NurseHack4Health Pitch-A-Thon

APPLICATION TERMS 

By submitting the requested information (“Application”) as part of this NurseHack4Health Pitch-A-Thon (“Pitch-A-Thon”), you on behalf of yourself and/or your company (“Applicant” or “You”) agree to abide by these Application Terms (the “Terms”), the terms and conditions of our vendors, OpenWater Software Inc  [https://www.getopenwater.com/privacy-policy/], and the decisions of Johnson & Johnson Services, Inc (JJSI), Microsoft, Society of Nurse Scientists Innovators Entrepreneurs & Leaders (SONSIEL), #FirstRespondersFirst and ALL IN Well-Being First for Healthcare (the “Collaborators”) which shall be final and binding in all respects. 

The Collaborators reserve the right at their sole discretion to suspend, modify or terminate the Application process and the Terms at any time and for any reason. 

By submitting an Application, Applicant warrants that no information provided as part of the Application IS OR can be deemed confidential OR proprietary considered a trade secret, or privileged.

Applicant acknowledges and agrees that a confidential relationship is not established or implied by the Collaborators’ acceptance or consideration of an Application. All submissions are voluntary and submitted on a non-confidential basis only. Applicant acknowledges and agrees that the Collaborators to this Pitch-A-Thon shall have the right to consider all information disclosed in the Application as non-confidential and have the right to disclose all such information to its internal employees and consultants and to any third party, at any time and for any purpose.

The Pitch-A-Thon will be announced via email, press release and/or a social media post (collectively, the “Pitch-A-Thon Announcements”).  A Pitch-A-Thon Announcement will include how to apply, the application deadline and the award for the Pitch-A-Thon (“Award”).  All information contained in a Pitch-A-Thon Announcement is incorporated herein by reference. To the extent that there is a conflict between a provision of the Pitch-A-Thon Announcement and these Terms, these Terms shall prevail with respect to such provision.

WHO CAN PARTICIPATE: Applications should only be submitted by authorized representatives of Applicant applying for the Pitch-A-Thon. To qualify, each Applicant must be a nurse-led health system team from a 501(c)(3) healthcare organization or fiscal partner and must submit an idea that addresses workforce well-being/environment challenges. Pitch ideas should be aligned to one of the following four evidence-based focus areas to support workforce well-being as identified by a collaboration of experts supporting clinician well-being in partnership with ALL IN: WellBeing First for Healthcare and the National Academy of Medicine.

1.  Adjust expectations. These are not normal times. Give clinicians more flexibility and autonomy.

2.  Get rid of stupid stuff. Ideas to improve efficiency or improve environment.

3.  Get radical to shore up staffing. Get frontline teams the help they need.

4.  EAP is not enough. Do more.

Applicants are responsible for complying with any employer policies related to participating in programs of this nature, including, but not limited to obtaining any necessary consents from their company to participate and to provide the information required for the Application and to submit it.

The Collaborators reserve the right to limit or restrict participation by any person, at any time, for any reason, including, but not limited to, due to U.S. government debarments, exclusions, sanctions and restrictions on transactions or other activities with certain countries, individuals and entities.

HOW TO SUBMIT AN APPLICATION:  Visit www.nursehack4health.org and follow the directions provided to complete and submit the Application.  You represent that all information provided as part of the Application is truthful and accurate.  Limit one (1) Application per Applicant per Pitch-A-Thon.  All Applications become the property of the Collaborators.  All Applications must be received by the deadline stated. All applications need to be submitted in the English language.

By submitting an Application, Applicants represent and warrant that:        

1. all information contained in the Application is original to the Applicant or the Applicant has secured all rights to submit the Application;

1. no information is or can be deemed confidential or proprietary, considered a trade secret or privileged;

1. neither the Applicant’s Application nor the Collaborators use of the Application (or information contained thereon), in whole or in part, violates the right(s) of any third party;

1. all activities contemplated by the Applicant’s pitch are lawful

2. the Application does not contain offensive or libelous material, is truthful and not misleading;

1. the Applicant has considered and complied with all contractual and/or confidentiality commitments that may be applicable to the Application, including compliance with (local) privacy laws and regulations, data use policies, policies governing disclosure of company information, agreements with third parties, and any other company policies or commitments that may be applicable; and

1. Applicant has submitted the Application in accordance with these Terms.

The Collaborators withhold the right to refuse any Application and Applicant at any time during the Pitch-A-Thon in case the Applicant is in non-compliance with or in breach of any of these Terms.

Applicant understands and agrees to be responsible for applying for any necessary intellectual property protections in connection with any information provided as part of the Application, including, but not limited to, any patents, prior to submitting the Application.  Applicant acknowledges and agrees that the Collaborators are not responsible and will have no liability for any claims or actions associated with Applicant’s failure to do so.

Each Applicant understands and acknowledges, to the extent permitted by law, that: i) The Collaborators have wide access to ideas, designs, protocols, methodologies and other materials (collectively, “Ideas”), and those new Ideas are constantly being submitted to it or being developed by their own employees; ii) many Ideas may be competitive with, similar to, or identical to content in the Application and/or each other in concept, approach, format, or other respects; iii) Applicant will not be entitled to any compensation as a result of the Collaborator's development or use of any such similar or identical material that has or may come to the Collaborators, or any of them, from other sources. Except where prohibited by law, each Applicant acknowledges and agrees that the Collaborators do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Applicant or any third party’s copyright, patent or other intellectual property right in and to the submission. Finally, to the extent permitted by law, each Applicant acknowledges that, with respect to any claim by Applicant relating to or arising out of any of Collaborators actual or alleged exploitation or use of any Application or other material submitted in connection with the Pitch-A-Thon, the damage, if any, thereby caused to the applicable Applicant will not be irreparable or otherwise sufficient to entitle such Applicant to seek any injunctive or other equitable relief or in any way enjoin, otherwise interfere with, delay, or interrupt the production, distribution, exhibition, or other exploitation of any production based on, or allegedly based on, the Application, and, to extent permitted by applicable law, Applicant’s rights and remedies in any such event shall be strictly limited to the right to recover reasonable and documented out-of-pocket costs associated with entering the Pitch-A-Thon, if any, in an action at law.

ACCOUNT, PASSWORD AND SECURITY: As part of the registration process required to submit an Application, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify the Collaborators of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Collaborators cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that the Collaborators shall be the sole arbiter of such dispute in their sole discretion and that the Collaborators’ decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

PRIVACY: The Collaborators are committed to protecting the privacy of Applicants. Please see NurseHack4Health Privacy Policy for more information.

The Collaborators shall use and take care of any personal information you supply to it in accordance with their respective privacy policies and in accordance with data protection legislation. By submitting an Application, limited personal information, such as your name and your basic business contact details as representative from the Applicant can be requested for the evaluation of the Application and Award handling only. By submitting an Application, the Applicant agrees to this transfer. The collection, retention, usage and distribution of any personal information included in the Application in order to process and contact the Applicant for the purposes is outlined in the paragraphs below.

Your personal information will not be shared with 3rd parties, nor will it be used for any other purpose, unless you gave your explicit consent or did opt-in to receiving (marketing) communications from the Collaborators. Your personal information will not be kept for longer as strictly necessary, and the Collaborators will delete any personal information they might become aware of after evaluation of applications and awarding the Award or in the event you decide to opt-out for future (marketing) communications.

APPLICANT SCREENING AND SELECTION:  Pitch-A-Thon Applications will be reviewed for eligibility and eligible Applications will be judged based on the following criteria: Uniqueness of the idea, potential impact on human health, feasibility of the idea, thoroughness of approach, and identification of key resources and plan to further idea.  

No part of the application process or subsequent screening and selection process should contain information that is or could be deemed confidential or proprietary, considered a trade secret or privileged.

Applications submitted for the Pitch-A-Thon may be transmitted to/from the United States and will be reviewed by an independent selection committee.

Presentations: A select number of Applicants (“Selected Applicants”) may be invited to present their proposals addressing at least one of the categories above before an independent judging committee (i.e., does not include Johnson & Johnson representation). All details of the presentations will be provided to Selected Applicants at time of notification, including, without limitation, date and time of production and any guidelines with respect to what must be presented and how. 

The Pitch-A-Thon Finalists (“Finalists”) will be determined by an independent judging committee (i.e., does not include Johnson & Johnson representation). Decisions of the judging committee are final and binding in all matters. Finalists will be required to execute and return an Applicant Agreement and Release and other documentation within a time period specified by the Collaborators. If such documents are not returned within the specified time period, a Finalist cannot be contacted within a reasonable time period or is not in compliance with these Terms, such Finalist will be disqualified and another eligible Applicant may be selected as a Finalist in accordance with these Terms. Finalists who execute and return an Applicable Agreement and Release and other documents shall be deemed Pitch-A-Thon Awardees.  Pitch-A-Thon Awardees will be announced on the date specified in the Pitch-A-Thon Announcement.

AWARD: The Award will be set forth in the Pitch-A-Thon Announcement.  The exact value of the Award will be provided to Pitch-A-Thon Awardees. The Award may not be substituted, assigned or transferred or redeemed for cash, however the Collaborators reserves the right, at its sole discretion, to substitute an Award (or portion thereof) with one of comparable or greater value.  The Collaborators also reserve the right to not provide any or all of the Award and or revoke any such Award or a portion of it, at any time, for any reason, acting in its sole and absolute discretion. Pitch-A-Thon Awardees are responsible for all applicable federal, state, provincial and local taxes, if any, as well as any other costs and expenses associated with Award acceptance and use not specified herein or in the Pitch-A-Thon Announcement as being provided.  Each Pitch-A-Thon Awardee agrees in return for the Award to provide #FirstRespondersFirst at the end of the initial twelve (12) month award period with a non-confidential report, summarizing the background, methods, and key results from its research.

PUBLICITY GRANT:  By submitting an Application, each Pitch-A-Thon Awardee agrees to the use by the Collaborators of Applicant’s name, company name, trademarks and logos, city and province/state of residence, images and/or likenesses for advertising and publicity purposes, in any manner, in any and all media, now or hereafter known, worldwide in perpetuity, without compensation (unless prohibited by law) or additional consents and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.

RELEASE OF LIABILITY:  By submitting an Application, to the extent permitted by law, Applicants agree to release, discharge, hold harmless and indemnify the Collaborators and advertising and promotion agencies, OpenWater, partners of the Pitch-A-Thon, and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind (including, without limitation, arising from claims based upon invasion of privacy, defamation, or right of publicity) to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Applicant’s participation in the Pitch-A-Thon and/or the use of the Award or any Released Party’s use of any information provided as part of the Application.  

TAX INDEMNITY: Pitch-A-Thon Awardees are responsible for and will indemnify and hold the Collaborators harmless for all applicable federal, state, provincial and local taxes, if any, as well as any other costs and expenses associated with the Award, Award acceptance and use.

DUE DILIGENCE REVIEW: As an Applicant of this Pitch-A-Thon, you may be asked to participate in a due diligence review.  The purposes of the review are to ensure that you comply with all applicable anti-corruption policies and anti-corruption laws, which is a requirement for any Pitch-A-Thon Awardee.  This process may require relevant personal information about your management, key staff, agents and other individuals (collectively referred to as “Individuals”), which may include their names, job titles, criminal and judicial background and connections to government officials, as permitted by applicable law.  Where necessary or appropriate, information you provide may be combined with other information provided by the Collaborators in the Pitch-A-Thon or designated due diligence providers.  Your provision of personal information about Individuals is voluntary, but failure to provide requested information may make you ineligible as an Applicant. As part of its review and approval process, Collaborators of this Pitch-A-Thon may make the information available to their authorized employees or partners.  Personal information may also be made available to external due diligence providers. In addition, personal information may be disclosed to a governmental authority, only as required or permitted by applicable laws, regulations or court orders or pursuant to a valid request. Accordingly, personal data may be transmitted or transferred to countries that have different privacy or data protection regimes than in your country and outside the European Economic Area, which the European Union has determined currently lack appropriate privacy laws providing an adequate level of privacy protection. Parties will apply adequate privacy safeguards, such as intercompany arrangements or such other safeguards required by applicable law to protect such personal data.

To the extent permitted by law, Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled Applications; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Pitch-A-Thon or the Application process, including, without limitation, errors or difficulties which may occur in connection with the administration of the Application process or in any Application and Pitch-A-Thon-related materials.  Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Application process or the Pitch-A-Thon.  Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Application process or downloading materials from or use of the website.  Persons who tamper with or abuse any aspect of the Application process or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Terms, as solely determined by the Collaborators, will be disqualified. The Collaborators reserves the right at its sole discretion to suspend, modify or terminate the Application process at any time and for any reason.  CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE APPLICATION PROCESS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE COLLABORATORS RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Void where prohibited by law. Pitch-A-Thon is subject to all applicable federal, provincial, state and local laws.

CHOICE OF LAW: To the extent permitted by law, Applicant understands that any and all legal actions or claims arising in connection with this Pitch-A-Thon must be brought in a court of competent jurisdiction in the State of New York. Applicant agrees, to the extent permitted by law, that: (1) any and all disputes, claims and causes of action arising out of or connected with the Pitch-A-Thon or any grant provided shall be resolved individually, without resort to any form of class action, (2) any and all claims, judgments and grants shall be limited to actual out-of-pocket costs incurred, and in no event will Applicant be entitled to obtain attorneys' fees or other legal costs; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) Applicant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.  New York law, without reference to New York choice of law rules, governs the Pitch-A-Thon and all aspects related thereto.