New Orleans Health Innovators (NOLAHI) Challenge Program Official Rules
INTERNET ACCESS, A VALID EMAIL ADDRESS, AND A VALID PAYPAL ACCOUNT ARE REQUIRED. NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
AS MORE FULLY DESCRIBED BELOW, EACH FINALIST (DEFINED BELOW) MAY BE REQUIRED TO COMPLETE AND RETURN REQUIRED DOCUMENTS WITHIN 48 HOURS OR FINALIST MAY BE DISQUALIFIED IN SPONSOR’S (DEFINED BELOW) SOLE DISCRETION.
BY SUBMITTING AN APPLICATION (DEFINED BELOW), YOU AGREE TO THESE OFFICIAL RULES (DEFINED BELOW), WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE SUBMITTING AN APPLICATION. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR AND OTHERS FROM YOU, ARBITRATION, A CLASS-ACTION WAIVER, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
By submitting an application to the “NOLAHI Challenge” (“Program”) sponsored by MedStartr Inc. (“Sponsor”) you are agreeing to be bound by these legal terms (the “Official Rules”). MedStartr, Inc. (“Administrator”) is the official timekeeper and administrator for the Program. To participate in the NOLAHI Challenge, go to this page.
PROGRAM DATES:
“Program Period”: Nov. 16th, 2017 – Mar. 19th, 2018
Detail:
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Event
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Timing
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"Applications Period"
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Begins: Nov. 16th, 2017, at 12:00:00 a.m. Central Standard Time (“CST”)
Ends: Jan. 15th, 2018, at 11:59:59 p.m. Central Standard Time
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"Crowd Challenge Period"
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Begins: Dec. 1st, 2017, at 12:00:00 a.m. Central Standard Time (“CST”)
Ends: Feb. 21st, 2018, at 11:59:59 p.m. Central Standard Time
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Finalists Notified
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Feb 26th, 2018
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New Orleans Entrepreneur Week Challenge Finals Pitch
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Mar. ~20th, 2018 *date not finalized
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Winners Announced
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Mar. ~20th, 2018 *date not finalized
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ELIGIBILITY: The Program is open only to (a) validly-formed legal entities that are organized and have a principal place of business in 1 of the 50 United States or District of Columbia which have not declared or been declared in bankruptcy, and (b) individual legal residents (whether participating alone or as part of a Team (defined below)) of 1 of the 50 United States or District of Columbia who are 18 years old or older and the age of majority in his or her jurisdiction of residence as of their time of Application and who have not been convicted of a felony or crime of moral turpitude. Any natural person completing any portion of the Application process described in these Official Rules on behalf of an entity must be authorized to legally bind that organization. Employees, officers, directors, members, managers, agents and representatives of Sponsor, Administrator, NOLA Business Alliance, and each of their respective parent companies, affiliates, subsidiaries, divisions, assigns, and successors in interest, wholesalers, retailers, distributors, suppliers, advertising, local supporters, promotion and public-relations agencies and any other party participating in the development, design, administration, or fulfillment of this Program (hereafter collectively, “Released Parties”), and each such individual’s immediate family members (defined as spouse, biological, adoptive and step-parents, grandparents, children, grandchildren, siblings, and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related, are not eligible to participate or receive any Prizes. Participant (defined below) must not be under any legal or contractual obligation that would prohibit its participation in this Program as described in these Official Rules. If participating in this Program would result in a violation by Participant of any law applicable to it or any agreement to which it is a party, such Participant is ineligible. As a condition of participating, each Participant agrees to provide documentation or other proof of his/her/its eligibility as requested and within the timeframe requested in Sponsor’s sole discretion.
HOW TO PARTICIPATE: To participate in the Program, go to section of the MedStartr site site for this Program located at http://www.medstartr.com/pages/nolahichallenge (the “Application Website”), complete all areas of the official application form (“Application Form”) and submit your application (“Application”). Only one submission per company will be allowed across all categories and challenges at any time. Each Application must be in English and received during the Application Period set forth above. Submitting Applications early is strongly encouraged. Those who apply late during the Applications Period may have a shorter timeframe to participate in the Crowd Challenge (defined below), which could potentially lessen the Metrics (partially defined below) score and affect your chances of moving on to the Phase I judging. Each Application must follow the Application Requirements (as defined in the Warranties section below), represent a solution that is relevant in the following topic areas:
Access: Solutions that help those with medical issues get access to an appropriate healthcare provider or treatment.
Adherence: New technologies that improve adherence to a treatment plan or otherwise improve a person’s health.
Artificial Intelligence: The application of advanced algorithms and systems to assist in the improvement of care based upon computers and other computational systems.
BigData: Through the use, collection, or analysis of large amounts of information, ideas and solutions that represent progress in treatment, diagnostics, prevention, cost, access, and quality of care
BioTech: Advancement of medical innovations based upon biological technologies
Caregivers: Friends and family members can be instrumental in helping care and treat those that are ill. We seek ideas that help support caregivers and the important role they play and that empower patients to have productive conversations with their caregivers or other people that support them.
Diagnosis: Technologies (software, apps, wearables, kits, etc.) that can help people learn more, be healthier and get properly diagnosed.
Disease Specific Innovations: Ideas and solutions that help those suffering from major disease or chronic illness, particularly Cancer and Diabetes.
Hospital Innovations: Products and services that improve hospital based care
Information Technology: Innovations relating to the capture, management, storage, and communication of information
Interoperability: Solutions that help systems interact and share health data
Patient Treatment Progress: Solutions that help healthcare patients and providers better understand how their patients are progressing on their treatment and whether they are achieving their goals and performing the behaviors necessary to maximize success.
Patient-Doctor Communications: Technologies that empower patients to have more productive conversations with their doctors and other healthcare providers, helping them to accurately describe all of their symptoms they are experiencing and helping them to be successful on treatment.
Payer Solutions: Solutions that help insurance plans, government organizations, self-insured employers, or other payers improve care while driving quality and cost metrics up and down respectively
PharmaTech: Ideas that improve the experience for patients on medication, help patients and providers track medication adherence, improve step programs and formulary management,
Population Health: Solutions that help keep communities and populations healthier
Personalized Medicine: Ways that medicine, treatment, and prevention can be better applied based upon an individual’s specific genetic, phenotypic, developmental, or other personal data.
Clinnovations: Clinical Innovations of a biological, drug development, or similar non-digital health variety.
Other: Any solution that helps patients, caregivers, payers or institutions get, give, or manage better care.
Each Application also must include your contact information, company name, and description of the problem it is trying to solve, and the capabilities and functionality of the proposed solution according to the instructions posted on the Application Website.
To participate, all content and information requested in the fields marked with an asterisk (*) in the Application Form must be completed and any and all other content and information otherwise specified or requested by Sponsor must be provided. Each Application also should state, if applicable, whether you have already filed a patent application or received a patent on any part of what is described in your Application. You also are encouraged to answer a series of questions in the Application Form and submit diagrams or images in each section. All Participants must register with PayPal.com and provide a valid PayPal ID for receipt of funds raised during the Crowd Challenge.
You may enter individually or as a member of an eligible organization. Multiple individuals or entities may collaborate as a team (“Team”). There will be a place on the Application Form to list Team members, but a single individual must serve as an official representative for each Team (“Team Leader”). Multiple Applications from an individual and entity are allowed provided each Application is separate and distinct project. Each individual, entity or Team is referred to as a “Participant” in these Official Rules.
Employees associated with a challenge submitted by their employer are not eligible for participation in their employer’s challenge.
Once you submit an Application, you are prohibited from making any changes or alterations to it. No substitutions or new versions of an Application will be accepted under any circumstances once an Application is submitted for consideration.
INTELLECTUAL PROPERTY RIGHTS: Neither Sponsor nor Administrator make any claim to ownership of your Application or any ownership in intellectual property that it may contain. You are not Granting Sponsor or Administrator any rights to any patents or pending patent applications related to the technology and/or innovations described in your Application. By submitting an Application, you grant Sponsor and Administrator certain limited rights as set forth in these Official Rules.
You Grant to Sponsor and Administrator the right to review your Application and to have the Judges (as defined below) review your Application. You also grant Sponsor, Administrator and their respective assigns the right to post a reasonable amount of information describing your Application and any videos, diagrams or images that you may submit or prepare in connection with the Program, on the Program Crowdfunding Page (defined below) and you agree that visitors to the MedStartr.com website have the right to access that information in accordance with the Program Crowdfunding Page’s terms of use.
YOU AFFIRM THAT YOU UNDERSTAND THAT YOUR APPLICATION MAY GO LIVE TO THE PUBLIC AND UNDERSTAND THE IMPACT THIS MAY HAVE ON YOUR INTELLECTUAL PROPERTY PROTECTION STATUS IF NOT ADEQUATELY PROTECTED. NONE OF THE SPONSOR, ADMINISTRATOR OR RELEASED PARTIES ARE RESPONSIBLE FOR THE PROTECTION OF YOUR INTELLECTUAL PROPERTY.
Except where prohibited by law, by submitting an Application, you consent to the use by Sponsor, its affiliates, subsidiaries, parents, and licensees, and assignees thereof, of your name, trademark, likeness, persona, biographical data, images and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material, in the Sponsor’s sole discretion) in connection with the Program and Sponsor’s current and future Open Innovation Challenge initiatives, in any media or format now known or hereafter invented, in any and all locations worldwide, without any payment to, notice or further approval from you and you release Sponsor (and any Sponsor representative, agent, or licensee exercising any right granted to Sponsor hereunder) and Released Parties from any and all liability related to such authorized uses. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights Granted herein and each natural person granting publicity rights under this provision waives any right to inspect or approve any such use. You agree that this consent is perpetual and cannot be revoked. For uses beyond the consent that you Grant above, you agree that Sponsor’s use of your personal data collected through the Application Website and Program Crowdfunding Page will be governed by the Administrator’s Privacy Policy located at: http://www.medstartr.com/pages/privacy-policy.
You agree that nothing in these Official Rules grants you a right or license to use the Sponsor’s name or any Sponsor trademarks or service marks or those of NOLA Business Alliance.
CONFIDENTIAL INFORMATION: None of the Sponsor, Administrator or NOLA Business Alliance wish to receive or hold any submitted materials “in confidence” and accordingly it is agreed that, with respect to your Application, no confidential relationship or obligation of secrecy are established between the such parties and you, the company you represent when submitting an Application, or the owner of any part of your Application.
WARRANTIES: By participating in the Program and submitting an Application, you represent and warrant that all information you enter on the Application Website and Program Crowdfunding Page is true and complete to the best of your knowledge, that you have the right and authority to submit an Application on your own behalf or on behalf of the entity or Team that you specify within the Application, and that your Application conforms with the following requirements (“Application Requirements”):
(a) is your own original work, or is used by permission with full and proper credit given within your Application; modification of an existing work does not qualify as different or original;
(b) does not contain confidential information or trade secrets (yours or anyone else’s);
(c) does not violate or infringe upon the patent rights, industrial design rights, copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity (living or deceased);
(d) does not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
(e) does not, will not, and will not encourage others to violate any applicable law, statute, ordinance, rule or regulation;
(f) does not trigger any reporting or royalty obligation to any third party;
(g) is in English;
(h) does not include information or content that is false, fraudulent, deceptive, or misleading;
(i) does not include trademarks, logos, packaging or copyrighted material not owned by you or used without permission (such as third-party packaging or company names or brand names);
(j) does not create or imply any improper association between Sponsor and any individual, entity, or anyone else or his, her, or its products or services;
(k) does not suggest, depict, or describe any inappropriate or unlawful behavior or use of Sponsor’s or any other products or services;
(l) does not disparage any person or party, including Sponsor, Administrator, or anyone affiliated with the Program and administration of this Program;
(m) does not contain text that is inappropriate, indecent, obscene, hateful, tortious, defamatory, threatening, disparaging, unlawfully harassing, slanderous or libelous, as determined solely by Sponsor and/or the Judges;
(n) does not contain content that is sexually explicit or suggestive, derogatory, profane, inappropriate or pornographic, promotes alcohol, contains alcoholic beverages, promotes illicit drugs, or promotes any activities that may appear unsafe or dangerous, as determined solely by Sponsor and/or the Judges;
(o) must be suitable for presentation in a public forum;
(p) does not promote any particular political agenda or message (other than patient empowerment) or endorse any form of hate or hate group;
(q) does not communicate messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate;
(r) does not contain personally identifiable information about you or any other person, such as last name, address, phone number or any contact information (except for your personal information you are required to provide in the Application form for Application in accordance with these Official Rules);
(s) You agree that your participation in the Program and agreement to these Official Rules and Sponsor’s display and use of your Application will not violate any agreement to which you are a signatory or party; and
(t) You agree to release, indemnify and hold harmless the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Application in accordance with the rights granted the Released Parties in these Official Rules.
By participating in or attempting to participate in the Program, you agree that your Application conforms to the Application Requirements and that Sponsor, in its sole discretion, may disqualify any Application from the Program if it believes, in its sole discretion, that the Application fails to conform to the Application Requirements in any way. Sponsor reserves the right, in its sole discretion, to disqualify an Application along with those who submitted it, and/or cease or refrain from displaying or publishing any Application if it includes any content which, in Sponsor’s or the judges’ opinion, does not meet these Application Requirements, is inappropriate, objectionable or unsuitable for publication in connection with this Program, or is not in keeping with Sponsor’s image, or is in violation of these Official Rules in any way.
By entering this Program, Participants agree to maintain his/her/its behavior online and otherwise in accordance with all applicable laws and generally accepted social practices in connection with participation in any Program- or Prize-related activity. Participants understand and agree that Sponsor has the right, in each of their sole discretion, to disqualify and remove the Participants from any activity at any time if the Participant’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of the Sponsor, Administrator or provider of any event, activity, or travel, and in such a case, the Participant will be solely responsible for any and all related expenses.
PROGRAM PHASES, METRICS AND JUDGING CRITERIA
PHASE I
Crowd Challenge Showcase
Sponsor may reject/disqualify (in its sole discretion) any Application that is incomplete and/or does not conform to these Official Rules. Each valid Application will be placed in the Sponsor’s crowd challenge showcase (“Crowd Challenge”) page which will be located on Administrator’s crowdfunding platform at www.medstartr.com (“Program Crowdfunding Page”) for public feedback and funding (“Crowd Challenge Participants”). All valid Applications will be made public. Placement onto the Administrator’s website does not constitute endorsement by Sponsor or Administrator of the Application or the ideas therein.
Within the last few weeks of the Crowd Challenge Period, leaders will be determined based upon the highest score in the proprietary MedStartr Crowd Metrics which are based upon over 120 different criteria. These metrics are treated as a trade secret and are not made available to the public under any circumstances. By entering this contest you waive all rights to review the MedStartr Crowd Metrics. In addition to Crowd Metrics, expert judges will also score the top projects to select the teams to present on stage to compete for the prizes.
Crowd Challenge Scoring Metrics
The Crowd Challenge will take place on the Program Crowdfunding Page, where all of the general terms and conditions of Administrator’s crowdfunding platform will apply. Leaders will be selected based on the highest scores on Administrator’s proprietary and confidential crowd metrics that capture different types of data (“Metrics”). The Metrics are a computer/mathematical formula that is applied to all Applications equally. An indication of the Metrics is visible on the Program Crowdfunding Page, but not all aspects are visible to the public. The Metrics include the following observable actions:
(a) “Instant Feedback” reviews and comments posted on project pages;
(b) Activity with the Crowd Challenge Showcase engagement features (e.g., Likes, Follows, Tries, Adopts, and interest in Pilots, Partnerships, Mentorship, and Investor interest) for each Application;
(c) Validated adoptions, pilots and partnerships;
(d) The dollar amount of crowdfunding through site (note family, friends, and employee funding restriction below); and
(e) Observable social media activity and behavioral metrics.
Full crowd metrics will not be made available to Participants. MedStartr Crowd Metrics are proprietary and not available under any circumstances.
All submitted feedback and engagement on the Program Crowdfunding Page will be made available to all Participants unless expressly requested by reviewer to remain private.
Participant may be disqualified (in Sponsor’s sole discretion), if more than 30% of engagement clicks and funds raised through crowdfunding during the Crowd Challenge Period comes from the Participant, Team members, or friends, family members, or employees of the Participant and Team members (“Interested Parties”). Interested Parties include friends, family members and employees of each individual Team member, and the friends and family members of any employee of any entity Participant. Sponsor will determine in its sole discretion whether a party is an Interested Party. All decisions of the Sponsor are final.
Judging During Phase I
The Applications with the highest scores on the Metrics will be reviewed by a panel of individuals selected in Sponsor’s sole discretion, but may include patients, providers, hospital leaders, investors, and Sponsor representatives (“Judges”). The Sponsor will use the Judges’ scores to determine the top tier scores and select the Participants with those top scores as finalists (“Finalist(s)”).
Judges will assign between one and five points for each of the following criteria (“Criteria”) and these scores will be averaged:
1. Clinical Benefit Potential – The potential for a project to have a large and significant impact on care, treatment, or prevention.
2. Feasibility – The likelihood that the Application will provide benefit for patients and care givers.
3. Innovativeness – The distinguishing features, concept, or technology that differentiates the Application compared to others that already exist and are in general use.
4. Design / Fundability – The likelihood that the project will do well with investors by exhibiting a level of mass-market appeal, including patients and providers that will lead to investor interest. This often relates to the design of a solution as well as the market validation crowdfunding can provide which in turn leads to investor interest.
5. Scalability – The likelihood that a project as explained could possibly become a worldwide solution with a reasonable time frame. For example, some ideas are likely to fail because they are too complex or too expensive.
All scoring is final at the sole discretion of the Judges subject to review only by Sponsor.
NOTICE TO FINALISTS: All Finalists will be notified via email at the email address provided on the Application Form during the week of March 19th, 2018. If the potential Finalists do not respond according to the notification’s or Sponsor’s instructions; or if the Finalists or potential Finalists fail to comply with these Official Rules, participation may, in Sponsor’s sole discretion, be forfeited and an alternate Finalist may be selected (time permitting) based on the original Criteria. As a condition of further participation, Sponsor may require each Finalist (including each individual member of a Team) to complete, sign, notarize (if applicable), and return, without alteration and in the form presented by Sponsor, an Affidavit of Eligibility and Liability/Publicity Release form (unless prohibited by law), and tax documents (i.e. W-9), and other documents (“Required Documents”) any or all of which may require the potential winner to provide his or her Social Security Number, and a copy of a government-issued identification or number therefrom, within 48 hours of the notification email being sent. Any Finalist not returning the Required Documents within 48 hours will be disqualified and will have their status as a Finalist rescinded. If the notification is returned as undeliverable, or if a Finalist is determined to be ineligible or has not complied with these Official Rules, that Finalist will be disqualified. Another Finalist may be selected for each disqualified Finalist and notified according to the procedures described herein.
PHASE II
Phase II Live Pitch
For each Finalist Application, the individual Finalist or one (1) or more representative members of the applicable Participant Team or entity for the Finalist Application must give a live pitch on stage in front of a crowd and the Pitch Judges (defined below) at the NOLAHI Finale 2018 #NOLAHI in New Orleans currently scheduled to take place at some point during the week of Mar. 19th, 2018. (“Phase II”). All Finalists must participate in Phase II in person in order to be considered for prizes.
Sponsor will give tickets/admittance for Pitch Representatives to attend the NOLAHI Finale 2018 #NOLAHI in LA, New Orleans. Teams may be limited in how many representatives are given tickets.
Up to fifteen (15) but likely fewer, Finalist Teams will be broken down into three different pitch contests. The pitch contests will be broken up by the three (3) Challenge Statements.
Each Finalist will be given the same number of minutes, generally five (5) minutes, to speak live to a panel of Judges selected by Sponsor in Sponsor’s sole discretion (“Pitch Judges”) and the same number of minutes, also generally five (5) minutes, for questions and answers from the Pitch Judges (collectively, “Pitch”).
Finalists with representatives unwilling or unable to travel to New Orleans, LA to be present for the Pitch will be disqualified.
Judging During Phase II
The Pitch Judges will score each Pitch based on the Criteria stated above (Clinical Benefit Potential, Feasibility, Innovativeness, Design / Fundability and Scalability), assigning between one and five points for each Criteria and these scores will be averaged.
The Finalists with the highest scores in each Pitch Contest will be eligible to receive Prizes (“Prize Recipients”). In the event of a tie, the Finalist with the higher score in the “Clinical Benefit Potential” Criterion will be selected. If there is still a tie, the Finalist with the higher score in the “Feasibility” Criterion will be selected. If there is still a tie, the Pitch Judges will re-judge the “Clinical Benefit Potential” of the Criterion on a scale of 1 to 100 and the Finalist with the higher score will be selected.
PRIZE RECIPIENTS
The Finalists with the highest scores in each group will be notified and announced during the week of Mar. 19th, 2018 and in order to receive a prize must execute/sign an agreement with the applicable prize provider regarding such provider’s pilot, partnership and/or investment. The terms of said agreement are variable based upon the current development of the company and the particular prize provider.
All winners will be reviewed for investment appropriateness by the Sponsor. In the event that terms cannot be arrived at that are mutually agreed upon by both the Sponsor and the Applicant, prizes may be allocated to another finalist. Results of the on stage Phase II Pitch Contest is not a guarantee of investment.
BY ENTERING INTO THIS CONTEST YOU ATTEST AND AFFIRM THAT YOU ARE ENTERING IN GOOD FAITH AND HAVE A GENUINE INTEREST IN AND WILL ACCEPT AT LEAST ONE OF THE PRIZE PACKAGES AS STATED.
* Note: for later stage companies, additional investment options will be made available.
PRIZES
Each Challenge Sponsor and local supporting entities reserve the right to independently select recipients of their choice for independent support outside of the pitch contest selection process.
MedStartr Acceleration Program (MAP): Up to four teams from the NOLAHI Challenge will be invited to enter the MedStartr Acceleration Program (MAP) which provides support for innovators for up to two years, providing up to $250,000* each in funding and services in exchange for a small stake (2-6%) of Founder’s Equity and pro rata rights to invest in up to 20% of the next round of funding. While entry into the program is guaranteed, funding and the full program is subject to review of progress against milestones by the MedStartr Investment Review Committee and acceptance of the MAP agreement.
PITCH CONTEST WINNERS
Up to three (3) separate pitch contests will be held based upon category of projects and / or stage of company entering into the contest. The pitch contests will be broken up by the three (3) Challenge Statements. All Pitch Contest Winners will be notified and announced during the week of Mar. 19th, 2018 (exact date, to be determined).
WINNERS ARE RESPONSIBLE FOR REPORTING AND PAYING ANY INCOME TAXES OR OTHER TAXES THAT MAY APPLY, ACCEPTING THE ABOVE-DESCRIBED PRIZES. RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY SUCH TAXES.
GENERAL INFORMATION: Participation is subject to all federal, state and local laws and regulations. Each Participant is responsible for checking applicable laws and regulations in Participant’s jurisdiction before participating in the Program to make sure that Participant’s participation is legal. Application into the Program does not constitute Application into any other program, contest or promotion, including, without limitation, other similar programs or promotions offered by Sponsor and/or Administrator. Participant is responsible for abiding by Participant’s employer's policies regarding participation in the Program. Released Parties disclaim any and all liability or responsibility for disputes arising between Participant and Participant’s employer related to the Program. Any investment must comply with the United States and any applicable state securities laws.
LIMITATION OF LIABILITY: BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO RELEASE, INDEMNIFY (i.e., DEFEND AND/OR REIMBURSE) AND HOLD HARMLESS RELEASED PARTIES FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS AND ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING OUT OF YOUR PARTICIPATION IN OR ASSOCIATION WITH THE PROGRAM INCLUDING PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY PROGRAM-RELATED ACTIVITY (HOWEVER (BUT ONLY IF REQUIRED BY LAW IN YOUR JURISDICTION), THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION COMMITMENT DOES NOT APPLY TO CASES OF FRAUD OR BODILY INJURY OR LOSS OF LIFE OR TO THE EXTENT THAT ANY DEATH OR PERSONAL INJURY IS CAUSED BY THE NEGLIGENCE OF A RELEASED PARTY OR A THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW). RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY MISCOMMUNICATION SUCH AS TECHNICAL FAILURES RELATED TO COMPUTER, TELEPHONE, CABLE, AND UNAVAILABLE NETWORK OR SERVER CONNECTIONS, RELATED TECHNICAL FAILURES, OR OTHER FAILURES RELATED TO HARDWARE, SOFTWARE OR VIRUS, OR INCOMPLETE, LATE OR MISDIRECTED APPLICATIONS. ANY COMPROMISE TO THE FAIR AND PROPER CONDUCT OF THIS PROGRAM MAY RESULT IN THE DISQUALIFICATION OF AN APPLICATION, TERMINATION OF THE PROGRAM, OR OTHER REMEDIAL ACTION, AT THE SOLE DISCRETION OF SPONSOR.
INTERNET: None of the Released Parties are responsible for incorrect or inaccurate Application information whether caused by Internet users or by any of the equipment or programing associated with or utilized in the Program or by any technical or human error which may occur in the processing of the Applications in the Program. The Program is intended only for participation in the United States and shall only be construed and evaluated according to United States law. Participant should not enter this Program if Participant is not a resident (for an individual person) or booth organized and having a principal place of business (for legal entities) in one (1) of the fifty (50) United States or District of Columbia.
Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend this Program or give no Prizes should the program fail to achieve sufficient applicants or fraud, virus, bugs or other causes beyond the control of Sponsor corrupt the administration, security or proper function of the Program. Released Parties are not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. All applicants will be notified of changes to the terms and conditions of the program.
Should multiple users of the same email account enter the Program and a dispute thereafter arises regarding the identity of Participant, the authorized subscriber of said email account at the time of Application will be considered the Participant. “Authorized account subscriber” is defined as the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assignment of email address or the domain associated with the submitted email address. Please see the applicable Privacy Policy located at: http://medstartr.com/pages/privacy-policy for details regarding the treatment of information collected in connection with this Program. Any Participant may be requested to provide Sponsor with proof that such Participant is the authorized account holder of the email address associated with Participant.
All Participants must have a valid email address. Sponsor or Administrator reserves the right at its sole discretion, to disqualify any individual (and all of his or her Program Applications) who tampers with the application process. Automated applications are prohibited, and any use of such automated devices will cause disqualification.
RELEASES/DISCLAIMER: Participants agree to be bound by these Official Rules and Sponsor’s decisions. As a condition of entering, Participant(s) agree to release Released Parties from any and all liability, loss or damage incurred with respect to the giving, receipt, possession, and/or use or misuse of any Prize.
At the time of the judging, alternate Prize Recipients may be selected. Such alternate Prize Recipient may receive a Prize if the originally selected Prize Recipient is disqualified or otherwise determined to be ineligible. If any correspondence of the Program or any Prize is returned as undeliverable, the corresponding Prize will be forfeited and will be given to an alternate Prize Recipient. Should a Prize Recipient make any false statement(s) in any document referenced above, the Prize Recipient will be required to promptly return to Sponsor his/her Prize. Any unclaimed Prizes will be given as Sponsor deems appropriate or retained for distribution in later contests. In the event there is a dispute of a Prize Recipient’s identity, the Prize will be given as Sponsor deems appropriate.
Released Parties are not responsible for errors, problems or malfunctions relating to or in connection with the Program, including without limitation, errors, problems or malfunctions which may occur in connection with the administration of the Program, the announcement of the Prizes, the processing of Applications or in any Program-related materials; or for transactions that are lost, misdirected, or fail to enter into the processing system for any reason; or are processed, reported, or transmitted late or incorrectly; or are lost for any reason, including computer, telephonic, paper-transfer, or human error, or electronic, computer, or telephonic malfunction, damage, error, omission, interruption, defect, delay in operation or transmission, or any combination thereof. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or for insufficient space in a person’s email account or voicemail inbox to receive email or voice messages. Released Parties are not responsible, and may disqualify a Participant, if any contact information provided by the Participant does not work or is changed without giving prior written notice to Sponsor.
All trademarks are the property of their respective owners.
PUBLICITY RIGHTS / LIMITED PRIVACY: By participating in the Program, in addition to any other rights granted herein or which may be granted in another agreement with Sponsor or Administrator, Participant hereby irrevocably (a) grants to Sponsor and Administrator and their assignees the right to use Participant’s name, likeness, image and biographical information in any and all media for any purpose including, without limitation, advertising and promotional purposes relating to the Program; and (b) releases Released Parties from any liability with respect thereto. Participant acknowledges Participant’s privacy rights will be limited by participating in the Program.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE PROGRAM, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, PARTICIPANTS FURTHER AGREE THAT RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES, OF ANY KIND, ARISING FROM OR RELATED TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, ACTS OF GOVERNMENT, ACTS OF TERROR, ACTS OF WAR, CIVIL UNREST, LABOR SHORTAGES AND/OR STRIKES, EVEN IF ANY ONE OR MORE OF THE RELEASED PARTIES WERE AWARE OF THE POSSIBILITY OF ANY SUCH EVENTS OCCURRING.
NO OBLIGATION: You acknowledge that multiple Participants may submit Applications that contain concepts, ideas, innovations or technologies similar to your Application and that Sponsor, its subsidiaries and business partners may already be investigating or developing solutions or business activities that are related or similar to those that you disclose in your Application. You acknowledge and agree that Sponsor’s action with respect to another Application, even if similar to your Application, shall not create in Released Parties any liability to you or others. Further, Sponsor is not and shall not be restricted in any way from pursuing, developing, or commercializing, in any way that Sponsor sees fit, independent of you and at Sponsor’s sole discretion, any technology that is created independent of your Application. For the avoidance of doubt, you acknowledge that Sponsor is not obligated to take any action whatsoever with regard to your Application. By entering the Program, you waive all rights to seek injunctive or equitable relief, or to claim punitive, incidental or consequential damages, or attorneys’ fees.
ARBITRATION: EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS PROGRAM, PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROGRAM, INCLUDING ANY PRIZES GIVEN, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND HELD AT THE AAA REGIONAL OFFICE NEAREST THE PARTICIPANT; (2) THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; (3) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (4) JUDGMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participant and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the substantive laws of the State of Louisiana without giving effect to any choice of law or conflict of law rules (whether of Louisiana or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Louisiana.
SPONSOR: MedStartr Venture Partners, LLC.
ADMINISTRATOR: MedStartr, Inc., 25 W. 39th Street, New York, NY 10018
References to third parties in connection with the Program and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Program.
