Article 1. Applicant

• If a corporation applies for the Contest, the corporation is the applicant; if an individual applies for the Contest, the individual is the applicant; if a group of individuals applies for the Contest, all participating members of the group (including the representative of the group and the other members of the group) are the applicants (collectively, “Applicant”). If an individual is a minor, the individual shall apply for the Contest after having first obtained his/her parent or other custodian’s consent.
• If an Applicant who does not belong to GAKKEN Group successfully passes the final selection stage of the Contest and the Applicant engages in a business related to the business idea that is submitted by the Applicant for the Contest (“Submitted Idea”), a collaboration relationship shall be established between the Applicant and GAKKEN Group.
• If Applicant belongs to a corporation and the Applicant’s engagement in the business activities under the Submitted Idea pursuant to Article 1.2 would constitute a “side job” for the Applicant under their employer’s internal rules, then Applicant shall be expected to apply for the Contest after Applicant has confirmed that he/she will be able to take steps (such as obtaining permission for the side job or submitting a notification of the side job) under the rules of their employment or the like of the corporation or entity to which Applicant belongs. If a breach of such rules of employment or the like of such corporation or entity to which Applicant belongs is discovered, the Submitted Idea may become ineligible for the Contest. If Applicant incurs disadvantages or damages due to Applicant having applied for the Contest or engaged in any activities in breach of the rules of his/her employment or the like of the corporation or entity to which Applicant belongs, GAKKEN shall be in no way liable therefor.

Article 2. Application

• Applicant may submit several business ideas for the Contest. If Applicant submits more than one business ideas, Applicant is required to submit a separate application form for each business idea.
• In the Contest, Applicant may submit a business idea which has been previously submitted to any other contests but which is in a stage prior to commercialization, provided, however, that Applicant is required to have confirmed before submitting the business idea for the Contest that the submission of the business idea to the Contest shall not breach the terms and conditions of such other contest(s). If Applicant incurs disadvantages or damages due to Applicant having applied for the Contest in breach of the terms and conditions of any other contest, GAKKEN shall in no way be liable therefor.
• In the Contest, Applicant may submit a business idea which uses technology or study results or the like of any other individual, entity or organization (collectively, “Right-holders”). Under such circumstances, Applicant shall be required to, prior to submitting the application for the Contest, have confirmed with the Right-holders whether they would be willing to grant a license to Applicant. If Applicant incurs disadvantages or damages due to Applicant failing to have obtained such license, GAKKEN shall in no way be liable therefor.

Article 3. Handling of Submitted Ideas

• Documents and/or data related to the application for the Contest will not be returned.
• Copyright (including the rights under Articles 27 and 28 of the Japanese Copyright Act) of the explanatory reference materials for the ideas submitted by Applicant for the Contest (including, but not limited to, written proposals, drawings, presentation materials, videos, images and other documents) shall remain with GAKKEN.
• Applicant agrees that, irrespective of the selection stage of the Contest, GAKKEN or a company within GAKKEN Group may engage in business which is the same as or similar to Applicant’s Submitted Idea; and Applicant shall not make an objection to the same nor shall Applicant make any demand.
• Applicant shall not engage in business based on any Submitted Idea which is in any selection stage of the Contest, independently or in cooperation with a third-party, provided that this provision shall not apply if the Submitted Idea fails to successfully pass the selection stage of the Contest.
• If a Submitted Idea successfully passes the final selection stage of the Contest and GAKKEN Group and the relevant Applicant intend to commence a collaboration of business in a concrete manner such as commercialization of the Submitted Idea, then GAKKEN Group and Applicant shall separately execute an official contract based on the details of the collaboration.
• The Submitted Idea shall lose any confidentiality associated with it when submitted to the Contest. GAKKEN shall disclose the Submitted Idea to the individuals and entities interested in the Contest. Even if there is a statement, etc., intended to protect the confidentiality of the Submitted Idea, GAKKEN Group (including GAKKEN) and any individual or entity interested in the Contest shall have no confidentiality obligations.

Article 4. Selection

• GAKKEN will review the Submitted Idea based on GAKKEN’s independent standards and at several stages of selection, and GAKKEN will provide each Applicant with notice of the results of the selection.
• GAKKEN will not answer any inquiry regarding the reasons for the results of the selection or the like.

Article 5. Cancellation

• If it is discovered after the application for the Contest that Applicant has breached these Application Terms or Application Guidelines or Applicant fails to meet the requirements specified in these Application Terms or Application Guidelines, GAKKEN may cancel Applicant’s application or the results of the selection.

Article 6. Compliance and Others

• Applicant shall bear the costs and expenses for the application to the Contest or any other costs and expenses that may arise during the selection stage of the Contest except where otherwise specifically provided for.
• Applicant shall submit a business idea which: does not infringe on any third-party’s intellectual property rights (including the right to obtain such right and the right to file an application for the registration of such right; “Intellectual Property Rights”), publicity rights, privacy rights or any other third-party’s rights or any confidential information; and does not breach any laws or regulations (if Applicant is an individual who resides in a country outside Japan or is a foreign corporation, including any applicable local laws or regulations). If any right is infringed upon by any action of Applicant, then the relevant Applicant shall be responsible for, at its own expense, resolving such issue. Under such circumstances, GAKKEN and GAKKEN Group shall in no way be involved in the issue nor shall it be required to provide any compensation therefor. Applicant shall be required to, at its own responsibility, secure and maintain any objective reference materials or the like to avoid any such right-related issues with a third-party.
• If a dispute arises between Applicant and a third-party in connection with the Submitted Idea, Applicant shall be responsible for resolving the dispute, and GAKKEN and GAKKEN Group shall not be liable therefor. In addition, if GAKKEN and/or GAKKEN Group incurs damages due to an act or omission by Applicant, then Applicant shall be obliged to compensate GAKKEN and/or GAKKEN Group for such damage.
• In applying for and/or participating into the Contest, Applicant shall not: commit an act which may interfere with the operation of the Contest; make any request or demand that exceeds the scope of what is reasonable; commit an act against public order and morals or an act that may breach public order and morals.
• Although GAKKEN or an individual involved in the Contest may provide advice or express an opinion or the like regarding the Submitted Idea during the process of selection for the Contest, GAKKEN and such an individual do not guarantee, nor shall they be liable for: the improvement to the quality of the Submitted Idea; the commercialization of the Submitted idea; or the success of the business or the like.

Article 7. Exclusion of Anti-Social Forces

• Applicant shall covenant to GAKKEN that:
  • Applicant is not an organized crime group, an affiliate of an organized crime group, a corporate extortionist or an entity or individual equal to any of the above or a member of the same (collectively, “Anti-Social Forces”);
  • if Applicant is a legal entity, any of its officers (i.e., executive employees, directors, executive officers or the like) and employees are not an Anti-Social Force;
  • Applicant does not allow any Anti-Social Forces to use Applicant’s name to make an application for the Contest; and
  • Applicant will not commit any of the following acts itself or by using a third-party:
    (a) To make threatening utterances or actions or make a violent act against GAKKEN Group; or
    (b) To interfere with the business operation of GAKKEN and/or GAKKEN Group using fraudulent means or forcible obstructions or cause damages to their reputation.
  • Applicant is not directly or actively involved in the maintenance or operation of any Anti-Social Forces by, without limitation, providing funds or convenience to them; and Applicant does not have a socially-reproachable relationship with any Anti-Social Forces.
• If (x), (y), or (z) below applies to Applicant, GAKKEN shall be entitled to cancel its decision related to the Contest (such as the result of review) without making any further request. In addition, if GAKKEN or GAKKEN Group has provided funds to Applicant, then Applicant shall return the full amount to GAKKEN or GAKKEN Group, as the case may be.
  (x) if it is discovered that Applicant has made any statements contrary to the covenants in Items (i), (ii) or (v) of Article 7.1;
  (y) if it is discovered that Applicant has applied for the Contest in breach of the covenant in Item (iii) of Article 7.1; or
  (z) if Applicant has committed an act contrary to the covenant in item (iv) of Article 7.1.
• If the result of review or the like is cancelled or funds are returned pursuant to Article 7.2 (collectively, “Event of Cancellation”), Applicant shall not request that GAKKEN and/or GAKKEN Group compensate Applicant for damage that Applicant incurs due to the Event of Cancellation.

Article 8. Change in Content of the Contest; Termination

• GAKKEN may change the content of the Contest or terminate the Contest for any reason it deems fit.　If GAKKEN intends to change the content of the Contest or terminate the Contest, GAKKEN will provide advance notice to Applicant in a prescribed manner, provided, however, that this provision shall not apply if urgency is required.
• GAKKEN shall not be liable to Applicant if Applicant incurs damages due to any action taken by GAKKEN pursuant to Article 8.1.

Article 9. Handling of Personal Information

• Any personal information of Applicant that is provided by Applicant for its application to Contest may be utilized for the operation, analysis and promotion of the Contest.

Article 10. Amendment to these Application Terms, etc.

• GAKKEN Group may amend the terms and conditions of these Application Terms and the Application Guidelines without having first obtained Applicant’s prior consent.
• If GAKKEN intends to amend these Application Terms pursuant to Article 10.1, GAKKEN will make a notification to Applicants which: indicates that certain amendments will be made to these Application Terms; advises as to the content of the amended provisions of these Application Terms; indicates the effective date of such amendments, and the notification may be made by email to Applicant or by posting the notification on the website dedicated to the Contest at least two (2) weeks prior to the effective date of such amendments. The amended provisions of the Application Terms shall apply on and after a date specified in the notification.

Article 11. Severability

• If a provision in these Application Guidelines is declared null and void under any applicable laws, such nullity shall not affect any other provisions of these Application Terms, and these Application Terms shall nevertheless remain effective except for the nullified provision.

Article 12. Non-Waiver

• If Applicant or GAKKEN fails to request that the other party strictly perform any provision of these Application Terms, that party shall not be deemed to have waived the right to enforce that provision or any other provision of these Application Terms later.

Article 13. Governing Law and Agreed Exclusive Jurisdiction, etc.

• These Application Terms shall be interpreted in accordance with and governed by the laws of Japan.
• The definitive language version of these Application Terms shall be Japanese, and any version translated into any other language shall be for reference purposes only.
• If a dispute arises between Applicant and GAKKEN or GAKKEN Group, such dispute shall be exclusively resolved by the Tokyo Summary Court or the Tokyo District Court as the court of first instance depending on the amount of the claim.