This Challenge is sponsored by [Saga Prefectural Government Office (Address: 1 Chome-1-59 Jonai, Saga, 840-8570, Japan)] (the “Sponsor”). This challenge is managed by Vertex Partners and Agorize Japan entrusted by Saga Prefecture.
The aim of these Rules is to set out the terms and conditions governing your participation in the Challenge. By participating in this Challenge, 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 Challenge and do not submit an entry.
This Challenge begins on [Friday, August 20 2021] and ends on [Monday, February 28 2022] at [23:59] [GMT+9]. The Challenge will be accessible 24 hours a day on the dedicated Challenge website operated by Agorize at [https://saga-innovation.agorize.com/beauty-healthcare-2021] (“the Challenge website”), subject to possible IT maintenance operations. Dates and times in these Rules refer to Japan Standard Time (GMT+9).
AGREEING TO THE RULES
Any eligible person who is registered on the Challenge website and enrolls to participate in the Challenge (“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 Challenge.
- fully and unconditionally agree to comply with these Rules. Participants express their agreement by checking an online box while enrolling for the Challenge.
In case of non-respect of these Rules, the Participant will be immediately disqualified from the Challenge and no opportunity will be awarded.
REGISTRATION AND PARTICIPATION IN THE CHALLENGE
To take part in the Challenge, we must receive your completed registration by [Thursday, September 30 at 23:59 GMT+9.]
To register, the Participant must first have created a user account on the Challenge website, and must have truthfully and accurately completed required 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 collection, recording and use of their personal data that is strictly necessary to performing the Challenge 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 all necessary verifications regarding the Participant’s identity, postal and/or email address.
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 obtain any compensation.
Registration for and participation in the Challenge is free, with no purchase or payment obligation.
This Challenge is open and offered solely to:Domestic:
- Individual Participant. Individuals with full legal capacity at the time of registration.
- Startup. A business entity, regardless of its business area. Startups may be required, in Sponsor’s sole discretion, to provide proof of (i) company registration by submitting a registration certificate issued within the last three (3) months, or ongoing company registration, or any trade registry and proof ensuring the registration of the entity in the relevant country, and (ii) a valid professional insurance policy subscription.
- Startup. A business entity, regardless of its business area, who has an established product or at least prototype (for demos and tests). Startups may be required, in Sponsor’s sole discretion, to provide proof of (i) company registration by submitting a registration certificate issued within the last three (3) months, or ongoing company registration, or any trade registry and proof ensuring the registration of the entity in the relevant country, and (ii) a valid professional insurance policy subscription.
All the documents that may confirm the Participant’s eligibility may be required prior to awarding any opportunities (e.g. identity document, registration certificate. )
This Challenge is not open to : employees and representatives of the Sponsor and Agorize and the members of their families.
This Challenge is void in countries where it is prohibited or restricted by law.
PURPOSE OF THE CHALLENGE AND PARTICIPATION
Participation in the Challenge must be as a Startup.
- Startups. Startup Participants enter the Contest on behalf of their legal business organizations. During the registration process, Startup Participant must designate one individual who is part of the company for contact purposes with the Sponsor. This person will be responsible for registering the Startup at the Challenge and participate in the Challenge on behalf of the Startup. As a Startup participating in this Challenge, you represent and warrant to the Sponsor that such person (i) is an authorized representative of Startup and is participating in the Challenge on behalf of such company, and (ii) has obtained all necessary approvals to enter the Challenge, including all persons qualified to grant any intellectual property rights to Sponsor. Any individual who is employed by a Startup may also submit its participation as an Individual Participant.
The goal of the Challenge is for Participants to submit contributions (or projects) meeting the requirements determined by the Sponsor in the Challenge brief, and that are formalized by deliverables. The brief includes information regarding various deadlines, details of the opportunities , Sponsor requirements etc. (the “Brief”). The Brief is accessible through the Challenge website.
During the Challenge, Participants may upload any documents or other materials (such as texts, presentations, videos, etc.) relating to their project to the Challenge website in response and as a solution to the Sponsor’s Challenge (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 or Japanese, 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 a Startup.
- 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 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.
Challenge Rounds. The Challenge consists of several rounds:
- Round One [Application Phase]. Deliverables will be accepted from [Friday, August 20] to [Thursday, September 30 at 23:59 GMT+9]. At the end of this Round, up to  winning Deliverables will be pre-selected to proceed to Round Two.
- Round Two [Pitching Phase]. Deliverables will be accepted from [Monday, October 11] to [Tuesday, October 26 at 23:59 GMT+9]. At the end of this Round, up to  winning Deliverables will be selected to proceed to the Round Three.
- Round Three [Acceleration Phase]. Selected  startups in Round Two will develop their idea and proposal.
- Final Event. Deliverables will be required from Participants after the final event at the Sponsor’s discretion.
Deliverable. If a Participant does not upload a Deliverable on the Challenge website before the deadline, this will be considered as a withdrawal from the Challenge. The Participant may not join the Challenge, 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 Challenge relies on your creativity, capacity, ability, and ingenuity to solve difficult problems. 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, religion, membership in a trade union, political opinions or sexual orientation considered.
Notification to Participants. Once selection has been completed, Participants will be notified by email, phone, or by other means of the results of each Round. The Sponsor will be free to alter the dates on which results are released should this become necessary due to the number of projects to be assessed.
Round One[Application Phase]
All Round One Deliverables must be submitted before [Thursday, September 30 at 23:59 GMT+9]. Deliverables must meet the specifications set out in Section 6, above, and include:
- Value proposition of your business idea in Japan and the issues it solves. (Max 1500 character)
- The unique features and monetization strategy of the business model you would like to develop (Max 1500 characters)
- What you’d like to achieve throughout the program/ how you expect to leverage the resources in Saga Prefecture to improve your business (Max 1500 characters)
- What are the strengths of your service/product? (Max 1500 characters)
Selection phase following Round One will proceed as follows:
[Criteria based voting]
“Criteria based” voting will take place from [Friday, October 1] to [Monday, October 6].
The voters Sponsor members, (the “Voters”) may evaluate and select the Deliverables based on their content and the following criteria:
- Relevance and addressed issue: Does the idea solve a problem for the market and potential customers?
- Uniqueness: Can the business model create a competitive advantage and how can it be monetised?
- Usage of Saga prefecture resources: What do you want to achieve with the programme? What do you wish to achieve through the use of local resources?
- Team: Does the team have the ability and track record to develop services and drive the business forward to make the idea a reality?
Except as otherwise provided below, the (20) Participants with the highest score at the end of this vote will win this vote and proceed to the next round. The 20 Startups will be selected for the pitching phase and the results will be notified on October 8-12, 2021.
Round Two [Pitching Phase]
Round Two consists of an oral presentation of the projects selected during Round 1 by the Participants.
All Round Two Deliverables must be submitted before [October 26, 2021 at 23:59 GMT+9]. Round Two Deliverables must meet the specifications set out in Section 6, above, and the detail will be communicated to the Participants later on.
The judges will evaluate the pitches based on the criteria below:
- Relevance and addressed issue: Does the idea solve a problem for the market and potential customers?
- Business growth potential: does the business have growth potential?
Uniqueness: Can the business model create a competitive advantage and how can it be monetised?
Feasibility of business expansion: What does the Startup want to achieve with the programme? Is there any potential for setting up/locating/expanding the business in Saga Prefecture and using local resources?
- Team: Does the team have the ability and track record to develop services and drive the business forward to make the idea a reality?
Participants will be informed of the results of the Round Two by [November 4, 2021]. The 10 Participants will be selected.
Round Three [Acceleration Phase]
The acceleration phase is meant to help Startups comprehensively develop their innovative ideas into products that will become world-changing beauty and healthcare businesses with the help of Saga. It will comprise of the following events (more details will be communicated to the selected Startups separately):
- Kickoff | November 15, 2021
The acceleration phase will be presented to the selected 10 Startups during an online event.
- Field tour in Saga prefecture| November 16, 2021 - November 17, 2021
The domestic Startups will visit Saga prefecture for a dew days to get to learn more about Saga prefecture and its natural resources of the cosmetic supply chain during a field tour.
- Online Saga prefecture tour | November 24, 2021 -
The foreign Startups will get to learn more about Saga prefecture and its natural resources of the cosmetic supply chain during an online tour.
- Investor pitch | February 7, 2022
Startups will have the opportunity to pitch their project to local investors, local companies, and the media to raise interest.
Between each event, Startups will be mentored by specialists from the cosmetic industry to further refine their project and prepare for each event and the Final Event.
Participants who have been selected to participate in the Final Event will be directly notified on the Agorize platform. In the event a Participant does not confirm his/her attendance at the final event, the Sponsor reserves the right, at its sole discretion, to disqualify this Participant. This disqualification shall not entitle the Participant to claim any kind of compensation from the Sponsor.
Final Event is planned to be held on February 28 2022, during the Event, the participants will pitch their proposal to the Jury panel for 7 minutes, followed by 10 minutes Q&A.
Participants are not required to upload a Deliverable to the Challenge website before the Final Event.
However, Participants must prepare a Deliverable which meets the specifications set out in Section 6 and the detail will be communicated to the Participants later on.
This document will be used as a presentation document during the oral presentation given by the Participants involved in the Project.
The winners’ selection and results announcement will be done on the day of the final event after the pitching.
The opportunities are awarded to the winners of the Challenge and are subject to compliance with the following cumulative conditions:
- The Deliverables comply with Section 6 (“Deliverables”);
- Each Participant of a winning project complies with Sections 9 and 11;
- It can be proven that the winning Participants fulfil the conditions of eligibility of Section 4.
Subject to these Terms and Conditions, once confirmed by Sponsor, the winner(s) will receive the following opportunities:
- Support for business development in Saga Prefecture and Japan
- Mentoring and expert guidance from Corporate Venture Capitalists,and industry experts to take your business to the next level Events and conferences to gain insights into the Japanese market and Saga Prefecture
- Networking opportunities with investors and corporate representatives in the beauty and healthcare industries in Saga Prefecture.
No assignment or transfer of opportunities is allowed by a winner. If a potential winner cannot be reached, is unable to accept the opportunity or any portion of the opportunity for any reason, Sponsor shall have no further obligation to such potential winner.
In the event a Participant (a winner) cannot be reached, by email or by phone, for more than three (3) months after the first attempt to reach them was made, he/she will be deemed as having waived their right to claim the opportunity and will not be entitled to any kind of compensation.
Any Participant who does not fulfill the conditions of Participation as provided in the 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 opportunity . In the event that an opportunity is awarded to a Participant who does not meet the conditions of Participation when registering or throughout the duration of the Challenge, Sponsor reserves the right to require the Participant to return the awarded opportunities.
The Participant acknowledges and consents that Sponsor may, throughout [the world]and for the duration of the Challenge and for a period of one (1) year following the Final Event use the Challenge 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 unknown to date, free of charge or for a consideration.
In particular, you consent to the use, by the Sponsor, of your name and surname, your city and region of residence, the name of the institution in which you studied or in which you obtained your diplomas and other biographical information, your image, the information regarding the Opportunities (if you are a winner), the name of your company and its distinctive signs (if you are a Startup) and any other personal data that you submit with your Deliverables as well as the content of your Deliverables relating to the Challenge.
As an example, each Participant authorizes the Sponsor to use the photographs taken during the Final to disseminate them via any communication medium.
Such use does not entitle the winner to any other payment than the Opportunity he/she received. The Sponsor agrees to cease use of the aforementioned elements in connection with the Participant at the end of the aforementioned period.
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 publicly disclosed by the Sponsor.
If you are an opportunity winner, 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 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.
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, content that is the same or similar to any piece of information contained in any of the projects. Hence, the Participants acknowledge, agree and accept 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.
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 Challenge (“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 Challenge (“Creations”).
Warranty of non-infringement. When submitting any Deliverable, at any stage of the Challenge, 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 Challenge, 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 from any third party in connection with any Creation in the Deliverables (Intellectual Property Rights included).
[Participant owner of Intellectual Property rights]
By submitting a Deliverable and participating in this Challenge, 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.
MODIFICATION OF RULES, SUSPENSION AND CANCELLATION OF THE CHALLENGE
Update of the Rules. The Sponsor reserves the right to amend these Rules at any time, including the Challenge duration in case 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.
Challenge Cancellation or Suspension. 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 any liability, and (ii) to limit or restrict participation in the Challenge. The Sponsor will not be held liable for the modification, cancellation or suspension of the Challenge and no compensation or remuneration will be due to the Participants.
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 Challenge website.
Participants agree that company, 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 challenge website and in connection with the challenge 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 jurisdiction 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 Challenge implies acknowledgement and acceptance of the characteristics, limits and risks of the internet and related technologies, particularly with regards 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 Participants arising from these characteristics, limits and risks, which Participants accept by registering and taking part in the Challenge.
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 refusal to accept these deliverables as a consequence of their submission outside the deadlines set out in the Rules, from faults with or delays to the sending of any emails by the Participant sent as part of the Challenge, 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 opportunities .
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.
PERSONAL DATA PROTECTION
Participation in the Challenge requires the communication of the Participant's personal data ("Personal Data").
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 Operator 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 challenge needs
To organize the intermediation between the Participant and the Operator, to ensure identification, communication and preservation of the exchanges with the Participant
In accordance with the provisions of the GDPR, Agorize and Vertex Partners undertake to implement organizational and technical security measures in order to protect all Participant’s Personal Data. The Operator undertakes these measures? to allow the exercise of Participants’ rights from GDPR.
Any Participant’s claims arising from the Challenge, should be addressed no later than thirty (30) days following the Challenge end date to [firstname.lastname@example.org, email@example.com, firstname.lastname@example.org]. All claims must include: (i) the Participant’s complete contact details (name, address, email address and phone); (ii) the name of the Challenge; and (iii) a clear and detailed explanation for the claim.
APPLICABLE LAW AND DISPUTES RESOLUTION
The Challenge and any action related thereto shall be governed by the law applicable [in Japan].
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 case 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 (Japanese) courts to which the parties expressly grant jurisdiction, even in the case of multiple defendants, in summary proceedings, appeal by guarantee or by motion.