American Ninja Warrior Obstacle Design Challenge
Official Rules (“Official Rules”)
May 31, 2021 — September 20, 2021
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The American Ninja Warrior Obstacle Design Challenge (“Contest”) will begin on May 31, 2021 at 12:00 P.M. PT and end on September 20, 2021 at 11:59 A.M. PT (“Contest Period”). All times in the Contest refer to Pacific Time (“PT”). Odds of winning depend upon the number of eligible entries received. Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically residing in one (1) of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are eighteen (18) years of age or older and of the age of majority in their state of residence as of the start of the Contest Period. If you are less than eighteen (18) years of age and/or below the age of majority in your state of residence you must have a parent or legal guardian who is eighteen (18) years of age or older, and above the applicable age of majority, enter on your behalf. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include American Ninja Warrior and NBCUniversal Media, LLC, both located at 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), Vox Media LLC, 1201 Connecticut Ave. NW, 11th Fl., Washington D.C. 20036 (“Vox Media”), Canam Productions, Inc., and each of their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
HOW TO ENTER: As part of your Entry (as defined below), you will be required to submit an image (“Image”) and a written description (“Statement”) on the following theme: “Design an original obstacle for use in an American Ninja Warrior course” (“Entry”). Entry must be original and must not infringe on any third party rights, including without limitation, copyright, trademark, or patent, or create claims for idea misappropriation or breach of contract. You must have permission of, and are responsible for securing necessary permissions and licenses for (including the permission of a parent/guardian if any person in the Entry is of an age considered to be a minor), any person who appears or is identified in the Image, and Image must not contain any copyrighted material, as determined by Sponsors in their sole discretion. If any minors appear in Image, the entrant must be that minor’s parent and/or legal guardian. Professional Images with watermarks are not eligible.
To enter the Contest, during the Contest Period go to AmericanNinjaWarriorNation.com (“Website”), and follow the provided instructions to submit an Entry that meets the following criteria:
- OBSTACLE NAME: Each obstacle must be given a name when submitted. (Please note: Obstacle name is not guaranteed.)
- OBSTACLE HEIGHT: Obstacle cannot exceed 10-feet in height.
- OBSTACLE WIDTH: Obstacle cannot exceed 8-feet in width.
- OBSTACLE LENGTH: Obstacle cannot exceed 24-feet in length.
- Obstacles cannot be automated. Motors or other mechanics cannot drive the obstacle.
- Obstacles must accommodate height (5’ to 7’) and weight (85 lbs to 250 lbs) restrictions of competitors.
- Statement must be no longer than one hundred (100) words.
- Entry must be original work created by the entrant
- Entry must be submitted as a PDF, DOC, DOCX, PNG, JPG, JPEG, or GIF file.
- Entry must not contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive.
- No music
- No demonstrations or performance of use of obstacle
- Entry can include explanations of obstacles, CAD, CGI or animation as examples
ENTRANTS SHOULD NOT EXPOSE THEMSELVES OR OTHERS TO ANY DANGEROUS OR HARMFUL BEHAVIOR OR ACTIVITY AT ANY TIME DURING THIS CONTEST. ENTRANTS AGREE TO ABIDE BY ALL TRAFFIC, SAFETY, AND OTHER APPLICABLE LAWS. Participants should follow all federal (US) and applicable state COVID-19-related regulations and guidelines when creating their Entry or in connection with this Contest. All Entries become the property of Sponsors and will not be acknowledged or returned. You must submit the Image and Statement (collectively referred to herein as the “Submissions”) as part of your Entry to enter and be eligible for the Contest. By entering the Contest, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submissions and materials relating to Submission (including without limitation photos, drawings, designs, footage, models, names, logos, prototypes, promotional or marketing material provided and/or created by entrant) and to incorporate the Submissions into any advertisements and/or in American Ninja Warrior (the “Show”), and to exploit the advertisements and the Show in perpetuity in all media now known or hereafter devised. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors’ reproduction, publishing, displaying, and/or other use of the Submissions will not infringe on any rights of third parties, including, without limitation, copyright, trademark, patent, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Submissions contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submissions do not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Submissions (and the related Entries) may be rejected as ineligible for consideration and/or deleted from the Website. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.
Entries must be received before September 20, 2021 at 11:59 A.M. PT to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. You may submit two (2) Entries during the Contest Period. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including but not limited to illegible handwriting, are void and will not be accepted. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, including but not limited to on-air, on the Website and/or on the American Ninja Warrior social media pages, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
PATENT: Each entrant understands and acknowledges that: (i) proprietary rights in and to inventions, discoveries, concepts and ideas are governed by the patent, trademark, copyright, other intellectual property and other applicable laws of the United States and other countries and by the trade secret, trademark and other intellectual property and other applicable laws of various states; (ii) disclosure of Submission (or any other invention, idea, design business model, proposal, or material that entrant may disclose) as part of participation in the Contest may adversely affect the ability to secure and maintain proprietary rights under the patent, trademark, trade secret, copyright, other intellectual property and other applicable laws of the United States, other countries and various states; (iii) countries outside the United States require absolute novelty in order to obtain patent protection, and that public disclosure of Submission, including presentation as part of the Contest, will prohibit patent and other legal protection in countries that require such novelty unless protection has been procured before the disclosure; (iv) it is entrant’s sole responsibility to evaluate all potential adverse consequences of participation in the Contest and to obtain such legal advice and consultation as necessary in connection with all such potential adverse consequences, as well as all other matters relating to my participation in the Contest, including, without limitation, patent, trademark, trade secret, copyright, other intellectual property and other laws and entrant’s legal rights related to my participation in the Contest and any invention, idea, design, business model, proposal, or material that is discussed or related in connection with participation in the Contest; and (v) no evaluation, determination, legal advice or counseling for entrant’s benefit or on entrant’s behalf with the respect to participation in the Contest or the application of such laws, to entrant’s Submission or otherwise, is or will be offered, made, or given by Sponsors, Vox Media, or any of their agents, representatives, employees, independent contractors or anyone else on their behalf.
Each entrant understands and acknowledges that Sponsors and Vox Media make no representation or warranty, either express or implied, and that Sponsors hereby expressly disclaim any representation and warranty, express or implied, with respect to entrant’s participation in the Contest or entrant’s Submission, including, without limitation, the novelty, uniqueness, utility or patentability of entrant’s Submission, and entrant agrees that no such representation or warranty shall be implied as a result of the fact that entrant’s Submission is being considered by Sponsors for possible inclusion in a potential television program or as the result of entrant’s Submission in the potential television program if Submission is selected.
Each entrant understands and acknowledges that the preparation, filing, prosecution and maintenance of patent applications (and all patents issuing as a result thereof) with respect to Submission or any other composition, device, process, or invention are entrant’s responsibility. Entrant further understands and acknowledges that Sponsors assumes, and each of them hereby expressly disclaims, any responsibility, obligation or liability whatsoever with respect to the preparation, filing, prosecution and/or maintenance of any patent application (and all patents issuing as a result thereof) with respect to Submission or any other composition, device, process, or invention.
Each entrant covenants and agrees that they will not, either directly or indirectly, initiate, assign, maintain or prosecute, or in any way knowingly aid or assist in the initiation, maintenance or prosecution of, any claim, demand or cause of action at law or otherwise, against Contest Entities for infringement of any patent that is included in my Submission or claims priority to any patent or patent application (“Patents”) listed in my Submission, or that covering a product, or technology or Submission entrant discloses in the course of entrant’s participation in the Contest and that entrant owns or on which entrant is listed as an inventor. Entrant agrees that this covenant not to sue shall extend to Contest Entities’ suppliers, developers, partners, resellers, distributors, wholesalers, agents, end-users, and customers (“Users”), but only to the extent that such Users’ activities relate to the products or services of, or provided by, Contest Entities. Entrant agrees that this covenant will run with title to the Patents and will bind any person or entity to whom rights in the Patents are assigned or otherwise transferred or conveyed.
Each entrant represents and warrants they have had an opportunity to fully discuss the potential adverse consequences associated with entrant’s participation in and the disclosure of entrant’s Submission and/or Patents in and in connection with the Contest, as well as the patent, trademark, trade secret, copyright, other intellectual property and other applicable laws, and any other matter with entrant’s own independent legal counsel, and that entrant knowingly and voluntarily accept any and all risks with respect thereto. Entrant fully understands that if entrant has any questions or concerns at any time, entrant shall discuss them with his/her own independent legal counsel. Entrant recognizes that this Contest is in no way intended to be a substitute for the explanations and advice that have been provided by entrant’s own independent legal counsel.
IDEA MISAPPROPRIATION WAIVER: By entering the Contest and submitting an Entry, entrant agrees to and acknowledges the following. Entrant understands that although he/she may believe his/her Submission to be unique and novel, there may be pre-existing ideas, concepts, or proposals that are similar to entrant’s Submission. Entrant recognizes that other persons, including Sponsors’ own employees, may have submitted to Sponsors, NBC Entertainment, a division of NBC West, LLC, NBCUniversal Media, LLC or its affiliates (including, without limitation, NBC West, Universal Television, USA Cable Entertainment, SYFY, Universal Cable Productions, Universal Network Television, Bravo Media, Oxygen Media, E!, Esquire, Wilshire Studios, Cloo, Chiller, Sprout, MSNBC, CNBC, Peacock Productions, Stamford Media Center & Productions, Telemundo, NBC Universo, Fluency, Telemundo Internacional, Peacock TV LLC, NBC Owned Television Stations, NBCUniversal Television Distribution and NBCUniversal Television Studio Digital Development) (collectively with Sponsors, “NBCUniversal”) or others, or made public, or may in the future originate and submit or make public, similar or identical ideas, concepts, or proposals that NBCUniversal may have the right to use, and entrant understands that he/she will not be entitled to any compensation because of NBCUniversal’s or Vox Media’s use of such similar or identical ideas, concepts, or proposals in any manner. Entrant understands and agrees that NBCUniversal’s use of material containing features or elements similar or identical to those contained in entrant’s Submission will not obligate NBCUniversal to negotiate with entrant or entitle entrant to any compensation if NBCUniversal determines that they have an independent legal right to use that other material for any reason (for example, because the features or elements are not new or novel, were not originated by entrant, or were or may hereafter be independently created and submitted by other persons, including entrant’s employees).
SELECTION OF WINNER: In or about September 2021, one (1) or more qualified judges selected by Sponsors (“Judges”) will review all eligible Entries received during the Contest Period and select one (1) potential winner (“Winner”) based on the following judging criteria (“Judging Criteria”): Originality (33%), Creativity (33%) and Practicality of Design (34%). The selection and review process may occur on a rolling basis as Entries are received. In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Originality. In the event a tie still remains, Judges will select Winner in their sole discretion. Sponsors reserve the right to extend the Contest Entry Period if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsors in their sole discretion. Winner will be required as a condition of continued eligibility to sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within three (3) days of such notification. Noncompliance within this time period will result in disqualification. If the potential Winner cannot be reached or if it is found ineligible, if it cannot or does not comply with the foregoing requirements and these Official Rules, if its prize or prize notification is returned as undeliverable, or if it does not satisfactorily execute all of the Contest Documents, potential Winner will be disqualified and Sponsors will award the Prize (defined below) to the runner-up.
PRIZE: There will be one (1) prize awarded (“Prize”) awarded to Winner. Prize will consist of the following: an ANW Gift Bag and the opportunity to have entrant’s design incorporated into an American Ninja Warrior obstacle
Estimated Retail Value (“ERV”) of Prize is two hundred and fifty dollars ($250). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded.
Sponsors will determine all details of Prize in their sole discretion. Sponsors reserve the right to substitute Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible entries at Sponsors’ sole discretion.
EXCLUSIVE LICENSE: Winner shall grant to the Sponsors a fully paid-up, royalty-free, non-transferable, exclusive right and license to utilize, reproduce, display, broadcast, distribute, develop, modify, and create derivative works of such Submission howsoever they choose in any and all markets and media now known or hereafter devised, throughout the world in perpetuity, without additional notification, permission, approval, or compensation until January 1, 2027 (the “Exclusive License”). Winner warrants that he/she has the sole and exclusive right to grant such rights to Sponsors and that the Sponsors’ reproduction, publishing, displaying, and/or other use of the Submission will not infringe on any rights of third parties, including, without limitation, copyright, trademark, patent, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Submission must not contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive, and Submission must comply with these Official Rules and all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submission. At the conclusion of the Exclusive License period, Sponsors shall maintain a non-exclusive license to the Winner’s Submission.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors and Universal Orlando to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors and Universal Orlando (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest.
DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK; PROVIDED, HOWEVER, THAT CLAIMS FOR BODILY INJURY, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING OUT OF THE REDEMPTION, USE OR MISUSE OF THE TRIP PROVIDED BY UNIVERSAL ORLANDO (“TRIP PRIZE CLAIMS”) MUST BE SUBMITTED TO THE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS OF THE STATE OF FLORIDA, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA. EXCLUDING TRIP PRIZE CLAIMS, IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the Winner, available after October 4, 2021, send a self-addressed, stamped envelope to be received by January 4, 2022 to: American Ninja Warrior Obstacle Design Challenge, 100 Universal City Plaza, Universal City, CA 91698.