PLEASE READ THIS CAREFULLY! You ("Innovator”) and MaRS Discovery District ("Challenge Sponsor”) are entering into this Challenge-Specific Agreement ("CSA”) for this particular incentive-based competition ("Challenge”) only. In order to participate in this Challenge, Innovator must accept these terms, and therefore should take the time to understand them.
If Innovator clicks "Accept" and proceeds to register for this Challenge, this CSA will be a valid and binding agreement between Innovator and Challenge Sponsor and is in addition to the existing HeroX Terms of Use for all purposes relating to this Challenge. Innovator should print and keep a copy of this CSA. No provisions that Innovator may have agreed to that are specific to any other individual challenge will apply.
MaRS Healthy Behaviour Challenge Rules
Mars Discovery District (“MaRS”) is pleased to present the Healthy Behaviour Data Challenge (the “Challenge”).
The Challenge is governed by the rules set out below. By entering the Challenge, you agree to abide by the rules and decisions of MaRS and the Challenge judges. You also agree to comply with all applicable laws. The Challenge is void to the extent prohibited or restricted by law.
THE RULES
The Challenge will be carried out in two phases.
During phase 1, participants will ideate a prototype that will potentially be able to access data that was previous unattainable, or unknown, as well as data that is well known. The prototype should cover three specific areas of interest: sleep, physical activity, and sedentary behaviours. Concepts must propose data sources and approaches for aggregating data from wearable devices, mobile applications, social media and other means.
During phase 2, invited innovators will develop and implement their prototype and evaluate its feasibility.
Additional details regarding the Challenge, and the requirements and judging criteria for all entries, are described at www.herox.com/healthdatachallenge (the “Requirements”).
Phase 1 of the Challenge will begin on April 27, 2017 and end on August 4, 2017 at 5:00 pm Toronto time.
Phase 2 of the Challenge will begin on October 9, 2017 and end on January 15, 2018 at 5:00 pm Toronto time.
You may enter the Challenge by registering at www.herox.com/healthdatachallenge (the “Registration”), completing and agreeing to all required contracts as described at that link, and then submitting all documents and information described in the Requirements, including your Prototype proposal and other documentation (collectively, your “Submission”). You must enter all information accurately, and you must accept the terms and conditions displayed as part of the registration process.
Submissions can be from a single individual or a team, as described in the Requirements.
Submissions for phase 1 must be received by MaRS on or before August 4, 2017 at 5:00 pm Toronto time. Submissions for phase 2 must be received by MaRS on or before January 15, 2018 at 5:00 pm Toronto time. Late or incomplete submissions will not be accepted.
It is solely your responsibility to ensure that you are properly registered and entered. MaRS will not be responsible for any lost, delayed, misdirected, illegible, incomplete, damaged or undeliverable entries, or any delay or failure to transmit, process, receive or consider entries.
You are not required to make any purchase or pay any fee to enter or win the Challenge.However, you are solely responsible for all expenses you incur in connection with your Submission and Prototype.
You may only enter the Challenge if you are an individual and, at the time of entry: (1) you are a legal resident of Canada and (2) you are at least 18 years old or the age of majority in the province where you reside, and (3) you are not an employee of MaRS, the Canadian Institutes for Health Research, or the Public Health Agency of Canada, and you are not the immediate family member of any such employee.
MaRS may at any time in its sole discretion disqualify any entrant who: does not meet the Challenge’s eligibility criteria, fails to comply with these rules, attempts to enter the Challenge in any manner or through any means other than as described in these rules, attempts to disrupt the Challenge or attempts to circumvent any of these rules.
Your Submission, and the prototype you design and develop in connection with the Challenge (the “Prototype”), must meet the criteria described in the Requirements (linked above). MaRS may disqualify any Submission or Prototype entry if MaRS determines in its sole discretion that the Submission or Prototype does not comply with the above requirements or otherwise with these rules.
You represent and warrant that:
During phase 1, MaRS’ judges, in their sole discretion, will select the top 9 Submissions that comply with the Requirements. The selection will be made by October 2, 2017. Decisions of the judges will be final and binding.
Subject to compliance with section 9 below, the selected Submissions will then be eligible to participate in phase 2 of the Challenge, during which the participants may implement their Prototypes.
At the end of phase 2, MaRS’ judges, in their sole discretion, will select the top 3 Prototypes that comply with the Requirements. The selection will be made by March 1, 2018. Decisions of the judges will be final and binding.
Only Submissions and Prototypes that meet the requirements in these rules and in the Requirements will be judged. If there are fewer than 9 eligible Submissions at the end of phase 1, then only those eligible Submissions will be eligible to proceed to phase 2. If there are fewer than 3 eligible Prototypes at the end of phase 2, then only those eligible Prototypes will be selected as potential winners of phase 2.
Participants who have been selected to receive a prize will be notified by email, or telephone. In order for a participant to be declared a Challenge winner and be eligible for a prize, he or she must have complied with, and remain in compliance with, these rules, and must sign and deliver to MaRS (within 10 days after MaRS’ request) a standard declaration and release form, which will include: a declaration of the participant’s compliance with these rules, an acceptance of the prize as awarded, a publicity release, a liability release, and any other documentation that MaRS may require.
MaRS may request valid proof of identity, residency, age and other relevant documentation, and MaRS may disqualify a participant if MaRS determines (in its sole discretion) that the provided proof is not sufficient.
If the prize notification is returned as undeliverable or if a selected participant does not comply with all of the above requirements within the above time frames, or does not otherwise comply with these rules, MaRS may disqualify the finalist, and the Challenge judges will select a replacement finalist.
MaRS expect to announce the names of the phase 1 winners on or around October 2, 2017 and the phase 2 winners on or around March 1, 2018
The chances of winning will depend upon the number of entrants.
There are up to 9+3 prizes to be won, with a total approximate retail value of up to CAD $165,000. These prizes will be awarded to the top finalists (as chosen by the Challenge judges) as follows:
Up to 9 prizes of CDN$10,000 for the top Submissions in phase 1;
and
Up to 3 prizes of CDN$25,000 for the top Prototypes in phase 2.
Only Submissions and Prototypes that meet the requirements in these rules and in the Requirements will be judged. If there are fewer than 9 eligible Submissions at the end of phase 1, then the number of prizes will be reduced to the number of eligible Submissions. Likewise, if there if there are fewer than 3 eligible Prototypes at the end of phase 2, then the number of prizes will be reduced to the number of eligible Prototypes.
MaRS and the judges have absolute and sole discretion to determine whether to accept any Submission or Prototype, and whether to award one prize, multiple prizes or no prize based on the volume and content of Submissions and Prototypes. Individuals and teams are solely responsible for any taxes that they might incur from their award.
All prizes must be accepted as awarded (with no substitutions), and may not be sold, transferred, or converted into cash. The winner(s) will be solely responsible for all travel and other costs associated with obtaining or redeeming the prize(s).
MaRS will make reasonable efforts to deliver prizes to the addresses/accounts provided by entrants. However, MaRS cannot guarantee that any prizes returned to MaRS due to non-delivery at the provided address will be re-sent to the prizewinner.
If for any reason MaRS cannot run the Challenge as planned (including as a result of bugs, tampering, unauthorized intervention, fraud, technical failures, infection by computer virus or any other cause that corrupts, impairs or affects the administration, security, fairness, integrity, or proper conduct of this Challenge) MaRS may cancel, modify, extend or suspend the Challenge. In that event, MaRS may award prizes at random from among the eligible entries received up to the time of the impairment, or award no prizes.
MaRS may also disqualify any individual who tampers with or in any way corrupts the entry or judging process, or who attempts to undermine the legitimate operation of the Challenge by cheating, hacking, deception, or other unfair practices, or by attempting to annoy, abuse, threaten or harass any other entrants or MaRS representatives.
You will retain the intellectual property rights in your Submission and Prototype. However, you hereby grant to MaRS the unrestricted, royalty-free, perpetual, irrevocable, worldwide, sublicensable, assignable, licence (but not the obligation) to reproduce, communicate, modify, display, transmit, publicly perform, make derivative works from, and otherwise use the Submission and Prototype (in whole or in part) without any fee or other form of compensation, and without further notification or permission, for the following purposes:
Except where otherwise prohibited by law, participation in the Challenge constitutes a winner’s consent to MaRS’ use of the winner’s name, home town and photograph for promotional purposes without further notification, permission, payment or consideration.
MARS DOES NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE OF ANY PROTOTYPE OR FOR ANY OTHER LOSS OR DAMAGE RESULTING DIRECTLY OR INDIRECTLY FROM YOUR PARTICIPATION IN THE CHALLENGE OR YOUR RECEIPT, USE OR REDEMPTION OF ANY PRIZE(S), OR YOUR INABILITY TO RECEIVE, USE OR REDEEM ANY PRIZE(S).
MARS IS NOT RESPONSIBLE FOR: (1) INCORRECT OR INACCURATE TRANSCRIPTION OF ENTRY INFORMATION OR LATE, LOST, INCOMPLETE, MISDIRECTED ENTRIES, OR ENTRIES RECEIVED THROUGH IMPERMISSIBLE OR ILLEGITIMATE CHANNELS; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING THE MALFUNCTIONING OF ANY TELEPHONE, COMPUTER, NETWORK, HARDWARE OR SOFTWARE; (3) THE UNAVAILABILITY OR INACCESSIBILITY OF ANY SERVICE; (4) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE CHALLENGE; (5) ELECTRONIC OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE CHALLENGE OR THE PROCESSING OF ENTRIES; OR (6) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY, INCLUDING YOUR COMPUTER, WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR PARTICIPATION IN THE CHALLENGE OR FROM DOWNLOADING OR USING ANY MATERIAL PROVIDED BY MARS.
MARS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THE CHALLENGE OR THESE RULES.
YOU HEREBY RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS MARS AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AFFILIATES, AGENTS, JUDGES AND ADVERTISING AND PROMOTIONAL AGENCIES FROM ANY AND ALL DAMAGES, INJURIES, CLAIMS, CAUSES OF ACTIONS, LIABILITY OR LOSSES OF ANY KIND (INCLUDING ACTUAL LEGAL FEES AND EXPENSES), KNOWN OR UNKNOWN, ABSOLUTE OR CONTINGENT, NOW OR IN THE FUTURE ARISING FROM OR RELATED TO: (A) YOUR FAILURE TO COMPLY WITH ANY OF THESE RULES; (B) ANY MISREPRESENTATION YOU MAKE UNDER THESE RULES OR OTHERWISE TO MARS; (C) YOUR PARTICIPATION IN THE CHALLENGE; OR (D) YOUR RECEIPT, USE OR REDEMPTION OF ANY PRIZE, OR YOUR INABILITY TO RECEIVE, USE OR REDEEM ANY PRIZE.
You consent to MaRS using and disclosing your personal information for the purposes of administering the Challenge; advertising the Challenge and any future Challenges and any of MaRS’ products and services; and for the other purposes described in these rules.
The Rules will be governed by and construed in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable in Ontario.
All disputes, claims and causes of action arising out of or connected with the Challenge, prizes or these rules will be resolved individually, without resort to any form of class action, and exclusively by the appropriate court of the Province of Ontario, Canada.
For more information please contact:
MaRS Discovery District
MaRS Centre, South Tower
101 College Street, Suite 100
Toronto, Ontario
M5G 1L7
BY CLICKING ON THE FOLLOWING “I AGREE” BUTTON, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THESE RULES AND AGREE TO BE BOUND BY THEM
