OPG Terms & Conditions 2018

The 2018 OPG Ignite Competition Terms & Conditions

The Ignite Competition (the “Competition”) is organized by Ontario Power Generation Inc. (“OPG”), in consultation with Spark Commercialization and Innovation Centre (“Spark Centre”). Participation in the Competition is subject to the following terms and conditions (the “Competition Terms”) as well as the terms and conditions outlined for the Spark Centre Ignite Competition (the “Spark Competition Terms”, Where there is a conflict between the Competition Terms and the Spark Competition Terms, the Competition Terms will govern.

The submission of an application to participate in the Competition (an “Application”) constitutes acceptance by the Applicant(s) of the terms, conditions and provisions set out below and the terms, conditions and provisions set out in the Spark Competition Terms. The Applicant further agrees as a condition of their participation in the Competition that if they are chosen as the winner of the Competition they will execute the agreement attached as Schedule A to these Competition Terms.

To be eligible to enter the Competition, the Applicant hereby certifies that: 1) their proposed technology, invention or process is a lawful, original and novel innovation that generated sales of no greater than $1 million (CDN ) over the last 12 months and the Applicant is or intends to become an early stage company focusing on innovation; 2) the technology, invention or process is their own work and they have the sole right to submit the innovation to the Competition; 3) they are above the legal age of majority in Ontario; 4) they accept and will adhere to these Competition Terms and the Spark Competition Terms; 5) they are not currently employed by OPG or an OPG subcontractor or supplier; and 6) if chosen as the winner of the Competition, they will execute the agreement attached as Schedule A to these Competition Terms and can grant all required licenses to OPG in respect of the innovation.

Application Process
Applications for the Competition must be submitted by 11:59pm Eastern Standard Time (EST) on September 28, 2017, or such later date as specified in writing by OPG, to ignite@opg.com via the application form posted on the Ignite website at: http://ignitedurham.ca/opg-2018 (the “Application Deadline”).

Applications will only be processed through the above identified email address. OPG reserves the right to void or not accept any application due to ineligibility or for any other reason in its sole discretion.

OPG will have full access to the Application and the right to share any or all of the Application with OPG’s affiliates or advisors.

Applicants may be contacted by telephone or email at the option of OPG. Up to three (3) attempts will be made to contact the Applicants.

OPG accepts no liability for incorrect or incomplete contact information provided by an Applicant. If an Applicant cannot be contacted in the manner described above or fails to respond in a timely manner, their Application will receive no further consideration by OPG.

There is a limit of one Application per person and per company for each of the Darlington refurbishment challenge, the environment challenge and the inspection and maintenance challenge. Subsequent entries will be disqualified. All Applications must be received by OPG by the Application Deadline. Applications are void if they are in whole or in part illegible, incomplete, counterfeit, obtained through fraud, or late.

Applicants will be notified of acceptance prior to commencement of the Competition.

OPG assumes no responsibility for any problems or technical malfunction of any telephone network, telephone lines, computer online systems, servers, access providers, computer equipment, software, or the failure of any application to be received by OPG on account of technical problems or traffic congestion on the internet or at any website, or any combination thereof.

All costs incurred by the Applicant in preparing an Application and participating in the Competition will be assumed entirely by the Applicant.

Release and Waiver
By submitting an Application to the Competition, each applicant releases and holds harmless OPG, its affiliates and subsidiaries, any committee members or Selection Committee members (as defined in these Terms and Conditions) appointed by them, and in each case their respective directors, officers, owners, employees, agents, representatives, successors and assigns, from any and all liability in connection with the Competition or resulting from participation in the Competition or the acceptance, possession or use of any seed funding, including, without limitation, infringement of intellectual property rights, personal injury, death, and property damage, and claims based on publicity rights, defamation, invasion of privacy, or non-compliance by OPG with any Competition rules.

By submitting an Application, the applicant grants OPG the right to use his/her name, address, likeness, photograph, information about their Application, and statements in advertising and for other promotional or publicity purposes without further compensation.

Applications accepted to participate in the Competition will be referred to as “Participants” for the Competition. Applications will not be returned after submission.

The Competition Selection & Participation Process
The Competition will be judged by a committee, selected by OPG, in its sole and absolute discretion, which will consist of entrepreneurs, executives, investors, or others deemed fit by OPG (the “Selection Committee”). All decisions made by the Selection Committee are final, except that OPG maintains the right to disqualify any Application that has been deemed to have violated these Competition Terms, or the spirit of the Competition. OPG maintains the right, at its sole discretion, to disqualify any Application that raises a conflict of interest or perceived conflict of interest or that would jeopardize the integrity of OPG or the Competition.

Seed Funding
The provision of seed funding will be administered by the Organizers. While seed funding of no less than $25,000 will be awarded, it is not guaranteed that the Selection Committee will provide any seed funding to any specific Participant.

The provision of seed funding is subject to due diligence by OPG, which may include, but is not limited to, the review of corporate or legal documents, accounting records, review of the Participants’ background intellectual property or any other material requested from Participants by OPG.

In addition to any seed funding, OPG may provide the successful Participant with access to OPG facilities and on-going mentorship and support. Any such assistance provided by OPG will be provided to Participants at OPG’s sole discretion and on an “as is” basis, without any additional or further representation or warranty of any kind.

No interest will be paid on any seed funding.

OPG and the Selection Committee shall incur no liability whatsoever with respect to any Applicants’ participation in the Competition or the awarding or non-awarding or use of any seed funding.

Not an Offer or Contract of Employment

Under no circumstances shall the submission of an Application, the provision of any seed funding, or anything else in these Competition Terms be construed as an offer or contract of employment with OPG. The Applicant acknowledges that they have submitted their Application voluntarily and not in confidence or in trust. No fiduciary, agency or other relationship or implied contract now exists between the Applicant and OPG in connection with the Applicant’s submission of an Application or participation in the Competition.

Disclosure and Ownership of Intellectual Property
In exchange for the provision of seed funding the winner agrees to license certain intellectual property rights in respect of the technology, invention or process solely owned or developed by the Applicant to OPG. Further details are located in the intellectual property provisions contained in the agreement attached as Schedule A. Participants are cautioned that intellectual property rights, including patentable inventions and industrial designs, may be compromised by public disclosure. Applicants should therefore take steps to file for protection of their patentable inventions or industrial designs prior to applying for this competition since the competition may result in public disclosure of certain aspects of the application.

As the Competition will take place in a public forum, submission of an Application and participation in the Competition should be considered a public disclosure. Applicants should not assume any right of confidentiality in any data or information discussed, divulged, or presented in their Application or during the selection process. OPG or any other persons involved in the Competition will not be asked to sign any non-disclosure or confidentiality agreements. Notwithstanding the foregoing, any information or mentorship provided by OPG to an Applicant during or preceding the Competition shall be considered confidential information and shall not be divulged by the Applicant without OPG’s prior consent.

Applicants and Participants acknowledge that it is their responsibility to take steps prior to submitting an Application to preserve their intellectual property rights in any subject matter contained therein.

Publishing and Promotion
OPG reserve the right to publish information about the Applicants and their work, in publications or online, and to release information to the media, which may include radio, television, print media, and the Internet.
Any photographs or film footage or other media captured during the evaluation process will be the property of OPG and may be used by OPG, in their sole and absolute discretion, in any manner as it sees fit.

OPG reserves the right to suspend, delay or cancel the Competition or to modify these terms and conditions for any reason or as required by applicable law.

These Competition Terms shall be governed by the laws of the Province of Ontario. If any provision of these Competition Terms is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the right to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with the Competition are hereby excluded, and all Applicants expressly waive any and all such rights.