Concept Challenge

Terms & Conditions

This incentive-based competition ("Concept Challenge”) is conducted as part of the Rio Tinto Open Innovation Process, sponsored by Rio Tinto (“Sponsor”). Your (“Innovator”) participation in the Concept Challenge constitutes your acceptance of these Terms & Conditions. 

1. Eligibility
   1. Unless otherwise specified, this Concept Challenge is open to individuals, teams or companies.
   2. For teams or companies, a primary contact must be designated for the duration of the Concept Challenge and any follow-up communications. 
   3. To be eligible individuals must be at least 18 years of age as of the day they accept to participate in the Concept Challenge and not be employee(s) of Rio Tinto or any company, partnership, joint venture or other corporate entity that, whether directly or indirectly, controls, is controlled by, or which is under the same management or control of either Rio Tinto Limited (ABN 96 004 458 404) or Rio Tinto plc (Company No. 719885) ("Rio Tinto Group”)).
       
2. Submission
   During the Concept Challenge, Innovator may submit to Sponsor written materials ("Concept Submission”), including a project plan, in response to any submission requirements and evaluation criteria made available by Sponsor in the Concept Challenge Guidelines or directly by Sponsor. Innovator agrees:
   1. that the Concept Submission, and any content or ideas contained therein, is their own original work and does not infringe third party rights, including but not limited to rights protected under applicable copyright or patent laws;
   2. not to disclose any confidential information in the Concept Submission or communications with Sponsor. For the avoidance of doubt, no Concept Submission or communications with Sponsor, or any other information or material submitted by Innovator to the Sponsor, will be treated as confidential by Sponsor, even such Concept Submission, communications, information and/or materials that are marked “confidential”. Sponsor recommends that Innovator seek independent legal advice if they have any concerns about confidentiality prior to submitting a Concept Submission;
   3. to submit one Concept Submission that represents their best idea (although multiple entries will be permitted at the sole discretion of the Sponsor); 
   4. to provide reasonable assistance and additional information concerning the Concept Submission to Sponsor, if requested; and
   5. that they remain the owner of the Concept Submission, and any content, intellectual property rights or ideas contained therein, but that the Sponsor may use the content, intellectual property rights or ideas in the Concept Submission for its business purposes without attribution or restriction. 
       
3. Judging and Selecting Winner(s)
   During the Concept Challenge, the Sponsor’s judges will select one or multiple winners of the Concept Challenge who will be eligible for a monetary amount (“Concept Award”). Innovator agrees and acknowledges that:
   1. judges’ decisions and award of the Concept Award is final and cannot be appealed or questioned; 
   2. Sponsor is under no obligation to act on a Concept Submission or to provide Innovator with reasons in the event of a rejection; 
   3. Sponsor reserves the right to disqualify any Innovator for any reason at any time; 
   4. Sponsor will be the sole decision-maker in determining the viability of any Concept Submission; 
   5. Sponsor otherwise has absolute discretion to determine whether the judges will or will not award a Concept Award, how many Concept Awards will be awarded, and the amount of any Concept Award; 
   6. if Innovator is eligible for a Concept Award, the Innovator further agrees:
      1. to participate in the related Feasibility Challenge, being a further incentive-based competition conducted as part of the Rio Tinto Open Innovation Process, sponsored by Rio Tinto, which will be conducted under the Feasibility Challenge Terms & Conditions (see here); 
      2. that the Concept Award must be used by the Innovator for the purposes of development work in support of the Feasibility Challenge, for the benefit and development of the Feasibility Challenge Submission; 
      3. to update the project plan from the original Concept Submission, related to development work to be undertaken during the Feasibility Challenge, addressing any questions raised by Sponsor, including the key tasks, timeline, resources and how the Concept Award would be spent to support Innovator’s Feasibility Challenge efforts;
      4. to sign a mutual non-disclosure agreement and, if required, a material transfer agreement (which will be made available to Innovator upon request) with Sponsor for the purposes of development work in support of the Feasibility Challenge, for the benefit and development of the Feasibility Challenge Submission; and
      5. that any Concept Award will be disbursed according to the following schedule:
         1. 50% of the Concept Award following the Sponsor’s announcement of the winners and the Innovator accepting the Feasibility Challenge Terms & Conditions, delivery of updated project plans and signing of mutual non-disclosure agreement and/or material transfer agreement (if required) with Sponsor; and 
         2. the remaining 50% of the Concept Award after Sponsor’s receipt of Feasibility Submission in the Feasibility Challenge, in accordance with the Feasibility Challenge Terms & Conditions. 
      6. if Innovator is eligible for a Concept Award, but does not agree to the matters outlined in paragraph (f)(i) to (v) above, the Innovator will be announced as a winner of the Concept Challenge, but will not receive a Concept Award. 
          
4. Indemnification, Disclaimer
   1. Innovator (and each of them) agrees to indemnify and hold harmless the Sponsor, the Rio Tinto Group and personnel, and any individuals or organizations supporting facilitation of the Concept Challenge, in relation to anything arising from the Concept Challenge. 
   2. In no event shall Sponsor or the Rio Tinto Group be liable to Innovator for any consequential, incidental, indirect, special, punitive or exemplary damages (including, without limitation, lost profits, business or goodwill) suffered or incurred by such party in connection with the Concept Challenge, even if advised of the possibility of such damages.
       
5. General 
   1. Sponsor reserves the right to cancel, suspend and/or modify the Concept Challenge or the Rio Tinto Open Innovation Process, or any part of it, for any reason and at any time, acting reasonably, without incurring any liability.
   2. If any conflict or inconsistency arises between these Terms & Conditions and any other terms made available to Innovator during the Concept Challenge, these Terms & Conditions take precedence.
   3. Many governments regulate the export of certain technical data and information. Before submitting technical details of a technology, Innovator must research applicable Export Control laws or seek professional advice to assure Concept Submission remains Export Control compliant. By submitting such details, Innovator certifies that such technical information is not restricted for export.
   4. The formation, existence, construction, performance, validity and all aspects of these Terms & Conditions shall be governed and interpreted in accordance with laws of Quebec and in the event of any dispute arising in relation to these Terms & Conditions or any dispute arising in relation to the website whether in contract or tort or otherwise the courts of Quebec will have non-exclusive jurisdiction over such dispute.
   5. This agreement, all documents, correspondence and notices related hereto are written in English at the express request of the parties. Cette entente et tous les documents, correspondance ou avis s’y rapportant sont rédigés en anglais à la demande expresse des parties.
   6. If you have a question about the Rio Tinto Open Innovation Process please contact martin.theberge@riotinto.com. 
   7. Rio Tinto reserves the right to modify these Terms & Conditions at any time without prior notice. 
   8. By submitting a Concept Submission and personal data to Sponsor, Innovator agrees to the Sponsor’s Privacy Policy.