OCBC - Frankpreneurship Ideation Day Challenge (the “Challenge”)
This Challenge is sponsored by OVERSEA-CHINESE BANKING CORPORATION LIMITED (the “Sponsor”). 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.
1. AGREEING TO THE RULES
Any eligible person who is registered on the Challenge website and enrols to participate in the Challenge (“Participant” or “You”), is required to review and accept these Rules. By accessing and accepting these Rules, You: (i) enter into a valid and enforceable contractual relationship with the Sponsor regarding participation in the Challenge. The registration and enrolment in the Challenge does not set up any employment relationship between the Sponsor and the Participant, and (ii) fully and unconditionally agree to comply with these Rules. Participants express their agreement by checking an online box while enrolling for the Challenge. OCBC reserves the right to immediately disqualify any Participant whom we, in our sole and absolute discretion, deem to have breached
2. REGISTRATION AND PARTICIPATION IN THE CHALLENGE
3. PURPOSE OF THE CHALLENGE AND PARTICIPATION
Participation in the Challenge must be as a team.
● Teams. Individual Participants will be pre-assigned to form a team (“Team”) of 2 to 5 members maximum. Each Team member must accept these Rules, by clicking a hyperlink through the Agorize interface. Sponsor may disqualify any Team (and all its members) if one member has not accepted or violates these Rules.
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 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) up to 10 slides deck in digital format such as PDF, PPTX, PPT ,(iii) be in English, and (iv) file name to be in the format Team “X”_”Selected Theme” 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 Team.
● 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.
The Participant acknowledges and consents that Sponsor may, [throughout Singapore] and for the duration of the Challenge and for a period of one (1) year following the Challenge Round One use your personal data and any information submitted to us in connection with the Challenge for publicity, including for the 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.
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. 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 information contained in any of the projects. 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. 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.
3. INTELLECTUAL PROPERTY
Definitions. For the purposes of this section, "Intellectual Property Rights" means any and all intellectual property rights of any nature anywhere in the world whether registered, registrable or otherwise, including patents, utility models, trademarks, registered designs and domain names, applications for any of the foregoing, trade or business names, goodwill, copyright and rights in the nature of copyright, design rights, rights in databases, moral rights, know-how and any other intellectual property rights which subsist in computer software, computer programs, websites, documents, information, techniques, business methods, drawings, logos, instruction manuals, lists and procedures and particulars of customers, marketing methods and procedures and advertising literature, including the “look and feel” of any websites. (“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, product or material, as well as any resulting elements and/or processes submitted or contributed by you as part of the Challenge (“Creations”).
Warranty of non-infringement. By submitting any Deliverable, at any stage of the Challenge, each Participant represents, warrants and undertakes to the 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.
- The Deliverable (save to the extent that it incorporates material provided by us) will be wholly original to you and will not infringe the copyright or any other rights of any third party;
- The Deliverable will not contain any defamatory matter nor breach any contract or law including (without limitation) data protection law, nor breach any duty of confidentiality, infringe any data protection rights or Intellectual Property Rights, nor constitute contempt of court or obscenity;
- The rights granted by you to us are vested in you absolutely and you have not previously assigned, licensed or in any way encumbered the same and you hereby agree not to do so in the future;
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. In respect of any Deliverable involving several Participants, each Participant shall be jointly and severally responsible for ensuring compliance with these Rules.
You hereby indemnify us and agree to keep us fully and effectively indemnified against all actions, costs, losses, claims and expenses of whatsoever kind or nature arising from any breach or non-performance or threatened breach or non-performance by you of any of the warranties, representations, undertakings or obligations in these Rules.
By taking part in the Challenge, Participants agree to grant the Sponsor a license to the Creations and the Deliverable itself for a period of one (1) year following the Challenge Round One of the Challenge.
The licence is exclusive, limited to Singapore, transferable to any affiliates and/or subsidiaries of the Sponsor , sub-licensable 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 and/or Deliverables, as well as any Previous Rights which are necessary for the appropriate enjoyment of the described licence.
By accepting these Rules, 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 twelve (12) months from the date of the announcement of Challenge winners;
● 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 whole or part of the purchase price.
You agree to do all such acts and execute such documents as we may reasonably require to vest in or confirm to us or our successors in title and licensees the Intellectual Property Rights and all other rights assigned or granted or purported to be assigned or granted by you to us under these Rules.
4. 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.
5. 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.
To the fullest extent allowed under law, Participants agree that the Sponsor, 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.
Nothing in these Rules limits any liability which cannot legally be limited including but not limited to liability for:
(a)death or personal injury caused by negligence; [and]
(b)fraud or fraudulent misrepresentation
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 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 provide 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 Rules.
6. PERSONAL DATA PROTECTION
"Participation in this challenge may be through websites controlled or offered by third parties. Sponsor and its related corporations (collectively, the "OCBC Group") hereby disclaims liability for any information, materials, products or services posted or offered at any of these third party websites.
By creating a link to these third party web-sites, the OCBC Group does not endorse or recommend any products or services offered or information contained on those web-sites or information fed by these third parties nor is the OCBC Group liable for any failure of products or services offered or advertised at any of these third party web-sites. OCBC Group shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special, or consequential damage, or economic loss arising from or in connection with any use of or access to any other website linked to this website, any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus and any services, products, information, data, software or other material obtained from this website or from any other website linked to this website. Any hyperlinks to any other websites are not an endorsement or verification of such websites and such websites should only be accessed at the user’s own risks. This exclusion clause shall take effect to the fullest extent permitted by law.
You further consent to the OCBC Group, and their respective business partners and agents (collectively, the “OCBC Representatives”) collecting, using and disclosing your personal data for purposes reasonably required by the OCBC Group and the OCBC Representatives to enable them to process your employment application and assess your suitability for the position which you are applying for. You accept the terms and conditions of our Data Protection Policy, which is accessible at www.ocbc.com/policies or available on request and which you confirm you have read and understood.
In addition to the purposes set out in our Data Protection Policy, you agree that any Personal Data provided to us in relation to the Challenge may be used for the following purposes:
● For performing, conducting, evaluating and publicising the Challenge
● For any purposes connected with the Challenge or these Rules
● For organising the intermediation between the Participant and the Sponsor, to ensure identification, communication and preservation of the exchanges with the Participant
7. APPLICABLE LAW AND DISPUTES RESOLUTION
These Rules and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Singapore. Each party irrevocably agrees that the courts of Singapore shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Rules or its subject matter or formation.