2022 Biopharma Innovation Support Initiative – Terms and Conditions
Rules approved the May 16, 2022.
No purchase is necessary to enter or win. Submission of an application to this program constitutes your acceptance of these official rules. Void where restricted or prohibited by law.
Entry in this program constitutes acceptance of these official rules by the entity submitting the entry.
The Lunaphore Program under the name of “Biopharma Innovation Support Initiative” (hereinafter, the “Program”) is sponsored by Lunaphore Technologies S.A., with headquarters at Route de Lully 5C in Tolochenaz, Switzerland a company duly incorporated by the laws of Switzerland, registered within the commercial register of the canton de Vaud under registration number CHE-213.835.541. (“Sponsor” or “us”).
- BINDING AGREEMENT
Each entity submitting or attempting to submit an entry to the Program are not eligible to receive the Prizes described in these Rules unless they 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.
(“Participant” or “you”) for the Lunaphore COMET™ Biopharma Innovation Support Initiative (“Program”), 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.
- PROGRAM PERIOD
The Program begins at 12:00 AM Central European Summer Time (“CEST”) on May 16, 2022 and ends at 11:59 PM CEST on July 1, 2022 (“Program Period”). PARTICIPANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTION.
Two (2) winners will be selected by the appointed jury. Winners will be announced privately among the rest of the Participants on July 15 at 12:00 AM.
To be eligible for the Program, the applicant needs to fulfil with the following requirements:
- Be a pharmaceutical or biotechnology company, located or do substantial business in one of the following territories (the “Territory”): USA, EU countries, Switzerland, Norway and UK.
- Have intent to acquire spatial biology capabilities.
- Participants must be interested in using spatial biology technology to perform hyperplex spatial analysis with 10-40 biomarkers on a single tissue sample (FFPE or frozen sections).
- Submit the application with all mandatory fields filled in.
Please note that any employees of Sponsor or immediate family and household members are not eligible to participate.
Winning any prize is contingent upon fulfilling all requirements set forth herein. The Program is subject to applicable substantive Swiss laws and regulations. The Program is void outside of the Territory, and where prohibited by law.
- HOW TO ENTER
NO PURCHASE NECESSARY TO ENTER OR WIN.
In order to enter, during the Program Period, Participants should visit the Program website at https://lunaphore.com/2022-biopharma-innovation-support-initiative/ to submit a technology acquisition support request and any additional registration information required for participation (“Application Form”). All application forms must be received online, through the online submission system, before the end of the Program period. Application forms must meet the submission requirements described below in Section 6.
All application forms 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. The applicants representing the Participant entities must be age eighteen (18) or older.
SPONSOR WILL CONSIDER ONLY ONE (1) ENTRY FROM EACH PARTICIPANT LAB. NO OTHER ENTRIES WILL BE CONSIDERED. Subsequent entries will be disqualified. At submission, the Participant expressly accept that all the information and material displayed and shared in the entries become the sole property of Sponsor.
Sponsor is not responsible for: (i) lost, late, incomplete, invalid, illegible, unintelligible, incomplete, damaged, altered, counterfeit, obtained through fraud, late, or misdirected entries, which will be disqualified; (ii) for failed, partial or garbled computer transmissions; or (iii) for technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; or (iv) for any error, technical or otherwise. Sponsor reserves the right, in its sole discretion, to disqualify any application not in compliance with these present rules.
- 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 threatening, abusive, harassing, offensive, obscene, defamatory, libelous, hateful, embarrassing to another person or entity, profane, discriminatory, false, misleading, deceptive, invasive of another’s privacy, tortious, 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, these rules, or the rights of any third party.
- ELECTRONIC COMMUNICATIONS
By submitting the application form, you agree to communicate for the purpose of this Program with Sponsor electronically. By agreeing to do business electronically, you (i) agree that your consent to these Rules is a binding form of your electronic signature, which you agree binds you to these Rules, (ii) represent that you have internet access and a valid email address enabling you access to information pertaining to the Program online and to receive communications and documents electronically, and (iii) represent that you have a printer or other device to print or otherwise save communications and documents including, without limitation, these rules and that you have, in fact, printed or otherwise saved a copy of these rules for your records. This consent is effective unless and until you withdraw it. You may withdraw your consent to electronic communication and delivery of documents, update your contact information, or request a free paper copy of these rules at any time by contacting us as set forth in these rules. We will send you a confirmation notice once we have processed your change request.
- SELECTION OF PRIZE WINNERS & NOTIFICATION
The application forms will be judged by three (3) qualified judges who are employees of Sponsor or its affiliates or external business partner. The decision will be taken unanimously. All application forms shall be judged based on the following objective criteria of equal weight:
- Well-defined proposal with precise application details;
- Preliminary experience with multiplex immunofluorescence;
- Suitability of Lunaphore’s COMET™ system for laboratory research activities detailed in the Form.
The awarded candidates (collectively, “Prize Winners”) agree that Lunaphore Technologies shall have the right to announce among the Participants the Prize Winner’s name Based on all the submissions and entries received before 11:59 PM CEST on July 1, Sponsor will select the awarded two (2) candidates and will communicate the Prize Winners by July 15, 2022 12:00 AM. If any potential Prize Winner fails to respond to Sponsor’s notification within twenty (20) calendar days, Sponsor reserves the right to choose a different potential Prize Winner.
Decisions from the judges are final and binding. In the event that no qualified entries are received, no prizes will be awarded.
The Prizes offered by the Program to the two (2) Prize Winners are the following:
- Phase A. Sample Testing Project: Option 1: 12-plex from Lunaphore’s list of markers + 2 new markers of participant’s choice, on participant’s tissue of choice, which must be a human, FFPE sample. Markers must have been previously validated and used at Participant’s lab; OR Option 2: 20-plex from Lunaphore’s list of markers on Participant’s tissue of choice, which must be a human, FFPE sample type. The turnaround of this project will be 4 weeks and will require the winner to provide up to 15-20 FFPE tissue sections of the relevant tissue type for the submitted project.
- Phase B. Discount Package: A twenty per cent (20%) discount on a COMET™ instrument if an order is placed in 2022 OR ten per cent (10%) discount on a COMET™ instrument if an order is placed in 2023. Winners 1 & 2 will also receive an additional ten per cent (10%) discount for consumable chips for one (1) year. Protocols developed during the sample testing project will be provided to customers for free.
- Phase C: Implementation Support Package, subject to instrument acquisition, and provided at the time of COMET™ installation: Hands-on training and protocol implementation support will be provided on-site by Lunaphore’s scientists at the participant’s lab, to seamlessly pick up where Phase B finished, and support the setup of experiments in the participant’s workflow. Hands-on support will be provided to implement protocols developed during the sample testing project or other protocols of choice.
All other participants will automatically receive:
- An Access Lab offering: fifty per cent (50%) discount on a standard Access Lab service (with a maximum package value of CHF 25’000
- A five per cent (5%) discount on a COMET™ instrument if the order is placed in 2022 or 2023. The prize discounts are offered for instrument acquisition sales opportunities only. No discounts will be offered to applicants disqualified based on the Program requirements and other considerations.
The prize winners are responsible for any shipping costs (including any applicable customs or export duties if applicable) of their experiment samples.
The market value of the Prize will be defined on each case depending on the features of each research project and materials requested.
Odds of winning the prizes depend on number of eligible entries received and the skill and suitability of the Participants. No transfer, substitutions or cash equivalent for prizes will be allowed, except at Sponsor’s sole discretion. Any of the Prizes remaining unused as of 31st December 2023 shall be void. The Prize Winners may be required to sign a Certificate of Eligibility and Liability/ Publicity Release prior to receiving any Prize, unless prohibited by law.
Any and all Sponsor technologies and services come with the standard warranty as described in the product or service documentation. Sponsor and its affiliates make no other warranties or representations whatsoever relative to the quality, conditions, fitness or merchantability of any aspects of the Sponsor technologies and services that are purchased with the Prizes. Prize Winners and other participants of each Program Category are solely responsible for all activation fees, service fees, taxes and other charges due on any purchased Sponsor technologies and services. Except as set forth herein, Sponsor shall be responsible for shipping, customs and export duties and other handling charges related to shipping and delivery of any Sponsor technologies and services to the Prize Winners.
- DUTIES, TAXES AND SERVICES
ALL TAXES, FEES, DUTIES, SURCHARGES, IF ANY, ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNERS. In order to receive a Prize, potential Prize Winners may be requested to 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. Only the Prize Winner is responsible for ensuring that it complies with all the applicable tax laws and filing requirements. If a Prize 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 Prize Winner.
- GENERAL CONDITIONS
Sponsor reserves the right at its sole discretion to disqualify Participants that violate any applicable Swiss or local rules and legislation misrepresent themselves or provide misleading information to Sponsor. Sponsor further reserves the right to disqualify any Participant that tampers with the submission process or with 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.
- CONFIDENTIAL INFORMATION
Sponsor agrees to treat as confidential all information that is submitted by a participant in writing and marked “Confidential.” Sponsor and each Participant agree that Sponsor may use such confidential information exclusively for (i) judging such Participant’s proposal, (iii) general market analysis purposes where the confidential information will be in any case be used as disaggregated data (collectively, the “Purposes”). Sponsor agrees to protect such confidential information from unauthorized access and dissemination, and not to disclose it to any party other than to its affiliates, and its affiliates’ officers, employees, representatives and advisors (collectively, “Agents”), who are reasonably required to receive such confidential information for the Purposes, where such Agents have been made aware of the confidential nature and are bound by a written obligation of confidentiality no less stringent than that set forth herein. The provisions of this paragraph shall not apply to information or parts thereof which (a) have been in or become part of the public domain through no breach of this paragraph by Sponsor, (b) have been made available to Sponsor without known wrongful act by an independent third party, (c) have been already lawfully in Sponsor’s possession at the time of receipt of the confidential information from the Participant, or (d) have been independently developed by Sponsor or its affiliates without use of the Participant’s confidential information. In case Sponsor is required by applicable law, regulation, rule or act or by order of any governmental authority or court of competent jurisdiction to disclose a participant’s confidential information, Sponsor shall give sufficient advance written notice so that the Participant may either seek a protective order or other appropriate remedy or waive compliance with the provisions of this paragraph for such disclosure. In the event that a participant is either unable to obtain such remedy or waives compliance with the provisions of this paragraph, Sponsor will thereafter disclose only the minimum confidential information of the participant required in order to comply. Sponsor’s nondisclosure and nonuse obligations with respect to a participant’s confidential information shall expire on the fifth (five) anniversary of receipt of such information. Sponsor shall take action to enforce the obligations and restrictions herein on such affiliates and agents which receive confidential information for the Purposes. Sponsor shall be liable to a Participant for any non-compliance of those affiliates and Agents with such obligations and restrictions to the same extent as Sponsor is liable for any such noncompliance on its own part. Each participant warrants that it has the right to make disclosures of confidential information in connection with its proposal.
- INTELLECTUAL PROPERTY RIGHTS/PUBLICITY
Only if expressly granted or assigned upon request to the Sponsor in written, Participants shall not grant or assign to the Sponsor and its affiliates, any license nor right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of all information, images and other materials or contents contained in the application form.
Participants agree that personal data including, but not limited to, name, mailing address, phone number, and email address (“Personal Information”) may be collected, processed, stored and otherwise used by the Sponsor, or any party authorized by them for the purposes of conducting and administering the Program, including its affiliates. This 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 a Participant in response to a question submitted by such Participant or regarding certain technologies and services of Sponsor and its affiliates.
This Personal Information may also be shared by the 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 a Participant have requested, to support the Sponsor’s business, 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.
Additionally, Personal Information may be stored and used by Sponsor to communicate with Participants in the future to discuss relevant information and news about the company and its products.
Additionally, we ask that you please note the following:
- The data controller is Sponsor and the data recipients are Sponsor and its agents;
- Personal Information is collected for purposes of administration of the Program and also promotional and communication purposes;
- Participants have a right of access to and withdrawal their consent to the storage and processing of their Personal Information at any time. Participants also have a right of opposition to the data collection, under circumstances. To exercise such rights or to obtain a copy of the Rules at no charge, Participants may send a request to: [email protected];
- 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 Prize Winners.
- RIGHT TO CANCEL, MODIFY, OR DISQUALIFY
If for any reason the Program or any portion of either 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 it at any time.
- 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, PRIZES OR USE OF A PRIZE OR SPONSOR TECHNOLOGIES AND SERVICES, 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 website 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, each Prize 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 Sponsor technologies and services 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 Prize Winner, or for any injuries, losses, or damages by reason of the Participant’s participation in the Program or use of the Prize.
- IN CASE OF DISPUTES
Sponsor will interpret these Rules and resolve any disputes pursuant to the substantive laws of Switzerland; 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 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. Any formal claim will be solved in good faith and manners. If a friendly solution cannot be found, the parties agree that the courts of Lausanne (Canton of Vaud) will be the only competent jurisdiction.
- CONTACT & WINNERS LIST
Any questions, complaints or queries shall be sent by email to Sponsor at: [email protected]. Participants may request a list of the Prize Winners by email.