EDINBURGH NAPIER UNIVERSITY’S “OPEN MINDS CHALLENGE” TERMS & CONDITIONS
IMPORTANT
These are the Terms and Conditions (“Conditions”) that apply to the “Open Minds Challenge” (the “Competition”). The Competition is being run by Edinburgh Napier University, a charity registered in Scotland (Registration Number SC018373) of Craiglockhart Campus, 219 Colinton Road, Edinburgh EH14 1DJ, United Kingdom (“Edinburgh Napier University on the website under the domain name http://openminds.napier.ac.uk (“Website”).
Please note that by using the Website and if you enter the Competition, you agree to be bound by the Conditions. If you do not agree to be bound the Conditions, do not use or access the Website and do not enter the Competition. You must read and accept all of the Conditions together with our Privacy Policy before you may use or access the Website in any way, or enter the Challenge.
Summary
The Competition invites people come up with an idea to improve graduate employment opportunities.
The winner of the Competition, as chosen by our judges, will receive £3,000 toward their postgraduate course fees at Edinburgh Napier University. The winner of the Popular Vote, as voted by the public, will win a Kindle e-reader and £100 of Amazon vouchers.
Prizes will be awarded to the entrants that devise original ideas that will successfully enhance the quality of life for students at Edinburgh Napier University. Any resident of Scotland, England, Wales and Northern Ireland is eligible to enter the Competition.
By using the Website and entering the Competition you warrant that you are aged 18 or over or, if you are under 18, that your parents have consented to your entry into the Competition in accordance with the Conditions. From time to time, it may be necessary to amend the Conditions and you agree to be bound by the amended terms and conditions after the implementation date for the amended terms and conditions. Information regarding any amendments will be posted on the Website and such posting shall contain the implementation date for the amendments.
1. Definitions
In the Conditions the following words shall have the following meanings:-
“Competition” means the “Open Minds Challenge” which is described in further detail in the Conditions.
“Competition Rules” means Conditions 15 to 21 inclusive hereunder.
“Conditions” means these terms and conditions. “Entrant” means someone who enters the Competition.
“Edinburgh Napier University” means Edinburgh Napier University, a charity registered in Scotland (Registration Number SC018373) of Craiglockhart Campus, 219 Colinton Road, Edinburgh, EH14 1DJ.
“Force Majeure Event” means any event outwith the reasonable control of Edinburgh Napier University, including but not limited to: act of god, explosion, flood, tempest, fire or accident, extreme weather, war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority, strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a third party).
“Idea Submission Process” means the process of submitting an idea to Edinburgh Napier University via the Website.
“Prizes” means the benefits awarded via the Edinburgh Napier University judging process more fully described in section 18 below, and which shall be published on 2nd July 2012.
“Information” means any and all material contained in the Website.
“Intellectual Property” means any patent, invention, copyright, database right, registered or unregistered design, trademark (whether registered or unregistered), trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon.
“the User” and “you” means you, the user of the Website.
“the Website” means the website of Edinburgh Napier University operating under URL http://openminds.napier.ac.uk
2. Basis of Use of the Website
You agree to the following:-
2.1 that you understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;
2.2 that you will only view the Information for your own private purpose and will not publish, reproduce, store or retransmit any of the Information contained in the Website at any time, except that you may share information about the Website on Facebook, Twitter, social media platforms, blog about it, write in a newspaper article and quote the ideas from it;
2.3 that you shall not use the Information for any unlawful purpose or in any unlawful manner;
2.4 that you shall not use the Website or the Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);
2.5 that you shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, experimental, educational or any other use;
2.6 that all intellectual property rights (including without limitation copyright, trade marks and all other rights) whatsoever in the Information and the Website shall remain vested in Edinburgh Napier University at all times;
2.7 that you acknowledge that Edinburgh Napier University has no obligation to provide the Website or any Information or to ensure that you are able to use, provide and/or access the Information, and the Website;
2.8 that you will indemnify and keep indemnified Edinburgh Napier University against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under the Conditions.
2.9 that you are solely responsible for interactions with other Users of the Website and that you are solely responsible for all content that you publish or post to the Website or transmit to other Users of this Website. In addition, you agree that you will not:-
2.9.1 say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others;
2.9.2 advertise or promote third party or your own products or services including by way of the distribution of ‘spam’ mail;
2.9.3 use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate;
2.9.4 make insulting remarks to or about other Users (“flaming”);
2.9.5 jump in and out of Website forum rooms (“frogging”);
2.9.6 distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors;
2.9.7 impersonate another person or User;
2.9.8 transfer files that contain viruses, trojans or other harmful programs;
2.9.9 use the Website to conduct any fraudulent activity including any “pyramid scheme”; “ponzi scheme” or “chain letter”;
2.9.10 access or attempt to access the accounts of other Users or to penetrate or attempt to penetrate the Website security measures;
2.9.11 include in public content on this Website any telephone numbers, street addresses, email addresses and;
2.9.12 include the address of an internet website in any content which comprises the idea submission by Users (however Users may include a URL as part of their profile details in the data collected by the Challenge Post part of the platform).
2.9.13 point your personal homepage link to a website to which you do not have full file transfer access.
3. Data Protection
Edinburgh Napier University considers the protection of your personal information to be very important. For further information please read our Privacy Policy - http://www.napier.ac.uk/aboutus/Pages/PrivacyPolicy.aspx.
4. Proprietary Rights
All Intellectual Property in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned by, licensed or authorised to Edinburgh Napier University, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by Edinburgh Napier University or its licensors or its content or technology providers except where otherwise specified. Nothing in the Conditions transfers to you any rights of ownership of such Intellectual Property, or constitutes a license to use such Intellectual Property other than to the extent expressly set out in the Conditions.
Without Edinburgh Napier University’s prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on the Website or the underlying software code whether in whole or in part. However, the contents of the Website may be downloaded, printed or copied for your personal non-commercial use.
5. Disclaimer
5.1 To the fullest extent permitted at law, the Website and its contents is provided on an “as is” basis and makes no (and expressly disclaims all) representations or warranties of any kind, with respect to the Website or its contents or their suitability, reliability or usefulness for any purpose.
5.2 In addition, Edinburgh Napier University does not represent or warrant that the information accessible via the Website is accurate, complete or current.
5.3 While every effort is made to ensure accurate and complete information, Edinburgh Napier University, nor its directors, employees or representatives will be liable for damages arising out of or in connection with the use of the Website or the information, content, materials or products included on the Website. This is a comprehensive limitation of liability that applies to all damages of any kind.
6. Changes
Edinburgh Napier University reserves the right at any time without notice to revise the contents of this Website including these Conditions. Any changes to these Conditions will be posted on this Website and by continuing to use theis Website following any such change you will be agreeing to be bound by the revised Conditions.
7. Acceptable Use
7.1 You may only use the Website in accordance with the Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing the Website.
7.2 You acknowledge that Edinburgh Napier University may be required by law or regulation to access, monitor, store or copy material sent by or to Users without further notice to You.
8. Links to Other Websites
8.1 The Website may include links to other Internet sites. Edinburgh Napier University does not endorse any such websites and We are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk.
8.2 Edinburgh Napier University encourage sharing and encourage Users to blog, write about and link to the Website however We reserve the right to block this at any time without giving a reason.
8.3 Edinburgh Napier University expressly reserves the right to withdraw Our consent at any time to a link which in Our sole opinion is inappropriate or controversial.
9. Limitation of Liability
In no event will Edinburgh Napier University be liable for any direct, indirect, special, or consequential losses or damages of whatsoever kind arising out of access to, or the use of the Website or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, delict (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
10. Disclaimer of Warranty
To the maximum extent permitted by law, Edinburgh Napier University disclaim all implied warranties with regard to the information, services and materials contained on the Website. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.
11. Force Majeure
Neither party shall be liable for any breach of these Conditions caused by a Force Majeure event.
12. Assignation
Edinburgh Napier University shall be entitled to subcontract, assign or transfer its obligations or rights to a competent third party or to any associated company whether in whole or in part. The User may not assign or transfer any of his rights or obligations without our written consent.
13. Miscellaneous
The Conditions contain all the terms of your agreement with Edinburgh Napier University relating to your use of the Website. No other written or oral statement (including statements in any brochure or promotional literature published by Edinburgh Napier University) will be incorporated. Your use of the Website, any downloaded material from it and the operation of the Conditions shall be governed by, construed and interpreted in accordance with the law of Scotland and you agree to submit to the non-exclusive jurisdiction of the Scottish courts.
COMPETITION RULES
14. Competition Organiser
The Competition is organised by Edinburgh Napier University.
15. Events outwith our control
Edinburgh Napier University reserves the right to cancel or amend the Competition or the Competition Rules without notice in the event of a Force Majeure Event. Any changes will be posted within these Conditions on the Website. A copy of the Competition Rules may also be obtained by sending a stamped addressed envelope to: Competition Rules, Edinburgh Napier University, Marketing, International, Development and External Affairs, Edinburgh Napier University, Room 5.B.28, Sighthill Campus, Edinburgh, EH11 4BN.
16. Disputes
In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Competition, the decision of Edinburgh Napier University shall be final and no correspondence or discussion shall be entered into.
17. Entering the Competition
17.1 Ideas must be submitted electronically via the Website. To do so, you will be required to follow the online submission process. When submitting an idea you will be required to register with us and complete certain required fields on a form. This may include the provision of security information such as your identification details and password(s). You agree that you will be responsible for ensuring that such security information is kept secure and confidential at all times. You must inform us immediately if you become aware of or suspect any unauthorised use of these security details or if they become available to an unauthorised party.
17.2. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. Edinburgh Napier University reserves the right to verify the eligibility of all entrants.
17.3 The address you provide will be used to send any prizes so please make sure this is correct.
17.4 Edinburgh Napier University reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Competition Rules.
17.5 Edinburgh Napier University accepts no responsibility for entries lost, delayed or corrupted, or due to computer error in transit.
18. Prizes
18.1 Prize winners will be notified in the manner and within the time specified on the Website (and may be contacted by Edinburgh Napier University or Edinburgh Napier University’s nominated supplier(s)). Competition winner(s)’ names will be published on the Website.
18.2. Prizes are non-transferable and there is no cash alternative. Edinburgh Napier University reserves the right to substitute prizes of equal or greater value at any time.
18.3. All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.
18.4. In the case of the Popular Vote prize, the submission with the most votes will be deemed the winner.
18.5 The main prize of £3000 is to cover some or all of the fees for part-time or full-time postgraduate degree courses, starting in October 2012 or January 2013 at Edinburgh Napier University. It cannot be put towards a shorter CPD course, nor can it be used in future years. This prize does not include living expenses, books or any other costs towards studying at the university.
18.6 The prize winner must have the designated entry requirements in order to do the postgraduate course and study in the UK and thus be able to claim the prize. Winning the prize does not mean that the winner will get automatic entry to the course of their choice.
18.7 The prize winner(s) agree(s) to the use of their name, photograph and disclosure of county of residence and will co-operate with any other reasonable requests by Edinburgh Napier University relating to any post-winning publicity.
18.8 Reasonable efforts will be made to contact the prize winner(s). If the winner(s) cannot be contacted, or are unable to comply with the Conditions, Edinburgh Napier University reserves the right to offer the Popular Vote prize to the next eligible entrant drawn at random, or in the case of the judged prize Edinburgh Napier University reserves the right to offer the prize to the runner-up selected by the same judges.
18.9 The opening date for idea submissions is 6th March 2012 and the closing date is June 1st 2012. No submissions will be accepted after the closing date.
18.10 The popular vote prize winner will receive an Amazon Kindle plus £100 of Amazon Vouchers. This prize will be awarded to the idea with the most public votes.
18.11 Winners of both the popular vote and the main prize will be notified by email on 2nd July 2012. If prizes are not accepted before July 20th 2012, then the submission with the next highest amount of public votes will be awarded the prize.
19. Intellectual Property Rights
19.1 Edinburgh Napier University intends to select a number of submissions – not necessarily winning entries – as the basis for further work, for example by implementing the idea, designing an application based on the idea or otherwise exploiting it. There will be no further reward – other than the satisfaction of having your idea used by Edinburgh Napier University – to you (other than any prize awarded to winning Entrants) for the use of your idea.
19.2 Therefore, by submitting your entry, you grant Edinburgh Napier University an exclusive, world-wide, perpetual, irrevocable, royalty-free, licence, to any Intellectual Property in your submission. This licence is not limited to any form of activity and carries with it the right to assign the licence to any other person or sub-license.
19.3 Furthermore, as a condition of receiving prizes, winners must agree to assign their ownership of any Intellectual Property in their submission to Edinburgh Napier University. The winning Entrant will be asked to sign and return an Intellectual Property Assignation Form to: Marketing, International, Development and External Affairs, Edinburgh Napier University, Room 5.B.28, Sighthill Campus, Edinburgh, EH11 4BN, prior to receipt of the prize. No prize will be payable or made available until the completed form is received by Edinburgh Napier University.
19.4 Your submission must be your own work and must not contain any third party Intellectual Property unless you are able to provide the necessary licence (as described in clause 19.2 above) to enable Edinburgh Napier University to exploit your submission.
19.5 If Edinburgh Napier University reasonably believes that a submission in any material is not your own, or is subject to third party Intellectual Property for which you are unable to supply a licence in the form required under clause 19.2 above, the submission will be disqualified.
20. Eligibility
20.1 Employees (or members of the families or households of employees) of Edinburgh Napier University are not eligible to enter the Competition. Edinburgh Napier University reserves the right not to award a prize if we are aware or have reasonable grounds to believe that a winner is not eligible.
20.2 By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete.
21. Personal Information
Personal details collected as part of the Competition will be handled in accordance with the Data Protection Act 1998. Edinburgh Napier University will only ever use personal details for the purposes of administering the Competition and in accordance with the Conditions and only ever hold personal details for as long as is required to administer the Competition and no longer. Please see our Privacy Policy.
22. Law and Jurisdiction
This agreement will be governed by the law of Scotland and the parties hereby submit to the non-exclusive jurisdiction of the Scottish Courts.