Terms & Conditions

Startup Challenge Application

 

These Terms & Conditions (“Terms”) govern your submissions for the Nestlé Startup Challenge (the “Startup Challenge”). By accessing the Startup Challenge website (the “Website”), submitting your Application, and participating in any related activities, you agree to be bound by these Terms.

 

In these Terms, “we”, “us”, “our” and “Nestlé” mean Société des Produits Nestlé S.A.; “you” “your” and “yours” mean the legal entity applying for the Nestlé Startup Challenge and/or the individual submitting the Application; and “Application” means all the information and materials you submit in relation to the Startup Challenge (including any materials and information disclosed during oral discussions, pitches and presentations). Nestlé reserves the right to wholly or partially modify these Terms at any time without notice. Any changes will take effect once they are posted on the Website, and by continuing to use the Website or proceeding with your Application after these modifications become effective, you agree to the updated Terms.

 

Eligibility

 

To be eligible to this Startup Challenge you must: (1) be a legal business entity; (2) submit a complete Application within the deadline and respecting the conditions defined in the challenge; (3) agree and abide by all requirements contained in these Terms; (4) not be an academic institution, such as a college, university or school. In addition, the contact named in your Application shall: (1) be entitled to represent the legal business entity in whose name the Application is made, and (2) not be affiliated with or employed by the Nestlé Group or an immediate family member (including parent, spouse, children, siblings or their respective spouses).

 

Your Application will provide non-confidential information about you and/or your business, your team members and the details of your idea, as indicated in the form. All information you provide must be truthful, accurate and be in English.

 

Judging Criteria and Evaluation Process

 

Applications will be judged solely based on the following criteria (“Judging Criteria”): nature and uniqueness of your Application, potential impact and benefit of the innovation (e.g., the problem the innovation would solve), strategic fit with the relevant focus areas of the Startup Challenge, the potential to generate intellectual property, the proposed business model, the relevant qualifications of the team, and quality of the pitch/presentations.

 

Your Application will enter the pre-screening phase and will be evaluated by a Nestlé pre-screening panel within 30 days. We will notify you on whether the outcome of this pre-screening phase is positive or negative. If positive, your Application will be evaluated by our expert panel who will evaluate your idea based on the Judging Criteria.

 

You will then receive a notification on whether your Application has been selected to initial introduction calls, to allow us to further assess your proposal. If interest is confirmed, you will be invited to present your Application at a demo pitching session in an appropriate medium to a Nestlé jury for evaluation.

 

You should bear any costs related to submitting an Application and/or presenting at the demo pitching phase (if selected).

 

During the Application period, Nestlé may contact you for additional information. If contacted, you must respond to such request to remain eligible to have the opportunity to win the Award. This may include (for Applications selected to pitch) an assessment of technical aspects of the Application, idea, business model, technology or material under a separate confidentiality agreement, if you so request.

 

Successful Applications are required to clearly address each aspect of the Judging Criteria.

 

Award

 

If your Application is successful, in Nestlé’s sole discretion, then you may be entitled to one or more of the following awards (the “Award”):

  • Possibility to engage in a project with the network of Nestlé R&D Accelerators to further develop the solution/technology.
  • Coaching from Nestlé R&D community to support the development of your startup for up to 3 months.

 

There will be a minimum of two (2) finalists and one (1) Award recipient but otherwise there is no limit to the number of finalists or award recipients. The number of finalists and award recipients is at the sole discretion of Nestlé.

 

Before granting any Award, Nestlé reserves the right to require you to confirm: evidence of your eligibility; your agreement to and compliance with these Terms, and to execute documents required by these Terms.

 

The specific terms and conditions governing any Award to successful Applications will be governed by a separate contract, to be negotiated following a final Nestlé decision based on the Judging Criteria outlined above.

 

Additional Terms and Conditions

 

In submitting your Application and using this Website, you acknowledge and agree that:

 

  • Nestlé may have present or future initiatives or opportunities, including with third parties, involving products or technologies that are substantially similar to, or that may compete with, one or more products or technologies covered in your Application. Nothing in these Terms will be construed as a representation, warranty, covenant or inference that Nestlé will not itself develop, manufacture or market, or enter into business relationships with one or more third parties to, develop, manufacture or market, such products or technologies.

 

  • Your Application is entirely voluntary, non-confidential, gratuitous and non-committal.

 

  • The disclosure of your Application to Nestlé does not establish a confidential relationship or obligate Nestlé to treat the Application as secret or confidential. Any Application you transmit, upload or post to this Website and all information and documents therein (including those orally disclosed) will be considered non-confidential.

 

  • Submitting an Application does not entitle you to any consideration, does not create an obligation for us to enter into a business relationship with you neither does it create any obligation upon Nestlé with regards to the use/non-use of your Application, unless and until Nestlé enters into a written contract with you, and then only as expressed in that contract.

 

In submitting your Application, you grant to Nestlé and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free and sub-licensable license to (i) share your Application within the Nestlé Group or with third parties administrating the Website for any purpose whatsoever, including evaluation purposes, without any payment or other consideration of any kind, or permission or notification, to you or any third party; (ii) use your name, likeness, statements, photographs and/or videos for purposes of the promotion of the Startup Challenge in any and all forms of media and print, including without limitation on the internet, social media, and Nestlé websites, press releases, in connection with any public and private meetings or events without compensation, consideration, notification or further permission, to the fullest extent allowed by law.

 

Should your Application be the subject of a pending or issued patent or registered copyrights, you agree to disclose that fact to Nestlé.

 

Nestlé may decide not to pursue your Application. Please note that no materials (for example photos, sketches, plans, etc.) included in or attached to your Application will be returned to you. The Website is not and shall not function as an archive. When you post content on the Website, you authorize us to make copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Website and for our internal review.

 

If, for any reason whatsoever, and at any point in time, the Startup Challenge cannot take place as planned, Nestlé reserves its right to modify, delay, suspend or to terminate the challenge, without the Participants being able to seek any compensation as a result.

 

Representations and Warranties

 

In submitting your Application, you represent and warrant that:

 

  • You are of legal age in your country of domicile and in any case at least eighteen (18) years old.

 

  • To the best of your knowledge, your Application is an original work, that you are either the sole owner of your Application (and any contents therein, including copyrights in materials, patented inventions, know-how) or you have obtained all necessary approvals and rights to disclose your Application to Nestlé and that receipt, evaluation and dissemination of your Application by Nestlé as well as you submitting it to Nestlé does not infringe any third parties’ rights, including intellectual property rights.

 

  • Your Application does not fall within the scope of any confidentiality obligation you are bound towards a third party, and there is no other contractual obligation preventing you to submit your Application to Nestlé.

 

  • You are not collaborating with any third party on the same subject matter as your Application.

 

  • If applicable, you have disclosed the fact that any of your team members are affiliated with or employed by the Nestlé Group or an immediate family member (including parent, spouse, children, siblings or their respective spouses).

 

  • You will immediately notify us during the submission process the names and contact details of those Nestlé employees with whom you are already in contact with outside the scope of the Startup Challenge with regards to your Application, if any.

 

  • Your Application only contains personal data which you are allowed to share with Nestlé for the purpose of the Startup Challenge.

 

Data Protection

 

Our Privacy Notice applies to any personal data or material processed via or by virtue of the Website, including the collection of personal data you provided during the Startup Challenge application process or a contact form and the storage of such personal data.

 

We are processing your personal data to evaluate and provide feedback on your Application, respond to inquiries you have made via the contact form and to interact with you within the framework of the Nestlé Startup Challenge. By submitting your Application, you hereby agree to the terms of the Nestlé Privacy Policy - Privacy Policy | Nestlé Professional.

 

Miscellaneous

 

We do not accept or consider any unsolicited content, information, ideas, suggestions or other materials other than those we have specifically requested within the designated challenges within the Website and to which the present Terms apply.

 

You agree to indemnify, defend, and hold harmless Nestlé, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from and related to your Application, any violation by you of the Terms and your use of the Website (including negligent or wrongful conduct).

 

Governing Law and Jurisdiction

 

All matters relating to the use of the Website including Applications and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Switzerland, without giving effect to any conflict of law rules. Any dispute which cannot be resolved amicably shall be submitted exclusively to the competent courts of Canton de Vaud, Switzerland.

 

Contact us

 

This Website is operated by Société des Produits Nestlé SA, Av. Nestlé 55, 1800 Vevey, Switzerland. If you have any question or comment regarding the Website, please feel free to contact us at Contact Nestlé | Nestlé Global