Astellas Rx+® Healthcare Innovation Challenge
Improve the quality of life of people with sensory disabilities and individuals with restricted access to healthcare!
Astellas Rx+® Healthcare Innovation Challenge (the “Challenge”)
This Challenge begins on August 5, 2020 at 13:00 (1:00 p.m.) Japan Standard Time (GMT+9) and will end in late January 2021. The precise ending date and time will be shared later and the Rules will be updated accordingly.
The Challenge will be accessible 24 hours a day on the dedicated Challenge website operated by Agorize SAS (“Agorize”) at:
https://www.agorize.com/en/challenges/astellas-rxplus (the “Challenge website”), subject to possible IT maintenance operations and malfunctions. Dates and times in these Rules refer to Japan Standard Time (GMT+9).
- AGREEING TO THE RULES
- enter into a valid and enforceable contractual relationship with Sponsor regarding participation in the Challenge. The registration and enrolment in the Challenge do not create any subordination or employment relationship between the Sponsor and the Participant, and
2.2. In case you ignore or fail to follow these Rules, you will be immediately disqualified from the Challenge and deemed ineligible from any prize.
- REGISTRATION AND PARTICIPATION IN THE CHALLENGE
3.1. To take part in the Challenge, you must complete the registration to the Challenge at the Challenge website by October 18, 2020 at 23:59 (11:59 p.m.) (GMT+9).
3.4. 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 was a result of the Participant’s personal act or not, will not participate in the Challenge, and will not obtain any compensation.
3.6. Registration for and participation in the Challenge is free, with no purchase or payment obligation necessary.
4.1. This Challenge is open and offered solely to:
- Startups. A business entity or individual in the process of creating a business entity, regardless of its business area. Startups may be required, at the 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.
- Students. Any individual aged eighteen (18) years or older and with full legal capacity, who (i) is currently enrolled at a post-secondary institution or (ii) has recently graduated from a post-secondary institution less than two (2) years before the current academic year, with a student card as proof. Each student may only participate once in each Challenge. If the Participant is a minor, such Participant must provide this authorization signed by a parent or guardian to authorize the participation to the Challenge in the name of the minor Participant.
4.3. This Challenge is not open to Agorize employees and members of their families.
4.4. This Challenge is void in countries where it is prohibited or restricted by law.
- PURPOSE OF THE CHALLENGE AND PARTICIPATION
5.1. Participation in the Challenge must be as an individual (Individual Participant) or as representative of a Startup.
- Individuals. Individual Participants must enter the Challenge in their individual capacities.
- Startups. Startup Participants enter the Challenge on behalf of their legal business organizations. During the registration process, Startup Participants 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 in 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 participate in the Challenge as an Individual Participant.
5.2. 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 prizes, Sponsor requirements, etc. (the “Brief”). The Brief is accessible through the Challenge website.
6.1. 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 “Deliverables”).
- The Deliverable exclusively includes contributions from an Individual Participant or Startup;
- 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;
- No individual and/or entity other than the Participant is entitled to claim any rights from the use of the Deliverable and the Sponsor and Agorize are hereby granted to use the Deliverable for the Challenge;
- The content and/or use 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; and
- The Deliverables will not include any sensitive personal data regarding any Participant or third party.
6.5. Each Participant is responsible for and must bear any costs or expenses associated with preparing and submitting Deliverables. Each Participant assumes all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Deliverables. The Sponsor bears no obligation to notify the relevant Participants of non-conforming Deliverables or return the same to the senders.
- CHALLENGE PROCESS
7.1. Challenge process is as follows:
- Challenge Rounds. The Challenge consists of several rounds:
- Round One. Deliverables will be accepted from August 5, 2020 at 13:00 (1:00 p.m.) (GMT+9) to October 18, 2020 at 23:59 (11:59 p.m.) (GMT+9). At the end of this Round, up to fifteen (15) winning Deliverables per theme will be selected to proceed to Round Two.
- Round Two. Deliverables from the winners in Round One will be accepted from November 2, 2020 at 00:00 (12:00 a.m.) (GMT+9) to November 23, 2020 at 23:59 (11:59 p.m.) (GMT+9). At the end of this Round, up to five (5) winning Deliverables per theme will be selected to proceed to the Final Round.
- Final Round. The winners in Round Two are not required to upload a Deliverable on the Challenge website for this Final Round.
d. 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 Challenge winner decided by the final jury will be announced on the day that presentations of Final Round are made and will identify the Participants that are finalists.
7.2. Round One will proceed as follows:
- Each Participant must submit all Round One Deliverables to the Sponsor on or before October 18, 2020 at 23:59 (11:59 p.m.) (GMT+9) at the Challenge website.
- Deliverables must meet the specifications set out in Article 6 above and should include:
- Introduction of the Participant
- Key points of the project
- Business plan
- Obstacles to implementation and required resources
- Value through collaboration with Astellas
- Innovativeness: How innovative is your solution in its use of technology and compared to existing products/services? How well does your solution meet the needs of the market and bring value to end customers?
- Implementation: Are your solution and business plan feasible? What are the hurdles to implementation and how will they be overcome?
- Future prospects: What is your solution’s potential in creating a positive social impact? How adaptable/scalable/sustainable is your business?
f. Except as otherwise provided below, up to fifteen (15) Participants per theme with the highest score at the end of this vote will win this vote and proceed to the next round.
g. Participants will be informed of the results of Round One by October 30, 2020 at 17:00 (5:00 p.m.) (GMT+9).
7.3. Round Two will proceed as follows:
- Each Participant must submit all Round Two Deliverables to the Sponsor on or before November 23, 2020 at 23:59 (11:59 p.m.) (GMT+9) at the Challenge website.
- Round Two Deliverables must meet the specifications set out in Article 6 above and include a presentation of their Project in PPT or PDF format consisting of about ten (10) slides. Participants will be required to upload improved versions of their previous Deliverables following the same structure as for Round One.
- Participants will be assigned one or more mentor(s) who will assist in improving the Deliverables by providing feedback.
- “Criteria-based” voting will take place between November 24, 2020 at 09:00 (9:00 a.m.) (GMT+9) and November 30, 2020 at 16:59 (4:59 p.m.) (GMT+9). The Voters may evaluate and select the Deliverables based on their content and the Selection Criteria.
- Except as otherwise provided below, up to five (5) Participants per theme with the highest score at the end of this vote will win this vote and proceed to the next round.
- Any attempt to cheat, use fake profiles, use third-party applications that enable false voting linked to cheating, or engage in duplicate voting of which the Sponsor becomes aware will entitle the Sponsor, at its sole discretion, to disqualify the project that received these votes, and that Project’s Participants will not be awarded any prizes. The Sponsor’s decision regarding disqualification is final and its decision may not be contested by Participants involved in the project in question or by any other Participants.
- Participants will be informed of the results of Round Two by November 30, 2020 at 17:00 (5:00 p.m.) (GMT+9).
7.4. The Final Round will proceed as follows:
- 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 respond within seven (7) days after the Sponsor has tried to contact him/her by email or 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 oral presentation of the selected projects by the Participants. Participants are not required to upload Deliverables to the Challenge website before the Final Round.
- However, Participants must prepare Deliverables which meet the specifications set out in Section 6 and which include:
- A presentation of their Project in PPT or PDF format consisting of about ten (10) slides.
- The Deliverables should include the addressed problem, proposed solution, its impact and business model.
- More details regarding the required content of the Deliverables will be shared at a later date in the Rules and on the Challenge website.
d. Participants will be assigned one or several mentor(s) who will assist in improving the Deliverables submitted for the Second Round by providing feedback.
e. This document will be used as a presentation document during the oral presentation given by the Participants involved in the Project.
f. At the end of the Final Round, the jury will choose the winning project of the Challenge and the Participant(s) who proposed the winning project (“Challenge Winner(s)”).
8.1. The prizes to be awarded to Challenge Winner(s) are subject to all of the following restrictions. The prizes are awarded to the Challenge Winners and are subject to compliance with the following cumulative conditions:
- The Deliverables comply with Section 6 (“Deliverables”);
- Each Challenge Winner complies with Sections 9 to 11; and
- It can be proven that the Challenge Winners fulfill the conditions of eligibility of Section 4.
No prize will be awarded to the Challenge Winners who do not fulfill the above.
8.2. Subject to these Rules, once confirmed by Sponsor, the winner(s) will receive the following:
- The winning project(s) will receive a Proof of Concept to further collaborate and develop their project with the Sponsor; and
- A specific partnership agreement will be signed between the Sponsor and the Challenge Winner(s) to establish an outline and set the framework of the collaboration and allocated support. This support will not exceed a total value of sixty thousand U.S. dollars (USD60,000).
8.3. The appointment of the number of Challenge Winners and attribution of the Proof of Concept will be decided during the Final Round and remains at the Sponsor’s sole discretion.
8.4. No assignment or transfer of prizes by a Challenge Winner to anyone is allowed. If a potential Challenge Winner cannot be practically reached by Sponsor or Agorize, is unable to accept the prize or any portion of the prize for any reason, Sponsor shall have no further obligation to such potential Challenge Winner. Sponsor will not replace any lost or stolen prizes after being awarded to a Challenge Winner. A Challenge Winner will accept the prize “as it is.” Sponsor disclaims any warranties regarding the prizes.
8.5. In the event a Participant (a Challenge Winner) cannot be practically reached by Sponsor or Agorize, by email or by phone, for more than one (1) month after the first attempt at contact, 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.
8.6. 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.
8.7. Any Participant who does not fulfil 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 prize. On the assumption that a prize is awarded to a Participant who does not meet the conditions of participation to the Challenge set forth in this Rules when registering or throughout the duration of the Challenge, Sponsor reserves the right to require the Participant to return the awarded prize.
9.1. The Participant acknowledges and consents to the fact that Sponsor may communicate at a global level 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, etc.) now known or unknown to date, free of charge or consideration to the Participant.
9.2. Such use does not entitle the Challenge Winner to any other payment than the prize he/she received.
9.3. The Sponsor agrees to cease using the elements in connection with the Participant set forth in Section 9.1 at the end of the period set forth in Section 9.1.
10.1. Sponsor has no obligation to keep the information contained in the Deliverables confidential. In general terms, when submitting any Deliverables, each Participant understands, agrees and accepts that any information contained therein may be publicly disclosed by the Sponsor.
10.2. If you are a Challenge 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 Deliverables. Such confidentiality/non-disclosure agreement will be directed to your Deliverables and all intellectual property that it may contain. Refusal to enter into such agreement may result in your project’s disqualification from further consideration.
10.3. Furthermore, each Participant acknowledges 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.
10.4. Each Participant recognizes and understands 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 Participant acknowledges, agrees and accepts that Sponsor shall have the right to use such same or similar materials, and that the Participant will not be entitled to any compensation arising from Sponsor’s use of such materials.
- INTELLECTUAL PROPERTY
11.1. 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;
- “Previous Rights” refer to any Intellectual Property Rights held by the Participants before the start date of the Challenge; and
- “Creations” refer to any software (including source and object code software), database, technical specifications, text, character, work of art, 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.
11.2. 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;
- 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;
- His/her contribution is original and unprecedented;
- It does not infringe upon the copyright or any Intellectual Property Rights of any third party;
- 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
- The submission of the relevant Deliverables does not constitute an act of unfair competition of any kind.
11.3 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.
11.4. Liability. Sponsor cannot be held liable for any infringement of the above provisions by Participants. Each Participant must 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).
11.5. Ownership of Intellectual Property Rights: By submitting Deliverables and participating in this Challenge, you are not granting the Sponsor any rights to any Intellectual Property Rights supporting all or part of the Deliverables subject to Sections 6.3 (iii) and 9.1, and the Sponsor makes no claim to ownership of your Deliverables or any intellectual property that it may contain.
- MODIFICATION OF RULES, SUSPENSION AND CANCELLATION OF THE CHALLENGE
12.1. 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.
12.2. 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.
12.3. Challenge Cancellation or Suspension. The Sponsor reserves the right in its sole 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
13.1. 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.
13.2. Participants agree that Sponsor, its affiliates and all of their respective officers, directors, employees, contractors, representatives and agents will have no liability whatsoever for, and will be released and held harmless by any Participant 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.
13.3. 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.
13.4. The Sponsor will not, in any case, be held liable for damages resulting from faults with or delays in the submission of Deliverables by Participants, including 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.
13.5. The Sponsor will not, in any case, be held liable for damages resulting from services provided by a third party including Agorize relating to the prizes.
13.6. 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
14.1. Participation in the Challenge requires the communication of the Participant's personal data ("Personal Data"). The Sponsor and the service providers which assist the Sponsor in the Challenge (i.e., Glova Inc. and ICMG Co., Ltd.) (hereinafter referred collectively as “Sponsor and etc.”) will receive the Personal Data and Personal Data will be used only for the purpose of the Challenge by Sponsor and etc.
Any Participant’s claims arising from the Challenge should be addressed no later than thirty (30) days following the Challenge end date to email@example.com. All claims must include: (i) the Participant’s complete contact details (name, address, email address and phone number); (ii) the name of the Challenge; and (iii) a clear and detailed explanation for the claim.
- APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION
16.1. The Challenge and any action related thereto shall be governed by Japanese law without regard to rules governing conflicts of laws.
16.2. In case of persistent dispute 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 must 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.
16.3. In case of an ongoing dispute 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 District Court of Tokyo, Japan to which the parties expressly grant jurisdiction, even in the case of multiple defendants, in summary proceedings, appeal by guarantee or by motion.
- SIDE EFFECTS AND QUALITY COMPLAINTS REGARDING ASTELLAS PRODUCTS
17.1. The goal of this Challenge is to find non-drug-based solutions to issues prevalent in the healthcare industry. This Challenge cannot not be used as a means to make any complaints regarding undesired side effects, lack of therapeutic effect, medication errors, grey market products/counterfeit medicine, incorrect or off-label use, quality complaints and/or other issues related to the safeness or quality of Astellas products.
17.2. For any report regarding side effects of quality complaints, please contact your healthcare specialist, local healthcare authority or make a claim via Sponsor’s website.
17.3. In the case where you would report to the Sponsor any issues regarding the safety or quality of Astellas pharmaceutical products, the Sponsor will be legally bound to deal with your claim and may need to contact you directly. As the Sponsor will have to notify the competent health authorities and the Sponsor’s group companies of the issues reported by you, your information in pseudonymized form, i.e., no information by which you may be directly identified, will need to be passed on to the appropriate authorities.