The Novartis Innovation Prize:
Assistive Tech for MS
Terms and Conditions of the Competition
The participation in the competition “The Novartis Innovation Prize: Assistive Tech for MS” is subject to the acceptance of the following terms and conditions (the “Terms and Conditions”).
Organizer, object and timing
The competition called “The Novartis Innovation Prize: Assistive Tech for MS” (the “Competition”) is being conducted by Novartis Pharma AG, registered in Switzerland and located at Lichtstrasse 35, CH-4056 Basel, Switzerland (hereinafter “Novartis”), through the website www.wired.com/msinnovationprize (the “Website”), hosted by Advance Magazine Publishers Inc., conducting business as Condé Nast (“Condé Nast”).
There is an unmet need when it comes to addressing mobility and accessibility for those living with multiple sclerosis (“MS”). The Competition identifies and embraces technology that aims to improve the mobility and activities of daily life for these individuals. This includes, but is not limited to, any technology which supports the ability to improve functionality for everyday tasks such as dressing or cooking; to improve the ability to move over distance; to provide emotional support or comfort; to facilitate communication or ease cognitive impairment caused by MS. Novartis believes in this community and wants to stimulate innovation and encourage new technologies that can address some of the challenges faced by those living with MS. The Terms and Conditions govern the process of the Competition and the award of the Prizes to the Winners (capitalized terms as defined below).
Participants can take part in the Competition from 22:00 Eastern Time (“ET”) on 20th November, 2019, until 17:00 ET on January 17, 2020, both inclusive.
Any question Participants may have regarding the Competition or these Terms and Conditions should be directed to EdelmanMSPrizeTeam@edelman.com.
Conditions to participate in the Competition
Subject to the conditions specified herein, Participants who enter this Competition can be either individuals or legal entities (the “Participant(s)”). Individuals must be over 18 years old and legal entities must be duly incorporated under the applicable laws of their respective country.
Country of residence can be anywhere in the world, except where participation is prohibited by local law. Due to United States trade sanctions, Participants from any of the following countries or territories will be ineligible to participate in the Competition: Crimea, Cuba, Iran, Syria and North Korea. Participants must enter the competition by completing all elements requested in the form hosted on https://www.wired.com/msinnovationprize in the English language.
Individuals cannot enter this Competition as a Participant if they are:
|(i)||an employee (or a first-degree relative of an employee) of Novartis or any of its affiliates.|
|(ii)||an employee (or a first-degree relative of an employee) of the companies, publicity agencies or promotion agencies involved in this Competition, or an employee of any of their affiliates.|
|(iii)||involved (or are a first-degree relative of anyone involved) in the selection of the Finalists and Winners (as defined below).|
|(iv)||a Healthcare Professional (“HCP”): Any member, student, or researcher of the medical, dental, optometry, optician, pharmacy, or nursing profession or any other person, social workers, clinical psychologists, formulary committee members, and pharmacy & therapeutics (P&T) committee members who, in the course of his or her professional activities, provides medical services and may prescribe, order, dispense, recommend, purchase, supply, administer, lease, or use pharmaceutical products and/or medical technologies, and all members of their office staff.|
|(v)||public officials in accordance with the applicable laws and regulations.|
|(vi)||not fully owning the Proposal presented and/or do not have the right to use intellectual property rights that may be associated with the Proposal.|
|(vii)||not able or available to travel to or to enter the United States of America in March 2020.|
Legal entities cannot enter this Competition as a Participant if they are:
|(i)||under the Control of Novartis, any of its affiliates or an employee (or a first-degree relative of an employee) of Novartis. “Control” for the purpose of this section shall mean the direct or indirect ownership of more than fifty percent of the equity interest in such corporation or business entity, or the ability in fact to control the management decisions of such corporation or business entity.|
|(ii)||under the Control of the companies, publicity agencies or promotion agencies involved in this Competition, or any of their affiliates.|
|(iii)||under the Control of anyone involved (or a first-degree relative of anyone involved) in the selection of the Competition Finalists and Winners (as defined below).|
|(iv)||a Healthcare Organization (“HCO”): Any legal entity (such as a company, partnership, or healthcare institution), whether public or private, that offer/provide medical services to patients and may prescribe, order, dispense, recommend, purchase, supply, administer, lease, and use Novartis products, and all members of their office staff, and medical associations or organizations.|
|(v)||under the Control of any individual or entities excluded per the exclusion criteria stated above or several such individuals or entities together.|
|(vi)||not fully owning the Proposal and/or the right to use the intellectual property rights that may be associated with the Proposal.|
|(vii)||not able to send a representative to travel to or to enter the United States of America in March 2020.|
Participant agrees to be subject to a background check as part of the selection process described below. Such background checks will be conducted to ensure Participant is not engaged in illegal activity or any activity that would cause reputational harm to Novartis or any of its affiliates.
Novartis reserves the right to exclude, at any time during the Competition, and in its sole discretion, any Participant who is not in compliance with these Terms and Conditions and/or any applicable laws and guidelines. Novartis shall be entitled to request from the Participant and, particularly, from the Finalists and Winners (both as defined below), any information and documentation needed in order to verify compliance with the Terms and Conditions.
How to participate in this competition
Participant must complete a form hosted on https://www.wired.com/msinnovationprize with information about (i) the Participant(s), (ii) the healthcare access challenge they seek to address, and (iii) a description of their proposal to tackle the identified healthcare access challenge (the “Proposal”). This complete submission, including (i), (ii) and (iii), shall hereinafter be referred to collectively as “Submission”.
Participant also has the opportunity to upload media such as an image, video or .pdf file that represents the Participant’s Proposal (the “Picture(s)”), which can be used for promotional purposes throughout and at the conclusion of the competition. By accepting these Terms & Conditions, Participant authorizes Novartis and its affiliates to publicly use their Proposal information and Pictures free of charge in any media which may include, among others, Internet and Social Media activities, including internal and external channels (e.g., Twitter, Facebook, Instagram, etc.), webpages, printed magazines, etc., for any purpose related to the Competition.
A Participant cannot enter the Competition more than once. If a Participant submits more than one Proposal, only the first Proposal will be considered for the Competition. Participants may withdraw from the Competition at any time by e-mailing EdelmanMSPrizeTeam@edelman.com.
The Participant must respect the following rules regarding their Submission and participation in the Competition:
|(i)||The Participant will not post or share any comments violating the Terms and Conditions of the Competition or any law or regulation, or comments which induce such violation (in particular, any regulation protecting the honor, privacy, image, personal data and/or intellectual or industrial property rights);|
|(ii)||the Participant will not reveal or disclose any confidential or personal information of third parties or of minors;|
|(iii)||the Participant will not include anything illegal within their Proposal;|
|(iv)||the Participant will not provide information based on rumors or speculations instead of proved facts;|
|(v)||the Participant will not impersonate the identity of third parties or manifest opinions on behalf of third parties without due authorization;|
|(vi)||the Participant will not include texts, graphics, audiovisuals, logos, links or materials of any kind owned by third parties without due authorization.|
Participant is responsible for the information, opinions, and Pictures they submit in their Proposal and information they post online. Participant agrees to indemnify and hold harmless Novartis, its affiliates and any third parties from and against any loss, damages, liabilities, reasonable costs incurred in connection with any claim or proceeding arising from Participant’s actions, comments, and/or breach of these Terms and Conditions and which might be associated with the Competition and/or Novartis and its affiliates.
Participant must be available to attend the SXSW conference in Austin, Texas, USA between March 13-16, 2020 (“SXSW”).
Use of the Website
Participant expressly acknowledges and agrees that Participant’s use of the Website is Participant’s sole and exclusive responsibility and must be in compliance with any terms and conditions Condé Nast provides.
By using the Website, Participant agrees not to engage in any conduct that might breach the law and/or the Terms and Conditions of the Competition, or damage the image, interests and rights of Novartis, its affiliates or third parties.
Novartis or its affiliates will not be held liable for any (i) interferences, omissions, interruptions, viruses, telephone failures or disconnections in the operative functioning of the electronic system; or (ii) delays or blockings in the operative functioning of the electronic system caused by deficiencies or overload of the telephone lines or in the internet, as well as damaged caused by third parties; which could be derived from causes external to Novartis and its affiliates.
Selection of the Winners of the Competition
The selection of the Winners will be conducted in four phases as follows:
In phase one, all Proposals will reviewed by Novartis representatives, filtering out any Proposals which are incomplete, do not comply with these Terms & Conditions or fit within the exclusion criteria set forth herein.
In phase two, Novartis representatives together with individuals with personal experience of disability will narrow down the eligible Participants to those best matching the purpose of the Competition.
In phase three, a judging panel comprised of individuals with personal experience of MS, disability, and technical expertise, will conduct conference calls guided by a chairing member of the panel and create a ranking according to previously defined judging criteria, and shortlist the Proposals to the top ten (10) Participants (the “Finalist(s)”).
All Finalists may be subject to a background check, ensuring the Participants are not engaged in illegal activity or any activity that would harm the reputation of Novartis and its affiliates.
In phase four, a different judging panel comprised of individuals with personal experience of MS, disability, and technical expertise and guided by a chairing member will decide, in a two-day in-person meeting, on the two winners of the Competition (the “Winner(s)”) using the previously defined judging criteria.
The Winners will be notified and one (1) person per Winner will be invited to attend the prize unveiling event, to be hosted by Novartis at SXSW. The event will include a panel discussion, during which both Winners will have an opportunity to present their Proposals.
No recourse is available for those Participants whose Proposal is not shortlisted or not chosen as the winning application. Novartis reserves the right, in its sole discretion, not to select any Winners if Novartis and/or the judging panel find that no Submission meets the judging criteria. The judging panel’s decision is final and Participants shall not have any legal recourse whatsoever on the process described above or on the final decision.
Participants will be invited to share the news of their participation in the Competition through their social media profiles. However, sharing on social media that they have participated in this Competition does not increase a Participant’s chances of becoming a Finalist or a Winner.
Publication of the list of Finalists and the Winners
The list of Finalists will be published in February 2020 on www.wired.com/msinnovationprize and on Novartis’ social media channels. The Winners will be announced in March 2020 during a prize unveiling event and panel discussion amongst experts in the field at SXSW, on www.wired.com/msinnovationprize, on www.novartis.com and on Novartis’ social media channels.
Novartis will be covering reasonable travel and accommodation for one person as a representative of each Winner to attend the prize unveiling event Novartis will hold at SXSW.
The first-place Winner will be awarded up to USD 250,000 (two hundred and fifty thousand US Dollars), which shall be entirely used to implement their Proposal within up to two years from March 31, 2020 (the “First Prize”).
The second-place Winner will be awarded up to USD 50,000 (fifty thousand US Dollars), which shall be entirely used to implement their Proposal within up to two years from March 31, 2020 (the “Second Prize”).
Payment of the First Prize and Second Prize (collectively the “Prize(s)”) will be made by Novartis in accordance with the conditions stated in the below section “Delivery of the Prize”.
Under no circumstances will the Prizes be subject to exchange, alteration or reimbursement. The Winners will be entitled to the exclusive Prize obtained as such, without the possibility to, in any case, apply for economic reimbursement in case they choose to give up the Prizes, or to endorse the Prizes to third parties. Novartis and affiliates will be exempt from any obligation or compensation to the Participants if due to force majeure, legal imperative, or any other cause not attributable to Novartis, the Competition were suspended, or partially or totally cancelled. Any suspension or cancellation would be duly communicated to the Winners affected by such suspension or cancellation.
Delivery of the Prize
Once the Winners have been selected, Novartis will contact them in writing or by phone in order to arrange the provision of the necessary data and to enter into an agreement to receive the Prize. Novartis will develop a plan in collaboration with each Winner, determining the milestones at which each installment of the Prize shall be paid out and defining the further collaboration between Novartis and the Winner (“Plan”), based on each Winner’s Proposal and its status of development. The Prizes will be paid out over the course of, at a maximum, two (2) years after the execution of the agreement with each Winner. The Winners will be required to send periodic written updates to Novartis on their use of the Prize. If the use of the Prize is not in line with the previously agreed-upon Plan or properly accounted for, the Participant may be asked to return the Prize to Novartis. If a Winner fails to meet the determined milestones according to the Plan, Novartis may decide, at its sole discretion, not to pay the Prize’s outstanding milestone payments.
It is the responsibility of the Winners to have all the necessary documentation and to fulfill all requirements set forth herein to be able to collect and use their respective Prize. Winners are solely responsible for any taxes that may apply to the Prizes, as required by applicable law. Prize amounts are exclusive of any taxes that may be applicable.
If within 15 (fifteen) days of being contacted by Novartis, one or both of the Winners fail(s) to provide Novartis with their necessary data or expressly waive(s) the award, the Winners will hereby be considered to have waived the Prize and Novartis will contact the next-ranked Finalist (or Finalists) in writing or by phone. The next-ranked Finalist (or Finalists) will then be asked to provide the necessary data and to enter into an agreement in order to receive the Prize.
Intellectual and industrial property rights
Participation in this Competition does not grant the Participant any right of any nature, including but not limited to the intellectual and industrial property of the Website. The Participant shall refrain from obtaining, or trying to obtain any intellectual or industrial rights associated with the Website, or using the Website by means or procedures different from those provided to such effect. The Participant shall at all times respect all the intellectual and industrial rights of the Website.
Participant represents and warrants that he/she owns or has the right to use any and all information, including the Picture, any visual asset, the Proposal, data, methods and any intellectual property rights which it uses to participate in the Competition and develop the Proposal. Participant represents and warrants that he/she is aware of the publication of the Proposal as set out as set forth herein.
Novartis does not, unless it is agreed in writing with Participant, claim any rights of ownership in the Proposal or any intellectual property rights covering the Proposal. As such, Participant retains ownership and copyright on the Proposal, although Novartis and its affiliates are entitled to publish and use the Proposal as set out in these Terms and Conditions.
Authorization for the use of image rights
By participating in the Competition, Participant expressly consents for their image to be used externally in any manner.
Participant hereby grants a perpetual, worldwide, sublicensable license to Novartis and its affiliates to disclose the identity of the Finalists, publish their respective Proposal and use their images in any media which may include, among others, Internet and Social Media activities, including internal and external channels (e.g., Twitter, Facebook, Instagram, etc.), webpages, printed magazines, etc., for any purpose related with the Competition. Any such use or publication will be made with no compensation to Participant.
Participant hereby warrants to Novartis that the person or persons whose image is shown in the Picture have provided their unequivocal and express consent for the capture of their image, as well as its public reproduction and broadcasting. In case the person appearing in the Picture is a minor, the Participant guarantees that he or she has obtained the appropriate express and unequivocal consent for the collection and public reproduction and broadcasting of the image from the parents or legal guardians of the minor.
Novartis, as the data controller, will collect, process and retain Participant’s personal data which they have provided via the Website, for the sole purpose of running the Competition. Personal data will be kept as long as needed for the purposes of running the Competition and complying with legal or regulatory requirements.
Participant may contact Novartis by email to firstname.lastname@example.org for questions relating to the use of their data or if they wish to exercise their privacy rights. They may request access to their personal data as processed by Novartis, withdraw their consent at any time or ask for correction or deletion of their personal data.
The rights and obligations of Novartis under these Terms and Conditions may be assigned by Novartis to its affiliates or third parties without the consent of the Participant.
Acceptance of Terms and Conditions
By participating in the Competition, Participant agrees to be bound by these Terms and Conditions, as well as by Novartis’ interpretation of these Terms and Conditions. For anything not regulated by these Terms and Conditions, the Competition will be subject to applicable laws and regulations current at the time of the Competition.
Novartis or affiliates will not be liable for any events of any kind (e.g., interruption or loss of internet connection at the moment of the participation) which might be caused by a breakdown of the IT systems due to force majeure); or any incidences with origin in force majeure events derived from causes such as a breakdown of the telephone, IT, electricity, or postal networks, or provoked by natural external agents (atmospheric, climate-related, etc.), or by a deficient functioning of the companies providing such services.
Novartis or affiliates will not be held liable for any mistakes, incidents or damages that might arise during this Competition and that are attributable to third parties managing it.
Novartis or affiliates will not be held liable for any losses, damage, thefts, delays or any other circumstance attributable to third parties which could affect the running of this Competition, including the enjoyment of the Prizes.
This Amendment shall be construed by and enforced in accordance with the laws of Switzerland, without regard to its principles of conflicts of laws. Legal recourse against Novartis and its affiliates for any matter related to this Competition is excluded.
Novartis reserves its right to modify, if necessary, the Terms and Conditions of the Competition. Any delay or cancellation of this Competition caused by force majeure will be announced on the Website and Participants are encouraged to consult the Website after participating.