2012 EURETINA Innovation Award Terms & Conditions
These Terms & Conditions apply to all entrants who submit an entry either as an individual or a team (the “Entrant(s)”) to the EURETINA Innovation Award 2012 (the “Award” or the “Competition”). Submission of an entry to the Competition is deemed to represent a full acceptance by the Entrant of all Terms & Conditions.
- 1. Eligibility
- 1.1 Entry to the Competition is open to all EURETINA and non-EURETINA members over the age of 18 years, other than direct employees or members of the judging panel. Currently serving board members of EURETINA may apply to be short-listed at the EURETINA Congress, however will not be eligible to receive a prize.
- 1.2 Entries may be submitted by individuals or by teams.
- 1.3 Team entries should clearly identify a single individual as a “Team Leader” responsible for all submissions, organisation, communication and presentation of their team’s entry.
- 1.4 All entries must be submitted in English and must strictly adhere to the word count limitations within each section of the designated Entry Form.
- 1.5 Entries may be submitted from academia or industry*
*Entries from commercial for-profit organisations are limited to companies with ≤15 full-time employees and an average turnover ≤ €250,000 per annum, calculated over the preceding 3 years.
- 2. Entry to the Competition
- 2.1 All applicants must accurately complete all sections of the Entry Form, available on the Competition Website at www.euretina.org/innovation
- 2.2 Entrants may submit only one innovation per entry however, Entrants may submit multiple entries.
- 2.3 The final deadline for the acceptance of entries is on or before 5pm (GMT) on May 31st, 2012. Incomplete or late entries will not be accepted.
- 2.4 Prior to submission of an entry, all Entrants agree to inform their employer and any other persons connected to their entry, in writing, and all Entrants further agree to obtain whatever consents and permissions may be required to participate in the Competition.
- 2.5 All expenses and costs of whatsoever nature associated with submitting an entry shall be borne entirely by the Entrant(s).
- 3. Application Process
- 3.1 Completed applications should be submitted to Innovation@euretina.org and each application will be acknowledged by an automated email reply.
- 3.2 Submission of an entry to Innovation@euretina.org constitutes full and legally binding acceptance of these Terms and Conditions, including any updates thereof which may be made from time to time on the Competition website.
- 3.3 Entries will be adjudicated by a Judging Panel appointed by EURETINA and shall consist of a Chairperson and 4- 6 suitably qualified persons.
- 3.4 Following initial adjudication, short-listed candidates for the Awards will be notified by post, email or phone and will be required to present their innovation, at their own expense, at the 12th EURETINA Congress, scheduled to be held in Milan from September 6th-9th, 2012.
- 3.5 Following presentations from the short-listed Entrants at the 12th EURETINA Congress, winners will be announced and Prizes will be presented by the Chairperson of the Judging Panel, or their nominee.
- 3.6 Decisions of the Judging Panel will be final and no correspondence or communication whatsoever will be entered into in respect of the Judging Panel’s deliberation or decisions.
- 3.7 The Awards shall consist of a 1st Prize of €20,000 and a 2nd Prize of €10,000. At their sole discretion, the Judging Panel reserves the right to make no Awards.
- 3.8 Prizes will be awarded to individuals. Entrants, Team Leaders and commercial entities successful in winning the Competition will be solely responsible for the distribution of any awards within their teams and companies.
- 3.9 Award represents gross amounts and all Entrants, Team Leaders and commercial entities are solely responsible for any necessary taxes, deductions and/or any other charges or adjustments of a similar nature, the payment of which are the sole responsibility of Entrants, Team Leaders and commercial entities.
- 3.10 EURETINA reserves the absolute right, at its sole discretion, to suspend, cancel or extend the Competition at any time and without Entrants being entitled to any compensation whatsoever.
- 4. Criteria of the Award
- 4.1 Entries should focus on product or process innovations and inventions applicable to any aspect of macular, retinal or posterior chamber disease and capable of development, scalability and commercial exploitation.
- 4.2 The Judging Panel will evaluate entries on the basis of (i) novelty of the innovation or invention; (ii) technical feasibility and scalability; (iii) scale of market need and economic opportunity; (iii) potential for commercial success; (iv) intellectual property potential; (v) quality of information provided and other commercial criteria that may be deemed by the Judging Panel, at their sole discretion, to be relevant and appropriate to the awarding of the Prize(s).
- 5. Use of the Website
- 5.2 The Website contains copyright, design right, trademark and other intellectual property rights owned, licensed or controlled by EURETINA. Entrants are prohibited from reproducing, distributing, re-publishing or transmitting material from the Website without the prior written consent of EURETINA. Web browsing and printing of the material from the Website for personal use is permitted.
- 5.3 The Website and the contents of the Website are provided on an “as is” basis. EURETINA makes no guarantees or warranties, either express or implied, as to the accuracy or completeness of the materials provided on the Website. EURETINA disclaims all liability, to the fullest extent permitted under relevant laws, for any direct, indirect, consequential or special damages including for loss of profits or losses arising through business interruption. No guarantee, warranty or representation is given as to the uninterrupted use of the Website or that the Website will be error-free. No liability will be assumed by EURETINA for loss or damage to Entrants or entries arising from internet malfunction, IT failures, virus damage or other similar interruptions that prevent the smooth running of the Competition.
- 5.4 Entrants agree that submission of an entry to Innovation@euretina.org will fully comply with the following:
(a) submitted material will not be unlawful, offensive or otherwise unfit for publication;
(b) Entrants will use best efforts to remove any viruses or other similar contaminants prior to submission;
(c) all material submitted is either owned by the Entrant or is submitted with the written consent of all individuals holding any rights or potential rights in the materials. Each Entrant fully indemnifies EURETINA and its Indemnitees against any third party actions arising from the improper submission of materials.
- 5.5 EURETINA may modify or amend the Website at any time without notification and shall not be responsible for any damage or loss caused as a result of any such modification. Each Entrant is solely responsible for insuring they have obtained the most up to date information on the Competition as available through the Website.
- 6. Intellectual Property
- THIS IS AN IMPORTANT SECTION OF THE TERMS & CONDITIONS AND EACH ENTRANT SHOULD ENSURE THAT THEY ARE SATISFIED WITH THE TERMS & CONDITIONS HEREIN AND THAT THEY OBTAIN THEIR OWN LEGAL ADVICE PRIOR TO SUBMITTING AN ENTRY TO THE COMPETITION.
- 6.1 “Information” means any and all information, materials, educational resources, inventions, discoveries, results, data, intellectual property, patents, patent applications, copyright, scientific concepts, experiments, experimental designs, drawings, device designs, utility models, know-how, secrets, trade secrets and aplications thereof; confidential information, medicinal concepts, therapeutic concepts, diagnostic concepts, prognostic and medical device concepts, business ideas and market plans in whatever form including without limitation; written, graphic, photographic, digital, recorded, prototype, sample and electronic owned, controlled or provided by an Entrant in an entry submission or presentation to the Competition.
- 6.2 Each Entrant acknowledges and agrees that they have sole responsibility to obtain commercial, legal, intellectual property and patent advice specific to their Information and prior to entry, prior to disclosure and prior to any short-listed presentation.
- 6.3 Each Entrant is solely responsible for the legal and commercial protection of the Information submitted to the Competition and Entrants agree that they shall be solely responsible for the filing of patent, trademark, copyright or any other appropriate protection at their own cost.
- 6.4 Save for the specific purposes regarding Publicity and Publication in clause 7 of these Terms & Conditions, ownership and control of all Information provided by Entrants to the Competition shall be retained solely by the owners. EURETINA acknowledge that they shall hold no right, title or interest in any Information provided by Entrants to the Competition.
- 6.5 Entrants hereby acknowledge and agree that participation in the Competition may result in a requirement to make a presentation at the 12th EURETINA Congress. In the event of being short-listed for a presentation Entrants hereby agree to take any and all necessary steps to protect their Information prior to such presentation. Entrants acknowledge and understand that a failure to obtain appropriate intellectual property protections for the Information prior to public presentation may prejudice the potential patentability of their Information.
- 6.6 Entrants hereby represent that they are legally entitled and/or have obtained all necessary consents, to submit the Information included in their entry to the Competition. Further, Entrants agree they have made all necessary inquiries and have obtained all necessary consents from employers, co-inventors and any other persons with rights or potential rights in the subject matter of their entries.
- 7. Publication & Publicity
- 7.1 Entrants, short-listed winners and overall winners acknowledge and agree that their names, affiliations, field of research, biographies, photographs or likenesses and edited versions of their entries, materials, Information and presentations may be reproduced, promoted and publicised by EURETINA or its nominees and affiliates, without further consideration.
- 8. Changes to the Terms & Conditions
- 8.1 EURETINA reserves the absolute right at its sole discretion to amend, vary, modify, terminate or cancel any of these Terms & Conditions or any aspect of the Competition and all such amendments, variations, modifications, terminations and cancellations shall be deemed to be immediately accepted by Entrants once posted on the Competition Website.
- 8.2 Entrants will check the current Terms & Conditions available on the Competition Website at regular intervals and immediately prior to submission of an entry.
- 8.3 Upon 7 days prior written notification to EURETINA (and no later than Friday, 5pm [GMT], June 7th, 2012), Entrants shall be permitted to withdraw entries at their sole discretion. After 5pm, June 7th, 2012, the withdrawal of any entry to the Competition will be at the sole discretion of EURETINA.
- 9. Limitations of Liability
- 9.1 EURETINA gives no guarantee to accept, assess, evaluate or process entries to the Competition.
- 9.2 Except as expressly set out in these Terms & Conditions, all warranties, terms, conditions and undertakings, either express or implied, whether by European law, common law, statute, custom, trade usage or otherwise, including without limitation as to quality, fitness for purpose, performance or suitability for purpose, in respect of the EURETINA Innovation Award, or any other subject matter of these Terms & Conditions, are hereby excluded to the fullest extent permitted by law.
- 9.3 EURETINA and the Competition’s Judging Panel shall not be liable for any act, omission or error in assessing entries to the Competition.
- 9.4 Entrants hereby indemnify EURETINA, its management, directors, officers, employees, consultants, agents, and judges, (collectively the “Indemnitees”) from all losses, liabilities, damages and expenses, including all legal fees and costs and all consequential loss, loss of profits, loss of business, loss of contracts, loss of reputation and any other nature of damages whatsoever (collectively, "Liabilities"), arising out of or relating to any claims, demands, actions or other proceedings made or instituted by any third party against the Entrant and/or the Indemnitees.
- 9.5 Entrants hereby hold harmless the Indemnitees against any and all claims of whatsoever nature and howsoever arising out of or relating to the Competition.
- 10. Confidentiality
- 10.1 Definitions:
- In respect to obligations of confidentiality, the following words and expressions shall, unless the context requires otherwise, have the following meanings:
Commencement date: The date upon which an Entrant submits an application, or any part thereof, to Innovation@euretina.org;
Confidential Information: Has the meaning given to it in Clause 10.2;
Entrant: An individual and/or all individuals identified as applicants on an Innovation Award application submitted to Innovation@euretina.org;
EURETINA: The European Society of Retinal Specialists, a not for profit organisation registered in Hamburg, Germany, having its address at Temple House, Temple Road, Blackrock, Co. Dublin, Ireland;
Judging Panel: A panel of judges, identified on the Innovation Award website, chosen by EURETINA to adjudicate on all entries made to the Innovation Award;
Permitted Purpose: Each Entrant acknowledges that participation In the EURETINA Innovation Award will involve an exchange of information with the EURETINA Innovation Award Judging Panel regarding novel technologies, research, data, intellectual property, technical and business plans in the field of ophthalmology, and potentially other related medical disciplines, for the purpose of judging applications to the EURETINA Innovation Prize (the “Permitted Purpose”). These Terms & Condition sets out the terms on which each Party will provide, hold and use Confidential Information;.
Terms & Conditions: These Terms & Conditions as amended from time-to-time at the sole discretion of EURETINA.
- 10.2 Confidential Information
“Confidential Information” means any and all EURETINA Innovation Award applications, information, inventions, data, intellectual property, scientific concepts, experiments, experimental designs, medicinal, therapeutic, diagnostic, prognostic and device concepts, results, business and market plans in whatever form including without limitation; verbal (if reduced to writing within 21 days of disclosure), written, graphic, photographic, recorded, prototype, sample and electronic owned, controlled or provided by an Entrant (the “Disclosing Party”), directly or indirectly disclosed in connection with or furtherance of the Permitted Purpose to EURETINA (the “Receiving Party”).
Notwithstanding clause 2, Confidential Information shall not include any information which:
(i) at the time of disclosure to the Receiving Party is known to the Receiving Party, as evidenced through the Receiving Party’s written records, through no wrongful act of the Receiving Party;
(ii) is or becomes publicly known through no wrongful act of the Receiving Party;
(iii) is received in good faith by the Receiving Party from a third party in lawful possession of the information and having the legal right to disclose such information without limitation, or;
(iv) is independently developed by the Receiving Party without use of or reliance on any Confidential Information, as evidenced through the Receiving Party’s written records.
- 10.3 Restrictions on Use. The Receiving Party agrees that it, its directors, officers, Judging Panel, employees and agents (together, “Associates”) shall keep all Confidential Information of the Disclosing Party strictly confidential and shall not, without the prior expressed approval in writing of the Disclosing Party, disclose, publish, provide or permit access to the Confidential Information to any person, persons or body corporate not authorised by these Terms & Condition. The Receiving Party agrees and acknowledges that the Disclosing Party is disclosing the Confidential Information to it only for the Permitted Purpose and the Receiving Party, subject to clause 7 of these Terms & Conditions, shall not make any other use whatsoever of the Confidential Information, commercial or otherwise. The Receiving Party shall disclose the Confidential Information to its Associates only to the extent that such Associates require the Confidential Information for the Permitted Purpose and shall ensure that all such Associates are informed of the confidential nature of the Confidential Information.
- 10.4 Forced Disclosure.
The Receiving Party may disclose Confidential Information to the minimum extent required by any order of court of competent jurisdiction or any competent judicial, governmental or regulatory body, or the laws or regulations of any country with jurisdiction over the affairs of the Receiving Party.
Before any disclosure under this clause 10.4, the Receiving Party shall (to the extent permitted by law) use its best endeavours to:
(i) inform the Disclosing Party of the full circumstances of the disclosure and the Confidential Information that shall be disclosed;
(ii) consult with the Disclosing Party as to possible steps to avoid or limit disclosure and take those steps where they would not result in significant adverse consequences to the Receiving Party;
(iii) request assurances as to confidentiality from the body to whom the Confidential Information is to be disclosed; and
(iv) where the disclosure is by way of public announcement, consult on the wording with the Disclosing Party in advance.
- 10.5 Disclaimer, Warranty & Indemnification. No rights or obligations in Confidential Information are granted other than as expressly provided under these Terms & Conditions. The Receiving Party agrees that nothing in these Terms & Conditions gives it any right, license or claim to any intellectual property right or proprietary right in the Confidential Information of the Disclosing Party and that all such rights remain exclusively and absolutely with the Disclosing Party or the applicant to the EURETINA Innovation Award. The Disclosing Party warrants for the benefit of the Receiving Party that it has the right to disclose the Confidential Information and to authorise the use of it by the Receiving Party, its Associates or any third parties in accordance with the terms of this Agreement. Entrant hereby indemnifies EURETINA, its management, directors, Judging Panel, officers, and employees (collectively the “Indemnitees”) harmless from all losses, liabilities, damages and expenses, including all legal fees and costs (collectively, "Liabilities"), that the Indemnitees may suffer as a result of any claims, demands, actions or other proceedings made or instituted by any third party against Entrant and arising out of or relating to any breach of these Terms & Conditions or the gross negligence or wilful misconduct of Entrant, its affiliates or directors, officers or agents, except for Liabilities arising out of the gross negligence or wilful misconduct of the Indemnitees.
- 10.6 No Obligation. Nothing in these Terms & Conditions obliges a Party to disclose any of its Confidential Information to the other Party or enter into any arrangement with the other Party in connection with the Permitted Purpose or any other purpose.
- 10.7 Term. The term of these confidentiality obligations within the Terms & Conditions shall become effective on the Commencement Date and shall terminate on the 18-month anniversary thereof. These Terms & Conditions contains the entire and complete terms and conditions between the Parties with respect to the subject matter hereof, and supersedes all prior oral and/or written understandings with respect to the subject matter hereof.
- 11. Jurisdiction
- 11.1 These Terms & Conditions are governed by and interpreted in accordance with Irish law. In the event of any dispute arising from these Terms & Conditions or from the use of the Website or arising from any other aspect of the Competition, the Irish courts will have non-exclusive jurisdiction.