The Gibbs Metals Contest
BY ENTERING THE CONTEST, ENTRANT AGREES TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT.
1. CONTEST PERIOD: The Gibbs Challenge Contest (the “Contest”) begins on December 1, 2017, at 8:00am EST, and ends at 5:00pm EST on March 1, 2018 (the “Contest Period”). Sponsor’s computer is the official clock for the Contest.
2. ELIGIBILITY: Contest only open to residents of the 50 U.S. States, D.C., Mexico, and Canada (excluding Quebec), who have reached the legal age of majority in their jurisdiction of residence. Employees of Sponsor and its affiliates, subsidiaries, divisions, fulfillment and advertising and promotion agencies (“Contest Entities”), and their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside), and those living in the same household of each such individual, whether or not related, are eligible to enter or win. Contest is subject to all applicable U.S., Canadian, and Mexican federal, state and local laws. Void in Quebec and where prohibited by law.
3. HOW TO ENTER:
METHOD OF ENTRY: There is one (1) method of entry for this Contest. NO PURCHASE NECESSARY TO ENTER OR WIN. Entrants may enter by submitting an idea of how to utilize the Sponsor’s side cuts and by-products in useful and profitable way via the Sponsor’s online submission process. For the avoidance of any doubt, there is no requirement to purchase and/or otherwise use Sponsor’s side cuts and by-products in order to participate in the Contest. Entrant’s submission need only explain his or her idea.
DESCRIPTION OF ENTRY: Sponsor is looking for the next great idea! When Sponsor cuts or ‘slits’ material from a master coil (think ‘slicing it up’ as in the image below), it creates thousands of pounds of by-products. Sponsor would like to re-use or re-purpose these by-products. Currently much of this material is scrapped, melted down, and remade into recycled stainless steel. Sponsor is betting that Entrant has the ingenuity and creativity to suggest an alternative and profitable use. Specifically, Sponsor is looking for new solutions for side cuts and scrap metals created during its slitting and edging processes.
As an illustrative example:
When Sponsor processes the material above, it ends up with the material shown below.
Sponsor has therefore created this opportunity for Entrant to submit creative ideas to utilize excess stainless strip coils & side cut scrap from its manufacturing processes.
Please keep the following in mind. One of the challenges Entrants will face is that there is variation in the material that is produced as a side cut. Sponsor carries different alloys although most of the product is 300 series stainless steel. But it is in various tempers. Sponsor carries a multitude of gauges from .003 to .025. Sponsor also will produce various widths of side cut. Thus, a main challenge is how to take material with this much variation and turn it into some useful product. For example Sponsor has already considered steel wool.
During the entry process, Entrants will be required to submit the following (altogether, the “Entry”):
1. Details of the proposed idea to re-use, re-purpose, create, service, or invent something new and useful from the above-noted by-product expressed in one or more of the following manners:
1. In Entrant’s Own Words; and/or
2. An Original Photo demonstrating the idea. Acceptable formats: .png or .jpg.
3. An Original Video. Acceptable format: YouTube share link video. The Contest is in no way sponsored, endorsed or administered by, or associated with YouTube. To be eligible, the video must be in accordance with the applicable terms, rules, policies and guidelines of YouTube, including but not limited to, the YouTube Community Guidelines found at: https://www.youtube.com/yt/policyandsafety/communityguidelines.html. Submission must not feature music; and/or
4. Any other methods to demonstrate the idea. Entrants are encouraged to give us as much information and detail as possible.
2. Entrant’s contact information, which must include first and last name, email address, birthdate and zip/postal code.
3. Entries must be in English and must be received and recorded within the Contest Period.
Entrants may enter up to three different Entries into the Contest, as long as each Entry is substantially different from previous Entries. Entries must be submitted via Sponsor’s submission form, located at: gibbsmetalscontest.com.
By completing the submission form, Entrant agrees that the Entry conforms to the Entry Restrictions as defined below and that Sponsor, in its sole discretion, may remove the Entry and disqualify Entrant from the Contest if it determines in its sole discretion that the Entry fails to conform to the Entry Restrictions.
• The Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, or intellectual property rights, any right that constitutes copyright infringement, or any other legal or moral rights of any third party, or that otherwise violates applicable state, federal, or local law.
• The Entry must be original material and not contain any third-party materials.
• The Entry must not contain brand names or trademarks, except for trademarks owned by Sponsor for which Entrant has a limited license to use for the sole purposes of creating an Entry into this Contest.
• The Entry must not contain images, artwork and/or other materials not created by Entrant.
• The Entry must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous. A determination of whether an Entry should be disqualified on these grounds may be made by Sponsor in its sole discretion.
• The Entry must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, age or any other prohibited ground of discrimination. A determination of whether an Entry should be disqualified on these grounds may be made by Sponsor in its sole discretion.
• The Entry must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state, province, territory, or country where the Content is created.
ENTRY GUIDELINES: By submitting an Entry, Entrant agrees that his or her submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional notice and/or compensation to Entrant. Entrant acknowledges that, by acceptance of Entrant’s submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than Entrant. Sponsor reserves the right to, and may or may not, monitor/screen Entries.
By entering, Entrant acknowledges that his or her Entry may be posted on the Sponsor’s website, in Sponsor’s sole discretion. Sponsor has no obligation to use or post any Entry submitted. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, adapt and/or commercialize any or all portions of the Entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world. Further, Entrant hereby waives any and all moral rights in and to the Entry in favor of the Sponsor (and anyone authorized by the Sponsor to use the Entry). Entries that are not in accordance with the guidelines as stated herein or are not received during the Contest Period will be ineligible, in Sponsor’s sole discretion.
By submitting an Entry, Entrant agrees that if selected as a Winner, Sponsor shall have the first right, but no obligation, to file a patent application for the invention described in the Winning Entry (a “Winning Invention”), with or without modifications by Sponsor. At the request of the Sponsor, the Winner shall execute assignments or other documents assigning to Sponsor all their rights in the Winning Invention and any patent applications or resulting patents on the Winning Invention. Sponsor will retain title to all such patent applications and resulting patents. If Sponsor obtains a patent for a Winning Invention, Sponsor shall, upon Winner’s request, grant to Winner a non-exclusive, non-transferable license to make, use, or sell the patented Winning Invention. The details of such a license shall be negotiated in good faith by both parties.
If Sponsor decides that it does not wish, and has no legal obligation, to participate in the patenting or licensing of a Winning Invention, Sponsor will release in writing to the Winner the Sponsor’s interest in the Winning Invention, and the Winner shall then be free to dispose of the Winning Invention as he or she wishes, provided that if Winner at any time obtains a patent for the Winning Invention, Winner shall, upon Sponsor’s request, grant Sponsor a non-exclusive, non-transferable, royalty-free license to make, use, or sell the patented Winning Invention. The details of such a license shall be negotiated in good faith by both parties. In the event that Entrant’s idea is not patentable, Sponsor shall still have the right to use the Winning Invention.
LIMITS: Entrants may enter up to three (3) times for the entire Contest Period. To the extent allowed by law in each Entrant’s jurisdiction of residence, all Entries and Entry materials become the property of Sponsor and will not be acknowledged or returned. Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Entrant’s Entries and that Entrant may be disqualified.
4. PRIZE, WINNER SELECTION, AND ODDS OF WINNING:
PRIZE JUDGING: Sponsor will review all eligible Entries during the Contest Period and choose three (3) potential Winners within 60 days after the close of the Contest (the “Contest Winner Selection”). Odds of winning the Contest depend on the total number and caliber of eligible Entries received.
Judging will be conducted by a panel of judges based on the following criteria: 40% Viability for Revenue and Profit; 40% Able to Show a Potential Gain to the Sponsor in Excess of the Prize; 20% Simplicity of Idea. In the event of a tie score, Sponsor will follow the tie-breaking procedures, as outlined below. Non-winning Entries will not carry forward to or be included in any subsequent Contest or prize drawings of Sponsor, unless a subsequent Contest specifically states otherwise.
A. Judging Criteria: Entries will be judged by a panel of judges. The potential Winners will be chosen based on the following criteria:
B. Tied Scores: In the event of a tied score in the Contest Winner Selection, the Entry receiving the highest score in the category of Viability will be deemed the potential Winner of the tie. In the event of a tie including Viability, the Entry receiving the highest score in the category of Potential Gain will be deemed the potential Winner of the tie. In the event of a tie including Potential Gain, the Entry receiving the highest score in the category of Simplicity will be deemed the potential Winner of the tie. In the event of a tie in all categories, Sponsor may, at its discretion, request additional consideration by the judging panel.
PRIZE DETAILS: Total of three (3) Prizes. First Place Winner will receive $1000 USD; Second Place Winner will receive $500 USD; Third Place Winner will receive $300 USD (collectively, the “Prizes”). All three Winners may receive a limited contract to discuss development of the idea worth the value of the cash prize, but Winners do not need to sign the agreement to receive the prize. The approximate retail value (“ARV”) of the Prizes is U.S. $1800. The Prizes will be shipped at no expense to the Winner. Sponsor will send a message to the potential winner via email. A potential Winner is responsible for providing the correct ship-to address. A signature will be required at the time of delivery. Winners are solely responsible for any taxes on the prize. Only one prize will be awarded per Winner. Future contracts for further development may be awarded that are outside the scope of this Contest.
PRIZE AWARDING: All Prizes will be awarded, provided more than enough Entries have been received. Sponsor will not replace any lost or stolen prize. No transfers or prize substitutions are permitted, except by Sponsor. Prize awarded is subject to verification of eligibility and compliance with these Official Rules. Prize Winner may be required to sign an affidavit of eligibility, liability release, and where legal, a publicity release (collectively, the “Affidavit”), and return same, properly executed, within seven (7) days of issuance of notification. If a potential Winner cannot be contacted after a reasonable number of attempts; is ineligible according to these Official Rules (what is ‘reasonable’ will be determined by the Sponsor in its sole discretion); fails to provide the required information and/or return the required documents within the specified time period; if a prize or prize notification is returned as undeliverable; a potential Winner decides to decline his/her prize for any reason whatsoever; or if a potential Winner otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate potential Winner from among all remaining eligible Entries received, in the Sponsor’s sole discretion. Upon disqualification, no compensation will be given. Once the required information and official paperwork are received within the specified time period, are verified, and receive final approval by Contest Entities, then and only then will a potential Winner become an actual Winner. Prize will be awarded in the name of the Winner. Decisions of the Sponsor are final in all respects of the Contest.
PRIZES WILL BE ACCEPTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Each Winner will not be obligated to purchase any other Sponsor products or services. Entrants indemnify, release, and hold harmless Contest Entities from losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, or possession of the prize resulting from participating in this Contest. Entrant acknowledges and agrees that Sponsor has not arranged for nor carries any insurance of any kind for the benefit of Entrant or that of Entrant’s heirs, executors, and administrators relative to Entrant’s use of the prize awarded to Entrant; and that Entrant is solely responsible for obtaining and paying for any insurance relative to the prize awarded to Entrant.
Sponsor reserves the right to amend the Entry if the idea is placed in the market. Product and packaging specifications, formulations, manufacturing plant information, distribution and logistics details, supplier information, and margins and sale information for each Entry remains Sponsor’s proprietary information. Entrants shall not be entitled to access any of Sponsor’s proprietary information except to the extent Sponsor elects to share such information, and Sponsor may condition the sharing of any such information on the execution of a non-disclosure agreement by the Entrants, as determined solely by Sponsor. Sales and distribution of the winning Entries cannot be guaranteed by the Sponsor. It is at the Sponsor’s sole discretion how much involvement or say the Winners will have (if any) in the product development and/or production process and/or any related promotional materials.
5. CONDITIONS OF ENTRY: Contest Entities are not responsible for incorrect or inaccurate transcription of Entry information, or for any human or printing error in these rules or any promotional materials, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation in the Contest, or for late, lost, stolen, illegible or misdirected Entries. Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Contest, or if any difficulties compromise the administration, security, fairness, integrity, or proper conduct of the Contest, the Sponsor reserves the right to void any Entries at issue. Sponsor also reserves right to suspend, modify or cancel, or terminate this Contest, in whole or in part, at any time without notice, and for any reason. In case of a dispute as to the owner of an Entry, Entry will be deemed to have been submitted by the authorized account holder of the email address provided in the Entry form. The authorized account holder is deemed as the natural person assigned to an email address by an Internet access provider, service provider, or other organization responsible for assigning email addresses or the domain associated with the submitted email address. In the event of time of war, national emergency, accident, dangerous weather conditions, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism, or other matters beyond the Sponsor’s reasonable control, Sponsor has the right, in its sole discretion, to terminate the Contest. Notice of such action will be posted online at gibbsmetalscontest.com. Caution: Any attempt by a participant or any other individual to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
6. DISPUTES: This Contest is conducted in English. Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with this promotion, shall be governed by, and construed in accordance with, the laws of the State of Connecticut, without giving effect to any choice of law or conflict of law rules (whether of the State of Connecticut, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than in the State of Connecticut.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY.
7. DISPUTE RESOLUTION: To the extent permitted by applicable law, the parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Connecticut and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, Washington, DC, New York City, NY, Los Angeles, CA, Atlanta, GA, or Dallas, TX (whichever is closest to Entrant’s residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in the State of Connecticut. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
8. WHO WON: For the names of the prize Winners, available from 05/30/2018, to 07/30/2018, please access: gibbsmetalscontest.com; or send a self-addressed, stamped envelope, by 06/01/2018, to GIBBS CONTEST WINNER’S NAME REQUEST, Metals Drive, P.O. Box 520, Southington, CT 06489 (Canadian residents may omit return postage).
9. SPONSOR: Gibbs Wire & Steel Co., Inc., Metals Drive, P.O. Box 520, Southington, CT 06489.