Frandowment Competition 2022: Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
ELIGIBILITY:
The Brooklyn Robot Foundry “2022 Frandownment Contest” (the “Contest”) is open only to legal residents of Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Idaho, Iowa, Kansas, Louisiana, Maine, Massachusetts, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Vermont, Virginia, West Virginia, and Wyoming, who are 21 years of age or older. Employees, agents, officers and directors of Brooklyn Robot Foundry Franchising, LLC (“Sponsor”), and its affiliates, subsidiaries, franchisees, divisions, advertising, promotional, fulfillment and marketing agencies, their immediate families (parent, child, sibling or spouse) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Contest.
By entering the Contest, you agree to release, discharge and hold harmless Sponsor, its affiliates, subsidiaries, franchisees, divisions, retailers, agencies and their respective officers, directors, employees
and agents, from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Contest or any portion thereof, or the acceptance, use/misuse or possession of prizes. By entering, you agree to these Official Rules and to the decisions of the contest judges, whose decisions are final and binding in all respects.
HOW TO ENTER:
To enter, you first need to create and submit at https://brooklynrobotfoundry.com/frandowment/ (a) an original video where you answer why should you own a Brooklyn Robot Foundry franchise, what makes you most qualified, how would you make it a success, and why would it be meaningful to you personally, (b) your resume, and (c) an entry form with requested personal information (including your name, address, email address, mobile phone number, birthdate, prior business experience, limited financial information, and other information as requested) (collectively, an “Application”). Only one Application per contestant.
The Contest Application entry period begins at 12:00:00 AM Eastern Time (“ET”) on July 13, 2022 and ends at 11:59:59 PM ET on December 1, 2022. Applications received after the Contest entry period are void and ineligible for consideration by judges. Once you submit your Application, you will be officially entered into the Contest. If your Application is selected to advance to the next round, then you will then be required to prepare certain sample marketing materials, which you will be judged upon (“Phase Two”). The deadline to complete Phase Two is January 5, 2023. If you advance to the next stage, you will be required to prepare a business plan, which you will be judged upon (“Phase Three”). The deadline to complete Phase Three is February 1, 2023. If you advance to the final phase, then you will be required host an event based upon certain guidelines and expectations that Sponsor will determine, which you will also be judged upon (“Phase Four”). The deadline to complete Phase Four is March 21, 2023. Sponsor reserves the right to extend the deadline to submit Applications, entries for Phase Two, Phase Three, and/or Phase Four in its sole discretion.
Any documents, videos, pictures, and materials (in paper or electronic format) that you submit or incorporate as a part of the Application, Phase Two, Phase Three, and/or Phase Four of the Contest is referred to collectively as your “Entry.”
Entries cannot be revised or altered once submitted. By your submissions, you represent and warrant that your Entry is your own original creation, has not been copied in whole or in part from any other work and does not violate or infringe any copyright, trademark or other proprietary right of any person or entity (including any rights of privacy or publicity).
By entering the Contest, you grant an irrevocable, perpetual, worldwide non-exclusive license to Sponsors, to reproduce, distribute, display and create derivative works of your Entry in connection with the Contest, promotion of the Contest, promotion of the Brooklyn Robot Foundry franchise system, and/or for use in the Brooklyn Robot Foundry franchise system, in any media now or hereafter known. Display or publication of any Entry on Sponsor’s website does not indicate the Contestant will be selected a winner. Sponsors will not be required to pay any additional consideration or seek any additional approval in connection with such use. By entering, you grant to Sponsor the unrestricted right to use all statements made in connection with the Contest, and your pictures or likenesses, or choose not to do so, at Sponsor’s sole discretion. Sponsors will not be required to pay any additional consideration or seek any additional approval in connection with such use.
Upon conclusion of the Contest (or if at any point in the Contest your Entry does not advance to the next phase) or at any other time during the Contest upon written notice from Sponsor, you must immediately cease and desist using, coping, reproducing, duplicating, or distributing all of Sponsor’s trademarks, services marks, logos, insignia, and other intellectual property (“Intellectual Property”).
Sponsor shall have the right to disqualify any Entries that it deems obscene, vulgar, sexually explicit, lewd, derogatory, racist, homophobic, inappropriate, to violate Sponsor’s standards and specifications in connection with its Intellectual Property, or otherwise to not be in good taste, as determined by Sponsor in its sole discretion. Sponsor is not responsible for late, lost, illegible, incomplete, stolen, garbled or misdirected Entries, all of which are void. Odds of winning depend on the number of eligible entries received.
CONTEST JUDGING:
Application: The Contest judging period of the Applications begins on December 2, 2022, and ends on
December 12, 2022. Sponsor and/or its designees will subjectively judge and score each Application
based on the following criteria: diversity/community; business/mentorship; passion for STEAM (science,
technology, engineering, arts, math) and/or children; personality and persuasion; and creativity. The
contestant must also agree to develop and operate the Brooklyn Robot Foundry franchised business
within a 75-mile radius of zip code 11231 in order to advance to Phase Two. Sponsor will select 15
contestants to advance to Phase Two, however, Sponsor may select additional contestants to advance in
the event of a tie. Sponsor reserves the right to have less than 15 contestants advance to Phase Two
based upon the number of total Entries in the Contest.
Phase Two: The Contest judging period of Phase Two begins on January 6, 2023, and ends on
January 12, 2023. Sponsor and/or its designees will subjectively judge and score each Entry based on
the following criteria: building skills; personality and persuasion; attention to detail; social media
engagement; consumer insight; and creativity. Sponsor will select ten contestants to advance to Phase
Three, however, Sponsor may select additional contestants to advance in the event of a tie. Sponsor
reserves the right to have less than ten contestants advance to Phase Three based upon the total
number of Entries in the Contest and the number of Entries that advanced to Phase Two.
Phase Three: The Contest judging period of Phase Three begins on February 2, 2023, and ends on
February 12, 2023. Sponsor and/or its designees will subjectively judge and score each Entry based on
the following criteria: knowledge of the business; understanding of the market; attention to detail; social
media engagement; personality and persuasion; and overall strength of plan. Sponsor will select five
finalists to advance to Phase Four, however, Sponsor may select additional finalists to advance in the
event of a tie. Sponsor reserves the right to have less than five contestants advance to Phase Four based
upon the total number of Entries in the Contest and the number of Entries that advanced to Phase Three.
Phase-Four: Sponsor will contact the Phase Four finalists for its standard franchisee screening process,
in which business experience, financial assets, background check and other requirements of prospective
Brooklyn Robot Foundry franchisees will be evaluated to the extent such information has not already
been provided during the Contest. All information provided by finalists is subject to verification by
Sponsor. All finalists will be provided Franchise Disclosure Documents in compliance with state and
federal law.
The Contest judging period of Phase Four begins on March 22, 2023. Sponsor and/or its designees will subjectively judge and score each Entry based on the following criteria: logistics; leadership; personality and persuasion; creative problem solver and improvisation skills; ability to demonstrate having fun and remaining calm under stress; and turnout. Sponsor will select one Grand Prize Winners from the finalists. Sponsor’s decisions will be final and binding. The Grand Prize Winner will be notified by April 1, 2023, and will be announced once the prize is accepted.
If the potential winner cannot be contacted, is ineligible, or fails to return the completed and executed documents; or if the potential winner otherwise fails to fully comply with these Official Rules, the prize may be awarded to an alternate winner as selected by Sponsor.
CONTEST PRIZE:
Sponsor will award one Brooklyn Robot Foundry franchised business to the Grand Prize Winner. The “Grand Prize” consists of the following: (i) the right to enter into a limited 10-year term license agreement with Sponsor to operate one Brooklyn Robot Foundry franchised location to be located within select markets, designated by Sponsor, within a 75-mile radius of the zip code 11231; (ii) a waiver of the initial franchise fee (valued at $30,000); (iii) free initial inventory (valued at $5,500); (iv) a one-year waiver of the Technology Fee (valued at approximately $9,600); (v) a one-year waiver of Royalty Fees (value varies); (vi) and a one-year waiver of Marketing Fees (value varies). The total approximate retail value of the prize is $45,100, plus the one-year waiver of certain fees.
No substitution, transfer of any prize or cash alternative permitted, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize of equal or greater value, if the prize, or portion of the prize, becomes unavailable. The prize may not be redeemed for cash value. If the individual selected declines to accept the prize or is unable to fulfill Contest requirements, there will be no cash compensation.
All federal, state, local, and other taxes on the prize are the sole responsibility of the winner. All other expenses not specified herein, including federal, state, local, and departure, licenses and registrations, are the sole responsibility of the winner.
This information is not intended as an offer to sell, or the solicitation of an offer to buy, a franchise. It is for information purposes only. Currently, the following states regulate the offer and sale of franchises: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York,
North Dakota, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin. If you are a resident of or want to locate a franchise in one of these states, Sponsor will not offer you a franchise unless and until Sponsor has complied with applicable pre-sale registration and
disclosure requirements in your state. A Brooklyn Robot Foundry franchise is currently not available in the States of California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, Nebraska, North Dakota, Rhode Island, South Dakota, Utah, Virginia, Washington, and Wisconsin.
Contestants will not be asked to make monetary payments to enter or win the Grand Prize. However, the winner will have financial obligations relating to operating a Brooklyn Robot Foundry franchise after award of the Grand Prize.
LIMITATION OF LIABILITY AND LIABILITY RELEASE; INDEMNIFICATION:
By entering the Contest, you agree to release and hold harmless Brooklyn Robot Foundry Franchising, LLC and its subsidiaries, affiliates, franchisees, agents, advertising and promotions agencies, partners, representatives, successors, assigns, contest judges, and the employees, officers and directors and members of each of them or others working on their behalf and any publishers, or other interested media from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation: (i)property damage, including but not limited to your computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from your participation in the Contest; (ii) personal injury and/or death which may occur in connection with, preparation for, or participation in the Contest; (iii) technical failure of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iv) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (v) possession, acceptance and/or use, misuse, non-use and/or delivery of the Grand Prize; (vi)claims based on publicity rights, defamation or invasion of privacy and intellectual property rights; (vii) the ability or inability to upload or download any information in connection with participating in the Contest; (viii) for technical problems or technical malfunctions which may affect the operation of the Contest; and (ix) Contest cancellation or non-award of the Grand Prize.
By entering the Contest, you agree to indemnify and reimburse Sponsor and its subsidiaries, affiliates, franchisees, agents, partners, representatives, successors, and assigns (the “Indemnified Parties”) from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever incurred by any of the Indemnified Parties arising out of or relating to your Entry or involvement in the Contest, and all reasonable costs of defending any claim brought against any Indemnified Parties or any action in which any Indemnified Parties are named as a party (including reasonable attorneys’ fees) unless the loss, liability, damage or cost is solely due to the Indemnified Parties’ gross negligence or willful misconduct. Further, you agree to give Sponsor immediate written notice (at the address specified at the bottom of these Official Rules, or as we otherwise specify in writing) of any such action, proceeding, demand or investigation brought against you arising out of or related to the Contest. Sponsor may, at its option, designate counsel, at your expense, to defend or settle such action, proceeding, demand or investigation brought against you, but this right does not diminish your indemnification obligations described in these Official Rules. You must pay all losses, liability or damages Sponsor incurs pursuant to your indemnification obligations described herein regardless of any settlement, actions or defense Sponsor undertakes or the subsequent success or failure of any settlement, actions or defense.
Prior to uploading the video to our website, make sure that it adheres to the Contest rules and is not subject to disqualification for inappropriate content or the use of copyrighted material without permission. In addition, before uploading your video make sure that you have received written permission for the use of the image/likeness of any and all identifiable persons appearing in the video and make sure that the video does not contain the trademark, copyright or other intellectual property material owned by any third party unless you have a written license from that third party to use those materials.
PRIZE ACCEPTANCE:
In order to accept the Grand Prize, the winner must meet the current Brooklyn Robot Foundry requirements to be a franchisee and must sign the current Brooklyn Robot Foundry Franchise Agreement, including without limitation the obligation to pay future franchise fees and royalties and limitations on transfer of the franchised business. The Grand Prize Winner will be the owner or lessee of the property for the franchised business and is responsible for all other expenses associated with opening and operating the franchised business, including advertising, ongoing inventory and supplies. The Grand Prize Winner should independently evaluate the franchise opportunity and has no obligation to accept the prize. If an initially selected Grand Prize Winner chooses not to accept the prize, Sponsor may select an alternate winner.
In addition to signing a Brooklyn Robot Foundry franchise agreement, each Grand Prize Winner may be required to satisfactorily complete an affidavit of eligibility showing that winner has complied with these rules, and a Liability and Publicity Release. The Grand Prize Winner must agree in writing that Sponsor, and anyone that it may authorize, may without compensation publish, display and otherwise use winner’s name, photograph or other likeness, biographical information and statements concerning the Contest for purposes of advertising and promotion without additional compensation. A Grand Prize Winner must also be available for in-person promotional activities as requested by Sponsor.
GENERAL CONDITIONS:
All interpretations of these Official Rules shall be made by Sponsor or its designated judges, whose decisions and interpretations shall be final and binding.
Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest, to void suspect Entries and/or cancel, terminate or suspend any portion of this Contest should a virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Contest and, in any such event, at its discretion, select winners from eligible, non-suspect Entries received prior to the event requiring such termination, cancellation or suspension.
Sponsor reserves the right to correct typographical, clerical or printing errors in any Entry materials. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by human errors or omissions, natural disasters, data transmissions or any other means; is not responsible for contacting any contestant by any means if that contestant has changed contact information and fails to provide Sponsor with the new contact information.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to terminate, cancel, suspend and/or modify the Contest if any fraud, virus or other technical problem corrupts the administration, security, or proper play of the Contest, as determined by any of Sponsor in its sole discretion.
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 entrant and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
WINNERS LIST:
To receive the name of the winners or a copy of these rules, send a self-addressed stamped envelope to: Brooklyn Robot Foundry Franchising, LLC, 98 4th Street, Suite 106, Brooklyn, NY 11231.
Sponsored by:
Brooklyn Robot Foundry Franchising, LLC
98 4th Street, Suite 106
Brooklyn, NY 11231