7. PROGRAM PROCESS 

Program Rounds. The Program consists of several rounds:

Pre-selection – Qualifiers. Deliverables will be accepted from November 20th, 2023, 8:00[GMT+6:30] to December 10th, 2023, 23:59 [GMT+6:30]. At the end of this Round, up to [20] winning Deliverables will be pre-selected to proceed to Round Two.  The number of startups that will go to the next phase for each sector will be proportional to the number of valid applications in each sector

Pre-selection Training – 

Pitching and finalists –  

Digital Transformation Training – 

Voting –

Winners – 

The disqualified winner will not be eligible in the future program of Sharrtz.org.

The pre-selections and finalists will be required to attend respective regular meetings and training provided by the program. The winner have to expand their business to virtual world. All participants will be notified  directly with any updates related to the each related round with the mail and on social media.

Deliverable. If a Participant does not upload a Deliverable on the Program Website before the deadline, this will be considered as a withdrawal from the Program. The Participant may not join the Program, and may not obtain any compensation from the Organizer.

Selection Criteria. Deliverables will be judged according to the Selection Criteria, described below. You agree and acknowledge that the Program relies on your creativity, capacity, ability, passion and ingenuity to solve difficult problems. The Program does not depend, even partially, on chance or luck, and therefore should not be considered as a lottery. Under no circumstances are factors such as appearance, religion, membership in a trade union considered.

Notification to Participants. Once selection has been completed, Participants will be notified by email, phone, or by other means of the results of each Round. The Organizer will be free to alter the dates on which results are released should this become necessary due to the number of projects to be assessed.  The ranking decided by the final jury will be announced on the fixed day will identify the Participants that are finalists.

8.     PRIZES

The prizes are awarded to the winners of the Program and are subject to compliance with the following cumulative conditions:

The Deliverables comply with Section 6 (“Deliverables”);

Each Participant of a winning project complies with Sections 9 and 11;

It can be proven that the winning Participants fulfill the conditions of eligibility of Section 4.

No prize will be awarded to winners who do not fulfill the above conditions.

9. COMMUNICATION

The Participant acknowledges and consents that the Organizer may, throughout in Myanmar and for the duration of the Program and for a period of one (1) year following the Final Round use the Program for publicity materials, including for the Organizer’s advertising or other marketing purposes, (by any means and through any format (website, advertising banners, social networks, newsletter, press release) now known or unknown to date, free of charge.

In particular, you consent to the use, by the Organizer, of your name and surname, your legal Startup name and the country of its registration, the logo, your image, the information regarding the Prize (if you are a winner), the name of your company and its distinctive signs and any other personal data that you submit with your Deliverables as well as the content of your Deliverables relating to the Program.

As an example, each Participant authorizes the Organizer to use the photographs taken during the Final to disseminate them via any communication medium.

Such use does not entitle the winner to any other payment than the Prize he/she received. The Organizer agrees to cease use of the aforementioned elements in connection with the Participant at the end of the aforementioned period.

10. CONFIDENTIALITY

The Organizer has no obligation to keep the information contained in the Deliverables confidential. In general terms, when submitting any Deliverables, the Participants understand, agree and accept that any information contained therein may be publicly disclosed by the Organizer. Such information contained in the Deliverables may be shared with other key partners working in the Event with the Organizer.

If you are a prize winner, the Organizer may request that you execute a confidentiality/non-disclosure agreement for the purpose of entering into negotiations regarding further development of your project, as described in your Deliverable.  Such confidentiality/non-disclosure agreement will be directed to your Deliverable and all intellectual property that it may contain.

Furthermore, Participants acknowledge that the Organizer may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the information contained in any of the projects. Accordingly, nothing herein shall prohibit the Organizer from independently acquiring, developing, or having developed for it, products, concepts, systems, services, or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in any Deliverable.

The Participants recognize that other Participants, individuals or entities may have provided to the Organizer or others, or made public, or may in the future submit, or make public, content that is the same or similar to any piece of information contained in any of the projects. Hence, the Participants acknowledge, agree and accept that the Organizer shall have the right to use such same or similar materials, and that the Participants will not be entitled to any compensation arising from the Organizer’s use of such materials.

11. INTELLECTUAL PROPERTY

Definitions. For the purposes of this section,

• “Intellectual Property Rights” refer to any copyright or other rights over a brand, a design or a model, a patent and, more generally, any element, (including trade secrets and knowhow), that may be protected by national and/or international laws or conventions on intellectual property (“Intellectual Property Rights”)
• “Previous Rights” refer to any Intellectual Property Rights and/or any associated know-how held by the Participants before the start date of the Competition (“Previous Rights”)
• “Creations” refer to any software (including source and object code software), database, technical specifications, text, design, model, information, knowledge, method, process or product, as well as any resulting elements and/or processes likely or otherwise to be protected according to national and/or international laws or conventions on intellectual property developed by any Participant as a part of any submitted deliverable throughout the Competition (“Creations”).

Warranty of non-infringement of Intellectual Property Rights. When submitting any Deliverable, at any stage of the Program, each Participant represents and warrants to the Organizer that he/she or the Startup is the co/owner and/or co/holder of the Intellectual Property Rights regarding all or part of the Creations  contained in the Deliverables submitted at any stage of the Competition, and that he/she has obtained all rights and permissions regarding all pre-existing Creations and any elements of the Deliverables for which he/she does not hold the relevant rights.

Each Participant warrants  (i) that his/her contribution is original and unprecedented; (ii) that it does not infringe upon any Intellectual Property Rights of any third party; (iii) that all the elements on which his/her submissions are formed, as well as all pieces of contributions and information communicated in the submission presentation documents are accurate, reliable and complete; and (iv) that the submission of the relevant Deliverables do not constitute an act of unfair competition of any kind.

It is compulsory for Participants to indicate the source of any pre-existing Creations of whichever nature and support that are included in any submitted deliverable. Any Deliverable involving several Participants constitutes a collaborative work and it should be treated as such in accordance with the applicable regulation in force.

Liability. The Organizer cannot be held liable for any infringement of the above provisions by Participants. Each Participant shall indemnify the Organizer against any loss , damages, action, claim, opposition and demand from any third party in connection with any Intellectual Property Rights / Creation in the Deliverables.

By submitting a Deliverable and participating in this Program, you are not granting the Organizer any rights to any intellectual property supporting all of part of the Deliverable and the Organizer makes no claim to ownership of your Deliverable or any intellectual property that it may contain.

12. MODIFICATION OF RULES, SUSPENSION AND CANCELLATION OF THE COMPETITION

Update of the Rules. The Organizer reserves the right to amend these Rules at any time, including the Program duration in case of operational imperatives, without prior notice to Participants regarding the enforcement or the validity of these amendments.

Participants are encouraged to consult these Rules regularly. Participants expressly waive all claims or disputes related to any amendment to these Rules by the Organizer.

Should any paragraph of these Rules be declared or judged illegal, unenforceable or void by a court decision, the paragraph in question will be considered null and void, but all other unaffected paragraphs will be enforced within the limits of the law.

13. LIMITATION OF LIABILITY

The Organizer will in no way be held liable in the event of breakdown or failure, regardless of the cause, of any telecommunications network used that causes Participants difficulty in or prevents Participants from identifying themselves on or gaining access to the Program website.

Participants agree that company, its affiliates and all of their respective officers, directors, employees, contractors, representatives and agents (“released parties”) will have no liability whatsoever for, and will be released and held harmless by participants from/ for any claims, liabilities, or causes of action of any kind or nature, for any injury, loss or damages of any kind including direct, indirect, incidental, consequential or punitive damages to persons, including without limitation disability or death.  Without limiting the foregoing, everything on the Program Website and in connection with the Program is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, in which case such limitation or exclusion shall apply only to the extent permitted by the law in the relevant jurisdiction.

Participation in the Program implies acknowledgement and acceptance of the characteristics, limits and risks of the internet and related technologies, particularly with regards to performance, response time, the security of software and computer equipment against various potential attacks, such as viruses, logic bombs or Trojans, and loss or misuse of data. As a result, the Organizer will not be held liable in any way for any damage incurred by Participants arising from these characteristics, limits and risks, which Participants accept by registering and taking part in the Competition.

The Organizer will not in any case be held liable for damages resulting from faults with or delays in the submission of deliverables by Participants, including refusal to accept these deliverables as a consequence of their submission outside the deadlines set out in the Rules, from faults with or delays to the sending of any emails by the Participant sent as part of the Program, or from any alterations made to the deliverables independently of the Organizer.

The Organizer will not, in any case, be held liable for damages resulting from services provided by a third-party relating to the prizes.

The Organizer will not be held liable for the consequences of a Participant’s disqualification from the Competition as a result of their violation of these Rules.

14. PERSONAL DATA PROTECTION

Participation in the Program requires the communication of the Participant’s personal data (“Personal Data”).

Participant’s personal data is subject to processing within the meaning of the regulations on the protection of personal data (The Personal Data Protection Act, known as the PDPA) for which the Organizer defines the purposes and means and is, as such, “Data controller” within the meaning of the PDPA.

The purposes of the processing are:

• To meet the needs of organizing the Program
• To organize the intermediation between the Participant and the Organizer, to ensure identification, communication and preservation of the exchanges with the Participant

In accordance with the provisions of the PDPA, the Organizer undertakes to implement organizational and technical security measures in order to protect all  Personal Data of Participants.

15. CLAIMS

Any questions or claims by the Participants arising from the Program should be addressed no later than thirty (30) days following the Program end date to soesanaung@sharrtz.org. All claims must include: (i) the Participant’s complete contact details (name, address, email address and phone); (ii) the name of the Competition; and (iii) a clear and detailed explanation for the claim.

16. MEDIA USAGE

1. By entering this Program, Participants consent to the use of their personal data by the Organizer for the purposes of administering and conducting the Program and any post-Program activities and/or publicity. Participants agree to take part in any publicity relating to the Program as well as to the use of their names and photographs in such publicity.

1. Participants acknowledge and agree to participate and cooperate in all media and promotional activities relating to the Program, including but not limited to being interviewed, photographed and videoed at any time during the Program Period. Participants grant the Organizer royalty free/ without fee, world-wide, perpetual, irrevocable and non-exclusive license to use, reproduce, display and/or create derivative works of such footages and photographs in all media worldwide, including virtual social media and networking websites without compensation (unless prohibited by law) and without prior inspection or approval. Participants agree to execute additional specific consents to such use if asked to do so.

17. LIABILITY

1. Whilst reasonable precaution will be taken by the Organizer and the Program Partners to ensure safety of all the Participants, each Participant acknowledges and agrees that his or her participation in the Program is at his or her own risk. Upon registration for the Program, the Participant agrees to defend, indemnify and hold harmless the Organizer, its subsidiaries/associated companies and the Program Partners, including their respective officers, employees, contractors and agents, from and against any and all claims, causes of action, damages, obligations, losses (including any loss of opportunity), liabilities (including negligence), personal injuries, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to, whether directly or indirectly, special or consequential, to the Participant’s participation in the Program. The Organizer and/or the Program Partners may assume the exclusive defense and control of any matter for which Participants have agreed to indemnify the Organizer and the Program Partners. Participants agree to assist and cooperate with the Organizer and the Program Partners in the defense or settlement of any such matters. 

1. Each Participant is required to take all appropriate safety measures including obtaining appropriate insurance coverage (if necessary) when designing and developing the prototype and conducting the prototype trials.

18. APPLICABLE LAW AND DISPUTES RESOLUTION

The Program and any action related thereto shall be governed by the laws applicable in Myanmar.

In the event of a dispute, the Organizer and the Participant undertake to submit their dispute to an amicable conciliation prior to any legal proceedings. The party wishing to initiate conciliation shall inform the other party by means of a registered letter with acknowledgement of receipt in which it will inform of its intentions and will explain the cause. If no agreement is reached between the parties within thirty (30) days after receipt of the registered letter, the parties are at liberty to initiate a claim in court.

In case of persistent disagreement on the application or interpretation of the Rules, and in the absence of an amicable settlement, any dispute that may arise between the parties, will be subject to the exclusive jurisdiction of the Singapore courts to which the parties expressly grant jurisdiction, even in the case of multiple defendants, in summary, proceedings, appeal or by motion.