The Hatchery and Grubhub Pitch Contest – Official Rules (“Official Rules”)
Date of Official Rules:  September 22, 2023

  1. Definitions. For the purposes of these Official Rules, the following definitions apply:
    1. “Contest” means The Hatchery and Grubhub Pitch Contest, which is sponsored by The Hatchery and Grubhub.
    2. “Entrant” or “You” means the person who completes and satisfies the eligibility requirements for the Contest and agrees to be bound by the terms of the Official Rules.
    3. “Entry” means the completion of an entry in the Contest as specified in Section 4 of these Official Rules.
    4. “Grubhub” means Grubhub Holdings Inc., a Delaware corporation, and its directors, officers, agents, successors, and assigns, with principal place of business at 111 W Washington Street, Chicago IL 60602.
    5. “Proof of Concept” means proof of initial sales of at least $10,000 in revenue.
    6. “The Hatchery” means Industrial Council of Nearwest d/b/a The Hatchery Chicago, an Illinois not-for-profit corporation, and its directors, officers, agents, successors, and assigns.
    7. “Prize” means any of the bundles of services and products described in Section 6 of these Official Rules.
    8. “Sponsors” means The Hatchery and Grubhub.

 

  1. Eligibility. The Contest is open to Entrants who meet the following eligibility criteria:
    1. Entrant is a passionate food/beverage entrepreneur who has a business that either has launched sales or has established Proof of Concept; and
    2. Entrant is a quick service restaurant, caterer, or related food/beverage business looking to expand its operations using a third-party delivery platform such as Grubhub; and
    3. Entrant’s business plan incorporates the use of a third-party delivery service; and
    4. Entrant is a legal entity registered with the Illinois Secretary of State or an individual who is at least 21 years of age and a legal resident of Illinois; and
    5. At the time of Entry into the Contest, Entrant has a valid email address; and
    6. Entrant completes and submits an application and, if selected as a finalist, participates in an interview/pitch at The Hatchery, in compliance with Section 4 of these Official Rules; and
    7. Entrant has read and agrees to be bound by and comply fully with these Official Rules; and
    8. If Entrant is selected as a finalist, Entrant delivers to The Hatchery at 135 N Kedzie Ave, Chicago IL 60612 at least one hour prior to the interview/pitch component of the Contest (i) thirty (30) samples of Entrant’s product for evaluation by the Contest judges, along with any essential equipment to showcase the product, (ii) Entrant’s pitch deck, and (iii) any optional marketing materials; and
    9. Entrant is willing and able, if selected as the Contest winner, to obtain all the licensing necessary to produce in a commercial shared kitchen at The Hatchery; and
    10. Entrant may submit only one Entry to the Contest; and
    11. Entrant is willing to sign an affidavit that they meet all eligibility requirements stated in these Official Rules; and
    12. Entrant consents to the use of their name, city of residence, photographic and audiovisual images, and other non-financial information submitted as part of the Contest Entry by Sponsors to promote Sponsors’ services and goods.Current Hatchery private kitchen tenants and individuals that are (or entities owned or managed by) previous or current employees or agents of Sponsors and immediate family members of such employees or agents are not eligible to enter the Contest. “Immediate family members” is defined as parents, spouses, former spouses, children, grandchildren, dependents, siblings, and those individuals living in the same household as the employee or agent of Sponsors.

 

  1. No Purchase Necessary. Entrant does not need to make any purchase to enter Contest, but, if selected as a First Place or Second Place Contest Winner, Entrant must be willing and able to pay a $200 move-in fee, satisfy the insurance and licensing requirements for a lease at The Hatchery, sign a twelve-month or six-month rent-free lease at The Hatchery, and comply with all lease rules and regulations (including the acquisition/use of specified kitchen cleaning products) to take advantage of a Prize.

 

  1. Entering the Contest. The Contest will begin on September 26, 2023 at 9:00 a.m. CST and Entry forms must be submitted by October 30, 2023 at 5:00 p.m. CST (“Entry Period”). To enter the Contest, Entrant must:
    1. Complete and submit the application form (“Entry Form”) during the Entry Period; and
    2. Agree that, if selected as one (1) of the five (5) finalists, You will be available to participate in an interview/pitch session with the Sponsors (tentatively scheduled for December 1, 2023) and will tour The Hatchery facility to ensure it meets Your production needs; and
    3. Demonstrate Your ability to operate a financially sound enterprise, including through a review of Your enterprise’s business plan, compliance with financial commitment timelines, profit and loss statement, and other financial statements; and
    4. Demonstrate You have obtained or can obtain business registration, insurance, and all the licensing necessary to produce in a commercial shared kitchen at The Hatchery; and
    5. Demonstrate a commitment to growth through sharing Your top three business goals for the next year and how using of a third-party delivery service is incorporated in Your business plan; and
    6. Illustrate why being a tenant at The Hatchery, participating in its programs, and engaging with its community of entrepreneurial residents and members is or would be beneficial to Your success; and
    7. If Entrant is selected as a finalist, deliver to The Hatchery at 135 N Kedzie Ave, Chicago IL 60612 at least one hour prior to the interview/pitch component of the Contest (i) thirty (30) samples of Entrant’s product for evaluation by the Contest judges, along with any essential equipment to showcase the product, (ii) any optional marketing materials, and (iii) Entrant pitch deck, which Entrant will present to the judges; and
    8. Agree that You have read and will be bound by and comply fully with the Official Rules of the Contest; and
    9. Agree that, if You are selected as a Contest winner, Sponsors may use Your name, likeness, city and state of residence, and other information You submitted as part of the Entry to promote Sponsors; and
    10. Agree that, if You are selected as a Contest winner, you will share with Sponsors information about your business’s performance during the term of the Prize awarded; and
    11. Represent that the person completing and submitting the Entry is the Entrant.The Hatchery’s email server clock will be the official timekeeper of the Contest.

      An Entrant may enter the Contest only once.

      At the end of the Entry Period, incomplete entries and entries that do not meet the eligibility criteria stated in Section 2 of these Official Rules will be discarded and deemed void.

      All entries, whether complete or incomplete, are and will remain at all times Sponsors’ property and will not be returned or may not be acknowledged.

 

  1. Selection of Contest Winners and Entry Clearance. After reviewing all complete Entries, Sponsors will select finalists and notify by email such finalists by November 3, 2023 Each finalist will then be required to participate in an interview/pitch on December 1, 2023 (which date Sponsors may reschedule if they deem necessary in their sole discretion). Sponsors will select preliminary Contest winners by December 1, 2023 based on the criteria outlined in Section 4 of these Official Rules. Sponsors will then notify each preliminary winner in person by December 1, 2023 (with follow-up email) that their Entry has been selected as one of the Contest’s preliminary winners, and each preliminary winner must complete the following steps to finalize their selection as a Contest winner:
    1. Within five (5) business days of notification by email of their selection as a Contest winner, send a confirmation email to Sponsors that Entrant remains willing and able to accept the specified Contest Prize and fulfill all requirements of the Prize; and
    2. If requested to do so by Sponsors, sign an affidavit attesting that all facts stated in the Entry submitted by the Entrant are true and that Entrant meets all eligibility requirements stated in these Official Rules; and
    3. Within sixty (60) days of notification by email of their selection as a Contest winner, establish a Grubhub marketplace account (if Contest winner does not already have an active account).If a preliminary winner does not complete the steps identified in Section 5(a)-(b) within the timeframe noted, Entrant forfeits the specified Prize and Sponsors may, but are not obligated to, select another Contest winner. If a preliminary winner does not complete the step in Section 5(c) above within the timeframe noted, such Entrant forfeits any portions of the Contest Prize contingent on having a Grubhub marketplace account. The odds of winning are dependent on the number of Entrants.

 

  1. Prizes and Approximate Retail Value. Five Prizes will be awarded.One first place Prize valued at $38,700 will be awarded to the Entrant submitting the first place winning Entry and will consist of:
    1. Twelve (12) months of free rent in a standard private culinary kitchen at The Hatchery, including one (1) storage unit with a $31,200 value; and
    2. Wrap-around support services from The Hatchery team during the twelve-month term of the free rent with a $5,000 value; and
    3. Basic cleaning materials as required to be used per the terms of the lease; and
    4. One (1) year of Bloom Membership to The Hatchery with a $500 value; and
    5. Equipment (leased and/or donated, as mutually determined by The Hatchery and Contest winner) with a $1,000 value; and
    6. A sixty (60) day trial period on the Grubhub platform with no “marketing” commissions charged by Grubhub to Entrant during the trial period, although Grubhub delivery and processing fees will still apply and marketing commissions will begin to be charged automatically after such trial period ends; and
    7. A $1,000 promotion credit to be added to Entrant’s Grubhub marketplace account that can be used for future Grubhub customer promotions; and
    8. As part of signing up for a Grubhub marketplace account, Entrant will get access to Grubhub Direct, which includes the following benefits:
      1. Opportunity to build a branded online ordering site for orders that are commission free to Entrant, although Grubhub processing fees (3.05% + $0.30 per order or then current rate) will still apply; and
      2. Access to schedule a professional food photoshoot, which will permit winning Entrant to obtain five (5) to 55 photos that winning Entrant may use on its websites, but Entrant must purchase and prepare the food to be photographed at its own expense; and
      3. Quarterly or monthly business review check-ins with the Grubhub team.

One second place Prize valued at $18,100 will be awarded to the Entrant submitting the second place winning Entry and will consist of:

    1. Six (6) months of free rent in a standard private culinary kitchen at The Hatchery, including one (1) storage unit with a $15,600 value; and
    2. Wrap-around support services from The Hatchery team during the six-month term of the free rent with a $2,500 value; and
    3. Basic cleaning materials as required to be used per the terms of the lease; and
    4. One (1) year of Bloom Membership to The Hatchery with a $500 value; and
    5. Equipment (leased and/or donated, as mutually determined by The Hatchery and Contest winner) with a $1,000 value; and
    6. A thirty (30) day trial period on the Grubhub platform with no “marketing” commissions charged by Grubhub to Entrant during the trial period, although Grubhub delivery and processing fees will still apply and marketing commissions will begin to be charged automatically after such trial period ends; and
    7. A $500 promotion credit to be added to Entrant’s Grubhub marketplace account that can be used for future Grubhub customer promotions; and
    8. As part of signing up for a Grubhub marketplace account, Entrant will get access to Grubhub Direct, which includes the following benefits:
      1. Opportunity to build a branded online ordering site for orders that are commission free to Entrant, although Grubhub processing fees (3.05% + $0.30 per order or then current rate) will still apply; and
      2. Access to schedule a professional food photoshoot, which will permit winning Entrant to obtain five (5) to 55 photos that winning Entrant may use on its websites, but Entrant must purchase and prepare the food to be photographed at its own expense; and
      3. Quarterly or monthly business review check-ins with the Grubhub team.

Three additional finalist Prizes, each valued at $250 will be awarded to three additional Entrants submitting finalist winning Entries, each of which will consist of:

    1. A fourteen (14) day trial period on the Grubhub platform with no “marketing” commissions charged by Grubhub to Entrant, although Grubhub delivery and processing fees will still apply and marketing commissions will begin to be charged automatically after such trial period ends; and
    2. A $250 promotion credit to be added to Entrant’s Grubhub marketplace account that can be used for future Grubhub customer promotions; and
    3. As part of signing up for a Grubhub marketplace account, Entrant will get access to Grubhub Direct, which includes the following benefits:
      1. Opportunity to build a branded online ordering site for orders that are commission free to Entrant, although Grubhub processing fees will still apply; and
      2. Access to schedule a professional food photoshoot, which will permit winning Entrant to obtain five (5) to 55 photos that winning Entrant may use on its websites, but Entrant must purchase and prepare the food to be photographed at its own expense.

Entrant may NOT request substitution of the awarded Prize.

 

  1. Taxes. Taxes, if any, are the sole responsibility of the Entrant who receives a Prize.

 

  1. Privacy. You are required to provide Sponsors with certain personally identifiable information to participate in the Contest. In addition, if You are selected as a Contest winner, You will be required to provide Sponsors with businesses performance information during the term of the awarded Prize. Sponsors may analyze and use the information that You provide for the purposes of conducting the Contest, sending You emails from Sponsors about the Contest, improving Sponsors’ services, and, if You are selected as a Contest winner, promoting services and goods of Sponsors. Sponsors may employ other companies and individuals to perform functions on their behalf, such as analyzing data, providing marketing assistance, and operating or hosting the Site, and it may share Your personally identifiable information with these parties. Sponsors encourage these third-party service providers to adopt and post privacy policies; however, the use of Your personally identifiable information by such parties is subject to their privacy policies and is not subject to Sponsors’ control. As Sponsors continue to develop their businesses, a Sponsor might merge with or be acquired by another company. If this happens, the successor company could acquire the information that Sponsor maintains, but personally identifiable information would remain subject to these Official Rules. Sponsors may disclose Your personally identifiable information if they believe in good faith that such disclosure is necessary to comply with the law or a court order; enforce these Official Rules; or protect the rights, property, or safety of Sponsors or others.

 

  1. Disclaimer. This contest is not sponsored, endorsed, or administered by or associated with Facebook® or any social media through which promotion of the Contest occurs.

 

  1. Indemnification. By entering the Contest, Entrant agrees to defend, indemnify, and hold harmless Sponsors from and against all claims and expenses, including injuries and attorney fees, arising out of Entrant’s participation in this Contest or acceptance of the Prize.

 

  1. Representations and Warranties. Sponsors will use their best efforts to timely review all Contest Entries and select the winning Entries and notify each winning Entrant if they are a finalist and/or each Prize winner at the email address provided on their Entry form by the dates stated in these Official Rules. Sponsors also will use their best efforts to announce the Contest winners on The Hatchery website by the date specified in these Official Rules. HOWEVER, SPONSORS DO NOT WARRANT THAT THE SPONSORS WILL BE ABLE TO NOTIFY THE WINNING ENTRANTS BY THE SPECIFIED TIMES, THAT THE WINNING ENTRANTS WILL RECEIVE THE EMAIL NOTIFICATION, OR THAT THE CONTEST WINNERS WILL BE ANNOUNCED BY THE SPECIFIED TIME.SPONSORS DO NOT MAKE ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTEST OR THE PRIZES. SPONSORS DO NOT MAKE ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTEST, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT.IN NO EVENT WILL SPONSORS BE LIABLE FOR LOST REVENUES OR PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, NOR WILL THE AGGREGATE LIABILITY OF SPONSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE CONTEST EXCEED THE VALUE OF THE PRIZES AS STATED IN SECTION 6 ABOVE.

 

  1. Site Accessibility and Security. Entrant will be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to enter the Contest. You acknowledge that sometimes there are interruptions in Internet or email service that are beyond the control of Sponsors, and Sponsors will not be responsible for any Entry or other information lost during Internet transmissions. Sponsors will not be responsible for any person’s inability to enter the Contest.

 

  1. Electronic Communication. You agree to receive communications from Sponsors in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that Sponsors provide to You electronically satisfy any legal requirement that such communications would satisfy if they were in a writing.

 

  1. Contest Termination. Sponsors may terminate the Contest at any time for any reason without prior notice. The provisions of Sections 4, 8, 10, 11, 15, and 16 will survive any termination of the Contest.

 

  1. Dispute Resolution. You agree that this Contest will be interpreted under the laws of the State of Illinois without reference to its conflict of laws provisions. You agree that any action arising out of or relating to the Contest will be brought only in a court located in Cook County, Illinois or, if a federal action, in the Northern District of Illinois. You hereby consent and agree to submit to the jurisdiction of and venue in such courts and waive any argument of inconvenient forum.

 

  1. Completeness and Severability. These Official Rules constitute the entire agreement between the parties with respect to the subject matter herein. No waiver by Sponsors of any breach or default of these Official Rules will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Official Rules are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of these Official Rules. If a provision of these Official Rules or the application thereof to any person or circumstance is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable to any extent, the remainder of these Official Rules and their application will not be affected and will be enforceable to the fullest extent permitted by law.

 

  1. Winner’s List. The names of the Entrants submitting the winning Entries for this Contest will be posted on one or both Sponsors’ websites and may be posted on other social media sites used by Sponsors.
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