Cortivision Pathfinder Program

Terms & Conditions

Issued April 1st 2021

1. ELIGIBILITY

1. The Cortivision Pathfinder Program referred to herein (”Contest”) is offered by Cortivision sp. z o.o. [limited liability company] based in Lublin, Poland, registered in the register of entrepreneurs of the National Court Register under the number: 0000778374, NIP [tax identification] 7123384349, hereinafter referred to as “Cortivision” to residents of countries where such contests are allowed by the laws of those countries. By entering the Contest, you accept sole responsibility for determining whether your participation is legal in any jurisdiction that applies to you. 
2. To be eligible to participate at the Contest, the participants (“Participants”) must be a real person, at least 18 years old and must send entries as required in the contest announcement. Cortivision is not responsible for entries that are sent but not received by Cortivision for any reason.
3. By entering, you agree to these “TERMS AND CONDITIONS” and that the decisions of Cortivision are final and binding in all respects.

2. CONTEST PERIOD

1. In general the Contest is run without fixed time-limit. Cortivision collects applications continuously however the appraisal is divided into editions (“wins”) organised once a year or more often. Detailed information about the current editions periods can be found on Cortivision’s official website and/or social media channels. 

3. CONTEST IDEA

1. The idea of the contest is to promote and inspire the development of the near infrared spectroscopy research applied to new areas / innovative use. The goal of the CPP is also to provide access to high quality fNIRS ecosystem and generate relevant scientific outcomes shared in high-quality journals or conferences.

4. PARTICIPATION & JUDGEMENT 

1. In order to participate in the Contest Participants must complete a form and describe their idea for research use of the Photon Cap spectroscope (“Project”).
   1. As requested in the application form – it is necessary to specify the research objective, motivations and the planned results of the Project, e.g. in the form of publications or presentations at scientific conferences. 
   2. The topic of research projects is unlimited, as is the location of the project realization.
   3. The Participants must commit to staying in touch with the Cortivision team to provide feedback and resolve any potential difficulties.
   4. Participants must accept the regulations of the Contest.
2. Experienced Cortivision team members will assess the submissions on the basis of feasibility, overall quality and most suitable NIRS use for the planned research. One or more winners will be announced.
3. Cortivision reserves the right to announce no winner if submitted projects were of not sufficient quality. 
4. Winners will be granted a prize which is access to fully portable and wireless fNIRS CortiVision Photon Cap with full assistance from Cortivision experts for a limited time. 
5. The fNIRS device – Photon Cap – will be made available free of charge to the Participant indicated by the Cortivision as a winner for a maximum period of 6 months (the duration of the data collection for the proposed project). Shipping costs are covered by Cortivision.
6. All winners will be notified by the form/method of contact they provided to Cortivision when they initially entered the contest. If a contest was entered by filling out a form or by mail, the winner will be emailed or called.
7. If the winner does not respond to the notification within seven (7) business days another winner can be chosen. Failure to respond within the time frames listed above shall mean that the provisional winner forfeits the prize.
8. The winner may not opt for receiving the value of the prize in cash or other objects, nor may he/she request changes to the technical characteristics of the prize.
9. The prize awarded, as established on the website, will be handed out together with a delivery – receipt protocol.
10. Upon Cortivision’s acceptance of the submitted project Cortivision grants you the limited, non-exclusive, non-transferable right to use Cortivision Photon Cal for the planned research operations and subject to the terms of this agreement, including the Project documentation. 
11. Cortivision’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

5. PRIZE DELIVERY & RETURN 

1. Once the winner of the contest has been identified, Cortivision will contact them to determine the prize delivery details. During the research period when the Photon Cap is made available to the winner, he/she is obliged to use the device only for its intended purpose and as described in the user manual.
2. The device is provided to the winner for the purpose of implementing the described research plan and for providing feedback to Cortivision for a maximum period of 6 months. 
3. Upon completion of the data collection, the customer is obliged to return the device to Cortivision no later than 14 days after the completion of the data collection.
4. If the winner does not return the device on time and/or does not respond to Cortivision’s requests, Cortivision is entitled to initiate any legal and organizational action to make the winner fulfill their obligations.
5. In the event of damage, malfunction or accident, the winner is obliged to maintain constant contact with Cortivision and perform its repair orders.
6. In the event of gross negligence or intentional destruction of Photon Cap equipment, the winner may be held liable by Cortivision, which has the right to claim compensation for the damage made.

6. LAWS, JURISDICTION AND DISPUTES

1. The present Terms and Conditions are governed by the applicable laws and venue from Cortivision’s headquarter. In case any of the clauses will be declared void, the other clauses won’t be affected and will continue to be valid and applicable within the limits of the Law. In the event of a dispute as to the identity of any winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e- mail addresses for the domain associated with the submitted e-mail address.
2. The Contest and these terms and conditions will be governed by Polish law and any disputes will be subject to the exclusive jurisdiction of the courts of Poland.

7. COPYRIGHTS AND DATA 

1. By submitting to Cortivision any types of content (”Materials”) within application form, you represent and warrant that the Materials do not infringe any copyright, trademark, property rights, rights of privacy or publicity of any person, or any other right of any third party and that you have the full and unrestricted right to transfer the Materials to Cortivision free and clear of any claims or encumbrances.
2. You acknowledge and agree that Cortivision shall have no obligation to post, display, or otherwise make publicly available any Materials submitted by you.
3. The personal information supplied by entrants when entering the Contest will be used by Cortivision in accordance with its Privacy Policy. All entrants may have their details removed from our database by contacting Cortivision or via the unsubscribe messages in emails sent by Cortivision. If details are removed prior to the conclusion of the Contest and/or award of prize(s), entrants will forfeit their right to claim any prizes.
4. If you are required to submit a third party’s personal information to enter or participate in the Contest, you must ensure that the person whose details you submit has given their consent for you to provide Cortivision with their details.
5. Entrants, particularly prize winners, may be required to participate in photo, recording, video and/or filming session(s). You agree that Cortivision shall have the right to use all the resulting publicity materials in any media and in any manner Cortivision sees fit. 
6. Cortivision does not claim any rights to the results of the Project described by the Participant in the application form, provided that the Participant complies with the provisions of these terms and conditions.  The Participant is also obliged to include in the final publication relevant information on the use of the Photon Cap system in his research work.
7. No fees shall be payable to any entrant in relation to the use of publicity materials.
8. Further details of how any personal data will be used are set out in Cortivision’s Privacy Policy.

8. FINAL CLAUSES

1. Complaints with respect to the prizes won made after the signing of the delivery-receipt report of the awards will not be considered and will not be the liability of the Cortivision.
2. In case of attempts or fraud of the system, abuse or acts of nature to affect the image of the Cortivision, the latter reserves the right to take all necessary measures to remedy the situation occurred.
3. Cortivision assumes no liability for any facts that determine the impossibility of validation of a winner and resumption of the extraction until the validation of another winner, such as the impossibility of notification in writing of the winner caused by the change of the e-mail address of the participant or non-receipt, by his/her failure to read the correspondence, etc.. 
4. Cortivision shall take all measures necessary to carry out the competition in normal conditions as above, but it assumes no responsibility for any complaints, appeals of participants which do not cover breaches of the legal framework in force.