Terms and Conditions

1. Background and Introduction

Single-Use Plastic (“ SUP ”) packaging is a significant contributor to ocean plastic pollution across the globe. In an effort to combat this problem, many Fast-Moving Consumer Goods (“ FMCG ”) companies are actively looking for solutions that can help reduce the amount of plastic waste released into the environment.

In line with these initiatives, Island Climate Initiative (Pvt) Ltd. (hereinafter referred to as “ ICI ”) has launched the “Open Innovation Challenge” (the “ OIC ”) with the objective of sourcing alternatives and solutions to the overall challenge of plastic waste pollution. The OIC is funded by the United States Agency for International Development (“ USAID ”) through their Clean Cities, Blue Ocean (“ CCBO ”) Program. CCBO is USAID’s flagship program to reduce ocean plastic waste and is implemented by Tetra Tech ARD in Sri Lanka and nine other countries.

This website is created to provide information about and enable solution providers (hereinafter referred to as “ Applicant(s) ”) to apply to the OIC.

Selected Applicants will be invited to showcase and pitch their solutions to various industry stakeholders.

These terms and conditions, along with any rules made available on or through the OIC website (hereinafter collectively referred to as the " Terms and Conditions ", which includes any linked or referenced information) shall govern the participation of Applicants in the OIC. By submitting an application through the OIC website, each and every Applicant (also referred to as “ you ”) fully and unconditionally: (a) acknowledge and undertake that they have read and understood the entirety of such Terms and Conditions; and (b) agree to be contractually bound by such provisions. We therefore encourage all Applicants to carefully read and familiarize themselves with such Terms and Conditions before applying.

2. Eligibility for the OIC

1. Individuals or teams (whether registered as a partnership, company or otherwise) that have a solution to address plastic waste pollution are eligible to apply for the OIC. All individuals, team members and/or employees must be eighteen (18) years of age or older.

2. There is no requirement for any fees to be paid for submitting an application for the OIC. However, the Applicant shall be solely responsible for any and all expenses they may choose to incur in applying for the OIC.

3. ICI may, without notice and at any time at its sole and absolute discretion, disqualify any Applicant who:

1. does not meet the OIC’s eligibility criteria;

2. fails and / or neglects to comply with these Terms and Conditions; and / or

3. attempts to participate in the OIC in any manner or through any means other than as described in these Terms and Conditions, or attempts, in effect, to circumvent any of these Terms and Conditions.

 

3. Submitting an application

1. In order to submit an application, you must fill in all mandatory fields and answer all questions within the application form.

2. Applications must comply with all of the guidelines and recommendations set out on the program website.

3. All applications must be submitted in English.

4. Applications may be submitted via the OIC program website commencing from the 6th of March 2023. The submission deadline is published on the program website.

5. If the Applicant is a company, the individual submitting the application on behalf of such company hereby represents, warrants and confirms to ICI that she / he has the legal authority to submit the application on behalf of such company.

6. All Applicants further represent, warrant and  confirm to ICI that the information provided in their respective applications is accurate and will not, to the best of their knowledge: (i) infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy; (ii) violate any Applicable Law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or (iii) be libellous, threatening, or harassing.

4. The use of Information

Any information the Applicant submits to the OIC as part and parcel of submitting its application and / or using the OIC program website will only be used as follows:

1. To enable ICI, its personnel and representatives to screen, evaluate and shortlist the Applicants and their solutions as well as determine their viability for further development;

2. To seek, facilitate and obtain an opinion from an independent expert panel in shortlisting the best solutions for the challenge. ICI shall ensure that such information is only shared with relevant experts who have signed non-disclosure agreements in respect thereof;  

5. Shortlisting and selecting of solution providers

ICI, in consultation with CCBO and the expert panel, will select suitable Applicants for the solution showcase event at its sole and absolute discretion. Applicants acknowledge and agree that such decisions shall be final, binding and shall not be open to challenge or appeal. Since the OIC is looking to source innovative solutions, there will be several criteria on which applications will be judged. In determining finalists and overall award recipients, solutions will be judged on a combination of criteria – including, but not limited to:

1. The degree of creativity and uniqueness of a solution when compared to other solutions submitted to the OIC;

2. The technical soundness of the solution; and

3. The degree of robustness of the solution’s business model from a commercialization perspective.

6. Confidentiality

ICI and its employees will maintain the confidentiality of any confidential information provided by the Applicants to which they are given access by any means, and will not use, disclose or allow it to be used or disclosed other than for the purposes listed in Clause 4 above (the use of information).

7. Selection of winners and a warding of p rizes

1. ICI, in consultation with the expert panel, will select the winners from the applicants selected for the solution showcase event at its sole and absolute discretion. Applicants acknowledge and agree that such decisions shall be final, binding and shall not be open to challenge or appeal.

2. The prizes are as described on the OIC website. All prizes are non-transferable, non-refundable, non-changeable and subject to availability, and the number and value of prizes shall be determined by ICI at its sole discretion.

3. ICI reserves the right to substitute or withdraw or to award one or more or not award any prizes at all for the Challenge.

8. Intellectual Property Rights

1. An application to and participation in the OIC shall not grant (or be construed as granting) it or any third party any rights to or over the Intellectual Property of an Applicant (whether related to their application or otherwise) and that ICI shall not make or authorize any claim whatsoever to the ownership of any such Intellectual Property.

 

2. Each and every Applicant represents and warrants that their application to and participation in the OIC does not violate any agreement or obligation in respect of any invention assignment, proprietary information, confidentiality, non-solicitation, non-competition or similar agreement with any employer or other person.

3. In applying to the OIC, each and every Applicant further represents and confirms that they lawfully own all of the Intellectual Property rights subsisting, claimed and reflected in their respective applications and that it does not, to the best of their knowledge, infringe on any third party's Intellectual Property rights including, without limitation, any third-party patents, copyrights, industrial designs or trademarks.

4. Where relevant, each Applicant shall be solely responsible for obtaining any and all necessary permissions and licenses from third parties to use the Intellectual Property contemplated and reflected in their respective applications.

5. ICI reserves the right to disclose the Applicant’s identity to any third-party claiming material posted or uploaded by the Applicant to the OIC website which is alleged to constitute a violation of their Intellectual Property, or their confidentiality / privacy rights.

6. ICI further reserves the right to ask for additional evidence or documentation in order to validate that the information the Applicant has supplied is true, up-to-date and complete.

9. Limitation of Liability

1. By participating in the OIC, each and every Applicant agrees to release, indemnify and hold ICI and its affiliates, subsidiaries, advertising and promotions agencies, expert panellists, as applicable, and each of their respective agents, representatives, officers, directors, shareholders, and employees (each an “ Indemnified Parties ”) harmless from and against any injuries, losses, damages, claims, actions and any liabilities of any kind (including reasonable attorneys’ fees) incurred by any such Indemnified Party as a result of or in connection with: (a) an Applicant’s breach or violation of these Terms and Conditions; or (b) an Applicant’s breach or violation of Applicable Law or a third party’s rights and entitlements (whether proprietary, contractual or otherwise).  ICI shall also not be responsible for any miscommunications such as technical failures related to computer, telephone, cable, and unavailable network or server connections, related technical failures, or other failures related to hardware, software or virus, or incomplete, late or misdirected entries.

2. ICI reserves the absolute right to cancel, modify or suspend the OIC should any technical / administrative difficulty or other cause / event beyond the control of ICI materially alter or otherwise impact the OIC, its timeline and / or circumstances in anyway and to shortlist from among the Applicants not affected by such difficultly, cause or event, if any, at ICI’s sole discretion.

10. Disclaimers

1. Nothing in these Terms and Conditions shall constitute or be construed as creating an employment, joint venture, agency or partnership relationship between the Applicant, ICI, or their affiliates and that none of them shall have any authority to bind the others in any way except where, and to the limited extent, expressly, specifically and unambiguously set out in this Agreement.

2. The Applicant acknowledges that multiple Applicants may submit solutions that contain concepts or technologies similar to their solution and that ICI, their affiliates, subsidiaries and business partners may already be canvassing, investigating, developing and / or operating technical solutions or business activities that are related or similar to those that the Applicant discloses in their application. Accordingly, none of the aforementioned parties agree to any restrictions or commitments under these Terms and Conditions other than those explicitly and specifically set out herein.

3. Each and every Applicant acknowledges and agrees that ICI’s role and actions in connection with any solution submitted by another Applicant (whether directly or through an affiliate, subsidiary or business partner), even if similar to its solution, shall not create any liability on the part of ICI to the Applicant or any third party.

4. Neither ICI, nor their affiliates, subsidiaries and business partners shall be restricted in any way from pursuing, developing, or commercializing any technology, product or process independent of the Applicant’s solution and Intellectual Property.

11. Governing Law and Miscellaneous Provisions

1. These Terms and Conditions shall be governed by and construed in accordance with the applicable laws of the Democratic Socialist Republic of Sri Lanka (“ Applicable Law ”). Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Sri Lanka situated in Colombo. By applying to the OIC, you agree to submit to Sri Lankan law, regardless of your country of establishment, incorporation or residence.

2. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions.

3. ICI reserves the absolute right to amend, supplement or otherwise modify these Terms and Conditions at any time with prior notice to the Applicants – provided , however, that, where a given Applicant does not agree to such Terms and Conditions as modified, it may withdraw its application to OIC with prior notice in writing to ICI.

4. Each and every Applicant acknowledges and agrees that these Terms and Conditions may be executed and entered into by electronic signature (including, where applicable, by communicating such consent through a click-to-accept feature / facility provided via the program website), which shall be considered an original signature for all intents and purposes and shall have the same force and effect as an original “wet-ink” signature of a Party. By executing the above (whether by electronic signature or otherwise), Applicants agree and undertake to be contractually bound by and to adhere to the provisions of these Terms and Conditions.