5G Starter Fund Terms and Conditions

Overview

 

The 5G Starter Fund Competition (the “Fund”) is a nationwide search for the most innovative 5G ideas based on the Fund Categories listed below. The Fund intends to inspire innovation and ideas that use 5G technology to solve big challenges for business and society. These terms and conditions describe the manner in which the Fund will be conducted. The promoter of this Fund is Spark New Zealand Trading Limited (“we”, “us”, “our”, “Spark”). By taking part in this Fund, any person that submits an entry (“you”, “your”, “Entrant”) accepts and agree to these terms and conditions.

Eligibility

 

You can only enter this Fund if:

  • you’re either a company registered with the Companies Office of New Zealand, or a registered charity (we can accept entries from other entities at our discretion);
  • you’re based in New Zealand;
  • you have 100 employees or fewer;
  • all members of your team are over 18 years old;
  • you have an existing technology or a prototype that can leverage 5G technology, and you have conducted a proof of concept or feasibility study (rather than be at pure idea or concept stage);
  • you agree to being subject to background checks, including a police check for key members of your team and reference checks;
  • you don’t work for or with Spark (including agents, partners, contractors, vendors and consultants, or their families, any person or company who has already partnered with us (including in relation to 5G), or anyone else helping with this Fund);
  • you’re not in a similar type of programme with another New Zealand telecommunications provider (for example, you’re not eligible if you’re participating in the Vodafone Xone programme); and
  • you’re available on the specific dates we mention below.  

Postponing/changing fund

 

The dates below may change at our discretion, acting reasonably. For example, due to circumstances outside our control, we might need to change all the dates we refer to in these terms and/or replace some of the prizes. Spark also reserves the right to cancel, postpone or modify this Fund in the event an insufficient number of eligible or satisfactory entries are received. We will notify Entrants if we make any changes to the Fund under this clause.  

Fund categories

 

The key goals of the Fund (“Fund Categories”) are:

  • Next Gen Health: 5G solutions that enable a step forward for the health and wellness of all New Zealander’s;
  • Good for New Zealand: 5G-enabled solutions that improve the lives of Kiwis or build a more sustainable New Zealand;
  • Industry Disruptors: 5G-enabled technology that will fundamentally change the way we live work; and play.
  • Immersive Experiences: 5G-enabled technology that offer new sensory educational or entertainment experiences.

How to enter

 

To enter the Fund, https://www.spark.co.nz/5gstarterfund (the "Fund Website"), follow all instructions to complete and successfully submit the entry form which includes a description of your initial submission and how it meets the applicable Fund Pillars ("Fund Submission") via the form provided on the Fund Website. Entries must be submitted between 27 May and 16 August 2020 (although we might extend this time period).  

Entrant confirmations 

 

By entering, each Entrant confirms that:

  • unless expressly stated otherwise, the Entrant owns all intellectual property rights in the material submitted in the Fund Submission;
  • the Fund Submission is the Entrant's own creation and is original;
  • the Fund Submission will not infringe on any intellectual property rights of any third party;
  • any third parties appearing in the Fund Submission have given consent to be referenced;
  • the Entrant has all appropriate rights to use, and to grant Spark the right to use, any third-party content or technology used to develop or contained in the Fund Submission;
  • the Fund Submission and the Entrant's participation do not violate the rights of any third party or any law;
  • the Fund Submission does not contain the confidential information of any third party; and
  • the Fund Submission is submitted by an employee of Entrant on Entrant's behalf who has the power to do so on behalf of the Entrant, and not on behalf of any educational institution or any other third party.

 

Intellectual Property Rights 

 

The Entrants retain ownership of all rights (including intellectual property rights) in the Fund Submission. However, Spark can use the Fund Submission for the purposes of evaluating the Fund Submissions and administering the Fund.  Spark and the Entrant may agree in writing any licensing and commercial terms relating to the development, marketing and sale of the technologies and services described in the Fund Submissions.

Independent development

 

Entrants acknowledge that the concepts in their Fund Submission may be similar to those in other Fund Submissions, or that Spark or its subsidiaries may already be pursuing technologies or concepts related or similar to those that the Entrant discloses in their Fund Submission. Entrants acknowledge that Spark is not restricted from pursuing, developing or commercialising (independent of the Entrant) any technology or innovation that is created independent of the Entrant’s Fund Submission.

Contacting entrants 

 

All Entrants must provide and maintain a valid email address for the duration of the Fund. Spark is entitled to send any correspondence associated with this Fund by email to the Entrant’s designated email address.  

 Selection Process

All Fund Submissions will be reviewed by our internal panel of Spark judges. We will select a shortlist of Entrants. If you are selected to be on the shortlist, you will need to submit a three-minute video and attend a video conference with the Spark panel (attended by both a technical and business representative of the Entrant). The panel will choose up to eight Fund Entrants to advance to Round 2 of the Fund (“Finalists”). Finalists will be notified by email on or about 18 September 2020 (this date is subject to change).

Bootcamp for finalists

 

All Finalists will be invited to attend a bootcamp in Auckland (or over video if the Finalist prefers or if there are travel restrictions in place) in the week commencing 21 September 2020 (this date is subject to change). Attendance is at the Finalists’ own cost.

Interview & supplemental information

 

Finalists will need to attend an interview during week commencing 19 October 2020 with relevant Spark and industry subject matter experts and submit supplemental information about their Fund Submission for re-evaluation against the Fund Categories. Spark reserves the right to define subject matter experts as both Spark employees as well as outside experts in their respective field of the Fund Submission. The Finalists will be invited to present their Fund Submissions in an in-person or video conference presentation ("Presentation") before a panel of Judges.

Presence in Auckland for interview & presentations

 

Finalists must be in Auckland for one day during week commencing 19 October 2020 for this round (this date is subject to change). A maximum of three people per Finalist may attend.  Each Finalist team will be reimbursed up to a total of $1,000 for reasonable travel and accommodation expenses actually incurred for travel to Auckland (if not located in Auckland). All expenses must be documented with original receipts.

Winners

Spark will select up to four winners – a first place, and three 2nd place winners (together “Winners”). This is in our absolute discretion and we reserve the right to not award the Prize to any entries. No discussions will be entered into. We will endeavour to contact the Winners in person/by phone and/or email in by 26 October 2020. We may contact Winners and deliver prizes by other means. We will try to contact the Winners within a reasonable time (as determined by us). If we can't contact the Winner, we may award the Prize to another Finalist. Spark has the right to choose the number of businesses awarded or change the prize inclusions at any time. We will publicly announce any Winners once they have been contacted (“Winner Announcement Date”).
 

Details of the prizes

 

The following four prizes (together the “Prize”) will be awarded to the Winners:

  • Prize Money will be awarded to fund the development of new 5G-enabled technology. This will be awarded as follows:
    • The first place Winner will receive $250,000; and
    • The three 2nd place Winners will receive $125,000 each.
    • Access to our Spark 5G Co-Lab in Auckland to test their product on the network from November 2020 – February2021
    • An industry mentor will be provided to each Winner to help scale their business, with three sessions of mentoring included.  This will occur over a period of three months (one session per month).

We don't make any warranties or representations regarding the specifications or any other aspects of any destination or experience in the Prize.  

Publicity & marketing
rights for finalists

 

If you’re a Finalist, we will use each Entrant’s (and each Entrant’s team member’s) name, picture, video recordings (including for example, video content taken during the Bootcamp), and/or any statements made by each Finalist regarding the Fund for advertising and promotional purposes. We will do this without notice or additional compensation.  

Additional terms for
winners

 

Additionally, if you’re a Winner:

  • for 12 months following the Winner Announcement Date, you grant us a right of first and last refusal to work with you on marketing and commercial sale and distribution of the technologies and services described in your Fund Submission,  on an exclusive basis in New Zealand and on other terms to be discussed in good faith and agreed in writing between you and us; 
  • you must partake in all PR and marketing requests that Spark makes for 6 months following the Winner Announcement Date (without additional compensation); and
  • for 12 months following the Winner Announcement Date, you further agree that (i) Spark shall have exclusive third-party commercial marketing rights in New Zealand with respect to the Entrant in the field of telecommunications, including 5G; and (ii)  you will not assist or permit any telecommunications service provider or telecommunications equipment provider to create, distribute, display or perform any marketing materials in New Zealand involving your company, products, and/or content of the Fund Submission.

Privacy

 

We hold any personal information from this Fund under Spark’s privacy policy. You may access, update and correct it.

Non-disclosure agreement

 

Winners will have access to confidential information (of Spark and other companies), you may be required to sign a non-disclosure agreement in order to redeem your Prize.

Liability

 

To the maximum extent permitted by law, we have no liability to you arising out of or in connection with the Fund. To the extent that liability can’t be excluded, you agree that it will be limited, in aggregate for all claims, to $1,000.

Cancellation 

 

We may cancel the competition at any time and for any or no reason, without notice or liability to you.

Prize can’t be transferred 

 

 

The Prize can't be transferred or exchanged.  

Responsibility for costs

 

Entrants are responsible for the costs of entry and any tax or other cost arising out of submitting a Fund Submission or otherwise participating in the Fund, including from the award of any Prize. 

We may cancel the competition at any time and for any or no reason, without notice or liability to you.

No obligation

 

This agreement does not oblige either party to proceed with any business transaction, project or relationship.

Governing law

 

New Zealand law applies to this agreement. Each party submits to the non-exclusive jurisdiction of the New Zealand courts.