The following terms and conditions (the “Terms & Conditions”) shall apply to the WWF Human-Wildlife Conflict Tech Challenge 2017 (the “Challenge”) being conducted by WWF-Netherlands (“WWF”) and Fauna & Flora International (“FFI”) (also representing its division WILDLABS (“WILDLABS”)) and scheduled to run between 3 July and 12 September 2017. WWF and FFI may be collectively referred to as the “Sponsor.” By submitting a Contest entry for consideration, the submitting individual or entity (hereinafter referred to as “you”) hereby agrees to the following Terms & Conditions.
TERMS & CONDITIONS
Article 1 – General terms
The Challenge is a request for proposals by the Sponsor for new ideas that employ technical solutions to help prevent escalation of conflicts between animals and humans and to design those solutions in such a manner so as to ensure that they can be made available to developing communities at low cost.
Article 2 - Eligibility for Participation
1. The Sponsor encourages broad participation in the Challenge. To be eligible for participation, however, you must meet the following requirements:
a. Individuals must be at least eighteen (18) years of age and the age of majority in their jurisdiction of primary residence at the time of submission. Proof of residency and age may be required.
b. WWF, and FFI/WILDLABS, and their respective affiliates, and all of their respective directors, officers, employees, agents and representatives, and immediate family members are not eligible to participate in the Challenge.
Please note that it is the obligation of any individual or entity participating in the Challenge to comply with all laws, rules and regulations of the jurisdiction of which such individual or entity is a legal resident/national or otherwise organized.
2. Sponsor has the right to disqualify or reject any Participant from participation in the event it determines, in its sole discretion that participation by such Participant is in appropriate, contradicts these Terms & Conditions, or otherwise could negatively affect Sponsor or other involved parties.
Article 3 - Challenge
1. Background information
a. Each submission shall contain a proposed technological solution (the “Solution”) to one of the two examples of human-wildlife conflict cases, including:
~ Asian elephant in North Bank Landscape, India for early detection of elephants and improved electric fence effectiveness;
~ Carnivores early detection systems for:
a. Polar bear
(for the carnivore case, a specific landscape will be chosen after the selection of the winning proposal for further testing and implementation given local circumstances).
b. Detailed descriptions of these cases will be presented at the WILDLABS website.
c. One winner will be selected for each case; one for Asian elephant and one for carnivores (either polar bear, tiger, or generic).
2. Format and Specifications:
All Solutions shall be in the formats described on the dedicated WILDLABS HWC Tech Challenge web page. Only those Solutions that comply with the format requirements and provide all information as requested on the application form will be considered for the Challenge, and Solutions submitted in any other format may be disqualified.
3. Judging Criteria:
Solutions will be judged based on how well they meet the following criteria:
- Reduce / prevent human-wildlife conflicts (interactions in which people are harmed or killed, property damaged or livelihoods lost, animals killed in retaliation or defence)
- Pose no harm to people, wildlife or domestic animals, or the environment;
- Work under the specified biological, environmental and climatological circumstances of the selected case (applicable to the elephant case in the proposal development phase itself. For the carnivore case this applies when actual development of the Solution is started for a selected field location);
- Require minimal maintenance and is (or can be) easily scaled up to be made readily available in the concerned areas of the specific case study, or even other Human- Wildlife Conflict (“HWC”) areas;
- Designed to be manufactured or otherwise produced with locally-sourced materials;
- Have potential to be turned into a viable business model for replication at low cost in regions affected by HWC;
- Has potential to be developed as a concrete case for crowd-funding;
- Expressly demonstrate recognition of data and wildlife location sensitivity with built-in mechanisms or strategies to ensure protection of data and information.
4. Compliance with Law. All Solutions submitted by Participants must comply with applicable law. PARTICIPANT IS RESPONSIBLE FOR OBTAINING ALL REQUIRED APPROVALS, CONSENTS AND AUTHORIZATIONS, IF ANY, THAT MAY BE REQUIRED TO PARTICIPATE IN THIS REQUEST FOR SOLUTIONS AND SUBMIT A SOLUTION.
5. Timeline. All Solutions must be submitted to [email protected] before 12 September 2017 (17.00 o’clock CET), after which the Challenge will be closed and no additional Solutions will be considered.
6. Selection of winning Solutions:
a. After closure of the Challenge, the Solutions will be assessed by a jury consisting of technologists, field biologists, local community members and representatives of international conservation organisations.
b. Prior to 20 October 2017, Participants may be called upon to provide further details regarding their submissions, either in the format of a telephone call or otherwise as determined by the Sponsor.
c. On 20 October 2017 the two winning Participants will be announced by WWF Netherlands.
Article 4 - Intellectual Property Rights
1. All rights, title and interest in and to the intellectual property and/or proprietary rights in or related to a Solution shall belong to and remain exclusively with the Participant of that Solution.
2. As a condition of Participation, each winning Participant grants WWF (which will include in this respect the WWF office that will do the actual testing of the Solution on the ground) and FFI/WILDLABS a royalty-free, non-exclusive, non-sublicensable, non-transferable licence to use, publish, disclose and publicly display the Solution in order to help pursue its further development in close cooperation with Participant.
3. In any event, each winning Participant indemnifies WWF from all claims of third parties resulting from and/or relating to the Solution submitted to WWF in this Challenge, including, without limitation, those claims pertaining to the intellectual property rights of others.
4. The Participants are not allowed to use the trademarks of WWF and FFI/WILDLABS unless WWF and FFI/WILDLABS have granted its prior written consent thereto.
5. Pictures and videos of the deployment of the Solution during the development and the field testing, provided by Participants to WWF, will be the property of WWF and may be used, duplicated and/or published by WWF and FFI/WILDLABS, in the broadest sense of the word, whether in whole or in part, for any and all purposes.
Article 5 - Awards
1. Both winning Participants (each, a “Winner”) will be awarded a maximum of 30,000 Euro (VAT included, and transferred in parts as periodical payments), based on the budget that was included in the submitted proposal. Receipt of the funds will be contingent on the Winner’s execution of a grant agreement with WWF specifying the funds to be provided and requiring the following:
a. Physical development of the proposed Solution with as much as possible locally available materials in HWC case location;
b. Travel to the relevant location and to field test the Solution with involvement of local experts and WWF staff;
c. Development of a business case for further upscaling of the Solution and to make it freely available on the local market in the wider landscape and preferably in other regions as well in cooperation with experts on this topic;
d. The provided grant will include any possible other costs such as VAT, man-hours, etc. These costs should be clearly articulated in the proposed budget.
e. Specifics on the dates of periodical payments, the corresponding activities and deliverables, reporting requirements and terms related to the intellectual property rights.
The grant will also require that each Winner provides:
a. Bi-annual written progress reports and budget updates;
b. A monthly written blog with short updates on project development for post-Challenge communications by WWF and FFI/WILDLABS;
c. Pictures and videos of the deployment of the Solution during the field testing;
These products are required for the period between October 20 2017 and October 20 2018 or later if field testing or upscaling is still ongoing, for the duration of one year.
2. Nothing in these Terms and Conditions shall be construed as requiring Sponsor to market or otherwise support the winning Solutions beyond the requirements of the aforementioned grant agreement.
Article 6 – Privacy
1. Sponsor will comply with all applicable privacy laws in conducting and administering the Challenge.
2. By entering into the Challenge, Participants consent to WWF sharing personal data (in case this is provided in the proposal) with third parties only insofar as this is required for the proper execution of the Challenge.
Article 7 – Sponsor Representations; No liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WWF, FFI AND ALL OTHER PARTIES WORKING WITH SPONSOR TO ADMINISTER THIS CHALLENGE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE CHALLENGE, INCLUDING WITHOUT LIMITATION ANY: WARRANTY OF MERCHANTABILITY; WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW. IN NO EVENT SHALL SPONSOR AND/OR ANY OR ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS BE LIABLE TO PARTICIPANT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
Article 8 – Release; Indemnification
By participating in the Challenge, Participant agrees:
1. To release and hold harmless Sponsor, WWF and their respective affiliates (including, without limitation, all members of the WWF Network), contractors, subcontractors, partners and any other organizations involved in the administration of the Challenge, and all of their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from and against any and all liability, losses, damages, costs, expenses, and claims of any kind (including attorneys’ fees) (“Losses”) arising out of or relating to Participant’s participation in the Challenge, including, without limitation, creation or submission of a Solution or the copying, displaying, performance, use or exploitation of a Solution by the Released Parties; and
2. To indemnify, defend, and hold harmless the Released Parties from and against any and all third party claims, actions or proceedings of any kind and from any and all Losses arising out of or relating to (i) any breach or alleged breach by Participant of any of the warranties, representations or other provisions herein or (ii) Participant’s participation in the Challenge, submission of a Solution, or acceptance, use, or misuse of granted funds.
Article 9 – Participant Representations and Warranties
By participating in the Challenge, the Participant represents and warrants to WWF and FFI/WILDLABS as follows:
1. Participant has all rights, title and interest in the Solutions;
2. The Solution is the Participant’s own original work and was created solely by Participant (or all of the members of the Participant team);
3. As of the date of submission, the Solution is not the subject of any actual or threatened litigation or claim;
4. The Solution has not been previously licensed, sold, used, published, released, distributed or otherwise exploited;
5. Submission and use of the Solution by Participant and/or Sponsor does not, and will not, violate any contract or third party rights, including any patent, copyright, trade secret, trademark, privacy, publicity, or other personal or proprietary rights of any individual or entity;
6. The Solution as submitted and implemented does not and will not violate any applicable laws; and
7. The information submitted by the Participant in connection with the Solution is accurate and complete.
Article 8 – Miscellaneous
1. Questions, comments and complaints about the Challenge or the Terms & conditions can be sent to [email protected]
2. Conflicts will be solved in an amicable manner as much as possible. Any legal conflicts will be handled in accordance with Dutch law. Any dispute that cannot be solved in an amicable manner will be presented to the competent court in Utrecht.
3. Sponsor reserves the right to cancel, suspend, or modify the Challenge, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Challenge, as determined by Sponsor in its sole discretion. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. If, for any reason, any Solution or other information is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is the opportunity to submit another Solution.
4. Sponsor has the right to end, interrupt, or change the Challenge without prior notifications and to amend the Terms & Conditions and awards at any time. Such actions by Sponsor shall not entitle Participants to any financial compensation. Sponsor encourages Participants to consult the latest version of the Terms & Conditions on a regular basis.
Stichting Wereld Natuur Fonds-Nederland, Driebergseweg 10, 3708 JB Zeist, The Netherlands
Flora & Fauna International, The David Attenborough Building, Pembroke St, Cambridge CB2 3QZ, United Kingdom
Zeist, The Netherlands, 3 July 2017