Competition terms and conditions

By entering into this Competition (whether as an individual Entrant or as part of a team) you confirm that you have read and agree to be bound by the terms and conditions set out in this document (the “terms and conditions”). You confirm that your Entry is original and that you own and have the right to use and license the copyright and other intellectual property rights in the Entry for the purposes referred to in these terms and conditions.

Definitions

  • "Alumni" refers to any past student of the University that has exited with any kind of certificate or award of education from the University i.e. need not be a full honours degree.
  • "Cash Prizes" refer to any monetary award given to winners of the Competition.
  • "Competition" means the 2021 flare Ignite annual start up competition to help students and Alumni launch new businesses or come up with innovative ideas.
  • "Entrant" refers to an individual who makes an Entry, whether alone or as part of a team. For the avoidance of doubt, each member of a team shall be an Entrant.
  • "Entry" refers to any one (1) submission to the Competition, whether by an individual or by a team.
  • "Non-Cash Prizes" refer to any awards of a non-monetary nature given to winners of the Competition at the discretion of the University which may consist of free membership to professional bodies, free office space, and/or free consultation etc.
  • “Prize(s)” means the Cash Prizes and the Non-Cash Prizes.
  • "Team Leader" refers to the main contact within a team Entry that must meet all criteria laid out in clause 3 below.
  • “University” means the University of Hertfordshire Higher Education Corporation of College Lane, Hatfield, Hertfordshire AL10 9AB.

By submitting an Entry to this Competition, each Entrant agrees to the following terms and conditions:

1. Eligibility

1.1 This Competition is open to all full and part time current students of the University and any Alumni within four (4) years of their graduation date.

1.2 International students are eligible to enter only certain restricted categories of the Competition which are listed on the University’s website. Due to visa restrictions, an Entrant who is an international student must not start the business whilst they are a student in the United Kingdom.

1.3 Previous winners (and finalists) of the Flare Ignite and Flare annual start up competition can enter the Competition provided that they can demonstrate progress of the original idea or business and meet the eligibility criteria in this clause 1. A previous winner or finalist may also enter the Competition with a new idea.

1.4 To be eligible for a Prize Entrants must confirm that they can attend each stage of the Competition including the Competition final during WorkFest Week during [October 2021] and the Competition awards ceremony in [October 2021] .

1.5 Subject to clause 1.6, an Entrant may be an employee of the University provided that they are also a current student of the University or an Alumnus/a within four (4) years of their graduation date, as set out at clause 1.1 above.

1.6 No person with a connection to the organisation of the Competition shall be eligible to participate in the Competition.

2. Entry

2.1 Entry is free of charge.

2.2 No Entries will be accepted after the deadline date for each stage of the Competition.

2.3 Entrants will be selected on the basis of merit during each stage of the competition, by a panel of judges for progression to the final of the Competition.

2.4 The winner(s) will be chosen on the basis of merit by a panel of judges and the winning Entries will win a Prize as described further below. The panel’s decision is final and no correspondence will be entered into except as expressly stated in these terms and conditions relating to how the decision has been reached.

3. Team Entry

3.1 A maximum of five (5) individuals may enter the Competition as a team provided that at least 50% of the team meet the eligibility criteria set out above in clause 1.

3.2 The nominated Team Leader must be one of the individuals who satisfy the eligibility criteria. The nominated Team Leader must be specified at the point when the Business Model Canvas is submitted.

3.3 New members are not permitted to join the team after the initial Entry has been made. All team members must be confirmed at point of Business Model Canvas submission and no later.

3.4 All correspondence will be communicated to the Team Leader who will be responsible for communicating all relevant information to the rest of the team. The University accepts no responsibility for any failure or delay by a Team Leader to forward correspondence to the rest of the team.

4. How to enter and Intellectual Property

4.1 Entrants can submit more than one (1) Entry but only one (1) Entry per individual can progress to the final of the Competition in the case where both Entries are otherwise eligible. If the Entrant submits another Entry as part of the team, this can progress to the final provided that there is a different Team Leader for this Entry.

4.2 Each Entrant confirms that their Entry and its intended development and/or exploitation does not and will not, to the best of the Entrant’s knowledge and belief, infringe the intellectual property rights or any other rights of any third party. Such parties may include but are not limited to collaborators, colleagues, fellow students, research sponsors, software developers, etc.

4.3 Each Entrant confirms that they shall notify the University immediately and provide full information where they are aware or become aware of any potential or actual conflict of interest affecting their participation in the Competition. The University reserves the right to check the University’s records and conduct such inspections and enquiries as the University deems appropriate. The Entrant shall promptly provide such information and/or documentation as may be requested by the University. Any conflicts of interest shall be managed in accordance with the University’s Conflicts of Interest policy.

4.4 Each Entrant confirms that they shall notify the University immediately and provide full information where the University has had any previous involvement in the creation or development or ownership of the intellectual property associated with the Entry. The University reserves the right to check the University’s records and conduct such inspections and enquiries as the University deems appropriate. The Entrant shall promptly provide such information and/or documentation as may be requested by the University.

4.5 The University accepts no liability incurred in connection with a breach of any third party rights by any Entrant. Any Entrant found to be, or alleged to be, in breach of any third party rights agrees to indemnify the University for all liability incurred by the University in connection with such actual or alleged breach.

4.6 It is the responsibility of the Entrant to confirm that they have the right to exploit any intellectual property contained in their plan, and to take the appropriate steps to protect it.

4.7 Subject to clause 6.1, the University will use reasonable endeavours to hold in confidence any confidential information contained in the Entries and will take reasonable steps to ensure that all panel judges and business advisors are bound by similar obligations of confidentiality before giving them access to the Entries.

5. Prizes

5.1 All Prizes are non-transferable, non-refundable, non-changeable and subject to availability, and the number and value of Prizes shall be determined by the University at its sole discretion.

5.2 The Cash Prizes will be made in two (2) instalments. 50% of the Cash Prize will be paid by BACS in the month following the award (subject to clause 5.4) with the remaining 50% to be paid at any time during the next twelve (12) months assuming satisfactory discussions have taken place between the University and the Entrant(s) of a winning Entry, and the Entrant(s) have fulfilled its/their obligations under clause 5.3. Prize payment terms are at the University's discretion and could be subject to change.

5.3 Each Entrant of a winning Entry shall promptly provide the University with such assistance, reports and information as the University may reasonably request from time to time relating to the Cash Prize including but not limited to financial records, details of expenditure, updates on their business/idea and progress reports.

5.4 All Cash Prizes will be paid by the University by way of a BACS transfer to either the Team Leader or individual Entrant (as applicable) of a winning Entry into the nominated bank account which the individual Entrant or Team Leader must have nominated in writing within four (4) weeks of the Competition awards ceremony. Where the individual Entrant or Team Leader (as applicable) fails to nominate an appropriate bank account, the Cash Prize will become null and void.

5.5 The nominated bank account must be in the name of an individual and the University will not make the payment to a company bank account.

5.6 Responsibility for redeeming Non-Cash Prizes offered by third parties rests with the Entrant and not the University. Such Non-Cash Prizes must be redeemed within six (6) months of notification of the Prize; failure to do so will result in the Prize becoming null and void.

5.7 Each Entrant (and, where an entry is made as a team, each team member) shall ensure that they comply with all applicable rules regarding State Aid.

6. Publicity and personal data

6.1 Each Entrant grants the University permission to use their Entry (whether or not it wins the Competition), name, likeness and (if requested) biographical details for advertising and future promotional purposes in relation to the Competition (and future Flare and Flare Ignite annual start up competitions) without payment to them. Their name, photograph(s) and other details may be published on the University website. They permit the University to hold records of the personal information supplied by them and to use such information to promote the Competition (and future flare and flare Ignite annual start up competitions) as well as to keep them informed by post, e-mail or other means about courses, products and services which may be of interest to them.

6.2 The University will duly observe all of its obligations under either (a) data protection legislation in force in England as at the date of this Agreement, including  the Data Protection Act 2018 and the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR)  in addition to any other applicable laws in England relating to the processing of personal data and privacy,  any national implementing laws, regulations and secondary legislation and any successor legislation and any guidance and/or codes of practice issued by the Information Commissioner or relevant government department in relation to such legislation, each as amended or updated from time to time, together “the Data Protection Legislation” or (b) such legislation as shall be enacted to replace the Data Protection Legislation in England as a result of the United Kingdom’s exit from the European Union (the “Replacement Data Protection Legislation”). The University shall use and take care of any personal information you supply to it as described in its data protection policy and privacy statement, a copy of which can be seen on the website, https://www.herts.ac.uk/__data/assets/pdf_file/0017/233090/IM08-Data-Protection.pdf. By entering the Competition, all Entrants agree to the collection, retention, and usage of their personal information in order to process and contact Entrants about their Entry, and for the purposes outlined above.

6.3 All winning Entrants unconditionally agree (as a condition of accepting any Prize) to co-operate with or participate in any other reasonable post-Competition publicity.

6.4 Any valid or reasonable requests from an Entrant who does not wish for their photos to be used will be considered on a case-by-case basis by the University.

7. Freedom of information

The University is committed to meeting its legal obligations under the Freedom of Information Act 2000 ("FOIA") and the Environmental Information Regulations 2004 (“EIR”). Accordingly, it may be required to disclose any information submitted by Entrants in response to a request under FOIA and/or EIR.

8. Liability

8.1 The University will not accept:

(a) responsibility for Entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or

(b) proof of posting or transmission as proof of receipt of entry to the Competition.

8.2 The University gives no guarantee in relation to Prizes offered by third parties and assumes no liability for the failure or non-performance thereof under any circumstances.

8.3 The University will not be liable for any loss, damage or delay which occurs in connection with Entrants' participation in this Competition or their use of any Prize, including without limitation financial, indirect or consequential loss.

8.4 Nothing in these terms and conditions will seek to limit or exclude the University's liability for death or personal injury resulting from its negligence.

8.5 The University will not be liable for the costs of Entrants participating in the Competition, such costs will be borne by the Entrants themselves.

8.6 All liability for tax associated with the receipt of Prizes shall be the responsibility of the Entrant and the University cannot provide any advice or assistance in this respect.

9. Disqualification

The University reserves the right in its absolute discretion to disqualify any Entrant if such Entrant’s conduct is contrary to the spirit or intention of the Competition, a conflict of interests is found to exist and/or the University has reasonable grounds to believe that the Entrant has breached any of these terms and conditions, any applicable law or has otherwise infringed the intellectual property rights or any other rights of any other person, or otherwise may be considered by their conduct to bring the University into disrepute.

11. Governing law

These terms and conditions will be governed by and construed in accordance with English law and Entrants consent to the exclusive jurisdiction of the English courts.

Disclaimer

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