Challenges
IDEO LLC or any of its related, affiliated or subsidiary companies (“IDEO”) owns and operates the Internet site located at http://www.openIDEO.com (the “Site”).  By accessing, browsing and/or using the pages in the Site, you (the “User”) have already agreed to the openIDEO Terms of Use (the “Terms and Conditions”).  You may also enter a challenge set on the Site (the “Challenge”) with your own contribution, content, or comment on another contribution (your “Contribution”) and this is further governed by these terms and conditions (the “Challenge Rules”) which in the event of conflict shall have precedence over the Terms and Conditions.

Subject to agreement to these Challenge Rules, and registration on the Site (www.openIDEO.com) or directly on www.openplanetideas.com (the “Challenge Site”) Users will be able to view an outline of what the Challenge is (the “Challenge Brief”) and opt to subscribe to the Challenge by posting your Contribution (the “Entrants”). For each and every Contribution to the Challenge via either the Site or the Challenge Site, Entrants accept and agree to the Terms and Conditions and the Challenge Rules.

By accessing and using the Challenge Site, and by checking the “I agree” box an Entrant acknowledges and confirms that it has read, understands and agrees that these Challenge Rules, which include the Challenge Brief (and any amendments thereto), form a binding agreement (“Agreement”) between the Entrant and Sony Europe Limited (“Sony”), and that the entrant has no objection to them and agrees to be bound by this Agreement.

For the avoidance of doubt, any reference to “you” in these Challenge Rules shall be a reference to both a User and an Entrant.

If you do not agree to these conditions please note that you will not be able to submit a comment, posting or Contribution for the Challenge.

Challenge Host
Sony is the host of the Open Planet Ideas Challenge on the Challenge Site.

The Challenge Brief
Sony is looking for ways in which today’s existing technology can be repurposed to address the environmental challenges that we are all facing.  The Challenge shall commence with a Challenge Brief to find environmental themes that are most important for the Users. Following the initial inspiration phase (as detailed below) a more detailed Challenge Brief will be posted on the Challenge Site.

Users will be able to comment, applaud and build on each other’s ideas.  Following an evaluation phase and shortlisting of the concepts, one idea will be chosen by an independent judging panel appointed by Sony.

The chosen idea will be brought to life by Sony. This will involve development into a proof of concept and/or a white paper.

Entrants
The Challenge is open to everyone who registers and agrees to the Terms and Conditions and these Challenge Rules. 

Users under the age of 13 may only use the Challenge Site in conjunction with and under the supervision of parents or legal guardians.  Users under the age of 18 cannot enter into an agreement with Sony so we ask that their parents or legal guardians register on the Challenge Site and agree to the Challenge Rules on their behalf.

The primary language for the Challenge is English to enable sharing of ideas globally. However Sony has included a translation tool on every page to help you participate even if you are not a fluent English speaker.

Awards
The Entrant who submits the chosen concept, as decided by the judging panel appointed by Sony, together with a minimum of 2 other Entrants who are judged to have provided the most valuable Contributions, will be invited to work with Sony engineers on the ‘realisation phase’ (as further detailed below). This will include a visit to a European Sony location (as determined by Sony) for a special awards presentation and a “hackday” to further discuss the chosen concept in February 2011.  Sony will arrange the necessary economy class flights to and from the European Sony location, and 1 nights’ hotel stay (minimum 3*) for the invited Entrants. Should an invited Entrant be under 18 years old, Sony will also provide an economy class flight and 1 nights’ hotel stay (minimum 3*) for a parent or legal guardian to accompany the Entrant.  Any personal expenses, including travel to and from the airport and food and drink as well as further hotel stays after the 1 night, are the responsibility of the Entrant. There is no cash alternative.

Sony has the right to use the winning Contribution(s) (the “Results”) to announce the Awards on the Challenge Site, the openIDEO website (openideo.com), on IDEO.com, any Sony websites and others. The right shall include, without limitation, the right to reproduce, distribute, publish, perform, display and create derivative works of the

Results.
Awarding Criteria
The judging panel appointed by Sony will give all Entrants’ Contributions such consideration as is warranted by its sole judgment. Its review of your Contribution shall not be construed as any recognition of the novelty or originality of your Contribution. Sony, and/or the judging panel, is not obligated to give reasons for rejecting your Contribution, or your Contribution not featuring in the Results, or to reveal their activities that are related to the subject matter of your Contribution.
The decision of the judging panel appointed by Sony is final and there is no right of appeal.

Method and Timescale
Inspiration Phase
The inspiration phase will start at 9:00 (CET) on September 1st 2010 and end at 18:00 (CET) on October 1st 2010. Users will be able to submit their Contributions in this phase in the form of text, photos, images and video via the Challenge Site only.  Any Contributions submitted after the deadline of 18:00 CET on October 1st 2010 will not be taken into account for the synthesis and forming of the final Challenge Brief.

Concepting Phase
Following synthesis of the inspiration content offline, the final Challenge Brief will be written and posted to the Challenge Site by Sony. The concepting phase will start at 10:00 (CET) on October 11th 2010.  Users will be asked to submit their Contributions in this phase via a capture sheet on the Challenge Site.  All Contributions must be submitted by November 29th 2010, at 18:00 (CET).  Any Contributions submitted after this date will not be considered for evaluation phase. All Contributions must be submitted via the Challenge Site. 

Evaluation Phase
Up to 30 Contributions submitted during the concepting phase will be taken forward to an evaluation phase.  The Contributions taken forward are selected by the judging panel who will also consider any User feedback and any User and/or Entrant vote as one of the selection criteria. The evaluation phase will start at 10:00 (CET) on the 6th December 2010 and will end at 18:00 (CET) on December 31st 2010.

Chosen Concept Phase
The chosen concept shall be selected from the Contributions short listed in the evaluation phase by the judging panel, and this will be announced on the Challenge Site on January 11th 2011.

Realisation Phase
Sony will develop the chosen concept further into a proof of concept stage during the realisation phase. Regular updates will be posted on the Challenge Site regarding the progress of the realisation phase and the Entrants as chosen to participate in a “hack day”, as described in awards section of this document, shall be contacted by Sony.
Due to the nature of Challenges and that Contributions cannot be predicted or elicited at the outset of a Challenge, Sony, acting fairly, reserves the right to amend the Method and Timescale at short notice.

Intellectual Property
To comply with the Terms and Conditions of the openIDEO Terms of Use, IDEO and Sony advise against you posting a Contribution if you have a patent, patent application, or other form of registered or unregistered intellectual property for the Contribution, or part thereof. IDEO and Sony accept no liability if an Entrant breaches this advice.

By submitting a Contribution and agreeing to these Challenge Rules, the Entrant grants Sony and its designees a unrestricted, perpetual, irrevocable, non-exclusive fully-paid up and royalty-free worldwide license to use any ideas, expression of ideas or other materials (including any and all intellectual property rights therein or relating thereto) you submit on the Challenge Site without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party.  The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, develop, license the Contribution or parts thereof, and all rights therein, in the name of Sony, or its designees throughout the universe in perpetuity in any and all media now or hereafter known.

It is Sony’s intention to release into the public domain the chosen concept developed during the realisation phase.  Notwithstanding the same, in submitting a Contribution, the Entrant acknowledges that Sony shall own all intellectual property rights created or arising from any development by Sony or its designee of any Contribution.

Entrants may also be asked to feature in videos, press releases, TV commercials and other communications materials promoting the Challenge at the different stages of the Challenge. In such cases, Entrants will be contacted by Sony in advance to seek permission to feature their name or image in any such materials.

In return for Sony’s review and consideration of your Contribution, you acknowledge that you have read, understand and agree to these Challenge Rules, including the terms listed below, and further agree that these terms shall apply to any additional Contribution, update to Contributions or content previously or later submitted, until such time as Sony otherwise agrees in writing:

To the best of your knowledge, your Contribution represents your own original work, you have all necessary rights to disclose your Contribution to Sony and in doing so Sony’s review and/or use of your Contribution, will not infringe upon any other individual’s or entity’s rights.

You understand that disclosure of your Contribution to Sony does not establish a confidential relationship or obligate Sony to treat your Contribution (or any related content) as secret or confidential.

You understand that Sony has no obligation, either express or implied, to develop or use your Contribution and that, unless explicitly stated in these Challenge Rules, no compensation is due to you or anyone else for any inadvertent or intentional use of that Contribution, related Contributions or Contributions derived from your Contribution. You understand that Sony assumes no obligation with respect to any Contribution.

You acknowledge and declare that you have read and fully understood these Challenge Rules and appreciate the nature, extent and consequences of this Agreement, and the submission of your Contribution to Sony on the Challenge Site is entirely voluntary.

You acknowledge that Sony, directly or indirectly, may be working on the same Contribution or a similar Contribution to your Contribution, or already know of such Contribution from other sources. You also understand that other Users and/or Entrants may be working on the same or a similar Contribution.

You agree that (except to the extent that these terms are superseded by a separate agreement in writing by you and Sony) you hereby irrevocably release and forever discharge Sony from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Sony and its affiliates and subsidiaries or their respecting successors and assigns with respect to your Contribution, including without limitation in respect of how Sony directly or indirectly uses your Contribution.

Your Contribution, including any personally identifiable information, is voluntary and subject to the IDEO’s Site Privacy Policy. You are responsible for the content of your Contribution and agree to defend (at Sony’s option and at your sole expense), indemnify and hold Sony harmless from any damages, losses, costs, or expenses, including attorneys' fees, which Sony may incur as a result of your Contribution. If you are viewing the Challenge Site on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Challenge Site and the computer system you are using to prevent unauthorised Contributions.

You represent and warrant that you are the owner of all Contributions and have all legal right and authority to grant Sony the license and rights set forth herein and that all necessary licenses, permissions, releases and consents required (including without limitation, privacy releases and/or publicity releases necessary for Contributions depicting people, products, businesses, or other content) have been obtained for you to grant the licenses contained herein.

You agree that Sony shall not be responsible for any fees that are or become payable as a result of the copying, distribution or display of the Contributions, including without limitation fees:
(i) for any images or video recording embodied in the Contributions;
(ii) for any composition or underlying works embodied in any Contributions; or
(iii) to any actor, model, writer, creator, composer, artist or artist affiliated entity.

Sony retains the right to review, edit or delete from this Challenge Site any Contribution which Sony in its sole discretion considers illegal, offensive or otherwise inappropriate.

Due to the volume of responses, it is not possible for Sony, to respond to or comment on every Contribution made to the Challenge Site. By making a Contribution to the Challenge Site, you hereby represent and warrant that:
you either own or control all of the rights to the content submitted, or
you have obtained permission from the owner of the content to submit the information; and
that you have received all necessary permissions from any person mentioned in your Contribution to submit such information, including images, video and audio, to the Challenge Site to be used in accordance with these Challenge Rules and the Terms and Conditions.

Disclaimer
The materials and information on this Challenge Site may include technical inaccuracies or typographical errors. Sony may make changes or improvements at any time without notice. The materials, information and services provided by Sony on this Challenge Site are provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, Sony provides this Challenge Site on the basis that Sony excludes all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for a particular purpose and the use of reasonable care and skill) which but for these Challenge Rules might have effect in relation to the Challenge Site.

Liability
To the maximum extent permitted by applicable law, Sony, any other party (whether or not involved in creating, producing, maintaining or delivering the Challenge Site) and the officers, directors, employees, shareholders or agents of Sony exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort (including without limitation negligence, contract or otherwise)) in connection with the Challenge Site in any way or in connection with the use, inability to use, or the results of use of the Challenge Site, any websites linked to the Challenge Site, or the material on such websites, including but not limited to loss or damage due to viruses that affect your computer equipment, software, data or other property on account of your access to, use of or browsing the Challenge Site or your downloading of any material from the Challenge Site or any website linked to the Challenge Site.

Nothing in these Challenge Rules shall exclude or limit Sony’s liability for
(i) fraud; wilful misconduct or gross negligence;
(ii) death or personal injury caused by its negligence; or
(iii) any liability which cannot be excluded or limited by law.

Trademark Information
Sony and make.believe are trademarks of the Sony Corporation, Japan.  Any use of Sony name or logo by a User or Entrant in their own activities requires prior written approval by Sony.

Contact
By agreeing to these Challenge Rules, you also agree to be contacted via email or by post by Sony or its representatives regarding this Challenge and any similar challenges that Sony may run in the future. You may opt out from our communications at any time by emailing openplanetideas@openideo.com

Compliance
Sony to the best of its knowledge and in good faith, shall comply with local and national statutes, laws, ordinances, rules, regulations, court orders, and other governmental requirements governing the Challenge.  Notwithstanding the foregoing, however, Sony does not warrant or represent that the Challenge is in compliance with any and all laws applicable to each and every entrant or location in the world from which this Challenge may be accessed, viewed or entered, whether domestic or international.

This Challenge is VOID WHERE PROHIBITED BY LAW.

Termination
The Challenge Rules shall terminate when the Challenge is closed.  The section titled ‘Intellectual Property’ will survive any termination or expiration of these Challenge Rules.

Jurisdiction and Compliance with Laws
Access to and use of this Challenge Site and the terms of these Challenge Rules are governed by English law. You, IDEO and Sony agree to submit to the jurisdiction of the English courts.

Questions on the Challenge Rules
Questions on these Challenge Rules may be addressed to opi.rules@openideo.com
 
Modifications to the Challenge Rules
Sony can revise these Challenge Rules at any time by modifying or updating this posting, except where other notice or consent is required by law. Your use of this website on or after the effective date of any such modification or update will constitute your acceptance of these Challenge Rules as modified and/or updated. These Challenge Rules were last revised on 1 August 2010.

Waiver
The delay or omission by either party to enforce or exercise any terms or right pursuant to these Challenge Rules will not impair any such term or right nor be construed to be a waiver thereof and shall in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.

Miscellaneous
If any part of these Challenge Rules is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Challenge Site for illegal purposes will be provided to law enforcement authorities. Save as provided in these Challenge Rules, you shall have no remedy in respect of any untrue statement (whether written or oral) made to you upon which you rely in agreeing to these Challenge Rules (a “Misrepresentation”) and Sony shall have no liability to you other than pursuant to these express Challenge Rules. Nothing in these Challenge Rules shall exclude or limit Sony’s liability for any Misrepresentation knowing it was untrue.

Translation note
This is a translation of the English version of the Challenge Rules.  The English version shall always prevail over this translation for any interpretation of the Challenge Rules.