Terms and Conditions
By registering for this competition, you fully and unconditionally agree to comply with these Terms and Conditions. If for any reason, you do not accept any of the Terms and Conditions, do not register for this competition and do not submit an entry.
The NGVentilator Design Challenge begins on April 8th and ends on April 30th at 24:00 WAT. The details of the Challenge will be accessible 24 hours a day at www.ngventilators.com subject to possible IT maintenance operations and malfunctions. Dates and times in these Terms and Conditions refer to West African Time (WAT).
2. Agreement Terms
The term ‘You’ or ‘Participant’ will be used to describe any eligible person who is registered on the Challenge website and enrolls to participate in the Challenge. By accessing and accepting these conditions, You:
Enter into a valid and enforceable contractual relationship with the Sponsor regarding participation in the Challenge. The registration and enrolment in the Challenge do not set up any subordination relationship between the Sponsor and the Participant, and
Fully and unconditionally agree to comply with these Terms and Conditions. Participants express their agreement by checking an online box while enrolling for the Challenge.
In case of non-respect of these Terms and Conditions, the Participant will be immediately disqualified from the Challenge and no prize will be awarded.
3. Registration and Participation
To take part in the Challenge, we must have received your completed registration by April 31st, 24:00 WAT.
To register, the Participant must first have created a user account on the Challenge website (www.ngventilators.com), 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 while its registration. Any intentional or non-intentional mistake, anomaly or inconsistency, regarding this information, may result in the Participant’s disqualification. Sponsor reserves the right to conduct 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 act 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 to Nigerians living in Nigeria. Participants must be of legal age.
All the documents that may confirm the Participant’s eligibility will be required prior to awarding any prizes (e.g. identity document, student card, etc.).
If you are related to employees of the sponsor, the affiliated institutions, or any of the judges, advisors, or experts, you MUST disclose this conflict of interest
5. Purpose of the Challenge and Participation
Participation in the Challenge is as a Team only
Individual Participants must form a team (“Team”) of 2+ members—including the licensed medical professional and a registered technician/technologist/engineer capable of signing off on the electrical/fire safety of the device. Each Team member must accept these Terms and Conditions. Sponsor may disqualify any Team (and all its members) in the case where any one member has not accepted or violates these Terms and Conditions.
The goal of the Challenge is for Participants to submit contributions (or projects) meeting the requirements determined by the Sponsor in the Design Specification, and that are formalized by deliverables. The specifications includes information regarding various deadlines, details of the prizes, Sponsor requirements, etc. The Design Specification, 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 (1) address the specific issue set out in the Brief, (2) be in a common digital format, such as, DOC, DOCX, PDF, PPT, PPTX, KEY, ODT, MP3, MPEG, MOV, MP4, and (3) be in English only, and in general must to comply with these Terms and Conditions.
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, Participants represent and warrant that:
Otherwise, if any 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 extra-contractual 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 of damaged, lost, late, incomplete, invalid, incorrect or misdirected Deliverables.
7. Challenge Process
The Challenge consists of one unique round for submissions:
Deliverables will be accepted from April 20thth, 2020, 23:59 WAT to April 31st, 2020, 23:59 WAT.
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 the selection has been completed, Participants will be notified by email, phone, or by other means, at Sponsor’s discretion, 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. The ranking decided by the final jury will be announced on the day that presentations are made and will identify the Participants that are finalists.
Registration and submission
All Deliverables must be received by Sponsor on or before April 31st, 2020. Deliverables must meet the specifications set out in Section 6, above, and include:
Material to submit: design, test, and use documents (please name files with concise descriptions)
CAD drawings, 2 options:
3D files (.dwg, .stdprt, .sldasm, .ipt, .iam)
Fully annotated 2D drawings (.pdf) 3-D mesh files (.stl)
Fully annotated circuit diagrams (.pdf)
Functional bock diagram (.pdf)
Code: software/firmware. Include brief installation and user guide (.pdf)
Bill of materials (.pdf)
Clear and concise assembly instructions (.pdf)
Clear user guide (.pdf):
How to use the device
How to run a validation test and how often
How to maintain the device and clean the device, video demonstration of device (.mp4)
Test methods and test results (.pdf)
Submissions via www.ngventilators.com
Letter attesting to lack of conflict or identifying who on the contest panels is potentially at conflict of interest with a given submission
Project review and ranking
1st pass — criteria-based selection:
“Criteria based” selection will take place from May 1st, 2020 to May 3rd, 2020
The advisory panel shall evaluate and select the Recipients based on meeting or exceeding the design specification criteria.
The grading criteria:
Quality of the design
Time to market
Technical specs observed:
Except as otherwise provided below, only participants that meet or exceed these specifications will be considered further.
2nd pass — Submission Ranking
The advisory will evaluate which of the submissions is most likely to be of lower cost, higher quality, greater reliability, greater ease of production, greater ease of use, greater modularity/repairability, uncompromised safety, and aesthetics.
Except as otherwise provided below, the three Participants with the highest score at the end of this ranking will proceed to the next round.
Participants will be informed of the results of Round Two by May 7th, 2020.
Participants who have been selected to participate in the Final Round will be directly notified by the Sponsor. In the event a Participant does not answer after the Sponsor has tried to contact him/her by email and by phone, 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.
The Final Round consists of an Online presentation of the selected projects by the Participants. Participants are not required to upload new Deliverable to the Challenge website.
However, Participants must prepare a Deliverable which meets the specifications set out in Section 6 and which include:
Problem tracking and correction service. The sponsors will establish a problem-tracking service and the finalists must respond to the problems reported in a timely manner
The participants may submit corrections to their design as determined by the errors reported.
The sponsors reserve the right to withdraw and discontinue any design—finalist or otherwise—that is deemed to be ineffective despite local validation. As the goal of the contest is to respond to a crisis, the sponsors must rapidly switch to a different design if one design appears to be insufficient in the field.
At the end of the Final Round, the jury will choose the winning projects and will rank the finalists.
The prizes to be awarded to Challenge winners are subject to all of the following. They 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 fulfill the conditions of eligibility of Section 4.
No prize will be awarded to winners who do not fulfill the above.
Subject to these Terms and Conditions, once confirmed by Sponsor, the winner(s) will receive the following:
Listing of prizes will be dependent on the final total amount (N1,000,000.00)
The Prize is awarded to the Winning Team.
No assignment or transfer of prizes is allowed by a winner. If a potential winner cannot be reached, is unable to accept the prize or any portion of the prize for any reason, Sponsor shall have no further obligation to such potential winner. Sponsor will not replace any lost or stolen prizes after being awarded to winners. Winners will accept the prize “as it is”. Sponsor disclaims any warranty regarding the Prizes.
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 prize and will not be entitled to any prize or any kind of compensation.
If the prize as initially planned is unavailable, Sponsor will be free to substitute another prize of similar value. Any such decision is at Sponsor’s sole discretion.
Any Participant who does not fulfill the conditions of Participation as provided in the Terms and Conditions 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 prize. In the assumption that a prize 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 prize.
The Participant acknowledges and consents that Sponsor may communicate, throughout the world, and for the duration of the Challenge and for a period of one (1) year following the Final Round using 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 the using, by 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 Prize (if you are a winner), 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 using 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 Prize he/she received. The Sponsor agrees to cease using the aforementioned elements in connection with the Participant at the end of the aforementioned period.
Sponsor has no obligation to keep the information contained in the Deliverables confidential. In general, 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 a prize winner, 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.
Furthermore, Participants acknowledge that 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 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 Participants recognize that other Participants, individuals or entities may have provided 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 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 Sponsor’s use of such materials.
11. Intellectual Property
Definitions. For the purposes of this section,
"Intellectual Property Rights" refers 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 know-how), 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 do 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 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 taking part in the Challenge, Participants accept to grant Sponsor a license regarding the Creations as a component of the Deliverable and the Deliverable itself for a period of one (2) year following the final round, or until the end of the COVID-19 crisis as reasonably established by declarations of the WHO and National Health Authorities.
The license is non-exclusive, worldwide, non-transferable within the Sponsor’s group of “builders” and royalty free.
This licence shall include the right to reproduce (wholly or in part), display (wholly or in part), analyse, adapt, modify, disseminate, translate and use, including commercial use, any elements which are part of the Creations, as well as any Previous Rights which reveals necessary for the appropriate enjoyment of the described licence.
The participant is encouraged to seek provisional patents prior to the announcement and publicization of their final design. While the participant grants the Sponsor and builders a license based on the above provisions, the participant can, following the COVID crisis, enter into negotiation with manufacturers, a
Option to purchase
In addition to the one (2) year license, Participants who are winners of the Challenge grant an exclusive option for the Sponsor to purchase part or all of the intellectual property rights included in any of the Deliverables and to the Creations submitted during the Challenge.
This option is subject to the following and cumulative conditions:
the Sponsor will benefit from an exclusive purchase option for a duration of twenty four (12) months from the end date of the license agreement;
it is understood that any affiliates and/or subsidiaries of the Sponsor may exercise this purchase option;
the Sponsor shall notify the Participant in writing of its intention to exercise the option;
negotiations will be exercised based on good faith between the involved parties;
if the involved parties so agree, any monetary compensation comprised in the prize could be understood as the entire or a part of the purchase price.
12. Modification of Terms and Conditions, Suspension and Cancellation of The Challenge
Update of the Terms and Conditions. The Sponsor reserves the right to amend these Conditions 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 conditions regularly. Participants expressly waive all claims or disputes related to any amendment to these conditions by the Sponsor.
Should any paragraph of these Terms and Conditions 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 Terms and Conditions, 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.
13. 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 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 Challenge implies acknowledgment 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 Terms and Conditions, 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 prizes.
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 Terms and Conditions.
14. 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 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 challenge needs
To organize the intermediation between the Participant and the Sponsor, to ensure identification, communication and preservation of the 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 Participant’s Personal Data. The Sponsor undertakes to allow the exercise of their 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 the Sponsor email (email@example.com) 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.
16. APPLICABLE LAW AND DISPUTES RESOLUTION
The Challenge and any action related thereto shall be governed by the law applicable Nigerian Laws.
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 Terms and Conditions, 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 Nigerian courts to which the parties expressly grant jurisdiction, even in the case of multiple defendants, in summary, proceedings, appeal by guarantee, by motion or any other jurisdiction.