Terms & Conditions
Terms of Participation
These are the terms and conditions of participation which govern the Kawasaki Heavy Industries, Ltd. Precision Machinery Business Division Co-Creation Challenge (collectively the “Challenge”). These shall be governed by and construed in accordance with laws of Japan without reference to principles of conflict of laws.
In this challenge, the Participants (“Participants”) will be asked to participate towards realizing each Challenge Vision set by Kawasaki Heavy Industries, Ltd. Precision Machinery Business Division. This Challenge is jointly organised by Kawasaki Heavy Industries, Ltd. Precision Machinery Business Division and ICMG Co., Ltd. (Collectively the "Organizer").
The Kawasaki Heavy Industries, Ltd. Precision Machinery Business Division Co-Creation Challenge consists of two stages: 1st stage is the period from the date of Entry open to the decision of those who have passed the application selection. 2nd stage is the period from the notification to those who passed the application selection to the final internal presentation in Kawasaki Heavy Industries, Ltd. listed on the website (https://khi-pmdrobo-cocreation.com/machinery, same as below. If the domain or content of the website changed for any reason, it is also included).
The following words shall have the following meanings:
- "Entry" means to complete the Entry Form on the Challenge website to provide the Organizer with information related to participate in this challenge.
- "Entry Form" means a form for submitting to the Organizer the information related to participate in this Challenge listed on the website.
- "Entry Contents" consists (1) answer to the Entry questions and (2) the attached materials that supplements to the contents of the answers provided.
- "Participants" means individual or entity that has entered this Challenge.
- "Idea" means business plan that you want to realize with the Organizer, and the drawing and design of the product for that purpose.
- "Intellectual Property Rights" means Including but not limited to the Copyright, Patent rights, Utility model rights, Trademark rights, Design rights and other Intellectual Property rights (including the right to acquire and apply for registration).
- "Co-Creator" means members of the Organizer who will be working with the Participants selected for the 2nd stage toward the realization of the entry contents.
- "Confidential Information" means all information disclosed by the information provider to the recipient in this Challenge, whether in written, verbal, electronic or otherwise. However, this does not apply to the following items.
- Information already owned by the recipient before disclosure.
- Information that became publicly known after disclosure, regardless of the responsibility of the recipient.
- Information that was already publicly known at the time of disclosure.
- Information obtained by the recipient from an authorised legitimate third party (Directors, corporate auditors, officers, employees of the organization to which the recipient belongs, as well as certified accountants, lawyers, tax accountants and other professionals with legal confidentiality obligations appointed by them) without obligation of confidentiality.
- Information that the provider acknowledges in writing that confidentiality is not required.
Conditions of Participation
By participating in the Challenge, Participants agree to the conditions stated below
- The Challenge is open to all except for current employees of the Organizer.
- To participate in the Challenge, each team must have submitted their entry before the close of the deadline. In addition, at their sole discretion, the organizer may extend the entry deadline.
- The Organizer reserves the right to reject any incomplete or late submissions.
- All ideas submitted must not in the public domain and must contain participant’s original concept, and must not infringe or violate any law, right of any person or entity, nor contain material that infringes or violates any personal or intellectual property rights of any third party.
- All Participants agree to indemnify, release, discharge and hold harmless the Organizer and their affiliates with this Challenge, from any claim, loss, or damages which any of them may suffer as a result of any Challenge related activities, infringement of the intellectual property rights of any third parties or breach of any of the terms and conditions of the Challenge, by any of the Participants.
CHALLENGE ENTRY SUBMISSIONS
- All submissions must meet the following general conditions:
- Be complete. Incomplete entries will be deemed invalid and disqualified.
- The content and any supporting materials must be acceptable for all viewing audiences. Acceptable deliverables are as follows: PPT and for videos mp4 not exceeding 50MB or YouTube links.
- Any entry or any supporting materials that contains text, sound, or images that the Organizer regards as contrary to public order and morals will be automatically disqualified and/or removed at their sole discretion.
- The Organizer may pass on any submissions to any groups within the Organizer and/or other third parties involved in the operation, evaluation or judging of the Challenge.
- By submitting an entry in this Challenge, Participants personally confirm that:
- Their entry meets all requirements stated;
- Their entry must not contain contents that infringes the Intellectual Property rights of any third parties;
- Their ideas submitted to the Challenge will not be displayed, exhibited, demonstrated, or submitted to any other competition during the Challenge.
- Any Challenge entry that does not fulfil any of the above conditions will be disqualified.
INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights developed by the Participants from the technologies, designs, images, and other text-based information provided by the Organizer during the Challenge will belong to the respective Participants ("Owner Participants"); provided that the Participants may not, during the Challenge, use such intellectual property rights for any purpose other than the purpose of the Challenge. Other Participants shall not use the intellectual property rights of the Owner Participants in any way without getting an express license from the Owner Participants for such use.
- Participants who participate in the 2nd stage agree to assign any Intellectual Property developed during this Challenge non-exclusively to the Organizer.
SELECTION OF IDEAS FOR 2nd STAGE
- The Organizer will shortlist teams to participate in the 2nd Stage. The selected participants will work with their Co-Creators to accelerate the realization of the entry contents.
- Participants not selected for the 2nd Stage will not carry on with the Challenge.
PARTICIPATION IN 2nd STAGE
- Participants selected for the 2nd stage will be required to comply with the following:
- Submit Assignments to the Organizer and adhere to deliverables requested by the Organizer
- Follow-up with Mentors on a regular basis
- The Organizer reserves the rights to vary or change the dates mentioned and the Participants are required to comply with the changes. Should the Participants fail to comply with the above, the Organizer reserves the right to disqualify them.
PARTICIPATION IN THE DEMO DAY AND INCENTIVES
- Participants in the second stage may be asked to present your ideas at an internal presentation held by the Organizer.
- The Incentives for winners are as described on the website for each challenge.
- The Organizer reserves the right to substitute or withdraw or to award one or more or not award any incentives at all for the Challenge. The decision of the Organizer will be final.
- All Participants who are members of the selected team(s) agree and consent to the public disclosure and use of their identities, including but not limited to names, images, voice, and video recordings for publicity purposes, and to participate in the publicity activities in relation to the Challenge.
- All Participants shall not: (1) disclose any Confidential Information to any person who is not a registered participant in their team, or (2) store and/or keep any Confidential Information in whatever form after the Challenge, or (3) commercialise any Confidential Information, without the express written consent of the owner of the Confidential Information.
- Any intellectual property rights and all other rights in and to the Confidential Information shall remain vested in the Disclosing Party. No license or right regarding the Confidential Information is granted to the Receiving Party and its Permitted Persons.
- For those who will be selected after 1st stage, Challenge Owner may request that each Participant execute a confidentiality/non-disclosure agreement for the purpose of entering into negotiations regarding the further development of the Participant’s project, as described in his/her Deliverable. Such confidentiality/non-disclosure agreement will be directed to his/her Deliverable and all intellectual property originating from Challenge Owner that it may contain.
- The Organizer reserves the right to amend these terms and conditions of participation at any time at its absolute discretion without any further notice, including but not limited to the eligibility terms and criteria, the selection of winners, the timing of any act to be done and all Participants to this Challenge shall be bound by these amendments. The amended terms and conditions of participation will be made available on the Challenge Owner’s Challenge microsite.
- Unless otherwise agreed upon in writing, the Participants shall solely bear all costs and expenses incurred in participating in the Challenge.
- The Organizer shall not be liable for any claim or action for any loss, damage or injury whatsoever arising from the Challenge and acceptance of any incentives.
- The Organizer reserves the right at any time and in their absolute discretion to cancel or modify the Challenge without prior notice without any liability to the Participants.
- No contract or agreement providing for the Possible Transaction – meaning possible collaboration with the Organizer - shall be deemed to exist between the Parties hereto unless and until a definitive agreement with respect thereto has been executed and delivered by and between the Parties hereto after necessary management approval of each party is duly obtained. Unless and until such definitive agreement has been executed and delivered by and between the Organizer and Participants hereto, there shall not be any legal obligation on either party hereto of any kind whatsoever with respect to the Possible Transaction by virtue of this Agreement or any other written or oral expression with respect thereto, except, in the case of this Agreement, for the matters specifically agreed herein.
- The Organizer will not be held responsible for (i) any damage, loss or injury suffered by any Participant as a result of taking part in the Challenge or (ii) for the safe custody, return, non-delivery or missing of entries, late, misdirected, problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of email or entry to be received on account of technical problems or traffic congestion on the internet, telephone lines or at any website, or any combination thereof, including any injury or damage to Participants’ or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Challenge.
- Participants need to fully read, understood and accept the Terms & Conditions of Participation in order to participate in the Challenge. By submitting, Participants agree that they have fully read, understood and are bound by such terms and conditions. Participants under the age of 21 years old must submit an authorization consent signed by the legal parent/guardian and parental authority of the Participant to authorize the participation to the Challenge.