JOHNSON & JOHNSON CONSUMER INC. AFRICA INNOVATION CHALLENGE (“AIC”)

APPLICATION TERMS

By submitting requested information (“Application”) as part of this AIC, you on behalf of yourself and your company (“Applicant”) agree to abide by these Application Terms (the “Terms”), the terms and conditions of our vendor, FluidReview , and the decisions of Johnson & Johnson Consumer Inc. and Johnson & Johnson Innovation LLC (collectively “JJI”) on this AIC, which shall be final and binding in all respects.

By submitting an Application, Applicants warrant that no information provided as part of the Application IS OR can be deemed confidential OR proprietary, considered a trade secret or privileged.

The AIC will be announced via email, press release and/or a social media post (collectively, the “AIC Announcements”). An AIC Announcement will include how to apply, the application deadline and the award for that AIC. All information contained in an AIC Announcement is incorporated herein by reference. To the extent that there is a conflict between an AIC provision of the AIC Announcement and these Terms, these Terms shall prevail with respect to such provision.

WHO CAN PARTICIPATE:

Applications should only be submitted by authorized representatives of the Applicant applying for the AIC. To qualify, each Applicant must submit an innovative idea in at least one of the following categories:
(i) promoting early child development and maternal health in Africa;
(ii) empowering young girls in Africa; and
(iii) improving family well-being in Africa.

Applicants are responsible for complying with any company policies related to participating in programs of this nature, including, but not limited to obtaining any necessary permissions from their company to participate and to provide the information required for the Application and to submit it.

WHO CANNOT PARTICIPATE:

Health Care Providers (“HCPs”), Government Officials (“GOs”) and any organization affiliated with either are not eligible to participate. CLICK HERE for definition of HCPs and GOs.

HOW TO SUBMIT AN APPLICATION:

Visit http://jnjconsumer.fluidreview.com/ and follow the directions provided to complete and submit the Application. You represent that all information provided as part of the Application is truthful and accurate. All Applications must be received by the deadline stated. By submitting an Application, Applicants warrant that:
(i) all information contained in the Application is original to the Applicant or the Applicant has secured all rights to submit the Application;
(ii) no information is or can be deemed confidential or proprietary, considered a trade secret or privileged;
(iii) neither the Applicant’s Application nor JJI’s use of the Application (or information contained thereon), in whole or in part, violates the right(s) of any third party;
(iv) all activities of an Applicant’s business initiative are lawful;
(v) the Application does not contain offensive or libelous material, is truthful and not misleading;
(vi) the Applicant has considered and complied with all contractual and/or confidentiality commitments that may be applicable to his/her Application, including compliance with business privacy policies, data use policies, policies governing disclosure of company information, agreements with third parties, and any other company policies or commitments that may be applicable;
(vii) Applicant is aged 18 years or older;
(viii) Applicant is a citizen or permanent resident in a country in Africa;
(ix) Applicant has not received funding from one or more third parties for the funding of the idea in their Application in a cumulative amount of greater than US$100,000; and
(x) Applicant has submitted the Application in accordance with these Terms.

No confidential relationship is established or implied by JJI’s acceptance or consideration of an Application. All submissions are voluntary.

Applicant understands that the United States government has in place certain sanctions against certain countries, individuals and entities and that JJI and its affiliates are prohitibited from engaging in transactions or other activities within the scope of those sanctions. Applicant understands that JJI will screen every applicant against these sanctions and will not enter into any transactions within the scope of the sanctions.

Applicant understands and agrees to be responsible for applying for any necessary intellectual property protections in connection with any information provided as part of the Application, including, but not limited to, any patents, prior to submitting the Application. Applicant acknowledges and agrees that JJI is not responsible and will have no liability for any claims or actions associated with Applicant’s failure to do so.
Each Applicant understands and acknowledges, to the extent permitted by law, that: i) JJI and its parent, affiliates, and subsidiaries have wide access to ideas, designs, protocols, methodologies and other materials (collectively, “Ideas”), and those new Ideas are constantly being submitted to it or being developed by their own employees; ii) many Ideas may be competitive with, similar to, or identical to content in the Application and/or each other in concept, approach, format, or other respects; iii) Applicant will not be entitled to any compensation as a result of JJI's or its parent’s, affiliates’, and subsidiaries’ development or use of any such similar or identical material that has or may come to JJI, or any of them, from other sources. Except where prohibited by law, each Applicant acknowledges and agrees that JJI does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright, patent or other intellectual property right in and to the submission. Finally, to the extent permitted by law, each Applicant acknowledges that, with respect to any claim by Applicant relating to or arising out of any JJI's or its parent’s, affiliates’, and subsidiaries’ actual or alleged exploitation or use of any Application or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Applicant will not be irreparable or otherwise sufficient to entitle such Applicant to seek any injunctive or other equitable relief or in any way enjoin, otherwise interfere with, delay, or interrupt the production, distribution, exhibition, or other exploitation of any production based on, or allegedly based on, the Application, and, to extent permitted by applicable law, Applicant’s rights and remedies in any such event shall be strictly limited to the right to recover out-of-pocket costs associated with entering the AIC, if any, in an action at law.

ACCOUNT, PASSWORD AND SECURITY:

As part of the registration process required to submit an Application, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify JJI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. JJI cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that JJI shall be the sole arbiter of such dispute in its sole discretion and that JJI's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

PRIVACY:

JJI is committed to protecting the privacy of Applicants. Please see JJI’s Privacy Policy and FluidReview’s Privacy Statement for more information.

APPLICANT SCREENING AND SELECTION:

Initial Application Review: Applications submitted for the AIC may be transmitted to/from the United States and will be reviewed by representatives of JJI, JJI’s parent company, affiliates or partners (“Judging Committee). Applications may be submitted until January 17, 2017 (“AIC Period”); provided, however, the JJI may at its sole discretion extend the term of such AIC Period. Eligible Applications received during the AIC Period will be reviewed for eligibility, and eligible Applications will be judged by a first judging committee based on the following criteria: (i) does the idea address at least one of the three AIC categories?; (ii) is the idea innovative and creative?; (ii) is the idea scalable?; and (iii) is the idea’s development plan and time table feasible within the timeframe of about one year?
Final Application Review: Selected Applicants will have their Applications reviewed by a second judging committee (“Finalists”). JJI may, at its discretion, ask a Finalist to submit certain confidential information regarding its Application in order to assist the second judging committee in making its final selection. Any such subsequent disclosure would be made pursuant to a mutually agreeable confidentiality agreement executed by the Finalists and Johnson & Johnson Consumer Inc. The “Award Recipients” will be determined by the second judging committee from among the Finalists. JJI reserves the right to not provide all Awards if it does not receive a sufficient number of eligible and qualified Applications. Decisions of JJI are final and binding in all matters. Award Recipients will be announced on the date specified in the AIC Announcement.
Potential Award Recipients may be required to execute and return an Applicant Agreement and Release and other documentation within a time period specified by JJI. If such documents are not returned within the specified time period or a potential Award Recipient cannot be contacted within a reasonable time period or is not in compliance with these Terms, such potential Award Recipient will be disqualified and another Applicant may, in JJI’s sole discretion, be selected and the Award awarded to another eligible Applicant in accordance with these Terms. 

AWARD:

The Award will be set forth in the AIC Announcement. The exact value of the Award will be provided to the Award Recipient at time of notification. The Award may not be substituted, assigned or transferred or redeemed for cash, however JJI reserves the right, at its sole discretion, to substitute an Award (or portion thereof) with one of comparable or greater value. Award Recipients are responsible for all applicable federal, state, provincial and local taxes, if any, as well as any other costs and expenses associated with Award acceptance and use not specified herein or in the AIC Announcement as being provided.

PUBLICITY GRANT:

By accepting an Award, each Award Recipient agrees to the use by JJI and its designees of Applicant’s name, company name, trademarks and logos, city and province/state of residence, images and/or likenesses for advertising and publicity purposes, in any manner, in any and all media, now or hereafter known, worldwide in perpetuity, without compensation (unless prohibited by law) or additional consents and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.

RELEASE OF LIABILITY:

By submitting an Application, to the extent permitted by law, Applicants agree to release, discharge, hold harmless and indemnify JJI, its parent, affiliates, subsidiaries, and advertising and promotion agencies, FluidReview, partners of the AIC, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind (including, without limitation, arising from claims based upon invasion of privacy, defamation, or right of publicity) to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Applicant’s participation in the AIC and/or the use of the Award or any Released Party’s use of any information provided as part of the Application.

GENERAL CONDITIONS:

To the extent permitted by law, Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled Applications; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the AIC or the Application process, including, without limitation, errors or difficulties which may occur in connection with the administration of the Application process or in any Application and AIC-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Application process or the AIC. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Application process or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Application process or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Terms, as solely determined by JJI, will be disqualified. JJI reserves the right at its sole discretion to suspend, modify or terminate the Application process at any time and for any reason.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE APPLICATION PROCESS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, JJI RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Void where prohibited by law. AIC is subject to all applicable federal, provincial, state and local laws.

CHOICE OF LAW:
To the extent permitted by law, Applicant understands that any and all legal actions or claims arising in connection with this AIC must be brought in a court of competent jurisdiction in the State of New York. Applicant agrees, to the extent permitted by law, that: (1) any and all disputes, claims and causes of action arising out of or connected with the AIC or any award provided shall be resolved individually, without resort to any form of class action, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event will I be entitled to obtain attorneys' fees or other legal costs; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) Applicant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law, without reference to New York choice of law rules, governs the AIC and all aspects related thereto.

“Government Official or GO”

means any official or employee of a government agency or instrumentality of the government including but is not limited to a political party, party official or candidate, or public international organizations. It also includes individuals representing himself or herself as a GO, for example, a customs official, inspector, auditor, investigator, elected official, or employee of a government ministry or agency. Note that this definition includes agents or employees of some non-governmental (NGO) organizations where those organizations perform quasi-governmental services such as distribution of drugs and medical devices or delivery of health care services, an individual who is an agent or consultant to a government agency, or provides a primary business address at a government facility, uses a military title or rank, supplies an email address associated with a government entity or is otherwise known or believed to be a government employee. Health Ministries and government-owned hospitals often employ HCPs who may be GOs under local law. A private HCP that provides consulting services or otherwise acts as an agent of the government, these individuals should be considered Government Officials. “Health Care Provider” or “HCP” means:
• All physicians; and
• Any other individual, institution or entity with the ability to prescribe, acquire or influence the prescription or acquisition of the Johnson & Johnson products or services at issue, and either of the following:
o The products at issue are regulated or registered as medicinal products or devices (or their equivalents) in the applicable country; or
o The products or services at issue are subject to reimbursement by government or third parties; or, are offered for sale with products or services subject to such reimbursement.
Examples of HCPs -- depending on the nature of the products or services at issue -- may include, but are not limited to, doctors, nurses, physician assistants, pharmacists, other para-medical staff, members of product formulary committees, health economists, key opinion leaders including scientists and/or PhD’s, clinical investigators and researchers, administrative and management employees of private and public hospitals, HCPs-in-training and medical societies