HI-CHEW GAMING 2025
Fortnite Creative Island Challenge
Terms and Conditions
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL
NOT INCREASE YOUR CHANCES OF WINNING. The Fortnite Creative Island Challenge (the “ Challenge ”) is void where prohibited by law and participants must reside in one of the fifty states in the U.S. or in the District of Columbia (“ Eligibility Region ”). To participate, you must be a legal resident in the Eligibility Region and be eighteen (18) years of age or older at the time of entry and meet all other eligibility requirements stated herein. THE CHALLENGE SHALL CONSIST OF THE PERIOD COMMENCING ON [JUNE 11, 2025] AT 12:00:01 PM ET AND CONCLUDING ON [JUNE 27, 2025] AT 11:59:59 ET (the “Challenge Submission Period”).
Morinaga America, Inc., the official distributor of HI-CHEW in the U.S. (“ Sponsor ”), is sponsoring this call for submissions through the Challenge inviting Fortnite developers (“ Users ”, “ Submitters ”, “ You ” or “ Your ”) to submit their best Fortnite x HI-CHEW Creative Island (“ Maps ”) made using the HI-CHEW asset library (which includes candy factory architectural pieces, interactive devices (e.g. HI-CHEW Dispensers, candy explosives, bounce pads), custom visual effects (sparkling candy bursts, sugar particle effects), audio jingles/SFX, and branded decals (logos, wrappers, UI elements). described in detail in reference guide at [https://www.hichewmakers.com] (the “ HI-CHEW Tools ”) that fit the Challenge’s theme: “Bring HI-CHEW and Chewbie into Fortnite in a contextual and innovative manner” Any Maps and other materials and information included in or related to a submission to the Challenge are collectively referred to herein as a “ Submission .” The term “ Submission ” as used in these Terms shall also include related materials that are or may be provided to Sponsor and/or entities associated with the Challenge (collectively, “ Challenge Entities ”, and further defined in Section 2 below), with the initial Submission or later, that relate to the Submission (for example, supplementary materials provided in response to a specific follow-up request by Sponsor, whether sent via website, electronic mail, direct message, social media, or some other means) (with such additional materials and Likeness (as defined below) collectively referenced as “ Materials ”). Eligible Submissions will be screened, judged and scored by three (3) influential Fortnite creative expert judges (i.e., Birdo, Dagwummy, and ChitaZ, or alternate(s) at Sponsor’s sole discretion) and in accordance with Section 7 below, and the top three (3) eligible submissions, based on scores received, will be selected as winning Submissions; if eligible, each submitter that is declared a winning Submission will receive a cash prize of US$10,000, participate in the HI- CHEW creator incubator, a Fortnite Creative program aimed at celebrating community talents and embedding HI- CHEW in fan-made content, as managed by HI-CHEW or its subcontractors, as described in more detail in Section 8 below. The three (3) winning Submissions may be promoted by Sponsor and/or its affiliates, agencies and representatives (collectively, “ HI-CHEW ”) on or through HI-CHEW’s social media accounts and channels, websites, and/or other digital platforms, as further described in these Challenge Terms and Conditions (these “ Terms ” or “ Challenge Terms ” or “ Official Rules ”).
BY MAKING A SUBMISSION, YOU AGREE TO THESE TERMS, WHICH ARE A CONTRACT, SO PLEASE READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE CHALLENGE ENTITIES BY YOU (SEE SECTION 5), AS WELL AS CLASS ACTION AND JURY TRIAL WAIVER AND A REQUIREMENT THAT DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION (SECTION 11), AND A LIMITATION OF YOUR RIGHTS AND REMEDIES (SECTIONS 9-11).
The Challenge does not in any way change Your obligations to comply with the Fortnite Creative Island Rules (available at https://www.fortnite.com/news/fortnite-Map-creator-rules) and the associated requirements,
guidelines, and terms and conditions included or referenced therein (collectively, the “ Fortnite Terms ”). By submitting a Submission, You signify your agreement that You have reviewed and are compliant with the Challenge Terms, including the Arbitration Provision in Section 11, and all other rules, requirements, guidelines, and terms and conditions (including any third-party rules, requirements, guidelines, terms and conditions) that apply to the Maps (or, if applicable, any other Materials) included or referenced in Your Submission.
1. Sponsor.
The Challenge is sponsored by Morinaga America, Inc., 4 Park Plaza, Ste 750 Irvine, CA 92614.
The Challenge Entities , their parents, representatives, agents, legal counsel, consultants, contractors, marketing, public relations, promotional, fulfillment, and marketing agencies, website providers, and webmasters, as well as their respective employees, officers, and directors, and the three (3) experts who will serve as judges in the Challenge. The Challenge Entities may support Sponsor in administering the Challenge (or any part thereof) and any activities relating thereto. The Challenge is not sponsored, endorsed or administered by Epic Games, Inc.
2. Eligibility.
You may only enter the Challenge if you are at least eighteen (18) years of age or the age of majority and reside in the U. S. at the time of entry into the Challenge. Employees, officers, and directors of Sponsor, any of the Challenge Entities, any of the three (3) expert judges or any of their respective parents, representatives, agents, legal counsel, consultants, contractors, marketing, public relations, promotional, fulfillment, and marketing agencies, or website providers who are involved in the design, execution or other implementation of the Challenge (i.e., the “ Challenge Entities ”), as well as their respective employees, officers, and directors, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of winners.
While You may submit a “ Group ” Submission, only the owner of the Fortnite Island Creator account associated with the Map that is submitted or referenced in the Submission is eligible to enter that Map as a Challenge Submission, provided that they otherwise meet all other eligibility requirements and follow the instructions to enter the Submission below. Only one person may make a Group Submission and/or communicate with Sponsor with regard to that Submission, and/or perform any actions on behalf of the Group in connection with the Challenge and/or communicating with the Challenge Entities, including but not limited to collecting and distributing any prize; all other members of the Group should simply be listed in the Submission/entry. To be listed in a Group entry, all members of the Group must be eligible to participate in the Challenge in compliance with these eligibility requirements.
3. To Enter a Submission.
To enter a Submission, after creating a Fortnite Map using the HI-CHEW Tools that has progressed to at least the “ Playable Build ” stage, Submitters must navigate to the Contest website at https://www.hichewmakers.com/ during the Challenge Period to submit Your Submission to Sponsor for consideration, click “Submit” and provide all requested information. To be eligible for consideration, You must follow all on-screen prompts to answer all the required questions and provide all required information, including Your full name, email address, and creator name (i.e., the creator name that is / will be associated with Your Map once published), and the Map Code for Your Map (if already published) / Test Link for Your Map (if not yet published). Entries must be submitted by the Submitter. Entrant may be asked to answer optional questions and/or register for future notices of online promotions; however, you need not answer these questions or agree to receive future emails in order to be eligible for entry in the Challenge. Acceptance of a Submission does not guarantee review or promotion by Sponsor or the Challenge Entities of any Map referenced in a Submission. Submissions will be reviewed only if they meet all eligibility criteria.
Then, you may submit your Submission. Sponsor is looking for Maps that leverage the HI-CHEW asset pack inside innovative Fortnite experiences, bringing the brand to life in a Fortnite-native way. Sponsor is looking for Maps that push boundaries in the Fortnite platform, while also staying true to the HI-CHEW brand values - please refer to Section 7 below for Judging Criteria for Selection. Please retain a copy of or access to Your Submission. You may only include one (1) Map in a Submission, and each Map may not be included in more than one (1) Submission. The Map referenced in the Submission must have progressed to at least the Playable Build stage at the time of Submission.
Any Submission that you upload MUST:
● Limit attached files to either MP4, JPG or PNG format.
● Have a maximum size of 50MB per attached file.
● Include no more than six (6) files.
● Include only one Map.
● Have been created by You or Your Group (as defined below) using the HI-CHEW Tools.
Submissions that do not provide all required information or which do not follow the required format for submission, or that are submitted in any manner other than one specified in these Terms or otherwise fail to comply with these Terms may be disqualified at Sponsor’s sole discretion. You may submit more than one (1) Submission; however, each Submission must be submitted separately, and the same Map cannot be included in more than one (1) Submission. You may only submit a Map that was created by You or Your Group (as defined below) and associated with Your own creator name. Any Group Submission will be attributed to the creator account used to make the Map, and the Submission should be submitted accordingly, however, the Group Submission should also identify all individuals involved in creation of the Map (along with the creator, who shall be identified as “ Group Leader ”) with the information submitted. If the Submission is selected as a prize winner, the prize will be awarded to the Group Leader, who shall be responsible for distribution of the prize and coordination of communications, obtaining releases, etc. from fellow Group members. Regardless, Submissions will not be returned
No purchase or payment is necessary to enter a Submission or otherwise participate in the Challenge. Proof of submission will not be deemed to be proof of receipt by Sponsor. Incomplete, illegible, corrupt, or untimely Submissions are void and will not be considered. Multiple Submitters are not permitted to share the same email address or creator name or to submit the same Map. In the event of a dispute as to the identity of a Submitter, the authorized account holder of the email address associated with the creator name used to create the Map included in a Submission (i.e., the creator name associated with the Map referenced in the Submission) will be deemed to be the Submitter of such Submission. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. You may be required to show proof of being the authorized account holder. Submissions specifying an invalid, non-working, or inactive email address will not qualify and must be resubmitted with a valid and active email address. For clarity, THE INFORMATION PARTICIPANTS PROVIDE IN CONNECTION WITH THIS CHALLENGE IS BEING PROVIDED TO SPONSOR AND NOT TO EPIC GAMES, INC.
4. Content Requirements.
Submissions must not contain any obscene or explicit sexual material, nudity, profanity, commercial solicitations, or commercial promotion. Submissions also must not contain content or images that could be considered abusive,
inflammatory, denigrating, and disrespectful to groups, individuals, or institutions. Submitter represents, warrants, and agrees that Submitter’s Submission has been created by Submitter and is their own work, subject to any intellectual property and related rights owned by Sponsor or Epic Games, Inc. that are licensed to Submitter as provided in the Fortnite Terms (and subject always to compliance therewith), that Submission does not include any content that infringes upon the copyrights, trademarks, rights of publicity or privacy, or any other intellectual rights of any third party, and that Submitter is not relying on the “fair use” doctrine in lieu of consents. Submitter further represents, warrants, and agrees that Submitter has obtained permission from any person whose name, likeness or voice is included in the Submission or the Map or Materials referenced or included therein, and that use by Sponsor or any of the other Challenge Entities of the Submission in accordance with these Terms will not infringe on any third-party rights or violate the terms and conditions of any third party website or application. Submitter warrants that the Submission is free from any malware, worms, viruses, Trojan horses, or any other destructive elements. Any Submissions (including any corresponding files) that exceed the size limits, or are not in one of the accepted formats, as applicable, may be disqualified.
To the extent that You worked with others to author or create the Submission or any Map or Materials included or referenced therein (the members of the submitting group, the “ Group ”), You represent, warrant, and agree that all representations, warranties and obligations of Submitter set forth in these Terms, and all rights and licenses granted by Submitter hereby, are being made and granted by Submitter on behalf of the Group, and You further represent, warrant, and agree that all members of the Group have consented thereto and to the submission of Submission and compliance with these Terms, abided by these Content Requirements with respect to the Submission, and each has agreed, upon request, to individually sign all documentation and releases that may be required by Sponsor.
5. Indemnity.
Submitter agrees to indemnify Challenge Entities from any and all damages, costs and expenses (including reasonable attorney’s fees) incurred as a result of any and all third-party claims arising out of (i) the use of the Submission or any portion of the Submission, including use of the Submission by or on behalf of Challenge Entities as permitted hereby, (ii) any violation of the rights of a third party, and for any damage which occurs, or (iii) any malware, viruses, worms, Trojan horses, or other destructive elements contained in or otherwise resulting from the use of any Submission.
6. Ownership/Publicity Rights.
You shall retain the copyright in Your Submission (subject always to any third party rights or intellectual property included therein), subject to the rights granted to Sponsor below.
a. Publicity Rights. TO OPT OUT OF THE PERPETUAL LICENSE FOR NON-WINNING SUBMISSIONS, SUBMITTERS MUST EMAIL [EMAIL ADDRESS] WITH THE SUBJECT 'OPT-OUT REQUEST – HI-CHEW CHALLENGE' NO LATER THAN 14 CALENDAR DAYS AFTER THE CHALLENGE SUBMISSION PERIOD ENDS. REQUESTS MUST INCLUDE THE SUBMITTER’S FULL NAME, CREATOR NAME, EMAIL ADDRESS, AND THE TITLE OF THEIR SUBMITTED MAP.EXCEPT WHERE PROHIBITED BY LAW, BY SUBMITTING A SUBMISSION, YOU GRANT PERMISSION TO SPONSOR AND THE OTHER CHALLENGE ENTITIES (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR) AND THEIR DESIGNEES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE SUBMITTER’S NAME AND OTHER BIOGRAPHICAL MATERIALS, SUCH AS VOICE, LIKENESS, QUOTES ATTRIBUTABLE TO SUBMITTER AND ANY OTHER ELEMENTS OF SUBMITTER’S PERSONA (TOGETHER, “LIKENESS”), AND RESPONSES TO ANY QUESTIONS OR PROMPTS PROVIDED AT THE TIME OF SUBMISSION FOR ANY MARKETING AND PROMOTIONAL PURPOSES AND ANY RELATED PURPOSE (INCLUDING THE ANNOUNCEMENT OF SUBMITTER’S NAME ONLINE, ON TELEVISION OR A RADIO BROADCAST) WITHOUT
ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION, INCLUDING IN A LIST TO BE USED BY SPONSOR OR ANY OTHER CHALLENGE ENTITIES AND THEIR DESIGNEES TO RE-TARGET SUBMITTERS VIA EMAIL, ONLINE OR VIA ANY SPONSOR APP, UNLESS PROHIBITED BY LAW. SUBMITTER ACKNOWLEDGES AND AGREES THAT SPONSOR MAY USE, REPOST, OR AMPLIFY THEIR SUBMISSION AND LIKENESS THROUGH SOCIAL MEDIA PLATFORMS, INCLUDING BUT NOT LIMITED TO INSTAGRAM, YOUTUBE, TIKTOK, AND TWITTER, IN BOTH ORGANIC AND PAID CONTENT FORMATS, WITHOUT FURTHER NOTICE OR APPROVAL.
Intellectual Property/Grant of Rights. SUBMITTER HEREBY GRANTS TO THE CHALLENGE ENTITIES AN IRREVOCABLE AND WORLD-WIDE LICENSE (“LICENSE”) TO USE IN PERPETUITY (EXPRESSLY SUBJECT TO SUBMITTER’S RIGHT TO OPT - OUT OF THE LICENSE UPON THE CONCLUSION OF THE CHALLENGE SUBMISSION PERIOD WITH RESPECT TO ALL NON-WINNING SUBMISSIONS) FOR ANY MARKETING AND PROMOTIONAL PURPOSES AND ANY RELATED PURPOSE THE SUBMISSION OR ANY PART THEREOF IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF ANY OF THE CHALLENGE ENTITIES DO USE THE SUBMISSION OR ANY PART THEREOF, SUBMITTER SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. SPONSOR AND THE OTHER CHALLENGE ENTITIES AND THEIR DESIGNEES SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSION TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY MARKETING AND PROMOTIONAL PURPOSES AND ANY RELATED PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO SUBMITTER OR ANY THIRD-PARTY. SUBMITTER WAIVES, AND TO THE EXTENT THAT YOU CANNOT WAIVE, AGREE NOT TO ASSERT, ANY MORAL RIGHTS SUBMITTER MAY HAVE TO THE SUBMISSION AND AGREES THAT IF SPONSOR ELECTS TO USE THE SUBMISSION FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO SUBMITTER’S SUBMISSION OR FROM USE OF THE SAME BY ANY OF THE CHALLENGE ENTITIES SHALL BE THE SOLE PROPERTY OF SPONSOR OR ITS DESIGNEE. FOR THE AVOIDANCE, (A) SUBMITTER’S MAY REFERENCE “HI - CHEW®” AND USE APPROVED BRAND ASSETS (LOGOS, IN-GAME BRANDING, CANDY VISUALS) ONLY FOR THE PURPOSE OF CREATING YOUR FORTNITE ISLAND AS PART OF THIS CHALLENGE, AND (B) SUBMITTER’S MAY NOT USE OR MODIFY THE HI - CHEW® LOGO, PRODUCT LIKENESS, OR ANY ASSOCIATED TRADEMARKS OUTSIDE THE CONTEXT OF THIS CHALLENGE OR FOR ANY COMMERCIAL PURPOSE.
b. Sponsor shall have the exclusive right of first refusal to negotiate a license or acquisition of any non- winning Map for a period of two (2) years following the Challenge Submission Period. Submitters must notify Sponsor in writing of any bona fide third-party offer to license, use, or acquire the Map. Sponsor shall have 30 days from receipt of such notice to match or exceed the offer. If Sponsor declines, the Submitter may proceed with the third party under materially identical terms.By submitting a Submission, You as the Submitter agree to execute such written documents if/as requested by Sponsor to confirm the rights and licenses granted by You pursuant to these Terms, including the use of Your name and Likeness and, if requested by Sponsor, cooperate in obtaining appropriate photographs of You, and to confirm in writing any other information requested by Sponsor. Failure to execute any such document shall disqualify You, if You are selected, from having Your Submission used and promoted by Sponsor.
7. Judging Criteria for Selection.
All Submissions will undergo an initial screening for compliance of the Submissions with the requirements of the Challenge. Eligible Submissions will then be assessed through the two-phase selection process detailed below.
The creator submission application checklist consists of the following:
● Required Item Description / Format Notes
● Game-Concept Pitch 300 - word (max) summary outlining core gameplay,
● use of HI-CHEW assets, and player appeal
● PDF or Google Doc link
One-Page Design, Diagram Sketch, flowchart, or level mock-up that visualizes the gameplay loop
● PNG/JPG or embedded in pitch
● Portfolio Links Up to 3 published Fortnite map codes or video
● walkthroughs of prior work
● Demonstrates build quality & scope handling
● Team Roster Solo or up to 3 collaborators; list roles & Epic IDs Team size does not affect judging
● Timeline & Needs 2 - 3 bullet estimate of development milestones and any support you anticipate
● Helps gauge feasibility
● Agreement to Brand Guidelines
● Checkbox confirming compliance with HI-CHEW content rules (provided in application form)
Phase 1: Selection Filters. Phase 1 of the selection process is designed to (a) eliminate any Submissions that violate these Terms and/or Sponsor’s standards and best practices (as further detailed below); and (b) to narrow the Submissions to eliminate all Submissions that violate any technical, content, or other requirements in these Terms or:
● Include clearly infringing or inappropriate artwork;
● Include content that does not meet the Content Requirements provided in Section 4 above;
● Include content that is offensive, inappropriate, or illegal;
● Are made by or submitted by Submitters using infringing or inappropriate creator names;
● Are made by a problematic Submitter, including but not limited to those Submitters who do not meet the eligibility requirements of these Terms, who have posted obscene or offensive content in past creations, or who have otherwise conducted themselves in a way inconsistent with Sponsor’s standards and/or values or any HI-CHEW content, at Sponsor’s discretion;
● Include content or a description that is not compliant with the HI-CHEW Brand and Creator Rules (available at https://www.hichewmakers.com/);
● Include content that misrepresents the HI-CHEW brand; and
● Include any Map that copies another Map too closely, (determined in Sponsor’s sole discretion).
Phase 2: Selection Criteria. Sponsor will apply the following criteria (the “ Judging Criteria ”) in order to select the three (3) winning Submissions:
● Brand Integration (30%) - How well are HI-CHEW and Chewbie represented in the game from a visual and gameplay perspective
● Engagement/Replay (30%) - How "in line" with Fortnite's audience/player base is the game concept? Will players find it engaging?
● Gameplay Creativity (20%) - How innovative/creative is the game concept? How Interesting is the take on game modes, new mechanics, etc.
● Production Feasibility (20%) - How realistic vs ambitious is it for this game to be made?
The three (3) judges will be rating each metric out of 10, which will then be weighted according to the percentages above. All three (3) judges' scores will be added together to provide the final score. Creators with the top three (3) scores will be accepted into the incubator program and will be awarded a $10,000USD cash prize
The winning Submissions will be notified on or about June 27, 2025. Winning a prize is contingent upon fulfilling all requirements set forth herein. If a potential winner does not respond within 48 hours after the first attempt to notify him/her that he/she has been selected to receive a prize, that potential winner will be deemed to have forfeited the prize, and the Submission with the next highest number of points will be selected as an alternate potential winner in his/her place. If no potential winner claims the prize, Sponsor will select the eligible Submission that received the next highest judged score as the alternate potential winner in its place (subject to confirmation of eligibility and acceptance). Any alternate potential winner will also have 48 hours to claim the applicable prize, and must satisfy all eligibility requirements.
No winner may receive two prizes; (for example, if a party has more than one (1) Submission that receives more than one (1) of the three (3) highest point totals as determined by the judges using the Phase Two Selection Criteria, then in such event an alternate winner will be selected to receive the $10,000USD cash prize.
Except where legally prohibited, each potential winner will be required to complete and return, within five (5) business days of being notified, an Affidavit/Declaration of Eligibility, Liability & Publicity/Intellectual Property Release, and such other documents that Sponsor may request in order to claim his/her prize. If after the first attempt to contact him/her or if he/she fails to sign and return the Affidavit/Declaration of Eligibility, Liability & Publicity/Intellectual Property Release within the required time period (if applicable), or in the event that a potential winner is disqualified for any reason, the potential winner will be deemed to have forfeited the prize, and an alternate winner may be selected as described above. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner. If Sponsor is unable to determine and verify a potential winner after repeated attempts or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prize(s) available to be awarded, Sponsor reserves the right to not award the all prize(s).
POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CHALLENGE. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Sponsor’s decisions as to winner selection are final. Only those Submitters whose Submissions are chosen as potential winners will be contacted by Sponsor, subject to Sponsor’s right to contact a Submitter for clarification purposes, etc. Submissions will not be returned.
If a Submission created by a Group is selected as the winning Submission, then the individual identified as the Submitter or Group Leader shall be exclusively responsible for accepting the $10,000USD cash prize and allocating that prize money as desired by the Group, as well as collecting any/all required releases from the Group members identified in the Submission forms. If that Submitter is unable to collect releases from all members identified in the initial Submission forms, the Group will be disqualified from receiving the $10,000USD cash prize.
8. Prize.
There will be three (3) prizes awarded:
Each prize will be $10,000 USD, to be paid via direct deposit to an account specified by the winning Submitter, and payment thereof shall be exclusively managed by Super League Enterprise, Inc..
In addition, upon being confirmed a winner, all winners will enter the HI-CHEW Creator Incubator, which is a Fortnite Creative program aimed at celebrating community talent and embedding HI-CHEW in fan-made content. The three (3) Fortnite creators selected to receive $10,000 USD in funding and resources will build their own HI- CHEW-themed UEFN games using the custom asset library.
PRIZE RESTRICTIONS: Limit one (1) prize per Submitter/Group. If prize is awarded to a Group, the Group Leader is solely responsible for distributing (i.e., splitting) the prize. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility of the Submitter. Each winner may be required to submit a completed IRS Form W-9 or equivalent tax form prior to prize payment. Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Challenge. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, the Submissions submitted by the prize claimants will be judged against each other in accordance with the winner selection method(s) described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
9. General Conditions; Limitations of Liability and Releases.
WARNING: ANY ATTEMPT BY A SUBMITTER OR ANY OTHER INDIVIDUAL TO DELIBERATELY TAMPER WITH OR DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CHALLENGE OR UNDERMINE ITS LEGITIMATE OPERATION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the submission process and/or the website, and/or their legitimate operation; to violate these Terms or any other rules, requirements, terms or conditions applicable to the Maps and/or the promotion thereof; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by Submitters, errors or by any of the equipment or programming associated with or utilized in the Challenge and the Program; (2) lost, late, incomplete, damaged, stolen, misdirected, or illegible Submissions; (3) lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; (3) unauthorized human intervention in any part of the Submission process; (4) technical or human error that may occur in the administration of the Challenge, including without limitation the processing of Submissions; or (5) any injury or damage to persons or property (including, but not limited to, infringement of trademark, copyright, or the right of publicity), that may be caused, directly or indirectly, in whole or in part, from Submitter's participation in the Challenge. If, for any reason, the Challenge is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized
intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of this Challenge, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Challenge or suspend the Challenge to address the impairment and then resume in a manner that best conforms to the spirit of these Terms; and/or (b) terminate the Challenge and award the prize(s) from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria described above. Sponsor’s failure to enforce any term of these Terms shall not constitute a waiver of that provision Except as otherwise prohibited or restricted by law, Sponsor reserves the right to modify or update these Terms at any time; if Sponsor modifies or updates these Terms, it will post notice of such modification by posting the updated version of these Terms on the following website (available at [https://www.hichewmakers.com/terms]). Changes to these Terms will be effective immediately or, if required by law, 30 days after notice to You. If You continue to use the Program after the Terms are changed, You are deemed to have accepted all changes.
BY MAKING A SUBMISSION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SUBMITTER AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, THE OTHER CHALLENGE ENTITIES, DISCORD, INC., META PLATFORMS, INC. (INCLUDING INSTAGRAM AND FACEBOOK), YOUTUBE, INC., ALL OTHER SOCIAL MEDIA PLATFORMS USED FOR THE ADMINISTRATION OR PROMOTION OF THE CHALLENGE, AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, MARKETING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (TOGETHER, THE “RELEASED PARTIES”) FOR AND FROM ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, LIABILITIES, AND EXPENSES OF ANY KIND RELATED TO THE CHALLENGE. THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY SUBMITTERS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION IN THE CHALLENGE, OR ANY RELATED CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARTICIPANTS AGREE TO RELEASE AND HOLD HARMLESS EPIC GAMES, INC., ITS LICENSORS, ITS AND THEIR AFFILIATES, AND ITS AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, AND OTHER REPRESENTATIVES FROM ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, LIABILITIES, AND EXPENSES RELATED TO THIS CHALLENGE.
10. Nature of Relationship/Waiver of Equitable Relief.
Each Submitter understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that innovative ideas are constantly being submitted to it or being developed by their own employees, agents, representatives, agencies, etc. Each Submitter also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Submitter acknowledges and agrees that such Submitter will not be entitled to any compensation as a result of the Sponsor’s use of any such similar or identical material. You should not and cannot assume or infer from the fact that Sponsor accepts Your Submission that Sponsor regards Your Submission, or any part thereof, as novel, valuable or usable. Each Submitter acknowledges and agrees that the Challenge Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Submitter acknowledges that, with respect to any claim by Submitter relating to or arising out of the Challenge Entities’ actual or alleged exploitation or use of any Submission, the damage, if any, thereby caused to the applicable Submitter will not be irreparable or otherwise sufficient to entitle such Submitter to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission, based on or allegedly based on the Submission, and the Submitter's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, as otherwise set forth in these Terms, including in Sections 9, 11 and 12.
11. PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.
Dispute Resolution; Arbitration Agreement. IF YOU, SPONSOR, OR ANY OF THE CHALLENGE ENTITIES (TOGETHER FOR PURPOSES OF THIS SECTION 11 “SPONSOR,” “WE,” OR “US”) HAVE ANY DISPUTE WITH OR CLAIM AGAINST THE OTHER (A “CLAIM”) ARISING OUT OF OR RELATING IN ANY WAY TO THE CHALLENGE, AND THE CLAIM IS NOT RESOLVED BY CONTACTING OUR CUSTOMER SERVICE DEPARTMENT AT [contactus@superleague.com]AND/OR BY FOLLOWING THE MANDATORY PRE-ARBITRATION NOTICE AND INFORMAL DISPUTE RESOLUTION PROCEDURE SET FORTH BELOW, YOU AND WE EACH AGREE TO RESOLVE SUCH DISPUTES THROUGH AN INDIVIDUAL BINDING ARBITRATION OR AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. Class arbitrations and class actions are not permitted, and a Claim may not be consolidated with any other person’s claim. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that You and we are each waiving the right to a trial by jury or to participate in a class action. You and we agree that any arbitrations between You and us will be subject to this Section and not to any prior arbitration agreement You had with us. This Section shall survive termination of these Terms or any subscription or registration that You may have to any of the Services.
Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. Before a party commences an arbitration or files a small claims court action with respect to a Claim, the party must first send to the other a written notice of dispute (“ Notice ”). A Notice from You to us must: (1) be sent by certified mail; (2) be addressed to: Morinaga America, Inc., 4 Park Plaza, Ste 750 Irvine, CA 92614; Attn: General Counsel (the “ Notice Address ”); (3) contain Your name, address, and email address; (4) describe the nature and basis of Your Claim; (5) if You are submitting the Notice, include any relevant facts regarding Your participation in the Challenge; (6) specify the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation of them; and (7) include a personally signed statement from You (and not Your agent, attorney or anyone else purporting to act on Your behalf) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only Your dispute and no other person’s dispute.
After the other party’s receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. If we and You do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), You or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).
Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this Section. All of the requirements of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure are essential so that You and we have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. If the arbitration is already pending prior to the completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure, the arbitration shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure in arbitration.
Arbitration Procedure. Any such arbitration shall be governed by applicable rules of National Arbitration & Mediation (“NAM”) (including the Comprehensive Dispute Resolution Rules and Procedures and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“ NAM Rules” ), as modified by this Section (the “ Arbitration Agreement, ”) and will be administered by NAM. (If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.) The NAM Rules are available online at http://www.NAMADR.com by calling NAM at 1- 800 - 358 - 2550, or by requesting them in writing at the Notice Address. You may obtain a form to initiate arbitration at:https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf or by contacting NAM.
You and Sponsor agree that the party initiating arbitration must submit a certification that it has complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above and that it is a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).
All issues, including the scope and enforceability of this Arbitration Agreement, are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision is binding only between You and Challenge Entities and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
As in court, You and we agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in this Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless You qualify for a fee waiver under applicable law.
In circumstances in which the NAM Rules provide for an in-person hearing, such hearing will take place in the U.S. in New York, New York. If the Mass Filing process described below is triggered, then the location of any hearing will be determined by the arbitrator.
Discovery During Arbitration. The parties shall each be limited to a maximum of one (1) fact witness deposition per side, unless the arbitrator determines that more depositions are warranted based on the totality of circumstances, including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the claims appear, on the basis of the pleadings, to
have sufficient merit to justify the time and expense associated with the requested discovery. Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to;” and shall not be encumbered with extensive “definitions” or “instructions.” The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.
Electronic discovery, if any, shall be limited as follows. Absent a showing of compelling need: (a) electronic documents shall only be produced from sources used in the ordinary course of business, and not from backup servers, tapes or other media; (b) the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format that is usable by the requesting party and convenient and economical for the producing party; (c) the parties need not produce metadata, with the exception of header fields for email correspondence; (d) the description of custodians from whom electronic documents may be collected should be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute; and (e) where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator may either deny such requests or order disclosure on the condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.
● Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent
permitted by law.
● Offer of Settlement. In any arbitration between You and us, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the Claim. If the award is issued in the other party’s favor and is less than the defending party’s settlement offer or if the award is in the defending party’s favor, the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the Claim may be entitled for the cause of action under which it is suing.
● Mass Filing. If, at any time, 25 or more claimants (including You) submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, consistent with the definition and criteria of Mass Filings (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), You and we agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long as the pre-arbitration Notice complies with the requirements above, until Your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Stage One: Counsel for the claimants and counsel for us shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and we shall pay the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for us shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge, and we shall pay the mediator’s fee.
Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for us shall each select 100 claims per side (200 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.
If Your Claim is not resolved as part of the staged process identified above, either:
Option One: You and we may separately or by agreement, opt out of arbitration and elect to have Your Claim heard in court consistent with these Terms. You may opt out of arbitration by sending us Your individual, personally signed notice of Your intention to opt out by certified mail addressed to Morinaga America, Inc., 4 Park Plaza, Ste 750 Irvine, CA 92614, Attn: General Counsel. Such an opt-out notice must be sent by You personally, and not by Your agent, attorney, or anyone else purporting to act on Your behalf. It must include a statement, personally signed by You, that You wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. We may opt Your Claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to Your counsel within 14 days after the expiration of Your 30- day opt out period. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither You nor we elect to have Your Claim heard in court consistent with Option One, then You agree that Your Claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistently with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to Your Claim, and a court of competent jurisdiction determines that they are not enforceable as to Your Claim, then Your Claim shall proceed in a court of competent jurisdiction consistent with these Terms.
You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.
If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The other portions of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
12. Choice of Law.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions between Sponsor and Submitter, or the rights and obligations of You as the Submitter and Sponsor in connection with the Challenge, shall be governed by, construed, and enforced in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules that would cause the application of the laws of any jurisdiction other than the State of New York, and Submitter agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Challenge for which the arbitration procedures set forth in Section 15 above are unenforceable, such claims shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate United States District Court within New York or the appropriate State Court located in New York County; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submission, but in no event attorneys’ fees; and (3) under no circumstances will Submitter be permitted to obtain awards for, and submitter hereby waives all rights to claim, indirect, 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.
13. Severability.
If all or any provision of these Terms are found to be invalid, unenforceable, or illegal, then You and Sponsor agree that the provision will be severed and the rest of these Terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that of the prohibition on Choice of Law and Forum/Dispute Resolution is found to be invalid, unenforceable, or illegal, You and Sponsor agree that it will not be severable; any dispute will be resolved in court subject to the venue and choice of law clauses specified in these Terms. Sponsor’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless agreed to in writing by Sponsor.
14. Agreement.
You agree that upon request by Sponsor, You must agree to and provide Your e-signature to these Terms. You agree that your e-signature shall constitute a valid signature pursuant to the Uniform Electronic Transactions Act (UETA) and ESIGN Act. Unless otherwise stated herein, and subject to modification or update of these Terms by the Sponsor or express agreement in writing by You and the Sponsor, these Terms shall constitute Your entire understanding and agreement with respect to the Challenge and Your Submission, and supersedes all prior understandings, whether written or oral.
HI-CHEW GAMING 2025
Fortnite Creative Island Challenge
Terms and Conditions
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL
NOT INCREASE YOUR CHANCES OF WINNING. The Fortnite Creative Island Challenge (the “ Challenge ”) is void where prohibited by law and participants must reside in one of the fifty states in the U.S. or in the District of Columbia (“ Eligibility Region ”). To participate, you must be a legal resident in the Eligibility Region and be eighteen (18) years of age or older at the time of entry and meet all other eligibility requirements stated herein. THE CHALLENGE SHALL CONSIST OF THE PERIOD COMMENCING ON [JUNE 11, 2025] AT 12:00:01 PM ET AND CONCLUDING ON [JUNE 27, 2025] AT 11:59:59 ET (the “Challenge Submission Period”).
Morinaga America, Inc., the official distributor of HI-CHEW in the U.S. (“ Sponsor ”), is sponsoring this call for submissions through the Challenge inviting Fortnite developers (“ Users ”, “ Submitters ”, “ You ” or “ Your ”) to submit their best Fortnite x HI-CHEW Creative Island (“ Maps ”) made using the HI-CHEW asset library (which includes candy factory architectural pieces, interactive devices (e.g. HI-CHEW Dispensers, candy explosives, bounce pads), custom visual effects (sparkling candy bursts, sugar particle effects), audio jingles/SFX, and branded decals (logos, wrappers, UI elements). described in detail in reference guide at [https://www.hichewmakers.com] (the “ HI-CHEW Tools ”) that fit the Challenge’s theme: “Bring HI-CHEW and Chewbie into Fortnite in a contextual and innovative manner” Any Maps and other materials and information included in or related to a submission to the Challenge are collectively referred to herein as a “ Submission .” The term “ Submission ” as used in these Terms shall also include related materials that are or may be provided to Sponsor and/or entities associated with the Challenge (collectively, “ Challenge Entities ”, and further defined in Section 2 below), with the initial Submission or later, that relate to the Submission (for example, supplementary materials provided in response to a specific follow-up request by Sponsor, whether sent via website, electronic mail, direct message, social media, or some other means) (with such additional materials and Likeness (as defined below) collectively referenced as “ Materials ”). Eligible Submissions will be screened, judged and scored by three (3) influential Fortnite creative expert judges (i.e., Birdo, Dagwummy, and ChitaZ, or alternate(s) at Sponsor’s sole discretion) and in accordance with Section 7 below, and the top three (3) eligible submissions, based on scores received, will be selected as winning Submissions; if eligible, each submitter that is declared a winning Submission will receive a cash prize of US$10,000, participate in the HI- CHEW creator incubator, a Fortnite Creative program aimed at celebrating community talents and embedding HI- CHEW in fan-made content, as managed by HI-CHEW or its subcontractors, as described in more detail in Section 8 below. The three (3) winning Submissions may be promoted by Sponsor and/or its affiliates, agencies and representatives (collectively, “ HI-CHEW ”) on or through HI-CHEW’s social media accounts and channels, websites, and/or other digital platforms, as further described in these Challenge Terms and Conditions (these “ Terms ” or “ Challenge Terms ” or “ Official Rules ”).
BY MAKING A SUBMISSION, YOU AGREE TO THESE TERMS, WHICH ARE A CONTRACT, SO PLEASE READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE CHALLENGE ENTITIES BY YOU (SEE SECTION 5), AS WELL AS CLASS ACTION AND JURY TRIAL WAIVER AND A REQUIREMENT THAT DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION (SECTION 11), AND A LIMITATION OF YOUR RIGHTS AND REMEDIES (SECTIONS 9-11).
The Challenge does not in any way change Your obligations to comply with the Fortnite Creative Island Rules (available at https://www.fortnite.com/news/fortnite-Map-creator-rules) and the associated requirements,
guidelines, and terms and conditions included or referenced therein (collectively, the “ Fortnite Terms ”). By submitting a Submission, You signify your agreement that You have reviewed and are compliant with the Challenge Terms, including the Arbitration Provision in Section 11, and all other rules, requirements, guidelines, and terms and conditions (including any third-party rules, requirements, guidelines, terms and conditions) that apply to the Maps (or, if applicable, any other Materials) included or referenced in Your Submission.
1. Sponsor.
The Challenge is sponsored by Morinaga America, Inc., 4 Park Plaza, Ste 750 Irvine, CA 92614.
The Challenge Entities , their parents, representatives, agents, legal counsel, consultants, contractors, marketing, public relations, promotional, fulfillment, and marketing agencies, website providers, and webmasters, as well as their respective employees, officers, and directors, and the three (3) experts who will serve as judges in the Challenge. The Challenge Entities may support Sponsor in administering the Challenge (or any part thereof) and any activities relating thereto. The Challenge is not sponsored, endorsed or administered by Epic Games, Inc.
2. Eligibility.
You may only enter the Challenge if you are at least eighteen (18) years of age or the age of majority and reside in the U. S. at the time of entry into the Challenge. Employees, officers, and directors of Sponsor, any of the Challenge Entities, any of the three (3) expert judges or any of their respective parents, representatives, agents, legal counsel, consultants, contractors, marketing, public relations, promotional, fulfillment, and marketing agencies, or website providers who are involved in the design, execution or other implementation of the Challenge (i.e., the “ Challenge Entities ”), as well as their respective employees, officers, and directors, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of winners.
While You may submit a “ Group ” Submission, only the owner of the Fortnite Island Creator account associated with the Map that is submitted or referenced in the Submission is eligible to enter that Map as a Challenge Submission, provided that they otherwise meet all other eligibility requirements and follow the instructions to enter the Submission below. Only one person may make a Group Submission and/or communicate with Sponsor with regard to that Submission, and/or perform any actions on behalf of the Group in connection with the Challenge and/or communicating with the Challenge Entities, including but not limited to collecting and distributing any prize; all other members of the Group should simply be listed in the Submission/entry. To be listed in a Group entry, all members of the Group must be eligible to participate in the Challenge in compliance with these eligibility requirements.
3. To Enter a Submission.
To enter a Submission, after creating a Fortnite Map using the HI-CHEW Tools that has progressed to at least the “ Playable Build ” stage, Submitters must navigate to the Contest website at https://www.hichewmakers.com/ during the Challenge Period to submit Your Submission to Sponsor for consideration, click “Submit” and provide all requested information. To be eligible for consideration, You must follow all on-screen prompts to answer all the required questions and provide all required information, including Your full name, email address, and creator name (i.e., the creator name that is / will be associated with Your Map once published), and the Map Code for Your Map (if already published) / Test Link for Your Map (if not yet published). Entries must be submitted by the Submitter. Entrant may be asked to answer optional questions and/or register for future notices of online promotions; however, you need not answer these questions or agree to receive future emails in order to be eligible for entry in the Challenge. Acceptance of a Submission does not guarantee review or promotion by Sponsor or the Challenge Entities of any Map referenced in a Submission. Submissions will be reviewed only if they meet all eligibility criteria.
Then, you may submit your Submission. Sponsor is looking for Maps that leverage the HI-CHEW asset pack inside innovative Fortnite experiences, bringing the brand to life in a Fortnite-native way. Sponsor is looking for Maps that push boundaries in the Fortnite platform, while also staying true to the HI-CHEW brand values - please refer to Section 7 below for Judging Criteria for Selection. Please retain a copy of or access to Your Submission. You may only include one (1) Map in a Submission, and each Map may not be included in more than one (1) Submission. The Map referenced in the Submission must have progressed to at least the Playable Build stage at the time of Submission.
Any Submission that you upload MUST:
● Limit attached files to either MP4, JPG or PNG format.
● Have a maximum size of 50MB per attached file.
● Include no more than six (6) files.
● Include only one Map.
● Have been created by You or Your Group (as defined below) using the HI-CHEW Tools.
Submissions that do not provide all required information or which do not follow the required format for submission, or that are submitted in any manner other than one specified in these Terms or otherwise fail to comply with these Terms may be disqualified at Sponsor’s sole discretion. You may submit more than one (1) Submission; however, each Submission must be submitted separately, and the same Map cannot be included in more than one (1) Submission. You may only submit a Map that was created by You or Your Group (as defined below) and associated with Your own creator name. Any Group Submission will be attributed to the creator account used to make the Map, and the Submission should be submitted accordingly, however, the Group Submission should also identify all individuals involved in creation of the Map (along with the creator, who shall be identified as “ Group Leader ”) with the information submitted. If the Submission is selected as a prize winner, the prize will be awarded to the Group Leader, who shall be responsible for distribution of the prize and coordination of communications, obtaining releases, etc. from fellow Group members. Regardless, Submissions will not be returned
No purchase or payment is necessary to enter a Submission or otherwise participate in the Challenge. Proof of submission will not be deemed to be proof of receipt by Sponsor. Incomplete, illegible, corrupt, or untimely Submissions are void and will not be considered. Multiple Submitters are not permitted to share the same email address or creator name or to submit the same Map. In the event of a dispute as to the identity of a Submitter, the authorized account holder of the email address associated with the creator name used to create the Map included in a Submission (i.e., the creator name associated with the Map referenced in the Submission) will be deemed to be the Submitter of such Submission. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. You may be required to show proof of being the authorized account holder. Submissions specifying an invalid, non-working, or inactive email address will not qualify and must be resubmitted with a valid and active email address. For clarity, THE INFORMATION PARTICIPANTS PROVIDE IN CONNECTION WITH THIS CHALLENGE IS BEING PROVIDED TO SPONSOR AND NOT TO EPIC GAMES, INC.
4. Content Requirements.
Submissions must not contain any obscene or explicit sexual material, nudity, profanity, commercial solicitations, or commercial promotion. Submissions also must not contain content or images that could be considered abusive,
inflammatory, denigrating, and disrespectful to groups, individuals, or institutions. Submitter represents, warrants, and agrees that Submitter’s Submission has been created by Submitter and is their own work, subject to any intellectual property and related rights owned by Sponsor or Epic Games, Inc. that are licensed to Submitter as provided in the Fortnite Terms (and subject always to compliance therewith), that Submission does not include any content that infringes upon the copyrights, trademarks, rights of publicity or privacy, or any other intellectual rights of any third party, and that Submitter is not relying on the “fair use” doctrine in lieu of consents. Submitter further represents, warrants, and agrees that Submitter has obtained permission from any person whose name, likeness or voice is included in the Submission or the Map or Materials referenced or included therein, and that use by Sponsor or any of the other Challenge Entities of the Submission in accordance with these Terms will not infringe on any third-party rights or violate the terms and conditions of any third party website or application. Submitter warrants that the Submission is free from any malware, worms, viruses, Trojan horses, or any other destructive elements. Any Submissions (including any corresponding files) that exceed the size limits, or are not in one of the accepted formats, as applicable, may be disqualified.
To the extent that You worked with others to author or create the Submission or any Map or Materials included or referenced therein (the members of the submitting group, the “ Group ”), You represent, warrant, and agree that all representations, warranties and obligations of Submitter set forth in these Terms, and all rights and licenses granted by Submitter hereby, are being made and granted by Submitter on behalf of the Group, and You further represent, warrant, and agree that all members of the Group have consented thereto and to the submission of Submission and compliance with these Terms, abided by these Content Requirements with respect to the Submission, and each has agreed, upon request, to individually sign all documentation and releases that may be required by Sponsor.
5. Indemnity.
Submitter agrees to indemnify Challenge Entities from any and all damages, costs and expenses (including reasonable attorney’s fees) incurred as a result of any and all third-party claims arising out of (i) the use of the Submission or any portion of the Submission, including use of the Submission by or on behalf of Challenge Entities as permitted hereby, (ii) any violation of the rights of a third party, and for any damage which occurs, or (iii) any malware, viruses, worms, Trojan horses, or other destructive elements contained in or otherwise resulting from the use of any Submission.
6. Ownership/Publicity Rights.
You shall retain the copyright in Your Submission (subject always to any third party rights or intellectual property included therein), subject to the rights granted to Sponsor below.
a. Publicity Rights. TO OPT OUT OF THE PERPETUAL LICENSE FOR NON-WINNING SUBMISSIONS, SUBMITTERS MUST EMAIL [EMAIL ADDRESS] WITH THE SUBJECT 'OPT-OUT REQUEST – HI-CHEW CHALLENGE' NO LATER THAN 14 CALENDAR DAYS AFTER THE CHALLENGE SUBMISSION PERIOD ENDS. REQUESTS MUST INCLUDE THE SUBMITTER’S FULL NAME, CREATOR NAME, EMAIL ADDRESS, AND THE TITLE OF THEIR SUBMITTED MAP.EXCEPT WHERE PROHIBITED BY LAW, BY SUBMITTING A SUBMISSION, YOU GRANT PERMISSION TO SPONSOR AND THE OTHER CHALLENGE ENTITIES (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR) AND THEIR DESIGNEES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE SUBMITTER’S NAME AND OTHER BIOGRAPHICAL MATERIALS, SUCH AS VOICE, LIKENESS, QUOTES ATTRIBUTABLE TO SUBMITTER AND ANY OTHER ELEMENTS OF SUBMITTER’S PERSONA (TOGETHER, “LIKENESS”), AND RESPONSES TO ANY QUESTIONS OR PROMPTS PROVIDED AT THE TIME OF SUBMISSION FOR ANY MARKETING AND PROMOTIONAL PURPOSES AND ANY RELATED PURPOSE (INCLUDING THE ANNOUNCEMENT OF SUBMITTER’S NAME ONLINE, ON TELEVISION OR A RADIO BROADCAST) WITHOUT
ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION, INCLUDING IN A LIST TO BE USED BY SPONSOR OR ANY OTHER CHALLENGE ENTITIES AND THEIR DESIGNEES TO RE-TARGET SUBMITTERS VIA EMAIL, ONLINE OR VIA ANY SPONSOR APP, UNLESS PROHIBITED BY LAW. SUBMITTER ACKNOWLEDGES AND AGREES THAT SPONSOR MAY USE, REPOST, OR AMPLIFY THEIR SUBMISSION AND LIKENESS THROUGH SOCIAL MEDIA PLATFORMS, INCLUDING BUT NOT LIMITED TO INSTAGRAM, YOUTUBE, TIKTOK, AND TWITTER, IN BOTH ORGANIC AND PAID CONTENT FORMATS, WITHOUT FURTHER NOTICE OR APPROVAL.
Intellectual Property/Grant of Rights. SUBMITTER HEREBY GRANTS TO THE CHALLENGE ENTITIES AN IRREVOCABLE AND WORLD-WIDE LICENSE (“LICENSE”) TO USE IN PERPETUITY (EXPRESSLY SUBJECT TO SUBMITTER’S RIGHT TO OPT - OUT OF THE LICENSE UPON THE CONCLUSION OF THE CHALLENGE SUBMISSION PERIOD WITH RESPECT TO ALL NON-WINNING SUBMISSIONS) FOR ANY MARKETING AND PROMOTIONAL PURPOSES AND ANY RELATED PURPOSE THE SUBMISSION OR ANY PART THEREOF IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF ANY OF THE CHALLENGE ENTITIES DO USE THE SUBMISSION OR ANY PART THEREOF, SUBMITTER SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. SPONSOR AND THE OTHER CHALLENGE ENTITIES AND THEIR DESIGNEES SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSION TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY MARKETING AND PROMOTIONAL PURPOSES AND ANY RELATED PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO SUBMITTER OR ANY THIRD-PARTY. SUBMITTER WAIVES, AND TO THE EXTENT THAT YOU CANNOT WAIVE, AGREE NOT TO ASSERT, ANY MORAL RIGHTS SUBMITTER MAY HAVE TO THE SUBMISSION AND AGREES THAT IF SPONSOR ELECTS TO USE THE SUBMISSION FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO SUBMITTER’S SUBMISSION OR FROM USE OF THE SAME BY ANY OF THE CHALLENGE ENTITIES SHALL BE THE SOLE PROPERTY OF SPONSOR OR ITS DESIGNEE. FOR THE AVOIDANCE, (A) SUBMITTER’S MAY REFERENCE “HI - CHEW®” AND USE APPROVED BRAND ASSETS (LOGOS, IN-GAME BRANDING, CANDY VISUALS) ONLY FOR THE PURPOSE OF CREATING YOUR FORTNITE ISLAND AS PART OF THIS CHALLENGE, AND (B) SUBMITTER’S MAY NOT USE OR MODIFY THE HI - CHEW® LOGO, PRODUCT LIKENESS, OR ANY ASSOCIATED TRADEMARKS OUTSIDE THE CONTEXT OF THIS CHALLENGE OR FOR ANY COMMERCIAL PURPOSE.
b. Sponsor shall have the exclusive right of first refusal to negotiate a license or acquisition of any non- winning Map for a period of two (2) years following the Challenge Submission Period. Submitters must notify Sponsor in writing of any bona fide third-party offer to license, use, or acquire the Map. Sponsor shall have 30 days from receipt of such notice to match or exceed the offer. If Sponsor declines, the Submitter may proceed with the third party under materially identical terms.By submitting a Submission, You as the Submitter agree to execute such written documents if/as requested by Sponsor to confirm the rights and licenses granted by You pursuant to these Terms, including the use of Your name and Likeness and, if requested by Sponsor, cooperate in obtaining appropriate photographs of You, and to confirm in writing any other information requested by Sponsor. Failure to execute any such document shall disqualify You, if You are selected, from having Your Submission used and promoted by Sponsor.
7. Judging Criteria for Selection.
All Submissions will undergo an initial screening for compliance of the Submissions with the requirements of the Challenge. Eligible Submissions will then be assessed through the two-phase selection process detailed below.
The creator submission application checklist consists of the following:
● Required Item Description / Format Notes
● Game-Concept Pitch 300 - word (max) summary outlining core gameplay,
● use of HI-CHEW assets, and player appeal
● PDF or Google Doc link
One-Page Design, Diagram Sketch, flowchart, or level mock-up that visualizes the gameplay loop
● PNG/JPG or embedded in pitch
● Portfolio Links Up to 3 published Fortnite map codes or video
● walkthroughs of prior work
● Demonstrates build quality & scope handling
● Team Roster Solo or up to 3 collaborators; list roles & Epic IDs Team size does not affect judging
● Timeline & Needs 2 - 3 bullet estimate of development milestones and any support you anticipate
● Helps gauge feasibility
● Agreement to Brand Guidelines
● Checkbox confirming compliance with HI-CHEW content rules (provided in application form)
Phase 1: Selection Filters. Phase 1 of the selection process is designed to (a) eliminate any Submissions that violate these Terms and/or Sponsor’s standards and best practices (as further detailed below); and (b) to narrow the Submissions to eliminate all Submissions that violate any technical, content, or other requirements in these Terms or:
● Include clearly infringing or inappropriate artwork;
● Include content that does not meet the Content Requirements provided in Section 4 above;
● Include content that is offensive, inappropriate, or illegal;
● Are made by or submitted by Submitters using infringing or inappropriate creator names;
● Are made by a problematic Submitter, including but not limited to those Submitters who do not meet the eligibility requirements of these Terms, who have posted obscene or offensive content in past creations, or who have otherwise conducted themselves in a way inconsistent with Sponsor’s standards and/or values or any HI-CHEW content, at Sponsor’s discretion;
● Include content or a description that is not compliant with the HI-CHEW Brand and Creator Rules (available at https://www.hichewmakers.com/);
● Include content that misrepresents the HI-CHEW brand; and
● Include any Map that copies another Map too closely, (determined in Sponsor’s sole discretion).
Phase 2: Selection Criteria. Sponsor will apply the following criteria (the “ Judging Criteria ”) in order to select the three (3) winning Submissions:
● Brand Integration (30%) - How well are HI-CHEW and Chewbie represented in the game from a visual and gameplay perspective
● Engagement/Replay (30%) - How "in line" with Fortnite's audience/player base is the game concept? Will players find it engaging?
● Gameplay Creativity (20%) - How innovative/creative is the game concept? How Interesting is the take on game modes, new mechanics, etc.
● Production Feasibility (20%) - How realistic vs ambitious is it for this game to be made?
The three (3) judges will be rating each metric out of 10, which will then be weighted according to the percentages above. All three (3) judges' scores will be added together to provide the final score. Creators with the top three (3) scores will be accepted into the incubator program and will be awarded a $10,000USD cash prize
The winning Submissions will be notified on or about June 27, 2025. Winning a prize is contingent upon fulfilling all requirements set forth herein. If a potential winner does not respond within 48 hours after the first attempt to notify him/her that he/she has been selected to receive a prize, that potential winner will be deemed to have forfeited the prize, and the Submission with the next highest number of points will be selected as an alternate potential winner in his/her place. If no potential winner claims the prize, Sponsor will select the eligible Submission that received the next highest judged score as the alternate potential winner in its place (subject to confirmation of eligibility and acceptance). Any alternate potential winner will also have 48 hours to claim the applicable prize, and must satisfy all eligibility requirements.
No winner may receive two prizes; (for example, if a party has more than one (1) Submission that receives more than one (1) of the three (3) highest point totals as determined by the judges using the Phase Two Selection Criteria, then in such event an alternate winner will be selected to receive the $10,000USD cash prize.
Except where legally prohibited, each potential winner will be required to complete and return, within five (5) business days of being notified, an Affidavit/Declaration of Eligibility, Liability & Publicity/Intellectual Property Release, and such other documents that Sponsor may request in order to claim his/her prize. If after the first attempt to contact him/her or if he/she fails to sign and return the Affidavit/Declaration of Eligibility, Liability & Publicity/Intellectual Property Release within the required time period (if applicable), or in the event that a potential winner is disqualified for any reason, the potential winner will be deemed to have forfeited the prize, and an alternate winner may be selected as described above. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner. If Sponsor is unable to determine and verify a potential winner after repeated attempts or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prize(s) available to be awarded, Sponsor reserves the right to not award the all prize(s).
POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CHALLENGE. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Sponsor’s decisions as to winner selection are final. Only those Submitters whose Submissions are chosen as potential winners will be contacted by Sponsor, subject to Sponsor’s right to contact a Submitter for clarification purposes, etc. Submissions will not be returned.
If a Submission created by a Group is selected as the winning Submission, then the individual identified as the Submitter or Group Leader shall be exclusively responsible for accepting the $10,000USD cash prize and allocating that prize money as desired by the Group, as well as collecting any/all required releases from the Group members identified in the Submission forms. If that Submitter is unable to collect releases from all members identified in the initial Submission forms, the Group will be disqualified from receiving the $10,000USD cash prize.
8. Prize.
There will be three (3) prizes awarded:
Each prize will be $10,000 USD, to be paid via direct deposit to an account specified by the winning Submitter, and payment thereof shall be exclusively managed by Super League Enterprise, Inc..
In addition, upon being confirmed a winner, all winners will enter the HI-CHEW Creator Incubator, which is a Fortnite Creative program aimed at celebrating community talent and embedding HI-CHEW in fan-made content. The three (3) Fortnite creators selected to receive $10,000 USD in funding and resources will build their own HI- CHEW-themed UEFN games using the custom asset library.
PRIZE RESTRICTIONS: Limit one (1) prize per Submitter/Group. If prize is awarded to a Group, the Group Leader is solely responsible for distributing (i.e., splitting) the prize. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility of the Submitter. Each winner may be required to submit a completed IRS Form W-9 or equivalent tax form prior to prize payment. Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Challenge. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, the Submissions submitted by the prize claimants will be judged against each other in accordance with the winner selection method(s) described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
9. General Conditions; Limitations of Liability and Releases.
WARNING: ANY ATTEMPT BY A SUBMITTER OR ANY OTHER INDIVIDUAL TO DELIBERATELY TAMPER WITH OR DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CHALLENGE OR UNDERMINE ITS LEGITIMATE OPERATION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the submission process and/or the website, and/or their legitimate operation; to violate these Terms or any other rules, requirements, terms or conditions applicable to the Maps and/or the promotion thereof; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by Submitters, errors or by any of the equipment or programming associated with or utilized in the Challenge and the Program; (2) lost, late, incomplete, damaged, stolen, misdirected, or illegible Submissions; (3) lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; (3) unauthorized human intervention in any part of the Submission process; (4) technical or human error that may occur in the administration of the Challenge, including without limitation the processing of Submissions; or (5) any injury or damage to persons or property (including, but not limited to, infringement of trademark, copyright, or the right of publicity), that may be caused, directly or indirectly, in whole or in part, from Submitter's participation in the Challenge. If, for any reason, the Challenge is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized
intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of this Challenge, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Challenge or suspend the Challenge to address the impairment and then resume in a manner that best conforms to the spirit of these Terms; and/or (b) terminate the Challenge and award the prize(s) from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria described above. Sponsor’s failure to enforce any term of these Terms shall not constitute a waiver of that provision Except as otherwise prohibited or restricted by law, Sponsor reserves the right to modify or update these Terms at any time; if Sponsor modifies or updates these Terms, it will post notice of such modification by posting the updated version of these Terms on the following website (available at [https://www.hichewmakers.com/terms]). Changes to these Terms will be effective immediately or, if required by law, 30 days after notice to You. If You continue to use the Program after the Terms are changed, You are deemed to have accepted all changes.
BY MAKING A SUBMISSION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SUBMITTER AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, THE OTHER CHALLENGE ENTITIES, DISCORD, INC., META PLATFORMS, INC. (INCLUDING INSTAGRAM AND FACEBOOK), YOUTUBE, INC., ALL OTHER SOCIAL MEDIA PLATFORMS USED FOR THE ADMINISTRATION OR PROMOTION OF THE CHALLENGE, AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, MARKETING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (TOGETHER, THE “RELEASED PARTIES”) FOR AND FROM ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, LIABILITIES, AND EXPENSES OF ANY KIND RELATED TO THE CHALLENGE. THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY SUBMITTERS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION IN THE CHALLENGE, OR ANY RELATED CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARTICIPANTS AGREE TO RELEASE AND HOLD HARMLESS EPIC GAMES, INC., ITS LICENSORS, ITS AND THEIR AFFILIATES, AND ITS AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, AND OTHER REPRESENTATIVES FROM ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, LIABILITIES, AND EXPENSES RELATED TO THIS CHALLENGE.
10. Nature of Relationship/Waiver of Equitable Relief.
Each Submitter understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that innovative ideas are constantly being submitted to it or being developed by their own employees, agents, representatives, agencies, etc. Each Submitter also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Submitter acknowledges and agrees that such Submitter will not be entitled to any compensation as a result of the Sponsor’s use of any such similar or identical material. You should not and cannot assume or infer from the fact that Sponsor accepts Your Submission that Sponsor regards Your Submission, or any part thereof, as novel, valuable or usable. Each Submitter acknowledges and agrees that the Challenge Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Submitter acknowledges that, with respect to any claim by Submitter relating to or arising out of the Challenge Entities’ actual or alleged exploitation or use of any Submission, the damage, if any, thereby caused to the applicable Submitter will not be irreparable or otherwise sufficient to entitle such Submitter to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission, based on or allegedly based on the Submission, and the Submitter's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, as otherwise set forth in these Terms, including in Sections 9, 11 and 12.
11. PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.
Dispute Resolution; Arbitration Agreement. IF YOU, SPONSOR, OR ANY OF THE CHALLENGE ENTITIES (TOGETHER FOR PURPOSES OF THIS SECTION 11 “SPONSOR,” “WE,” OR “US”) HAVE ANY DISPUTE WITH OR CLAIM AGAINST THE OTHER (A “CLAIM”) ARISING OUT OF OR RELATING IN ANY WAY TO THE CHALLENGE, AND THE CLAIM IS NOT RESOLVED BY CONTACTING OUR CUSTOMER SERVICE DEPARTMENT AT [contactus@superleague.com]AND/OR BY FOLLOWING THE MANDATORY PRE-ARBITRATION NOTICE AND INFORMAL DISPUTE RESOLUTION PROCEDURE SET FORTH BELOW, YOU AND WE EACH AGREE TO RESOLVE SUCH DISPUTES THROUGH AN INDIVIDUAL BINDING ARBITRATION OR AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. Class arbitrations and class actions are not permitted, and a Claim may not be consolidated with any other person’s claim. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that You and we are each waiving the right to a trial by jury or to participate in a class action. You and we agree that any arbitrations between You and us will be subject to this Section and not to any prior arbitration agreement You had with us. This Section shall survive termination of these Terms or any subscription or registration that You may have to any of the Services.
Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. Before a party commences an arbitration or files a small claims court action with respect to a Claim, the party must first send to the other a written notice of dispute (“ Notice ”). A Notice from You to us must: (1) be sent by certified mail; (2) be addressed to: Morinaga America, Inc., 4 Park Plaza, Ste 750 Irvine, CA 92614; Attn: General Counsel (the “ Notice Address ”); (3) contain Your name, address, and email address; (4) describe the nature and basis of Your Claim; (5) if You are submitting the Notice, include any relevant facts regarding Your participation in the Challenge; (6) specify the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation of them; and (7) include a personally signed statement from You (and not Your agent, attorney or anyone else purporting to act on Your behalf) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only Your dispute and no other person’s dispute.
After the other party’s receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. If we and You do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), You or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).
Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this Section. All of the requirements of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure are essential so that You and we have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. If the arbitration is already pending prior to the completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure, the arbitration shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure in arbitration.
Arbitration Procedure. Any such arbitration shall be governed by applicable rules of National Arbitration & Mediation (“NAM”) (including the Comprehensive Dispute Resolution Rules and Procedures and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“ NAM Rules” ), as modified by this Section (the “ Arbitration Agreement, ”) and will be administered by NAM. (If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.) The NAM Rules are available online at http://www.NAMADR.com by calling NAM at 1- 800 - 358 - 2550, or by requesting them in writing at the Notice Address. You may obtain a form to initiate arbitration at:https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf or by contacting NAM.
You and Sponsor agree that the party initiating arbitration must submit a certification that it has complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above and that it is a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).
All issues, including the scope and enforceability of this Arbitration Agreement, are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision is binding only between You and Challenge Entities and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
As in court, You and we agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in this Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless You qualify for a fee waiver under applicable law.
In circumstances in which the NAM Rules provide for an in-person hearing, such hearing will take place in the U.S. in New York, New York. If the Mass Filing process described below is triggered, then the location of any hearing will be determined by the arbitrator.
Discovery During Arbitration. The parties shall each be limited to a maximum of one (1) fact witness deposition per side, unless the arbitrator determines that more depositions are warranted based on the totality of circumstances, including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the claims appear, on the basis of the pleadings, to
have sufficient merit to justify the time and expense associated with the requested discovery. Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to;” and shall not be encumbered with extensive “definitions” or “instructions.” The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.
Electronic discovery, if any, shall be limited as follows. Absent a showing of compelling need: (a) electronic documents shall only be produced from sources used in the ordinary course of business, and not from backup servers, tapes or other media; (b) the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format that is usable by the requesting party and convenient and economical for the producing party; (c) the parties need not produce metadata, with the exception of header fields for email correspondence; (d) the description of custodians from whom electronic documents may be collected should be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute; and (e) where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator may either deny such requests or order disclosure on the condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.
● Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent
permitted by law.
● Offer of Settlement. In any arbitration between You and us, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the Claim. If the award is issued in the other party’s favor and is less than the defending party’s settlement offer or if the award is in the defending party’s favor, the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the Claim may be entitled for the cause of action under which it is suing.
● Mass Filing. If, at any time, 25 or more claimants (including You) submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, consistent with the definition and criteria of Mass Filings (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), You and we agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long as the pre-arbitration Notice complies with the requirements above, until Your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Stage One: Counsel for the claimants and counsel for us shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and we shall pay the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for us shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge, and we shall pay the mediator’s fee.
Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for us shall each select 100 claims per side (200 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.
If Your Claim is not resolved as part of the staged process identified above, either:
Option One: You and we may separately or by agreement, opt out of arbitration and elect to have Your Claim heard in court consistent with these Terms. You may opt out of arbitration by sending us Your individual, personally signed notice of Your intention to opt out by certified mail addressed to Morinaga America, Inc., 4 Park Plaza, Ste 750 Irvine, CA 92614, Attn: General Counsel. Such an opt-out notice must be sent by You personally, and not by Your agent, attorney, or anyone else purporting to act on Your behalf. It must include a statement, personally signed by You, that You wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. We may opt Your Claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to Your counsel within 14 days after the expiration of Your 30- day opt out period. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither You nor we elect to have Your Claim heard in court consistent with Option One, then You agree that Your Claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistently with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to Your Claim, and a court of competent jurisdiction determines that they are not enforceable as to Your Claim, then Your Claim shall proceed in a court of competent jurisdiction consistent with these Terms.
You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.
If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The other portions of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
12. Choice of Law.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions between Sponsor and Submitter, or the rights and obligations of You as the Submitter and Sponsor in connection with the Challenge, shall be governed by, construed, and enforced in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules that would cause the application of the laws of any jurisdiction other than the State of New York, and Submitter agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Challenge for which the arbitration procedures set forth in Section 15 above are unenforceable, such claims shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate United States District Court within New York or the appropriate State Court located in New York County; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submission, but in no event attorneys’ fees; and (3) under no circumstances will Submitter be permitted to obtain awards for, and submitter hereby waives all rights to claim, indirect, 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.
13. Severability.
If all or any provision of these Terms are found to be invalid, unenforceable, or illegal, then You and Sponsor agree that the provision will be severed and the rest of these Terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that of the prohibition on Choice of Law and Forum/Dispute Resolution is found to be invalid, unenforceable, or illegal, You and Sponsor agree that it will not be severable; any dispute will be resolved in court subject to the venue and choice of law clauses specified in these Terms. Sponsor’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless agreed to in writing by Sponsor.
14. Agreement.
You agree that upon request by Sponsor, You must agree to and provide Your e-signature to these Terms. You agree that your e-signature shall constitute a valid signature pursuant to the Uniform Electronic Transactions Act (UETA) and ESIGN Act. Unless otherwise stated herein, and subject to modification or update of these Terms by the Sponsor or express agreement in writing by You and the Sponsor, these Terms shall constitute Your entire understanding and agreement with respect to the Challenge and Your Submission, and supersedes all prior understandings, whether written or oral.
