(PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE OR ENTERING A SUBMISSION INTO THE CHALLENGE)
These Website Terms and Conditions & Challenge Official Rules comprise a legally binding agreement (hereinafter “Terms and Conditions”) between CBRE, Inc. and you or the team (school, project team, company, or other group working together for purposes of the Challenge) you are representing while visiting or using Real Green Research Challenge website located at www.realgreenchallenge.com (the “Challenge Website”) or any other Real Green Research Challenge communications platform. By accessing the Challenge Website, registering for or participating in the Real Green Research Challenge (hereinafter “the Challenge”), you agree to follow these Terms and Conditions, without any reservations, modifications, additions or deletions, as well as all applicable laws and regulations, including relevant laws dictating internet use outside the United States, where the Challenge Website originated and resides. We reserve the right to make changes to these Terms and Conditions, in our sole discretion and without prior notice, at which time the amended Terms and Conditions will be published on this page and in all applicable locations. Your continued use of the Challenge following the posting of changes to the Terms and Conditions will mean you accept those changes.
- The Challenge is sponsored by CBRE, Inc. (hereinafter "CBRE"), headquartered at 11150 Santa Monica Blvd., Suite 1600, Los Angeles, California 90025.
- The Challenge is an up to U.S. $1,000,000 CBRE-funded grant, awarded in discretionary amounts over a four-year period to up to 15 qualified applicants for addressing a recognized and well-defined sustainability need in the built environment, as further described in Sections 14-17 below. Supplemented by access to an established network of global CBRE resources, the challenge seeks to stimulate and produce breakthrough technological or behavioral solutions for market application in order to advance the benefits of sustainability in the commercial real estate field.
How to Enter & Odds & General Conditions
- Open only to participants who are 18 years of age or older, unless a higher age is required for full legal responsibility according to laws in effect where the applicant resides. Entrants may enter alone or as part of a team. For team entries, all members of the team must meet the eligibility requirements set forth herein and the team will be treated as a single entrant for purposes of the Challenge and, as between the team and CBRE, individual team members are responsible for allocating responsibilities and benefits amongst team members. Teams will appoint one team member to be the official representative of the team with the authority to act on behalf of the other team members for purposes of the Challenge. Employees of CBRE and its subsidiaries, affiliates, advertising and promotion agencies and their immediate families, as well as anyone else directly connected to the individuals who serve on the Challenge Judging Panel (the “Judging Panel”), are not eligible to participate. Participants must adhere to all terms and conditions laid out in this document, and including any additions or amendments that may be published in the future. CBRE reserves the right to verify the identity and eligibility of participants. It is the legal responsibility of applicants to ensure that they own the rights to the creative concept and project plan as submitted to the Challenge, including all materials that are submitted (collectively and severally, the “Materials”). “Submission” means collectively all information and Materials submitted to CBRE by entrant in connection with the Challenge. Projects that have been awarded funding or received grants from any other source are not eligible for consideration in the Challenge. Entries that the governing body of the Challenge determines do not meet eligibility criteria as described above will be deemed ineligible and disqualified without appeal. If ineligibility is discovered after a prize of any amount has been awarded, all funding and material support received by the recipient must be refunded in full to CBRE. There is no arbitration policy in effect for the Challenge; all decisions by its governing body are final. Many will enter, only up to 15 will be selected for any award and awards will vary depending on how far the Submission progresses in the Challenge, as further described in Sections 14-17 below. Actual odds of winning an award depend on the number of eligible entries received. CBRE cannot accurately predict the number of eligible entries.
- In order to take part in the Challenge, participants must visit the Challenge Website. Submissions are accepted only in English and must be submitted through the Challenge Website by the date specified in Section 14. THE CHALLENGE IS NULL AND VOID IN ANY JURISDICTION WHERE PROHIBITED BY LAW. CBRE operates the Challenge Website from its headquarters in the United States. CBRE can’t promise that the Challenge Website is appropriate or available in other locations; if you do access the Challenge Website from another country, you agree to follow all of that country’s laws regarding the use of the Challenge Website. Furthermore, references to the Challenge do not imply that CBRE intends to offer the Challenge in your country. CBRE reserves the right in its sole and absolute discretion to terminate the Challenge at any time without prior notice.
- NO PURCHASE OF ANY PRODUCT OR SERVICE OF CBRE OR ANY THIRD PARTY IS REQUIRED FOR PARTICIPATION IN THE CHALLENGE. IN ADDITION, WHETHER OR NOT A PARTICIPANT IS A PURCHASER OF PRODUCTS OR SERVICES OF CBRE OR ANY THIRD PARTY WILL NOT AFFECT THE EVALUATION OF THE SUBMISSION.
- Each person who enters the Challenge, whether alone or as part of a team, represents, warrants, and agrees that no part of the Submission will contain content that:
Entries which are incomplete, defamatory, damaged or otherwise contain content as described in Section 6 above will be deemed invalid.
- is inappropriate, obscene, defamatory, libelous, slanderous, profane, indecent or unlawful;
- infringes or misappropriates third-party intellectual property rights;
- constitutes “hate speech” directed at an individual or a group based on the race, sex, creed, national origin, religious affiliation, sexual orientation, age, handicaps or language of such individual or group;
- promotes or contains viruses, worms, corrupted files, cracks or other content that may damage or render inoperable the software, hardware or security measures of CBRE and/or any third party;
- facilitates or promotes gambling, sale or use of hard liquor, tobacco products or illegal drugs or any other illegal activity;
- constitutes breach of any confidential obligation imposed under contracts or laws binding upon the participant; or
- restricts or otherwise inhibits any person’s use or enjoyment of the Challenge or other services provided by CBRE.
Participants agree to be bound by these Terms and Conditions when entering the Challenge. CBRE reserves the right to refuse to provide access to the Challenge to anyone at any time. You may be denied access, with or without prior notice to you, if you do not comply with any provision of the Terms and Conditions. Failure to comply with these Terms and Conditions will result in the disqualification of the participant. By entering the Challenge, participants agree to abide by decisions made by the governing body, on which CBRE holds the primary seat, and all decisions are final and binding. Details of a Submission and the project’s evaluation will not be published. CBRE will not provide individual feedback or any explanation concerning the governing body’s decision to the participants. CBRE shall have no obligation to respond to any correspondence received from participants. CBRE shall have no obligation to preserve, return, or otherwise make available to participants or others any Materials or other part of the Submission. Awards will be granted only if the potential recipient fully complies with these Terms and Conditions. All portions of the award(s) are non-assignable and non-transferable. All details and other restrictions of the award(s) not specified in these Official Rules will be determined by CBRE in its sole discretion. Each award recipient shall be solely responsible for any and all national, federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable award. CBRE is not responsible for and will not pay any such taxes, fees, or costs. The potential recipient may be required to execute a Certificate of Eligibility, Confirming License/Assignment, an agreement with CBRE as set forth in Section 20, a Liability Release, a Non-Disclosure Agreement and (where imposing such condition is legal) a Publicity Release (collectively, “Award Claim Documents”). If any potential recipient fails or refuses to sign and return all Award Claim Documents within ten (10) days of award notification, the recipient may be disqualified and an alternate recipient may, in the sole discretion of CBRE, be selected in accordance with the procedures outlined in these Official Rules.
- Submissions will be accepted from the academic community, including a clearly identified team of professors, researchers and students; and from private sector individuals, including a clearly identified team or organizations. If a significant portion of the concept includes integration of an existing commercial product, including software, or building system, the collaborating private entity must offer to provide CBRE full rights to the product or system in perpetuity at no cost to the applicant, team or organization or to CBRE.
- Submissions relating to ideas or products must address their potential commercial real estate market application (i.e., commercialization) and must be designed at a minimum for implementation at CBRE-related buildings.
- Submissions relating to research topics must apply to the commercial building sector, for example:
All Submissions must include each of the following components:
- Best practices for auditing the savings from energy investments, or software that could be used for such auditing or sharing savings from energy investments
- Comparative productivity studies that can prove empirical benefits of sustainable building occupancy
- Behavioral effects of disclosure and transparency on consumption
- Development of online predictive modeling software
- Development of an industry-wide sustainability scoring system for consumer comparison
- Best practices for, or software for, programs that lower operating costs or enhance revenues from recycling waste material strategies and programs
- Any other proposed idea that supports objectives of the Challenge and meets evaluation criteria
The Judging Panel will evaluate Submissions against the following judging criteria:
- A clear and concise concept statement of the idea and its potential market application, including a well-developed rationale;
- Scope of research proposed to achieve full project development and market application of the idea, including a timeline that features a clear and achievable objective;
- Proposed budget for entire project implementation;
- Description of the feasibility of the project with supporting description of how the fully-realized concept idea will be commercialized;
- Economic, technical and social contribution/benefits to the commercial building industry; and
- Suggested approach to marketing and industry-wide communications to promote the fully implemented idea.
- The Submission’s ability to address a recognized and well-defined sustainability need in the built environment (33%)
- The innovativeness and impact potential in the commercial real estate space (33%)
- The amount and caliber of third-party (non-CBRE) resources dedicated to the research and outcomes (33%)
The judging criteria are to be applied in the sole discretion of CBRE and the individual Judging Panel. By entering the Challenge, you acknowledge that such evaluations may differ from person to person and agree to be bound by and not challenge the final decisions of CBRE and the individual judges.
Structure: Start/End Dates & Grant Funding/ Awards
- Phase 1: Abstract Submission Process (September 24, 2012 – February 1, 2013 (11:59:59 p.m. Eastern Time))
Phase 2: Abstract Submission Review (February 1, 2013 – March 31, 2013)
- Applicants will submit a short abstract of their research proposal, including research objective, description, timeframe, budget, resources and any relevant attachments.
Phase 3: Research Plan Submission Process (April 1, 2013 – June 30, 2013)
- The Challenge Judging Panel will review the abstracts received and will award up to 15 abstract concept ideas up to US$15,000 each. Results of the Phase 2 evaluation will be made available March 31, 2013 and awards will begin to be made in April. Award recipients may not necessarily receive $15,000, which is just the maximum that any participant could be eligible to receive in this Phase, in the Judging Panel’s sole discretion.
Phase 4: Research Plan Implementation and Awards (July 1, 2013 – December 31, 2015)
- Those applicants funded in Phase 2 will submit complete research plans, including a clearly-defined Phase 4 objective supported by greater depth of concept, a defined scope of work and a long-term research budget.
- The timing of an individual applicant’s research plan completion will be determined by the nature and complexity of the abstracted concept but will not exceed December 31, 2013.
- Any award amount is discretionary and may be renewed annually through December 31, 2015 based on the research progress and expected outcomes. Selected recipients may be eligible to be awarded up to US$250,000 across Phase 4, as solely determined by the Judging Panel. -Award recipients may not necessarily receive $250,000, which is just the maximum that any participant could be eligible to receive in this Phase, in the Judging Panel’s sole discretion.
- Awards are provided for the exclusive purpose of executing the research plan according to criteria met and progress achieved toward the project’s ultimate vision, the demonstration of which will be required regularly throughout Phase 4.
- Award(s) include supplemental support provided by CBRE.
- Recipient(s) will be required to show progress toward the stated objective in a pilot program at designated buildings, demonstrating the merits of the project for commercial application.
- Recipient(s) are expected to collaborate with CBRE in developing an integrated marketing, education and media outreach plan that supports the idea’s adoption and can promote its broader distribution.
- Challenge award recipients will be selected by a diverse group of individuals who serve on the Judging Panel, which will evaluate the creativity and quality of each Submission in accordance with the topic and criteria. The Judging Panel is appointed by the governing body and will consist of a majority of non-CBRE personnel. The governing body reserves the right to change the composition of the Judging Panel at any time. A majority of the Judging Panel will be non-CBRE personnel.
- PARTICIPANTS RETAIN ALL OF THEIR INTELLECTUAL PROPERTY OWNERSHIP RIGHTS IN AND TO THEIR SUBMISSION. HOWEVER, CBRE NEEDS PERMISSION TO USE SUBMISSIONS IN ORDER TO ADMINISTER THE PROMOTION AND FOR OTHER REASONS CONTEMPLATED HEREIN. ACCORDINGLY, BY SUBMITTING A SUBMISSION INTO THE CHALLENGE, PARTICIPANTS HEREBY GRANT CBRE A LIMITED, NON-EXCLUSIVE, IRREVOCABLE, WORLD-WIDE, ROYALTY-FREE, PERPETUAL AND TRANSFERABLE RIGHT TO REPRODUCE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PUBLICLY DISPLAY, PUBLICLY PERFORM, USE, MAKE, HAVE MADE, OFFER OR OTHERWISE EXPLOIT AND USE THE SUBMISSION, WHETHER OR NOT SELECTED AS AWARD RECIPIENTS, IN ITS ORIGINAL OR IN ANY MODIFIED FORM, FOR THE SOLE PURPOSE OF ADMINISTERING THE CHALLENGE. IF ANY PART OF THE SUBMISSION CONTAINS SOFTWARE PROGRAMS, THE FOREGOING LICENSE GRANT INCLUDES BOTH THE OBJECT CODE FORM AND THE SOURCE CODE FORM OF THE SOFTWARE.
- BY ACCEPTING AN AWARD IN CONNECTION WITH THE CHALLENGE, ALL AWARD RECIPIENTS HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE TO COOPERATE, AND NEGOTIATE IN GOOD FAITH A SEPARATE AGREEMENT, WITH CBRE ADDRESSING CBRE’S PREFERENTIAL RIGHTS TO PUBLISH, MARKET, PROMOTE, COMMERCIALIZE, AND OTHERWISE DERIVE BENEFIT FROM SUCH AWARDED SUBMISSION. EACH AWARD RECIPIENT UNDERSTANDS AND AGREES THAT CBRE MAY REVOKE AN AWARD IF, IN ITS REASONABLE DETERMINATION, AN AWARD RECIPIENT IS UNREASONABLY WITHHOLDING SUCH PREFERENTIAL RIGHTS FROM CBRE. CBRE IS MAKING A SIGNIFICANT INVESTMENT BY SPONSORING THE CHALLENGE AND GRANTING AWARDS TO AWARD RECIPIENTS. THUS EACH AWARD RECIPIENT UNDERSTANDS AND AGREES THAT CBRE SHALL RECEIVE SOME PREFERENTIAL RIGHTS REGARDING SUCH AWARDED SUBMISSIONS.
- BY MAKING A SUBMISSION, THE PARTICIPANT ACKNOWLEDGES AND AGREES THAT CBRE HAS WIDE ACCESS TO IDEAS, DESIGNS AND OTHER MATERIALS AND MAY CREATE ON ITS OWN OR OBTAIN MANY SUBMISSIONS THAT MAY BE SIMILAR OR IDENTICAL TO THE SUBMISSION THE PARTICIPANT SUBMITS THROUGH THE CHALLENGE WEBSITE OR OTHER CHANNELS AND MEANS. THE PARTICIPANT HEREBY WAIVES ANY AND ALL CLAIMS HE OR SHE MAY HAVE HAD, MAY HAVE, AND/OR MAY HAVE IN THE FUTURE, THAT SUBMISSIONS ACCEPTED, REVIEWED AND/OR USED BY CBRE MAY BE SIMILAR TO HIS OR HER SUBMISSION. PARTICIPANT ACKNOWLEDGES AND AGREES THAT PARTICIPANT WILL NOT BE ENTITELD TO ANY COMPENSATION AS A RESULT OF CBRE’S USE OF ANY SUCH SIMILAR OR IDENTICAL SUBMISSION. EACH PARTICIPANT ACKNOWLEDGES THAT CBRE SHALL HAVE UNRESTRICTED RIGHTS TO USE ANY AND ALL RESULTS, IDEAS OR SUGGESTIONS PROVIDED AND OFFERED BY SUCH PARTICIPANT.
For clarity, CBRE has the right, but not the obligation, to use any Submission.
Consent to Publication/Data Protection
By making a Submission and entering the Challenge, participants warrant that they have full and unrestricted ownership rights in the Materials submitted, and acknowledge that they are providing it gratuitously and without restriction.. CBRE cannot provide any confidentiality, attribution or compensation for submitted Materials, and participants agree to indemnify, defend and hold CBRE harmless if participants or anyone else claims otherwise, or if a participant’s Materials otherwise violates the law. Participants consent to CBRE using their Material provided or made known to CBRE in the course of the Challenge for public relations purposes, including but not limited to advertisements and online promotions. Participants further accept that all submitted Material will be published on the World Wide Web and may be available to an indefinite number of information consumers. Participants further agree to the publication of their names if they are selected as award recipients. Participants waive any claims to royalty, rights or remuneration for project use as described in these Terms and Conditions. Participant acknowledges and agrees that in order to be eligible to receive any award, participant must execute a Non-Disclosure Agreement with CBRE. Participants consent to the transfer of personal data from the jurisdiction in which they reside or from which they submit the Materials to the United States.
- Participants warrant and represent that their Materials are original to them and that they have the full and unrestricted right to grant the rights granted in these Terms and Conditions, free from any and all encumbrances and third-party rights. Participants acknowledge and agree that CBRE shall have no obligation to post, display, or otherwise make publicly available any Materials submitted by participants.
- By entering the Challenge, participants agree to release and hold harmless CBRE and its representatives, agents, attorneys, affiliates, parent companies, and each of their respective employees, directors, officers and shareholders (the “Released Parties”) from any and all losses, damages, claims, rights, liability and actions of any kind brought against CBRE in connection with or resulting from (i) the Material provided or made known to CBRE in the Challenge, (ii) participants’ breach of any warranties, representations, covenants or obligations, (iii) acceptance, possession, or use of any award; or (iv) participation in the Challenge, including and without limitation personal injuries and death, as well as property damage and claims based on publicity rights, defamation or invasion of privacy.
Representations and Warranties
- CBRE is relying on certain representations that participants make by entering the Challenge, subject to but not exclusive of : (i) participant has the full power and authority to enter into and perform the obligations (including granting CBRE rights to the submitted Materials) under these Terms and Conditions; (ii) participants’ agreement to be bound by and comply with these Terms and Conditions does not constitute a breach of or conflict with any other agreement or arrangement by which participant may be bound, or any applicable laws, regulations or rules; (iii) the Terms and Conditions represent legal, valid and binding obligations, enforceable in accordance with accepted U.S. legal practice; (iv) participants will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of CBRE or any third party in the use of the Challenge Website or participating in the Challenge; and (v) participants will comply with all applicable laws, rules and regulations in the use of the Challenge Website and participating in the Challenge, including these Terms and Conditions.
- Confidential Information shall mean any information either verbal, written or electronic and including without limitation any documents, such as electronic documents, email, instant messages, contracts, correspondences, published text, collateral, project budget, technical and operational processes, analyses and compilations; and studies or any other information, knowhow, data or property either expressly qualified as secret, proprietary or confidential as determined by the context in which it is provided and concerning CBRE’s business or that of CBRE Affiliates. Confidential Information does not include: (i) information that is or becomes commonly known without a violation of these Terms and Conditions; (ii) information that was lawfully received from an independent third party without any breach of confidentiality by that third party; (iii) information which was approved for public release by written authorization of CBRE; and (iv) information which is required to be disclosed by law or by enforceable official directives.
- Participants shall keep secret and shall not disclose, divulge, or make available to anyone or, except in connection with a Submission for the Challenge, make use of any Confidential Information.
- Participants shall not without the prior written consent of CBRE use any of CBRE’s or CBRE affiliates’ trademarks, logos, and brand elements. Consent for such use, if granted, can be withdrawn at any time for any reason.
- CBRE is not responsible or liable for and shall be released and held harmless from: (a) entries not received due to lost, failed, delayed or interrupted connections or miscommunications or any other electronic transmission malfunction; or due to lost, late, mutilated, illegible, incomplete, insufficiently posted or otherwise misdirected supporting materials or any condition caused by events beyond the control of CBRE that may cause the Challenge to be disrupted. CBRE is not responsible for incorrect or inaccurate entry information, whether caused by website user error or computer equipment or programming technology associated with or utilized in the Challenge. CBRE reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Terms and Conditions, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Terms and Conditions.
- Some of the content posted on the Challenge Website may be provided by third parties. Such third-party content is the sole responsibility of the person creating that content. CBRE does not control and is not responsible for this third-party content. CBRE does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights or quality of any content on the Challenge Website regardless of who creates that content. The participant expressly understands and agrees to bear all risks associated with using or relying on that content.
- The Challenge Website may contain links and references to web pages of third parties. CBRE is not liable for the content of such web pages and does not make representations about or endorse such web pages or their contents as its own, as CBRE does not have control over the information or contents on such web pages. Neither shall CBRE be liable for the quality, correctness or completeness of any third-party information expressly provided on the Challenge web site as third-party content, including any information supplied by any of the Challenge partners, sponsors and/or affiliates. Visitors to those sites should refer to each site’s privacy policies and practices.
- Any tax or national insurance contributions or incidental expenses arising from the award shall be the sole responsibility of the award recipients. Any award granted in the course of the Challenge shall be subject to any restrictions that may be imposed on the provision of such award by the local, national or international governmental authorities generally or to specific identified individuals, regardless of region or national origin.
- All monetary prizes will be paid in U.S. dollars. No award substitution shall be granted except at the sole discretion of CBRE. If an award cannot be granted due to circumstances beyond the control of CBRE, a substitute award of equal value will be provided.
- These Terms and Conditions, the conduct of the Challenge and the interpretation and enforcement of the full Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of the State of California and the United States of America. The place of jurisdiction shall be California, U.S.A; provided, however, that CBRE or its designees will be allowed to bring lawsuits or other legal proceedings before a court or tribunals of any other jurisdictions (including, without limitation, the jurisdiction where a participant is located).
- Failure by CBRE to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision. To the maximum extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Challenge Website or these Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever barred.
- CBRE reserves the right to modify these Terms and Conditions at any time without prior notice and/or to suspend, withdraw or cancel the Challenge for any reason and at any time, acting reasonably and without incurring any liability. CBRE furthermore reserves the right to exclude a participant who does not abide by these Terms and Conditions at any time without incurring any liability.
- The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event of any discrepancy or inconsistency between these Terms and Conditions and disclosures or other statements contained in any Challenge-related materials, these Terms and Conditions shall prevail, govern and control to the fullest extent permitted by applicable law.
- To obtain any legally-required winners list (after the conclusion of the Challenge) or a copy of these Terms and Conditions, send a self-addressed envelope with the proper postage affixed to: CBRE, 11150 Santa Monica Blvd., Suite 1600, Los Angeles, California 90025, United States. Please specify “winners list” or “Official Rules” and the name of the Promotion in your request.