Start-up Program at LabCentral
No purchase necessary to enter or win.
A purchase or payment of any kind will not increase your chances of winning. The program is void outside of the United States and where prohibited by law. Entry in this program constitutes acceptance of these official rules by the entity submitting the entry.
ENTRY IN THIS PROMOTION CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
1. SPONSOR: The Program is sponsored by EMD Millipore Corporation, a Massachusetts corporation, 400 Summit Drive, Burlington, MA 01803 (“Sponsor”).
2. BINDING AGREEMENT: By entering into the “MilliporeSigma’s Start-up Program at LabCentral” (“Program”), each entity submitting or attempting to submit an entry (“Participant”) agrees to be bound by these Official Rules (“Rules”) and the decisions of Sponsor, which are final and binding. Therefore, please read these Rules prior to entry to ensure you understand and agree. You may not submit an entry to the Program and are not eligible to receive the Prizes described in these Rules unless you agree to these
Rules. Any and all individuals submitting an entry on behalf of an entity represents that such individual is acting within the scope of his/her employment, as an employee, contractor, or agent of such entity. Such individual warrants that (a) such entity has full knowledge of his/her actions and has consented thereto and (b) his/her actions do not violate the entity’s policies and procedures.
3. PROGRAM PERIOD: The Program begins at 11:59 PM Eastern Time (“ET”) on September 4th, 2018 and ends at 11:59 PM ET on October 21st, 2018 (“Program Period”). Sponsor’s clock shall be the official timekeeping device for the Program. Sponsor’s clock shall be the official timekeeping device for the Program. PARTICIPANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTION.
4. ELIGIBILITY:The following entities/individuals are not eligible to participate:
- In keeping with the LabCentral’s guidance to support the entrepreneurial, early-stage activities of true biotech start-up
companies, Participants must be biotech companies not have raised more than $7.5 million of capital or have a trailing 12-month revenue of more than $3 million
- Any local, state, provincial or federal or other government
or government agency or any officials or employees thereof;
- Any affiliates of Sponsor or any employees of Sponsor or
its affiliates and their immediate family and household members;
- Healthcare organizations (HCOs), including hospitals, healthcare professionals (HCPs) and employees thereof; and
- Academic institutions located in or providing services in Vermont or employees thereof.
Sponsor will only accept from each Participant one (1) entry which represents the sole efforts of such Participant;collaborations among two (2) or more Participants will not be considered. Winning any prize is contingent upon fulfilling all requirements set forth herein. The Program is void outside of the United States, and where prohibited by law. Participation constitutes Participant’s full and unconditional agreement to these Rules and Sponsor’s decisions, which are final and binding in all matters related to the Program.
5. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. In order to enter, during the Program Period, Participants should go to the Program website at www.emdmillipore.com/start-up-program
to submit a grant proposal and any additional registration information required for participation (“Application Form”).The Application Form
will ask you to describe one or more of your current projects, the medical needs you solve, process development challenges you face with your projects and how Sponsor and its products and/or services may help you overcome such challenges. All entries must be received online, submission system, on or before 11:59 PM ET, October 21st, 2018. Application Forms must meet the Submission
Requirements described below in Section 6.
All entries will be deemed made by the entity represented by the authorized account holder of the e-mail account used to submit the Application Form, and the potential winner may be required to show proof that its employee, contractor or agent is the authorized account holder for that e-mail account. The “authorized account holder” is the natural person assigned to the e-mail account by the e-mail administrator at the time of account creation Application Forms must meet the Submission Requirements described below in Section 6.
All entries will be deemed made by the entity represented by the authorized account holder of the e-mail account used to submit the Application Form, and the potential winner may be required to show proof that its employee, contractor or agent is the authorized account holder for that e-mail account. The “authorized account holder” is the natural person assigned to the e-mail account by the e-mail administrator at the time of account creation.
SPONSOR WILL CONSIDER ONLY ONE (1) ENTRY FROM EACH PARTICIPANT. NO OTHER ENTRIES WILL BE CONSIDERED. Subsequent entries will be disqualified. Entries are void if they are in whole or part unintelligible, incomplete, damaged, altered, counterfeit, obtained through fraud, or late.
6. SUBMISSION REQUIREMENTS: Application Forms must be original to the Participant and must not infringe any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations, or otherwise violate applicable laws. No trademarks, logos, company names or advertising of third parties are allowed unless expressly permitted by Sponsor. Content may not be offensive or defamatory, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to reject and/or disqualify any entries (in whole or in part) that Sponsor deems, in its sole discretion, to be obscene, defamatory, libelous, profane, discriminatory, false, misleading or deceptive, or that promote illegal behavior, or otherwise are inconsistent with its editorial standards or reputational interests, or that Sponsor believes may violate any applicable law or regulation, or the rights of any third party.
7. WINNER SELECTION & NOTIFICATION: The proposals will be judged by qualified judges who are employees of (1) Sponsor or its affiliates and (2) LabCentral. The Judges will select up to six (6) semifinalists the week of October 22nd, 2018. The semifinalists will be notified by mail, e-mail, and/or telephone. The semifinalists will be provided the opportunity to present their companies to the judges at the MilliporeSigma Burlington facility on or around November 8th, 2018 (“Presentations”). The presentations may be made in person at the Burlington facility or remotely, via live video. All expenses related to travel to the Presentations shall be the responsibility of the semifinalists. One (1) winning Participant (“Winner”) will be chosen from the semifinalists based on the following objective criteria of equal weight: (i) the scientific and societal merit of the therapy being developed, and (ii) process challenges and expertise gaps associated with the development of the therapy.
8. PRIZES: The Winner will receive a priority spot for residency at LabCentral ahead of other companies (but behind other earlier recipients of priority spots sponsored by other entities and organizations) and a voucher for prepaid rent for one bench and one scientist in LabCentral’s shared laboratory for one year. Residency at LabCentral includes the benefits of LabCentral’s shared infrastructure and services (such as conference rooms, permits, shared equipment and facilities, participation in LabCentral training modules, seminars, etc). The administration of a priority spot or the associated waitlist is the responsibility of LabCentral. In addition, a potential winner may be required to enter into a contract with LabCentral in order to become a LabCentral resident. Sponsor is not responsible and shall not be liable for the administration of the priority spot or the associated
waitlist. An agreement for residency, if required by LabCentral, shall be solely between the Winner and LabCentral. Semi-finalists will receive $1,500 worth of MilliporeSigma Bioprocess products and process development services (PDS). The list of products and services eligible for the application of the credit shall be at the discretion of the Sponsor. Products and services must be ordered before December 31, 2019.
9. TAXES: ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. In order
to receive a Prize, potential winner must submit the tax documentation requested by Sponsor or otherwise required by applicable law, to Sponsor or the relevant tax authority, all as determined by applicable law. The potential winner is responsible for ensuring that it complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the Prize may be forfeited and Sponsor may, in its sole discretion, select an alternative potential winner.
10. GENERAL CONDITIONS: All federal, state and local laws and regulations apply. Sponsor reserves the right at its sole discretion to disqualify Participants that violate these Rules, misrepresent themselves or provide misleading information to Sponsor. Sponsor further reserves the right to disqualify any Participant that tampers with the submission process or any other part of the Program. Any attempt by a Participant to deliberately damage any web site or undermine the legitimate operation of the Program is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such Participant to the fullest extent of the applicable law. Participants agree to be bound by the decisions of Sponsor.
11. INTELLECTUAL PROPERTY RIGHTS / PUBLICITY: The Participants acknowledge and agree that Sponsor shall have no obligation to post, display or otherwise make publicly available any entry submitted by the Participant. Participants consent to allowing Sponsor and its affiliates or LabCentral to publish a news release regarding the Program and winner and its organization’s goals as specified on the Application Form on any of their websites and/or social media pages for promotional marketing purposes in perpetuity. Participants consent to being contacted by Sponsor, LabCentral or one of its respective representatives for follow-up marketing activities related to this Program.
12. CONFIDENTIAL INFORMATION: Sponsor, its affiliates or LabCentral shall not have any obligation to keep confidential any information received as a part of the Application Form. It is the responsibility of the Participant to submit only such information that it deems public and not confidential. Sponsor, its affiliates or LabCentral shall not be responsible or liable for any Participant’s failure to abide by this requirement.
13. PRIVACY: Participants agree that personal data including, but not limited to, name, mailing address, phone number, and email address (“Personal Information”), as well as any confidential and proprietary data submitted in connection with the Program, may be collected, processed, stored and otherwise used by Sponsor (including its affiliates), or any party authorized by them for the purposes of conducting and administering the Program and analyzing the information submitted. Personal Information may also be used by Sponsor or any party authorized by them, including its affiliates, to verify a Participant’s identity, postal address and telephone number in the event a Participant qualifies for any applicable Prize as well as to deliver the applicable Prize(s).
Participants further agree that their Personal Information may be used to fulfill additional terms of the Program or to contact you in response to a question submitted by you.
This Personal Information may also be shared by Sponsor or any party authorized by them with any third-party for the purposes of fulfilling the terms of this Program or another service that you have requested, to comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on Sponsor, and to protect and defend Sponsor’s rights or property. Participants understand and agree that this may mean that their Personal Information is transmitted, processed or stored in the United States. Note that we may share Personal Information, as well as any confidential and proprietary information submitted in connection with the Program, with our agents located in our various offices throughout the world. Some of those offices may be in countries with data protection laws different than those established under Participants’ national, state, provincial or local law.
14. WARRANTY & INDEMNITY: Participants warrant that their entries are original to the Participant and do not infringe any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations, or otherwise violate applicable laws. Each Participant represents and warrants that all permissions, if any are required, have been granted prior to submission of the entry and that Participant may legally grant all licenses and permissions contained within these Rules to Sponsor.
To the maximum extent permitted by law, each Participant indemnifies and agrees to keep indemnified, Sponsor at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless Sponsor from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (i) any entry materials submitted or otherwise provided by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (ii) any misrepresentation made by the Participant in connection with the Program; (iii) any non-compliance by the Participant with these Rules; (iv) claims brought by persons or entities other than the parties to these Rules arising from or related to the Participant’s involvement with the Program; (v) acceptance, possession, misuse or use of any Prize or participation in any Program-related activity or participation in this Program; (vi) any error in the collection, processing, or retention of entry information; or (vii) any typographical or other error in the printing, offering or announcement of any Prize or winners.
15. RIGHT TO CANCEL, MODIFY, OR DISQUALIFY: If for any reason the Program or any portion of the Program is not capable of running as planned due to technical or administrative problems, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond Sponsor’s reasonable control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Program or any portion of the Program.
16. LIMITATION OF LIABILITY: IN NO EVENT SHALL SPONSOR OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, INCURRED BY PARTICIPANTS OR ANY THIRD PARTY, WHETHER BASED ON WARRANTY OR IN CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, ARISING FROM THE PROGRAM, PRIZE OR USE OF A PRIZE, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
Sponsor is not responsible and shall not be liable for late or lost entries, whether caused by web site users or by any of the equipment or programming associated with or utilized in the Program and assumes no responsibility for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability or intervention, error, omission, interruption, detection, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site.
By accepting a Prize, the Winner agrees to release and hold harmless Sponsor, its affiliates and agents from any and all liability, loss or damages arising from or in connection with awarding, receipt and/or use of a Prize or participation in Prize-related activities, and they shall have no liability for any injury, misfortune, or damage to either persons or property incurred by entering, participating in or winning this Program.
Participants agree that Sponsor shall have no liability for unsuccessful efforts to notify any potential winner, or for any injuries, losses, or damages by reason of the Participant’s participation in the Program or use of the Prize.
17. IN CASE OF DISPUTES: Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the Rules, and Sponsor’s decisions shall be final. If any provision of these Rules is found to be invalid by any court having competent jurisdiction the invalidity of such provision shall not affect the validity of the remaining provisions of these rules, which shall remain in full force and effect. Sponsor reserves the right to modify or terminate the Program or to make such other decisions regarding the administration or outcome as Sponsor deems appropriate. All decisions by Sponsor are final.
18. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of an entry into the Program, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with Sponsor. You acknowledge
that you have submitted your entry voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Sponsor and that no such relationship is established by your submission of an entry under these Rules.
19. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: Except where prohibited, participant
agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Program, these Rules, or any prize awarded shall be submitted to the alternative dispute resolution service, JAMS, for binding arbitration under its rules then in effect in the Boston, Massachusetts area, without resort to any form of class action, and determined by one (1) arbitrator to be mutually agreed upon by both parties, with the parties agreeing to share equally in the arbitration costs; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the entrant and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.
20. COPY OF RULES; CONTACT:The Participants can obtain copies of the Rules at no charge by sending a
request by email to firstname.lastname@example.org. Any other questions, concerns or queries shall be sent by
e-mail to Sponsor at the same email address.