2022 COMET™ Grant Program - Terms and Conditions

2022 COMET™ Grant Program – Terms and Conditions 

Date: 20 October 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. 

 

  1. SPONSOR 

The Lunaphore Program under the name of “2022 COMET Grant Program (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”). 

 

  1. BINDING AGREEMENT 

Each entity submitting or attempting to submit an entry to the Program is not eligible to receive the Prize described in these Rules unless they agree to these Rules. Any and all individuals submitting an entry on behalf of an entity represent 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 2022 COMET™ Grant Program (“Program”), agrees to be bound by these Official Rules (“Rules”) and the decisions of the Sponsor, which are final and binding. Therefore, please read these Rules prior to entry to ensure you understand and agree. 

 

  1. PROGRAM PERIOD 

The Program begins at 12:00 AM Central European Summer Time (“CEST”) on October 24, 2022, and ends at 11:59 PM CET on December 9, 2022 (“Program Period”). PARTICIPANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTION. 

One (1) winner will be selected by the appointed jury. The winner will be announced publicly on December 16, 2022, by 12:00 AM CET. 

 

  1. ELIGIBILITY 

To be eligible for the Program, the applicant needs to fulfill the following requirements: 

  • Applicants must be employed at a Research Institution (private or academic), Healthcare Organization (HCO), a Pharma / Biotech company, or a Contract Research Organization (CRO) located in Europe or the US, in a capacity in which they perform life sciences research, located or do substantial business in one of the following territories (the “Territory”): USA, EU countries, Switzerland, Norway, and the UK. 
  • Have the intent to acquire spatial biology technology and 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 the 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. 

 

  1. 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-comet-grant-program 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. 

The Application Form will ask participants to provide in text form:  

  • A detailed description of the specific research study that would be performed on the COMET™ platform, including sample tissue type(s) and fixation, proposed biomarkers list including proposed biomarkers antibody access; 
  • Description of how the research using the COMET™ platform will enable the laboratory to enhance current research, or enable research not currently undertaken; 
  • Description of the advancement of knowledge generated by the expected outcomes using the COMET™ platform; 
  • Intended use of the data generated. 

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. 

THE 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 accepts that all the information and material displayed and shared in the entries become the sole property of the 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. 

 

  1. 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 the Sponsor. Content may not be offensive or defamatory, as determined by the 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. 

 

  1. ELECTRONIC COMMUNICATIONS 

By submitting the application form, you agree to communicate for the purpose of this Program with the 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. 

 

  1. SELECTION OF PRIZE WINNERS & NOTIFICATION 

The Application Forms will be judged by qualified judges who are employees of the Sponsor or its affiliates or external business partner. All Application Forms shall be judged based on the following objective criteria of equal weight: 

  1. The scientific impact of the study being developed;  
  1. Well-defined proposal with precise research goals;  
  1. Preliminary experience with multiplex immunofluorescence;  
  1. Intention to adopt the Lunaphore COMET™ instrument in laboratory research activities following program completion.  

 

The awarded candidate (“Prize Winner”) agrees that Lunaphore Technologies shall have the right to publicly announce the Prize Winner’s name and research topic, including sharing these in marketing materials and seminars. The awarded candidate (Prize Winner”) agrees 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 CET on December 9, 2022, Sponsor will select the awarded one (1) candidate and will communicate the Prize Winners by December 16, 2022, 12:00 AM CET. If any potential Prize Winner fails to respond to the 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. 

 

  1. PRIZE 

The Prize offered by the Program to the one (1) Prize Winner is the following: 

  • Prize: COMET™ 4-month placement, free COMET™ consumables and buffers for 60 tests, and 50% off COMET™ consumables and buffers during the 4-month placement. The prize includes shipment, installation, and training on the COMET™ instrument. 
  • Discount Package: A twenty percent (20%) discount on a COMET™ instrument if an order is placed in 2023 OR a ten percent (10%) discount on a COMET™ instrument if an order is placed in 2024. The winner will also receive an additional ten percent (10%) discount for consumable chips for one (1) year. 
  • 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 and support the setup of experiments in the participant’s workflow. Hands-on support will be provided to implement the protocols of choice. 

 

All other qualified participants will automatically receive: 

  • An Access Lab offering: fifty percent (50%) discount on a standard Access Lab service (with a maximum package value of CHF 25’000) 
  • A five percent (5%) discount on a COMET™ instrument if the order is placed in 2023 or 2024. The price 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 odds of winning the prizes depend on the number of eligible entries received and the skill and suitability of the Participants. No transfer, substitution, or cash equivalent for the prize will be allowed, except at the Sponsor’s sole discretion. Any portion of the Prize remaining unused as of 31st December 2023 shall be void. The Prize Winner 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 Prize. The prize Winner and other participants of the Program 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, the 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 Winner. 

 

  1. DUTIES, TAXES, AND SERVICES 

ALL TAXES, FEES, DUTIES, AND SURCHARGES, IF ANY, ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNER. In order to receive a Prize, the potential Prize Winner may be requested to submit the tax documentation requested by the Sponsor or otherwise required by applicable law, to the 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. 

 

  1. 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 website 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 the Sponsor. 

 

  1. 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 the use of the Participant’s confidential information. In case the 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, the 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 non-use 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. 

 

  1. INTELLECTUAL PROPERTY RIGHTS/PUBLICITY 

Only if expressly granted or assigned upon request to the Sponsor in writing, 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. 

 

  1. PRIVACY 

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 has 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 the 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 the Sponsor and the data recipients are the 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 of 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]; 

To further understand how the Sponsor stores and uses Personal Information you can read the full Privacy Policy. 

 

  1. 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 the Participant may legally grant all licenses and permissions contained within these Rules to the 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. 

 

  1. 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. 

 

  1. LIMITATION OF LIABILITY 

IN NO EVENT SHALL THE 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 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, the Prize Winner agrees to release and hold harmless the 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 the 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. 

 

  1. 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. 

 

  1. CONTACT & WINNERS LIST 

Any questions, complaints, or queries shall be sent by email to the Sponsor at: [email protected]. Participants may request information regarding who was the Prize Winner by email.