Terms & Conditions
TAG Challenge 2012 Competition Website Terms of Use
1. Terms of website use
1.1 This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website at www.stramashlabs.com (the site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using the site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the site.
2. Information about us
2.1 www.stramashlabs.com is a site operated by Scottish Enterprise established by the Enterprise and New Towns (Scotland) Act 1990 and having its principal place of business at Atrium Court, 50 Waterloo Street, Glasgow G2 6HQ (“We” or “Scottish Enterprise”).
3. Accessing the site
3.1 Access to the site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the site without notice (see below). We will not be liable if for any reason the site is unavailable at any time or for any period.
3.2 From time to time, we may restrict access to some parts of the site, or our entire site, to users who have registered with us.
3.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
3.4 When using the site, you must comply with the provisions of our acceptable use policy [INSERT AS LINK TO ACCEPTABLE USE POLICY].
3.5 You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.
4. Intellectual Property Rights
4.1 In these terms and conditions the following words shall have the following meanings:-
“Intellectual Property Rights” or “IPR” means any patents, trade marks, domain names, registered designs, copyright (including but not limited to rights in computer software, object and source code), rights in the nature of copyright, database rights, semi-conductor topography rights, unregistered design rights, rights in and to trade names, business names, product names and logos, inventions, databases, discoveries, specifications, formulae, processes, know how, trade secrets, confidential information and any analogous or similar right in any jurisdiction (whether such rights referred to in this definition are registered, unregistered, able to be registered or not) and any applications or rights to apply for registration of any of them, any and all divisions and continuations of said applications and the right to claim priority from any of the applications together with any registered rights resulting from any such applications or rights to apply for registration and any and all intellectual property or industrial rights of any description anywhere in the world.
4.2 We are the owner or the licensee of all Intellectual Property Rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.3 You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference and you may draw the attention of others within your organisation to material posted on the site.
4.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.5 Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.
4.6 You must not use any part of the materials on the site for commercial purposes without obtaining a licence to do so from us or our licensors.
4.7 If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5. Reliance on information posted
5.1 Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents.
6. The site changes regularly
6.1 We aim to update the site regularly, and may change the content at any time. If the need arises, we may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material.
7. Our liability
7.1 The material displayed on the site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and all other parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
7.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any materials posted on it, including:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
7.3 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
8. Information about you and your visits to the site
8.1 We process information about you in accordance with our privacy policy [INSERT AS LINK TO SITE'S PRIVACY POLICY]. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
9. Competition entries submitted through the site
9.1 Entries to the TAG Challenge 2012 Competition (the “Competition”) submitted through the site are governed by the TAG Challenge 2012 Competition Terms and Conditions [INSERT AS LINK TO TAG COMPETITION TS AND CS] and the TAG Challenge Competition 2012 Licence [INSERT AS LINK TO COMPETITON LICENCE] (the “Competition Licence”) in addition to these terms of use.
10. Uploading material to the site
10.1 Whenever you make use of a feature that allows you to upload material to the site, or to make contact with other users of the site, you must comply with the content standards set out in our acceptable use policy [INSERT AS LINK TO ACCEPTABLE USE POLICY]. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
11. Ownership of material uploaded to the site
11.1 Ownership of any Work (as defined in the Competition Licence) that you submit or upload to the site or otherwise contribute to the Competition, including, without limitation, any Work contained in an entry to the Competition, and all Intellectual Property Rights contained in such Work will remain owned by you (subject to any decision reached pursuant to clause 12 below). By uploading or otherwise submitting Work to the site or the Competition you become a Licensor under the Competition Licence and you hereby agree to make available to the other Participants (as defined in the Competition Licence) in accordance with the Competition Licence all of the Intellectual Property Rights and other rights in such Work.
11.2 If you’re worried about protecting your Work and the IPR and other rights in it, then you must let us know on the site at the time of submission of the Work by ticking the relevant box. If you are attending a DesignCamp, the Work should be logged through the site before 8am on the day of the DesignCamp. Your Work will be timestamped and this used to confirm when it was submitted and by whom. Of course, we believe sharing is caring and encourage Participants to give away enough of their idea in order to find people to help them develop it and take it forward. Please note that if you submit Work to the site and/or Competition you are agreeing that you are willing for it to be developed and that you may not be able to prevent this in the future if a referral is made to Scottish Enterprise pursuant to clause 12 below and Scottish Enterprise decides that your commercial interests have been protected in allowing development to take place even if it is against your will.
11.3 As a Participant you shall be entitled to use, in accordance with the terms of the Competition Licence, any Work posted or uploaded to the site by other Participants and you hereby agree to abide by the terms of the Competition Licence at all times.
11.4 Where you create a Development (as defined in the Competition Licence) you will notify the Original Author (as defined in the Competition Licence) of the relevant Work and hereby agree to make it available on the terms set out in the Competition Licence subject to clause 11.6 below.
11.5 Where you wish to Use (as defined in the Competition Licence) a Development created by another Participant you agree to do so in accordance with the Competition Licence subject to clause 11.6 below.
11.6 In each of the situations set out in clause 11.4 and 11.5 above, in the Competition Licence each reference to the Work shall be deemed to be a reference to the Development and each reference to the Original Author shall be deemed to be a reference to the person who created the Development (the “Development Author”) except those in clause 2.3 of the Competition Licence which shall be deemed to be references to the Original Author AND the Development Author.
11.7 We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their Intellectual Property Rights or other rights, or of their right to privacy.
11.8 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.
11.9 You will comply with our acceptable use policy. We have the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy [INSERT AS LINK TO ACCEPTABLE USE POLICY].
12. Post Competition Procedure
12.1 Following completion of the Competition, you agree to negotiate in good faith with your team members as to whether there is a prospect of commercial success for your team’s Competition entry and if so on how to develop it going forward and on what commercial terms this should take place. In the event that you and your other team members cannot agree on how to develop the entry or cannot agree on the commercial terms within 6 months of the end of the Competition then you or any other member of your team may refer the matter to Scottish Enterprise for determination by giving written notice to each of the other team members and Scottish Enterprise.
12.2 You agree to supply Scottish Enterprise with all such assistance, documents and information as it may require for the purpose of such determination.
12.3 Scottish Enterprise shall decide at its sole discretion how to resolve the situation to best serve the commercial interests of all the parties involved and the goals of the Competition. You agree that Scottish Enterprise’s decision shall be final and binding on you.
12.4 You expressly acknowledge and agree that you do not intend the reference to Scottish Enterprise to constitute an arbitration within the scope of any arbitration legislation, that Scottish Enterprise’s decision is not a quasi judicial procedure and that you and your other team members shall have no right of appeal against Scottish Enterprise’s decision provided always that this shall not be construed as waiving any rights you or they might have against Scottish Enterprise for being negligent.
13. Viruses, hacking and other offences
13.1 You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
13.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
13.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any website linked to it.
14. Linking to the site
14.1 You may link to the home page of the site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14.2 You must not establish a link from any website that is not owned by you.
14.3 The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy [INSERT AS LINK TO ACCEPTABLE USE POLICY].
14.4 If you wish to make any use of material on the site other than that set out above, please address your request to hello@stramashlabs.com.
15. Links from the site
15.1 Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
16. Jurisdiction and applicable law
16.1 The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
16.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.
17. Variations
17.1 We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.
18. Your concerns
18.1 If you have any concerns about material which appears on the site or any other matter concerning the site, please contact hello@stramashlabs.com.
The Tag Challenge 2012 Competition Terms and Conditions
In addition to the Terms of Use and Privacy Statement of the website at www.stramashlabs.com, and the Competition Licence attached to the Term of Use (the “Competition Licence”), please note the following terms and conditions that apply to the TAG Challenge 2012 Competition (the “Competition”):
1. Introduction
1.1 This is your chance to make your idea a reality and meet some of the top business brains in Scotland. This isn’t just about websites or apps, although we love a bit screen tech. This could be about a new physical tech product or even something robotic.
2. Eligibility
2.1 The Competition is open to all persons who on the date of entry are aged 16 and over.
2.2 Competition entries submitted to the Competition must come from a mixed discipline team that is made up of:-
2.2.1 at least one individual who on the date of entry is ordinarily resident* in Scotland;
2.2.2 at least one small, medium or large business in an industry outside the Creative Industries, that is, from the Aerospace, Defence and Marine; Chemical Sciences; Technology; Construction; Energy; Financial Services; Food and Drink; Forest and Timber Technologies; Life Sciences; Manufacturing; Textiles; or Tourism sectors (for information on these sectors please refer to www.scottishenterprise.com),
and must include the Original Author (as defined in the Competition Licence) of each piece of Work (as defined in the Competition Licence) in the team’s entry.
2.3 Attending a DesignCamp is the easiest way to team up with the right kind of business from outside the Creative Industries. Competition entries that do not come from a team that complies with clause 2.2 will not be eligible to win the Competition.
3. Application Process
3.1 Applicant teams must provide a completed application form including, without limitation, an outline of their idea. In completing the application applicant teams should, except where not relevant to their idea, include the following information and answers to the following questions:-
• Tell us the name of your product or service along with a compelling tag line: tell us what you do, for whom, in what context.
• Tell us about the potential user of your product or service and their journey from discovery of your product or service through to using it and having their problem solved.
• What’s their current ‘pain’ in achieving something, and how do you solve that pain to make life easier / cheaper / happier for them? What added benefit to you provide? If you can, tell us a real story that backs this up in less than 60 seconds.
• If you’re a Business-To-Business product or service, get specific in your definition of customers and provide a list of actual customers you have approached or will approach to sell your product or service.
• What do your customers tell their friends your product does? What “word of mouth” qualities do you have?
• Tell us who is not your customer.
• Show us that you have limited your focus. Which ideas have been discarded to get to this one?
• Quantify the value that you bring to the user, and how does this relate to your company vision and product tagline?
• You do have competition. Find who they are and tell us what your competitive value proposition is.
• Are you at risk of having your product copied? Can the competition leapfrog you technologically or with marketing, before you’ve had a chance to make iteration one, two or three? Tell us how you are going to avoid that happening.
• Marketing and route to market: How are you going to make sure that people know you exist?
What social and traditional tools do you feel are going to bring you best value?
What does your industry partner already bring to the mix?
• How do you make money?
What is the price of your product? Why is this the pricing point?
3.2 By submitting an application form or other entry to the Competition, you agree to be bound by these Terms and Conditions, the Competition Licence and the Terms of Use of the website at www.stramashlabs.com and you warrant that all Work submitted by you is original to you and no third party has any rights to it.
4. Entry Deadline
4.1 The deadline for submission of Competition entries is 5pm GMT on 19th March 2012.
5. Selection
5.1 After the Competition deadline is up, we will be narrowing the long list of ideas down to a shortlist of up to 12 ideas, which will be taken to the judging panel.
5.2 This shortlist will be subject to the decision of a team made up of representatives from NoTosh Limited, a company registered in Scotland with Company Number SC370379 and having its registered office at 27 Lauriston Street, Edinburgh EH3 9DQ and We Are Snook Limited, a company registered in Scotland with Company Number SC373366 and having its registered office at 26 Portland Road, Kilmarnock KA1 2EB based on the idea pitch submitted and, where applicable, the impressions of a team’s ability to take forward an idea from the DesignCamps.
5.3 The following criteria will be used to assess the ideas with scores out of 10 being applied:
• Genuine market need (user quantitative and qualitative value)
Quality of direct route to market (thanks to partner);
• Uniqueness to market – satisfactory differentiation from the other entrants;
• User journey;
• Feasibility of delivering a prototype within the time and budget constraints of the likely next stage of investment (i.e. low level, tight times), and
• Business model – pricing.
5.4 The final decision of the prize winner(s) is that of the judging panel.
5.5 In the case of a deadlock in the judging panel, the Scottish Enterprise representatives on the judging panel will make the final decision.
* Ordinarily resident means that you live in Scotland year after year by choice, apart from temporary or occasional absences such as holidays or business trips. Living here totally or mainly for the purpose of receiving full-time education may not count as being ordinarily resident. If you are not a UK national, you must be settled in Scotland (as set out in the Immigration Act 1971) immediately before the date on which you made your application.
TAG Challenge Competition 2012 Licence
This licence enables You to Use the Work provided that You keep to the terms of this Licence.
‘The Licensor’ (the Person offering the Work under the terms and conditions of this Licence)
and
‘You’ (the Person acquiring rights under this Licence)
agree as follows:
1. Definitions of Capitalised Words
1.1 “Competition” means the TAG Challenge 2012 Competition.
1.2 “Development” means any work which incorporates, develops, builds upon or otherwise utilises a Work whether that Work has been modified in the process or not.
1.3 “Effective Date” means the date on which the Work was first submitted to the Competition by the Original Author by submitting it on the Competition website, sharing it with You via one of the Competition’s social media channels, disclosing it to You at a Competition DesignCamp, or otherwise.
1.4 “Original Author” means the Person who created the Work.
1.5 “Participant” means a Person who is participating in the Competition, Scottish Enterprise and any Person who is designated as a “Participant” by Scottish Enterprise.
1.6 “Person” means a natural person or a body of persons corporate or incorporate.
1.7 “Use”, means any use of the Work that is required to enable You to participate fully in the Competition including but not limited to discussing the Work with other Participants and creating a Development but only strictly in connection with the Competition.
1.8 “Work” means any ideas, information, data, proposals and materials that the Licensor submits, uploads or discloses as part of or in connection with the Competition, including any material contained in an entry to the Competition.
1.9 Words in the singular include the plural and vice versa.
2. The Rights Granted
2.1 The Licensor grants to You a UK wide, royalty-free, non-exclusive, licence to Use the Work from the Effective Date until three months after the date on which the winners of the Competition are announced.
2.2 This Licence does not allow you to:
2.2.1 impose any terms or any technological measures on the Work that alter or restrict the terms of this Licence or any rights granted under it or have the effect or intent of restricting the ability of any person to exercise those rights; or
2.2.2 sublicense the Work.
2.3 You must, if you disclose or distribute the Work to any other Participant in any way:-
2.3.1 give notice of the identity of the Original Author to that Participant;
2.3.2 include a notice along with that Work that you are disclosing or distributing the Work pursuant to this Licence; and
2.3.3 notify the Original Author of such disclosure or distribution.
These are important conditions of this Licence and if you fail to comply with them you will be in material breach of its terms.
2.4 Each time You disclose or distribute the Work to any other Participant, the Licensor offers to the recipient a licence to the Work on the same terms and conditions as this Licence.
3. Warranties and Disclaimer
3.1 The Work is licensed by the Licensor “as is” and without any warranty of any kind, either express or implied, whether of title, of accuracy, of fitness for purpose, or otherwise.
4. Limit of Liability
4.1 Subject to any liability which may not be excluded or limited by law, the Licensor shall not be liable for, and expressly excludes, all liability for loss or damage however and whenever caused to anyone by any Use under this Licence, whether by You or by anyone else, and whether caused by any fault on the part of the Licensor or not. If liability may not be excluded by law, it is limited to actual and direct financial loss to the extent it is caused by proved negligence on the part of the Licensor.
5. Termination
5.1 Any breach by You of the terms of this Licence (for example, by distributing the Work to a Person who is not a Participant) will automatically terminate this Licence with immediate effect and without notice to you and any sub-licences that you have purported to grant shall also terminate automatically.
5.2 Unless terminated under clause 5.1, this Licence is granted to you from the Effective Date until three months after the date on which the winners of the Competition are announced when the Licence will terminate automatically.
6. General
6.1 If any provision of this Licence is held to be invalid or unenforceable, that shall not affect the validity or enforceability of the remainder of the terms of this Licence.
6.2 This Licence is the entire agreement between the parties with respect to the Work licensed here. It replaces any earlier understandings, agreements or representations with respect to the Work not specified here.
6.3 If You are in breach of the terms of this Licence (for example, by distributing the Work to a Person who is not a Participant) you will not be entitled to rely on the terms of this Licence or to complain of any breach by the Licensor.
6.4 Neither You, nor anyone else, may enforce any provision of this Licence by specific implement or interdict.
6.5 This Licence is governed by the law of Scotland and You accept the exclusive jurisdiction of the Courts of Scotland to decide any action or claim directed against the Licensor.
