The Rewrite Cancer Innovation Challenge Official Rules and Regulations

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 the Rewrite Cancer Innovation Challenge (the “Challenge”) is Hoffmann-La Roche Limited, 7070 Mississauga Road, Mississauga, ON L5N 5M8, Canada (“Sponsor”)

Administrator
The administrator of the Challenge is Agnostic, 33 Bloor Street East, Suite 900, Toronto, ON L5M 6E4, Canada (“Administrator”)

Challenge Description
The Rewrite Cancer Innovation Challenge is designed to facilitate and encourage collaboration among those invested in furthering cancer care. Interested parties are invited to create teams and develop a proposal for an innovative solution to the given Challenge statement. Submissions are evaluated by the Rewrite Cancer Steering Committee of oncology experts (“Steering Committee”). Four (4) winners, one (1) per submission category, will be selected in 2018. 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 individual who is a member of a team unconditionally accepts and agrees to comply and abide by these Official Rules and Regulations, and the decisions of Sponsor, Administrator, and/or Steering Committee (as applicable), which shall be final and binding in all respects.

Eligibility
The Challenge is open only to teams of at least two (2) members, where all members are legal residents of any Canadian province/territory and must have reached the legal age of majority in their jurisdiction of residence (“Team”). Individual members may only be part of one Team. Each Team must elect one (1) Team leader to correspond with the Sponsor and Administrator.

Employees of Sponsor, Administrator, or each of their affiliates, and/or any other individual or entity associated with the development, evaluation 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 of such persons, whether or not related, are not eligible to participate in the Challenge. Notwithstanding the foregoing and for clarity, individuals who are employees of the same organization as a Steering Committee member are eligible to participate in the Challenge. Anyone who attempts to defraud or in any way tamper with the Challenge will be ineligible.

Healthcare professional may not participate in the Challenge where his or her participation would be a violation of his or her professional code of ethics or where he or she has been sanctioned, suspended, excluded, or otherwise declared ineligible by any health authority or professional governing body.

Members are ineligible to participate in the Challenge where participation would violate any rules, laws or the terms of any other agreement previously entered into between the participant and any third party including but not limited to the institute, hospital or university at which he or she may be active.

How to Enter
The opportunity to register and submit proposals for the Challenge begins November 8, 2017 12:00 A.M. Eastern Time and ends February 28, 2018 11:59 P.M. Eastern Time. To enter, Teams must go to www.rewritecancer.ca/innovation-challenge (“Rewrite Cancer website”), register for the Challenge and submit their proposal/s (“Submission) in accordance with all terms and conditions specified in these Official Rules and Regulations and on the Rewrite Cancer website. Submissions must address the evaluation criteria outlined on the Rewrite Cancer website.

Each Submission entered into the Challenge must meet the following requirements (“Submission Requirements”): (a) is written in the English language, (b) is no more than 1,000 words in length; (c) comes in the form of a PDF (maximum file size of 20MB); (d) must fit into one of four categories, namely Non-clinical research (empirical study involving specific cancer care area that could be improved), Patient support (tool or service that could assist patients in navigating their cancer experience), Health policy (proposed changes to current regulations and best practices that could improve the delivery of care to patients) and Medical education (additional learning opportunities, whether in the form of classes, seminars or tools, for healthcare professionals in the oncology community to help them better care for patients), and identify the category of the Submission; (e) must include the Team name, Team leader’s name and email address, Team member/s’ names and email addresses, city and company, institution or organization the Team represents (if applicable). Each Submission may also include up to two (2) supplementary files, such as photos (supported formats are PNG and JPG up to a maximum file size of 10MB per photo) and videos (supported format is MP4 up to a maximum file size of 1GB). Teams may only submit one (1) Submission per given category. Each Submission made to each category must be unique and original, and the same Submission may not be made to more than one category. Submissions that are not original compositions by the Team, illegal, defamatory, obscene, contain nudity or profanity, or that discriminate based on the grounds set out in Human Rights codes or other applicable legislation will not be eligible, determined at the sole discretion of the Sponsor or the Administrator.

Once a Submission is made, a Team is prohibited from making any changes or alterations to the solution described in its Submission until the evaluation of entries is completed. Teams may withdraw their Submission at any time prior to selection of Winners, thereby forfeiting any rights to any benefits that may be received to support the development and implementation of their Submission; however the Team Submission will not be withdrawn as a whole unless all Team members identified in the Submission agree to such withdrawal.

Submissions must be received by February 28, 2018 11:59 P.M. Eastern Time (“Submission Deadline”). No new submissions will be accepted once the Submission Deadline has passed. Administrator is the official timekeeper for the Challenge.

Unless otherwise stated in these Official Rules and Regulations, 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 Rewrite Cancer website and with any additional consent given by a Team at the time of registration. All registration 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 Submission. 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.

Each Team will be able to ask the Steering Committee up to two questions to help guide the development of their Submission. Questions can be submitted via email to challenge@rewritecancer.ca until January 12, 2018 12:00 A.M. Eastern Time at which point questions will be compiled and shared with the Steering Committee. The Steering Committee will then review and answer each question. All questions and answers will be shared with all registered Teams in the form of a single document by January 29, 2018 12:00 A.M. Eastern Time. In the event that a Team registers after the deadline to submit questions has passed, that Team will also receive the compiled document.

Representation and Warranty
By entering the Challenge, each Team represents and warrants as follows: (a) Team holds sufficient intellectual property rights to submit their Submission, free and clear of any encumbrances; (b) Team is eligible to participate in the Challenge in accordance to the eligibility criteria set forth in these Official Rules and Regulations; (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 Team’s use of the Submission, does not and will not violate any applicable laws or regulations. If the Submission includes any third party works (such as third party content or open source code), Team 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 Team 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. Each individual who is a member of a Team 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 Team’s Submission or any breach or alleged breach of any of the representations, warranties, and covenants of Team 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 and Regulations.

Submission Licence
Each Team retains title and full ownership in and to their Submission. However, by participating in the Challenge, each Team hereby irrevocably grants to Sponsor a limited, non-exclusive, royalty free, worldwide, irrevocable 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 a Team; and/or (b) are or have been independently developed by employees, consultants or agents of the Sponsor. Teams 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 Team agrees that it has 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. For the avoidance of any doubt, your Submission (and each individual component thereof) shall not be deemed to be confidential.

Advertisements
Advertisements to support the Challenge will come in two forms. One type of advertisement (“Challenge Ads”) will encourage participation in the Rewrite Cancer Innovation Challenge and will state the value of the benefit to be received by winning submissions as well as include a link to these Official Rules and Regulations. Another type of advertisement (“Stories Ads”) will invite the submission of stories related to personal cancer experiences to the Rewrite Cancer website. These story submissions do not constitute entry into the Challenge.

Winner Selection/Evaluation Criteria
The Administrator will screen all Submissions for eligibility into the Challenge. Eligible Submissions will then be evaluated by the Steering Committee based on the following equally weighted criteria:

  1. Clarity of outlined proposal – 20 points
  2. Evidence of a well thought out design, e.g. approach, executional considerations, resources, etc. – 20 points
  3. Methods of measuring impact/outcome – 20 points
  4. Feasibility and broad applicability – 20 points
  5. Innovative thinking – 20 points

Total – 100 points

Each eligible Submission will be given a score (the “Score”) out of 100 points by the Steering Committee based on the evaluation criteria outlined above. A threshold score of 70 points must be achieved by a Submission in order to be considered a top eligible Submission. In the event that no Submission within a category reaches this threshold score, as determined by the Steering Committee in their sole and absolute discretion on the basis of the evaluation criteria, then the benefit allocated to that category will not be awarded. Odds of being selected as an eligible winner depend on the number and caliber of eligible Submissions submitted and received in accordance with these Official Rules and Regulations. The eligible Teams associated with the top eligible Submissions based on Score (as determined by the Steering Committee, in their sole and absolute discretion) in each Category will each be selected as an eligible winner. In the event of a tie between two or more eligible Submissions based on Score, the eligible Team associated with the eligible Submission – from amongst all such eligible Submissions that are tied – with the highest score on Criteria 1 (followed in the event of a further tie by Criteria 2, then Criteria 3, then Criteria 4, then Criteria 5 – as listed above) will be selected as the eligible winner. In the event of an exact tie based on all criteria, a new panel of judges will be appointed by the Sponsor to break the tie in accordance with the preceding procedure. Judging is scheduled to be completed on or about April 4, 2018 12:00 A.M. Eastern Time. FOR THE AVOIDANCE OF ANY DOUBT, THERE WILL BE ONLY ONE (1) WINNER IN EACH CATEGORY, FOR A TOTAL OF FOUR (4) WINNERS. UNDER NO CIRCUMSTANCES WHATSOEVER WILL THERE BE MORE THAN FOUR (4) WINNERS. If for any reason whatsoever, fewer than four (4) eligible Submissions are received in accordance with these Official Rules and Regulations, then there will be fewer than four (4) winners.

Notice to Winners
Attempts to notify potential winners will be made using the contact information provided on the winners’ Submission. 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 notification is returned as unclaimed or undelivered to such potential winner, such potential winner will forfeit his or her title and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules and Regulations, or declines, if any, the applicable benefit prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential winners in accordance with such procedure, and if there is still no confirmed winner after such attempts have been made, if any, the applicable benefit may go unawarded at the sole discretion of the Sponsor.

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE OFFICIAL RULES AND REGULATIONS. BEFORE BEING DECLARED AS A CONFIRMED WINNER, each individual associated with an eligible winning Team will be required to sign and return within 30 business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Official Rules and Regulations; (ii) acknowledges acceptance of the Benefit (as awarded); and (iii) releases the Sponsor and Administrator from any and all liability in connection with this Challenge, his/her participation therein and/or the awarding and use/misuse of the Benefit or any portion thereof. If any individual associated with an eligible winning Team: (a) fails to return the properly executed Challenge declaration and release form within the specified time; (b) cannot accept (or is unwilling to accept) the Benefit (as awarded) for any reason; and/or (c) is determined to be in violation of these Official Rules and Regulations (all as determined by the Sponsor in its sole and absolute discretion); then such Team will be disqualified (and will forfeit all rights to the Benefit) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible winning Team in accordance with these Official Rules and Regulations (in which case the foregoing provisions of this section shall apply to the newly selected eligible winning Team).

Reporting
Sponsor may disclose the details of the Challenge and these Official Rules and Regulations, and any payment or transfer of value, including, if applicable, any benefits, by Sponsor or Administrator to a potential winner, to a governmental body to comply with applicable transparency laws, rules or regulations. Such details may include, but may not be limited to, potential winning Team members’ names, contact state and description of payment or transfer of value.

Benefits to Winners
Winners will be identified and recognized on the Rewrite Cancer website for 1,095 days. Each of the four (4) winning Teams will also receive a benefit of funds or in-kind services of up to a maximum of $50,000 CAD to help the winner Team to advance the proposal outlined in the applicable winning Submission, which may include:

  • NON-CLINICAL research study funding
  • Access to research facilities to further study
  • Consultation and partnership with Sponsor’s policy experts
  • Funding for the development of related tools and/or other support material
  • Consultation and partnership with advocacy groups
  • Consultation and partnership with medical education experts

The type of benefit to be received by each Winner will be determined by the Sponsor in consultation with the Winners, however the final determination of the benefit elements is at the Sponsor’s sole and absolute discretion.

Limitations
Any potential winner will be required to complete a benefit acceptance package (“Benefit Agreement”) which, among other things, may include an agreement setting out certain rights and obligations applicable to supported project. Any potentially winning project is also subject to applicable federal, provincial or local laws, as well as corporate policies and industry codes applicable to the Sponsor. If a potential winner fails or refuses to sign and return the Benefit Agreement within thirty (30) days of Sponsor’s and/or Administrator’s request (or a shorter time, as required), or where the Sponsor’s support of a potentially winning project would be breach applicable any law, policy or industry code, the potential winner may be disqualified and an alternate winner may be selected.

The Challenge is subject to these Regulations and all applicable federal, provincial and local laws. Any potential winner is solely responsible for any and all applicable taxes associated with the Benefit. Neither the Sponsor nor the Administrator is responsible for delay in Benefit delivery.

Without limiting the generality of the foregoing, the following general conditions apply to each Benefit: (i) Benefit must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole discretion); (ii) no substitutions are permitted except at Sponsor’s option; (iii) if any part or parts(s) of a Benefit is/are not utilized, then any such part(s) not utilized may be forfeited in their entirety and, if forfeited nothing will be substituted in their place; (iv) Sponsor reserves the right at any time to place reasonable restrictions on the availability or use of a Benefit or any component thereof; (v) if, for any reason beyond the reasonable control of the Sponsor, a Benefit cannot be awarded as contemplated by these Official Rules and Regulations, as determined by Sponsor in its sole and absolute discretion, then Sponsor reserves the right to substitute the applicable Benefit or any component thereof with a gift or donation made to a cause, person, entity and/or project as selected by the Sponsor, in its sole and absolute discretion, up to a maximum amount of $50,000 CAD (NOTE: If this option is exercised by the Sponsor, then the exact cause, person, entity and/or project to which the gift or donation is made shall be determined in the sole and absolute discretion of the Sponsor and, for greater certainty, if this option were to be exercised by the Sponsor, then a donation receipt will not be issued to the confirmed winning Team or to any other individual or entity); and (vi) any decisions with regards to the payment schedule of the Benefit will be determined by Sponsor in its sole and absolute discretion.

Winner Privacy
The Sponsor respects any potential winner’s right to privacy and will only use the personal information provided to conduct the Challenge unless consent to provide further information is given by email. The Rewrite Cancer Innovation Challenge privacy policy is available at www.rewritecancer.ca/policy.

Dates and Deadlines
Due to the unique nature of the Challenge, Sponsor and Administrator reserve the right, in addition to other rights reserved herein, to modify any dates or deadlines set forth in these Official Rules and Regulations or otherwise governing the Challenge.

Right of First Negotiation
Each Team hereby grants Sponsor an exclusive Right of First Negotiation to acquire rights in any Submission or work product or invention arising out of the Challenge (“Right of First Negotiation”). If Sponsor chooses to exercise this Right of First Negotiation, 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 Team or Team member in the Challenge, on the other hand, each hereby irrevocably (a) grants to Sponsor and Administrator the right to use such Team members’ names, likeness, images, 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 Team 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. Team agrees to obtain such permission and consents as may be required from Team members for the purpose of giving effect to this paragraph.

General Liability Release
Each individual who is a member of a Team 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 Team’s acceptance, receipt, possession, use, or misuse of any benefit, and (b) have not made any warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any benefit, including, without limitation, regarding such benefit’s merchantability or fitness for a particular purpose. Each individual who is a member of a Team 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 a Team’s participation in the Challenge. Sponsor and Administrator assumes no responsibility for any damage to a Team member’s computer system or other device which is occasioned by accessing the Rewrite Cancer 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. 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 and Regulations, 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 Submissions are received or Sponsor and/or Administrator is prevented from awarding the benefits 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.

These Official Rules and Regulations 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 and Regulations 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.

Jurisdiction
The Challenge will be governed by and construed in accordance with Ontario law without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other provinces’ laws. Each individual who is a member of a Team who participates in the Challenge irrevocably agrees that, if a dispute arises out of or related to these Official Rules and Regulations or any Submission or any other materials submitted to the Rewrite Cancer website, such disputes will, to the fullest extent permitted by applicable law, be resolved solely by binding arbitration before a sole arbitrator, with experience in advertising or promotion and entertainment law, under the rules and regulations of the Arbitration and Mediation Institute of Canada (“AMIC”); provided, however, that notwithstanding the parties’ decision to resolve any and all disputes arising under this Challenge through arbitration, the Sponsor may nonetheless: (1) seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions of these Regulations or the entry documents; (2) bring an action in court to protect or interpret any licensee’s purported intellectual property rights; and/or (3) bring an action to enforce the decision of the arbitrator before any court with jurisdiction. The arbitration will be held in Toronto, Ontario, Canada. The arbitrator will issue a written decision, and will have the power to award any legal remedies, except as limited by these Official Rules and Regulations, the entry documents or the Benefit Acceptance Documents.