GATORADE FUEL TOMORROW INNOVATION CHALLENGE               

OFFICIAL RULES

The aim of these Rules is to set out the terms and conditions governing your participation in the Gatorade Fuel Tomorrow Innovation Challenge (“Challenge”). By participating in this Challenge, you fully and unconditionally agree to comply with these Rules.  If you do not agree with any of these Rules, do not register for this Challenge and do not submit an entry.

Tell Us: Your Team’s unique perspective and ideas to “solve a consumer need” under one of five categories mentioned in rule number 5b.  Think about the category you choose wisely and consider what someone in that situation might truly need or desire in a product from Gatorade. 

Think wide with an eye to what may be desirable and feasible in the next 2-5 years.  Is your product a new hydrating beverage?  Is it even liquid to start?  Perhaps it’s in a new format that is transformed by the consumer at the time of consumption.  Is it delivered in a bottle, a can, or something new?  Maybe it is a totally new concept no one has thought of before!  YOU take the creative reins and tell us!

 

1. CHALLENGE ENTRY SUBMISSIONS PERIOD: 

This Challenge Entry Submission Period begins on July 10th, 2023 at 8:00:00 AM ET and ends on October 15th, 2023 at 11:59:59 PM ET (“Entry Submission Period”). The Challenge will be accessible 24 hours a day during the Term on the dedicated Challenge website operated by Agorize at https://gatorade.pepsico.com/en/challenges/fuel-for-tomorrow-innovation-challenge-2023 (“the Challenge website”).

 

2. AGREEING TO THE RULES:

Any eligible person who is registered on the Challenge website and enrolls to participate in the Challenge (“Participant” or “You”), is required to review and accept these Rules. By accessing and accepting these Rules, You:

1. enter into a valid and enforceable contractual relationship with the Sponsor regarding participation in the Challenge. The registration and enrolment in the Challenge does not set up any subordination relationship between the Sponsor and the Participant, and
2.  fully and unconditionally agree to comply with these Rules. Participants express their agreement by checking an online box while enrolling for the Challenge.

In case of non-respect of these Rules, the Participant will be immediately disqualified from the Challenge and no prize will be awarded.

 

3. ENTRY REGISTRATION AND PARTICIPATION IN THE CHALLENGE

To take part in the Challenge, we must receive your completed registration and a completed Deck/Entry Submission during the Entry Submission Period and no later than  October  15th, 2023 11:59:59PM ET. The Participants must organize a team of one (1) to five (5) total eligible members, create a user account on the Challenge website, and must have truthfully and accurately complete the required information, such as full name, email address, etc. and create an original Entry. Each of the team members must also register individually with their respective team. 

Any registration based on inaccurate, false or incomplete information will result in the Participant’s disqualification. Refusing collection, recording and use of their personal data that is strictly necessary to perform the Challenge will result in the Participant’s disqualification. The Participant is solely responsible for the information he/she provides when registering. Any intentional or unintentional mistake, anomaly or inconsistency, regarding this information, may result in the Participant’s disqualification. The Sponsor reserves the right to proceed with all necessary verifications regarding the Participant’s identity, postal and/or email address.

Deletion of a Participant’s user account on the Challenge website will be deemed as a withdrawal from the Challenge. In this case, the Participant, regardless of whether the deletion results from the Participant’s personal action or not, will not participate in the Challenge, and will not obtain any compensation.

You must also have accepted the Rules as well as the Terms and Conditions of Use and the Privacy Policy, during the creation of your user account and your registration to the Challenge.

Registration for and participation in the Challenge is free, with no purchase or payment obligation.

 

4. ELIGIBILITY

This Challenge is open and offered solely to: 

Student Teams. Comprised of one (1) – five (5) individuals who are legal US residents and legal citizens studying and residing in the United States, eighteen (18) years to twenty-five (25) years, who (i) are currently enrolled at an accredited post-secondary institution or (ii) has recently graduated from an accredited post-secondary institution less than 2 years before the current academic year, with a student card as verification as of June 30th 2023. 

Each Team member must accept these Official Rules,  Participant of Granting Entry Rights and Privacy Policy, by clicking a checkbox in the Registration/Application. Sponsor may disqualify any Team (and all its members) if one member has not accepted or violates any of these Rules/Policies.

The goal of the Challenge is for Participants to submit contributions (or projects) meeting the requirements determined by the Sponsor in the Challenge brief, and that are formalized by Entry Submission. The brief includes information regarding various deadlines, details of the prizes, Sponsor requirements etc. (the “Brief”). The Brief is accessible through the Challenge website HERE.

All the documents that may confirm the Participant’s eligibility may be required prior to awarding any prizes (e.g. identity document, student card etc.).

This Challenge is not open to employees, contractors, directors, and officers of The Gatorade Company (“Sponsor”), and its bottlers and each of their respective parents, subsidiaries and affiliated companies, and the prize suppliers, web design, advertising, fulfillment, legal, judging, administrative, and agencies involved in the administration, development, fulfillment, and execution of this Sweepstakes (collectively, “Challenge Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Challenge).  

All federal, state and local laws apply. Void outside the 50 United States/D.C. and where prohibited by law.  

 

5. HOW TO ENTER: Organize an eligible Team of 1-5 students total as defined in Section 4.  Eligible individual Team Members (each, a “Team”) can enter the Competition by each Team Member completing and submitting, via the link the “Official Application Form” during the Entry Submission Period:

A. An Official Application Form for registration is available here and follow the on screen instructions which will include but is not limited to the following:

1. Full Name
2. Complete Mailing address (Street address, City, State, and Zip Code: NO P.O. BOXES)
3. Email Address
4. Phone Number 
5. Name and  location of the accredited University or post-Doctoral Organization at which you are conducting the required research
6. Date of Birth
7. Agree to: the Official Rules, the Participant Granting of Entry Rights and to the Privacy Policy   

• G Girls: This category focuses on beverages designed specifically for the preferences and needs of female consumers.  Participants can explore flavors, ingredients, packaging, and branding that resonate with the female identifying cohort.  For example, they can create beverages that promote women's health, incorporate ingredients known to support specific female wellness needs, or design packaging that appeals to female aesthetics.

• G Active: This category involves beverages that provide optimal fuel and nutrition for active moments, supporting physical and mental performance.  Participants can focus on creating beverages that enhance energy levels, hydration, and recovery for individuals engaged in sports, fitness, or demanding activities.

• G Social: Beverages in this category are specifically crafted for social settings, where people enjoy shared experiences.  Participants can create beverages that are refreshing, flavorful, and enhance social interactions, whether at parties, gatherings, or casual get-togethers.

• G Life: This category focuses on beverages that support a healthy lifestyle while promoting sustainability and environmental consciousness.  Participants can develop beverages that incorporate organic or locally sourced ingredients, emphasize recyclable packaging, or contribute to causes related to conservation and social responsibility.

• G Unchartered: This category challenges participants to create groundbreaking and innovative beverages that cater to the unique preferences and demands of the current generation.  They can explore unconventional ingredients, cutting-edge technologies, or novel consumption experiences to disrupt the market and create a new category.

Think about the category you choose wisely and consider what someone in that situation might truly need or desire in a product from Gatorade. 

Think wide with an eye to what may be desirable and feasible in the next 2-5 years.  Is your product a new hydrating beverage?  Is it even liquid to start?  Perhaps it’s in a new format that is transformed by the consumer at the time of consumption?  Is it delivered in a bottle, a can or something new?  Maybe it is a totally new concept no one has thought of before!  YOU take the creative reins and tell us!

• When all Team members have filled out the Application above any of the team members can fill out and upload their Deck/Entry Submission (referred to as “Deck”, Deliverable”, “Entry”, “Entry Submission”, or “Presentation” throughout)- a [5]-slide presentation of their Project produced using the template available for download from the Challenge website available here , in PPT or PDF. The Deck will ask you to complete the following::

1. The Title of Your Research Project
2. Which of the five (5) categories you chose to do your research on as outlined above
3. In a statement of 50 (minimum) -150 (Maximum) words tell us about the situation/context. For example: Identify and describe the situation the consumer is in; Tell us who the consumer is; Where the consumer is; What is the time of day; and What is the consumer doing. 
4. In a statement of 50 (minimum) -150 (Maximum) words tell us the consumer’s needs. Go deeper in describing the consumer’s functional and emotional needs in the situation. For example: What do they need and why?; What do they need emotionally in this moment?; What do they physically desire? 
5. A short paragraph of 50 (minimum) -150 (Maximum) words telling us What is your Sales Pitch. For example, Why would people buy our product?
6. Convey the aspects of Innovation via sketches and/or collages.

 

During the Entry Period, Teams may upload any documents or other materials (such as texts, presentations, videos, etc.) relating to their project to the Challenge website in response and as a solution to the Sponsor’s Challenge (the “Entry Submission”).

BOTH THE COMPLETED APPLICATION AND DECK/ENTRY SUBMISSION MUST BE SUBMITTED BY OCTOBER 15th, 2023 at 11:59:59 PM ET.  

To be eligible, Entry Submission must (i) address the specific issue set out in the Brief found here, (ii) be in a common digital format, such as, DOC, DOCX, PDF, PPT, PPTX, KEY, ODT, MP3, MPEG, MOV, MP4, and (iii) be in English and in general terms must comply with these Rules.

If an Entry Submission/Deliverable cannot be downloaded, is not in the right format or is incompatible, illegible, or unintelligible, the Deliverable will be disqualified.

By submitting a Deliverable, the following needs must  be respected:

• The Entry Submission includes exclusive contributions from a Team and MUST Be the Team’s own original work;

• Otherwise, if content from a third party has been used in the development of the Deliverable, all rights, authorizations and agreements necessary to submit the Deliverable and grant the rights mentioned herein have been obtained. The existence of uncredited third-party contributions in the Deliverable will result in the disqualification of the Deliverable and the related Participants;

• No other individual and/or entity is entitled to claim any rights from the use of the Deliverable; and

• The content of the Deliverable does not and will not infringe or violate any rights of any third party or entity, including, without limitation, intellectual property rights, privacy, competition law, confidentiality, or any contractual or extracontractual right. All Entry Submission suspected of any law(s) and/or any third party’s right will be ineligible.

Participants are responsible for and shall bear any costs or expenses associated with preparing and submitting Entry Submission. Participants assume all risk for  damaged, lost, late, incomplete, invalid, incorrect or misdirected Entry Submission.

Entry Submission. If a Team does not upload an Entry Submission  on the Challenge website before the deadline, this will be considered as a withdrawal from the Challenge. The Team may not join the Challenge and may not obtain any compensation from the Sponsor.

The goal of the Challenge is for Participants to submit contributions (or projects) meeting the requirements determined by the Sponsor in the Challenge brief, and that are formalized by Entry Submission. The brief includes information regarding various deadlines, details of the prizes, Sponsor requirements etc. (the “Brief”). The Brief is accessible through the Challenge website HERE.

All the documents that may confirm the Participant’s eligibility may be required prior to awarding any prizes (e.g. identity document, student card etc.).

Rules of the court - What is in bounds and out of bounds!

• Entry Submission MUST be the Team’s Original work
• Innovation must be consumable.  The innovation must include a beverage or form of a beverage that delivers on core Gatorade pillars - Hydration and refueling of the body).
• The innovation should be intended for individuals of the Gen Z generation (currently 12 - 25 years old).
• We recommend supporting  your submission with visuals (images, drawings, collages, pictures of mockups, etc.) and to keep your innovation descriptions clear and to the point in a meaningful and catchy presentation style!  Wow us!
• Innovations should NOT include, focus or have intended use within the alcohol category, the CBD category, or result in non-beverage-based solutions (ie. Energy Bars, Gums, Gummies and like products.)
• While the challenge is focused on future products – keep in mind the realm of physics, economics, feasibility and plain old common sense!  While a “drone made of gold that flies behind you while running providing uniquely flavored ultra hydrating dragonfruit based beverage on demand” would be awesome – that might be a bit far fetched for this competition.

Judging will take place from October 16th, 2023, 9:00 AM ET to October 29th,  2023 by the official Judges (“Judges”), whose decisions are final and binding in all matters. The judges will evaluate and select all eligible Entry Submissions based on their content and the following criteria:

• Innovation 25%: How innovative is the solution in its use of new or existing technology to solve the problem described in the Brief? Are there other solutions available and if so, how does this differentiate from them? 
• Relevancy 25%: How well does the Deliverable respond to the specific need(s) set out in the Brief?
• Feasibility 15%: How feasible is the solution to put into practice? Does the solution make sense financially? Will the solution be sustainable over the long term?
• Fit with Gatorade Brand 35%: Beverages designed to rehydrate, replenish and refuel the body. 

The five (5) teams with the highest score in each category will be deemed the potential winning team for a Finalist Team Category Prize (one Winning Team per category) and one (1) Team with the highest overall score will be deemed the potential  Grand Prize winning Team, pending eligibility and verification. In the event of a tie, the tie will be broken by the Entry Submission that received the highest score in: Fit with the Gatorade Brand. The decisions of the Judges are FINAL and binding. 

Participants will be informed of the results of the Application round on or about October 30th, 2023..

 

7. PRIZES

• Five (5) Finalist Winning Teams (one Winning Team per Category) with the Top score in each category:  Each member of a winning Team will receive a Gift Card to a national online ticket service in the amount of $300. Approximate Retail Value (ARV) of each individual prize: $300 each.  

• One (1) Grand Prize Winning Team with the top overall score: Each Member of a winning team will receive:  A trip to Chicago, Illinois to meet with some members of the Gatorade Marketing Leadership team (subject to availability) and a tour the Gatorade Marketing Headquarter office in Chicago. Trip includes round-trip coach class air transportation from a major commercial airport near winner’s residence to Chicago O'Hare (ORD), two nights hotel standard accommodations (1 room/double occupancy), roundtrip transportation between ORD and the PepsiCo Head Quarters in Chicago, IL,  and an on-site lunch at the PepsiCo Headquarters in Chicago and an off-site dinner in Chicago. Trip must be taken on dates specified by Sponsor. The actual value of the trip may vary depending on point of departure and fluctuations in the cost of air transportation. Any difference between the estimated ARV and the actual value of the prize will not be awarded. If any winning team member resides within a 100-mile radius of destination, ground transportation may be provided in lieu of air transportation, and no compensation will be provided for any difference in prize value. Travel dates are subject to availability; blackout dates and other restrictions may apply. 

No assignment or transfer of prizes is allowed by a winner. If a potential winner cannot be reached, is unable to accept the prize or any portion of the prize for any reason, Sponsor shall have no further obligation to such potential winner. Sponsor will not replace any lost or stolen prizes after being awarded to winners. Winners will accept the prize “as it is”. Sponsor disclaims any warranty regarding the Prizes.

If the prize as initially planned is unavailable, Sponsor will be free to substitute another prize of similar value. Any such decision is at Sponsor’s sole discretion.

If an eligible individual is a member of multiple winning Finalist teams they are eligible to win multiple Finalize Prizes; up to five (5).   

 

8. WINNER NOTIFICATION:

Once potential Winning Teams are determined, each Team Member will be contacted via the email and/or phone number supplied on their Official Application Form so that Sponsor can verify their eligibility and Compliance with these Official Rules. Each such potential Winning Team Member may be required to sign and return, as a condition of receiving a Prize, an Affidavit of Eligibility and Liability Release and, where legally permissible, a Publicity Release, and  IRS W-9 form including their Social Security Numbers, within five (5) days of notification.  If (i) any of the required documents are not completed in full and/or returned by the designated due date; (ii) the email or phone notification is returned as undeliverable; (iii) telephone or e-mail notification is not responded to within 48 hours; or (iv) a potential Winning Team Member is determined to be ineligible or not in compliance with these Official Rules, then the applicable prize may be forfeited and an alternate potential Award Winner may be named at Sponsor’s discretion, based on the scores received in the judging process.  Upon forfeiture for any reason, no compensation will be given.

 

If, after a good-faith attempt, Sponsor is unable to award or deliver a Prize, the Prize may not be re-awarded at the Sponsor’s discretion. Upon verification of eligibility, Prize will be mailed to the winners at the physical addresses (P.O. Boxes are not permitted) provided at the time of entry. Prizes will ship within approximately four (4) to six (6)  weeks following verification of eligibility.  Each winning Team Member shall be solely responsible for payment of any and all applicable federal, state, and local taxes for their Prize. Sponsor will issue an IRS Form 1099- MISC & W-9 to each winning Team Member. Sponsor is not responsible for any undelivered e-mails or phone calls/messages, including without limitation, e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any promotional e-mail, including any winner notification e-mail, to a spam or junk folder. Prizes that are unclaimed, unredeemed, or returned as undeliverable will not be awarded. Prizes are non-transferable and no Award substitutions will be allowed, except by Sponsor, who reserves the right to substitute an Award of equal or greater value in case of unavailability of the Award or a force majeure event, at Sponsor’s sole and absolute discretion. Sponsor shall not be held responsible for any delays in awarding an Award for any reason. Awards will only be delivered to addresses in the fifty (50) United States or the District of Columbia.

 

9. RELEASES: All Entrants, as a condition of participation in this Competition, agree to release, indemnify and hold harmless, Sponsor, its parent, subsidiary and affiliated companies, and all of their respective employees, officers, directors, and agents (collectively the “Released Parties”) from and against any

liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Competition or any website, submitting an Entry Submission and the contents thereof, or otherwise participating in any aspect of the Competition, the receipt, ownership or use of any Award (if applicable), or while preparing for, participating in or traveling to or from any Competition-related activity, or any typographical or other error in these Official Rules or the announcement of any Award winner. Each Winner bears all risk of loss or damage to their Award, after it has been delivered. 

 

10. GENERAL: In the event of a dispute as to any Entry Submission or as to the identity of an Entrant based on an e-mail address, telephone number, or any other information provided at the time of entry, the Entry Submission will be deemed void and ineligible for inclusion in this Competition. Sponsor reserves the right to disqualify any Entrant and/or Entry Submission in its sole and absolute discretion.

 

11. CONDUCT:   By entering this Competition, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects. The Official Rules will be posted at: URL[SR{1] throughout the Competition Period. Any information collected shall be in accordance with Sponsor’s Privacy policy available at : https://contact.pepsico.com/gatorade/ privacy-policy. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Competition; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

12. LIMITATIONS OF LIABILITY:   Released Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Entry Submissions at any point in the operation of this Competition; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Competition; (d) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof, or; (e) any injury or damage to entrant’s or to any other person’s computer which may be related to or result from any attempt to participate in the Competition or download any materials in the Competition.   If, for any reason, the Competition is not capable of running as planned for reasons which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Competition in whole or in part. In the event of termination prior to the stated end date of the Entry Submission Period, , the Award winners will be determined by the Judges, from among all eligible, non-suspect Entry Submissions received as of the date/time of termination, on the basis of the judging criteria described herein. 

 

13. DISPUTES: Each Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Competition or any Award shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Cook County, Illinois; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition but in no event attorneys' fees; and (iii) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

 

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.

 

The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed as if the invalid or illegal provision were not contained herein.

 

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Commpetition-related materials or notifications and these Official Rules, these Official Rules shall prevail, govern, and control.

The Participant acknowledges and consents that Sponsor may, for the duration of the Challenge and for a period of one (1) year following the Final Round use the Challenge for publicity, including for Sponsor’s advertising or other marketing purposes, (by any means and through any format (website, advertising banners, social networks, newsletter, press release) now known or unknown to date, free of charge or for a consideration. 

In particular, you consent to the use, by the Sponsor, of your name and surname, your city and region of residence, the name of the institution in which you studied or in which you obtained your diplomas and other biographical information, your image, the information regarding the Prize (if you are a winner), the name of your company and its distinctive signs (if you are a Startup) and any other personal data that you submit with your Entry Submission as well as the content of your Entry Submission relating to the Challenge. 

As an example, each Participant authorizes the Sponsor to use  the photographs taken during the Final to disseminate them via any communication medium.

Such use does not entitle the winner to any other payment than the Prize he/she received. The Sponsor agrees to cease use  of the aforementioned elements in connection with the Participant at the end of the aforementioned period.

 

14. CONFIDENTIALITY

The Sponsor has no obligation to keep the information contained in the Entry Submission confidential. In general terms, when submitting any Entry Submission, the Participants understand, agree and accept that any information contained therein may be publicly disclosed by the Sponsor.

If you are a prize winner, the Sponsor may request that you execute a confidentiality/non-disclosure agreement for the purpose of entering into negotiations regarding the further development of your project, as described in your Deliverable.  Such confidentiality/non-disclosure agreement will be directed to your Deliverable and all intellectual property that it may contain.

Furthermore, Participants acknowledge that the Sponsor may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the information contained in any of the projects. Accordingly, nothing herein shall prohibit the Sponsor from independently acquiring, developing, or having developed for it, products, concepts, systems, services, or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in any Deliverable. 

The Participants recognize that other Participants, individuals or entities may have provided to the Sponsor or others, or made public, or may in the future submit, or make public, content that is the same or similar to any piece of information contained in any of the projects. Hence, the Participants acknowledge, agree and accept that the Sponsor shall have the right to use such same or similar materials, and that the Participants will not be entitled to any compensation arising from the Sponsor’s use of such materials. 

 

15. INTELLECTUAL PROPERTY

Definitions. For the purposes of this section, 

• “Intellectual Property” shall mean all ideas, inventions, know-how, discoveries, processes, designs, drawings, methods, substances, articles, computer programs, and improvements, whether or not patentable or copyrightable.
• “Intellectual Property Rights” shall mean any or all of the following and all rights in, arising out of, or associated therewith: (i) all United States and foreign patents and utility models and applications therefor and all reissues, divisions, renewals, reexaminations, extensions, provisionals, continuations and continuations-in-part thereof, and equivalent or similar rights anywhere in the world in inventions, disclosures, and discoveries, whether or not patentable, and whether or not reduced to practice; (ii) all trade secrets, know-how, proprietary information, technical data, improvements, technology, computer programs (in source code and executable code form, and whether embodied in software, firmware or otherwise), documentation (including software documentation), drawings, designs, flow charts, specifications, logic diagrams, programmer notes, protocols, files, records, databases, formulae, compositions, processes, manufacturing and production processes and techniques, research and development information, improvements, proposals, and technical data; (iii) all copyrights, works of authorship, copyright registrations and applications therefor and all other rights corresponding thereto throughout the world; (iv) all industrial designs and any registrations and applications therefor throughout the world; (v) any similar, corresponding or equivalent rights to any of the foregoing anywhere in the world, including but not limited to computer program rights and registrations and applications therefor; and (vi) all copies and tangible embodiments of the foregoing (in whatever form or media). 

• “Previous Rights” refer to any Intellectual Property Rights and/or any associated know-how held by the Participants before the start date of the Challenge (“Previous Rights”) 

Warranty of non-infringement. When submitting any Deliverable, at any stage of the Challenge, each Participant guarantees to Sponsor that he/she is the owner and/or holder of the Intellectual Property Rights regarding all or part of the Deliverables submitted at any stage of the Challenge, and that he/she has obtained all rights and permissions regarding all pre-existing Intellectual Property and any elements of the Deliverables for which he/she does not hold the relevant rights.

Each Participant guarantees (i) that his/her contribution is original; (ii) that it does not infringe upon any Intellectual Property Rights of any third party; (iii) that all the elements of which his/her submissions are formed, as well as all pieces of contributions and information communicated in the Deliverable presentation documents are accurate, reliable and complete; and (iv) that the submission of the relevant Deliverable does not constitute an act of unfair competition of any kind.

It is compulsory for Participants to indicate the source of any pre-existing Intellectual Property of whichever nature and on whichever support that are included in any Deliverable. Any Deliverable involving several Participants constitutes a collaborative work and it should be treated as such in accordance with the applicable regulation in force.

 

16. Liability. Sponsor cannot be held liable for any infringement of the above provisions by Participants. Each Participant shall indemnify the Sponsor against any disturbance, action, claim, opposition and demand or eviction attempt from any third party in connection with any Intellectual Property Rights in the Deliverables.

 

17. SPONSOR: This Challenge is sponsored by The Gatorade Company, 433 W Van Buren Street, Chicago, IL 60607  (the “Sponsor”).

 

18. WINNERS LIST:  For the names of the Award Winners, available after December 1, 2023  visit the Challenge website.