TERMS AND CONDITIONS (the “Terms”) – Elevator Pitch Competition 2023
Terms in relation to Audience
COMPETITION OVERVIEW
Welcome to the Elevator Pitch Competition (“Event”)! The Event is organised by the Hong Kong Science and Technology Parks Corporation (the "Organiser") and will be held on sky100 Hong Kong Observation Deck (sky100) or a virtual event platform.
You are invited to join the Event as an audience of the Event (“Audience”) who will, amount other things, be receiving certain information from the Organiser for the purpose of attending the Event on sky100 or viewing the virtual live programme of the Event on 28 Apr 2023 (the “Purposes”).
Set out below are the terms (the “Terms”) which apply to you as an Audience. Such Terms may be further updated, revised and supplemented from time to time by the Organiser. In interpreting these Terms, words importing a gender include any other gender. The latest version of the Terms can be found at the Organiser’s website epic.hkstp.org.
By proceeding further with the registration of the Event, you are deemed to have accepted and agreed with the Terms.
ELIGIBILITY AND REGISTRATION FOR THE EVENT
- All registration to be an Audience shall be by invitation only and such invitation is not transferrable.
- To register as an Audience, you have to complete a registration form during the period from 3 Apr 2023 to 27 Apr 2023.
- PRIOR TO REGISTRATION FOR THE EVENT, YOU MUST AGREE WITH AND PROVIDE YOUR CONSENT AND ACCEPTANCE TO THE TERMS. IF YOU ARE NOT IN AGREEMENT WITH THE TERMS, PLEASE DO NOT REGISTER FOR THE EVENT.
- By registering for the Event as an Audience and proceeding further, you are deemed to have agreed to comply with and accepted the Terms.
- Subject to the Terms, business participant (“Business Entity”), such as company, may also proceed with the registration. For the avoidance of doubt, the Terms are equally binding on all Business Entities and “You” means the Business Entity and/or the respective Business Representative.
- Business Entity must designate one individual member as the “Business Representative” for contact, other administrative purposes and representing the respective Business in the Event. The Business Representative will be responsible for submitting all information on behalf of and representing the respective Business Entity. Any individual who is employed by a Business Entity may not register as an Audience in his or her individual capacity.
- Without prejudice to the generality of the Terms as a Business Representative, you represent and warrant to the Organiser that you, as the Business Representative, (1) are a duly authorized representative of the Business Entity, and are submitting all information on behalf of and representing such Business Entity; and (2) have obtained all necessary approvals from the Business Entity to register with the Event as an Audience pursuant to the Terms, including but not limited to all permission to submit any information of the Business Entity to the Organiser. If you have any questions about such authority and permissions, you must clarify with your Business Entity before registration.
REPRESENTATIONS AND WARRANTIES
Without prejudice to the generality of the Terms, by proceeding with the registration as an Audience, you represent, warrant and undertake as follows:
- all information provided in the registration form and in relation to the Event is complete, accurate and truthful;
- you will refrain from communicating or disseminating to any third party the contents of any information you receive
(verbally or written) in relation to the winners, entries, finalists or any other aspect of your participation in the Event without the Organiser’s prior written consent; - you will ensure that any information (including but not limited to Confidential Information (as defined below)) given to you is protected from unauthorized disclosure;
- (for Business Entity), the Business Representative (a) is a duly authorized representative of the respective Business Entity; (b) has obtained all necessary corporate and other approvals from the Business Entity to register as an Audience and agree to be bound by the Terms; and
- You shall duly observe and comply with all laws and regulations applicable to the Event or the Terms.
CONFIDENTIAL INFORMATION
- In the Terms, “Confidential Information” means :
any information provided by the Organiser in relation to the Event, irrespective of whether such information is in writing or otherwise (including but not limited to print, audio or electronic) and whether disclosed before or after the date of your registration as an Audience to the Event, which shall include, without limitation, information received by you in connection with the Event in any media (such as print, audio or electronic), any and all notes, memoranda, lists, systems, software, records, data, formulae, source code, databases, computer models and other kinds of models, relating to the operations, business policies and procedure, financial information, performance results of business activities, proprietary concepts, software or hardware products, customers profiles or other customer, supplier or business partner information. Such information may be the property of other participants of the Event. - In consideration of Organiser agreeing to accept your registration as an Audience, you agree and undertake that the Confidential Information shall only be used solely for the Purposes.
- Except as expressly provided hereunder or required by applicable laws or regulations, you shall refrain from:
- divulging, reproducing, summarizing and/or distributing Confidential Information other than in connection with obtaining professional advice in respect of the Event;
- reverse engineering, decompiling or disassembling any software code and/or pre-release hardware devices which form part of the Confidential Information; and
- using or applying the Confidential Information otherwise than for the purposes directly arising from or in relation to the Event.
- If at any time you are aware of any facts or circumstances then subsisting which would or might result in any unauthorized use or disclosure of the Confidential Information or any breach of your obligations under the Terms, you shall forthwith notify and consult the Organiser and shall take such steps as may be requested by the Organiser to prevent and/or remedy the same.
- Upon request of the Organiser, you shall immediately return to the Organiser all originals, copies, reproductions and summaries of Confidential Information, materials pertaining thereto and all extracts, memoranda, notes and other writings thereof in your possession, custody or control which may be in a physical form or stored by electronic means or otherwise and you shall expunge all Confidential Information from any computer, word processor or other device containing such information. Alternatively, the Organiser shall be entitled to request you to provide a written certification that the same have been destroyed or permanently erases save to the extent where you are required to retain any such Confidential Information by any applicable laws, rules or regulations or by any competent judicial, governmental, supervisory or regulatory body but not otherwise.
- No disclosure of the Confidential Information shall be made by any Audience to a third party without the prior written consent of the Organiser.
- All Confidential Information (whether or not developed or modified by you) is and shall remain the property of the Organiser and/or its author. The disclosure of any Confidential Information by the Organiser does not constitute a grant of any express or implied right to you to or under any patents, copyrights, trademarks, or trade secret information except as otherwise provided herein or under a separate written agreement. The Organiser reserves without prejudice the ability to protect its rights under such patents, copyrights, trademarks, or trade secret.
- You acknowledge that the monetary damages may not be a sufficient remedy for unauthorized disclosure of the Confidential Information and that the Organiser shall be entitled, without waiving any other rights and remedies, to equitable relief and injunctive relief as may be deemed proper by a court of competent jurisdiction.
- You agree to comply with laws that are applicable to the Confidential Information.
- You acknowledge and agree that the Organiser does not provide any representation or warranty whatsoever as to the accuracy or completeness of the information which has been or will provided, including without limitation, the Confidential Information.
LIMITATIONS OF LIABILITY AND RELEASE
The Organiser, its affiliates, divisions, subsidiaries, and all of their respective officers, directors, employees, contractors, representatives and agents (collectively the “Released Parties”) will have no liability whatsoever for, and will be released and held harmless by any Audience 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 prejudice to the generality of the foregoing, everything in connection with the Event is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties and merchantability, fitness for a particular purpose, and non-infringement.
You are responsible for your own valuables and the Organiser will not be liable for any loss or damage to any personal property brought to the Venue.
INDEMNIFICATION
You agree that you shall indemnify and hold the Organiser and the Released Parties harmless on demand from and against all claims, actions liabilities, costs, expenses, loss or damage (including but not limited to consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by the Organiser arising from or relating to (directly or indirectly) any default or any violation of any of your obligations under the Terms.
USE OF PERSONAL INFORMATION
Any personal data collected from you in relation to the Event (“Personal Data”) shall be used, stored, or retained in accordance with the privacy policy of the Organiser which shall be found in the following website https://www.hkstp.org/en/privacy-policy/.
Personal Data may also be collected through and/or stored at our external registration platform, EventXtra. The privacy policy of EventXtra (the “EX Privacy Policy”) may be applicable to any information collected through or stored at EventXtra. You must agree to the EX Privacy Policy prior to the registration of the Event. By registering the Event you are deemed to have agreed with the EX Privacy Policy The EX Privacy Policy can be found at https://eventxtra.com/privacy-policy/.
Personal Data may be transferred to outside of Hong Kong.
In no event will you be compensated whatsoever for any use of information of the Event and Personal Data as stipulated in the Terms.
PUBLICITY
You agree the Organiser may use your name, likeness (including but not limited to photos, pitch videos, photo capture, video capture of the Event) for the purpose of promoting and/or marketing the Event without cost.
GENERAL RULES
- The Organiser reserves the right to cancel or make changes to the Event. Should there be cancellations or changes, announcements will be made on event website (i.e. epic.hkstp.org), and email notification(s) will be sent to registered Audience. In the event that the Event is cancelled for whatever reason, the Organiser will not incur any liability towards you arising from such cancellation.
- The Organiser reserves the right to change the programme details of the Event without prior notification.
- Only Audience whose registration have been confirmed can participate in the Event as an Audience.
- The Organiser reserves the right to refuse anyone’s entry to the Event and to request any person to cease participating in the Event if in the sole discretion of the Organiser, such person (i) fails to comply with any of the Terms; or (ii) is found to have behaved in an illegal or anti-social manner; or (iii) is found to have violated any of these Terms. The decision of the Organiser in this regard shall be binding and conclusive.
- The Event may be recorded and/or used for internet streaming. By participating in the Event you are deemed to have provided your consent to the use of your actual or simulated likeness in connection with the production, exhibition, advertising or exploitation of any film, video and /or audio recording of the Event or any element thereof in any media of whatever form throughout the world. You also agree to being filmed/recorded through security cameras for the purpose of ensuring public security at the Event and preventing crime where applicable.
- You shall not be permitted to use the names and/or logos of the Organiser in any manner without the prior written consent of the Organiser.
- If any provision contained in the Terms is found to be invalid or unenforceable by any court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of these Terms shall remain valid and enforceable.
- Any failure or delay on the part of the Organiser to enforce any of the Terms shall not constitute a waiver of any of its rights hereunder.
- The Terms may be subject to change from time to time. Please visit the Organiser’s website epic.hkstp.org from time to time for any updates.
- Interpretation of any of the Terms is the sole prerogative of the Organiser. All decisions by the Organiser regarding the interpretation of the Terms and any issues arising from the Event shall be binding and conclusive on all Participants.
- The Terms shall be interpreted and construed in accordance with the laws and regulations of the Hong Kong Special Administrative Region of the People’s Republic of China and any disputes shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.
Terms in relation to Contestant
COMPETITION OVERVIEW
Welcome to the Elevator Pitch Competition (“Event”)! The Event is organised by the Hong Kong Science and Technology Parks Corporation (the "Organiser") and will be held on sky100 Hong Kong Observation Deck (sky100) or a virtual event platform.
Set out below are the terms for the contestants of the Event (“Terms”) which shall include any additional terms and/or modifications of the Terms made from time to time by the Organiser. In interpreting these Terms, words importing a gender include any other gender. The latest version of the Terms can be found at the Organiser’s website epic.hkstp.org.
By proceeding further with the registration of the Event, you are deemed to have accepted and agreed with the Terms.
REGISTRATION FOR THE EVENT
To participate the Event as contestant, go to https://hkstp.wufoo.com/forms/r1wxvu4f1th1pnl/ from 26 Oct 2022 to 20 Jan 2023, and accurately and truthfully complete the online registration form. PRIOR TO REGISTRATION FOR THE EVENT, MUST AGREE WITH AND PROVIDE YOUR CONSENT AND ACCEPTANCE TO THE TERMS. IF YOU ARE NOT IN AGREEMENT WITH THE TERMS, PLEASE DO NOT REGISTER FOR THE EVENT.
Entry and participation in the Event are free of charge.
ELIGIBILITY
- The Event is open and offered only to tech companies with no more than 10 years of establishment. Each participate of the Event as contestant (“Participant”) must accept and agree to the Terms before they may proceed further with the Event.
- This Event is not open to (1) employees of the Organiser; (2) the immediate family members or members of the same household of any such employee; or (3) anyone professionally involved in the development or administration of the Event.
- An entry submitted by a Participant must designate one individual member as the “Business Representative” for contact, other administrative purposes and representing the Participant. The Business Representative will be responsible for submitting the entry on behalf of and representing the respective Participant. Any individual is not eligible to participate as contestant in the Event.
- By submitting an entry as the Business Representative, you represent and warrant to the Organiser that you, as the Business Representative, (1) are a duly authorized representative of the Participant, and is submitting the entry on behalf of such Participant; and (2) have obtained all necessary approvals from the Participant to enter the Event pursuant to the Terms, including but not limited to all permissions to submit any intellectual property to the Organiser. If you have any questions about such authority and permissions, you must clarify with your Business Participant before registration.
REPRESENTATIONS AND WARRANTIES
By submitting an entry, each Participant represents, warrants and undertakes as follows:
- All information provided in the registration form and in relation to the participation of the Event is complete, accurate and truthful. It agrees to be bound by the Terms;
- The Business Representative (a) is a duly authorized representative of the Business Participant; (b) is submitting the entry on behalf of the Business Participant ; (c) no person or entity other than the Business Participant has any right, title or interest in any part of its entry; and (d) has obtained all necessary corporate and other approvals from the Business Participant to enter the Event and submit the company’s intellectual property/entry, as contemplated under the Terms;
- No other party is entitled to claim royalties from the use of the Participant’s entry;
- Each Participant’s entry does not and will not infringe or violate any rights of any third party, including without limitation Intellectual Property Rights (as defined below), and does not constitute defamation, and any violation of any privacy, publicity, misappropriation, confidentiality or any contractual or other rights. “Intellectual Property Rights” means all current and future worldwide rights under patent, copyright, trade secret, trademark or moral rights laws and other similar rights;
- Each Participant’s entry is an original work of the Participant and the Participant has all the rights, licenses, permissions and consents necessary to submit the entry and to grant all of the rights that the Participant has granted herein;
- Each Participant’s entry does not contain content that is prohibited under these Terms including, but not limited to, any content that is unlawful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
- Each Participant will not upload, post or otherwise transmit any entry or content that contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware; and
- Each Participant shall duly observe and comply with all laws and regulations applicable to the Event or the Terms
NO CONFIDENTIAL RELATIONSHIP
No entry of the Event will be received or held in confidence and under no circumstances will any entry create a confidential relationship or obligation of secrecy between any Participant and the Organiser or between the Participant and any other party. Without prejudice to the generality of the foregoing, each Participant understands and agrees that his entry may be publicly disclosed by the Organiser on its website, or virtual event platform, or in other public communications, forums and media.
Each Participant recognizes that other persons or entities may have provided the Organiser or others, or made public, or may in the future submit, or make public, materials that are the same or similar to his entry. Each Participant acknowledges and agrees that the Organiser shall have the right to use such same or similar materials, and that the Participant will not be entitled to any compensation arising from the Organiser’s use of such materials. In the event that any entry of a Participant is identical or similar to the entry of another Participant, the Participant acknowledges that the judging panel has a sole discretion to determine the score.
LIMITATIONS OF LIABILITY AND RELEASE
- Organiser, its affiliates, divisions, subsidiaries, and all of their respective officers, directors, employees, contractors, representatives and agents (collectively the “Released Parties”) 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 prejudice to the generality of the foregoing, everything in connection with the Event is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties and merchantability, fitness for a particular purpose, and non-infringement.
- Without prejudice to the generality of the foregoing, HKSTP may provide assistance to the Participants (when they become semi-finalists of the Event) of the Event on traveling and/or accommodation arrangements (“Arrangements”). HKSTP makes no warranty or representation on any of the Arrangements and all of such Arrangements are provided on a an “as is” basis and each Participant agrees and acknowledges that HKSTP shall not be responsible for and injury, loss or damages of any kind including direct, indirect, incidental, consequential or punitive damages to persons, including without limitation disability or death resulted from or in relation to any Arrangements. Each Participate agrees and acknowledges that it shall proceed with any Arrangements at its own risks.
INDEMNIFICATION
Each Participant agrees that he will indemnify and hold the Organiser and Released Parties harmless on demand from and against all claims, actions liabilities, costs, expenses, loss or damage (including but not limited to consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by the Organiser arising from or relating to (directly or indirectly) any default or any violation of any of such Participant’s obligations under the Terms.
AWARDS
Subject to the Terms, the winners will receive the following:
- Top 10 Finalists: US$10,000 (each)
- Tech Winners* (x2): additional US$20,000 (each)
- EPiC 2023 champion: additional US$60,000
- Favourite Pitcher: US$10,000
*Tech Categories: PropTech and FinTech
Participant which is winner of any of the above prizes (“Winner”) will be subject to HKSTP’s due diligence exercises (“Due Diligence”) which will be carried out for the purposes of (1) ascertaining each winner’s eligibility of the Event; and (2) Winner’s compliances with all Terms including without limitation its contents of the entry are fully compliance with the Terms.
HKSTP reserves its right to amend the elements and/or requirements of the Due Diligence and any prizes will only be released to the respective Winner when the respective Due Diligence is completed and to HKSTP’s full satisfaction.
For the purpose of facilitating the Due Diligence, each Winner is required to provide information and/or answer questions in accordance with requirements to be stipulated by HKSTP. Failing which, HKSTP reserves the right to withdraw and/or cancel any of the above prizes in its absolute discretion and in such event; the respective Winner will not be compensated whatsoever.
Each winner is fully responsible for all taxes, VAT or fees of the similar nature in relation to any of the above prizes.
SELECTION OF WINNERS
Winners will be selected based on the following criteria:
- Uniqueness
- Market Size
- Go-To-Market Strategy
Please refer to the following website https://epic.hkstp.org/ for the rules on selection of winners which (1) shall form part of the Terms; and (2) may be amended by the organizer from time to time at its sole discretion.
PUBLICITY
Participant acknowledges and agrees that the Organiser may use and edit his entry for publicity, public voting for Favourite Pitcher award, virtual event platform, advertising or other marketing purposes (collectively “Publicity Purposes”), in any media, and may use the name, likeness (including but not limited to photos, pitch videos, video capture for live performance and recorded video of the Event), and hometown name and/or prize information of Participants as part of the Publicity Purposes, without additional compensation to any Participants.
ATTENDING THE EVENT IN HONG KONG
All Participants which become semi-finalists of the Event are required to attend the Event physically in Hong Kong through their representatives. Details of the same will be provided to the Participants along with their acceptances to the Event.
Without prejudice to the generality of other provisions of the Terms, additional terms and conditions of the Event (“Additional Terms”) may be provided by HSKTP together with the Participants’ acceptance of the Event and each Participant is required to accept all Additional Terms (if any) before proceeding further with the Event upon acceptance. You shall withdraw the Event if you do not accept any of the Additional Terms or Terms amended by HKSTP from time to time. You are deemed to have accepted all Terms (which shall include all Additional Terms) if you remain in the Event.
USE OF PERSONAL INFORMATION
Any personal data collected from the Participant in relation to the Event (“Personal Data”) shall be used, stored, or retained in accordance with the privacy policy of the Organiser which shall be found in the following website https://www.hkstp.org/en/privacy-policy/.
Personal Data may also be collected through and/or stored at our external registration platforms, EventXtra and Wufoo. The respective privacy policies of EventXtra (the “EX Privacy Policy”) and Wufoo (the “Wufoo Privacy Policy”) may be applicable to any information collected through or stored at EventXtra or Wufoo. Participants must agree to the EX Privacy Policy and Wufoo Privacy Policy prior to the registration of the Event. By registering the Event you are deemed to have agreed with the EX Privacy Policy and Wufoo Privacy Policy. The EX Privacy Policy can be found at https://eventxtra.com/privacy-policy/ and the Wufoo Privacy Policy can be found at https://www.wufoo.com/terms-of-service/2015-11-18/.
Without prejudice to the generality of the foregoing, all Personal Data will be collected, used and processed for the following purposes:
- Contestant application and identification
- Registration of the Event
- User account set-up and use of the virtual event platform
- Business and Investment matchmaking
- Private chat messaging
- Survey to collect feedbacks
- Data analysis for events
- Direct marketing (if an applicant opts in)
Without prejudice to the generality of the foregoing, each Participant acknowledges and agrees that the Organiser may disclose any Personal Data and/or any information in relation to the Event (including but not limited to any entry) to third parties including but not limited to [the virtual event platform] for the purposes of (1) matching Participant to potential investors or business partners; (2) Participant identification; (3) user account set-up and use of the virtual event platform; (4) private chat messaging; (5) live webinar viewing (6) survey to collect feedbacks; (7) data analysis for events; and (8) polling
Personal Data retained by the Organiser will be purged after the 3-month data retention period unless the Participant has opted in for direct marketing.
In no event, each Participant will be compensated whatsoever for any use of information of the Event and Personal Data as stipulated in the Terms.
GENERAL RULES
- The Organiser reserves the right to cancel or make changes to the Event. Should there be cancellations or changes, announcements will be made on event website (i.e. epic.hkstp.org), and email notification(s) will be sent to registered Participants. In the event that the Event is cancelled for whatever reason, the Organiser will not incur any liability towards any Participant arising from such cancellation.
- The Organiser reserves the right to change the programme details of the Event without prior notification.
- No automated entry devices and/or programs permitted. Receipt of entry will not be acknowledged or returned. Organiser is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entry, which will be disqualified, nor Organisers be responsible in any circumstances for problems of any kind whether mechanical, human or electronic.
- Only confirmed Participants shall be eligible to participate in the Event.
- The Organiser reserves the right to refuse anyone’s entry to the Event and to request any person to cease participating in the Event in the sole discretion, if such person (i) fails to comply with any of the Terms; or (ii) is found to have behaved in an illegal or anti-social manner; or (iii) is found to have violated any of these Terms. The decision of the Organiser in this regard shall be binding and conclusive.
- The Event may be recorded and/or used for internet streaming. By participating in the Event each Participant is deemed to have provided his consent to the use of his actual or simulated likeness in connection with the production, exhibition, advertising or exploitation of any film, video and /or audio recording of the Event or any element thereof in any media of whatever form throughout the world. Each Participant also agrees to being filmed through security cameras for the purpose of ensuring public security at the Event and preventing crime where applicable.
- No Participant shall be permitted to use the names and/or logos of the Organiser in any manner without the prior written consent of the Organiser.
- Without prejudice to the generality of the Terms, the Organiser shall not be liable for any loss, damage, cost or expense, except in the case of death or personal injury if due to any negligent act or omission on its part. Participants attending the Event are responsible for their own valuables and the Organiser will not be liable for any loss or damage to any personal property brought to the Venue.
- If any provision contained in the Terms is found to be invalid or unenforceable by any court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of these Terms shall remain valid and enforceable.
- Any failure or delay on the part of the Organiser to enforce any of the Terms shall not constitute a waiver of any of its rights hereunder.
- The Terms may be subject to change from time to time. Please visit the Organiser’s website epic.hkstp.org from time to time for any updates.
- Interpretation of any of the Terms is the sole prerogative of the Organiser. All decisions by the Organiser regarding the interpretation of the Terms and any issues arising from the Event shall be binding and conclusive on all Participants.
- The Terms shall be interpreted and construed in accordance with the laws and regulations of the Hong Kong Special Administrative Region of the People’s Republic of China and any disputes shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.
Additional Terms for Elevator Pitch Competition 2023
Background
By participating in the Event, each semi-finalist (“Semi-Finalist”) shall be deemed to have agreed to the following additional terms and conditions.
Capitalized terms used herein shall have the same meanings assigned to them in the Terms which can be found at epic.hkstp.org.
For the avoidance of doubt, these additional terms and conditions shall form part of the Terms.
Travel Arrangements
The Organiser will provide the following travel arrangements (“Travel Arrangements”) for one representative of each Semi-Finalist (“Designated Representative”) :
- One single bed room for up to 5 nights at a hotel designated by the Organiser; and
- One round-trip economy class (or equivalent class) air ticket from an airline chosen by the Organiser between the city where the Designated Representative resides and Hong Kong.
The provision of the Travel Arrangements is subject to all of the following conditions:
- Connexus Travel Limited (“Travel Agent”) shall be the sole travel agent to handle the Travel Arrangements;
- Each Semi-Finalist is required to complete a form provided by Organiser with particulars of the Designated Representative. Each Semi-Finalist shall ensure that it has obtained all necessary consents from the Designated Representative to provide his/her Personal Data to Organiser; The said form shall be completed on or before 13 March 2023, failing which, such Semi-Finalist will need to make its own travel arrangements for the Designated Representative;
- The Travel Arrangements are subject to availability and Organiser does NOT guarantee that it and/or the Travel Agent will be able to make Travel Arrangements for each Designated Representative; and
- Organiser will not be responsible for any costs which fall outside of the Standard Travel Arrangements and each Semi-Finalist and/or its Designated Representative will be solely responsible for any such costs; and
- For the avoidance of doubt, Travel Arrangements are not available to any other representatives and/or employees of any Semi-Finalist.
Immersion Programme
Each Semi-Finalist may participate in the following arrangements provided by Organiser (“Immersion Programme”) :
- Immersion Programme may include a series of educational talks, park tour, business matching and networking opportunities and Hong Kong Tour – Victoria Harbour.
- Each Semi-Finalist may designate one representative (“Immersion Programme Representative”) to join the Immersion Programme and it must provide all information of the Immersion Programme Representative, as required by Organiser, by 13 March 2023 . Failing which, the Immersion Programme Representative may not be able to participate in all or part of the Immersion Programme; and
- Each Semi-Finalist shall ensure that it has obtained all necessary consents from the Immersion Programme Representative to provide their Personal Data to Organiser.
Representation and Warranties
Without prejudice to the generality of any other provisions of the Terms, by proceeding further with the Event, each Semi-Finalist represents, warrants and undertakes the followings :
- All information provided to Organiser in relation to the Event (including any information of all Designated Representative and/or Immersion Programme Representative (collectively “Representatives”)) is complete, accurate and truthful;
- It has obtained all necessary consent from all Representatives to provide their Personal Data to Organiser;
- It has obtained all necessary consents, permits and licences to accept the Travel Arrangements and the Immersion Programme and such acceptance shall not constitute any violation of its internal rules and regulations or any laws of the jurisdictions in which the Semi-Finalist conducts its business activities;
- All Representatives have read and agreed to the Terms (including these additional terms stated herein) and each Semi-Finalist will, upon request by the Organiser, provide all evidence to Organiser’s satisfaction, that any such Representatives have in fact read and agreed to the Terms; and
- It shall and shall procure all Representatives to fully comply with all laws and regulations appliable to the Terms of the Event.
Limitations of Liability and Release
Without prejudice to any provisions of the Terms, each Semi-Finalist and all its Representatives acknowledge and agree to the followings :
- Organiser, its affiliates, divisions, subsidiaries, and all of their respective officers, directors, employees, contractors, representatives and agents (collectively the “Released Parties”) will have no liability whatsoever for, and will be released and held harmless by any Semi-Finalist and all its Representatives for any claims, liabilities, or causes of action of any kind of nature for any injury, loss or damages of any kind including direct, indirect, incidental, consequential or punitive damages to person, including without limitation disability or death. Without prejudice to the generality of the foregoing, all or any part of the Travel Arrangements and Immersion Programme are provided on an “as-is” basis without warranty of any kind, either express or implied, including but not limited to, the implied warranties and merchantability, fitness for a particular purpose, and non-infringement;
- Organiser shall not be responsible for any actions or services provided by the Travel Agent; and
- Without prejudice to the generality of the foregoing, each Semi-Finalist and all its Representatives agree to participate in any of the Travel Arrangements and/or Immersion Programme at their own risks and assume full responsibility for any and all injuries, losses, damages, liabilities, costs and expenses that they may suffer or incur as a result of or arising from their participations in the Travel Arrangements and/or Immersion Programme. Each Semi-Finalist and all its Representatives agree to waive and release any and all claims or causes of action that they may have against the Organiser and the Released Parties.
Indemnification
Each Semi-Finalist and all its Representatives agree that they will indemnify and hold the Organiser and Released Parties harmless on demand from and against all claims, actions, liabilities, costs, expenses, losses or damages (including but not limited to consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by the Organiser arising from or relating to (directly or indirectly) any default of any violation of any such Semi-Finalist’s or any of its Representatives’ obligations under the Terms.
Other Terms
- Each Semi-Finalist acknowledges and agrees that, in addition as being a Semi-Finalist, it shall remain as a “Participant” as defined in the Terms.
- Organiser reserves the right to make further amendments to the Terms at its absolute discretion.
- Organiser reserves the right to change any of the Travel Arrangements and Immersion Programme.|
- No third party will have any rights under the Contracts (Right of Third Parties) Ordinance (Cap.623) of the law of Hong Kong SAR to enforce or enjoy the benefit of any of the Terms.
- The Terms constitute the entire agreement among the parties with respect to all matters in relation to the Event (including without limitation the Travel Arrangements and Immersion Programme Arrangements) and supersede all prior agreements and understandings, oral or written, with respect of the Event.
Terms in relation to Judge
COMPETITION OVERVIEW
Welcome to the Elevator Pitch Competition (“Event”)! The Event is organised by the Hong Kong Science and Technology Parks Corporation (the "Organiser") and will be held at sky100 Hong Kong Observation Deck (sky100) (the “Venue”) or virtual event platform.
You are invited to join the Event as a judge of the Event (“Judge”) who will be responsible for considering the business pitches presents by contestants and determining Finalists, 2 Tech Winners and Champion in which you are judging (the “Purposes”).
Set out below are the terms (the “Terms”) which apply to you in discharging your duties as a Judge. Such Terms may be further updated, revised and supplemented from time to time by the Organiser. In interpreting these Terms, words importing a gender include any other gender. The latest of the Terms can be found at the Organiser’s website https://epic.hkstp.org/.
By proceeding further with the registration of the Event, you are deemed to have accepted and agreed with the Terms.
ELIGIBILITY AND REGISTRATION FOR THE EVENT
-
All registration to be a Judge shall be by invitation only and such invitation is only transferrable with the Organiser’s prior written approval.
-
To register as a Judge, you have to complete a reply slip to be provided by HKSTP (“Reply Slip) and send the duly completed Reply Slip to HKSTP in accordance with the instructions on the Reply Slip. The Reply Slip must be received by HKSTP on or before 14 April 2023. Any Reply Slip received after 14 April 2023 will not be taken into account and your invitation will lapse.
- PRIOR TO REGISTRATION FOR THE EVENT, YOU MUST AGREE WITH AND PROVIDE YOUR CONSENT AND ACCEPTANCE TO THE TERMS. IF YOU ARE NOT IN AGREEMENT WITH THE TERMS, PLEASE DO NOT REGISTER FOR THE EVENT.
- By registering for the Event as a Judge and proceeding further, you are deemed to have agreed to comply with the Terms.
- Subject to the Terms, business participant (“Business Entity”), such as company, may also proceed with the registration. For the avoidance of doubt, the Terms are equally binding on all Business Entities and “You” means the Business Entity and/or the respective Business Representative (as defined below).
- Business Entity must designate one individual member as the “Business Representative” for contact, other administrative purposes and representing the respective Business Entity in the Event. The Business Representative will be responsible for submitting all information on behalf of and representing the respective Business Entity. Any individual who is employed by a Business Entity may not register as a Judge in his or her individual capacity.
- Without prejudice to the generality of the Terms, as a Business Representative, you represent and warrant to the Organiser that you, as the Business Representative, (1) are a duly authorized representative of the Business Entity, and are submitting all information on behalf of and representing such Business Entity; and (2) have obtained all necessary approvals from the Business Entity to register with the Event as a Judge pursuant to the Terms, including but not limited to all permission to submit any information of the Business Entity to the Organiser. If you have any questions about such authority and permissions, you must clarify with your Business Entity before registration.
REPRESENTATIONS AND WARRANTIES
Without prejudice to the generality of the Terms, by proceeding with the registration as a Judge, you represent, warrant and undertake as follows:
- all information provided in the registration form and in relation to the Event is complete, accurate and truthful;
- save and except as disclosed by you, there is no potential/emerging conflict of interest between you and any party to be judged by you as a Judge;
- you will refrain from communicating or disseminating to any third party the contents of any information you receive (verbally or written) in relation to the winners, entries, finalists or any other aspect of your participation in the Event without the Organiser’s prior written consent;
- you will ensure that any information (including but not limited to Confidential Information (as defined below) given to you is protected from unauthorized disclosure;
- (for Business Entity), the Business Representative (a) is a duly authorized representative of the respective Business Entity; and (b) has obtained all necessary corporate and other approvals from the Business Entity to register as a Judge and agree to be bound by the Terms; and
- You shall duly observe and comply with all laws and regulations applicable to the Event or the Terms.
CONFIDENTIAL INFORMATION
- In the Terms, “Confidential Information” means :
any information provided by the Organiser in relation to the Event, irrespective of whether such information is in writing or otherwise (including but not limited to print, audio or electronic) and whether disclosed before or after the date of your registration as an Audience to the Event, which shall include, without limitation, information received by you in connection with the Event in any media (such as print, audio or electronic), any and all notes, memoranda, lists, systems, software, records, data, formulae, source code, databases, computer models and other kinds of models, relating to the operations, business policies and procedure, financial information, performance results of business activities, proprietary concepts, software or hardware products, customers profiles or other customer, supplier or business partner information. Such information may be the property of other participants of the Event. - In consideration of Organiser agreeing to accept your registration as an Audience, you agree and undertake that the Confidential Information shall only be used solely for the Purposes.
- Except as expressly provided hereunder or required by applicable laws or regulations, you shall refrain from:
-
- divulging, reproducing, summarizing and/or distributing Confidential Information other than in connection with obtaining professional advice in respect of the Event;
- reverse engineering, decompiling or disassembling any software code and/or pre-release hardware devices which form part of the Confidential Information;
- using or applying the Confidential Information otherwise than for the purposes directly arising from or in relation to the Event.
- If at any time you are aware of any facts or circumstances then subsisting which would or might result in any unauthorized use or disclosure of the Confidential Information or any breach of your obligations under the Terms, you shall forthwith notify and consult the Organiser and shall take such steps as may be requested by the Organiser to prevent and/or remedy the same.
- Upon request of the Organiser, you shall immediately return to the Organiser all originals, copies, reproductions and summaries of Confidential Information, materials pertaining thereto and all extracts, memoranda, notes and other writings thereof in your possession, custody or control which may be in a physical form or stored by electronic means or otherwise and you shall expunge all Confidential Information from any computer, word processor or other device containing such information. Alternatively, the Organiser shall be entitled to request you to provide a written certification that the same have been destroyed or permanently erases save to the extent where you are required to retain any such Confidential Information by any applicable laws, rules or regulations or by any competent judicial, governmental, supervisory or regulatory body but not otherwise.
- No disclosure of the Confidential Information shall be made by any Audience to a third party without the prior written consent of the Organiser.
- All Confidential Information (whether or not developed or modified by you) is and shall remain the property of the Organiser and/or its author. The disclosure of any Confidential Information by the Organiser does not constitute a grant of any express or implied right to you to or under any patents, copyrights, trademarks, or trade secret information except as otherwise provided herein or under a separate written agreement. The Organiser reserves without prejudice the ability to protect its rights under such patents, copyrights, trademarks, or trade secret.
- You acknowledge that the monetary damages may not be a sufficient remedy for unauthorized disclosure of the Confidential Information and that the Organiser shall be entitled, without waiving any other rights and remedies, to equitable relief and injunctive relief as may be deemed proper by a court of competent jurisdiction.
- You agree to comply with laws that are applicable to the Confidential Information.
- You acknowledge and agree that the Organiser does not provide any representation or warranty whatsoever as to the accuracy or completeness of the information which has been or will provided, including without limitation, the Confidential Information.
LIMITATIONS OF LIABILITY AND RELEASE
The Organiser, its affiliates, divisions, subsidiaries, and all of their respective officers, directors, employees, contractors, representatives and agents (collectively the “Released Parties”) will have no liability whatsoever for, and will be released and held harmless by any Audience 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 prejudice to the generality of the foregoing, everything in connection with the Event is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties and merchantability, fitness for a particular purpose, and non-infringement.
You are responsible for your own valuables and the Organiser will not be liable for any loss or damage to any personal property brought to the Venue.
INDEMNIFICATION
You agree that you shall indemnify and hold the Organiser and the Released Parties harmless on demand from and against all claims, actions liabilities, costs, expenses, loss or damage (including but not limited to consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by the Organiser arising from or relating to (directly or indirectly) any default or any violation of any of your obligations under the Terms.
USE OF PERSONAL INFORMATION
Any personal data collected from you in relation to the Event (“Personal Data”) shall be used, stored, or retained in accordance with the privacy policy of the Organiser which shall be found in the following website https://www.hkstp.org/en/privacy-policy/.
Personal Data may also be collected through and/or stored at our external registration platform, EventXtra. The privacy policy of EventXtra (the “EX Privacy Policy”) may be applicable to any information collected through or stored at EventXtra. You must agree to the EX Privacy Policy prior to the registration of the Event. By registering the Event you are deemed to have agreed with the EX Privacy Policy The EX Privacy Policy can be found at https://eventxtra.com/privacy-policy/.
Personal Data may be transferred to outside of Hong Kong.
In no event will you be compensated whatsoever for any use of information of the Event and Personal Data as stipulated in the Terms.
PUBLICITY
You agree the Organiser may use your name, likeness (including but not limited to photos, pitch videos, photo capture, video capture of the Event) for the purpose of promoting and/or marketing the Event without cost.
GENERAL RULES
- The Organiser reserves the right to cancel or make changes to the Event. Should there be cancellations or changes, announcements will be made on event website (i.e. epic.hkstp.org), and email notification(s) will be sent to registered Audience. In the event that the Event is cancelled for whatever reason, the Organiser will not incur any liability towards you arising from such cancellation.
- The Organiser reserves the right to change the programme details of the Event without prior notification.
- Only Audience whose registration have been confirmed can participate in the Event as an Audience.
- The Organiser reserves the right to refuse anyone’s entry to the Event and to request any person to cease participating in the Event if in the sole discretion of the Organiser, such person (i) fails to comply with any of the Terms; or (ii) is found to have behaved in an illegal or anti-social manner; or (iii) is found to have violated any of these Terms. The decision of the Organiser in this regard shall be binding and conclusive.
- The Event may be recorded and/or used for internet streaming. By participating in the Event you are deemed to have provided your consent to the use of your actual or simulated likeness in connection with the production, exhibition, advertising or exploitation of any film, video and /or audio recording of the Event or any element thereof in any media of whatever form throughout the world. You also agree to being filmed/recorded through security cameras for the purpose of ensuring public security at the Event and preventing crime where applicable.
- You shall not be permitted to use the names and/or logos of the Organiser in any manner without the prior written consent of the Organiser.
- If any provision contained in the Terms is found to be invalid or unenforceable by any court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of these Terms shall remain valid and enforceable.
- Any failure or delay on the part of the Organiser to enforce any of the Terms shall not constitute a waiver of any of its rights hereunder.
- The Terms may be subject to change from time to time. Please visit the Organiser’s website epic.hkstp.org from time to time for any updates.
- Interpretation of any of the Terms is the sole prerogative of the Organiser. All decisions by the Organiser regarding the interpretation of the Terms and any issues arising from the Event shall be binding and conclusive on all Participants.
- The Terms shall be interpreted and construed in accordance with the laws and regulations of the Hong Kong Special Administrative Region of the People’s Republic of China and any disputes shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.
LIMITATIONS OF LIABILITY AND RELEASE
The Organiser, its affiliates, divisions, subsidiaries, and all of their respective officers, directors, employees, contractors, representatives and agents (collectively the “Released Parties”) will have no liability whatsoever for, and will be released and held harmless by any person or any Judge 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 prejudice to the generality of the foregoing, everything in connection with the Event is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties and merchantability, fitness for a particular purpose, and non-infringement.
You are responsible for your own valuables and the Organiser will not be liable for any loss or damage to any personal property brought to the Venue.
INDEMNIFICATION
You agree that you shall indemnify and hold the Organiser and Released Parties harmless on demand from and against all claims, actions liabilities, costs, expenses, loss or damage (including but not limited to consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by the Organiser arising from or relating to (directly or indirectly) any default or any violation of any of your obligations under the Terms.
USE OF PERSONAL INFORMATION
Any personal data collected from you in relation to the Event (“Personal Data”) shall be used, stored, or retained in accordance with the privacy policy of the Organiser which shall be found in the following website https://www.hkstp.org/en/privacy-policy/.
Personal Data may also be collected through and/or stored at our external registration platform, EventXtra. The privacy policy of EventXtra (the “EX Privacy Policy”) may be applicable to any information collected through or stored at EventXtra. You must agree to the EX Privacy Policy prior to the registration of the Event. By registering the Event you are deemed to have agreed with the EX Privacy Policy. The EX Privacy Policy can be found at https://eventxtra.com/privacy-policy/.
Personal Data may be transferred to outside of Hong Kong.
Without prejudice to the generality of the Terms, you will not be compensated whatsoever for any use of information of the Event and Personal Data as stipulated in the Terms.
PUBLICITY
You agree the Organiser may use your name, likeness (including but not limited to photos, pitch videos, photo capture, video capture of the Event) for the purpose of promoting and/or marketing the Event without cost.
CONFLICT OF INTEREST
- As a Judge of the Event, you guarantee and warrant that all aspects of your judging will be fair and impartial.
- You shall disclose to the Organiser immediately if a conflict of interest emerges during your judging process or during the Event and you agree that such disclosure may disqualify you as a Judge and the Organiser shall have absolute discretion to disqualify you as a Judge without liability whatsoever and the Organiser’s decision in this regard is final and conclusive.
- By proceeding with the registration as a Judge, you are deemed to have declared that you have no pecuniary or other personal interest, direct or indirect, in any matter that raises or may raise a conflict with your duties as a Judge.
GENERAL RULES
- The Organiser reserves the right to cancel or make changes to the Event. Should there be cancellations or changes, announcements will be made on event website (i.e. epic.hkstp.org), and email notification(s) will be sent to registered Judge. In the event that the Event is cancelled for whatever reason, the Organiser will not incur any liability towards you arising from such cancellation.
- The Organiser reserves the right to change any details of the Event without prior notification.
- Only Judges whose registration have been confirmed can participate in the Event as a Judge.
- The Organiser reserves the right to refuse anyone’s entry to the Event and to request any person to cease participating in the Event if in the sole discretion of the Organiser, such person (i) fails to comply with any of the Terms; or (ii) is found to have behaved in an illegal or anti-social manner; or (iii) is found to have violated any of these Terms. The decision of the Organiser in this regard shall be binding and conclusive.
- The Event may be recorded and/or used for internet streaming. By participating in the Event you are deemed to have provided your consent to the use of your actual or simulated likeness in connection with the production, exhibition, advertising or exploitation of any film, video and /or audio recording of the Event or any element thereof in any media of whatever form throughout the world. You also agree to being filmed/recorded through security cameras for the purpose of ensuring public security at the Event and preventing crime where applicable.
- You shall not be permitted to use the names and/or logos of the Organiser in any manner without the prior written consent of the Organiser.
- If any provision contained in the Terms is found to be invalid or unenforceable by any court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of these Terms shall remain valid and enforceable.
- Any failure or delay on the part of the Organiser to enforce any of the Terms shall not constitute a waiver of any of its rights hereunder.
- The Terms may be subject to change from time to time. The latest version of the Terms can be found at the Organiser’s website epic.hkstp.org .
- Interpretation of any of the Terms is the sole prerogative of the Organiser. All decisions by the Organiser regarding the interpretation of the Terms and any issues arising from the Event shall be binding and conclusive on all Participants.
- The Terms shall be interpreted and construed in accordance with the laws and regulations of the Hong Kong Special Administrative Region of the People’s Republic of China and any disputes shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.
Terms in relation to Voter
Terms and conditions for Favourite Pitcher Award of the Elevator Pitch Competition 2023 (the “Terms”)
Background
The Favourite Pitcher Award (the “Award”) is organised by Hong Kong Science and Technology Parks Corporation (“HKSTP”).
Terms
You are eligible to vote in the Award subject to the Terms as follows :
- You can take part in the Award voting by accessing epic-voting.hkstp.org. You will find a list of videos at the said website and you can cast your vote by selecting your favourite video.
- Voting of the Award will start at 9:00am (Hong Kong Time) on 15 March 2023 and will close at 1:00pm (Hong Kong Time) on 28 April 2023 (both days inclusive). Any votes casted/recorded outside the voting times will not be counted.
- Each person can only vote once in each of FinTech and Protech groups.
- You will not be allow to make any changes on your vote once the same is submitted.
- You will not be compensated or paid whatsoever.
- HKSTP reserves the right to disqualify any entries or any votes if it has reasonable grounds to suspect that fraudulent voting has occurred or if it considers there has been any attempt to rig the voting.
- HKSTP is not responsible for any error of the votes and selection of the Award. In addition, HKSTP shall not be obligated to conduct any form of auditing for the purpose of ascertaining the accuracy of any results in relation to the Award.
- HKSTP shall not be obligated to provide you with any information in relation to the Award and/or voting of the Award. HKSTP reserves the right to change and/or amend any results of the Award at its absolute discretion.
- HKSTP, its affiliates, divisions, subsidiaries, and all their respective officers, directors, employees, contractors, representatives and agents (collectively the “Released Parties”) will have no liability whatsoever for matters in relation to the Award and/or voting of the Award including without limitation any technical failure or malfunction or any other problem related to the voting of the Award.
- HKSTP reserves the right to make any changes in relation to the Award, including without limitation suspend or terminate the voting of the Award, without prior notice at its absolute discretion.
- You are not permitted to use the names and/or logos of HKSTP in any manner.
- Any failure or delay on the part of HKSTP in enforcing any of the Terms shall not constitute a waiver of any of its rights hereunder.
- Interpretation of any of the Terms is the sole prerogative of HKSTP. All decisions of HKSTP regarding the interpretation of the Terms and any issues arising from the Award shall be binding conclusive on you and conclusive.
- HKSTP’s privacy policy (the “Policy”) can be found at https://www.hkstp.org/privacy-policy/. By proceeding further with the vote of the Award, you are deemed to have agreed and accepted the Policy and the Terms. You shall not vote and/or participate in any part of the Award if you do not fully agree and accept the Policy and the Terms.
- If you want to receive HKSTP’s direct marketing information, please check the direct marketing opt-in box below.
- The Terms shall be interpreted and construed in accordance with the laws and regulations of the Hong Kong Special Administrative Region of the People’s Republic of China and any disputes shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.