GENERAL. This University of California Entrepreneur Contest - 2018 (the "Contest") is sponsored by The Regents of the University of California, represented by the Office of Innovation and Entrepreneurship ("Sponsor"). By entering this Contest, you agree to be bound by these Official Rules and all decisions of Sponsor respecting the Contest.
ELIGIBILITY. To be eligible to participate in the Contest, you must be all of the following as of the first day of the Contest Period (defined below): (a) a legal U.S. resident, (b) at least eighteen (18) years of age or older, (c) a student, faculty, staff, or alumnus of the University of California public schooling system, and (d) running or otherwise authorized to represent an existing startup (the "Contestant" or "you"). For purposes of the foregoing, a student of the University of California means any individual who is currently enrolled in any of the following campuses: UC Berkeley, UC Davis, UC Irvine, UCLA, UC Merced, UC Riverside, UC San Diego, UC San Francisco, UC Santa Barbara, UC Santa Cruz or UC Hastings; and a faculty or staff of the University of California means any individual who is a current faculty or staff member at any of the foregoing campuses; and an alumnus of the University of California means any individual who has received a bachelor, master, doctorate, or professional degree from any of the foregoing campuses. Notwithstanding the foregoing, any person who is a contractor, officer, director, agent or other representative of Sponsor, or of any of its affiliates or agencies, and members of such person’s immediate family and persons living in the same household with such person, are not eligible to participate in this Contest. This Contest is void outside the United States, and is also void in Puerto Rico, the U.S. Virgin Islands, and all other U.S. territories and possessions, and where restricted or prohibited by law.
CONTEST PERIOD. The Contest begins at 12:01 A.M. Pacific Standard Time on November 13, 2018, and ends at 11:59 P.M. Pacific Standard Time on December 12, 2018 (the "Contest Period"). Your complete Submission (defined below) must be received during the Contest Period to be eligible for the Contest.
HOW TO ENTER. To enter this Contest, you must do all of the following during the Contest Period: (a) upload to https://entrepreneurs.universityofcalifornia.edu/ (the "Contest Site") a video no longer than two (2) minutes (the "Video") which describes your startup and otherwise complies with the Submission guidelines set forth in Section 5 below (the "Submission Guidelines"); (b) submit through the Contest Site a pitch deck which also describes your startup (the "Pitch Deck"); and (c) provide all information requested in the online form on the Contest Site (the "Online Form" and, collectively with the Video and Pitch Deck, your "Submission"). Limit one (1) Submission per Contestant. If multiple Contestants represent or purport to represent the same company, entity or organization in their Submissions, only the Submission that is received first by Sponsor will be considered; all other Submissions referring to such company, entity or organization will be disqualified (and if already posted, will be taken down from the Contest Site). All Submissions must be complete and received during the Contest Period according to the time on Sponsor’s server. Sponsor shall not be responsible for any late, incomplete, void, corrupted, garbled, misdirected, or otherwise unintelligible Submissions and for any bugs or malfunctions Contestants may encounter when submitting Submissions. Sponsor reserves the right to disqualify any Submission determined by Sponsor in its sole discretion to not be bona fide or to otherwise violate these Official Rules. All Submissions become the sole property of Sponsor and will not be acknowledged or returned.
SUBMISSION GUIDELINES. Your Submission must conform to all of the following guidelines:
The Video must be in digital video format and must comply with any posting requirements set forth on the Contest Site.
All of the following information must be stated in your Video: (i) your first and last name; (ii) the name of the startup company that you represent; (iii) the UC campus (or campuses) at which you are a student or from which you have a degree; (iv) the statement, “I am a UC Entrepreneur”; and (v) a brief description of your startup.
The Pitch Deck must be in MS PowerPoint or PDF format, following the guidelines provided on the submission page of the Contest Site.
Your Submission must be in English.
Your Submission must be your original work of authorship. You must not copy or otherwise plagiarize any content from any third party, nor may your Submission include any third party copyrighted material or artwork, without such third party’s permission.
You and any other person in your Video must not be subject to any of the following: (i) any contract (e.g., with a talent agent or manager) that would limit or impair Sponsor’s ability to show the Video in any media form; (ii) any acting or modeling contract that would make your or their appearance in the Video a violation of any third-party rights; (iii) any merchandising agreement; or (iv) any other contractual relationship, including but not limited to guild and/or union memberships, which may prohibit you or them from participating fully in this Contest or from allowing Sponsor to use the Video in any and all media.
Your Submission must not contain any names, likenesses, photographs, or other images of any other person, living or dead, without their (or their estate’s) permission.
Your Submission must not violate the rights of any third party, including any intellectual property rights or rights of privacy.
Your Submission must not contain any trademarks, logos or trade dress of any third party, or advertise or promote any brand or product of any kind, without the appropriate third party’s permission.
Your Submission must not contain any confidential or proprietary information of any party whatsoever.
Your Submission must not contain any personally identifiable information, such as license plate numbers, names (other than your name), e-mail addresses or street addresses.
Your Submission must not: (1) portray any third party in a negative light, or include any personal attacks on anyone; (2) include any nudity, animal cruelty, illegal activity or substance, or offensive or obscene subject matter; (3) include any content that is sexually explicit or suggestive, violent or derogatory of any ethnic; racial; gender; religious; professional or age group, profane or pornographic, or any dangerous activity; (4) promote alcohol, drugs, tobacco, or firearms/weapons, (or the use of any of the foregoing); (5) promote any unsafe or dangerous activity; (6) promote any particular political agenda or message; (7) reflect any obscene or offensive statements or endorse any form of hate or hate group.
Your Submission must comply with all laws, and not depict any violation of law.
INDEMNITY FROM YOU FOR YOUR SUBMISSION. You shall indemnify, defend, and hold harmless Sponsor and all of its officers, directors, employees, agents and other representatives, from and against any and all claims arising from your Submission.
LICENSE GRANT TO VIDEO. By entering this Contest, you hereby grant to Sponsor and its designees a royalty free, irrevocable, perpetual, non exclusive license to use, reproduce, modify, publish, create derivative works from, and display the Video, in whole or in part, on the Contest Site, as well as to incorporate the Video into other works, in any form, media or technology now known or later developed, including for any promotional or marketing purpose. Please note that the Video may be made available for viewing by any member of the public.
CONSENT TO USE YOUR NAME, ETC. By entering this Contest, you also hereby grant to Sponsor and its designees the right to use your name, voice, signature, biographical information, photo, and likeness for advertising, publicity, promotional and other purposes in any and all media, now or hereafter devised, throughout the world in perpetuity, without additional compensation, notification or permission, except where prohibited by law.
ODDS; POTENTIAL NUMBER OF SUBMISSIONS. The odds of winning a Prize (defined below) in this Contest depend on the number of eligible Submissions received. Although Sponsor cannot predict with certainty, based on previous experiences Sponsor expects to receive at least 300 Submissions to this Contest.
SELECTION OF WINNERS; CONTEST CRITERIA. As a threshold matter, the staff of the University of California Office of the President Office of Innovation & Entrepreneurship (the “OIE Staff”) will separate all eligible Submissions into the following two tracks: (i) Submissions for startups that have not completed a Series A round as of the first day of the Contest Period (the “Early-Stage Track”), and (ii) Submissions for startups that have completed a Series A round as of the first day of the Contest Period (the “Late-Stage Track”). The Early-Stage Track and the Late-Stage Track are each referred to in these Official Rules as a “Track”.
Societal Impact (10%)
Each Submission will be scored subject to the weights accompanying each of the Contest Criteria, solely for purposes of ranking the Submissions within each of the two Tracks (i.e., such scores will not be published).
All eligible Submissions will first be evaluated by the OIE Staff. The OIE Staff will evaluate the Videos only (not the Pitch Decks) of all eligible Submissions in accordance with the Contest Criteria and will assign an initial numerical score to each such Submission (based on the Video only) in order to identify the top fifteen (15) scoring Submissions for each Track (thirty (30) total), unless less than 75 Submissions are submitted to the Contest in either Track, in which case the OIE Staff will evaluate all eligible Submissions for such Track in accordance with the Contest Criteria and assign an initial numerical score to each Submission in order to identify the top 15 scoring Submissions for such Track.
Following the above-noted initial review by the OIE Staff, the top 15 Submissions for each Track will then be evaluated and scored in a two-phase process, using the same Contest Criteria set forth above, by a panel of six (6) venture capital investors (the “VC Judges”). Sponsor reserves the right to designate alternate venture capital investors as VC Judges in the event of scheduling or other conflicts associated with the initially designated panel of VC Judges. The VC Judges will not have access to the OIE Staff’s scoring of the top 15 Submissions for each Track. The VC Judges will evaluate both the Videos and the Pitch Decks of the top 15 Submissions for each Track in accordance with the Contest Criteria and will assign a new numerical score to each such Submission (based on both the Video and the Pitch Deck) in order to identify the top six (6) scoring Submissions for each Track (for a total of twelve (12) top scoring Submissions). The Contestants who submitted such top twelve (12) scoring Submissions will be the winners of the Contest (each, a “Winner”).
In the event any of the foregoing reviews produce any Submissions with tied scores, all such Submissions will be re?evaluated and re?scored using fractional points by the OIE Staff or VC Judges, as applicable, to differentiate the scores for such Submissions.
NOTIFICATION OF WINNERS. Each Winner will be notified via the email address specified in the Winner’s Submission, on or about January 7, 2019. The Winners may also be sent a declaration of eligibility/liability/publicity release (“Release”), and be required to complete and return the Release to Sponsor within the time period specified therein. If Sponsor cannot locate any Winner within five (5) business days following Sponsor’s first attempted notification, or the Winner rejects the First Prize (defined below) or refuses to execute the Release (if any), the First Prize will be forfeited and awarded to an alternate Winner—specifically, the next highest scoring Submission as scored by the VC Judges, until all twelve (12) Winners have responded, accepted the First Prize and executed the Release (if any). Sponsor may not and is not obligated to make multiple attempts to contact Winners. In the event that twelve (12) Winners cannot be identified following reasonable efforts by Sponsor, Sponsor will make a donation to a charity in California equal to the value of the unawarded First Prize(s). Non?compliance with these Official Rules may result in disqualification and selection of an alternate Winner. In the event of a dispute as to the identity of a Winner (as defined below), the Winner will be deemed to be the authorized account holder of the email address listed in the Submissions form.
Twelve (12) First Prizes will be awarded in this Contest – specifically, to the top six (6) scoring Submissions for the Early-Stage Track and the top six (6) scoring Submissions for the Late-Stage Track. Approximate Retail Value of each First Prize: $3,000 - $4,000 (with the range due primarily to airfare differences depending on the Winner’s location).
The First Prizes and the Grand Prizes are each referred to in these Official Rules as a “Prize”.
PRIZE CONDITIONS. No substitution, transfer, or cash redemption of any Prize, or any part thereof, is permitted. Notwithstanding the foregoing, Sponsor reserves the right to substitute any Prize, or any part thereof, with another prize of equal or greater value should the Prize or any portion thereof become unavailable or unfeasible for any reason. The Winner must follow all instructions communicated by or on behalf of Sponsor for the redemption of the travel, lodging, meals and other components of the Prize. No Winner is entitled to the difference between the stated approximate retail value and the actual price, if any. In the event that any Winner declines the opportunity to attend or does not make a timely election to attend the GCVI Summit or otherwise declines a Prize, such Winner forfeits the Prize (and it, or a prize of equal or greater value, will be awarded to an alternate winner, as set forth above). Winners may not assign or transfer their Prize, or any part thereof, to another person, business, entity or organization. All activities related to the Prize are at the Winner’s own risk and subject to any and all applicable restrictions, whether imposed by the entities that govern such activities, by contractual obligations to which Winner is already subject and/or by applicable law. Winners must bring all necessary identification and travel documents when traveling to the GCVI Summit. Choice of airline shall be at the discretion of Sponsor. Travel must occur on dates selected by Sponsor. Travel arrangements are subject to availability and to the terms of conditions of the airline. Once flight arrangements have been booked, Sponsor reserves the right to not change or modify such arrangements. Winner is solely responsible for any unspecified expenses related to the Prize, including without limitation and any and all federal, state, and local taxes on the Prize, or special airport taxes and fees.
PUBLIC VOTING FOR VIDEOS. Unrelated to the selection of the Winners in this Contest (as described above), all Videos submitted to this Contest may also accumulate votes from the public online, solely for purposes of Sponsor determining a separate “top 10” Videos to post on a designated section of the Contest Site following the conclusion of the Contest Period. For purposes of the foregoing, the “votes” for each Video will be based on a weighted tabulation of the following activities associated with each Video during the Contest Period: (a) number of clicks of the “Vote” button on the Contest Site for the Video (weight: 7); (b) number of Facebook Likes for the Video (weight: 8); (c) number of Facebook Shares of the Video (weight: 7); and (d) number of Tweets of the Video (weight: 7). Any such activity determined by Sponsor in its sole discretion to have been generated by automated means will be subject to not being included in the foregoing tabulation. Sponsor reserves the right in its sole discretion to determine how long to keep the “top 10” Videos posted on the Contest Site. You acknowledge that no prize will be awarded to any of the “top 10” Videos posted to the Contest Site pursuant to this provision. You further acknowledge that the “votes” accumulated for each Video pursuant to this provision will have no bearing whatsoever on the selection of the Winners of the Contest (who will be selected solely as set forth in Section 10 above). This is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, or Google, and you are solely responsible for your engagement with such platforms subject to all terms and conditions of each such platform.
RELEASE. By entering this Contest, each Winner hereby agrees to release, waive and discharge Sponsor and each of its officers, directors, employees, agents, and other representatives from any and all claims, demands, obligations, causes of action and liabilities which now exist or may hereafter arise that relate in any way to such Winner’s participation in the Contest, including from any use, redemption, acceptance, possession, ownership, or misuse of the Prize or any portion thereof, or any participation in any activity, event, or excursion offered in connection with the Prize or any portion thereof.
LIMITATIONS OF LIABILITY. Sponsor is not responsible for any liability that may arise from (a) any lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connection, availability or accessibility; (b) any miscommunication or failed computer, satellite, telephone or cable transmission, line, or other technical failure; (c) any jumbled, scrambled, delayed, or misdirected transmission; (d) any computer hardware or software malfunction, failure or difficulty, or (e) any other error or difficulty of any kind, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Submissions, the announcement of the Prizes or in any Contest-related materials. Sponsor is also not responsible for any incorrect or inaccurate information regarding the Contest, whether or not caused by tampering or hacking. Any person who tampers with or abuses any aspect of the Contest, who is in violation of these Official Rules, or who acts in an unsportsmanlike or disruptive manner as solely determined by Sponsor, will be subject to disqualification.
GENERAL CONDITIONS. Sponsor reserves the right in its sole discretion to suspend, modify or cancel the Contest for any reason, including without limitation should any portion of the Contest be compromised by any technical failure or other factor beyond Sponsor’s control that impairs the integrity or proper functioning of the Contest. If the Contest is cancelled, sponsor may select the Winners from among all eligible entries received prior to such date in a non-random manner deemed fair and appropriate by Sponsor under the circumstances. Sponsor reserves the right in its sole discretion to disqualify any Contestant who is found to be (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner; (c) acting with the intent to disrupt or undermine the legitimate operation of the Contest; or (d) acting with the intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Contestants may not enter with multiple identities or use any automated system, bot, or other similar device or artifice to enter the Contest.
ARBITRATION. Any and all disputes, claims, or controversies of any kind arising out of or related to this Contest or these Official Rules (“Claims”) shall, except where prohibited by law, be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a sole arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA’s Consumer-Related Disputes (collectively, the “AAA Rules”), which provide for, among other things, which party shall pay the administrative, arbitrator and other fees. The arbitration shall be held at a location in the state in which you live or such other location mutually agreed to by the parties. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only Sponsor’s or your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Notwithstanding anything to the contrary in these Official Rules, all parties retain the right to seek relief in a small claims court for claims within the jurisdictional limits of the small claims court. Any such small claims court action shall be in lieu of arbitration or an action in any other court.
GOVERNING LAW. This Contest, these Official Rules, and all Claims under the foregoing arbitration provision and the procedures applicable to any such arbitration shall be governed by and construed in accordance with the laws of the State of California without giving effect or regard to any principles or doctrines of conflicts of law.
WINNER’S LIST. To obtain a list of the names of the winners in the Contest, mail a self?addressed stamped envelope to University of California Entrepreneur Contest - 2018 (Request for Winner’s List), Office of the President, 1111 Franklin Street #10329G, Oakland, CA 94607, postmarked no later than December 31, 2019.
SPONSOR: The Regents of the University of California, 1111 Franklin Street, 8th Floor, Oakland, California 94607.