The Medtronic APAC Innovation Competition (MAIC) (hereinafter referred to as the “Challenge”) shall be governed by the rules set out herein (hereinafter referred to as the “Rules”) The Challenge is sponsored by a Medtronic group company, Covidien Private Limited (hereinafter referred to as the “Sponsor”). These Rules set out the terms and conditions governing your participation in the Challenge. To participate in the Challenge, you must fully and unconditionally agree to comply with these Rules. If you do not agree with any of these Rules, you will not be eligible to register for, or participate in, this Challenge.

 

1.     DURATION OF THE CHALLENGE

The Challenge begins on [October 14, 2021] at [12:00pm] [GMT+8] and ends on [March 16, 2022] at [11:59pm] [GMT+8]. Dates and time referred to in the Rules indicate Singapore Time (SGT). The Challenge will be accessible 24 hours every day on the dedicated Challenge website operated by Agorize SAS at [http://MAIC.medtronic.com] (hereinafter referred to as the “Challenge website”). Notwithstanding anything to the contrary in these Rules, to the maximum extent permitted under applicable law, the Sponsor shall not be liable for any problem in accessing or using the Challenge website caused or contributed to by (a) Internet congestion, slowdown, or unavailability, (b) any virus, trojan horse, malicious or unauthorised code, (c) any act or omission by the Participant or any third party, (d) any hardware, software, connection, equipment, system or infrastructure of the Participant or any third party, (e) any circumstances beyond the reasonable control of the Sponsor, or (f) any routine or emergency maintenance of the hardware, software, equipment, system or infrastructure used in connection with the provision or operation of the Challenge website.

 

2.     PARTICIPANT’S ACKNOWLEDGEMENT TO THE RULES

1. Any entity including but not limited to startup organizations and small and medium sized enterprises (SMEs), company or business entity who registers on the Challenge website and enrolls to participate in the Challenge (“Participant” or “You” or “Your”), is required to review and accept these Rules.
2. By accessing and accepting these Rules, You:
1. enter into a valid and enforceable contractual relationship with the Sponsor regarding Your participation in the Challenge. The registration and enrolment in the Challenge does not set up any sort of partnership or subordination relationship between the You and the Sponsor, and
2. fully and unconditionally agree to comply with these Rules.
3. In case of non-compliance with these Rules, the Participant will be immediately disqualified from the Challenge and no prize will be awarded to any such disqualified Participant.

 

3.     REGISTRATION AND PARTICIPATION IN THE CHALLENGE

1. To take part in the Challenge, we must receive Your completed registration by November 26, 2021 at 11:59pm (SGT).
2. To register, the Participant must first have created a user account on the Challenge website and must have truthfully and accurately filled in all required information, such as full name, email address, etc., as required.
3. Any registration based on inaccurate, false or incomplete information will result in the Participant’s disqualification.
4. Participants who do not consent to their Personal Data being collected, recorded or used solely for the purpose of the Challenge, as more particularly set out in Section 14 of the Rules, will not be able to participate in the Challenge.
5. Participants are solely responsible for the information they provide when registering. Any intentional or unintentional mistake, anomaly or inconsistency, regarding their information, may result in the Participant’s disqualification.
6. The Sponsor reserves the right to request the Participant to provide all necessary verifications regarding the Participant’s identity including but not limited to the Participant’s certificate of incorporation/registration (if applicable), proof of postal and address etc. and failure to provide such information to the Sponsor’s satisfaction will result in the Participant’s disqualification.
7. Deletion of a Participant’s user account on the Challenge website will be deemed as a withdrawal from the Challenge. In this case, the Participant, regardless of whether the deletion results from the Participant’s personal action or not, will not participate in the Challenge, and will not be eligible to participate in the future rounds of the Challenge or be awarded any award (if applicable).
8. You must also have accepted the Rules as well as the Terms and Conditions of Use of the Challenge Website and the Privacy Policy, during the creation of Your user account and Your registration to the Challenge.
9. Registration for and participation in the Challenge is free, with no payment obligation.

 

4.     ELIGIBILITY FOR PARTICIPATION AND VERIFICATION

1. Participants must meet the following eligibility criteria to participate in this Challenge:
   
   Any business entity, regardless of its business area and scope of operations, other than business entities of or under the control of employees of the Sponsor and/or Agorize SAS or their direct family members (spouse, parent and children).
   
   Any doubt or uncertainty as to the scope or application of the eligibility criteria shall be finally resolved by the Sponsor in its sole discretion.
2. During the registration process, the Participant must designate one authorised representative for contact purposes with the Sponsor. This authorised representative will be responsible for acting on behalf of the Participant to register and participate in the Challenge. The Participant represents and warrant to the Sponsor that (i) the person registering and acting on its behalf for the Challenge is an authorized representative of the Participant, (ii) it has obtained or will obtain all necessary rights (including without limitation Intellectual Property Rights) and approvals for and in connection with its participation, Ideas (as defined below) and Deliverables (as defined below) for the Challenge (iii) the person has the power and capacity to participate in the Challenge and such participation does not breach any contract or other legal right of whatsoever nature.
3. Participants may be required, in Sponsor’s sole discretion and to Sponsor’s sole satisfaction, to provide charter or constituent documents of the Participant and proof of (i) company or business registration from the relevant authority and (ii) application for business entity registration made within the last 1 year with the relevant authority.
4. The Sponsor is entitled to request for any documents to verify the Participant’s eligibility at any time before or during the Challenge and/or prior to the award of prize for the Challenge, and the Participant shall promptly provide such requested documents to the Sponsor.
5. This Challenge is not open to employees the Sponsor and Agorize SAS and their direct members of their families, including their spouses, parents and children.
6. This Challenge is void in countries where the Challenge is prohibited or restricted by law.

 

5.     ELIGIBILITY FOR PARTICIPATION AND VERIFICATION

1. For the purpose of the Challenge, Participants will have to submit Deliverables (defined below) containing Ideas (defined below) that meet the Sponsor’s requirements set out in the Sponsor’s brief accessible through the Challenge website [http://MAIC.medtronic.com] (“the Brief”). The Brief includes the Sponsor’s requirements on the scope of Ideas to be submitted for the Challenge including but not limited to products and solutions in the field of medical technology etc.
2. Before submitting any Idea for the Challenge, You agree and acknowledge that: For the purpose of this section, Sponsor would mean the Sponsor and/ or any of its group companies;
1. the Sponsor invests heavily in research and development to create many ideas and develop new products/ services. Thus, some ideas the Sponsor receives may have been previously disclosed to the Sponsor by others or developed by the Sponsor but may not yet have been included in a marketed product or service. Sponsor assumes no obligation to inform You of any knowledge or discoveries it has about the ideas that are the same as or similar to Your Idea. Further, by receiving and evaluating Your Idea, Sponsor is not representing or in any way implying that Your Idea is new, useful, and/or non-obvious.
2. each Idea originated from You and (i) You have not assigned/transferred, and are not under any duty to assign/transfer, the Idea to another, (ii) You are the sole owner of the Idea (iii) there are no pending or anticipated claims against the Idea, and (iv) You have the full right to negotiate and agree with the Sponsor concerning the Idea.
3. the Sponsor is under no obligation to use the Ideas submitted by the Participants. Also, the Sponsor assumes no obligation to act in a consultative capacity regarding patentability, ownership, or commercial value or potential of the Ideas submitted.
4. the Sponsor is entitled to keep and retain all documents, samples, models, and/or any similar related material including but not related to the Deliverables submitted by You and is under no obligation to return them, unless otherwise agreed between the Sponsor and You.
5. Subject to clause (f), unless otherwise agreed between the Sponsor and the Participant, the Participant is free to disclose the Idea to other parties..
6. The Ideas and the Deliverables submitted by the Participants will not be considered confidential until the Participant enters Final Round. Once the Participant enters the Final Round and discusses the Ideas and Deliverables with the Sponsor, such discussions with the Sponsor and the Ideas and Deliverables presented in the Final Round would be confidential. The Participant shall ensure that the confidentiality of the Idea is protected until the Sponsor completes its review of the Participant’s submission and informs the Participant of the outcome of its participation in the Challenge. If the Participant does any act that compromises the confidentiality of the Idea while under review by the Sponsor (in round 3), the Participant shall promptly inform the Sponsor of such disclosure.
7. Notwithstanding anything in these Rules, the Sponsor is entitled to disclose any Deliverable and Idea to any employee in the Sponsor group of companies and the Judges, without liability.

 

6.     DELIVERABLES

1. To participate in the Challenge, Participants may upload their Ideas (relating to the Challenge and in line with the Brief) by way of written submissions or other materials, such as presentations and videos in accordance with these Rules below (collectively referred to the “Deliverables”) : For the purpose of this section, Sponsor would mean the Sponsor and/ or any of its group companies;.
2. 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 must comply with the provisions of these Rules.
3. If a Deliverable cannot be downloaded or is not in the correct format or is incompatible with the standard operating systems or illegible or unintelligible, the Deliverable will be not be considered and the Participant will be disqualified.
4. By submitting a Deliverable, the Participant acknowledges the following:
1. the Deliverable includes only exclusive contribution from the Participant and that the Participant (i) is not under any duty to assign/transfer the Deliverable to another, (ii) is the sole owner of the Deliverable (iii) have not assigned the Deliverable to another, that there are no pending or anticipated claims against the Deliverable, and that (iv) has the full right to negotiate with the Sponsor concerning the Deliverable (if applicable).
2. In the event 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 Sponsor the rights mentioned herein have been obtained. The existence of uncredited third-party contribution in the Deliverable will result in the disqualification of the Participant who has submitted such Deliverable;
3. The Sponsor is under no obligation to use the Deliverables submitted by the Participants. Also, the Sponsor assumes no obligation to act in a consultative capacity regarding patentability, ownership, or commercial value or potential of the Deliverables submitted. However, no other individual and/or entity other than the Participant and the Sponsor is entitled to claim any rights from the use of the Deliverable; and
4. 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 right. Any Deliverables or part of Deliverables suspected of any infringement of law(s) and/or any third party’s right will be not be considered for evaluation and such Participant will be disqualified.
5. 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.     CHALLENGE PROCESS AND TIMELINES

1. The Challenge consists of 3 rounds:
1. Round One. Deliverables will be accepted from [October 14 2021, 12:00pm] to [November 26, 2021, 11:59pm SGT]. At the end of this Round, up to [25] winning Participants will be selected to proceed to Round Two.
2. Round Two. Deliverables will be accepted from [December 16, 2021, 12:00pm] to [January 9, 2022, 12:59pm SGT]. At the end of this Round, up to [10] winning Participants will be selected to proceed to the Final Round.
3. Final Round. Participants are not required to upload any Deliverable on the Challenge website for the Final Round.
2. Timeline for submission of Deliverable: If a Participant does not upload a Deliverable on the Challenge website before the timelines provided above, this non-compliance will be considered as a withdrawal from the Challenge. The Participant may not be able to participate in the Challenge.
3. Evaluation Criteria: Deliverables will be evaluated according to the selection criteria, described below. You agree and acknowledge that the Challenge relies on Your creativity, capacity, ability, and ingenuity to solve difficult problems relating to the issues outlined in the Brief. The Challenge 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, place of residence, gender, race, religion, membership in a trade union, political opinions or sexual orientation considered for evaluation.
4. Notification to Participants: Once evaluation of the Deliverables have been completed, Participants will be notified by email of the results of each round. The Sponsor will be free to alter the dates on which results are released. The ranking decided by the judges including the names of the Participants who qualify for the future rounds will be announced by the Sponsor in the Challenge website as well.
5. Round One
   Participants must submit their Deliverables for round one before November 26, 2021 at 11:59pm SGT. Deliverables must meet the requirements set out in the Brief and the Rules including but not limited to Section 5 and 6 of these Rules , and may include:
   • A maximum 15-slide presentation of the Participant’s Ideas, in PPT or PDF format.
   • An introduction of the Participant based on the questionnaire to be filled at the time of registration.
   The judges for the Challenge shall include members of Sponsor including but not limited to leadership teams, business leaders as well as industry veterans and other members as may be decided by the Sponsor in its sole discretion (the “Judges”). The Judges shall evaluate and select the Deliverables based on the following selection criteria, including but not limited to:
   • Relevancy: How well does the Deliverable respond to the specific need(s) set out in the Brief?
   • Feasibility: How feasible is the Idea including the product/ solution to be put into practice? Will the solution be sustainable over the long term? How strong is the management team dealing with the Idea?
   • Impact: What are the addressable markets/ countries where the Ideas including the product/ solution can be commercialized? What is the market potential? How broad is the impact of commercializing the Idea?
   • Country: Is the Participant based out of Asia Pacific region? Priorities will be given to companies with offerings value adding to Asia Pacific and/ or headquartered in the Asia Pacific region.
   A maximum of 25 Participants with the highest score at the end of this round will proceed to future rounds. The voting by the Judges for this round will take place from [November 29, 2021, 9:00am SGT] to [December 15, 2021, 6:00pm SGT]. The decision by the Judges are final and not appealable.
6. Round Two
   Participants who have been selected to participate in the round two will be directly notified by email to the address provided during registration.
   
   All Deliverables for round two must be submitted before [January 9, 2022, 11:59pm SGT]. Round two Deliverables must meet the requirements set out in the Brief and the Rules, including without limitation Sections 5 and 6, above, and shall include:
   • A maximum 10-slide presentation of the Participant’s Ideas in PPT format.
   • 15 min oral presentation of the Ideas by the Participants including a session of questions and answers between the Judges and the Participant.
   The Judges shall evaluate the Deliverables based on the following criteria, including but not limited to:
   • Innovation: How innovative is the Idea including the product/ solution in its use of new or existing technology to solve the issue described in the Brief? Are there other similar solutions available in the intended market? If so, how is the Idea different from the existing solutions available?
   • Feasibility: How feasible is the Idea including the product/ solution to be commercialized? What is the roadmap for business growth? Will the proposed growth plan be sustainable over long term?
   • Impact: What are the addressable markets/ countries where the Ideas including the product/ solution can be commercialized? What is the market potential? How broad is the impact of commercializing the Idea?
   • Clarity: How well the Participant articulates the Idea including the product/ solution including the potential the Idea has in the event the Sponsor proposes to partner with the Participant.
   Voting by the Judges for round two will take place from [January 18, 2022, 9:00am SGT] to [January 20, 2022, 11:59pm SGT].
   
   A maximum of 10 Participants with the highest score at the end of this round will proceed to the next round. The decision by the Judges are final and not appealable.
7. Final Round
   Participants who have been selected to participate in the final round will be directly notified by email to the address provided during registration.
   
   The final round consists of an oral presentation of the Ideas by the Participants. Participants are not required to upload a Deliverable to the Challenge website before the final round.
   
   However, Participants must prepare a Deliverable which meets the requirements set out in the Brief and these Rules, including without limitation Sections 5 and 6 above, and which shall include:
   • A document describing their Idea and presenting, for example, the problem it tackles, the proposed solution, its impact and its business model.
   • Oral presentation by the Participants followed by a round of questions and answers between the Judges and the Participants.
   At the end of the final round, the Judges will choose at least 5 winning Participants. Voting by the Judges for Final Round will take place from [March 15, 2022, 9:00am SGT] to [March 16, 2022, 11:59pm SGT].
   
   The winners will be evaluated based on technical risks involved, amount of investment capital required, the time and approvals/ licenses required to import/market the products/ solutions and a variety of other market and business considerations. The decision of the Judges are final and non-appealable.

 

8.     AWARDS/ PRIZES

• The Deliverables comply with the Brief and these Rules including but not limited to Sections 5 and 6 above;
• Each Participant of the winning team complies with the Brief and these Rules including but not limited to Sections 9 and 11 below.
• Participants fulfil the conditions of eligibility mentioned in these Rules including but not limited to Section 4 above.

1. Winners of the final round: A maximum of 5 winners in the final round of the Challenge, with the most number of votes from the Judges will be awarded:
   1. A partnership with Medtronic for a commercial pilot valued up to US$200,000 per winning Participant (on terms and conditions to be provided by the Sponsor). The award amount by the Sponsor for exploring opportunities of partnership with the winning Participants are solely at the discretion of the Sponsor.
   2. In the event that terms of partnership are not agreed between the Participant and Sponsor, a cash award valued at US$10,000 will be awarded per winning Participant.
2. Participants in the final round: A maximum of 10 Participants with the most number of votes from the Judges will be awarded the following, after round two and prior to the commencement of the final round:
   1. 1:1 discussion with the Sponsor for business case development for the final round;
   2. Opportunity to present the Ideas including products and solutions by way of virtual booths during the Sponsor’s APAC Innovation Conference.
   
   The Participants agree and acknowledge that:
   1. No assignment or transfer of awards/prizes is allowed by a winner and/or a finalist. If a potential winner cannot be reached, is unable to accept the award/prize or any portion of the award/prize for any reason, Sponsor shall have no further obligation to such potential winner. Sponsor will not replace any lost or stolen awards/prizes after they have been awarded to winners. Winners and finalists will accept the awards/prizes “as-is”. Sponsor disclaims any express or implied warranty regarding the awards/prizes.
   2. In the event a Participant cannot be reached, by email or by phone, for more than one (1) week after the date of announcement of the winners/finalists, such Participant will be deemed as having waived their right to claim the prize and will not be entitled to any award/prize or any kind of compensation from the Sponsor.
   3. If the award/prize as initially planned is unavailable, the Sponsor will be free to substitute another award/prize of similar value. Any such decision on the substitution of award/prize is at the Sponsor’s sole discretion and the Sponsor’s decision is final and not appealable.
   4. Any Participant who does not comply with these Rules during their registration and/or at any time during the Challenge will be summarily disqualified from the Challenge without prior notice and will not be entitled to any award/prize or compensation from the Sponsor. Where an individual accepts the award/prize on behalf of the Participant, the Participant represents and warrants that the individual accepting the award/prize on behalf of the Participant is the Participant’s authorized representative.
   5. In the event that an award/prize is given to a Participant who does not, or is subsequently discovered not to, comply with these Rules when registering or at any time during the Challenge, Sponsor reserves the right to require the Participant to return the award/prize.

 

9.     COMMUNICATION

1. The Participant acknowledges and consents that Sponsor may use the information regarding the Challenge for publicity, including without limitation for the Sponsor’s advertising or other marketing purposes, (by any means and through any format (website, advertising banners, social networks, newsletter, press release).
2. In particular, You consent to the use by the Sponsor for the Challenge and for the purposes of Sponsor’s marketing initiatives - of Your name, city and region of Your headquarters/office, the information regarding the award/prize (if You are a winner or finalist), Your name or the name of Your company/ business entity and its distinctive logos (if available) and any other personal data that You submit with Your Deliverables as well as the content of Your Deliverables relating to the Challenge.
3. Each Participant authorizes the Sponsor to use or modify the photographs and videos taken during the any of the rounds or award presentation/ceremony and to publish/disseminate them via any medium; without consulting the Participant and without the Participant’s prior consent. Such use of materials/ photographs does not entitle the Participants to any form of compensation (other than the Prize entitled to the winners and finalists).

 

10.     CONFIDENTIALITY

1. Subject to the terms of these Rules, the Sponsor has no obligation to keep the information contained in the Deliverables confidential. In general terms, when submitting any Deliverables, the Participants understand, agree and accept that any information contained therein may be disclosed by the Sponsor without the Participant’s prior consent.
2. If You are a Participant selected for the final round of the Challenge, the Sponsor may request that You execute a confidentiality/non-disclosure agreement for the purpose of entering into negotiations regarding the further development of Your Ideas, as described in Your Deliverable.
3. 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 Idea and/or the information contained in any of the Deliverables. 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.
4. The Participants recognize 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, information that is the same or similar to any piece of information contained in any of the Deliverables. Hence, the Participants acknowledge, agree and accept that the Sponsor shall have the right to use such same or similar information, and that the Participants will not be entitled to any compensation arising from the Sponsor’s use of such information.

 

11.     INTELLECTUAL PROPERTY

1. Definitions. For the purposes of this section,
1. "Intellectual Property Rights" refer to any copyright or other intellectual property rights whether included in the Idea and Deliverable or otherwise and over a brand, a design or a model, a patent and, more generally, any element including but not limited to trade secrets and knowhow, that may be protected by national and/or international laws or conventions on intellectual property;
2. “Ideas” refer to any ideas, concepts, information, data, 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 the Deliverable.
2. When submitting any Deliverable, at any stage of the Challenge, each Participant guarantees to Sponsor that the Participant is the owner and/or licensee of the Intellectual Property Rights regarding all or part of the Ideas contained in the Deliverables submitted at any stage of the Challenge, and that the Participant has obtained all rights and permissions in connection with the Ideas and Deliverables and all elements thereof to submit them for the Challenge, to comply with these Rules and for the Sponsor to use them (if applicable) as described in these Rules .
3. Each Participant guarantees (i) that the Participant’s contribution is original; (ii) that it does not infringe upon the Intellectual Property Rights of any third party; (iii) that all the elements of Ideas and Deliverables 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 or breach of any other law.
4. It is compulsory for Participants to indicate the source of any pre-existing Ideas 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 laws in force.
5. The Sponsor cannot be held liable for infringement of any of the above provisions by Participants. Each Participant indemnifies the Sponsor against any action, claim, opposition, demand, losses, damages, costs or expenses (including without limitation full legal expenses on an attorney-client basis) arising under any cause of action whatsoever (whether in contract, tort including negligence, at law and/or in equity) out of and/or in connection with any act and/or omission by the Participant and/or any actual or alleged infringements of any third party’s Intellectual Property Rights.
6. If You are a Participant who has been selected as one of the top 5 winners in the final round, the Sponsor may request that You execute an assignment/ licensing/ sharing of Intellectual Property Rights agreement with the Sponsor and/or any of the Sponsor group companies, based on mutually agreed terms and conditions.

 

12.     MODIFICATION OF RULES, SUSPENSION AND CANCELLATION OF THE CHALLENGE

1. Update to the Rules. The Sponsor reserves the right to amend these Rules at any time, including without limitation the Challenge duration, without the Participants’ prior consent. It is each Participant’s responsibility to check these Rules for any amendments and the Participant’s continued participation in the Challenge after the effective date of the amendments shall be deemed to be the Participant’s acceptance of those amendments. To the maximum extent allowed under applicable law, each Participant expressly waive all claims or disputes related to any amendment to these Rules by the Sponsor.
2. Should any provision of these Rules be declared or judged illegal, unenforceable or void by a court decision, the provision in question will be considered null and void, but all other unaffected paragraphs will be enforced within the limits of the law.
3. Cancellation or Suspension of the Challenge: The Sponsor reserves the right in its discretion, to (i) cancel, terminate, modify or suspend the Challenge and these Rules, for any reason, at any time and without notice and any liability, and (ii) to limit or restrict participation of any Participant in the Challenge. To the maximum extent allowed under applicable law, the Sponsor will not be liable for any modification, cancellation or suspension of the Challenge and no compensation will be due to the Participants.

 

13.     LIMITATION OF LIABILITY

1. The Sponsor and/ or any of its group companies will in no way be held liable in the event of breakdown or failure, regardless of the cause, of any network used that causes Participant’s difficulty in or prevents the Participants from gaining access to the Challenge website.
2. Participants agree that to the maximum extent allowed under applicable law, the Sponsor including but not limited to its affiliates and all of their respective officers, directors, employees, contractors, representatives and agents will have no liability for and/or in connection with a Participant’s participation in the Challenge whatsoever, and will be released and held harmless by the 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 Challenge website and in connection with the Challenge is provided “as is” without warranty of any kind, whether 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.
3. Each Participant acknowledges and accepts 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, to the maximum extent allowed under applicable law, the Sponsor will not be held liable in any way for any damage incurred by Participants arising from these characteristics, limits and risks, which Participants accept by registering and taking part in the Challenge.
4. The Sponsor will not in any case be held liable for damages resulting from faults with or delays in the submission of Deliverables by Participants, including but not limited to refusal to accept these Deliverables as a consequence of their submission outside the deadlines set out in the Rules.
5. The Sponsor will not be held liable for the consequences of a Participant’s disqualification from the Challenge as a result of their violation of these Rules.

 

14.     PERSONAL DATA PROTECTION

1. Participation in the Challenge requires the communication of the Participant's personal data including full name, designation, email and phone number ("Personal Data"). Participant’s personal data would be used for the purpose of administering and publicizing this Challenge and any awards/prizes arising out of this Challenge. The purposes of the processing of such Personal Data are to:
   1. meet the requirements of the Challenge ; and
   2. organize the intermediation between the Participant and the Sponsor, to ensure identification, communication and preservation of the exchanges with the Participant for the Challenge.
2. In accordance with the provisions of the applicable law, the Sponsor shall protect the Participant’s Personal Data to the best of the Sponsor’s ability. The Participants agree and acknowledge the acceptance of the Sponsor’s privacy statement which is available at https://asiapac.medtronic.com/xp-en/privacy-statement.html

 

15.     CLAIMS

Any claims arising from the Challenge, should be sent by the Participant no later than thirty (30) days following the Challenge end date to [rs.MAIC@medtronic.com]. All claims must include: (i) the Participant’s complete contact details (name, address, email address and phone number); and (ii) a clear and detailed explanation of the claim.

 

16.     APPLICABLE LAW AND DISPUTES RESOLUTION

The Challenge and any action related thereto shall be governed by the laws of Singapore. Conflict between the Participant and the Sponsor shall be resolved amicably by mutual discussions.

In case of any unresolved dispute that may arise between the Sponsor and the Participant , the Sponsor and Participant shall submit to the exclusive jurisdiction of the Singapore courts.

 

17.     CONFLICTS AND INCONSISTENCIES

In the event of any conflict and/or inconsistency between the Rules and/ or any other information/ material including and not limited to the Brief, FAQ (on MAIC) available on [https://maic.medtronic.com/en/challenges/maic/pages/faq?lang=en], the Rules will prevail to the extent of conflict and/or inconsistency.