BY APPLYING FOR AN AWARD, YOU (“PARTNER”) FULLY AND UNCONDITIONALLY AGREE TOCOMPLY WITH ALL OF THE TERMS AND CONDITIONS (“TERMS”) BELOW. IF YOU DO NOTAGREE WITH ANY OF THESE TERMS, DO NOT APPLY FOR AN AWARD.
1. Award Program Overview and Eligibility
A. PBS Biotech, Inc. (“PBS”) will grant travel awards (“Awards”) based on abstracts submitted to PBS that showcase PBS’s Vertical Wheel technology (the “Program”). The amount each Award will be determined based on the conference for which the abstract is accepted, with a list of conferences set forth below. Awards may be used towards conference registration fees, travel costs such as airfare or hotel stays during the conference. Any unused funds will be forfeited
B. The Program is open to any organization using PBS bioreactors in its work. Abstracts relating to PBS’s Vertical Wheel technology are the only topics that will be considered for an Award. Only novel work that has not been previously published or presented at a conference will be considered. The precise Award criteria and evaluation are solely within PBS’s discretion and PBS is not obligated to share its =criteria or evaluation
C. Award winners have one year from the date PBS notifies a winner that it is eligible for an Award: to submit the abstract to a conference; receive approval to present a poster at the conference; and submit to PBS receipts for expenses that can be reimbursed through an Award. No extensions will be given if the Award is not used within one year of notice of eligibility for the Award.
D. Awards are non-transferable (other than the individual presenter within an organization can be changed) and the poster presented at a conference must be based on the abstract that PBS determined was an Award winner. Any changes between the awarded abstract and the poster presented will void the Award unless the changes are pre-approved by PBS. Applicants can only submit an abstract on a particular topic of research once. While repeat submissions with minor changes will not be considered, applicants may resubmit an abstract with major changes in data and conclusions, if they outline the changes for PBS. Multiple applicants in an organization may submit abstracts for different research occurring within that organization.
E. There are no minimum or maximum number of awardwinners in a given time period, nor is there a minimum or maximum number ofawards for a specific conference. The number and frequency of Awards are at thediscretion of PBS.
2. Submission of an Application for an Award.
Partners may apply foran Award by submitting an abstract, the name and address of the organizationand the planned presenter (collectively, a “Submission”), and a list ofpotential conferences at which the work may be presented. Questions regardingthe Award program may be submitted to: Sales@pbsbiotech.com.
3. Eligible Conferences andAward Amounts.
A. Up to a $2000 may be awarded for participation at the following conference:
i. ECI Advancing Manufacturing of Cell& Gene Therapies 2024
ii. ISSCR 2024
iii. ISCT 2024
iv. CAR-TCR 2024
B. Up to $1000 may be awarded for participation in the following conference:
i. Till & McCulloch 2024
ii. ASGCT 2024
iii. Innate Killer Summit(North America or EU) 2024
iv. SITC 2024
v. Keystone Symposia –Innate Immunity 2024
vi. ESGCT
vii. CGT Asia 2024
C. Award winners may also suggest conferences not listed above for an Award of up to $1000.
4. Representations and Warranties:
Partner represents and warrants that: a) all information in a Submission is accurate and truthful; b) no person or entity other than the Partner or persons the Partner authorizes for a Submission has any right, title or interest in any part of the Submission; c) the Submission does not and will not infringe or violate any rights of any third party or entity, including, without limitation Intellectual Property Rights (as defined below), defamation, privacy, publicity, false light, misappropriation, confidentiality, or any contractual or other rights; d) the entire Submission is an original work of Partner or its employees or individuals who are authorized by the Partner; e) the Partner has all the rights, licenses, permissions and consents necessary to submit the Submission and to grant all of the rights that Partner has granted hereunder; f) the Submission does not contain content that is inconsistent with the permissible uses outlined by these Terms and Conditions, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable; and G) Partner is not submitting any confidential, proprietary, or trade secret information.
5. Intellectual Property:
Partner retains ownership of all Intellectual Property Rights contained in its Submission. Nothing in these terms shall be construed as PBS granting rights to its Intellectual Property Rights. Partner hereby grants to PBS and its successors, assigns and agents: (a) the right to evaluate each Submission, including by making copies of a Submission; and (b) a perpetual, royalty-free, fully paid up, non-exclusive license to copy and use the Submission and any poster related to a Submission in marketing or promotional materials once the material has been publicly presented. Except for the license granted above, PBS shall have no title, rights or interest in and to any Partner Intellectual Property Rights contained or embodied in the Submission. “Intellectual Property Rights” means any and all tangible and intangible: (i) copyrights and other rights associated with works of authorship throughout the world, including but not limited to copyrights, moral rights, and mask works, and all derivative works thereof; (ii) trademark and trade name rights and similar rights; (iii) trade secret rights; (iv) patents, designs, algorithms, utility models, and other industrial property rights, and all improvements thereto; (v) all other intellectual and industrial property rights (of every kind and nature throughout the world and however designated) whether arising by operation of law, contract, license, or otherwise; and (vi) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter in force (including any rights in any of the foregoing) ; and (vii) any licenses, permissions and consents associated with (i) through (vi) above.
6. Tax Considerations:
Awards are granted exclusively to the participating Partner and not to any employee or individual. Partner acknowledges that Awards may be treated as taxable income and may be considered direct compensation for the purposes of taxation, national insurance or social security contributions (or equivalent taxes or social charges applicable under local law). Partner is solely responsible for any federal, state, provincial taxes, social security, national insurance contributions, social charge or other taxes that may be imposed as a result of receiving an Award and will indemnify PBS for any taxes (whether direct or indirect or otherwise) that may be assessed against PBS as a result of an Award. Partner acknowledges and agrees that PBS may be obliged under applicable law to report to tax or other authorities, information relating to the Partner’s receiving an award. Liability for taxation or similar charges shall be the sole responsibility of the Partner, and Partner agrees to provide tax ID numbers or cooperate with PBS in any required reporting.
7. General Terms:
A. Partner acknowledges and agrees that PBS has not made and hereby disclaims any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the Program, any Award or these Terms.
B. Any Partner that is a Government Entity (as defined below) is not eligible for Awards. “Government Entity” means any national, provincial, or local government, department, agency, instrumentality, state-owned or state-controlled (in whole or in part) company, public international organization, political party, or entity that is financed in large measure through public appropriations, is widely perceived to be performing government functions, or has its key officers and directors appointed by a government.
C. In the event of a dispute as to the source of any Submission, the authorized account holder of the email address used to enter will be deemed to be the entity making the Submission on behalf of their Partner employer.
D. PBS reserves the right in its discretion to (a) cancel, terminate, modify or suspend the Program, any Award or these Terms for any reason, at any time and without any liability, and (b) limit or restrict participation in the Program upon notice.
E. Partner is solely responsible for compliance with any applicable laws, rules and regulations, contractual limitations and/or office or company policies, if any, regarding Partner’s participation in the Program or acceptance of an Award. If a Partner is not permitted to accept any Award, then Partner may return such Award.
F. PBS will not make Awards to any Partner that is subject to sanctions by the United States.
G. PBS is not responsible for lost, late, misdirected, undeliverable, incomplete or indecipherable Submissions or other communications.
H. PBS shall not be liable to any Partner or other person for failure to supply an Award or any part thereof, for reasons beyond the reasonable control of PBS.
8. LIMITATIONS OF LIABILITY AND RELEASE. PARTNER AGREES THAT PBS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY PARTNER AND OTHER PARTICIPANTS 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, THE PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, 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.
9. PUBLICITY. Partner acknowledges and agrees that PBS may use the Program (including any Submission) for publicity, advertising or other marketing purposes, in any media, and may use the name, likeness, city and/or Award information of potential winners as part of that publicity, without additional compensation. PBS may also send potential winner(s) a declaration of eligibility / liability / publicity release ("Release"). Unless restricted by law, potential winners receiving such a Release may be required to complete and return it within the time period specified therein. An Award may be forfeited if a potential winner: (i) cannot be reached; (ii) fails to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Terms; or (iii) cannot accept or receive the Award for any reason.
10. CHOICE OF LAW. These terms will be construed under the laws of the state of California, without reference to any choice of law provisions.
11. ANTI-CORRUPTION LAWS. Partner represents and warrants that it shall not take any action or permit or authorize any action which will render PBS liable for a violation of any applicable country’s bribery and other anti-corruption laws. No Awards are to be used for any illegal purpose whatsoever, including, but not limited to, the offering, giving or promising to offer or give, directly or indirectly, money or anything of value to any official of a government, political party or instrumentality thereof in order to assist it or PBS in obtaining or retaining business.
