- TERMS & CONDITIONS -
The Organiser and Promoter
The organiser and promoter is: Stirling University Innovation Park Limited, Company Number SC94756, Scion House, Stirling University Innovation Park, Stirling, FK9 4NF (“Sporting Chance Initiative”, “SCI”, “we”, “us”, “our”, “SUIP”, the “Promoter”).
Sporting Chance Initiative runs an annual student competition entitled the Sports Innovation Challenge (“The Challenge”).
The Challenge aims to engage the next generation of entrepreneurs in sports innovation. It will help to develop new Intellectual Property in sports and sports technology and support the development of new sports businesses which entrants to the competition intend to establish and commercialise within Scotland.
By submitting an entry form to The Challenge, you agree to be bound by these terms and conditions.
Sporting Chance Initiative reserves the right to amend these terms and conditions from time to time and may not necessarily keep a copy of the version that you have agreed to be bound by. We recommend that you save the version you agreed to be bound by for your records.
The Challenge will be split into four distinct stages:
1. The “Participants” stage wherein anyone that meets the requirements set out in Condition 2 of these Terms & Conditions can attend and participate in events, workshops and seminars hosted by SCI staff relating to The Challenge.
2. The “Entrants” stage wherein any Student (or Students) or Recent Graduate that meets the requirements set out in Condition 2.3 or 2.4 of these Terms & Conditions, and submits a completed application to SCI, can enter The Challenge.
3. The “Finalists” stage wherein the pool of Entrants will be reduced to such number of individuals/teams as shall be determined by SCI staff in their sole discretion provided that such number of finalists shall be at least five and shall not exceed fifteen individuals/team, with these Finalists then pitching their business idea to the Judging Panel.
4. The “Winners” stage wherein the successful Finalists, having complied with these Terms & Conditions and having been selected by the Judging Panel, will receive funding, advice and business incubation from SCI.
5. Entry dates for each stage:
Participants stage – 11 September 2017
Entrants stage – applications to be received by 5pm on the 10 May 2018
Finalist stage – finalists notified 15 May 2018
Winners stage – winners announced 14 June 2018
“Action Plan” means a plan setting out how and when the Cash Prize shall be spent;
“Entrant” means an individual Student, Recent Graduate or a Team entering the Sports Innovation Challenge by submitting a completed application;
“Finalist” means the Entrants chosen by SCI staff to pitch to the Judging Panel. All Finalists are Entrants and must abide by these Terms and Conditions applicable to them;
“Judging Panel” means the individuals appointed by SCI to judge the Sports Innovation Challenge competition and select prize winners from the pool of Finalists;
“Participant” means a Student or Recent Graduate who has attended the “Participants” stage of the Sports Innovation Challenge but is yet to submit an application;
“Cash Prize” means the proportion of the £15,000 prize fund allocated to the Winner by the Judging Panel;
“Prize Package” means the Cash Prize, use of the incubation space managed by SUIP at its offices in Stirling University Innovation Park for 12 months, Third Party Support Services (if applicable) and continued business support and mentoring from Sporting Chance Initiative;
“Prize Payment Plan” means the payment schedule for the Cash Prize which is agreed by the Challenge Staff to support the Winners development work;
“Recent Graduate” means anyone who has graduated from a university, college or research institute in 2015, 2016 or 2017;
“Student” means any student, aged 18 or over, currently attending a university, college or research institution in Scotland or an individual further described in Condition 2.3;
“Team” means two or more Students/Recent Graduates or a combination of both;
“Terms & Conditions” means these Terms & Conditions;
“The Challenge Staff” means any individual employed or contracted by SCI to undertake work relating to the Sports Innovation Challenge;
“Third Party Support Services” means any and all services agreed to be provided by a third party to the Winner(s) and which if offered, shall be advertised by SCI as forming part of the Prize Package;
“Winner” means no fewer than four but no more than eight Entrants or Teams selected as the winners of the Sports Innovation Challenge by the Judging Panel. All Winners are Entrants and must abide by the Terms and Conditions applicable to them.
2. CHALLENGE STAGES
The “Participants” stage of the Challenge is open to:
2.1 Students, including students from institutions outside Scotland who are attending a university, college or research institution in Scotland as part of an exchange programme;
2.2 Recent Graduates, including graduates from institutions outside Scotland.
The “Entrants” stage of the Challenge is open to, whether on their own or as part of a Team:
2.3 Students, including students from institutions outside Scotland who are attending a university, college or research institution in Scotland as part of an exchange programme, provided their newly established business is, or will be, registered in Scotland. Otherwise such students may not progress beyond the Participants stage and are not eligible to win a prize;
2.4 Recent Graduates, including graduates from institutions outside Scotland, provided their newly established business is, or will be, registered in Scotland. Otherwise such graduates may not progress beyond the Participants stage and are not eligible to win a prize.
3. APPLICATION TO THE CHALLENGE
3.1 Team applications. Applications from a combination of Students and/or Recent Graduates are welcome. A Team may not submit an idea which has been submitted previously by any member or members of the Team. All Team members must agree to work together and abide by these Terms & Conditions. Each team member shall be jointly and severally liable for their respective obligations and liabilities arising under these Terms and Conditions.
3.3 By submitting applications, Entrants agree to comply with the application date(s) & times which will appear on the SCI website (http://sportingchanceinitiative.co.uk/). Late applications will not be accepted.
3.4 Only one application per Entrant. If an Entrant is applying as a member of a team they may not enter separately as an individual. All applications must be original to the Entrant and must not have been submitted by the Entrants to The Challenge previously.
3.5 SCI shall have no responsibility for lost or delayed applications. Such applications and proof of delivery will not be considered and entries will not be accepted.
4. APPLICATIONS NOT PERMITTED
4.1 The Challenge is not open to:
(a)employees of SCI, SUIP or the University of Stirling or any of their holding or subsidiary companies;
(b)employees of agents or suppliers of SCI, SUIP or the University of Stirling or its holding or subsidiary companies, who are professionally connected with the Challenge or its administration;
(c)members of the immediate families or households of (a) and (b) above; or
(d)employees of Scottish universities, colleges and research institutions.
4.2 Sporting Chance Initiative reserves all rights to disqualify an Entrant if their conduct is, in Sporting Chance Initiative’s opinion, contrary to the spirit or intention of the Challenge. Conduct which will be considered by Sporting Chance Initiative shall include, but not be limited to, an Entrant using social media to express an opinion or view which can be connected to or associated with the Challenge which is contrary to the spirit or intention of the Challenge. The decision to disqualify an Entrant shall be taken by Sporting Chance Initiative at its sole discretion.
5. EXISTING BUSINESS
5.1 Students or Recent Graduates who exclusively own, direct and self-fund an existing company or sole-trader business of any kind are eligible to proceed to the Entrants stage PROVIDED they wish to develop a NEW sports-related idea into a commercial proposition. The new product or service may be delivered through an existing business vehicle if applicable, but its development must be clearly differentiable to that business’ existing products or services.
5.2 Entrants should not submit proposals for products or services for which they have already commenced trading unless prior written consent to the proposal has been obtained from Sporting Chance Initiative. Any entries of this type where prior written consent has not been obtained will be disqualified automatically.
6. VERIFICATION OF STUDENT OR GRADUATE STATUS
6.1 Prior to the Entrants stage of the Challenge, Entrants will be asked to provide photographic proof of identity/Student status to Sporting Chance Initiative. Recent Graduates will be required to provide a copy of their degree certificate. Failure to provide this information will result in disqualification. Sporting Chance Initiative reserves the right to contact institutions to confirm Student or Recent Graduate status.
7. PUBLICITY AND PROMOTION OBLIGATIONS
7.1 By entering the “Participants” and/or Entrants stage of The Challenge, each Participant, Entrant and/or Winner acknowledges and agrees that:
(a) details of the Participants, Entrants and Winners can be posted on The Challenge, SUIP and Sporting Chance Initiative websites and published in promotional material;
(b) they voluntarily, and without compensation, authorise the use of their name(s) for promotional purposes related to The Challenge by SCI staff;
(c) they voluntarily and without compensation give SCI staff permission for summary information to be used by SCI (and its partners) in any reasonable manner it sees fit for the promotion of the Sports Innovation Challenge;
(d) they give SCI staff permission to take and use their photograph or make film/video footage/voice recordings of them for use by SCI (and its partners) in any reasonable manner it sees fit for the promotion of the Challenge without compensation; and
(e) SCI may collect and store the Participants, Entrants and Winners name, e-mail address, postal address, telephone number, institution details and photograph. Data will be collected and processed for the purpose of The Challenge but will not be sent to third parties other than the Judging Panel. Data will be processed, used and kept in accordance with (i) the relevant provisions of the Data Protection Act 1998 while it remains in force and (ii) the European General Data Protection Regulations once it comes into force and any other laws and regulations relating to the processing of personal data. We shall not pass this information to any third party without your consent, unless otherwise stated in these terms or a third party is considering buying, or does buy some or all of our assets.
8. THE PRIZE
8.1 The financial prize fund of £15,000 shall be divided between the respective Winners, of which there shall be no fewer than four but no more than eight, in such proportion as shall be determined by SCI staff in consultation with the Judging Panel.
8.2 All Prize Packages will be final and non-transferable. No cash equivalent will be offered in lieu of the use of the incubator space or any other non-cash elements of the total Prize Package offered to a winner or winning team.
8.3 If a Winner declines to continue with the development of their business idea, is disqualified from the Challenge or otherwise forfeits part of the Prize Package, any unspent proportion of the Cash Prize that was originally allocated to them will be distributed proportionately amongst the remaining Winners.
9. INTELLECTUAL PROPERTY RIGHTS
All Entrants retain the rights to all Intellectual assets and intellectual property generated and/or owned by themselves while participating in The Challenge.
10. PITCHING AND JUDGING
10.1 By submitting an application, Entrants agree to attend both a “Pre-Pitching 1 to 1” and the “Pitching” event. If selected as a Finalist by the SCI staff they will pitch their idea to the Judging Panel.
(a) Depending on the number and quality of applications, a preliminary pitching round may be held as part of the selection process.
(b) The Judging Panel’s decision is final and appeals or discussions cannot be accepted.
10.2 Entrants are not permitted to contact members of the Judging Panel directly with questions or comments relating to the Sports Innovation Challenge. Any unauthorised contact made by an Entrant will result in the immediate disqualification of that Entrant and their Team as a whole (if applicable) from The Challenge.
10.3 All entries will be reviewed by SCI staff who shall shortlist the Finalists provided always that the number of Finalists shall be at least five and shall not exceed fifteen. From the selected Finalists, up to eight Winners shall be selected by the independent Judging Panel. Judging criteria will be provided within the Challenge application form.
10.4 Any act intentionally directed to influence the judging process shall result in immediate disqualification of that Entrant and their Team as a whole (if applicable) from The Challenge.
10.5 Key dates relating to The Challenge can be found on the SCI website (http://sportingchanceinitiative.co.uk/). Key dates are subject to change and SCI reserve the right to do so at short notice. Any changes will be communicated publically via the SCI website, social media channels and, where necessary, one-to-one email notice. It is the responsibility of Participants and Entrants to check the website regularly for these updates.
10.6 All Prizes Packages will be awarded at the discretion of the Judging Panel. The Judging Panel’s decision is final and no correspondence or discussions will be entered into. There will be no appeals process offered for decisions made by the Judging Panel.
11. WINNERS OBLIGATIONS
11.1 Where an Entrant(s) has been selection as a Winner by the Judging Panel, the following Conditions (specifically Condition 11.1 to 11.16 shall apply). Such conditions do not apply to Participants, Entrants or Finalists.
11.2 Prior to claiming of the Prize Package, Winners shall be required to work with SCI staff members (taking into account the private discussions of the Judging Panel) to create an Action Plan. The Action Plan must comprise a Prize Payment Plan which must be expressly agreed with SCI staff. Claims by Winners against the Cash Prize cannot be made until an Action Plan has been submitted and agreed with SCI staff.
11.3 The Prize Package includes incubation space for twelve months. Winners are required to confirm by 29 June 2018 if incubation space is required. Winners are not obligated to re-locate to SUIP offices (this being the location of the incubation space) however no monetary alternative will be provided where incubation space is not claimed as part of the Prize Package.
11.4 Winners using the incubation space within SUIP hereby agree to adhere to our “fair usage” policy on business related services provided by SUIP, which shall be provided to Winners prior to taking occupation of the incubation space. This includes, but is not limited to, postage, copying, printing, Wi-Fi, telephone and any other service/activity deemed relatable by the Challenge Staff. Any Winner who does not adhere to this policy will be subject to a review by the Challenge Staff and appropriate disciplinary action may be taken including forfeiture of all or part of the Prize Package.
11.5 Any Winner who uses the incubation space agrees to do so as part of the Prize Package. Winners agree to make use of the facilities for the purposes of the business for which the Prize Package was awarded. Winners may not sublet or use the space for any activity/activities not related to the business as set out in the application form to The Challenge.
11.6 Winners agree that any monetary element of the Prize Package is to be spent exclusively on items, services or activities required for the development of their business which formed the basis of their winning application form to The Challenge. Payment of day to day business costs, including but not limited to utilities, rent or mortgage payments, or any other costs viewed by SCI staff as irrelevant to the agreed Action Plan will be considered invalid expenditure.
11.7 Any time spent by the Winner developing the business idea may be considered eligible expenditure in the context of the Action Plan, up to a maximum of 50% of the total Cash Prize monies unless agreed otherwise with SCI staff.
11.8 The first payment in the Prize Payment Plan will be provided to Winners upon confirmation that:
(a) Winners have registered as a company in Scotland with Companies House and can confirm this with SCI through provision of the registered Company Number and a related business bank account; and
(b) Winners have invoiced SUIP for the relevant amount as named in the Prize Payment Plan.
11.9 In order to claim subsequent payments against the Cash Prize, Winners shall be required to provide a short report to the Challenge Staff which details the progress of the proposal set out in the application form. Winners shall further be required to submit any invoices and/or receipts evidencing any spends which have been made with the Cash Prize.
11.10 SUIP shall upon receipt of invoices, make payment within 30 days to the nominated business account. Winners shall continue to invoice SUIP for the agreed relevant amounts as named in the Prize Payment Plan for subsequent payments. Winners are responsible for adhering to the Prize Payment Plan and where invoices are not submitted and/or submitted late, SCI reserves the right to delay payment.
11.11 In the event that the Winner:
(a) acts in such a way that brings Sporting Chance Initiative into disrepute (which shall be determined by Sporting Chance Initiative in its sole discretion); or
(b) fails to adhere to the Action Plan and cannot evidence that they have taken all steps necessary to comply with the Action Plan;
Sporting Chance Initiative may take appropriate disciplinary action in relation to that Winner which may include disqualification from the Challenge or forfeiture of all or part of the Prize Package. Any part of the Cash Prize transferred to the Winner prior to the date of commencement of the disciplinary action will not be forfeited.
11.12 Any monetary element of the Cash Prize which is not spent within 12 months of the award being made shall be forfeited.
11.13 Where Third Party Services forms part of the Prize Package, subject to Clause 11.2, Winner(s) must contact the relevant third party directly in order to receive this element of the Prize Package. SCI excludes all liability under or in relation to the provision of the Third Party Services.
11.14 Each Winner agrees to be available to actively participate in a reasonable number of promotional or public relations events carried out by Sporting Chance Initiative and its partners until 29 May 2020. SCI will use its best endeavours to give reasonable notice to Winners in advance of any promotional or public relation events.
11.15 All Prize Packages awarded will be final, non-transferable and no cash alternative shall be available in lieu of the Prize Package.
11.16 Any Winner of the Sports Innovation Challenge 2017/2018 is not eligible for entry or taking part in Sports Innovation Challenge 2018/2019.
12.1 Business ideas, details and other information submitted with The Challenge applications will be kept strictly confidential by SCI. Any case studies or PR created by SCI from The Challenge will not disclose confidential information. SCI staff and members of the Judging Panel are bound by SCI confidentiality agreements but will, at the request of an Entrant, sign a non-disclosure agreement with the Entrant.
12.2 Notwithstanding Clause 12.1, SCI’s obligation of confidentiality shall not apply to any information which (i) becomes generally known to the public, other than by reason of an act or omission of SCI; (ii) is required to be disclosed pursuant to any applicable laws (including the Freedom of Information (Scotland) Act 2002 ("FOISA") (as may be amended) or to any competent governmental, statutory or supervisory body to which the relevant party is subject; and/or (iii) is required to be disclosed pursuant to any court order. For the purposes of these terms and conditions, ‘confidential information’ shall mean any information disclosed by one party to the other under or in relation to this terms and conditions and/or the Challenge in any format (now known or hereinafter invented) and which is either marked as confidential and/or which would be reasonably considered as confidential by a person acting reasonably.
13.1 Subject to applicable law, SCI has the right, without giving prior notice to Participants, Entrants, Finalists and Winners to alter, amend or terminate The Challenge at any point. SCI accepts no liability for costs or losses incurred by Entrants as a result of alterations, amendments to, or termination of, The Challenge.
13.2 Entrants who have, or are reasonably believed by SCI staff to have, breached any of these Terms & Conditions may be immediately disqualified.
14.1 Nothing in these terms and conditions limit or exclude either party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
14.2 Except where otherwise set out in these terms and conditions, Sports Challenge Initiative excludes all warranties, express or implied, in so far as is permitted by law.
14.3 Each party excludes liability under or in relation to this agreement for indirect or consequential loss.
14.4 Subject to clause 14.1, Sports Challenge Initiative’s aggregate liability to Participants or Entrants whether arising under these terms and conditions or otherwise (including the laws of negligence) shall not exceed ONE HUNDRED POUNDS (£100) STERLING.
14.5 Entrants hereby warrant any work arising from the proposal submitted when entering The Challenge or otherwise under these terms will not infringe the rights of third parties including IPR.
15. FREEDOM OF INFORMATION
15. Entrants and Participants acknowledge that SCI operates under the terms of the Freedom of Information (Scotland) Act 2002 (“FOISA”) and has statutory obligations for disclosure of certain information if requested. SCI may be required under FOISA to disclose information regarding the competition without consulting or obtaining consent from Entrants or Participants. SCI shall take reasonable steps to notify Entrants and/or Participants of an information request received to the extent that it is permissible and reasonably practical to do so but (notwithstanding any other provision of this agreement) SCI shall be responsible for determining in its absolute discretion whether any information meets any exemptions from disclosure in accordance with FOISA. Entrants and/or Participants shall provide all reasonable advice and assistance to SCI to assist them in responding to any FOI request or generally complying with FOISA
16.1. When completing their application, Entrants are required to read and confirm receipt of these Terms & Conditions and must confirm that the information they have supplied is accurate.
16.2. Subject to applicable law, Sporting Chance Initiative reserves the right to hold void, suspend, cancel, or amend the prize competition where it becomes necessary to do so.
16.3 Neither party shall assign, transfer, charge or subcontract in any manner with any of its rights and obligations granted under these Terms & Conditions.
16.4 Notices under these Terms & Conditions require to be sent by email or first class recorded delivery post to the address of the Entrants as submitted on the application form or the address as stated on page 1 of these Terms & Conditions or any other address notified by a party for the service of notices hereunder, and shall be deemed to be received thirty six (36) hours after posting.
16.5 Neither party shall be in breach of these Terms & Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these terms if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which the performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for 8 weeks, the party not affected may terminated this agreement by giving 30 days written notice to the affected party.
16.6 These terms and conditions and any documents referred to herein constitute the entire agreement and understanding between the parties and supersedes any previous agreements, arrangements or understandings, between the parties whether oral or in writing relating to the subject matter of these terms and conditions. Sporting Chance Initiative may from time to time update these terms and conditions at its sole discretion.
16.7 These Terms & Conditions are governed by the laws of Scotland and SCI and all Participants and Entrants agree that the Scottish Courts will have exclusive jurisdiction to hear any disputes.