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THE COVID-19 BUSINESS STARTUP CHALLENGE

 

Terms & Conditions

(updated 30 October 2020)

The COVID-19 Business Startup Challenge (the “EVENT”) is organised by the DIYC Movement (the “Organiser”)

BY REGISTERING FOR THIS EVENT, PARTICIPATING OR ATTEMPTING TO PARTICIPATE IN THE EVENT AND/OR USING THE EVENT SITE (THE “SITE” or “EVENT WEBPAGE”), YOU ARE AGREEING TO THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”). THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE ORGANISER WITH RESPECT TO THE EVENT

1.                 Eligibility

1.1.      You must be between eighteen (18) and thirty five (35) years of age.

1.2.      You must sign up as part of a team. Each team must comprise at least 3 members and a maximum of 5 members (“Team”).

1.3.      One of the team members shall assume the role of Team leader and register for this Event on behalf of his/her Team members. Only one registration shall be made per team, multiple registrations of the same Team may result in disqualification.

1.4.      You are not allowed to be on more than one team for this Event.

1.5.      If a member of any Team is found to be ineligible, the entire Team may be disqualified from the Challenge. However, the Organiser may grant leave for the Team to proceed with the Challenge without the ineligible member.

2.                 Online registration

2.1.      You must register for this event by completing the Online Registration via the Site at  https://diycx.org/diyc_business_ebiz_challenge/ (the “Site”). You warrant that all information provided by you during the registration process are accurate and complete.

2.2.      The Online Registration for this Event closes on the time and date stipulated on the Site. The Organiser may, at its sole and absolute discretion, extend the Closing Date and reserves the right to disregard or accept Registrations received by it after the Closing Date. No amendments may be made to any Registration after the Closing Date without the written consent of the Organiser.

3.                 Submission of Submission Form

3.1.      The Team Leader will receive a blank Submission Form upon successful Registration.

3.2.      Your Team must complete the both the Written Pitch and Team Formation Details of the Submission Form, and the Team Leader must submit it via email to the Organiser by the stipulated Deadline.

3.3.      As part of the Team Formation Details, all Team members must submit their Curriculum Vitae.

3.4.      Failure to comply with clauses 3.2 and 3.3 will result in immediate disqualification.

3.5.      The Submission Form submitted by the Team leader will bind all Team members to these Terms and Conditions. The Organiser may also require each Team member to signify his/her agreement to these Terms and Conditions in a manner required by the Organiser. Any breach of these Terms and Conditions by you or any of your Team members may disqualify you and your Team from participating in this Event. If information provided during Online Submission is found to be incomplete and/or inaccurate, even if related to just one Team member, the entire Team concerned will be excluded from this Event.

4.                 Selection of finalists

4.1.      Teams will be selected for the Finals based on their Written Pitch and Team Formation by the Panel of Judges using the Judging Criteria found on the Site.

4.2.      The selection of Teams selected qualifying for the Finals (the “Finalists“ ) shall be at the sole and absolute discretion of the Organiser and you agree to abide by the Organiser’s decision. If your Team has not been selected as a Finalist, you agree that you have absolutely no right of appeal and any attempts to do so will not be entertained.

4.3.      A virtual briefing session will be held held by the Organiser to provide all Finalists on the requirements and guidelines for the Finals. Finalists agree to be assigned a Mentor/Coach by the Organiser and strictly no requests to re-assign Mentorc/Coaches will be entertained.

4.4.      Finalists must be represented by at least one Team member at the virtual briefing session. If any Finalist fails to send a single representative for the virtual briefing session, that Finalist may be disqualified.

5.                 Finals

5.1.      Finalists will present their Proposed Solution and demonstrate their POC/Mock-up/Prototype via a recorded Video Presentation. The Video Presentation must not exceed fifteen (15) minutes in total. Footage exceeding 15-minutes will have only the first 15-minutes assessed and the remainder will be disregarded by the Panel of Judges.

5.2.      Finalists will be required to prepare a Report on how their Proof of Concept/Mock-up/Prototype fulfils the Judging Criteria.

5.3.      Both the Video Presentation and Report have to be submitted by the aforementioned Deadline via email. The email submission should include the Report and the Video Presentation File (unless the video file is too big to be sent). Teams must also upload the Video Presentation onto a Dropbox folder that will be provided to them.

5.4.      Failure to adhere to the Deadline will result in disqualification. Any requests to amend the Report or Video Presentation after the Deadline will not be entertained.

5.5.      After submission of the Video Presentation and Report, Finalists will be assigned a timeslot for their Q&A Session at random by the Organiser. Finalists are not allowed to change their assigned timeslot unless they are able to provide compelling reasons for re-assignment.

5.6.      The Live Q&A Session will be conducted virtually and be recorded for the Awards Event. All Teams agree to allow this recording to take place, and to be used by the Organiser for marketing, publicity or all other legitimate purposes.

5.7.      Finalists will be required to answer questions from the Panel of Judges and may be asked to conduct a live demonstration of their Proof of Concept/Mock-up/Prototype.

5.8.      After hearing the presentations of all Finalists, the Award Winner/Winners will be selected by the Panel of Judges using the Judging Criteria.

6.                 Judging and Determination of Winners

6.1.      The Award Winner(s) will be determined by the Panel of Judges appointed by the Organiser.

6.2.      All decisions by the Panel of Judges are final and not subject to review, appeal or re-consideration.

6.3.      The Organiser reserve the right not to award any prize if they, in their sole and absolute discretion, determine that there are no deserving ideas submitted.

7.                 Awards

7.1.      All awards, including the awards available and the eligibility criteria to receive awards, are determined by the Organiser in its sole and absolute discretion. The Organiser reserves the right at any time to change the prizes available or eligibility criteria to receive awards, including the manner in which the award is disbursed.

7.2.      All Award Winners must embark on their Startup/Business journey within twenty-one (21) days of receiving the Award.

7.3.      All Award Winners  agree to participate in a mentorship program as directed by the Organiser. Winners will have the program fees for this mentorship program waived.

7.4.      All Award Winners agree that the awards they receive are seed money for the Business/Startup. All Award Winners understand that the Award money provided is to aid in the implementation and execution of their Business/Startup and monies are not provided in a check given to spend as they wish.

7.5.      All Award Winners will be required to draft a Roadmap of Milestones for their Business/Startup where the attainment of milestones will allow them to draw the relevant portion from the Award Money. The Organiser has the sole and ultimate discretion of approving the roadmap of milestones for disbursing the Prize Money and the winning Team(s) agree to abide by the Organiser’s decision.

7.6.      All taxes and other expenses, costs or fees associated with the acceptance and/or use of  any Award are the sole responsibility of the Award Winners.

7.7.      Failure to adhere to Clause 7 may result in the Award Winners forfeiting the Award.

8.                 Disqualification

8.1.      Your Team may, at any time, withdraw from further participation in this Event by giving written notice to the Organiser and stating the reason(s) for your withdrawal.

8.2.      You may be immediately disqualified from participating (or further participation) in this Event if the Organiser in its sole and absolute discretion determine that:

a)     Any of your submissions (i) contains any element or content that is inappropriate, offensive, malicious or brings the Organiser into disrepute; (ii) violates the terms of use of any social media service, website, mobile application or any other platform used in connection with your Proposal; (iii) infringes the intellectual property rights of any third party; (iv) violates any applicable law; or (v) violates or does not comply with these Terms and Conditions; and/or

b)    you have engaged in any one of the following: (i) verbal abuse of another participant or Organiser’s staff; (ii) inappropriate touching or harming of another participant or Organiser’s staff; (iii) breach of these Terms and Conditions or any other agreement entered into in connection with this Event; (iv) compromising (or attempting to compromise) the spirit, integrity or legitimate operation of this Event including by cheating hacking, creating a malicious bot or other automated program or by committing fraud in any way; or (v) where continued participation may affect your health or personal well-being.

8.3.      In exercising its rights of disqualification against you, the Organiser may, in its sole and absolute discretion, determine whether to disqualify your entire Team or any one or more members of your Team. If the Organiser only disqualifies certain member(s) of your Team, the remaining member(s), who are not disqualified, may elect to continue participating in this Event without the disqualified member(s), and without the right to replace any disqualified member(s).

9.                 Personal Data

9.1.      Your personal data will be collected in the course of your participation in this Event, including during the registration process and the taking of your image in photographs or other recordings during this Event (“Images”). All personal data will be processed and retained by the Organiser in accordance with the Personal Data Protection Act 2010 and the Organiser’s privacy policy (available https://diycx.org/privacy-policy/ ).

9.2.      You consent to the Organiser’s use and disclosure of your personal data for the purposes of (a) processing your registration; (b) administering and planning your participation in this Event; (c) maintaining of Event participants’ database; (d) processing your prize vouchers or cash prize payment if your Team is one of the winning teams for this Event; (e) responding to your queries about this Event; (f) obtaining your feedback on your Event experience; and (g) sending updates and news on future events organised by the Organiser which may be of interest to you. It may be necessary for the Organiser to disclose your personal data with its agents/service providers in relation to the stated purposes as well as third parties funding and/or jointly organising this Event.

9.3.      You consent to the Organiser’s use of your personal data in connection with this Event, including the use of your name, publication of the Images on such media platforms that the Organiser may from time to time determine for the purposes of promoting or reporting on this Event without additional compensation, notification or permission, unless prohibited by law.

9.4.      You agree that the Organiser has complete ownership of all Images, audiotapes and the like which may contain your likeness, image and/or voice, including the entire copyright, and the Organiser may use them for any purpose deemed as appropriate in connection with this Event. These uses include, but are not limited to, reproductions, advertisements, promotional videos, educational materials, and illustrations in any medium now known or later developed including the internet. You release the Organiser from any and all claims which arise out of or are in any way connected with such use.

10.               Intellectual Property and Licensing

10.1.   You will retain ownership of any intellectual property created by you for this Event.

10.2.   In consideration of your participation in this Event, you grant to the Organiser (the “Licensee”), a non-exclusive, transferable, perpetual, irrevocable, worldwide, royalty-free right and licence to use, modify, reproduce, distribute and create derivative works (or have others exercise such right and licence on its behalf) of all intellectual property in your Proposals. For the avoidance of doubt, the ownership of all intellectual property comprised in any derivative created by or for a Licensee shall vest solely in the Licensee.

10.3.   The Organiser reserves the right to publicly display the work created by you during and inconnection with this Event.

11.               Warranties

11.1.   You represent, undertake and warrant that: (a) you have the requisite rights, licenses and consents to grant the licence in Clause 9 to the Licensee; (b) your Proposal will not be developed with software and tools, and will not incorporate any software and tools, that would prevent or restrict the Licensee from using, modifying, reproducing, distributing, creating derivative works from, or sub-licensing your Proposal, in the manner contemplated in Clause  or where such use, modification, reproduction, distribution or creation would require a Licensee to seek the consent of a third party; and (c) your Proposal will not infringe the intellectual property right or other proprietary right (including confidential information or trade secrets) of any third party.

11.2.   You and/or each of your Team members undertake not to present projects that have previously been submitted to other initiatives or projects that have been presented at previous editions of this Event.

12.               Disclaimers

12.1.   This Event and any services or materials provided by the Organiser in connection with this Event, are made available on an “as is” and “as available” basis.

12.2.   The Organiser disclaims all representations, conditions and warranties of any kind, whetherexpress, implied or otherwise, in relation to this Event and the services or materials provided in connection with this Event. The Organiser further disclaims all liability in respect of this Event, to the extent permissible by law. Notwithstanding any part of these terms, the Organiser reserves the right to discontinue, terminate or postpone this Event at any time, in its sole and absolute discretion, without prior notice to you, and without incurring any liability to you.

13.               Limitation of Liability

13.1.   In no event shall the Organiser be liable to you for any special, indirect, incidental, consequential damage of any nature whatsoever, including any loss of profits, loss of revenue, contracts, anticipated savings or business, pure economic loss, loss or corruption of data, loss of opportunity and/or expectation loss. To the extent that the Organiser may be liable to you, its aggregate liability to you, whether in contract, tort (including negligence) or otherwise for any and all losses, damage or liabilities caused or arising from any breach, failure or default in performing any of its obligations (whether arising under these terms or at law), and regardless of the number of claims, shall not exceed the aggregate sum of RM 100.

14.               Indemnities

14.1.   In the event of any breach of these Terms and Conditions by your, or any act or omission which results in a breach, you shall indemnify, keep indemnified and hold the Organiser harmless from and against all actions, proceedings, claims, demands, loss, damages, costs, legal costs and other expenses of any nature which may be made or brought against or suffered or incurred by the Organiser, whether directly or indirectly.

15.               General Provisions

15.1.   Clauses 8, 9, 11, 12 and 13 shall survive the conclusion of this Event or the termination of these Terms and Conditions. These Terms and Conditions form the entire agreement between the parties in relation to this Event and supersede any other representations or arrangements relating to this Event.

15.2.   The invalidity, illegality or unenforceability of any part of these Terms and Conditions shall not affect the validity, legality and enforceability of other parts. A waiver of a party’s rights shall be in writing and shall not prevent the party’s further exercise of the same or any other right.

15.3.   These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. In the event of any dispute arising out of or relating to the Event or these Terms and Conditions, parties agree to submit to the exclusive jurisdiction of the Malaysia Courts.