Terms & Conditions

(User Rules)

Open only to Legal Residents and Businesses in the United States.

1. PRESENTATION

Publicis Health is the world’s premier health-oriented agency network.  A division of Publicis Groupe, Publicis Health manages top-tier agencies specializing in promoting innovative solutions in advertising, digital, branding, message delivery, market access, and medical communications.  Publicis Health’s mission is to be the indispensable force for health and wellness business transformation through the alchemy of creativity and technology—for good. With more than 4,000 employees around the world, Publicis Health manages 17 agency brands through 40 offices located in six countries.  Publicis Health brands include Digitas Health, Discovery USA, Heartbeat, insync, Langland, Payer Sciences, PlowShare Group, Publicis Health Media, Publicis LifeBrands, Publicis Resolute, Razorfish Health, Real Science, Saatchi & Saatchi Wellness, and Verilogue.  Publicis Health Media is https://www.publicishealthcare.com/en/network/publicisHealthMedia.aspx ("PHM").

PHM’s The HealthFront™ will bring together the world’s top healthcare brands and leading healthcare publishers and services for a two-day event designed to explore the latest healthcare innovations and make unprecedented connections to the benefit of brands and their consumers. This inaugural upfront will uncover industry-specific trends, curate the most progressive products and solutions before they are available to the industry at large, and secure early mover opportunities for Publicis Groupe’s clients with the leading partners in healthcare (the "2019 HealthFront Event").

PHM has initiated a nationwide search for the most disruptive and future facing ideas in health. Our ambition is to help accelerate innovative products, technology or service solutions that help to solve some of the world’s most pressing health challenges (the “PHM Disruption Garage”).

Prior to the 2019 HealthFront Event, PHM will launch the PHM Disruption Garage around their most critical healthcare issues today and for which the start-ups meeting the relevant criteria may propose innovative products, solutions or services. During the 2019 HealthFront Event, PHM will host a live event at the 2019 HealthFront Event.

2. PARTICIPATING IN THE PHM DISRUPTION GARAGE

To be invited to present to the Lion’s Den panel of judges organized by PHM at the 2019 HealthFront Event, the start-ups (the "Participants") will need to submit an Application (as defined in section 4 below) on the HealthFront website and be selected by PHM (the "Selected Participants").

PHM is responsible for:

The Selection and the promotion are based on the knowledge, skills and talents of the Participants. They do not therefore depend on luck or chance and any law or regulation relating to gambling, lotteries, gaming for money or similar contests is not applicable to the Selection and the PHM Disruption Garage.

You may only register for the PHM Disruption Garage if (i) you are a business enterprise, legally authorized to do business and in good standing to do business in any jurisdictions in which your business enterprise operates throughout the period when the PHM Disruption Garage is being conducted and any rewards and opportunities may be provided, (ii) you have full power and authority to legally bind your business enterprise; and (iii) only employees of your business enterprise have made or will make contributions to any proposal or solution and each of them are at least 18 years old (or at least the age of majority in your jurisdiction of residence, whichever is older) at the time of registration. You may not register if you or any of your employees are not a legal resident of the United States or where the PHM Disruption Garage is void or to the extent it is prohibited or restricted by law.  In addition, employees of PHM will not be eligible to register or participate in PHM Disruption Garage. PHM may at any time request valid proof of identity, residency, age and other relevant documentation and may disqualify a registrant if PHM determines (in its sole and reasonable discretion) that the provided proof is not sufficient.

Participants are not required to make any purchase or pay any fee to register for, participate in, or receive an award or other recognition in the PHM Disruption Garage.

3. PURPOSE

By accessing The HealthFront website to submit an Application to the promotion, each Participant is deemed to have read, understood and agreed to the rules set out herein (the "User Rules") which exclusively govern the terms and conditions for the use by the Participant of the website. The User Rules form a binding legal agreement between each Participant and PHM.

4. SUBMITTING AN APPLICATION

To submit an Application, Participants need to visit the website www.PHMDisruptionGarage.com and click on the "Submit Your Solution" button.

The Participant will be able to fill out and submit online a questionnaire (the "Application") for the purpose of the Selection.

Each Participant shall be responsible for the information and materials submitted on their personal space and shall have previously obtained any and all consents, approvals, licenses or rights required for the Participant to submit the Application.

Except as otherwise stated in the User Rules or the Disruption Garage Rules, all expenses incurred by the Participants in submitting an Application and more generally participating to the Selection shall be exclusively borne by the Participants.  In furtherance of the foregoing, you are responsible for all expenses you may choose to incur in connection with the PHM Disruption Garage, including but not limited to any air or ground transportation, passports and visas, hotel accommodations, meals, beverages and any expenses associated with traveling to the HealthFront Event or any activity associated with participation in the PHM Disruption Garage.

Any other rule applicable to the Selection and the PHM Disruption Garage is provided specifically by PHM in the Disruption Garage Rules and will notably include the following:

• Eligibility criteria;
• Selection criteria and process;
• and Rewards/support granted (if any).

The Disruption Garage Rules are made available on The HealthFront website.

5. ROLE OF PUBLICIS HEALTH MEDIA

The role of PHM shall be limited to the following tasks:

• Dedicating space on the www.PHMDisruptionGarage.com website for the presentation of the promotion;
• Setting-up the website on which Participants will be able to submit their Applications;
• Collecting on the website  the information requested to submit an Application; and

6. APPLICATION REJECTION

PHM may, in their absolute discretion, reject an Application or a Participant if the Participant (or if PHM has reason to believe that the Participant) who submitted the Application has:

• provided an Application that is incomplete or illegible;
• provided false or inaccurate information in the Application, whether it is provided knowingly or by negligence;
• breached the User Rules;
• submitted an Application which: 
  • contains copyrighted materials owned by others or contains materials embodying the names, likenesses, voices or other indicia identifying any person (other than family members or members of the community who have given consent) including without limitation, celebrities or other public or private figures, living or dead;
  • contains offensive, threatening, violent, defamatory, discriminatory, inappropriate, indecent, sexual, profane, tortious or political content in any way; or
  • promotes hatred or harm against a group or person;
• attempted to undermine the 2019 HealthFront Event by cheating, deception, or other unfair practices;
• abused, threaten or harassed any other Participant, PHM, PHM’s employees;
• or breached applicable public policy regulations.

7. RIGHT TO CANCEL AND MODIFY THE USER RULES

PHM reserves the right at their sole discretion to review the User Rules from time to time and the most current version will always be posted on this page. By continuing to access or use this website or to otherwise submit an Application after the revisions become effective, you agree to be bound by the revised User Rules. If you do not agree with the revised User Rules, please withdraw your Application(s).

8. PERSONAL DATA COLLECTION

By registering and participating in the HealthFront Event, you consent to PHM using and disclosing your personal information and other information about you to third parties (whether in or outside your location of residence) including, but not limited to, participating affiliates of PHM and PHM’s and their respective clients, for the purposes set forth in PHM’s Privacy Policy, available at __________________________.  Please note any information collected by us is provided by you at your own will and with your consent.  Details of personal information you consent to provide, and how PHM and its designees may use your personal information, can be found in PHM’s Privacy Policy, available at __________________________.

9. COMMUNICATION

By agreeing to submit an Application for the Selection to participate in the PHM Disruption Garage, the Participants expressly authorize PHM, without additional compensation (unless required by law), to use, publish or communicate (regardless of the support used) the name, photos and videos of the Participant or his/her start-up, for promotional purposes, prior to, at the 2019 HealthFront Event and after the 2019 HealthFront Event for a period of two years, including in connection with the promotion of the PHM Disruption Garage.

Any other communication or publication to be made prior, during or after the 2019 HealthFront Event with respect to the Application shall be agreed upon between PHM and the Participant.

10. INTELLECTUAL PROPERTY RIGHTS

Participants may not

• use or reproduce in any manner whatsoever PHM's brand, distinctive marks or logos (or those of PHM’s affiliates), distinctive marks or logos  and brand, distinctive marks and logos related to The HealthFront; and
• file trademarks, logos and/or corporate names belonging to PHM and its affiliates nor file any trademarks, logos and/or corporate names that would be similar to those belonging to PHM and its affiliates.

At all times, before, during and after the end of the 2019 HealthFront Event, Participants undertake not to harm or take any action which may harm the image of PHM and the reputation of The HealthFront in any way whatsoever.

PHM claims no ownership over the intellectual property rights or any materials submitted in the Application by the Participants.

However, by participating in this HealthFront Event, you acknowledge and agree that any ideas or concepts related to your solution or the content that you share in connection with the HealthFront Event are not confidential or proprietary, and PHM and others may use, incorporate or disclose any of them now or in the future in any manner, and you waive any and all claims that you may have against PHM (or its affiliates, contractors and clients) or anyone else participating in or otherwise attending this HealthFront Event for such use or disclosure.

By making a submission, you acknowledge and agree that PHM may obtain many submissions in connection with this HealthFront Event and/or other marketing initiatives or challenges staged and/or offered by PHM, and that such submission may be similar or identical in theme, idea, format or other respects to other submissions submitted in connection with this HealthFront Event, such other initiatives, or for other reasons, or other materials developed by PHM or its contractors or clients. Unless prohibited by applicable law, you waive any and all claims against PHM, its affiliates, clients and/or any other participants you may have had, or may have now or in the future, that any submission and/or other works (including videos) accepted, reviewed and/or used by PHM, its affiliates, or other participants may be similar to your submission, or that any compensation is due to you in connection with such submission or other works used by PHM or its affiliates. For the avoidance of doubt, the foregoing waiver shall not impair or limit any legal rights under applicable national legislation governing consumer rights that cannot be excluded, limited, amended or waived.

11. INTERNET

PHM (or any of its affiliates) are not responsible for any malfunction of The HealthFront website or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Applications due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at The HealthFront website which may limit a Participant's ability to participate.

12. INDEMNITY TOWARDS PUBLICIS HEALTH MEDIA

Each Participant agrees to indemnify, defend and hold harmless PHM and its clients (and their employees, interns and contractors or any person which acts on behalf of or under the instructions of PHM in the context of the Selection) against liability, claims, losses, damages, costs and expenses which result from the participation of the Participant to the Selection or caused (by in particular but not limited to):

• the violation by the Participant of any laws or regulations or the User Rules;
• any incorrect or fraudulent statements of fact made by the Participant in relation to the Selection; and
• submission by the Participant of any information or material in the context of the Selection that infringes any third party rights of any kind or defames any person or violates their rights of publicity or privacy.

13. LIMITATION OF LIABILITY

PHM and its clients (or any of their respective  affiliates) shall not be liable in the following cases:

• for any direct or indirect economic loss, loss of profits and of business, loss of use or of reputation or any other loss in connection with participating in the Selection;
• in the event of an act or omission in relation to the Selection that is attributed to a PHM employee (acting outside the scope of their employment) or any person designated by PHM to assist in the organization of the Selection process;
• in the event that PHM decides not to select a Participant to participate in the PHM Disruption Garage;
• for the disqualification of an Application or a Participant; and
• for any breach of the law by the Participant in connection with the Selection or the PHM Disruption Garage.

14. APPLICABLE LAWS, SETTLEMENT OF DISPUTES AND ILLEGALITY

14.1 Governing law

These User Rules shall be governed by New York law.

14.2 Settlement of disputes

In the event of a dispute arising out of or in connection with these User Rules (a "Dispute"), the parties shall first seek settlement of that Dispute by mediation. Either party may commence mediation by sending to the other party a written request for mediation, setting forth the subject of the Dispute and the relief requested (the "Notice").

If within 14 days following the date of the Notice the parties fail to agree on a neutral third person to act as a mediator (the "Mediator") or a Mediator has not been appointed for any other reason, the Mediator shall be appointed by the AAA in accordance with the applicable rules under AAA. The place of mediation shall be New York, New York..

If the Dispute has not been settled by mediation within 60 days following the date of the Notice or within such other period as the parties may agree in writing, either party may initiate proceedings before the French courts which shall have exclusive jurisdiction to hear the Dispute.

Any Notice or correspondence in relation to a Dispute should be addressed to: thehealthfront@publicishealthmedia.com.

14.3 Illegality

The User Rules must not be released or distributed, directly or indirectly, in any jurisdiction where the release or distribution of such User Rules or the implementation of the Selection is prohibited by laws or regulations. Therefore, persons residing in such jurisdictions into which these User Rules are released or distributed must inform themselves about and comply with such laws or regulations before submitting an Application. PHM (and its affiliates) do not accept any responsibility for any violation by any person of any such restrictions.

14.4 Contact details

Any correspondence with PHM with respect to the Selection administration should be addressed to: thehealthfront@publicishealthmedia.com.