INTRODUCTION

This IDEAHACK ON GLOBAL CONSUMER INTELLIGENCE CHALLENGE 2019 (“Challenge”) is organized by Dattel Sdn Bhd (“Dattel”), a leading Consumer Intelligence company that gathers and provides omnichannel consumer data that are accurate, agile, deeper, wider and faster for holistic understanding of consumers across ASEAN. With Dattel’s products and services, businesses are empowered with actionable insights of consumers and develop the right strategies at the speed of business.

OBJECTIVES

The consumer behaviour has become extremely complex and constantly evolving. The rapid pace of Industrial Convergence that is driven by technological advancement and digitalisation requires us to view consumers beyond singular lens. Join us on a mission to understand consumers in ways that goes beyond traditional approach. We want to be able to do so at the speed of business as consumers have become hyper connected.

PARTICIPATION & CONFIRMATION

1. Eligibility
This Challenge is open to all members of the public from around the globe who are 18 years old and above. The participant(s) may be either:

• Individuals; or
• Team of maximum three (3) individuals which includes but not limited to Startups, Research or Educational Institutions.

Participants shall be subject to proof of eligibility and suitability requirements as stipulated within these terms and conditions (“Terms & Conditions”) and as determined by Dattel.

If your participation is through a team, appoint and authorise one (1) individual team member (“Representative”) to represent, act and submit the application on behalf of the team. This Representative will be the point of contact for Dattel. By submitting the application of behalf of the team, the Representative represents and warrants that he/she is the authorised representative of the team and that:-

I. the details of the other members of the team as submitted by the Representative are accurate and up-to-date; and
II. the Representative has obtained the consent from each team member for the collection and processing of their personal data (as defined in the
III. the Representative is authorised to accept these Terms & Conditions on behalf of all the members of the team.

All members of the team must register for the Challenge. Change of members is allowed at any time prior to the Pitch Day, and must be informed to the event organisers via the given email: ideahack@dattel.asia

2. Application
Application will open on the 1st October 2019 (00:01 a.m, Malaysian time) and end on 30th November 2019 (23:59 p.m, Malaysian time). There is no fee for participation.

3. Acceptance Requirements
All your presentation, video and materials submitted must be in English.

You warrant and represent that your idea submission: –

(i) is your team’s original work and consist of intellectual property that you own or have procured permission from the owner to use; and
(ii) is not currently or will be funded or compensated, in whole or in part by any third party, to be commercially exploited or accelerate the Idea to market; and
(iii) will not exploit or introduce any bugs in Dattel’s existing platform; and
(iv) does not infringe any intellectual property rights of another party including but not limited to copyright, trademarks or service marks, or breach any rights of privacy, publicity or other rights of any person or entity which may bring Dattel and/or its related and affiliated corporations into disrepute; and
(v) does not violate any laws or regulations.

You must make your Idea submission available to Dattel, without any restriction and you shall grant the license and right or procure the license and right for Dattel and the judges to use, test and evaluate the idea without any charge. If your Idea runs on proprietary or third-party software and/or hardware, including those on devices or wearable technology, you must provide us with access to such software and/or hardware.

The Idea submitted and presented is solely the responsibility of the team and the team takes full and complete responsibility to ensure that the rights of ownership, originality and functionality of the Idea is well within the limits of the law.

Your submission must not have any information or content that is false, fraudulent, deceptive, misleading, defamatory, libellous, slanderous, disparaging, threatening, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual or third parties.

4. Challenge Entry
If you intend to participate in the Challenge, you are required to register at ideahack.dattel.asia and submit the following:-

• Item 1
  A video pitch of your idea (maximum 3 minutes) via URL link through Youtube or Google Drive that should be made accessible to the judging panel for shortlisting; and
• Item 2
  Power point slides or PDF presentation of the below details;-

 Area of consumer journey tackled
 Description of solution
 Technical concept implementation
 Team member brief

All idea submissions must be based on the given themes. Anything outside of the stipulated themes will not be considered by Dattel.

One individual may only be part of one (1) team. Each team may submit more than one (1) submission. Only fully completed applications will be considered for the Challenge.

After closing of submission for applications, the shortlisting and selection of the successful teams will take place based on our selection criteria which is at our sole and absolute discretion. Upon submission of your application, you will receive an email confirmation from us where we will notify the date where we will inform whether your team have been shortlisted for the Final Round of the Challenge.

5. Final Round
The number of finalists chosen to advance to the Final Round is at our sole and absolute discretion. If your team is shortlisted to enter the Final Round, your team will be invited to a one (1) day Pitching Session where you will be able to present your working solution and any device associated with it (“Idea”). You will also be briefed on the evaluation criteria for the Challenge.

6. Pitching & Presentation Session

• Pitch Preparation Day
  You are given twenty (20) days from the date of the shortlisting announcement date or such other duration as may be stipulated by us from time to time to improve your pitching deck (if required) to be presented on the Pitching Session.
• Pitching Session/Pitch Day
  You are required to showcase and demonstrate your solution to a panel of judges.

You hereby agree that the team or any member of the team will attend and participate in the sessions of the Pitch Day and we are entitled to forfeit your entry is you fail to attend such sessions for any reason whatsoever.

Whilst we may provide opinions, suggestions, advice, information and assistance to you during the Challenge, we do not guarantee the viability of any business concept presented or pursued by you nor is there any promise of success and earnings. You acknowledge and understand that none of the opinions, suggestions, advice, information and assistance provided during the Challenge shall be deemed as professional advice. You are advised to seek your own independent advice from the professionals.

EVALUATION, PRIZE & SELECTION OF WINNERS

1. Judging
Dattel will appoint a judging panel at its sole and absolute discretion.

2. Prizes
The total value of prizes to be won are as set out below:-

• First Prize         – US Dollar One Thousand Five Hundred (USD 1,500.00) only; and
• 1st Runner-Up – US Dollar Five Hundred (USD 500.00) only; and
• 2nd Runner-Up – US Dollar Two Hundred (USD 200.00) only.

Dattel reserves the right to :-

I. replace or substitute the types and value of prizes as we deem fit, in whole or in part, if Dattel is not able to award the prizes as described for any reason; and
II. revoke and seek the return of any award of the prizes if we find that your team or any member of the team breached any rules or the Terms & Conditions.

Each team is limited to one (1) prize per team. If your team qualifies for more than one prize, the higher prize will be awarded to you and the lower prize will go to the next-ranked team.

The prizes are non-assignable and non-transferrable to any third parties.

3. Evaluation & Selection of Winners

Each eligible entry will be judged by a panel of judges selected by Dattel, which may include the audience of participants. Judges will review the eligible entries and any demonstration or presentation of the eligible entry and select the potential winning individual and/or team.

Judges will evaluate eligible entries on the following criteria:
a. Relevance/Feasibility
b. Innovation
c. Impactful

Each Judge will select the eligible entry that he/she fulfilled the above criteria. Each of the criteria will be equally weighted. In the event of a tie, the tie will be broker through a means selected by Dattel in its sole and absolute discretion, which may, without limitation, include a re-vote involving just the eligible entries that were tied.

DATE, DURATION & PLACE

The Challenge is to be held or begin on 1st October 2019 until 30th November 2019 (“Duration”). All applications for the Challenge must be submitted via the link on or before the 30th November 2019 by 11.59 p.m. Malaysian time. Any submission thereafter would not be considered nor entertained for the Challenge.

INTELLECTUAL PROPERTY RIGHTS, GUARANTEES & RELEASE OF RESPONSIBILITY

Intellectual Property
There is no assignment or transfer of any existing intellectual property rights owned by the respective parties. Neither party shall contest ownership of all or part of the other party’s existing intellectual property rights. You shall own the intellectual property rights to the Idea submitted, created or developed by you during the Challenge.

All information, materials, tools, processes, concepts and strategies provided by Dattel under the Challenge including but not limited to text, illustration, graphic, image, interfaces, video, music or audio recording, logo etc. (“Intellectual Property”) belongs to Dattel and are confidential and subject to intellectual property rights which are vested exclusively in Dattel. Unless expressly permitted by Dattel, you may not copy, download, reproduce, modify, publish, distribute, transmit, adapt, create any derivative works or sell such Intellectual Property.

You and/or the members of your team agree to and hereby grant Dattel a fully paid-up, royalty-free, perpetual, non-exclusive, sub-licensable worldwide license for non-commercial use of your Idea submitted, created or developed during the Challenge, and further agree to grant Dattel the first right of refusal to negotiate in good faith for a license for commercial use of your Idea submitted, created or developed during the Challenge or any part thereof. If you intend to further develop or commercially exploit your Idea or any part thereof or transfer or assign the intellectual property rights of your Idea or any part thereof to a third party at any time after the completion of the  Challenge, you shall grant Dattel the first right of refusal to opt to work with you in your further development or to acquire the intellectual property rights in your Idea before you communicate such intention with anyone else.

You agree to inform Dattel on any changes or modifications made to the Idea or part thereof within fourteen (14) days from the date of the change or modification.​

Indemnity
To the maximum extent permitted by law, you and the members of your team agree to defend, indemnify and hold Dattel, its directors, officers, employees, representatives and agents and sponsors harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from:

I. any submission or material uploaded or otherwise provided by you that infringes any copyright, trademark, trade secret, patent or other intellectual property right of any party; or defames any person or violates their rights of publicity or privacy; and
II. breach of any representations and warranties set forth herein and made by you in connection with the Challenge; and
III. any non-compliance and breach by you of these Terms & Conditions and rules of the Challenge; and
IV. claims brought by persons or entities other than the parties to these Terms & Conditions arising from or related to your involvement with the Challenge; and
V. acceptance, possession, misuse or participation in any activity related to the Challenge; and
VI. any breach of applicable laws.

Disclaimer

IN NO EVENT WILL DATTEL BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE CHALLENGE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT DATTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

CONFIDENTIALITY

You agree that your ideas, information, data, strategies, business concept and processes which you disclose during the Challenge are not confidential and Dattel is absolved from any implied confidentiality obligations.

SPONSORS

The Challenge is supported by various organisations or government bodies that will co-host the Challenge.

PERSONAL INFORMATION/PERSONAL DATA

The personal information/personal data supplied by you when entering this Challenge will be used by Dattel in accordance with its privacy policy in the Dattel’s Privacy Policy. Please refer to the Dattel’s Privacy Policy by visiting the website (at https://www.dattel.asia/en/privacy-policy) for more information as entry in this Challenge is an agreement to be bound by that privacy policy, which shall form an integral part of the Terms & Conditions of this Challenge.
The personal information/personal data collected may be used in future by Dattel to provide you with further information about similar campaigns and information in relation thereto, which participants may opt out of by informing Dattel of the participant’s decision to do so. Your personal information/personal data is subject to the safeguards concerning privacy and security of data as set out in Dattel’s Privacy Policy and the Personal Data Protection Act 2010.
You shall ensure that all personal information/personal data provided to Dattel are accurate and correct at the point of submission and that Dattel is kept informed and updated of any change in their personal information/personal data.

GENERAL

1. By participating in this Challenge, the participants agree to be bound by these Terms & Conditions. In addition to these Terms & Conditions, the terms and conditions applicable for the use of the content and/or service, including terms and conditions for the use of the relevant content shall apply. Your qualification and eligibility are subject to our approval at all times. Failure to comply with the eligibility criteria, violation or suspected violation of any applicable terms, conditions, rules, regulations, instructions or methods or for any other reason shall result in the participant or the team being disqualified from the Challenge at our sole and absolute discretion.

2. The Challenge shall in all respects be governed by the laws of Malaysia. However, it shall be your sole responsibility and obligation to ensure that you comply with and do not contravene with any laws to which you may be personally subject to.

3. Dattel’s decisions shall be final and conclusive and no correspondence, complaint or appeal shall be entertained by Dattel at any time during or after the Challenge.

4. Only the selected teams will be contacted. You are advised to keep your mobile phones switched on and your email accounts active during this period. Dattel shall not be responsible nor liable if you cannot be contacted for any reason whatsoever. If Dattel is unable to reach you after the stipulated attempt above, or, if the team is unable to make it on the dates of the sessions under the Challenge, Dattel reserves the right to disqualify the team and to select the next eligible team in line who fulfil the selection criteria.

5. Participants are not entitled to demand or request for specific Challenge conditions/ requirements such as change of Challenge and other related matters.

6. The Challenge set out above shall be used/taken entirely at the risk of the participants at all times and Dattel excludes all warranties and liabilities in connection with the Challenge to the fullest extent permitted by law. The Challenge participation is non-transferable, non-assignable and non-exchangeable for cash or any other item unless otherwise stated by Dattel.

7. You are responsible to arrange for your own transportation and for any additional costs, duties, taxes and/or other incidental expenses which may be incurred as a result of and/or related to your participation in the Challenge and the prizes.

8. By participating in the Challenge, you acknowledge that you and/or your Idea may be photographed, filmed or be written about by us or members of the media throughout the Challenge. You hereby expressly grant and/or have procured the permission from the relevant individuals for Dattel, its agencies and sponsors to use the participants’ name, photographs and/or likeness, video, recording, testimonial or other media item and to post information about the Idea and the Challenge (“Materials”) for purposes of advertising, editorial, promotional, marketing, trade and/or other purposes at Dattel’s website, social media account, digital marketing platforms and any other media outlets without further compensation and notice. The participants release Dattel, its directors, officers, employees, representatives, agents and sponsors from all claims and demands arising out of or in connection with any use of the Materials including but not limited to claims for invasion of privacy, defamation and any other personal or proprietary rights. Any person who does not want to have their photo taken or distributed must inform Dattel in writing of his/her intentions and include his or her photograph for identification purposes. Dattel will use the photo for identification purposes only and hold it in confidence.

9. We are not liable to you for any loss, damages or compensation for any replication or abuse or development of your proposed idea by any party coming into contact with the idea via Dattel’ advertising, editorial, promotional, marketing, trade and/or other activities at Dattel’ website, social media account, digital marketing platforms and any other media outlets.

10. Participation in the Challenge by the participants constitute a release and discharge of Dattel and its related and affiliated corporations, by or from any and all liability, claims, demands, actions and/or damages which the participants may have, whether known or unknown at the present time, of any nature whatsoever, arising out of or relating to:-

a) the Challenge;
b) personal injury and/or property damage, theft or loss suffered by the participant as a result of participation/presence as may be required for the Challenge; or
c) any tax liabilities in relation to the Challenge, prize and/or use or enjoyment of the same.

11. Dattel reserves the right-

a) to change, amend, revise, supplement, delete, vary or add to the Terms & Conditions without prior notice at any time and the participant shall be bound to such changes, amendments, revisions, supplements, deletions, variations or additions;
b) at any time, change any aspect of the Challenge (including, if any prizes and postponement or discontinuing the Challenge) without prior notice. Dattel shall use reasonable endeavours to inform of any changes to the Challenge via any medium. You are encouraged to periodically check our website and social media accounts for up-to-date information; and
c) at its sole and absolute discretion, to cancel, suspend, modify or delay the Challenge in the event of unforeseen circumstances beyond its reasonable control. By continued participation in this Challenge, the participants will be deemed to have accepted any changes, amendments, revisions, supplements, deletions, variations or additions, which may be published at www.dattel.asia.

12. This Challenge and the prizes are provided on an “AS IS” and “AS AVAILABLE” basis without any representations or warranties of any kind whether express or implied. Dattel, its related and affiliated corporations disclaim and exclude all warranties relating to or in connection with the Challenge and the prizes including warranties of merchantability, fitness for a particular purposes, non-infringement, security and accuracy to the fullest extent permitted by applicable law.

13. Dattel, its related and affiliated corporations, sponsors, agencies and representatives be liable to the participant or to anyone else for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever, whether in contract, negligence or in tort, arising out of or in connection to the Challenge, the prizes and the Participant’s participation in the Challenge including (without limitation) any cancellation, postponement, suspension or termination of the Challenge.

14. Dattel shall not be liable to the participants or for any other party for any loss or damage of whatsoever nature suffered by a participant or such other party as a result of participation or non-participation in the Challenge or as a result of any act or omission on the part of Dattel or its sponsors.

15. Dattel reserves the right, in its sole discretion, to disqualify any participant that is found or suspected of tampering with the Challenge submission process, the operation of this Challenge or to be in violation of the Terms & Conditions. Dattel reserves the right to disqualify any participant and/or to forfeit any prize from a participant it believes has undertaken fraudulent practice and/or activities or other activities harmful to this Challenge or the Challenge submission process. Fraudulent activities are deemed to include but not be limited to the following:-

a) any act of deceit and/or deception and/or cheating; or
b) submission of entries and/or responses by any person other than the natural person who is eligible to participate in the Challenge; or
c) submission of entries and/or responses wholly or partially by way of and/or generated by way of any electrical device, computer, pre-programmed modem or by any other method or device which contravenes the submission of entries and/or responses as stipulated in part (b) herein above.

16. Notwithstanding the above, Dattel reserves the right to disqualify any participant or team at its sole and absolute discretion without assigning any reason whatsoever.

17. If any of these Terms & Conditions is held to be invalid, illegal and/or unenforceable under any applicable law or by any reasons whatsoever, the legality and enforceability of the remaining provisions shall not be affected.

18. Any provisions herein where the context requires it to survive, shall survive after the Challenge.

19. No indulgence, failure or delay on the part of Dattel to exercise any right, power or enforce any terms or conditions herein shall operate as a waiver or acquiescence thereof, nor shall any single or partial exercise by Dattel of any right, power or remedy preclude the exercise of any further or other right, power or remedy.

As at 27/9/19