HATCHATHON™ PARTICIPANT TERMS AND CONDITIONS
1.1. These terms and conditions (T&Cs) apply to your application to participate, and any participation in, the HaTCHathon™ event (HaTCHathon), promoted by Janssen-Cilag Pty Ltd and Johnson & Johnson Medical Pty Ltd, being members of the Johnson & Johnson Family of Companies in Australia (together, the Promoter or we).
1.2. Any reference to ‘you’ (and ‘your’ and ‘yours’) means the person who is applying to participate, or is participating in HaTCHathon. Where you are participating in a team, any reference to ‘you’ and ‘your’ and ‘yours’ means each team member jointly and severally and each team member must agree to these T&Cs.
1.3. By lodging an application form (available at https://hatchathon.com.au (Website) to participate in the HaTCHathon, you confirm that you have read and agree to be bound by these T&Cs. If you do not agree to these T&Cs, you may not apply to, or participate in, the HaTCHathon.
1.4. Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
2. Application to participate in the HaTCHathon
2.1. You can apply to participate in the HaTCHathon if you:
2.1.1. enter as an individual (you may not enter as part of a company, university, or any other entity);
2.1.2. are 18 years or older;
2.1.3. are an Australian resident;
2.1.4. are not an employee or contractor of the Promoter or its related bodies corporate (as that term is defined in the Corporations Act 2001(Cth) (Related Entities)) or any of the agencies associated with HaTCHathon, and are not a spouse, defacto spouse, parent, child, or sibling (whether natural or by adoption) of such an employee or contractor;
2.1.5. do not have a known conflict of interest with the Promoter or its Related Entities; and
2.1.6. pay the entry fee of $10, which will be donated to a charity of the Promoter’s choice (unless refunded), and less any non-refundable processing fees.
2.2. To apply, you must complete the application in clause 1.3 before we announce on our Website that applications have closed. You can apply to participate in HaTCHathon either as an individual or as a member of a team (by either requesting that you be placed in a team by reference to the team name you nominated or by requesting to be placed in a random team. Teams will be formed upon arrival at the event). All individual team members must separately apply to participate. The Promoter will only consider application forms that are properly completed and no late application forms will be accepted. Your registration is personal to you and is not transferrable to any third party.
2.3. Each entrant is responsible for the entry they submit and for paying any costs or expenses associated with the HaTCHathon, including any costs or expenses incurred prior to, at or after the event, including, but not limited to, travel to and from the event, and accommodation in Sydney.
2.4. The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, votes or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. You agree that the application form becomes the property of the Promoter and will not be returned to you.
2.5. The number of entrants to HaTCHathon is limited at the Promoter’s discretion (Participant Quota), and your application, once acknowledged, is still subject to acceptance by the Promoter in its sole discretion. If for any reason we do not accept your application, we will let you know as soon as is practicable and will arrange to refund your entry fee of $10.00 (less any non-refundable processing fees).
2.6. If your application is accepted, we will notify you by email and provide you with a ‘Hatchpack’ containing further information regarding the HaTCHathon and the themes and challenges that you may choose to address at the HaTCHathon, and use to prepare your minimum viable product (MVP).
2.7. If the Participant Quota is full, we will place your details on a ‘wait list’ and will advise you if additional space becomes available.
3. The HaTCHathon
The HaTCHathon will be held at Billy Blue Design College, located at 46-52 Mountain St, Ultimo, NSW 2009, between 9 and 11 September 2016. The date and location for the HaTCHathon is subject to change in the Promoter’s sole discretion. The date and location for the HaTCHathon is subject to change in the Promoter’s sole discretion. On arrival at the event on 9 September 2016, we will at our discretion, allocate you to a team as follows:
(a) if you request to be allocated to a team, we will, to the extent that it is possible to do so, place you in a team comprising any participants nominated by you at the event; or
(b) if you request to be placed in a team without nominating other participants, we will place you in a random team.
3.1. By participating in the HaTCHathon, you agree that you have read and understand these T&Cs, that you are entering into a binding agreement with the Promoter, and warrant that, insofar as is applicable to your participation, either as an individual or as a member of a team:
3.1.1. your MVP is an original idea and is not copied from a third party and does not contain any confidential information of a third party;
3.1.2. you will hold your idea and MVP as confidential and not use it or disclose it unless the Promoter has notified you in accordance with clauses 6.3 and 6.4 below;
3.1.3. you own all of the intellectual property rights in the MVP that you submit and, if submitted as a member of the team, you own the intellectual property rights jointly pursuant to clause 7.1.2;
3.1.4. your MVP and idea must have been developed by you completely and independently of any employment or role as a student; and
3.1.5. you have not submitted your idea to any other competition, assessment process or any other process or program that may make your idea available to third party for use in any way.
3.2. You acknowledge that we own our know how and confidential information. You agree to sign a Non-Disclosure Agreement prior to participating in the HaTCHathon. You agree to be respectful in all communications with all persons you interact with as part of the HaTCHathon, act honestly and in good faith and respect the rights, beliefs and values of others at the HaTCHathon. If the Promoter considers your behaviour at the HaTCHathon to be in inappropriate, for any reason in its sole discretion, the Promoter may disqualify you and, at the Promoter’s discretion pursuant to clause 7.1.3, your team from the HaTCHathon and ask you to leave.
4. Your MVP
4.1. Your MVP may comprise a built prototype product, or in exceptional circumstances, a MVP specification, including design and creative elements, that meets the guidelines specified in the HatchPack. You must demonstrate your MVP to the judges and any other participants on 11 September 2016. Your demonstration can last no longer than 10 minutes in total. Presentations will receive an audible warning at the 3 and 5 minute marks, and it is expected that most presentations will conclude at the 5 minute mark, allowing for question time. If you exceed the 5 minute presentation time you will forfeit time for engagement with judges. Each participant and team can only demonstrate one MVP. If you are part of a team, you may not demonstrate an MVP as an individual.
4.2. You acknowledge and agree that the HaTCHathon is an open innovation event and that by entering the HaTCHathon, you will be required to discuss and demonstrate your MVP in front of the judges, other HaTCHathon participants, public, staff at the event and any other attendees.
4.3. Your presentation must include a:
4.3.1. demonstration version of your MVP; and
4.3.2. short description and sample screen capture of your MVP to be submitted prior to the demonstration period. This can be submitted to event organisers via email or on a USB drive in accordance with the instructions provided to you at the HaTCHathon.
4.4. You can only present your MVP if:
4.4.1. you created the entry yourself, or if in a team, you have created the entry only in conjunction with the other team members;
4.4.2. you are entitled to reproduce and exploit all of the underlying works and intellectual property in the entry;
4.4.3. the MVP is not comprised of material that is copyrighted, protected by trade secret or otherwise subject to third party rights unless you are the owner of those rights;
4.4.4. you submit material that is not unlawful, obscene, defamatory, derogatory, threatening, pornographic, sexually inappropriate, violent, abusive, harassing, hateful, racially, religiously or ethnically offensive, or encourages, evidences or indicates conduct that would be considered a criminal offence, gives rise to civil liability, or violates any law;
4.4.5. the MVP does not contain viruses or cause injury or harm to any person or entity; and
4.4.6. any rights to use the MVP by the Promoter would not be inconsistent to any rights granted to any other party.
5. Judging and prizes
5.1. You acknowledge that this competition is a game of skill and that chance plays no part in determining the winners. The judges’ decision is final and no correspondence will be entered into. No appeals will be considered.
5.2. Your MVP will be judged according to the criteria provided to you in the HatchPack.
5.3. The individual or team deemed by judges to be the winning entry (in their sole discretion) will be awarded AUD$8000.00. The individual or team deemed by judges to be the runner-up (in their sole discretion) will be awarded AUD$2000.00. Monetary awards will be awarded as a lump sum. It is the responsibility of a team to divide any prize money among team members as appropriate.
5.4. Prizes are not transferable or exchangeable. In the event of a prize not being accepted or claimed, or due to a conflict of interest, or where the winning MVP is deemed not to comply with these T&Cs, the judges may (in their sole discretion) select an alternate winner. The judges’ decision will be final.
6. Intellectual property
6.1. You acknowledge and agree that, subject to clauses 3.2.3 and 3.3, all participants retain all ownership of intellectual property in their MVPs.
6.2. By entering the HaTCHathon, you agree to give the Promoter at its option the exclusive first right to enter into good faith commercial negotiations with you and, where applicable, your team to implement or commercialise your idea, including the possibility of:
6.2.1. acquiring the intellectual property rights in the MVP;
6.2.2. obtaining a perpetual licence to use, modify, develop, communicate and/or sub-licence any intellectual property rights in the MVP, on an exclusive basis; and
6.2.3. the provision of further services to support the commercial development of the MVP working with other developers appointed by the Promoter for that purpose, including the ideas and concepts contained in the MVP.
6.3. If you are awarded a prize as part of the HaTCHathon, unless otherwise advised by the Promoter in writing, you agree not to discuss or enter into an agreement with any other party (other than another member of your team) regarding your idea and MVP, that you will keep your idea and MVP confidential and only use your idea and MVP for the HaTCHathon. You agree to make yourself available to discuss your MVP and idea with the Promoter pursuant to clause 6.2.
6.4. If you are not awarded a prize as part of the HaTCHathon, for a period of six (6) weeks after the event or such earlier period agreed by us in writing, you agree not to discuss or enter into an agreement with any other party regarding your idea.
6.5. For the purposes of the above, if and when a commercial relationship is negotiated, you agree to sign any necessary documentation to confirm or give effect to any purchase, grant of licence, or services.
6.6. On request by the Promoter, you must show evidence that you (or jointly your team) own all of the intellectual property rights subsisting in your idea and MVP.
6.7. You acknowledge and agree that the Promoter or its Related Entities (or other participants, attendees or members of the public) may, without recourse to your idea or MVP, presently have and continue to develop programs relating to the subject matter of your idea or MVP, or may undertake in the future such development, or licence in, acquire or otherwise receive information on the same related subject matter from third parties, and as a result of such activities may develop and commercialize products relating to such subject matter independently or in cooperation with such third parties and you have no rights or interest in any such other projects. The submission or development of your idea or MVP does not in any way limit the Promoter or its Related Entities from developing any idea or project independently of the HaTCHathon, and you have no rights or interest in any such idea or project.
6.8. At no stage is the Promoter is required or obliged to use any MVP, for any purpose.
7.1. If you are participating as a team:
7.1.1. Each team is solely responsible for its membership, cooperation, and any dispute resolution. The Promoter and any persons connected with the HaTCHathon will not be responsible for any team disputes, including, without limitation, disputes between team members in connection with contribution, confidentiality, cooperation, distribution of prizes, intellectual property in or use or development of the MVP. Any winning teams are solely responsible for distributing any prize between all members;
7.1.2. All team members must be the joint owners of all of the intellectual property rights in the MVP in equal parts; and
7.1.3. The eligibility of a team is dependent upon the eligibility of each individual participant within a team. If a team member does not comply with these T&Cs or is disqualified, the Promoter reserves the right to disqualify the team and its MVP as a whole.
8. Validation of entries
8.1. The Promoter may, at any time prior to or at the HaTCHathon, verify the validity of entries, and in its sole discretion, disqualify all entries from, and prohibit further participation in this competition by, any person or team who manipulates or tampers with, or benefits from any manipulation of or tampering with, the entry process or the operation of the competition (including, but not limited to soliciting votes, disguising an IP address, using multiple email addresses or aliases to submit multiple entries for the same person, or other electronic account) or acts in violation of these conditions, acts in a dishonest or disruptive manner, acts with the intent to annoy, abuse, threaten or harass any other person, or acts in a way to jeopardise the fair operation of the competition. The Promoter’s decisions in relation to all aspects of the competition are final and no correspondence will be entered into.
9.1. You consent to the Promoter and its Related Entities using your name, image or likeness in promotional material in any medium worldwide. You agree to participate in all requested promotional activities (such as publicity and photography) surrounding the HaTCHathon, or the winning of any prize, free of charge.
9.2. You acknowledge and agree that the Promoter and its Related Entities (and each of their assignees and licensees) has the right for promotional purposes, in its absolute discretion, to, use, publish, broadcast and communicate to the public, the HaTCHathon, and your MVP, in any media including television and the internet, without any further consultation, reference, payment or any other compensation to the entrant.
9.3. You acknowledge and agree that the Promoter may take photographs or video of you as part of your participation in the HaTCHathon, and may use your name, biographical or occupational description, phrases regarding you (or incidents or anecdotes concerning you), portraits, pictures, likeness, or voice or any of all of them (Images), in a recording, videotape, television production or reproduction, sound track, film strip, still photograph. By participating in the HaTCHathon, you give your consent to the Promoter using such Images for any purpose and release the Promoter and its related entities from any liability to the extent resulting from the use, reproduction or distribution of the Images (either in their original or edited form).
10.1. The Promoter, its Related Entities and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, claim, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or the acceptance or use of any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the extent allowable by law).
10.2. These T&Cs shall be governed by and construed in accordance with the laws of New South Wales and you submit to the non-exclusive jurisdiction of the courts of New South Wales.
10.3. You agree that you will comply with any safety or operational policies or reasonable direction that the Promoter or its third party providers may give you, if you access their facilities or use their equipment in connection with the HaTCHathon.
10.4. You agree that your involvement in the HaTCHathon does not create an employment or agency relationship between you and the Promoter or any of its Related Entities.
12. Anti-Corruption Policy
12.1. You shall not perform any actions that are prohibited by local and other anti-corruption laws (collectively “Anti-Corruption Laws”) that may be applicable to you. Without limiting the foregoing, you shall not make any payments, or offer or transfer anything of value, to any government official or government employee, to any political party official or candidate for political office or to any other third party related to the transaction in a manner that would violate Anti-Corruption Laws.