest are final and binding. The winning ideas and identity of the winners will be announced on www.thebetacup.com.
JURIED PRIZE: The Juried Prize includes a $10,000 cash prize.
COMMUNITY PRIZE: The Community Prize includes $10,000 to be divided among the top 5 ideas as determined by the community.
If the winner of either the Community Prize or the Juried Prize chooses not to accept the prize, an alternate winner will be chosen. Prize winners are solely responsible for any federal, state, and local taxes which may be due and payable. The Organizer will file a form 1099 with the IRS for each winner and each winner will be required to sign and return all appropriate tax documents as well as an Affidavit of Eligibility, a Liability/Publicity Release, and any other documents the Organizer may require including a Parental/Guardian Consent Form if applicable. Failure to execute the required documents within the applicable time period may result in disqualification and forfeiture of the prize. Potential winners who do not respond within fifteen (15) days of the first notification sent to the email address on file with the Contest, may result in disqualification and forfeiture of the prize.
Right to Use Name, Likeness, and Other Identifying Information
By making a submitting your Idea, you grant Organizer and their respective successors and assigns, the right to use your name, likeness, city state and country information, biographical information and submission materials for all publicity-related purposes, including, but not limited to, press and media communications, without further compensation.
Rules Amendment and Clarification
The Contest and its terms and conditions, benefits and participation are offered to you at the sole discretion of the Organizer and its affiliated companies. The Organizer reserves the right to amend or clarify the Rules, official Contest communications and all aspects of the Contest at any time, in its sole discretion, by publishing said amendment or clarification on the www.thebetacup.com or www.jovoto.com sites. You shall be deemed to have received notice of any such amendments or clarifications upon publication of same on the sites and shall be deemed to have accepted said amendments or clarifications by their continued participation in the Contest. You may withdraw from the Contest at any time by abandoning your registration on the Site.
This Contest is governed by the laws of the State of New York, United States of America. All federal, state and local laws and regulations apply. By participating in this Contest, you agree to be bound by the terms of these Official Rules, which will be posted on the Contest Web site at: (http://www.thebetacup.com/rules) throughout the Entry Period, and to be bound by the decisions of Organizer and the judges, which are final and binding on all matters pertaining to this Contest. By participating in this Contest, you agree to be bound by the terms and conditions of the contest administrator Jovoto GmbH (http://blog.jovoto.com/informationen/terms-conditions).
Organizer reserves the right, in its sole discretion, to disqualify any entrant found to be (1) tampering or attempting to tamper with the entry process or the operation of the Contest; (2) violating the Official Rules; (3) violating the terms of service, conditions of use or general rules or guidelines of any Organizer or Jovoto GmbH property or service; or (4) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Any false information provided within the context of the Contest by an entrant concerning identity, postal address, or ownership of rights in the Idea, and/or non-compliance with Official Rules may result in the immediate elimination of the entrant from the Contest. Organizer further reserves the right to disqualify any entry that it believes, in its sole discretion, infringes or violates the rights of any third party or otherwise does not comply with the Official Rules. CAUTION: ANY ATTEMPT BY ANYONE TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, ORGANIZER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
No Recourse to Judicial or Other Procedures
To the extent permitted by law, the rights to litigate, to seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and Contest participants expressly waive any and all such rights.
Limitation of Liability
Organizer and judging organization are not responsible for late, lost, stolen, misdirected, damaged, incomplete, or illegible entries; or entries that are lost due to computer, Internet, or electronic malfunction. Organizer reserves the right to cancel or modify contest and award the prize through an alternate means if fraud or technical failure compromises the integrity of the contest, as determined by Organizer in its sole discretion. Entrants agree that the Organizer, its promotion partners, related companies, agencies, and their respective employees or officers shall not be liable for injury, losses, damages, or costs of any kind resulting from participation in this contest or acceptance of or use or misuse of a prize or parts thereof. In the event of a dispute regarding the identity of the person submitting an electronic entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered.