Healthcare Innovation World Cup Terms & Conditions

The Healthcare Innovation World Cup is an innovation competition which makes available $70,000 in total as prize money. This page contains terms that make up a legally binding agreement (“Terms of Use”) between Healthcare Innovation and Technology Lab, the Organizers of the innovation competition and you or the group (company, institution, etc.) you are representing while visiting this Website www.healthcareinnovationworldcup.com.

By accessing this Website, registering for or participating in the competition, you agree to follow these Terms & Conditions as well as all applicable laws and regulations. If you do not agree, please do not use our Website.

Finally, because laws and policies covering the Internet can change quickly, and vary according to the nationality or country of access of the user, we need to make modifications to these terms. We reserve the right to make changes to these Terms of Use at any time, though we will post the amended Terms of Use right here when we do so. Please periodically check these Terms of Use for changes. Your continued use of our Website following the posting of changes to the Terms of Use will mean you accept those changes.

I. GENERAL CONDITIONS

Once submitted, an Application will not be returned. HITLAB may, in its sole and absolute discretion, reject, refuse, remove, delete and/or disqualify or disallow any Application HITLAB, in its sole and absolute discretion, deems inappropriate or otherwise non-compliant with the Official Application Rules and Guidelines without informing the applicant. HITLAB reserves the right to waive the requirements set forth herein in its reasonable discretion.

If any organization desires to submit an Application, it must designate one (1) individual as the Participant to submit the Application. If a Participant is submitting an Application on behalf of an organization, the Participant must disclose this fact in its Application. If the Participant acting on behalf of an organization is selected as an Eligible Award Recipient, the Participant will be required to submit written documentation that the organization:

HITLAB, in its sole and absolute discretion, will decide if written documentation provided is sufficient, and may at its sole and absolute discretion, request additional documentation from Participant or organization. HITLAB is not responsible or liable for any disputes between Participants and organizations arising under or related to the Healthcare Innovation World Cup.

An Application or any work product developed utilizing Award funds cannot communicate messages or images inconsistent with the positive images and/or goodwill with which HITLAB wishes to associate.

If HITLAB, at any time during the Healthcare Innovation World Cup period, receives a complaint (including but not limited to a cease and desist letter, general letter of complaint, etc.) alleging intellectual property infringement in a Participant’s Application, HITLAB, in its sole and absolute discretion, reserves the right to remove such Application from the Website and disqualify the Application without prior notice to Participant.

If any group of individuals elects to collaborate on an Application, they are required to designate one (1) person/organization as the Participant and the submitter of the Application in the Healthcare Innovation World Cup, and such person/organization shall agree to these Official Application Guidelines on behalf of the group of individuals. HITLAB is not responsible or liable for any disputes between collaborators arising under or related to the Healthcare Innovation World Cup.

As conditions of entry into this Healthcare Innovation World Cup and by uploading an Application, each Participant represents and warrants that the entire Application:

II. GRANT OF RIGHTS TO HITLAB

By submitting an Application, Participant hereby agrees that:

III. INTELLECTUAL PROPERTY

HITLAB is not responsible for obtaining or verifying any intellectual property rights relating to the project that has been entered. It is the responsibility of the entrant to secure protection for a project which is being entered before submission. Proof of any patents, design applications or registrations, trademark applications or registrations, other rights, permissions or applications should be referred to in the entry.

The entrant must confirm that he/she is the legal owner of all intellectual property (and moral rights) in relation to the entry and, if not, that he/she has obtained all necessary permissions and licenses from relevant third parties. The project must be original and not in breach of a third party’s intellectual property rights. If an entrant is unable to confirm that he/she is the legal owner of all intellectual property (and moral rights) in relation to the entry or that he/she has obtained all necessary permissions and licenses from relevant third parties, HITLAB reserves the right to disqualify the entry.

At all times, the intellectual property in relation to the project will remain the entrant’s. HITLAB will not take ownership of intellectual property.

IV. LIABILITY

 

V. PERSONAL DATA

By entering the Healthcare Innovation World Cup, entrants expressly authorize HITLAB to use personal data collected during the registration process for the purposes of administering the Healthcare Innovation World Cup, notwithstanding their rights to access or amend that may be exercised by the entrants by the means of an e-mail or letter addressed to HITLAB.

For residents of the EU: pursuant to EU law pertaining to data collection and processing, you are informed that: the data controller is HITLAB and the data recipients are HITLAB and its agents; your data is collected for purposes of administration of the promotion and for marketing purposes; you have a right of access to and withdrawal of your personal data. You also have a right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to The Healthcare Innovation & Technology Lab, 3960 Broadway Suite 501, New York, New York 10032. Your personal data will be transferred to the U.S.

HITLAB will not pass on the entrant’s details to third parties.

VI. PUBLICITY AND PROMOTION

The winners, runners-up and finalists of the Healthcare Innovation World Cup agree to take part in any publicity and promotional activity surrounding the HITLAB and future competitions.

Any entrant to the competition may be asked to take part in publicity and promotional activities for the HITLAB. By entering the competition, the entrant is accepting that his or her story, project details, images and footage can be used for publicity purposes. The entrant may be invited to personally partake in publicity opportunities such as interviews put forward to the entrant by the HITLAB. Each opportunity will be taken on merit and the entrant will have the right to decline any opportunity which they do not wish to be personally involved with.

VII. TAXES

There may be some tax implications for Award Recipient. The Funder recommends that Participants review their Application with their legal/tax advisor to determine their potential tax liability, if any, in connection with receiving award as part of this Healthcare Innovation World Cup. If there is any tax liability, it will be the sole responsibility of award Recipient.

VIII. SAFEGUARDING YOUR ACCOUNT

You are responsible for the activities that occur under your account. If something goes wrong and you think someone else is using your account or accessing the information in your account without your permission, you must change your password and let us know immediately, but the Organizers will not be liable for any loss that you may incur as a result of someone else using your password or account. We are trusting you to take good care of your secure information. You could be held liable for losses incurred by the Organizers or another party due to someone else using your account or password.

IX. CONTENT

By posting Your Content, you instruct us that it is exclusively and truly yours, you are providing it gratuitously and without restriction, and that you agree to grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance, distribute and otherwise exploit Your Content in any way in connection with our Website or the Organizers (consistent with our Privacy Policy). We can’t provide any duty of confidentiality, attribution or compensation for Your Content, and you agree to defend and hold the Organizers harmless if you or anyone else claims otherwise, claims they have rights in Your Content or if Your Content otherwise violates the law.

X. THIRD PARTY SITES

Our Website may contain links to third-party sites that are not under our control, so we are not responsible for the contents on any linked site or any link contained in a linked site, or any changes or updates to such sites, or your dealings with the owners of such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We encourage you to be aware of when you leave our Website, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

XI. INDEMNIFICATION

In short, we are counting on you to comply with these Terms of Use when using our Website and our services; if you don’t, we expect you to protect us from any harm that results from your actions, as explained below.

YOU AGREE TO INDEMNIFY AND HOLD US AND OUR EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, AFFILIATES, DIRECTORS, EMPLOYEES, OFFICERS, MANAGERS AND SHAREHOLDERS (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY DAMAGE, LOSS, COST OR EXPENSE (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS) INCURRED IN CONNECTION WITH ANY THIRD-PARTY CLAIM, DEMAND OR ACTION (“CLAIM”) BROUGHT OR ASSERTED AGAINST ANY OF THE INDEMNIFIED PARTIES: ALLEGING FACTS OR CIRCUMSTANCES THAT WOULD CONSTITUTE A BREACH OF ANY PROVISION OF THESE TERMS OF USE BY YOU; ARISING FROM, RELATED TO, OR CONNECTED WITH YOUR COMMENTS, YOUR USE OF OUR WEBSITE, INCLUDING ANY USE BY YOUR EMPLOYEES, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. IF YOU ARE OBLIGATED TO PROVIDE INDEMNIFICATION PURSUANT TO THIS PROVISION, WE MAY, IN OUR SOLE AND ABSOLUTE DISCRETION, CONTROL THE DISPOSITION OF ANY CLAIM AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITATION OF THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY CLAIM WITHOUT OUR EXPRESS WRITTEN CONSENT.

XII. YOUR REPRESENTATIVES AND WARRANTIES

We are relying on certain promises you make to us. You represent and warrant to the Organizers that: (i) you have the full power and authority to enter into and perform your obligations (including granting us rights to Your Content) under these Terms of Use; (ii) your agreement to be bound by and comply with these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) these Terms of Use are your legal, valid and binding obligations, enforceable in accordance with their terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of the Organizers or any third party in your use of our Website; and (v) you will comply with all applicable laws, rules and regulations in your use of our Website, including these Terms of Use.

XIII. GOVERNING LAW

These Terms of Use and our relationship with you will be governed exclusively by the laws of the State of New York, USA, without regard to its conflicts of laws rules. Any litigation arising out of or relating to this Agreement must be filed and pursued exclusively in the New York, and you consent to the jurisdiction of and venue in such courts. If either of us resorts to legal action relating to our relationship, the prevailing party will be entitled to an award of all its costs and reasonable attorneys’ fees.

XIV. MISCELLANEOUS

These Official Application Guidelines and their performance will be binding on Participant, Voters and their heirs, administrators, executor, successors and assigns. The construction, validity, interpretation and enforceability of the Official Application Guidelines and this Healthcare Innovation World Cup will be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules. By submitting an Application, Participants consent to the jurisdiction and venue of the federal, state and local courts located in New York, New York. Notwithstanding the foregoing, Participant acknowledges that HITLAB may nonetheless:

These Official Application Guidelines will not be assignable by Participant. HITLAB, its designated agents, and their respective parents, successors and assigns, will have the unlimited right to assign these Official Application Guidelines and the rights granted at any time, in whole or in part, to any party. Participant will execute any documents (after being afforded a reasonable opportunity to review and/or confirm the same) and do any other acts as may be reasonably required by HITLAB to further evidence or effectuate HITLAB’s rights as set forth in these Official Application Guidelines, and Participant appoints HITLAB as their attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which Participant fails to execute (after being afforded a reasonable opportunity to review and/or confirm the same).

Further, HITLAB reserves the right, at its sole and absolute discretion, to disqualify any individual, any or all of his/her Application(s) and/or votes deemed to be

HITLAB reserves the right, in its sole and absolute discretion, to require an Eligible Grant Recipient to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Healthcare Innovation World Cup will not bring HITLAB into public disrepute, contempt, scandal or ridicule or reflect unfavorably on HITLAB, its agents or the Healthcare Innovation World Cup as determined by HITLAB in its sole and absolute discretion.

XV. DEFINITIONS

[1] “Derivative works”: The documents/proposals as submitted, however not the idea itself (also IP section for more information).

2]“Recipient” :The team or individual who, after being reviewed by the designated judges, is selected as an award winner.

[3] “Application”: All information submitted toHITLABby a participant

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© 2013 HITLAB