DEVELOPER CHALLENGE SERIES

Advancing Care for Patients Living with mBC - Pfizer Technology Innovation Challenge (the "Challenge")

 

OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

SPONSOR: The sponsor of this Challenge is Pfizer Inc, 235 E 42nd St, New York, NY 10017 ("Sponsor").

ADMINISTRATOR: The administrator of the Challenge is Health 2.0, LLC, 350 Townsend Street, #403, San Francisco, CA 94107 ("Administrator")

CHALLENGE DESCRIPTION:  Phase I of the Challenge begins at 09:00 AM Eastern Time on Tuesday, September 27, 2016 and ends at 11:59 PM Eastern Time on Friday, January 20, 2017 ("Challenge Period"). 5 semi-finalists will be selected to move onto Phase II to receive mentorship from industry experts and present their solutions to a review panel. 3 finalists will be selected to move onto Phase III where a grand winner will be selected at a live pitch event. Entry into the Challenge does not constitute entry into any other challenge or promotion, including, without limitation, other similar challenges or promotions offered by Sponsor and/or Administrator. By participating in the Challenge, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, Administrator, and/or the individual judges (as applicable), which shall be final and binding in all respects.

ELIGIBILITY: The Challenge is open only to an Entrant defined as (a) any organizational entity that operates lawfully anywhere in any country or territory and (b) teams (whether individuals participating alone or groups of 2 or more) who are 18 years old or older as of their time of entry. Employees of Sponsor, Administrator, each of their affiliates, and/or any other individual or entity associated with the development, judging, or administration of the Challenge as well as members of such persons' immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are not eligible to participate in the Challenge.

HOW TO ENTER: To enter go to the website (the "Challenge Website"), complete the Official Entry Form, and submit your contest submission in accordance with all terms and conditions specified in these Official Rules and on the Challenge Website. The Submission must demonstrate the capabilities and functionality of the proposed solution and address the criteria posted on the Challenge Website. You may enter either alone or as part of a team. Each team member must be clearly identified on the team's Official Entry Form to be eligible. Each Submission entered into the Challenge must meet the "Submission Requirements" described by the challenge Sponsor (any Submission that, in Sponsor's sole discretion, violates the following criteria will be disqualified). Once a Submission is made in each phase, a team is prohibited from making any changes or alterations to the product described in its Submission until the evaluation of the entries is completed. Entrants acknowledge that Submissions submitted as part of the Challenge will be considered by Sponsor and Administrator as non-confidential disclosures.

Submissions, for Phase I, must be received during the Challenge Period to be eligible. No new Submissions to the Challenge will be accepted once the Challenge Period (Phase I) has ended.  Administrator is the official timekeeper for the Challenge. In the event that a dispute regarding the identity of the individual or team who actually submitted the entry cannot be resolved to Sponsor's and/or Administrator's satisfaction, the affected entry will be deemed ineligible. Except as otherwise stated in these Official Rules, personal information collected in connection with the Challenge will be used by Sponsor and Administrator in accordance with Sponsor’s privacy policy available on the Challenge Website and with any additional consent given by an Entrant at the time of entry. All entry information and materials, including any copy of the Submission submitted to Sponsor, become the property of Sponsor and will not be acknowledged or returned. Proof of Submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor and Administrator shall have no liability for any Submission that is lost, intercepted, or not received by Sponsor and/or Administrator. Sponsor and Administrator assume no liability or responsibility for any error, omission, interruption, deletion, theft, or destruction or unauthorized access to, or alteration of, Submissions.

REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: By participating in the Challenge, each Entrant represents, warrants, and covenants as follows: (a) Entrant is the sole author, creator, and owner of the Submission; (b) Entrant is eligible to participate in the Challenge in accordance to the eligibility criteria set forth in these Official Rules; (c) the Submission is not the subject of any actual or threatened litigation or claim; (d) the Submission does not and will not violate or infringe upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; (e) the Submission does not and will not contain any harmful computer code (sometimes referred to as "malware," "viruses" or "worms"); and (f) the Submission, and Entrants use of the Submission, does not and will not violate any applicable laws or regulations, including, without limitation, applicable export control laws and regulations of the U.S. and other jurisdictions. If the Submission includes any third party works (such as third party content or open source code), Entrant must be able to provide, upon Sponsor and/or Administrator's request, all appropriate licenses and releases for such third party works. In the event Entrant cannot provide all required licenses and releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the licenses and releases for Sponsor's benefit and allow the applicable Submission to remain in the Challenge. Entrants will indemnify, defend, and hold harmless Sponsor and Administrator from and against all third party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to or arising from Entrant's Submission or any breach or alleged breach of any of the representations, warranties, and covenants of Entrant hereunder. Sponsor and/or Administrator reserves the right to disqualify any Submission that Sponsor and/or Administrator, in its sole discretion, deems to violate these Official Rules.

SUBMISSION LICENSE: EACH ENTRANT RETAINS TITLE AND FULL OWNERSHIP IN AND TO THEIR SUBMISSION. ENTRANT EXPRESSLY RESERVES ALL INTELLECTUAL PROPERTY RIGHTS NOT EXPRESSLY GRANTED UNDER THIS AGREEMENT. By participating in the Challenge, each Entrant hereby irrevocably grants to Sponsor and Administrator a limited, non-exclusive, royalty free, worldwide, license and right to use the Submission and any product arising from the Submission to the extent necessary to administer the Challenge, and to publicly perform and publicly display the Submission and any product arising from the Submission, including, without limitation, for advertising and promotional purposes relating to the Challenge.

SPONSOR INTELLECTUAL PROPERTY RIGHTS: Sponsor retains title and full ownership to all Intellectual Property Rights which: (a) were lawfully possessed by the Sponsor prior to receiving a Submission from an Entrant; and/or (b) are or have been independently developed by employees, consultants or agents of the Sponsor.  Entrants’ acknowledge that the Sponsor may be independently developing concepts or applications similar or identical in nature to the Submission or elements of the Submission and that entrants agree that they have no claims to such Intellectual Property Rights.  “Intellectual Property Rights” means all copyrights, trade secrets, trademarks, patent rights, Know-How and any and all other intellectual property or proprietary rights now known or hereafter recognized in any jurisdiction. “Know-How” means any invention, discovery, development, data, information, process, method, technique, technology, result, or other know-how, whether or not patentable, and any embodiments of any of the foregoing.

RIGHT OF FIRST NEGOTIATION: Each team hereby grants Sponsor an exclusive Right of First Negotiation to acquire rights in any Submission or product arising out of the Challenge (“RFN”). If Sponsor chooses to exercise this RFN, Sponsor will notify the team in writing of Sponsor’s desire to negotiate with team, and the team will exclusively negotiate terms in good faith with Sponsor for a period of at least thirty (30) days after the team’s receipt of Sponsor’s notice. If no agreement has been reached after the expiration of the thirty (30) days, then the team may negotiate with third parties without further obligation of exclusivity to Sponsor.

PUBLICITY RELEASE: By participating in the Challenge, in addition to any other grants granted herein or which may be granted in any other agreement entered into between Sponsor and/or Administrator, on the one hand, and any Entrant in the Challenge, on the other hand, each Entrant hereby irrevocably (a) grants to Sponsor and Administrator the right to use such Entrant's name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and promotional purposes relating to the Challenge and (b) releases Sponsor and Administrator from any liability with respect thereto. No Entrant may use the name or logo of Sponsor in any publicity related to a Submission or any product resulting from a Submission without the prior express written consent of Sponsor.

WINNER SELECTION/EVALUATION CRITERIA: Initial judging will be conducted by a panel of industry experts who will recommend to the Sponsor 10 proposals to be reviewed by the Steering Committee. The Steering Committee will recommend to Sponsor 5 semi-finalists among all eligible entries to continue on to Phase II.  Winning solutions will not be duplicative of, or overly similar to, any initiatives or projects already in development or under consideration for development by Sponsor. The distribution of funding will be based on the following evaluation criteria:

     Creativity and innovation

     Addresses one or more of the patient needs outlined by the challenge

     Overall design and intuitiveness of the solution

     Feasibility of implementation

The Steering Committee will recommend to Sponsor 3 finalists in Phase II that will move to Phase III. The distribution of funding to the 3 Phase II finalists will be determined based on the following criteria:

     Engaging UX/UI design, including user-friendliness and attractiveness

     Potential for impact

     Scalability

     Strength of presentation

The Steering Committee will recommend a Phase III winner & runner up to Sponsor during a live pitch event, with the Sponsor ultimately to select the winner and runner-up from the 3 finalists.  The distribution of funding to the Phase III winner & runner up will be determined based on the following criteria:

     Strength of business plan

     Strength of presentation

     Degree of innovation and creativity

     Addresses the needs of patients living with mBC

The evaluation criteria are to be applied in the sole discretion of Sponsor and the individual reviewers. By participating in the Challenge, each Entrant into the Challenge acknowledges and agrees that such evaluations may differ from person to person and agrees to be bound by and not challenge the final decisions of Sponsor and the individual reviewers.

NOTICE TO WINNERS: Attempts to notify potential winners will be made using the contact information provided on the winner's Official Entry Form. Sponsor and Administrator are not responsible for e-mail or other communication problems of any kind. If, despite reasonable efforts, a potential winner does not respond within five (5) days of the first notification attempt (or a shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential prize winners in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded at the sole discretion of the Sponsor.

REPORTING: Sponsor may disclose the details of this Challenge and these Official Rules, and any payment or transfer of value (including the awarding of prizes as set forth below) by Sponsor or Administrator to a Healthcare Professional (“HCP”) or hospital by Sponsor pursuant to the administration of the Challenge (each such payment or transfer of value, a “Reportable Event”), to a governmental body to comply with applicable transparency laws, rules, or regulations. Such details may include (but may not be limited to) an Entrant’s or winner’s name, contact state and the description of Reportable Event. After the judging of Phase I is complete, each winner must inform Sponsor if any HCP or hospital was involved in the entry and preparation of the Submission, or certify that none were. Upon Sponsor’s request, winner must provide Sponsor with accurate and timely data (as described above) relating to all Reportable Events, and in no case will such data be provided to Sponsor later than sixty (60) days from the date of each Reportable Event. Winner will receive a template from Sponsor with instructions on data fields and template format that are required for each Reportable Event. Full compliance with the foregoing terms of this Reporting section and all other terms of these Official Rules is a condition precedent to any winner receiving a prize. During the Challenge (through the conclusion of Phase III) and for a period of five (5) years following the Challenge, each winner agrees that it will cooperate with Sponsor to resolve third party disputes related to any Reportable Event. Such cooperation may include a winner providing Sponsor with records relating to the Submission, Challenge or any Reportable Event in a timely manner.

ANTICIPATED NUMBER OF ENTRANTS: : Many will enter, 5 Submissions will be selected as semi-finalists in Phase I and these semi-finalists will go on to develop their proposed solutions in Phase II. 3 finalists will move on from Phase II to Phase III. In Phase III, one winner and one runner up will be selected. Actual odds of winning depend on the number of eligible entries received. Sponsor and Administrator cannot accurately predict the number of Entrants who will participate in the Challenge.

PRIZES:

Recognition and prizes will be distributed as follows (up to $250,000 in total):

     Phase I 5 Semi-Finalists: $10K to each of the 5 semi-finalists

     Phase II 3 Finalists : $20K to each of the 3 finalists

     Phase III Live Pitch Event by the 3 Finalists: $100K to winner; $40K to the 2nd place runner up

Phase I semi-finalists will receive mentorship from industry experts to guide the development of their solution. Winners from each Phase will be featured in Health 2.0 marketing and promoted throughout the Health 2.0 network. Winners will draw global attention from organizations across the healthcare landscape. They also may have the opportunity to be announced at various conferences throughout the duration of the challenge.

GENERAL PRIZE CONDITIONS: The potential winner may be required to execute an Affidavit of Eligibility, a Liability Release and (where imposing such condition is legal) a Publicity Release (collectively "Prize Claim Documents). If a winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of Sponsor's and/or Administrator's request (or a shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected. No more than the advertised number or monetary amount of prizes will be awarded. No cash alternative or substitution or transfer of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value, in whole or in part, for any reason. THE WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY INCOME TAXES OR OTHER TAXES THAT MAY APPLY TO ACCEPTING A PRIZE; SPONSOR AND ADMINISTRATOR ARE NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES. All awards will be contingent on the potential awardee having successfully passed Pfizer’s Restricted Party Screening and due diligence reviews.  Successful completion of the due diligence review will be in Pfizer’s sole discretion. 

DATES/DEADLINES: Because of the unique nature and scope of the Challenge, Sponsor and Administrator reserve the right, in addition to those other rights reserved herein, to modify any dates or deadlines set forth in these Official Rules or otherwise governing the Challenge.

GENERAL LIABILITY RELEASE/FORCE MAJEURE: Each Entrant agrees that Sponsor and Administrator (a) shall not be responsible or liable for any losses, damages, or injuries of any kind (including death) resulting from participation in the Challenge or any Challenge-related activity, or from Entrants' acceptance, receipt, possession, use, or misuse of any prize, and (b) have not made any warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, regarding such prize's merchantability or fitness for a particular purpose. Entrants will indemnify, defend, and hold harmless Sponsor and Administrator from and against all third party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to or arising from Entrant's participation in the Challenge. Sponsor and Administrator assumes no responsibility for any damage to an Entrant's computer system which is occasioned by accessing the Website or other Challenge-related websites or participating in the Challenge, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, delayed computer transmissions, or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor and Administrator are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, postage-due, damaged, or stolen entries or prize notifications; or for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone, cable transmissions or other communications; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor and Administrator each reserve the right in their sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Challenge or Website or other Challenge-related websites, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Challenge, or to annoy, abuse, threaten, or harass any other person, and Sponsor and Administrator each reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event an insufficient number of eligible entries are received or Sponsor and/or Administrator is prevented from awarding the prize or continuing with the Challenge as contemplated herein by any event beyond its control, including, without limitation, fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control ("Force Majeure"), Sponsor and/or Administrator shall have the right to modify, suspend, or terminate the Challenge. If the Challenge is terminated for Force Majeure before expiration of the Challenge Period, Sponsor and/or Administrator will (if reasonably possible) select a winner from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of both Sponsor and Administrator. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS, SPONSOR AND/OR ADMINISTRATOR IN CONNECTION WITH THE CHALLENGE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAWS RULES OR PROVISIONS. ANY LEGAL CLAIMS ARISING FROM OR RELATING TO THE CHALLENGE OR THESE OFFICIAL RULES MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN NEW YORK.

WINNERS LIST/OFFICIAL RULES: To obtain any legally-required winners list (after the conclusion of the Challenge) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: Health 2.0, LLC, Attn: Health 2.0 Developer Challenges, 350 Townsend St. #403, San Francisco, CA 94107. Please specify "winners list" or "Official Rules" and the name of the specific Challenge in your request.

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