TOYchallenge Permission, Waiver and Release Form

Your child is being invited to participate in the TOYchallenge toy design contest (the “Contest”) being run by Sally Ride Science, and sponsored by Southwest Airlines and Northrop Grumman (the “Sponsors”). It is the intent of this agreement to permit you to understand the representations to be made by you on your child’s behalf of the obligations incurred by Sally Ride Science.

• Parent acknowledges that he or she has read a copy of the official Contest rules (the “Rules”), understands such Rules, and will ensure that the Child complies with such Rules.
• You represent and agree that any toy or game idea submitted by the Child in the Contest (the “Contest Submission”) will be an original idea conceived by the Child and will not be an idea obtained from any third party.
• You voluntarily and forever release and discharge Sally Ride Science, its respective subsidiaries, affiliates and related companies, and their respective directors, officers, employees and agents and any other person, entity or sponsor connected with the Contest from any and all claims, actions, and/or liability of any type or kind (including but not limited to, damages for personal injury or property damage) that the Parent or Child at any time may sustain as a result of Child’s participation in the Contest or any activities relating to the Contest.
• You warrant that you are the sole owner, creator, inventor and author of the Material, that you have the full right and authorization to submit the Material and that no other person or entity, unless disclosed to Sally Ride Science by you in writing, has or shall have any right, title or interest in or to the Material.
• You acknowledge and agree that any and all controversies arising out of or in any way relating to the Material submitted by you to Sally Ride Science shall be settled by final and binding arbitration which will take place in California pursuant to the rules of the American Arbitration Association. At the request of either party, the arbitrators, attorneys, parties to the arbitration, witnesses, experts, court reporters, or other persons present at the arbitration shall agree in writing to maintain the strict confidentiality of the arbitration proceedings. The arbitration shall be conducted by a single, neutral arbitrator, or, at the election of either Sally Ride Science or you, three neutral arbitrators, appointed in accordance with the applicable rules referred to above. The award of the arbitrator(s) shall be enforceable according to the applicable laws of the state of California. The arbitrator(s) shall only award damages with a maximum amount of Twenty Five Thousand ($25,000.00) Dollars.
• You agree that no contract or obligation of any kind is assumed by Sally Ride Science or may be implied against Sally Ride Science by reason of Sally Ride Science’s review of the Material or any discussions or negotiations you and Sally Ride Science may have concerning the Material. Specifically, it is understood that Sally Ride Science’s review of the Material neither constitutes nor creates an implied-in-fact or implied-in-law contract, even if there exists an industry custom to the contrary.
• You understand that all right, title and interest in toy or game ideas in whatever form submitted, as well as the right to apply for patent protection, anywhere in the world, shall be vested in Sally Ride Science and you agree to cooperate with Sally Ride Science in filing the necessary paperwork to effectuate the foregoing in any country in the world in return for the foregoing. No submission of Material will be accepted from you on the basis of a confidential relationship nor shall any such submission by you to Sally Ride Science be deemed a confidential communication.
• You understand and acknowledge that any part of the Material which is not novel or original and not legally protected may be used by Sally Ride Science without any liability on its part to you and that nothing herein shall place Sally Ride Science in any different position with respect to such non-novel or non-original Material by reason of such use than a member of the general public.
• Sally Ride Science agrees to pay a royalty of five (5%) percent of all the monies received in commercialization of such toy or idea. If Sally Ride Science fails to commercialize such toy or idea for a period of seven (7) years from the date of submission, Sally Ride Science agrees to assign such toy or idea back to you along with any patents, copyrights or applications filed thereon.
• Commercialization shall be defined as the sale of any mass produced product anywhere in the world.
• Parent agrees that SRS and respective subsidiaries, affiliates and related companied shall have, without further obligation to Parent or Child, the right to use Parent's or Child's name, photograph, likeness, address, Contest Submission and prize information for promotional purposes and without further compensation.
  
  

  All parents or legal guardians of Child must sign below:
  
  ________________________    _______________________
  Signature(s)
  
  
  ________________________    _______________________
  Name(s) Printed
  
  
  ________________________
  Date