Competition may only be entered in or from the 50 United States, the District of Columbia or Canada (excluding Quebec). Entries originating from any other jurisdiction are not eligible for entry. This Competition is governed exclusively by the laws of the United States and Canada. You are not authorized to participate in the Competition if you are not located within the United States or Canada (excluding Quebec).
1. How to Enter.
A. From July 23 – August 22, 2014, interested individuals will need to register at the Contest site page (www.philips.com/innovationfellows).
B. Upon registration approval by Philips Electronics North America Corporation (“Philips”), interested parties will receive an email notification and link to register as an entrant on indiegogo.com and to submit a campaign on Indiegogo/Philips subject to the Terms of Use posted at www.indiegogo.com/about/terms.
2. Limit
Each entrant may enter one time only. Multiple entrants are not permitted to share the same account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different identities, registrations and logins, or any other methods will void that entrant's entries and that entrant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.
All entry materials become the sole and exclusive property of Philips and receipt of entries will not be acknowledged or returned by either Philips or Indiegogo (collectively, the “Sponsors”). Philips, Omnicom, and Indiegogo are not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsors. By entering the Competition, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Competition.
3. Start/End Dates
Entries can be submitted from 12:00 p.m. ET on July 23, 2014 and ends at 11:59pm ET on August 22, 2014. Entries that have been accepted by Philips must “go live” or be submitted for approval on Indiegogo.com on or before 11:59pm ET on August 31, 2014, in which case they can receive eligible funds through 11:59 pm ET September 30, 2014.
4. Eligibility
Participation open only to legal residents of the 50 United States, the District of Columbia and Canada (excluding Quebec), who are 18 or older as of date of entry and whose Campaign is permitted by and launched and managed in compliance with Indiegogo’s Terms of Use posted at www.indiegogo.com/about/terms and all applicable laws and regulations. Void outside of the 50 United States, the District of Columbia, and Canada and where prohibited or restricted by law. Employees, officers and directors of Philips, Omnicom, Indiegogo, and their parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of promotion materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. You are not authorized to participate in the Competition if you are not located within the United States or the District of Columbia or Canada (excluding Quebec). All federal, state, provincial and local laws and regulations apply.
Each Sponsor reserves the right to permit or deny your eligibility to participate in this Competition and, at any time until the winner is announced, may disqualify you from entering or participating in the Competition for any reason or no reason at all, without liability. All decisions made by a Sponsor or the Judging Panel are final and binding and you agree to abide with all such decisions.
5. Entries/Winners
All entries must be submitted in English. By October 15, 2014, five finalists will be selected by a panel of judges from all eligible entries based on the sole and exclusive judgment and discretion of the judges considering projects that: (a) have raised at least 20 percent of the fundraising goal (b) received funding from a minimum of 100 unique contributors (c) exhibit the greatest potential for development as deemed by the panel of judges; and (d) represent the best products, services and tangible ideas that would address the key innovation opportunities of Living Well, Being Healthy, and Enjoying Life. The Philips Steering Committee also reserves the right to select “wild card” ideas that have not met their financial support goals (in lieu of another campaign that has), if it believes the ideas satisfy all other criteria set forth by the competition. However, the selection of a “wild card” project is not guaranteed, so entrants should make all efforts to meet these goals. Philips employees will vote among the finalists to select the ultimate grand-prize winner, which will be announced on or around November 6, 2014.
By entering the Competition, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Competition. Entrants are solely responsible for all of their own expenses (except as expressly stated), including, without limitation, for completing and submitting the entry form and creating and posting their Campaigns
6. Right of First Refusal
Philips shall have a “Right of First Refusal” to acquire ownership of, or a license to practice, any of the five finalists’ ideas. As used herein, a “Right of First Refusal” shall mean that upon entrant’s receipt of a bona fide offer to acquire or license from a prospective third party which is acceptable to entrant (“RFR Offer”), entrant shall notify Philips, and Philips shall have the option, to be exercised by written notice to entrant within thirty (30) days after receipt of entrant’s notice, to acquire or license the idea, on the terms and conditions of the RFR Offer. If Philips fails to exercise its Right of First Refusal, entrant shall have no further obligation to re-offer such idea that was subject to the RFR Offer to Philips unless (i) an acquisition or license is not consummated with the prospective third party, and (ii) entrant receives a new offer to acquire or license the idea. If Philips exercises its Right of First Refusal, entrant and Philips shall enter into an agreement to purchase or a license to practice the idea, on the terms and conditions set forth in the RFR Offer.
7. Prizes
To help bring the winning innovations to life, Philips will grant one grand-prize winner U.S. $60,000, plus U.S. $2,400 to defray the cost of the account management fee required by Indiegogo.com; and will have access to business line leaders of relevance, and/or subject matter experts in manufacturing, supply chain, distribution, HR and/or marketing for advice, mentoring and assistance throughout 2015. The other four finalists will each receive U.S. $10,000, plus U.S. $400 to defray the cost of the account management fee required by Indiegogo.com.
Winners must provide their tax identification number to Philips. Winners who are Canadian residents will receive payment from Philips’ Canadian affiliate, Philips Electronics Ltd. Prizes are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize, Sponsors reserve the right to substitute a prize of equal or greater value. All expenses not specifically listed herein are the responsibility of winners.
8. Notification
On or about October 15, 2014, the five finalists will receive a direct message from Philips through the email account used to enter the Competition. On, about or between October 15, 2014 and October 31, 2014, the grand-prize winner will receive a direct message from Philips through the email account used to enter the Competition. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Finalists and the grand-prize winner will be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within 15 calendar days of prize notification. If any potential winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility and/or Liability/Publicity must be signed by his/her parent or legal guardian. If a potential winner cannot be contacted, or fails to complete and respond to any message from the Sponsors within the required time period, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or fails to use his/her prize within 12 months of notification or time stated in any notification or in the event of noncompliance with these Competition rules and requirements, such prize will be forfeited and may be awarded to the runner up entrant. Upon prize forfeiture, no compensation will be given.
9. Conditions
You acknowledge and agree that you are participating at your own expense and risk without any promises, representations or warranties of any type, express or implied, except as expressly stated in these Official Rules, including, without limitation, that your Campaign will be considered, you will be chosen as a finalist, winner or awarded a Prize or as to the results of any and all Campaigns you may run.
YOU, IRREVOCABLY AND IN PERPETUITY, AND AS A CONDITION OF AND IN CONSIDERATION FOR PARTICIPATING IN THE COMPETITION:
(A), AUTHORIZE, PERMIT AND LICENSE THE SPONSORS AND THEIR ADVERTISING, AND PROMOTION AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS, AND DIRECTORS TO USE YOUR NAME, ADDRESS (CITY AND STATE), LIKENESS, PHOTOGRAPH, VIDEO, PICTURE, PORTRAIT, VOICE, BIOGRAPHICAL INFORMATION, AND/OR ANY WRITTEN OR ORAL STATEMENTS MADE REGARDING THE COMPETITION OR THE SPONSORS (COLLECTIVELY, “YOUR INFORMATION”) FOR ADVERTISING AND PROMOTIONAL PURPOSES IN ANY AND ALL OF THEIR PUBLICATIONS, ADS, AND WEB SITES, IN ANY FORM OR MEDIA, INCLUDING SOCIAL MEDIA SITES SUCH AS, BUT NOT LIMITED TO, FACEBOOK AND TWITTER, WITHOUT PAYMENT OR ANY OTHER CONSIDERATION EXCEPT AS PROHIBITED BY LAW;
(B) WAIVE THE RIGHT TO INSPECT OR APPROVE THE FINISHED PRODUCT, INCLUDING WRITTEN OR ELECTRONIC COPY OR VERSION. “USE” INCLUDES, WITHOUT LIMITATION, THE RIGHT TO EDIT, ALTER, COPY, EXHIBIT, PUBLISH, DISTRIBUTE OR OTHERWISE USE IN ANY FORM OR MEDIUM FOR ANY LAWFUL PURPOSE. AND,
(C) WAIVE, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE SPONSORS, AND OMNICOM AND THEIR ADVERTISING, AND PROMOTION AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS, AND DIRECTORS FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, LIABILITIES AND DAMAGES RELATING TO OR RESULTING FROM MY PARTICIPATION IN THE COMPETITION OR USE OF YOUR INFORMATION INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, DEATH, DEFAMATION, DETRIMENTAL RELIANCE, INFRINGEMENT OF ANY WORLDWIDE INTELLECTUAL PROPERTY RIGHT, INVASION OF PRIVACY OR VIOLATION OF ANY PRIVACY RIGHT IN CONNECTION WITH YOUR TRAVEL, PARTICIPATION IN THE COMPETITION, COMPETITION-RELATED ACTIVITIES OR ANY MEETINGS OR MENTORING SESSIONS OR POSSESSION, ACCEPTANCE OR USE OR MISUSE OF ANY PRIZE.
For your waiver to be effective in California, you agree to provision of Section 1542 of the Civil Code of the State of California do not apply to any claim or cause of action arising or resulting from the Competition: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."
Any and all federal, state, provincial and local taxes are the sole responsibility of the winners.
Entrants who do not comply with these Official Rules, or attempt to interfere with this Competition in any way shall be disqualified. Sponsors are not responsible if Competition cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants shall not use the trade names or trademarks of Philips, Omnicom, or Indiegogo or their respective affiliates without their express written consent. The awarding of a prize does not express or imply endorsement of entrant’s idea, product or service and entrant is not authorized to publish any statement expressing or implying such endorsement.
10. Additional Terms
Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsors, their affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Competition, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Competition or downloading any materials in this Competition. Philips reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Competition should virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Competition. In such case, Philips may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Any Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Competition or web site. Any Sponsor may prohibit an entrant from participating in the Competition or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Competition by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsors representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Use of Data
Sponsors will be collecting personal data about entrants online, in accordance with its respective privacy policy. Please review the Philip’s privacy policy at http://www.usa.philips.com/privacypolicy and Indiegogo’s privacy policy at http:/www.indiegogo.com/about/privacy. By participating in the Competition, entrants hereby agree to Sponsors’ collection and usage of their personal information and acknowledge that they have read and accepted Sponsors’ privacy policies.
12. Governing Law
This competition is governed by the laws of the state of California and the United States, as applicable. Venue lies in San Francisco County, California. If any provision of these Official Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Official Rules and all others will otherwise remain in full force and effect.
13. Limitations
Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Competition but, in no event, attorneys' fees. YOU HEREBY WAIVE 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.
14. List of Winners
To obtain a list of winners, send a self-addressed, stamped envelope by December 31, 2014 to Lea Armstrong, manager, public and media relations, Philips, 3000 Minuteman Road, MS 5301, Andover, MA 01810.
15. Sponsors
Philips Electronics North America Corporation and Indiegogo, in conjunction with Omnicom.