IBA Call for Ideas

 

(the “Call for Ideas”)

 

CALL FOR IDEAS RULES

 

(the “Rules”)

 

This Call for Ideas is sponsored by [Ion Beam Applications, Chemin du Cyclotron 3, 1348 Louvain-La-Neuve, Belgium] on behalf of itself, its successors, permitted assignees, and affiliates (the “Sponsor”).

 

The aim of these Rules is to set out the terms and conditions governing participation in the Call for Ideas. By participating in this Call for Ideas, you fully and unconditionally agree to comply with these Rules.  If you do not agree with any of these Rules, do not register for this Call for Ideas and do not submit an entry.

 

1.        TERM

 

The start and end dates for this Call for Ideas are stated on the Call for Ideas website, and is available 24 hours a day on the dedicated Call for Ideas website operated by Agorize at [HTTPS://IBA-WORLDWIDE.AGORIZE.COM] (“the Call for Ideas website”), subject to possible IT maintenance operations.

 

2.       AGREEING TO THE RULES

 

Any eligible person who is registered on the Call for Ideas website and enrolls to participate in the Call for Ideas (“Participant” or “You”), is required to review and accept these Rules. By accessing and accepting these Rules, You:

• enter into a valid and enforceable contractual relationship with the Sponsor regarding participation in the Call for Ideas. The registration and enrolment in the Call for Ideas does not set up any subordination relationship between the Sponsor and the Participant, and
• fully and unconditionally agree to comply with these Rules. Participants express their agreement by checking an online box when enrolling for the Call for Ideas.

 

In case of non-respect of these Rules, the Participant will be immediately disqualified from the Call for Ideas and no prize (if any) will be awarded.

 

3.      REGISTRATION AND PARTICIPATION IN THE CALL FOR IDEAS

 

To take part in the Call for Ideas, we must receive your completed registration by the end date stated on the Call for Ideas website. To register, the Participant first has to create a user account on the Call for Ideas website, and truthfully and accurately complete the information, such as full name, email address, etc.

 

Any registration based on inaccurate, false or incomplete information will result in the Participant’s disqualification. Refusing the collection, recording and use of their personal data that is strictly necessary for performing the Call for Ideas will result in the Participant’s disqualification. The Participant is solely responsible for the information he/she provides when registering. Any intentional or unintentional mistake, anomaly or inconsistency, regarding this information, may result in the Participant’s disqualification. The Sponsor reserves the right to proceed with all necessary verifications regarding the Participant’s identity, postal and/or email address.

 

Deletion of a Participant’s user account on the Call for Ideas website will be deemed as a withdrawal from the Call for Ideas. In this case, the Participant, regardless of whether the deletion results from the Participant’s personal action or not, will not participate in the Call for Ideas, and will not obtain any compensation.

 

You must also have accepted the Rules as well as the Terms and Conditions of Use and the Privacy Policy available on the Call for Ideas website [https://iba-worldwide.agorize.com], during the creation of your user account and your registration to the Call for Ideas.

 

Registration for and participation in the Call for Ideas is free, with no purchase or payment obligation.

 

4.      ELIGIBILITY

 

This Call for Ideas is open and offered solely to:

 

• Individual Participants. Individuals aged eighteen (18) years or over and/or with full legal capacity at the time of registration. Each Individual Participant can participate several times in the Call for Ideas.

 

Any document that can confirm the Participant’s eligibility may be required prior to awarding any prizes (e.g. identity document, student card etc.).

 

This Call for Ideas is not open to: employees or representatives of the Sponsor and Agorize or the members of their families.

 

This Call for Ideas is void in countries where it is prohibited or restricted by law.

 

5.      PURPOSE OF THE CALL FOR IDEAS AND PARTICIPATION

 

Participation in the Call for Ideas must be individual (Individual Participant).

 

• Individual Participants must enter the Call for Ideas in their individual capacities.

 

 

The goal of the Call for Ideas is for Participants to submit contributions (or ideas) meeting the requirements determined by the Sponsor in the Call for Ideas brief, and that are formalized by deliverables. The brief includes information regarding various deadlines, details of the prizes, Sponsor requirements etc. (the “Brief”). The Brief is accessible through the Call for Ideas website.

 

6.      DELIVERABLES

 

During the Call for Ideas, Participants may upload any documents or other materials (such as texts, presentations, videos, etc.) relating to their idea to the Call for Ideas website in response and as a solution to the Sponsor’s Call for Ideas (the “Deliverable”).

 

To be eligible, Deliverables must (i) address the specific issue set out in the Brief, (ii) be in a common digital format, such as, DOC, DOCX, PDF, PPT, PPTX, KEY, ODT, MP3, MPEG, MOV, MP4, and (iii) be in English, and in general terms must comply with these Rules.

 

If a Deliverable cannot be downloaded, is not in the right format or is incompatible, illegible, or unintelligible, the Deliverable will be disqualified.

 

By submitting a Deliverable, the following needs must  be respected:

 

• The Deliverable includes exclusive contributions from an Individual Participant.

 

• Otherwise, if content from a third party has been used in the development of the Deliverable, all rights, authorizations and agreements necessary to submit the Deliverable and grant the rights mentioned herein have been obtained. The existence of uncredited third-party contributions in the Deliverable will result in the disqualification of the Deliverable and the related Participants;

 

• No other individual and/or entity is entitled to claim any rights from the use of the Deliverable; and

 

• The content of the Deliverable does not and will not infringe or violate any rights of any third party or entity, including, without limitation, intellectual property rights, privacy, competition law, confidentiality, or any contractual or extracontractual right. All deliverables suspected of violation of any law(s) and/or any third party’s right will be ineligible.

 

Participants are responsible for and shall bear any costs or expenses associated with preparing and submitting Deliverables. Participants assume all risk for damaged, lost, late, incomplete, invalid, incorrect or misdirected Deliverables.

 

7.       CALL FOR IDEAS PROCESS

 

Call for Ideas Rounds. The Call for Ideas consists of several rounds:

• Participation round. Participants must submit their deliverables from the date of the launch until the end of registration stated on the Call for Ideas website.
• Assessment round. According to the guidelines below.

Once closed (at the end date of the Call for Ideas stated on the Call for Ideas website), no further edition, assessment or moderation of deliverables will be accepted.

 

Deliverable. If a Participant does not fill in the entry form on the Call for Ideas website before the deadline, this will be considered as a withdrawal from the Call for Ideas. The Participant may not join the Call for Ideas, and may not obtain any compensation from the Sponsor.

 

Selection Criteria. Deliverables will be judged according to the Selection Criteria, described below. You agree and acknowledge that the Call for Ideas relies on your creativity, capacity, ability, and ingenuity to solve difficult problems. The Call for Ideas does not depend, even partially, on chance or luck, and therefore should not be considered as a lottery. Under no circumstances are factors such as appearance, religion, membership in a trade union, political opinions or sexual orientation considered.

 

Notification to Participants. Once selection has been completed, the Sponsor will be free to decide when and how Participants will be notified about the progression of their Deliverables through the different rounds.

 

A. Participation Round

 

All Round One Deliverables must be submitted before the date of the end of registration stated on the Call for Ideas website. Deliverables must be submitted by Participants in their dedicated participation area, and meet the specifications set out in Section 6, above, and include:

 

• Summary of the innovation idea
• Innovation Call
• Context and Market
• Innovation maturity (TRL)
• Intellectual property (IP) asset
• Project timeline
• Financing scheme

 

 

 

B. Assessment Round (criteria-based assessment)

 

Deliverables will be available on a dedicated and confidential area on the Call for Ideas website. The assessment owners (Sponsor members general public) (the “Assessment Step Owners”) may evaluate a Deliverable and participate in an assessment by grading Deliverables on the following criteria:

 

• Originality, innovative content
• Viability of the project (teams, business models, technological solution(s) proposed)
• Capacity to have a positive impact on IBA's activities and sectors (in terms of turnover, cost reduction, sustainability, or image for the various players in the sector)

 

 

 

Any attempt to cheat, use fake profiles, use third-party applications that enable false voting linked to cheating, or engage in duplicate voting of which the Sponsor becomes aware will result in the disqualification of the idea that received these votes, and in the disqualification of this idea’s Participants, who will not receive any prize or award (if any). The Sponsor’s decision regarding disqualification is final and its decision may not be contested by Participants involved in the idea in question or in any other Participant.

 

8.      COMMUNICATION

 

The Participant acknowledges and consents that the Sponsor may, for the duration of the Call for Ideas and for a period of one (1) year thereafter, use the Call for Ideas for publicity, including for Sponsor’s advertising or other marketing purposes, (by any means and through any format (website, advertising banners, social networks, newsletter, press release) now known or as yet unknown, free of charge or for a consideration.

 

 

 

9.      CONFIDENTIALITY

 

The Deliverables and related comments will only be visible to the Participant and the Sponsor, and not to other suppliers or external parties. Please remember that only non-confidential information shall be exchanged on the Call for ideas website. If the Participant’s idea is confidential, the Participant shall only submit a teaser that does not reveal the inventive principle.

 

If you are a winner, the Sponsor will request that you execute a confidentiality/non-disclosure agreement for the purpose of entering into negotiations regarding the further development of your project, as described in your Deliverable.  Such confidentiality/non-disclosure agreement will be directed to your Deliverable and all intellectual property that it may contain.

 

Furthermore, Participants acknowledge that the Sponsor may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the information contained in any of the projects. Accordingly, nothing herein shall prohibit the Sponsor from independently acquiring, developing, or having developed for it, products, concepts, systems, services, or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in any Deliverable.

 

The Participant recognizes that other Participants, individuals or entities may have provided to the Sponsor or others, or made public, or may in the future submit, or make public, content that is the same or similar to any piece of information contained in any of the projects. Hence, the Participant acknowledges, agrees and accepts that the Sponsor shall have the right to use such same or similar materials, and that the Participants will not be entitled to any compensation arising from the Sponsor’s use of such materials.

 

10.    INTELLECTUAL PROPERTY

 

Definitions. For the purposes of this section,

• "Intellectual Property Rights" refer to any copyright or other rights over a brand, a design or a model, a patent and, more generally, any element, (including trade secrets and knowhow), that may be protected by national and/or international laws or conventions on intellectual property (“Intellectual Property Rights”)

 

• “Previous Rights” refer to any Intellectual Property Rights and/or any associated know-how held by the Participants before the start date of the Call for Ideas (“Previous Rights”)

 

• “Creations” refer to any software (including source and object code software), database, technical specifications, text, design, model, information, knowledge, method, process or product, as well as any resulting elements and/or processes likely or otherwise to be protected according to national and/or international laws or conventions on intellectual property developed by any Participant as a part of any submitted deliverable throughout the Call for Ideas (“Creations”).

 

Warranty of non-infringement. When submitting any Deliverable, at any stage of the Call for Ideas, each Participant guarantees to Sponsor that he/she is the co/owner and/or co/holder of the Intellectual Property Rights regarding all or part of the Creations  contained in the Deliverables submitted at any stage of the Call for Ideas, and that he/she has obtained all rights and permissions regarding all pre-existing Creations and any elements of the Deliverables for which he/she does not hold the relevant rights.

 

Each Participant guarantees (i) that his/her contribution is original and unprecedented; (ii) that it does not infringe upon the copyright or any Intellectual Property Rights of any third party; (iii) that all the elements of which his/her submissions are formed, as well as all pieces of contributions and information communicated in the submission presentation documents are accurate, reliable and complete; and (iv) that the submission of the relevant Deliverables does not constitute an act of unfair competition of any kind.

 

It is compulsory for Participants to indicate the source of any pre-existing Creations of whichever nature and on whichever support that are included in any submitted deliverable. Any Deliverable involving several Participants constitutes a collaborative work and it should be treated as such in accordance with the applicable regulation in force.

 

Liability. Sponsor cannot be held liable for any infringement of the above provisions by Participants. Each Participant shall indemnify the Sponsor against any disturbance, action, claim, opposition and demand or eviction attempt from any third party in connection with any Creation in the Deliverables (Intellectual Property Rights included).

 

By submitting a Deliverable and participating in this Call for Ideas, you are not granting the Sponsor any rights to any intellectual property supporting all of part of the Deliverable and the Sponsor makes no claim to ownership of your Deliverable or any intellectual property that it may contain.

 

11.     MODIFICATION OF RULES, SUSPENSION AND CANCELLATION OF THE CALL FOR IDEAS

 

Update of the Rules. The Sponsor reserves the right to amend these Rules at any time, including the duration of the Call for Ideas in the event of operational imperatives, without prior notice to Participants regarding the enforcement or the validity of these amendments.  Participants are encouraged to consult these Rules regularly. Participants expressly waive all claims or disputes related to any amendment to these Rules by the Sponsor.

 

Should any paragraph of these Rules be declared or judged illegal, unenforceable or void by a court decision, the paragraph in question will be considered null and void, but all other unaffected paragraphs will be enforced within the limits of the law.

 

Call for Ideas Cancellation or Suspension. The Sponsor reserves the right in its discretion, to (i) cancel, terminate, modify or suspend the Call for Ideas and these Rules, for any reason, at any time and without any liability, and (ii) to limit or restrict participation in the Call for Ideas. The Sponsor will not be held liable for the modification, cancellation or suspension of the Call for Ideas and no compensation or remuneration will be due to the Participants.

 

12.    LIMITATION OF LIABILITY

 

The Sponsor will in no way be held liable in the event of breakdown or failure, regardless of the cause, of any telecommunications network used that causes Participants difficulty in or prevents Participants from identifying themselves on or gaining access to the Call for Ideas website.

 

Participants agree that the Sponsor, its affiliates and all of their respective officers, directors, employees, contractors, representatives and agents (“released parties”) will have no liability whatsoever for, and will be released and held harmless by participants for any claims, liabilities, or causes of action of any kind or nature for any injury, loss or damages of any kind including direct, indirect, incidental, consequential or punitive damages to persons, including without limitation disability or death.  Without limiting the foregoing, everything on the Call for Ideas website and in connection with the Call for Ideas is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, in which case such limitation or exclusion shall apply only to the extent permitted by the law in the relevant jurisdiction.

 

Participation in the Call for Ideas implies acknowledgement and acceptance of the characteristics, limits and risks of the internet and related technologies, particularly with regard to performance, response time, security of software and computer equipment against various potential attacks, such as viruses, logic bombs or Trojans, and loss or misuse of data. As a result, the Sponsor will not be held liable in any way for any damage incurred by the Participant arising from these characteristics, limits and risks, which the Participant accepts by registering and taking part in the Call for Ideas.

 

The Sponsor will not in any case be held liable for damages resulting from faults with or delays in the submission of deliverables by the Participant, including refusal to accept these deliverables as a consequence of their submission outside the deadlines set out in the Rules, from faults with or delays in sending any emails by the Participant as part of the Call for Ideas, or from any alterations made to the deliverables independently of the Sponsor.

 

The Sponsor will not in any case be held liable for damages resulting from services provided by a third party relating to the prizes.

 

The Sponsor will not be held liable for the consequences of a Participant’s disqualification from the Call for Ideas as a result of their violation of these Rules.

 

13.    PERSONAL DATA PROTECTION

 

Participation in the Call for Ideas requires the communication of the Participant's personal data ("Personal Data").

 

 

A Participant’s personal data is subject to processing within the meaning of the regulations on the protection of personal data (The EU 2016/679 General Data Protection Regulation and the Council of 27 April 2016, known as GDPR) for which the Sponsor defines the purposes and means and is, as such, “Data controller” within the meaning of the GDPR.

 

The purposes of the processing are:

• To meet the organization of the Call for Ideas needs
• To organize the intermediation between the Participant and the Sponsor, to ensure identification, communication and preservation of exchanges with the Participant.

 

In accordance with the provisions of the GDPR, the Sponsor undertakes to implement organizational and technical security measures in order to protect all of the Participant’s Personal Data. The Sponsor undertakes these measures to allow the exercise of the Participant’s GDPR rights.

 

14.   CLAIMS

 

Any Participant’s claims arising from the Call for Ideas, should be addressed no later than thirty (30) days following the Call for Ideas end date. All claims must include: (i) the Participant’s complete contact details (name, address, email address and phone); (ii) the name of the Call for Ideas; and (iii) a clear and detailed explanation for the claim.

 

15.    APPLICABLE LAW AND DISPUTE RESOLUTION

 

The Call for Ideas and any action related thereto shall be governed by the laws of Belgium.

 

In case of persistent litigation beyond a period of fifteen (15) days after the Participant has filed a claim, the Sponsor and the Participant undertake to submit their dispute to an amicable conciliation prior to any legal proceedings. The party wishing to initiate conciliation shall inform the other party by means of a registered letter with acknowledgment of receipt in which it will inform of its intentions and will explain the cause. If no agreement is reached between the parties within thirty (30) days after receipt of the registered letter, the parties regain their freedom of action.

 

In the event of persistent disagreement on the application or interpretation of the Rules, and in the absence of an amicable settlement, any dispute that may arise between the parties, will be subject to the exclusive jurisdiction of the courts in Brussels (French speaking chambers) to which the parties expressly grant jurisdiction, even in the case of multiple defendants, in summary proceedings, appeal by guarantee or by motion, or any other jurisdiction.