Terms & Conditions

Terms and Conditions applicable to the participating startups of The Cage, an initiative to be launched by LCJG Limited (the “Company”) in cooperation with its related companies (individually and collectively the “Group Companies”), to run a competition to identify and mentor winning startup companies (the “Initiative”).

 

  1. Submission of entry and eligibility
    • The Company will commence accepting entries (the “Entry”) for the Initiative through thecage.io (the “Website”) from January 9, 2017, 9:00 am (Hong Kong Time) (the “Commencement Date”) to March 26, 2017, 11:59 pm (Hong Kong Time).
    • The Initiative is open to any individual aged 18 or above who is eligible to attend the pitch night/exhibition in-person as well as stay in Hong Kong for the duration of the Initiative. The minimum number of individuals per startup is two (the “Startup”).
    • Employees of the Group Companies, its subsidiaries, affiliates or other parties are not eligible to participate in the Initiative.
    • The Company reserves the right, in its sole discretion, not to proceed with an Entry if such Entry has been submitted by an immediate family (spouse, parent, sibling or children) or household member of an employee of the Group Companies, its subsidiaries, affiliates or other related parties, if the Company believes that there is a risk of conflict or potential conflict of interest in processing the Entry.
    • Each Startup can submit more than one Entry but each Entry has to be of entirely different concept/business model.
    • By submitting the Entry to the Company, you agree to abide by terms, conditions and rules set out in these Terms and Conditions.
    • Entries must be submitted in English in the form specified and in accordance with the requirements detailed on the Website.
  2. Entrance requirements
    • Entries must be your original work and shall not infringe any third party intellectual property rights. The Entries must not contain any defamatory, obscene or any other materials which violate any applicable laws. The Company may reject an Entry if the requirements are not fulfilled.
    • You may submit an Entry for the Initiative free of charge but you shall be solely responsible for all costs and expenses for participating in the Initiative including but not limited to costs and expenses related to submission of an Entry, the production of the Entry and transportation, accommodation or any other related fees during any process in the Initiative.
  3. Judging process and criteria
    Process:

    • A number of Startups will be shortlisted first by a selection committee, comprising five representatives from the Group Companies (the “Selection Committee”), then by a review committee, comprising another five representatives from the Group Companies (the “Review Committee”), to the interview round. Interview notifications will be sent out before April 11, 2017 and interviews will take place on April 12-21, 2017.
    • After the interview round, six startups will be selected by the Review Committee to move onto the pitch night/exhibition. Notifications will be sent out before April 22, 2017 and the pitch night/exhibition will take place on April 27, 2017.
    • During the pitch night, there will be a judging panel, comprising five representatives from the Group Companies (the “Judging Panel”), who will judge the presentation (5-minute pitch, 3-minute Q&A) and select two winning startups.

    Criteria:

    • Entries will be judged by the Selection Committee, Review Committee and subsequently the Judging Panel according to the following criteria. Each criterion will have an equal weighting:
    • Idea: retail-relevant technology which solves a problem and has a unique competitive advantage;
    • Business fundamentals: feasibility and sustainability of the concept;
    • Team skills: a team of at least two or more that collectively has a balanced skill set as well as the right skill set for the concept;
    • Proof of concept: has a prototype with some past validation;
    • Impact: the ability for the Startup to benefit by participating in the Initiative and potentially enter into a commercial agreement with one or more Group Companies upon completion of the Initiative; and
    • Team dynamics: the team’s passion and coachability (this criterion is only applicable during the interview round and pitch night)
  4. Prize
    • The two winning Startups will each receive the following prizes (collectively the “Prize”):
    • (i) HK$50,000 cash prize (50% of the cash prize will be paid at the beginning of the programme and the remaining 50% at the end of the programme)
    • (ii) Tailored mentorship and commercial guidance by a dedicated, tight-knit community of global industry experts and entrepreneurs
    • (iii) Direct access to key decision makers within the Company’s ecosystem
    • (iv) Customised speaker sessions and panels on topics relevant to strengthening business fundamentals
    • (v) 12-week residency and supporting infrastructure at no charge
    • The Company reserves the right to alter or substitute the Prize at any time without prior notice in its sole discretion. Details of the Prize published in the Terms and Conditions will prevail.
  5. Intellectual property rights
    • All present and future rights, title and interest in any trade mark, patent, copyright, discovery, invention, design, idea, method, secret process or improvement in procedure or other works related thereto devised or created by you, alone or with others, and in each case whether registered or unregistered and including applications for the grant of any such rights, of the Entry or otherwise, which you can demonstrate by written records and not been paid for directly or indirectly by the Group Companies (the “Startup’s Intellectual Property”) remains your property and vests with you.
    • You agree to grant the Company, its authorised users, assignees and successors-in-title a non-exclusive, perpetual, royalty-free, irrevocable, worldwide, transferable and sub-licensable licence, to exercise all rights in relation to the Startup’s Intellectual Property as is necessary for the Company to conduct the Initiative, deliver the Prize and conduct any future marketing activity.
    • This Clause shall survive the termination of these Terms and Conditions.
  6. Disclaimer
    • The Group Companies assume no responsibility whatsoever for the contents of the Entry or any liabilities arising therefrom. Any disputes arising from the Entry, including but not limited to Intellectual Property Rights infringement claims, shall be resolved between the parties concerned without involvement of the Group Companies. If a claim is made against the Group Companies which arises from or relates to the Entry, including but not limited to Intellectual Property Rights infringement claim, you undertake that you will give the Group Companies all necessary assistance as may be required by the Group Companies in connection with such claim. You shall indemnify and keep the Group Companies fully and effectively indemnified against all actions, costs, claims, demands, damage, expenses (including without limitation the fees and disbursements of lawyers, agents and expert witnesses) and any awards and costs which may be agreed to be paid in settlement of any proceedings (where that settlement has first been proposed or approved in writing by or on behalf of the Startup) and liabilities of whatsoever nature arising out of or in connection with any allegation and/or claim that the use or possession of the Entry is improper or unlawful or infringes any Intellectual Property Rights of a third party. This indemnity shall survive the expiry or termination of the Initiative and these Terms and Conditions and shall continue in full force and effect notwithstanding such expiry or termination.
    • The Company will not under any circumstances be liable to you for any costs, expenses, loss or damage whatsoever arising out of or in connection with the Initiative irrespective of, including but not limited to whether the Company actually proceeds with the Initiative, whether the Company properly maintain the network systems which support the Website or whether the Company provides the Prize as advertised.
    • In these Terms and Conditions, “Intellectual Property Rights” means patents, trademarks, service marks, trade names, design rights, copyright, domain names, database rights, rights in know-how, new inventions, designs or processes and other intellectual property rights of whatever nature and wherever arising, whether now known or hereafter created, and in each case whether registered or unregistered and including applications for the grant of any such rights.
  7. Confidentiality
    • You may not at any time disclose to any third party any Confidential Information relating to the Group Companies, its personnel, owners, business partners (each a “Disclosing Party” or collectively the “Disclosing Parties”) or its commercial operations, unless authorised to do so in writing.
    • For the purpose of this term, “Confidential Information” means any of the following relating to the Disclosing Parties, whether original, duplicated, computerized, memorized, hand-written, or in any other form which contains information which is of a confidential nature: (a) trade secrets, know-how, patents, copyrights, trademarks and technical specifications; (b) non-public information concerning financial data, business plans, valuation models, product development, customer lists, marketing plans, employee lists, information regarding customers, employees, distributors and suppliers (including without limitation leads or prospects and personal data, (such as contact details and financial information)); (c) documents/information about marketing, sales products and investment research; (d) documents/information about persons associated or employed by the Group Companies including personnel files, performance evaluations and compensation information; and (e) any information which you have been told is confidential or which you might reasonably expect any Disclosing Party would regard as confidential, or any information which has been given to any Disclosing Party in confidence by customers, suppliers and other persons;
    • The obligation in term 7 shall not apply to any information which you can show was known to you or is in the public domain other than through a breach of any obligation of confidentiality owed to any Disclosing Party or is required to be disclosed by law.
    • For the avoidance of doubt you shall not disclose to any third party details of these Terms and Conditions to any third party without the prior written consent of the Disclosing Party.
    • Upon expiry or termination of the Initiative, you shall promptly return any confidential information supplied to you by any Disclosing Party during the term of the Initiative or otherwise to the relevant Disclosing Party.
  8. Privacy
    • A Disclosing Party may provide you with its customers’ or employees’ personal data pursuant to these Terms and Conditions. Such personal data may only be used for the purpose of fulfilling your obligations in the Initiative (and must be deleted/ destroyed by you as soon as it is no longer necessary for such purpose). You agree that, in addition to treating such personal data as Confidential Information (pursuant to term 7) you will: (a) comply with all of the Disclosing Party’s instructions in relation to such personal data (including its use and storage); (b) not use such personal data for any purpose other than to perform your obligations under these Terms and Conditions; (c) take all reasonable measures to protect such personal data (while in your possession) from unauthorized access, usage or loss; (d) not transfer such personal data to any third parties or to any countries outside of China (except with the Disclosing Party’s prior written consent); (e) promptly give the Disclosing Party all assistance it requires to enable it to comply with all applicable laws; and (f) ensure that such personal data is only accessible to those who need to have access to it in order to perform your obligations under these Terms and Conditions.
  9. Image release
    • You agree to grant the Company permission to content using your name, your images created in connection with the Initiative and the Startup’s Intellectual Property including the Startup’s trademarks, trade names, logos and alike (the “Content”) for any of its present and future commercial or non-commercial purposes in any media on a worldwide basis, including, without limitation, in the Company’s printed publications, presentations, promotional materials, in the Company’s advertising or on the Company’s website or social media platforms or outdoor advertising (the “Specified Purposes”) in their original format or edited or altered in any way which the Company deems appropriate during the Initiative.
    • You agree to the Company storing copies of the Content for the Specified Purposes and transferring or disclosing the Content to any third party service provider engaged by the Company in order to fulfill the Specified Purposes.
    • The Company accepts no liability whatsoever, howsoever arising, from use of the Content by a third party in any media or for any purpose whatsoever, where such use is made without the Company’s permission.
    • To the extent that the Content constitutes “personal data” the collection, use, storage and disclosure of the Content are subject to applicable data privacy law.
  10. Miscellaneous
    • Any breach of these Terms and Conditions by a Startup will invalidate its Entry and result in its immediate cancellation of the Entry including a winning Entry.
    • The Company reserves the right to remove an Entry that is cancelled for any breach of these Terms and Conditions or applicable laws.
    • The decision of the Company to cancel any Entry shall be final.
    • Following any cancellation of a winning Entry the Company will be entitled to select and announce another winning Entry.
    • The decision of the Judging Panel will be final.
    • Notwithstanding anything stated otherwise in these Terms and Conditions, the Company has no obligation to accept or promote any Entry.
    • The Company reserves the right to cancel, terminate, modify or suspend the Initiative and the right to modify any terms, conditions and rules in these Terms and Conditions including but not limited to altering or substituting the Prize unilaterally without prior notice for any reasons at any time at the Company’s sole discretion.
    • In case of discrepancy between these Terms and Conditions and details of the Initiative published on the Website, details published on the Website shall prevail.
    • Should any dispute arise, the decision of the Company shall be final.
    • Startups are aware that all Entries are subject to these Terms and Conditions.
  11. Third Party Rights
    • (a) Subject to sub paragraph (b) of this clause, Group Companies (each a “Third Party” or collectively “Third Parties“) may enforce the terms and accordingly shall have the benefit of those provisions in these Terms and Conditions which are, or are stated to be, for their benefit, subject to and in accordance with the provisions of the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) (“Third Parties Ordinance“).
    • (b) The parties to these Terms and Conditions may by agreement terminate, rescind or vary these terms and conditions (including this clause) at any time and in any way without the prior consent of or notice to any Third Party.
    • (c) Except as provided in sub paragraph (a) of this clause, these Terms and Conditions are not intended to be enforceable by virtue of the Third Parties Ordinance by any person who is not a party to these Terms and Conditions.
    • (d) Notwithstanding the Third Parties Ordinance, you will have no right to enforce these Terms and Conditions against any party other than a party to these Terms and Conditions.
  12. General
    • You may not assign or sub-contract your rights or delegate any of your obligations under these Terms and Conditions without prior written consent of the Company.
    • These Terms and Conditions contain a complete statement of all the arrangements between the Parties regarding its subject matter and supersede any previous arrangement whether oral or in writing. The failure of the Company to insist upon strict adherence to any of these terms shall not be construed as a waiver or deprive the Company of the right thereafter to insist upon strict adherence to any of these terms (including without limitation the right to seek liquidated damages or take legal action).
    • If any of these terms is invalid or unenforceable, the remaining terms shall remain in effect.
    • The headings in these Terms and Conditions are solely for convenience of reference and shall not affect its interpretation.
    • References to applicable laws and regulations include any amendments to those laws and regulations made from time to time.
    • All notices, requests, demands and other communications which may be given or are required to be given under these Terms and Conditions shall be in writing.
    • These Terms and Conditions shall be governed by the laws of Hong Kong (SAR) and shall be subject to the non-exclusive jurisdiction of the Hong Kong Courts.