Terms and Conditions
SMART-Seq® Pro Biomarker Discovery Contest
Takara Bio USA, Inc., 2560 Orchard Pkwy, San Jose, CA 95131, USA
Participation in the Takara Bio USA, Inc. (“TBUSA”) 2022 SMART-Seq Pro Biomarker Discovery Contest (“Contest”) is open to persons meeting these eligibility requirements. Eligible entrants must be professionally engaged in laboratory-based scientific research and have attained at least the age of majority in their jurisdiction of residence (entrants must, in any event, be at least 18 years of age). Eligible entrants must be residents of the contiguous United States of America, Hawaii, Alaska, US territories and commonwealths. Employees, officers, directors, agents, representatives, and independent contractors of the TBUSA, its subsidiaries, or affiliated companies, together with their immediate family members and members of the same households (whether related or not) are not eligible to participate. Also ineligible are (1) residents outside of the contiguous United States of America, Hawaii, Alaska, US territories and commonwealths; (2) residents of Cuba, Iran, North Korea, Sudan, Syria or any country subject to U.S. embargo; (3) any persons (including businesses, research institutions, government and private organizations, individuals, and other types of legal persons) on the U.S. government’s Denied Persons List, Specially Designated Nationals list, Entity List, Unverified List or any other similar list maintained by the U.S. government or any other government to whose laws the TBUSA, its subsidiaries or affiliated companies, the Contest or such person is subject, and all individuals employed thereby or otherwise associated therewith; (4) any person who is a healthcare professionals (the term “healthcare professionals” includes individuals (clinical or non-clinical physicians, physician assistants, nurses, technicians, research coordinators, administrators and purchasing personnel, etc.) and entities (including hospitals, rehabilitation centers, nursing facilities, home health agencies, clinics and group purchasing organizations, managed care organizations, physician group practices, medical directors for health insurance organizations, etc.) and their employees and representatives who are involved in the actual provision of health care services; and (5) any persons for whom it would be illegal to participate in or win the Contest, or with or to whom it would be illegal for the TBUSAs to interact or award the prize as contemplated herein. No purchase is necessary. The purchase or use of TBUSA’s services or products will not improve the entrant’s chances of winning. The Contest is subject to all applicable laws and regulations, and is void where prohibited or where registration, bonding or language translation is required. TBUSA reserves the right to disqualify any individual from the Contest on the grounds of violation of the eligibility requirements at any point during the Contest.
HOW TO ENTER
The Contest begins on November 14, 2022 at 12:01 a.m. (ET) and ends on March 31, 2023 on 11:59 p.m. (PST); entries must be submitted during that period to be eligible. The Contest is open to participants who have not been the winner for another TBUSA contest or program in the past year. To enter, participants must submit a short abstract application digitally at takarabio.com/smart-seq-pro-contest. Participation in the Contest is only possible digitally. The application must include: (1) the participant’s full name, company email address, telephone number, social media account number (if any) and any other contact information required by the TBUSA; (2) the name of the participant’s institution or company; (3) a descriptive title for the proposed project; and (4) an abstract proposal (written in 500 words or less) demonstrating how the SMART-Seq Pro Application Kit will help fuel discovery in your field of research. Applications become the property of the TBUSA. The TBUSA make no guarantee or warranty within respect to the security or confidentiality of applicants or the application process. By entering, the participant gives permission to the TBUSA to contact the participant regarding the TBUSA’s products and services, whether or not the participant is chosen as the winner. Each participant shall be entitled to make one (1) entry into the Contest only. If the TBUSA deems a participant to have made multiple applications to enter or to have acted in bad faith with respect to the Contest, the participant shall be excluded from the Contest and consequently ineligible to win the prize, as defined below.
SELECTION OF WINNERS AND NOTIFICATIONS
One (1) winner will be selected from all qualified applications by a 3–5 person panel of the TBUSA’s experts, including scientists, application specialists or product managers. The TBUSA’s experts will choose the application that, in the sole discretion of the TBUSA, is technically feasible, demonstrates innovation and has the potential to make the most scientific impact. The same panel will decide up to twenty-five (25) runners up, who will each receive a runner up prize The decision of this panel will be final and binding and shall not be subject to review or appeal by any participant or by any third party. The selected winner will be attempted to be notified by email within approximately five (5) business days after selection. If the selected winner has not responded to email inquiries within three (3) days, the TBUSA will attempt to contact the winner by telephone. If the winner cannot be reached by telephone within forty-eight (48) hours of first telephone attempt to notify such winner, the prize may be forfeited and an alternate winner may be selected, based on the criteria set forth above, at the TBUSA’s discretion. The odds of winning depend on the number of eligible entries received. Additionally, the winners will be announced via social media within twenty-one (21) days after the end of the Contest. Organizer will tag the winner on social media if he or she has a social media account (see details in ‘USE OF WINNER’S NAME AND INFORMATION’ section below). Runners up will be selected and notified in the same manner as the winner.
PRIZE DESCRIPTION AND CONSUMER DISCLOSURE
For the winner, TBUSA will carry out the prize by using one (1) SMART-Seq Pro Application Kit - 2 Chip to generate NGS libraries from cells provided by the winner. Additionally, an approximate total data of 300,000 paired-end reads per single cell will be generated and basic bioinformatics support will be provided to the winner using the TBUSA’s Cogent™ NGS software. Additional bioinformatics support must be performed by the winner if required. Such prize is subject to the restrictions below. Runners up will each receive a prize of “That’s Good Science” Gift Box (approximate value $65).
In order to carry out the prize, the winner must provide the TBUSA cells in frozen vials with adequate quality and quantity to run a successful service with SMART-Seq Pro Kit. Such cells must be unencumbered for TBUSA use and winner must obtain all permissions to transfer such cells to TBUSA before providing such cells to TBUSA. (Further instructions regarding such cells will be provided after the winner is declared.) Cells must be provided to the TBUSA before April 30, 2023 unless otherwise agreed by the TBUSA. The maximum amount of sequencing carried out by the TBUSA for the prize will be 800 million paired-end reads. The prize may not be transferred or assigned; no substitutions or cash equivalents are allowed. No refunds or credits are allowed. All prizes cannot be converted to cash. The winner may be required to execute and return an affidavit of eligibility/release of liability/publicity release (where legal) within seven (7) days of first notification attempt. If the winner fails to return the affidavit/release by the deadline, the prize will be forfeited and an alternate winner may be selected, based on the criteria set forth above, at the TBUSA’s discretion. The participant understands and agrees that no ideas, information or materials that are submitted to or otherwise provided to the TBUSA in connection with the Contest will be returned, and that the TBUSA make no guarantee or warranty with respect to the security or confidentiality thereof. All taxes on the prize and reporting thereof, and any other costs, fees and expenses relating to the prize of the Contest, are the sole responsibility of the winner and/or the winner’s institution or company. By submitting an application or accepting the prize, the participant agrees on behalf of the participant and the participant’s institution or company: (1) to be bound by these official rules; (2) that the TBUSA shall retain full authority, in their sole discretion, to interpret and administer these rules; (3) that any dispute with regard to the conduct of the Contest, rule interpretation or award of the prize, shall be resolved by the TBUSA, whose decision shall be binding and final; (4) to be bound by all decisions and interpretations made in good faith by the TBUSA; and (5) that all use of TBUSA products or services will be subject to TBUSA standard terms and conditions of sale. Furthermore, the participant represents and warrants that: (1) the participant meets the eligibility requirements of the Contest; (2) the participant has obtained all required authorizations and permissions from the participant’s institution or company, including but not limited to relevant copyrights and permission to use/transfer cells; (3) entering into the Contest does not and will not violate any law or regulation, or any of the institution's or company’s rules or policies; and (4) the information contained in the application is true and correct in all material respects and is owned or rightfully possessed by the participant without restriction on disclosure. The TBUSA may refuse to award the prize if the TBUSA determines in their sole discretion that doing so would likely result in a violation of an applicable law, rule, or policy.
USE OF WINNER’S NAME AND INFORMATION
The participant acknowledges and agrees that, if the participant is selected as the winner or as one of the runners-up, the participant’s name, biographical information, likeness, the name of the participant’s institution or company and the project title (excluding further project details) may, without further compensation, be published on one or more TBUSA website(s) and, at the TBUSA’s discretion, through social media or through other marketing publications. By accepting the prize, the winner grants to the TBUSA, on behalf of the winner and the winner’s institution or company, the right, at any time and from time to time, to print, publish, broadcast and use, worldwide and in any media now known or hereafter developed (including, but not limited to, social media, the Internet and the world wide web), the winning participant’s name, biographical information, (if provided by the participant) image, likeness, the name of the winning participant’s institution or company and the project title (excluding further project details). Same terms, obligations, permissions and grants stated in this paragraph shall also apply to runners up.
PUBLICATIONS AND PRESENTATIONS
It is the objective of both TBUSA and winner that the winner will present results generated from carrying out the prize in one or more publications. It is understood that TBUSA will be enabled to use such results to create marketing materials. Results of these studies are expected to lead ultimately to high profile publications and will be presented in international conferences (e.g. ASHG, AMP, SfN for example).
INDEMNITY, DISCLAIMER AND LIMITATION OF LIABILITY
By participating in the Contest, the participant agrees on behalf of the participant and the participant’s institution or company to release, discharge, indemnify and hold harmless the TBUSA and their respective affiliates, subsidiaries, officers, directors, employees, agents and representatives from all liability for any injury, loss or damage, including death or property damage, due in whole or part, directly or indirectly, to the participation in the Contest or the acceptance, possession, use or misuse of the prize. The TBUSA has not made any warranty, representation, or guarantee, express or implied, in fact or in law, with respect to the prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. THE TBUSA IS NOT RESPONSIBLE FOR LOST, LATE, STOLEN, INCOMPLETE, ILLEGIBLE, INACCURATE, UNDELIVERED, DELAYED OR MISDIRECTED ENTRIES, OR FOR ANY COMPUTER, THE INTERNET, EMAIL, TELEPHONE OR TECHNICAL MALFUNCTIONS OR DELAYS, OR FOR ANY HUMAN ERRORS THAT OCCUR IN THE PROCESSING, TRANSMISSION OR RECEIPT OF ENTRIES, OR FOR INACCURATE TRANSCRIPTION OF ENTRY INFORMATION, OR IF THE CONTEST IS NOT CAPABLE OF BEING CONDUCTED AS PLANNED, INCLUDING BUT NOT LIMITED TO INFECTION BY COMPUTER VIRUSES, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR OTHER CAUSES BEYOND THE CONTROL OF THE TBUSA. IN NO EVENT SHALL THE TBUSA OR THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR IN CONJUNCTION WITH PARTICIPATION IN THE CONTEST OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF THEM ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE TBUSA’S TOTAL AND CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE CONTEST SHALL IN NO EVENT EXCEED THE TOTAL VALUE OF THE PRIZE.
TBUSA reserves the right to suspend, notify, cancel or terminate the Contest without advance notice, including, without limitation, in the event of any act, occurrence or reason that it believes would compromise the legality, integrity, administration or fairness of the Contest. If one or more provisions of these official rules are held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall be valid and enforceable. These official rules are governed by and shall be construed by the laws of the State of California, USA, without application of its choice of law principles. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. The failure of the TBUSA to comply with any provision of these official rules due to civil unrest, threat of or actual acts of terrorism or war, embargoes, governmental actions, acts of God, earthquakes, floods, storms, fires, supplier delay, accidents, explosions, epidemics, quarantine restrictions, or other such contingencies beyond the control the TBUSA, shall not be considered a breach of these rules.
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