The Challenge rules
The aim of the challenge (the "Challenge") is to incubate startups together with CAP A and Butterfly.
The primary purpose of the Challenge is to enhance the business and technology incubation process at both the startup(s), Ericsson Garage and CAP A. Within the framework of this collaboration the parties will explore further potential synergies that could be the subject of future collaboration. Any such potential synergies would be subject to separate agreements (including provisions on IPR, allocation of contributions to the project (cash and in-kind), confidentiality, dispute resolution etc.). Depending on the outcomes of the final milestone meeting, and with consensus of all parties involved (Ericsson Garage, Capital A, Butterfly and the Startup(s)), the cooperation may continue on for technology and business incubation.
To apply for the Challenge, the startup (the "Participant") will need to submit an Application (as defined below), register on the "Challenge platform" and be selected for the relevant theme. There are three different areas per theme which are 1) Mobility & Sustainable transport, 2) Smart Manufacturing, and 3) IoT Data Management & Security.
The selection (the "Selection") and the Challenge are based on the knowledge, skills, and talents of the Participant. The Selection and the Challenge do not therefore depend on luck or chance and any law or regulation relating to gambling, lotteries, gaming for money or similar contests is not applicable to the Selection and the Challenge.
There will be 9 selected startups that will get the opportunity to pitch their case in front of a live jury (the "Dragon's Den") at Ericsson Studio on September 5th. At the Dragon's Den each Participant will get 3 minutes to pitch and 3 minutes for questions. The jury of the Dragon's Den will decide which startup will win an investment opportunity with CAP A and Butterfly and the winner will be announced on September 5th. The jury consists of the CEO of Ericsson Börje Ekholm, Tanya Marvin Horowitz, co-founder and managing partner of CAP A and Ville Heikkenin, Partner at Butterfly Ventures.
The role of Ericsson Garage is to provide the winning startups with technology incubation and access to Ericsson's global network. Furthermore, the startups that will be selected for the Dragon's Den will all get access to the Urban ICT Arena to test their idea.
The role of CAP A and Butterfly is to provide the winning startup with a fast track investment meeting and also an investment up to €50k. CAP A and Butterfly will also offer mentoring and investment consideration for the top 5 startup finalists.
Startups must be based in the Nordics in order to be eligible for investment opportunities with CAP A, and their seed fund partner, Butterfly Ventures, via the Ericsson Garage Challenge 2017. Nordic and non-Nordic startups are eligible for technology incubation via the Ericsson Garages, if they are a) based in proximity to one of the Global Garage Sites, b) able to arrange for transport and accommodations to be able to visit one of the Global Garage sites, or c) they can arrange to be temporarily based near or at one of the Global Garage sites. Winning startups must arrange for their own transport to the Urban ICT arena in Kista, Sweden.
To be invited into the Ericsson Studio and participate in the Challenge organized by Ericsson Garage, the participant must be able to clearly show how they fulfill at least 1 of the UN Sustainable Development Goals. For more information about the submission see section below.
To submit an Application, the Participant will need to visit the Challenge platform, on the site and click on the "Apply now" button. Please note that the applications will be reviewed on a rolling basis, as they arrive. We highly recommend you to submit your application early to increase your chances of being selected.
The Participant will then be able to create an account and submit contact details. The Participant will then receive an email to the submitted email address with more information on how to apply. The email will include a link to an online questionnaire (the “Application”) for the selection.
Each Participant shall be responsible for the information and materials submitted on their personal space and shall have priory obtained any and all consents, approvals, licenses or rights required for the Participant to submit the Application.
How to submit the application:
- The Participant shall fill out and submit online application
- The Participant shall submit a high-level business plan and a project plan
The Challenge rules
By accessing the Challenge Platform to submit an Application to the Challenge, each Participant is deemed to have read, understood and agrees to follow the rules set out herein (the "Challenge Rules") which exclusively govern the terms and conditions for the Participant's participation in the Selection and the Challenge (including the use of the Challenge Platform). These Challenge Rules form a binding legal agreement between the Participant and Ericsson AB, reg. no 556056-6258, ("Ericsson").
The Challenge Rules, as amended from time to time, are available and can be downloaded at the Challenge Platform.
2. Responsibilities of the Participant
The Participant shall be responsible for the information and materials submitted on its personal user space and shall priory have obtained any and all consents, approvals, licenses or rights required for the Participant to submit the Application and participate in the Challenge.
In addition, the Participant should, if accepted to the final 9, provide available information in the following categories in order to complete a mini due diligence:
- Financial Reports and Plans
- Assets and Liabilities
- Intellectual property rights
- Business Planning
Except as otherwise stated in these Challenge Rules, all expenses incurred by the Participant in submitting an Application and more generally participating to the Selection and/or the Challenge shall be exclusively borne by the Participant.
The award may be subject to taxes, and it is the Participant's responsibility to comply with any and all tax requirements.
3. Rejection of Applications and Participants
Ericsson may, in its absolute discretion, reject an Application or a Participant, if the Participant who submitted the Application
- has provided an Application that is incomplete or illegible;
- does not fulfil Ericsson's requirements of participants
- has provided false or inaccurate information in the Application, whether it is provided knowingly or by negligence;
- has breached these Challenge Rules;
- has submitted an Application which
- contains intellectual properties owned by a third party (without having obtained appropriate use rights) or contains materials embodying the names, likenesses, voices or other indicia identifying any person including without limitation, celebrities or other public or private figures, living or dead;
- contains offensive, threatening, violent, defamatory, discriminatory, inappropriate, indecent, sexual, profane, tortious or political content in any way; or
- promotes hatred or harm against a group or person;
- has attempted to undermine the Challenge (including the Selection) by cheating, deception, or other unfair practices;
- has abused, threaten or harassed any other Participant (including its employees); or
- has breached applicable law or other public regulations
4. Right to cancel and modify the Challenge Rules
Ericsson reserve the right at their sole discretion to revise the Challenge Rules from time to time and the latest version will always be posted on the Challenge Platform.
In its capacity as coordinator for the Challenge, Ericsson reserve the right to
- modify the description of the Challenge on the Ericsson Garage Site;
- amend the requested information in the Application on the Challenge Site; and/or
- remove, cancel, terminate, suspend any Participant on the Ericsson Garage Site or on the Challenge platform for any reason whatsoever
5. Personal data
Participation in the Challenge requires the submission of personal data relating to, foremost, the identity of the Participant (including names, mailing and correspondence addresses, phone numbers, photos, CVs, etc.). Personal data will be processed in compliance with the Swedish Personal Data Act (1998:204) and solely for the purpose of the Selection and the Challenge.
By submitting an Application, the Participant expressly consents to such data collection. However, the Participant retains the right, at all times
- to object to the collection of personal data;
- to access, review or rectify any personal data collected in connection with the Selection by accessing its personal space on Ericsson Garage Site; and
- to delete any personal data collected in connection with the Selection by sending a request to firstname.lastname@example.org
Data relating to unsuccessful Participants will be deleted [two years] after the completion of the Selection. Data relating to the selected Participants will be retained for the whole duration of the business relationship between Ericsson and the Participant.
By submitting an Application for the Selection to participate in the Challenge, the Participant expressly authorize Ericsson, without additional compensation (unless required by law), to use, publish or communicate (regardless of the support used) the name, photos and videos of the Participant, for promotion of the Challenge.
7. Intellectual property rights
The Participant may not
- use or reproduce in any manner whatsoever Ericsson's brand, distinctive marks or logos (or those of Ericsson's affiliates); and
- file trademarks, logos and/or corporate names belonging to Ericsson and its affiliates nor file any trademarks, logos and/or corporate names that would be similar to those belonging to Ericsson and its affiliates
At all times, before, during and after the end of the Challenge, Participants undertake not to harm or take any action which may harm the image of Ericsson in any way whatsoever.
Nothing in this agreement assigns or transfers any ownership to a party's intellectual property rights, know-how or other information.
Ericsson is not responsible for any malfunction of the Ericsson Garage Site or the Challenge Platform or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed information provided by the Participant (including but not limited to the Application) due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Ericsson Garage Site or the Challenge Platform which has an adverse impact on the Participant's participation.
The Participant agrees to indemnify, defend and hold harmless Ericsson and its affiliates (including employees, interns or contractors or any other person which acts on behalf of Ericsson) against liability, claims, losses, damages, costs and expenses which result from the participation in the Challenge of the Participant or caused by, in particular but not limited to,
- the violation of any laws or regulations or the Challenge Rules;
- any incorrect or fraudulent statements of fact made by the Participant in relation to the Selection (including, but not limited to the Application); or
- submission/introduction by the Participant of any information or material in the context of the Selection/the Challenge that infringes any third party rights of any kind or defames any person or violates their rights of publicity or privacy
Each Participant selected to present their case before the jury shall have duly executed and delivered the Non-disclosure and Access Instruction Agreement (the "NDA"), which is available and can be downloaded at the Challenge Platform, to Ericsson Garage no later than 5 September 2017. The NDA in original shall be sent to Ericsson via regular mail to Strömögatan 3, 164 40 Kista, Stockholm, and a copy in PDF-format by e-mail to email@example.com.
11. Limitation of liability
Ericsson, or its affiliates, shall in no event be liable
- for any incidental, indirect, special, exemplary, punitive or consequential damages, nor for loss of use or data, or access, production, market share, lost profits, savings or revenues of any kind or any other economic loss (whether direct, indirect or consequential);
- for an act or omission in relation to the Challenge or the Selection that is attributed to an Ericsson employee or any person designated by Ericsson to assist in the Challenge or the Selection;
- in the event that Ericsson or a Sponsor decides not to select a Participant to participate in a Challenge (for whatever reason);
- in event of cancellation, termination, suspension or modification of the Challenge or the Selection, pursuant to their instructions whatsoever;
- for the disqualification of an Application or a Participant; and
- for any breach of the law by the Participant in connection with the Challenge or the Selection
12. Governing law
These Challenge Rules shall be governed by Swedish law.
13. Dispute resolution
Any dispute, controversy or claim arising out of or in connection with these Challenge Rules or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall be composed of one arbitrator. The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English.
Any Notice or correspondence in relation to a Dispute shall be addressed to: firstname.lastname@example.org