Terms & Conditions
Terms & Conditions
For the Startup Slam Competition (“Slam”):
(a) By submitting requested information as part of this Slam (“Application”), you on behalf of yourself and your company (“Applicant”) agree to abide by the (i) specific terms and conditions for the slam application as set out below (the “Terms”), and (ii) the terms and conditions of use of the EBD website,
2. WHO CAN PARTICIPATE:
(a) Applications should only be submitted by authorized representatives of Applicant. To qualify, each Applicant must be an organization or entity that:
a. is available to present in person at the Startup Slam at BIO-Europe on November 6, 2018;
b. was incorporated in the past three years and has no revenue from sales of commercial products;
c. is developing a new diagnostic, therapeutic product, technology platform, preventative care solution; or digital healthcare solution; and
d. has aggregate funding of EUR 10 million or less.
(b) Applicants are responsible for complying with their own company policies related to participating in programs of this nature, including, but not limited to obtaining any necessary permissions from their company to participate and to provide the information required for the Application and to submit it.
3. WHO CANNOT PARTICIPATE:
The following are not eligible to participate in the Slam:
a) A Health Care Provider “HCP” * or a Government Official “GO” **
b) Those at present receiving funding from Johnson & Johnson Innovation and/or its affiliates for (i) the purpose of either carrying out investigator-initiated projects or for (ii) the purpose of carrying out sponsored research in collaboration with and/or on behalf of JJI and/or its affiliates
*“Health Care Provider” or “HCP” means: All physicians; and Any other individual, institution or entity with the ability to prescribe, acquire or influence the prescription or acquisition of the Johnson & Johnson products or services at issue, and either of the following: The products at issue are regulated or registered as medicinal products or devices (or their equivalents) in the applicable country; or The products or services at issue are subject to reimbursement by government or third parties; or, are offered for sale with products or services subject to such reimbursement. Examples of HCPs -- depending on the nature of the products or services at issue -- may include, but are not limited to, doctors, nurses, physician assistants, pharmacists, other para-medical staff, members of product formulary committees, health economists, key opinion leaders including scientists and/or PhD’s, clinical investigators and researchers, administrative and management employees of private and public hospitals, HCPs-in-training and medical societies.
**“Government Official or “GO” means any official or employee of a government agency or instrumentality of the government including but is not limited to a political party, party official or candidate, or public international organizations. It also includes individuals representing himself or herself as a GO, for example, a customs official, inspector, auditor, investigator, elected official, or employee of a government ministry or agency. Note that this definition includes agents or employees of some non-governmental (NGO) organizations where those organizations perform quasi-governmental services such as distribution of drugs and medical devices or delivery of health care services, an individual who is an agent or consultant to a government agency, or provides a primary business address at a government facility, uses a military title or rank, supplies an email address associated with a government entity or is otherwise known or believed to be a government employee. Health Ministries and government-owned hospitals often employ HCPs who may be GOs under local law. A private HCP that provides consulting services or otherwise acts as an agent of the government, shall be deemed to Government Officials.
4. SUBMISSION OF AN APPLICATION:
(a) By submitting an Application, the Applicant warrants that:
(i) all information provided as part of the Application is truthful and accurate
(ii) all information contained in the Application is original to the Applicant or the Applicant has secured all rights to include such information in the Application;
(iii) no information contained in the Application is or can be deemed confidential or proprietary, considered a trade secret or privileged;
(iv) neither the Applicant’s Application nor its use by EBD (or information contained thereon), in whole or in part, violates, misuses or infringes the right(s) (including intellectual property rights) of any third party;
(v) Your application to enter into the Slam does not in any way incentivize you and/or require you to prescribe and/or influence the prescription of any medicinal products or devices that are sold and/or marketed by the sponsors;
(vi) all activities of an Applicant’s business initiative are lawful;
(vii) the Application does not contain offensive or libellous material, is truthful and not misleading;
(viii) the Applicant has considered and complied with all contractual and/or confidentiality commitments that may be applicable to the Application, including compliance with (local) privacy laws and regulations, business privacy policies, data use policies, policies governing disclosure of company information, agreements with third parties, and any other company policies or commitments that may be applicable; and
(ix) the Applicant has submitted the Application in accordance with these Terms.
(b) The Applicant understands and agrees that:
(i) no confidential relationship is established or implied between the Applicant or EBD or the sponsor of the Slam and that all submissions are voluntary; and
(ii) In the event that EBD and/or the sponsors deem the Applicant is not eligible to participate in the Slam, EBD shall be entitled to exclude the Applicant from the Slam.
(c) Each Applicant understands and acknowledges, to the extent permitted by law, that:
(i) Johnson & Johnson Innovation (“JJI”) and its affiliates in the Johnson & Johnson Family of Companies have wide access to ideas, designs, protocols, methodologies and other materials (collectively, “Ideas”), and those new Ideas are constantly being submitted to it or being developed by its own employees;
(ii) many Ideas may be competitive with, similar to, or identical to content in the Applications of other applicants in concept, approach, format, or other respects; and
(iii) Applicant will not be entitled to any compensation as a result of JJI's development or use of any such similar or identical material that has or may come to JJI, or any of them, from other sources.
(d) Except where prohibited by law, each Applicant acknowledges and agrees that EBD and the sponsors and/or its affiliates do not now and shall not have in the future any duty or liability to the Applicant whether direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Applicant’s copyright, patent or other intellectual property right in and to the submission forming part of the Application.
(e) To the extent permitted by law, each Applicant acknowledges that, with respect to any claim by Applicant relating to or arising out of any of the sponsors and/or its affiliates do actual or alleged exploitation or use of any Application or other material submitted in connection with the Slam, the damage, if any, thereby caused to the applicable Applicant will not be irreparable or otherwise sufficient to entitle such Applicant to seek any injunctive or other equitable relief or in any way enjoin, otherwise interfere with, delay, or interrupt the production, distribution, exhibition, or other exploitation of any production based on, or allegedly based on, the Application, and, to extent permitted by applicable law, Applicant’s rights and remedies in any such event shall be strictly limited to the right to recover out-of-pocket costs associated with entering the Slam, if any, in an action at law.
Your personal information will not be shared with 3rd parties by the sponsor nor will it be used for marketing purposes.
6. APPLICANT SCREENING AND SELECTION:
(a) Initial Application Review: Applications submitted for the Slam may be transmitted globally in order for applications to be reviewed by representatives of the sponsors.
(b) Applications received during the Slam Period will be reviewed for eligibility.
(c) Applications will be judged based on the following criteria, weighed equally:
· Fulfilling the eligibility criteria as set out in paragraph 2;
· Degree of scientific innovation; and
· Potential to deliver an innovative product/device/solution.
(d) Presentations: A select number of Applicants will be invited to present their innovation (“Selected Applicants”) on 6th November 2018 at Bio-Europe.
(e) Selected applicants will be offered complimentary registration by EBD to BIO-Europe 2018 on the agreement that they will present the scientific content of their Application in person at the event. If the company is not able to present or pitch in person, the complimentary registration will be rescinded and such Applicants shall no longer be deemed to be Selected Applicants.
(f) All details of the presentations will be provided to Selected Applicants at time of notification, including, without limitation, date and time of presentation and any guidelines with respect to what must be presented and how. No part of the presentation should contain information that is or could be deemed confidential or proprietary, considered a trade secret or privileged.
(g) The winning entrant (“Award Recipient”) will be determined by a panel which would include members from the sponsors. In addition, the audience attending the live presentation by the Applicants at Bio Europe 2018 will also determine their preferred candidate Applicant (“The Audience’s Choice”).
(h) EBD and the sponsors reserve the right to not provide the Award if it does not receive a sufficient number of eligible and qualified Applications.
(i) Decisions of jury are final and binding in all matters. The Award Recipient will be announced on 6th November 2018.
(a) The Award Recipient will be eligible to receive any or all of the following:
(i) PR recognition as the winner of the Slam;
(ii) Complimentary registration to a future EBD event; and
(iii) The Award Recipient may elect to access without charge, up to 8 hours mentoring from selected Johnson & Johnson employees
(b) The Award to the Award Recipient may not be substituted, assigned or transferred, however EBD reserves the right, at its sole discretion, to substitute an Award (or portion thereof) with one of comparable value.
(c) The Award Recipient shall not use the Award for any purpose other than to fund the project and/or idea that is the subject of the Application submitted by the Award Recipient.
(d) Award Recipients are responsible for all applicable federal, state, provincial and local taxes, if any, as well as any other costs and expenses associated with Award acceptance and use even if not specified herein or in the Slam Announcement.
(e) The Applicant selected as the Audience’s Choice will be eligible to receive PR recognition as the recipient of The Audience Choice.
8. PUBLICITY GRANT:
By accepting an Award, the Award Recipient (i) represents that all information provided as part of the Application is truthful and accurate, (ii) agrees to its use by EBD and the Sponsors, and their respective affiliates and designees of the Applicant’s name, company name, trademarks and logos, city and province/state of residence, images and/or likenesses for advertising and publicity purposes, in any manner, in any and all media, now or hereafter known, worldwide in perpetuity, without compensation (unless prohibited by law) or additional consents and without prior notice, approval or inspection, and (iii) agrees to execute specific consent to such use if asked to do so.
9. GENERAL CONDITIONS:
(a) To the extent permitted by law, EBD and the sponsors are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled Applications; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Slam or the Application process, including, without limitation, errors or difficulties which may occur in connection with the administration of the Application process or in any Application and Slam-related materials.
(b) EBD and the sponsor are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Application process or the Slam.
10. CHOICE OF LAW:
(a) The Slam and these Terms will be governed by English law and the Applicants submit to the exclusive jurisdiction of the English courts.
(b) Applicant agrees, to the extent permitted by law, that: (1) any and all disputes, claims and causes of action arising out of or connected with the Slam or any award provided shall be resolved individually, without resort to any form of class action, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event will the Applicant be entitled to obtain attorneys' fees or other legal costs; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) Applicant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.