Terms & Conditions
The Discovery Award programme (the “Programme”) is run by Nesta, as a component of the Longitude Prize (the “Challenge”), working with BIRAC and other partners identified at www.longitudeprize.org/DiscoveryAwards from time to time (the “Partners”). Please read these terms and conditions for the Programme (the “Terms and Conditions”) carefully before submitting an application to the Programme. By submitting an application, you accept these terms and conditions and agree to comply with them. If you are submitting an application on behalf of an organisation or a team, you undertake to Nesta that you have the authority to bind each of them and that you will be responsible for ensuring that they comply. References to “we”, “us” and “our” in these terms and conditions are references to Nesta.
1. The Programme
1.1 The Programme terms and conditions are available at www.longitudeprize.org/DiscoveryAwards.
1.2 You can submit an application to the Programme for a Discovery Award at any time while the application round is open. Details of when the application round is open and closed are detailed in Appendix 1. We may decide to deliver repeated application rounds for the Challenge, at our complete discretion.
1.3 Applications to the Programme and all information relating to your application must be in English, must be legible and complete, and must comply with the Terms and Conditions.
1.4 Applications will be assessed against the eligibility criteria set out on the Discovery Awards website.
1.5 We reserve the right at our sole discretion to refuse or disqualify any applicant or team which does not or ceases to meet the eligibility criteria or which is otherwise in our reasonable opinion in breach of these Terms and Conditions or applicable law. Please notify us in writing if you decide to withdraw from the Programme for any reason.
1.6 If you are applying to the Programme as part of a team, you must nominate one person as team leader. The team leader is responsible for making sure that all other team members are aware of and comply with these terms and conditions. Contact details of the team leader should be notified to us in writing. Teams must notify us in writing if the principal contact changes, and provide us with up to date contact details. Participants entering the Programme as part of a team shall be jointly and severally liable for their obligations under these terms and conditions.
1.7 If you (or any of your team) are under 18, you will need to provide written confirmation of parental or legal guardian consent to participate in the Challenge.
1.8 Employees of Nesta, our Partners or other individuals formally involved in supporting or organising the Programme and/or the Challenge, members of the Longitude and/or the Discovery and Committees and Prize Advisory Panels (as relevant), and their immediate families, are not eligible to participate in the Programme.
1.9 We will use the contact details provided to contact you or the team leader (as applicable) about the Programme. All communication between us about the Programme shall be in English. If you don’t respond to any communication within 14 days, we may at our sole discretion treat you (and your team, if applicable) as having withdrawn from the Programme and, where relevant, select an alternative winner.
1.10 You will be responsible for all your costs of entering and participating in the Programme, unless otherwise stated, including without limitation all costs of producing your application, marketing, development, prototyping, manufacture, testing, licensing, searches, registration and protection of intellectual property rights, legal costs, costs of obtaining third party consents and licences, and travel and accommodation costs. You recognise that there is no guarantee that you, or any participant, will receive an award under the Programme and that participation is entirely at your own risk.
1.11 We reserve the right to vary the form or substance of the Programme (including without limitation these Terms and Conditions, the eligibility, criteria and any deadlines) as we deem appropriate in the circumstances, taking into account the aims of the Programme. We shall use reasonable endeavours to notify all registered applicants of any changes. If you are not happy with the changes, you should withdraw from the Programme; your continued participation will indicate your agreement to any changes.
1.12 We also reserve the right at our sole discretion to suspend or terminate the Programme if:
- the Challenge is suspended, terminated or won;
- funding for the Programme is reduced materially or withdrawn by our Partners or sponsors;
- we determine in our reasonable opinion that the Programme will no longer achieve its aims or is no longer relevant or useful; or
- there are changes or developments outside our control that affect the Programme (including without limitation changes to the law or in medical, technological or scientific knowledge).
1.13 No compensation will be paid to participants if the Programme is changed, suspended or terminated by us in accordance with Clauses 1.11, 1.12 or 10 of these terms and conditions.
1.14 The deadline for the first round of applications to the Programme is as set out on the Discovery Award webpage and as set out in Appendix 1, unless we and our Partners decide to extend the application deadline and we publish a new closing date (‘Application Window’).
2. Discovery Awards
2.1 Participants may submit applications to be assessed for the Programme during the Application Window. Applications will be reviewed and assessed after the closing date as set out on the Discovery Award webpage. Assessment of the applications involves shortlisting all entries. On shortlisting the individuals or teams shortlisted will either be invited (a) to Nesta offices, (b) to participate through skype or other video conferencing, (c) to participate through pre-recorded video message, or (d) or other medium as agreed between you and us, whichever is suitable to you and us to present your application to the Discovery Awards Panel.
2.2 Late applications will not be accepted and Nesta is not responsible for applications which are lost, damaged or late due to computer, network or telecommunications failure due to third party telephone or data networks.
2.3 We reserve the right to ask for additional evidence to support applications and claims and to reject claims on the grounds set out in these Terms and Conditions or the eligibility criteria set out in Appendix 3. We will determine at our sole discretion the form and extent of assessment and testing for each entry, which may differ for individual entries.
2.4 The eligibility, assessment and award under the Programme will be determined by the Discovery Awards Panel (the “Discovery Award Panel”) appointed by Nesta and following the process set out in these Terms and Conditions. Any decision by Nesta or the Discovery Panel about eligibility, assessment and award will be final and binding. Correspondence will not be entered into. The Discovery Award Panel may at its sole discretion decide not to make any awards at all where in its reasonable opinion no entry satisfies these Terms and Conditions and/or the eligibility and criteria as described in the appendices.
2.5 The Programme award must be used by the winning individual or team selected by the Discovery Panel (“the Awardees”) to carry out the activities as detailed in their application form. Awardees of the Programme may be required at our discretion to enter into a formal agreement with us or with our Partner BIRAC to ensure the award is used for its intended purpose and to achieve the aims of the Programme and progressing the ideas as set out in your application form to enter the Programme.
2.6 The eligibility criteria for being an applicant for the Programme under the ‘BIRAC Grant’ is set out in Appendix 2. All the Terms and Conditions set out herein shall also apply.
2.7 Awardees of the Programme will be obliged to return the prize monies in full within thirty (30) days if it emerges at any time after the award that they failed to comply with these Terms and Conditions.
2.9 The grant will be paid by BIRAC in Indian Rupees which must be to a bank account in India. In the case of a complaint or challenge to the Discovery Panel decision, payment may be withheld until such complaint or challenge is resolved.
2.10 All winners will be responsible for payment of all taxes, bank transfer and other levies, costs and charges associated with payment to them of any prize and shall provide promptly any information requested by us in connection with reporting or assessment required by tax or other authorities in connection with the prize.
3. Your commitments to us
3.1 To participate in the Programme, you must, and the team leader of a team must ensure that each team member shall:
(a) satisfy the eligibility criteria throughout the Programme;
(b) ensure that all information submitted as part of the Programme is true, accurate and complete to the best of your knowledge;
(c) provide promptly any additional information we reasonably request and participate in assessment, testing, challenges and presentations which are part of the Programme;
(d) obtain all authorisations, consents, licences and permissions necessary to: (i) submit and develop your solution as part of the Programme; (ii) grant the rights granted to us under these terms and conditions; and (iii) if you win an award, to carry out the activities detailed in your application form;
(e) use best endeavours not to infringe any intellectual property right, obligation of confidentiality or other third party rights or any contractual obligation in connection with participation in the Programme;
(f) not attempt to undermine the Programme, cheat, or behave in any way which is in our reasonable opinion unfair, disruptive, inappropriate or potentially dangerous, or which damages the reputation of the Programme, Nesta, Innovate UK, BIRAC or current and future Partners in the Programme and Challenge;
(g) act lawfully, ethically and in good faith, and comply with all applicable laws, regulations, guidelines and codes of practice, including without limitation the Helsinki Declaration on Ethical Principles for Medical Research Involving Human Subjects if it provides for a higher standard of protection of humans than the local regulations. You must ensure that any ethical issues are identified and brought to the attention of the relevant approval or regulatory body and that approval is granted before any work requiring approval begins; i) obtain appropriate insurance in respect of any activities undertaken as part of the Programme and provide evidence of this to us on request; and
(h) comply with our reasonable instructions while participating in the Programme, including in relation to health and safety, and security and the reasonable instructions of BIRAC.
4. Intellectual Property Rights
You will retain all intellectual property rights in the results and materials (including but not limited to any data, know-how and information), generated by you while participating in the Programme (the “Programme IPR”) and no rights in Programme IPR shall be transferred to us or our Partners, subject to the terms of the award letter on becoming an Awardee. You shall have sole responsibility at, your own cost, for filing, prosecuting, maintaining, defending and enforcing any Programme IPR.
5. Information and Publicity
5.1 We will use information which you provide, including the personal details of you, and your team members if applicable, to administer the Programme. We may share those details with our Partners and anyone helping us to administer the Programme.
5.2 You must identify and notify to us in writing any confidential or sensitive information submitted during the course of the Programme. We may share that information with our staff, Panel, Partners and anyone helping us to administer the Programme, to the extent necessary to enable them to perform their duties in relation to the Programme and subject to obligations of confidentiality, but shall otherwise use our best endeavours not to disclose that information to any third party and to adopt appropriate technical measures to prevent unauthorised access to that information.
5.3 We and our Partners and sponsors may carry out publicity and promotion for the Challenge, and publish our research and evaluation in relation to the Programme. You (and your team, where applicable) agree to participate as required in events, blogs, filming and other publicity for the Programme; and hereby consent to the use of:
(a) your names;
(b) a summary of your entry (which shall contain no confidential information); and
(c) photographs, film and/or sound recordings of your participation in the Programme,
in any such promotional material and/or publications in any media and online. All film, photos, sound recordings and other materials created by us shall belong to us and may be used, published and distributed by us without further permission from you or your team.
5.4 Any public statements made by an applicant in the Programme about the Programme, either during the Programme or within twelve (12) months following the award of the award, must acknowledge the support of Nesta and our Partners. You must seek our prior approval for any significant publicity or promotional activity connected to the Programme. Subject to this clause 6.4, you and your team (where applicable) shall not use the name, logo, trade marks or any other intellectual property of the Programme, Nesta or its Partners without prior written consent.
Any notice or other communication sent to Nesta in connection with these terms and conditions shall be in writing and sent to 58 Victoria Embankment, London, EC4Y 0DS, United Kingdom, and marked for the attention of the Company Secretary.
7. Exclusion and Limitation of Liability
7.1 To the extent permitted by applicable law, Nesta excludes all liability for any direct, indirect, incidental or consequential loss or damage, including without limitation, any costs, claims, taxes, charges or expenses, arising from your participation in the Programme, including without limitation where these arise as a result of:
(a) Nesta exercising its rights to vary, suspend or terminate the Programme;
(b) your reliance on statements or advice given by us, our Partners or contractors before, during or after the Programme; and
(c) any breach of confidentiality, except where this is caused by our negligence or default.
7.2 Without prejudice to clause 8.1, Nesta’s maximum aggregate liability to you or your team (as applicable) in connection with the Programme (if any) shall be limited to £1,000. Nothing in these terms and conditions seeks to exclude or limit Nesta’s liability for death or personal injury caused by negligence or fraudulent misrepresentation made by us.
7.3 Any electronic or physical materials submitted to Nesta as part of your application to the Programme will be at your own risk. While we will use reasonable endeavours to keep safely, maintain and return any such materials or items, we cannot guarantee this.
7.4 Nesta is not responsible to any you or your team in the Programme for the actions or statements of any other participant and is under no obligation to arbitrate disputes between participants, including in relation to confidentiality and ownership of intellectual property. Participants who are unable to resolve disputes between themselves may at Nesta’s sole discretion be removed from the Programme.
7.5 You shall indemnify and keep indemnified Nesta and our Partners against all liabilities, costs, expenses, damages and losses (including reasonable professional costs and expenses) suffered or incurred by us or our Partners arising out of or in connection with any third party claim made against Nesta or any of its Partners as a result:
(a) any breach by you or any of your team members (if applicable) of paragraphs 2 and 4 of these terms and conditions; or
(b) any actual or alleged infringement of a third party's intellectual property rights arising out of in connection with your conduct, performance or output (including your application or your proposed solution(s)) during or after the Programme; and
(c) any claim made against us by a third party for death, personal injury or damage to property arising out of or in connection with your conduct, performance or output in connection with the Programme.
8. No Partnership or Agency
Nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between you (or your team, if applicable) and Nesta, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
9. Force Majeure
Neither Nesta nor its Partners shall be in breach of these terms and conditions, nor liable for any delay in performing, or failure to perform, any of its obligations pursuant to these terms and conditions if such delay or failure results from events, circumstances or causes beyond its reasonable control.
10. Governing Law and Jurisdiction
These terms and conditions shall be governed by and interpreted in accordance with the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts. Without prejudice to the foregoing, where Nesta makes a complaints or independent review process available for disputes arising from the Programme, you agree to pursue any claims or demands which you have against Nesta first through such process and to abide by the rules of such process.
The timeline for the first application round of the Programme is as follows:
Opening Date: 5 June 2017 – application form and these Terms and Conditions available at the website www.longitudeprize.org/DiscoveryAwards, and call for applications opens
Closing Date: 1 September 2017, midnight IST – final deadline for applications on the website at www.longitudeprize.org/DiscoveryAwards
Announcement Date: Early 2018 – individuals or team selected for Discovery Awards to be announced.
Eligibility criteria for the Programme
Applicants to the Programme must be registered, as individual or team entrants, on the Longitude Prize website at www.longitudeprize.org.uk/enter;
An individual can only be associated with one application to the Programme, for example, an individual applicant may not reapply as a member of a team;
- if you, or any of your team, are under 18, you will need to provide written confirmation of parental or legal guardian consent to participate in the Programme; and
- Employees of Nesta, BIRAC, our current and future Partners or other individuals formally involved in supporting or organising the Programme, members of the Longitude Committee or Prize Advisory Panel, and their immediate families, are not eligible to participate in the Programme.
BIRAC is only able to award BIRAC Grants to applicants satisfying the following eligibility criteria:
In the case of applicants who are individuals, they shall be Indian citizens, being those who are in possession of a valid Indian Government passport (“Indian Citizens”). For the avoidance of doubt:
(A) individuals who hold Overseas Citizenship of India or Persons of Indian Origin cards shall not be considered to be Indian Citizens;
(B) individuals who voluntarily acquire citizenship of a non-Indian state shall not be considered to be Indian Citizens, in accordance with Article 9 of the Constitution of India 1949.
In the case of applicants who are corporate entities, they shall be:
(a) a company incorporated under the Indian Companies Act, 2013, provided that a minimum of 51% of the shares of such company are held by Indian Citizens holding a valid Indian passport; or
(b) a Limited Liability Partnership incorporated under the Indian Limited Liability Partnership Act, 2008, provided that at least half of the persons who subscribed their names to the limited liability partnership constitutional document as its Partners are Indian Citizens holding a valid Indian passport; or
(c) joint ventures in the form of a company or LLP satisfying the relevant criteria set out in (a) and (b) as applicable, jointly with other Indian private or public partners (for example, universities or institutes), and provided that in each case, the Applicant either (i) has a Department of Scientific and Industrial Research, India recognised in-house research and development unit (“DSIR Recognition”) or (ii) patent granted or owned that will be used in the Participant’s applicant’s project which is the subject of the application and is incubated at an Incubation Centre or Biotech Park which has a valid Department of Scientific and Industrial Research, India certificate or Scientific and Industrial Research Organization certificate. If an applicant is in the process of obtaining DSIR Recognition, fund disbursement will be conditional upon the applicant obtaining DSIR Recognition.
In the case of applicants that are academic/research entities, they shall be:
(A) public or private universities or colleges in India; or
(B) national research laboratories in India; or
(C) not-for-profit, private research labs, societies or foundations in India, provided that they have a well-established support system for basic and/or applied research with registration/recognition from an Indian statutory/Accreditation body, in each case as determined by the Discovery Awards Panel.
“Longitude Prize” is a registered trademark of Nesta, no. EU012275194. Nesta is a company limited by guarantee with number 7706036 and registered charity with charity number 1144091. Registered address: 1 Plough Place, London EC4A 1DE.
Discovery Awards Terms and Conditions, updated June 2017