The Mills Fabrica Pitch Day 2016 Official Rules and Terms and Conditions

The Mills Fabrica Pitch Day 2016
Official Rules and Terms and Conditions

1.    Eligibility

1.1 The Mills Fabrica Pitch Day 2016 (the “Pitch Day”) is opened to all entrants aged 18 or over at the time of entering into the Pitch Day who meet either one of the following criteria (the “Entrants”):

(a)    The Entrants have a registered business that focuses on techstyle-related services and products (the “Business”); or
(b)    The Entrants have a demonstrable business concept that focuses on techstyle-related services and products (the “Concept”).

2.    Entry Period of the Pitch Day

2.1 The Pitch Day application begins at 08:00am on 18 July 2016 and ends at 23:59 pm on 8 September 2016 (the “Entry Period”).

3.    How to Enter

3.1 Interested parties are invited to submit their entry through the online submission form on the Mills Fabrica website at the following webpage: www.themillsfabrica.com/pitch-day (the “Entry/Entries”) within the Entry Period. Each Entry should be submitted in the following way:
(a)    A short description of the Business or the Concept of up to 300 words; and
(b)    A video file and/ or visuals and / or presentation deck of the Business or the Concept.
3.2 Each Entrant should only submit one Entry within the Entry Period. 
3.3 The Entrant’s name filled in the online submission form shall be the name used and shown in the Entrant’s identification documents.

4.    Submission Restrictions

4.1 Several submissions of Entries by the same Entrant using different email addresses and/or mobile numbers will not be accepted.  Entries revealed to be submitted in this way may all be disqualified.

4.2 The Entries must be the original product(s) and creation of the Entrants which must not contain materials, images, marks, designs and artwork etc that are not created by the Entrants.

4.3 The Entries must NOT contain materials, images, marks, designs, artwork and information etc that violate any laws and regulations and/or infringe others’ rights, such as intellectual property rights.

4.4 The Entries must NOT contain materials that (1) are inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libellous, sexually explicit or suggestive, unlawful, and/or those that (2) depict illegal drug use, alcohol abuse, terrorism, weapons, violence or nudity, and/or those that (3) promotes bigotry, racism, hatred, harm against any groups or individuals, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.

4.5 Entries that pertain to any of the above may be disqualified.

5. Shortlisting of Entries

5.1 Between 18 July 2016 and 8 September 2016, a Selection Committee of representatives of The Mills Fabrica (defined in clause 6.1 below) (“Selection Committee”) will review all Entries received during the Entry Period, and shortlist Entries as semi-finalists for the 2nd stage of the competition (the “Semi-Finalists”). The Mills reserves the rights and has absolute discretion to decide the number of Semi-Finalists to be shortlisted.

5.2 The decision of The Selection Committee as to the list of Semi-Finalists shall be final and binding on all Entrants.

5.3 On 30 September 2016, The Selection Committee will invite the semi-finalists to present their Business or Concept and will shortlist Entries as finalists (the “Finalists”) for the 3rd stage of the competition (the “Pitch Day”). The Mills reserves the rights and has absolute discretion to decide the number of Finalists to be shortlisted.

5.4 The decision of The Selection Committee as to the list of Finalists shall be final and binding on all Entrants.

5.5 The Finalists who are shortlisted will be notified and required to attend a training day between 3 and 20 October 2016 (“the Pitch Training Day”) and will be invited to present their Business or Concept to the public and guests of the Mills Fabrica Pitch Day on the actual event day on or around 26 October 2016 (the “Pitch Day”).

6.  The Judging Criteria

6.1 The Entries will be judged by designated representatives of The Mills Fabrica:
(a) “The Selection Committee” for the first and second stages of the competition; and
(b) “The Judges” for the third stage of the competition

6.2 The Entries will be judged based on the following criteria (the “Judging Criteria”):
(a)    Innovative, Original, Creative Idea: 
Because the Pitch Day focuses on drawing out new business ideas, the core idea itself is of elevated importance. In this category, a completely new idea with compelling potential, quality and uniqueness will do well, even if the proposed details of its execution seem doubtful.

(b)    Proof of a Market: 
The best products or services fail if nobody wants to buy them. Therefore, each Entry should identify its targeted group of people, customers and stockists (the “Targeted Market”) with a unique need that the Business or the Concept could address and offer to meet.

(c)    Demonstration of Competitive Advantage: 
Once the Targeted Market is identified, if it is truly viable, it will probably already have other potential business competitors competing directly or indirectly for it (the “Competitors”). Each Entry should acknowledge and identify these Competitors and explain what would set its own Business or Concept apart. If there are no Competitors for the Targeted Market, the Entry should explain why the Targeted Market is empty and suggest how it is possible to establish and enter it.

(d)    Social Value: 
The sustainability and the potential positive and beneficial impact of the Business or the Concept to the society will be considered.

(e)    Response to Questions: 
There will be a five-minute question-answer session for the Finalists’ Entries on the Pitch Event Day (the “Question-Answer Session”). The Finalists’ ability to respond to the Judges’ questions will be considered here, as will the soundness of the idea of the Entries.

7.    Winner Selection
7.1 On the Pitch Day, The Judges will select one (1) winner from the Finalists based on the Judging Criteria set out above (the “Winner”). 
7.2 All decisions made by the Judges including but not limited to the selection of the Winner are final and binding on all Entrants.

8. Prizes

8.1 The Winner will receive the following prizes (including a cash prize with business development supports) that equal to a total value of about HK$400,000.00:
(a) HK$100,000 cash prize; and
(b) A chance to join the 12-month pilot incubation program of the Mills Fabrica Incubator including mentorship by the Mills Fabrica team and strategic partners and services worth over HK$ 300,000; and
(c) Access to the Mills Fabrica community; and
(d) Media exposure and opportunities; and
(e) Exclusive feature in trendsetting media.

8.2  Each Finalist (excluding the Winner) will receive HK$10,000 cash prize.

9. Intellectual Property Rights and Ownership

9.1  The Entrants will retain ownership of their Entries, including all intellectual property rights which are lawfully created and may exist in the Entries.

9.2  By submitting the Entries, the Entrants grant The Mills an unconditional and perpetual right, license and consent to reproduce, encode, store, keep, copy, transmit, publish, post, broadcast, display and exhibit the Entries in any media channels throughout the world, without limitation, and without additional review, compensation, or approval from the Entrants or any other party. 

9.3  The Entrants understand that the Entries are not of confidential or proprietary nature.  The Entrants shall not preclude any parties sponsoring, judging or otherwise participating in the Pitch Day from independently developing their own Concept or Business similar to those covered in any of the Entries.

9.4    By participating in the Pitch Day, the Entrants agree to make available on request the sources of materials used by the Entrants for their Entries.

9.5    The Entrants hereby represents and warrants to The Mills that for the purpose of and in the course of producing and submitting the Entries for the Pitch Day, to the best of their knowledge, they have not incorporated and will not incorporate any third parties’ materials, designs and marks etc in creating the Entries, and such Entries have not infringed any third parties’ intellectual property rights.  In the event that there is such incorporation of any third parties’ materials, designs and marks etc in the Entries, the Entrants shall obtain the relevant licences and approval. The Mills does not accept any responsibilities and liabilities for the Entrants’ infringement of any intellectual property rights and their use and publication of any unlawfully produced and/or reproduced images, marks, designs, videos, artwork etc in the Entries submitted by the Entrants.

10. Publicity and Personal Data

10.1 Participation in the Pitch Day means that the Entrants consent to supply to The Mills and its respective authorised agents, and give permission to the same to collect the Entrants’ personal data such as their names, age, sex, occupation, contact details, country of origin, likeness, photographs, interests, designs portfolio, and details of the Entries etc in connection with various matters of the Pitch Day such as the Entrants’ entering into the Pitch Day, the identification of the Entries against the Entrants, the carrying out of the Pitch Day and the marketing, advertising and promotional purposes of the Pitch Day in any media channels worldwide.

10.2 Such data is necessary for and directly related to the operation and the carrying out of the Pitch Day.  Failure to supply such data may result in The Mills being unable to identify eligible Entrants, process the Entrants’ Entries and market, advertise and promote the Pitch Day together with the Entrants’ Entries.

10.3 Such data are collected from (i) the Entrants by completing the online submission form, and through other oral interviews and the Question-Answer Session, (ii) other documents or materials provided by Entrants to The Mills. 

10.4 All personal data supplied by the Entrants and collected by the Mills will only be used for purposes which are directly and indirectly related to the carrying out of the Pitch Day.  They are as follows:

(a)    verifying the Entrants’ identities;
(b)    verifying the eligibility of the Entrants;
(c)    identifying the Entries submitted against the Entrants;
(d)    introducing the Entrants, or the Finalists and the Winner of the Pitch Day;
(e)    marketing, advertising and promoting the Pitch Day together with the Entrants, or the Finalists and the Winner, through journalists of any media channels worldwide;  
(f)    marketing, advertising and promoting the Entries of the Entrants, or the Finalists and the Winner of the Pitch Day through journalists of any media channels worldwide.

10.4 All personal data kept by The Mills may be transferred to parties who will be involved in the operation of the Pitch Day, and to its subsidiaries, group companies, such persons, agencies, partners, and journalists of any media channels who are authorized to receive such information relating to the operation and carrying out of the Pitch Day.  Such information may be transferred to a place outside Hong Kong. 

10.5 For the avoidance of doubt, The Mills will not need to make any payment to the Entrants for these purposes.  

10.6 The Mills has the right to charge a reasonable fee for the processing of any data access request in accordance with the terms of Personal Data (Privacy) Ordinance (Cap 486).

10.7 The Entrant has the right:

(a)    to check whether The Mills holds data about him and of access to such data;
(b)    to require The Mills to correct any data relating to him which is inaccurate;
(c)    to be informed of the kind of personal data held by The Mills;
(d)    to ascertain The Mills’ policies and practices in relation to the data.

The Entrant to whom requests for access to data or correction of data or for information regarding policies and practices and kinds of data held are to be addressed is as follows:

Ms Carine Pin
The Mills Fabrica
Email address: carine.pin@themills.com.hk

10.8 Participation in the Pitch Day means that the Entrants are aware of and agree to the potential publicity carried with them arising from or in connection with the Pitch Day.

11. Notice to the Entrants in relation to the Use of Personal Data for Direct Marketing

The Mills intends to use a data subjects’ data (i.e. Entrants’ data) in direct marketing and The Mills requires the data subjects’ consent (which includes an indication of no objection) for that purpose.  In this connection, please note that:

(a)    the name, contact details, email address, mobile number of a data subject held by The Mills from time to time may be used by The Mills in direct marketing;
(b)    the following classes of services, products and subjects may be marketed:
(i)    leasing, tenancy, roadshows and related information of The Mills;
(ii)    events organized by and/or held at The Mills; and
(iii)    incubation programs, seminars and education programs organized by and/or held at The Mills.

If a data subject does not wish The Mills to use his data in direct marketing described above, the Entrant may exercise his opt-out right by notifying The Mills.

Any data subject (i.e. the Entrant) has the right:

(e)    to check whether The Mills holds data about him and of access to such data;
(f)    to require The Mills to correct any data relating to him which is inaccurate;
(g)    to be informed of the kind of personal data held by The Mills;
(h)    to ascertain The Mills’ policies and practices in relation to the data.

The Mills has the right to charge a reasonable fee for the processing of any data access request in accordance with the terms of Personal Data (Privacy) Ordinance (Cap 486).

The person to whom requests for access to data or correction of data or for information regarding policies and practices and kinds of data held are to be addressed is as follows:

12. Other General Terms and Conditions

12.1 The Mills reserves the right to cancel, suspend and/or modify the Pitch Day, or any part of it, for any reason, and will not be liable for any loss suffered by the Entrants arising directly, or indirectly as a result of the cancellation, suspension and modification. 

12.2 If the Pitch Day is cancelled, suspended or put on hold for any reasons, The Mills, in its sole discretion, may elect to hold another similar competition for all eligible Entries received before the date of discontinuance of the Pitch Day, either with the same rules and terms and conditions identical to this Official Rules and Terms and Conditions (“Official Rules”) or with different rules and terms and conditions to be imposed, subject to the sole discretion of The Mills.

12.3 The Mills reserves the right to modify, amend and change the Official Rules which includes but not limited to the competition details, rescheduling, suspending or cancellation of the Pitch Day, the competition rules, the entry requirements, the Judging Criteria and/or other terms and conditions of the Pitch Day as it sees fit at any time, and will not be liable for any loss suffered by the Entrants arising directly, or indirectly as a result of these modifications, amendments and changes.

12.4 The Mills reserves the right, in its sole discretion, to verify the Entrants’ eligibility to enter into the Pitch Day and to, at any time, disqualify any Entrants it finds to be tampering with the entry process or the operation of the Pitch Day and/or to be acting in violation of these Official Rules and/or in an unsportsmanlike or disruptive manner.

12.5 Any attempt by any Entrants to deliberately undermine the legitimate operation of the Pitch Day may be a violation of criminal and civil law, and, should such an attempt be made, The Mills reserves the right to seek damages from any such Entrants to the fullest extent permitted by law. The Mills’ failure to enforce any terms of these Official Rules and/or its rights shall not constitute a waiver of that provision and/or its rights.

12.6 By participating in the Pitch Day, the Entrants agree to release and hold harmless The Mills, The Selection Committee, the Judges, other participating companies in the Pitch Day, suppliers, distributors, advertising/promotion agencies, sponsors and other prize suppliers, and each of their respective parent, subsidiaries and affiliate companies and their respective officers, directors, employees, agents and insurers (collectively, the “Released Parties”) from and against any claims or causes of action, including, but not limited to misappropriation of third parties’ intellectual property and/or infringement of those rights, breach of confidentiality, or damage to or loss of property, arising out of or related to the Entrants’ participation in the Pitch Day.

12.7 The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by the Entrants, printing errors or mistakes associated with or utilized in the Pitch Day; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, failures or disconnections in phone lines or network hardware, software or webpages; (3) unauthorized human intervention in any part of the entry process or the competition; (4) technical or human error which may occur in the administration of the Pitch Day or the processing of the Entries; (5) late, lost, undeliverable, damaged or stolen mails; or (6) any damage to persons or property which may be caused, directly or indirectly, in whole or in part, by the Entrants’ participation in the Pitch Day or the receipt or use or misuse of any prizes awarded. 

12.8 If for any reason an Entrant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the Entrant’s sole remedy is another entry in the Pitch Day, provided that the Entry Period has not ended. 

12.9 The Mills accepts no liability for any loss of any kinds suffered by the Entrants arising directly, or indirectly, out of and/or related to the Entries and/or the Entrants’ participation in the Pitch Day. 

12.10 All decisions made by the Mills including but not limited to the administration and operation of the Pitch Day are final and binding on all Entrants.