Terms and Conditions for Jumpstarter

PLEASE READ THESE TERMS CAREFULLY, AS THEY APPLY TO YOUR APPLICATION AND PARTICIPATION IN THE JUMPSTARTER EVENT (AS DEFINED BELOW). BY SUBMITTING YOUR APPLICATION (AS DEFINED BELOW), YOU ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THEM.

1. Definitions

Capitalised terms used in these Terms shall have the following meanings:

"Contestant" means a business that has been accepted and registered by the Jumpstarter Committee for participation in the Jumpstarter Event in order to compete to receive the Investment;
"Final Event" means the semi-final and final event held in Hong Kong that are co-organised by the Jumpstarter Committee, in which:
  1. the twenty-four (24) Contestants selected by the Judges in the Semi-Pitch Event, and the two (2) to four (4) other Contestants selected by the Jumpstarter Committee (in its sole discretion, as part of its fast-track policy) shall pitch their business to the relevant Judges, and the Judges shall select the six (6) Contestants they believe should move on to the final round; and
  2. the final six (6) Contestants selected for the final round shall present their final pitch of their business, and the relevant Judges shall select which three (3) Contestants they believe should be the winners of the Investment;
"Investment" means an amount up to USD 1,000,000;
"IP Rights" means any trademarks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, copyrights, design rights, database rights, rights in designs, inventions, semiconductor topography rights, know-how, trade secrets or any similar right exercisable anywhere in the world, and all applications or rights to apply for the same (where such applications can be made), whether presently existing or created in the future, and whether registered or not, and all benefits, privileges, or rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights;
"Judges" means the individuals selected by the Jumpstarter Committee to consider the business pitches presented by the Contestants, and who will determine which Contestants shall win the relevant Semi-Pitch Event or Final Event in which they are judging;
"Jumpstarter Committee", "we" or "us" means The Hong Kong Entrepreneurs Fund Limited in collaboration with the Hong Kong Cyberport Management Company Limited and the Hong Kong Science & Technology Parks Corporation;
"Jumpstarter Content" means any data, material or information, in any format whatsoever, including (without limitation) any marketing materials, adverts, promotional materials, posters, text, software, images, graphics, photos, videos, sound recordings, audio and video recordings, directories, databases or listings, that are in relation to the Jumpstarter Event and were created by or on behalf of the Jumpstarter Committee, or which are made available on or through the Website;
"Jumpstarter Event" means the competition co-organised by the Jumpstarter Committee for start-up businesses to compete via the Semi-Pitch Events and Final Event in order for three (3) Contestants to each receive the Investment, and any related press conferences, promotional events or workshops;
"PICS" means the personal information collection statement provided to you at the time you submit Your Application or any amended versions to which you subsequently consent, and which can also be found at https://jumpstarter.hk;
"Premises" means the premises at which the Semi-Pitch Events, Final Event, and any press conferences, promotional events or workshops related to the Jumpstarter Event are held;
"Semi-Pitch Events" means the eight (8) events held in Hong Kong that are co-organised by the Jumpstarter Committee, each of which shall:
  1. represent a different category specified by the Jumpstarter Committee;
  2. involve twelve (12) Contestants selected by the Jumpstarter Committee pitching their business to the relevant Judges; and
  3. involve the relevant Judges selecting the three (3) Contestants in each of the eight (8) categories that they think should move on to the Final Event;
"Third Party Materials" means any materials, information and/or content (in any format whatsoever) provided, uploaded, transmitted, submitted or posted by or sourced from any third party;
"Website" means the website to which the domain name jumpstarter.hk resolves;
"you" or "your" means you, the person who is using the Website and/or applying to register for the Jumpstarter Event;
"Your Application" means the application form submitted by you via the Website, for participation in the Jumpstarter Event as a Contestant;
"Your Content" has the meaning given in Clause 9.1;

2. Jumpstarter Event

  • The Jumpstarter Event is organised and hosted by the Jumpstarter Committee. By submitting Your Application and/or participating in the Jumpstarter Event, you agree to be bound by and accept these Terms. If you do not agree to these Terms, then you must not submit Your Application or participate in the Jumpstarter Event.
  • The Jumpstarter Committee shall specify the rules and procedure in relation to the Jumpstarter Event and how it shall be conducted. The current rules and procedure can be found at http://jumpstarter.hk. The Jumpstarter Committee has the right to amend, modify and/or add to such rules and procedures at any time, in its sole discretion, with no liability to you. Any amendments shall be posted on the Website. Your continued participation in the Jumpstarter Event and/or failure to withdraw Your Application after the amended rules and procedures are posted on the Website constitutes your acceptance of such amendments. If you do not agree to any amendments to the rules or procedures, your sole remedy is to withdraw Your Application and to cease participating in the Jumpstarter Event pursuant to Clause 6.1.
  • The final three (3) Contestants selected by the Judges in the Final Event ("Winners") shall be entitled to receive the Investment, which shall be provided by The Hong Kong Entrepreneurs Fund Limited. You understand and agree that the exact amount of the Investment, and the manner in which the Investment will be provided, shall be determined by The Hong Kong Entrepreneurs Fund Limited in its sole discretion.
  • You understand and agree that the Jumpstarter Committee does not provide any guarantees, undertakings or warranties in relation to your chances of becoming a Winner.
  • The Jumpstarter Committee shall have the absolute discretion to make any decisions in relation to the Jumpstarter Event, and its decisions shall be final and binding.
  • You acknowledge and agree that the Jumpstarter Committee, at its sole discretion shall have the right to record the Jumpstarter Event (in any format), and broadcast, stream or transmit the Jumpstarter Event in whatsoever manner (including, without limitation, as a live-stream), as well as allow the public to attend, view, and/or watch any broadcast or recording of the Jumpstarter Event (including the Final Event and/or any Semi-Pitch Events), either for free or in return for compensation. You shall not have any right to edit, object to or request the take down of, and shall not have any rights, title or interest in such recordings or broadcasts (in any format whatsoever), and all IP Rights in such recordings or broadcasts are owned by the Jumpstarter Committee as Jumpstarter Content, pursuant to Clause 11. You shall not be entitled to any part of the compensation received by the Jumpstarter Committee from the public, or any distribution, broadcasting or licensing revenue received by the Jumpstarter Committee.
  • All costs and expenses incurred by you in relation to Your Application and/or your participation in the Jumpstarter Event shall be borne solely by you.

3. Registration

  • You understand and agree that not all applications for participation as a Contestant in the Jumpstarter Event are accepted by the Jumpstarter Committee. Only twelve (12) Contestants are selected by the Jumpstarter Committee (at its sole discretion) for each Semi-Pitch Event.
  • You acknowledge and agree that you can only participate in the Jumpstarter Event as a Contestant if:
    1. you submit Your Application, and Your Application is accepted by the Jumpstarter Committee and your are registered to participate in the Jumpstarter Event;
    2. you are a business that falls within the scope of one of the Semi-Pitch Event categories;
    3. you are a start-up that has been in operation for less than five (5) years;
    4. you have raised less than US$ 10,000,000 in funds to support your business;
    5. you have or have a committed plan to establish substantial operations in Hong Kong; and
    6. you are seeking investments at either seed, pre-A, series A or series B stage.
  • If you wish to participate in the Jumpstarter Event as a Contestant, then you must submit Your Application via the relevant registration page on the Website, and any supporting documents requested by the Jumpstarter Committee from time to time. Your Application must be submitted on or before the relevant application deadline stated on the Website in order to be taken into account by the Jumpstarter Committee.
  • The Jumpstarter Committee has the sole discretion to determine whether or not to accept or reject Your Application, for any reason whatsoever, with no liability to you.
  • You represent and warrant that all information and materials submitted by you in relation to Your Application and any supporting documents shall be complete, up-to-date and accurate, and shall not infringe the rights of any third parties. Upon becoming aware that nay information or materials provided by you to the Jumpstarter Committee are no longer complete, up-to-date or accurate, you shall promptly notify the Jumpstarter Committee in writing at jumpstarter2017@ent-fund.org.

4. Cancellation or Amendments to the Jumpstarter Event

  • The Jumpstarter Event is subject to change or cancellation, at any time. The Jumpstarter Committee has the right to amend or cancel the Jumpstarter Event (in whole or in part) at its sole discretion, with no liability to you. Without prejudice to the foregoing, the Jumpstarter Committee shall not be liable to you in any way for any loss, damages, costs or expenses suffered or incurred (directly or indirectly) by you in relation to the Jumpstarter Event, or any changes to or cancellations of the Jumpstarter Event (in whole or in part).

5. Changes to the Terms

  • The Jumpstarter Committee may amend the Terms from time to time in its sole discretion without liability to you. The Jumpstarter Committee shall post any amended Terms on the Website. By continuing to participate in the Jumpstarter Event and/or failing to withdraw your Application following the posting of the amended Terms on the Website, you agree to be bound by them.

6. Termination or Suspension of Your Participation

  • You are free to withdraw Your Application and to cease participating in the Jumpstarter Event as a Contestant, at any time, by submitting a notice in writing to the Jumpstarter Committee at jumpstarter2017@ent-fund.org.
  • The Jumpstarter Committee has the right to suspend or terminate (in whole or in part) your participation in the Jumpstarter Event as a Contestant, including removing you from the Premises, at any time at its sole discretion.
  • Any suspension or termination of your participation in the Jumpstarter Event shall not affect Clauses 8 to 21, and such Clauses shall continue in full force and effect.

7. Your Personal Data

  • Any personal data provided by you shall be handled in accordance with the PICS provided to you at the time you submit Your Application or any amended versions to which you subsequently consent. A copy of the PICS can also be found at http://jumpstarter.hk. By submitting Your Application or participating in the Jumpstarter Event, you agree to be bound by and accept the PICS. If you do not agree to the PICS, then you must not submit Your Application or participate in the Jumpstarter Event.

8. Your Conduct

  • You agree that you shall:
    1. not contravene or infringe any third party’s rights;
    2. not engage in any activity that interferes with, disrupts or adversely affects the Jumpstarter Event or other Contestants' participation in the Jumpstarter Event;
    3. not engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene, dishonest, discriminatory, immoral or menacing behaviour;
    4. not make any statements, comments or issue any materials that are derogatory, defamatory or adverse to the reputation of any member of the Jumpstarter Committee or the Jumpstarter Event;
    5. comply at all times with any requirements or restrictions related to your access to the Premises, and all rules and procedures issued by the Jumpstarter Committee in relation to the Jumpstarter Event;
    6. not copy, modify, reproduce, download, re-publish, sell, distribute or create derivative works from any Jumpstarter Content (in whole or in part);
    7. not install, upload or transmit (or allow the installation, uploading or transmission of) any viruses or instructions, codes, techniques or devices capable of disrupting, disabling, damaging, shutting down, monitoring or gaining unauthorised access to the Website;
    8. not take any action or allow any third party to take any action that would enable you, or any third party, to gain unauthorised access to, monitor or to tamper with or use any computer systems or networks of the Jumpstarter Committee or any third parties; and
    9. use the Website and any Jumpstarter Content only for purposes that are expressly permitted by these Terms.

9. Your Licence

  • In consideration of the opportunity to participate in the Jumpstarter Event, you grant the Jumpstarter Committee a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable license to use, copy, reproduce, process, adapt, publish, create derivative works from, incorporate into any Jumpstarter Content, translate, transmit and disseminate the following ("Your Content"):
    1. any data, material, information, trade marks, trade names or logos, provided, uploaded, submitted or presented by you (in any format whatsoever) to the Jumpstarter Committee or its service providers, or via the Website or any social media platform in relation to the Jumpstarter Event, and or otherwise in connection with or during the Jumpstarter Event; and
    2. any photographs, images, videos, audio and/or sound recordings, that the Jumpstarter Committee or its service providers make, create, live stream, broadcast or record of you, your employees and/or representatives in connection with the Jumpstarter Event,
    in any form, media or technology whatsoever, for the purposes of administering, organising, providing, hosting, fulfilling, promoting, marketing, advertising and/or showcasing the Jumpstarter Event, and as otherwise permitted under these Terms.
  • You warrant and undertake that you have all the rights, power and authority necessary to grant the license described in Clause 9.1. You agree that you are responsible for protecting and enforcing your own IP Rights and the Jumpstarter Committee have no obligation to do so on your behalf.
  • You agree that you waive, and have obtained all waivers from your employees and representatives of, any and all moral rights in Your Content.
  • The Jumpstarter Committee reserve the right (but shall have no obligation) to remove, pre-screen, review, flag, filter, modify or refuse any of Your Content, at its sole discretion.

10. Confidentiality

  • You understand and agree that Your Content is not confidential and may be disseminated and disclosed by the Jumpstarter Committee and its sub-licences pursuant to Clause 9.1, and may become known to the public (including, without limitation, when members of the public attend the Jumpstarter Event or view any promotional or marketing materials).
  • The Jumpstarter Committee shall not be responsible for and assumes no liability to you to maintain the confidentiality of any of Your Content. It is your obligation to ensure that no proprietary or confidential information or materials are provided to the Jumpstarter Committee, as this will be subject to Clause 9.1.
  • For the avoidance of doubt, this Clause 10 is without prejudice to the PICS.

11. Jumpstarter Committee's IP Rights

  • You acknowledge and agree that as between you and the Jumpstarter Committee, all rights, title, interest and IP Rights in relation to the Jumpstarter Event, the Jumpstarter Content and the Website are owned by the Jumpstarter Committee or its third party licensors.
  • You have no rights, title or interest in relation to the Jumpstarter Event, the Website or the Jumpstarter Content (excluding Your Content).
  • You shall not use any trade mark, service mark, trade name, logo or any other IP Rights of any member of the Jumpstarter Committee, and nothing in these Terms shall be construed as granting you any rights to such trade marks, service marks trade names, logos or IP Rights. You shall not use any trade mark, service mark, trade name, logo, image or content of any third party without that third party's prior authorisation. You shall not use any trade mark, service mark, trade name, logo, image or content in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, logos, images or content.

12. Third Party Materials

  • You acknowledge and agree that the Jumpstarter Committee shall not be obligated to (but reserves the right at its sole discretion to) actively monitor or exercise any control whatsoever over any Third Party Materials. The Jumpstarter Committee does not endorse, verify or otherwise certify any Third Party Material, including any that may be incorporated in the Jumpstarter Content.
  • The Website may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by third parties unrelated to the Jumpstarter Committee. You understand and agree that:
    1. the Jumpstarter Committee has no control over, does not monitor and does not endorse such third party websites, content, or resources; and
    2. the Jumpstarter Committee makes no guarantee or warranty, and is not responsible for any such external sites, content or resources (or any products, goods or services promoted, referred to or offered on such external sits or resources).

13. Assumption of Risk

  • You acknowledge and agree that your attendance and participation in the Jumpstarter Event is voluntary and at your sole risk, and the Jumpstarter Committee disclaims any and all liability in relation to your attendance and participation in the Jumpstarter Event or your attendance at the Premises, to the fullest extent permitted by applicable law.

14. Disclaimers

  • The Jumpstarter Content are for your general reference only, and are not intended to amount to any advice on which you should rely.
  • YOUR PARTICIPATION IN THE JUMPSTARTER EVENT AND YOUR USE OF THE JUMPSTATER CONTENT AND THE WEBSITE, ARE AT YOUR SOLE RISK AND SUCH IS PROVIDED “AS IS” AND “AS AVAILABLE”.
  • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE JUMPSTARTER COMMITTEE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND IN RESPECT OF THE JUMPSTARTER EVENT, THE WEBSITE AND ANY JUMPSTARTER CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, COMPLETENESS AND ACCURACY.
  • WITHOUT PREJUDICE TO THE GENERALITY OF CLAUSE 14.3 ABOVE, THE JUMPSTARTER COMMITTEE MAKES NO REPRESENTATIONS OR WARRANTIES:
    1. AS TO THE ACCURACY, QUALITY, COMPLETENESS, CURRENTNESS, ADEQUACY, RELIABILITY OR VALIDITY OF THE JUMPSTARTER CONTENT;
    2. THAT THE JUMPSTARTER CONTENT, THE WEBSITE, OR THE JUMPSTARTER EVENT WILL MEET YOUR REQUIREMENTS, OR ARE FREE OF DEFECT, ERROR, OMISSION OR VIRUS;
    3. THAT YOUR USE OF THE WEBSITE OR THE JUMPSTARTER CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR
    4. THAT DEFECTS, DEFICIENCIES OR ERRORS IN THE WEBSITE, THE JUMPSTARTER CONTENT OR THE JUMPSTARTER EVENT WILL BE CORRECTED.

15. Liability

  • Nothing in these Terms, shall exclude or restrict any warranty or liability for death or personal injury caused by the Jumpstarter Committee's negligence, for fraud or fraudulent misrepresentation or that may not be lawfully excluded or limited by applicable law. Only the limitations and/or exclusions that are lawful under the applicable law will apply, and the Jumpstarter Committee's liability will be limited to the maximum extent permitted by the applicable law.
  • THE JUMPSTARTER COMMITTEE SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY LOSS, DAMAGES, COSTS OR EXPENSES WHATSOEVER (INCLUDING WHETHER GENERAL, SPECIAL, INDIRECT, DIRECT, NOMINAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL), INCLUDING LOSS OF PROFIT; LOSS OF REVENUE; LOSS OF TIME; LOSS OF ANTICIPATED SAVINGS; LOSS OF OPPORTUNITY; LOSS OR CORRUPTION OF DATA; LOSS OF USE; LOSS OF BUSINESS; WASTED EXPENDITURE; LOSS OF OR DAMAGE TO PHYSICAL PROPERTY; BUSINESS INTERRUPTION; LOSS OF OR DAMAGE TO GOODWILL, WHICH MAY ARISE IN RELATION TO THESE TERMS, THE JUMPSTARTER EVENT, THE WEBSITE, THE JUMPSTARTER CONTENT OR THE PREMISES, WHETHER OR NOT THE JUMPSTARTER COMMITTEE WERE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS.
  • WITHOUT PREJUDICE TO CLAUSE 14 OR THE GENERALITY OF CLAUSE 15.2, THE JUMPSTARTER COMMITTEE SHALL NOT:
    1. BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES SUFFERED BY YOU (HOWEVER ARISING, INCLUDING (WITHOUT LIMITATION) AS A RESULT OF NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE JUMPSTARTER EVENT, THE WEBSITE, THE JUMPSTARTER CONTENT OR THE PREMISES; OR
    2. BE LIABLE FOR ANY CHANGES OR AMENDMENTS TO OR CANCELLATION OF THE JUMPSTRATER EVENT (IN WHOLE OR IN PART)
  • WITHOUT PREJUDICE TO CLAUSE 15.2 AND CLAUSE 15.3, SOLELY TO THE EXTENT THAT ANY COURT OF COMPETENT JURISDICTION ISSUES A DECISION THAT CLAUSE 15.2 AND CLAUSE 15.3 ARE INVALID OR UNENFORCEABLE, THEN JUMPSTARTER COMMITTEE'S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE JUMPSTARTER EVENT, THE WEBSITE OR THE JUMPSTARTER CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED USD 100.

16. Governing Law

These Terms (including its interpretation and any disputes relating to it) shall be governed by the laws of Hong Kong, and are subject to the non-exclusive jurisdiction of the courts of Hong Kong.

17. Severability

If any of these Terms are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if these Terms had been made without the invalid, illegal or unenforceable terms.

18. Entire Agreement

These Terms contain the entire agreement between you and the Jumpstarter Committee in respect of its subject matter.

19. Waiver

A failure or delay by the Jumpstarter Committee to exercise any right or to act upon a breach under these Terms will not be a waiver of that right or breach. Any waiver by the Jumpstarter Committee of any of its rights or of a breach of these Terms must be in writing, and such waiver is limited to the particular right or breach stated therein.

20. Assignment

You may not transfer any of your rights or obligations under these Terms without the prior written consent of the Jumpstarter Committee. The Jumpstarter Committee may transfer its rights or obligations to any third party without your consent.

21. Language

These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail.