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W2 Labs Logo

Terms & Conditions

Introduction

W2 Labs is the name given to the business development and mentoring programme (the “Programme”) developed and run by Wincanton PLC and L Marks LTD designed to support entrepreneurs developing products in the areas of improving asset utilisation, accessing and brokering space, connected driver and cab and data challenges.

The Organisers (as fully defined below) are offering the opportunity for up to eight individuals or teams (“Participants”) to participate in the Programme. By applying to become a Participant in the Programme, you give your full and unconditional agreement to these terms & conditions (the “Terms & Conditions”) and submit to the Organisers’ decisions, which are final and binding in all matters related to the Programme.  If you are invited to become a Participant in the Programme, your participation is contingent upon fulfilling all requirements set forth in these Terms & Conditions and entering into such further agreements as may be required by the Organisers or referenced in these Terms & Conditions.

Terms and Conditions

  1. DEFINITIONS
    • Reference to the “Organisers” means each of:
      1. Wincanton Plc, Methuen Park, Chippenham, Wiltshire, SN14 0WT (“Wincanton”); and
      2. L Marks Limited, 20 Broad Lane, Hale, Altrincham, Cheshire, WA15 0DF (“L Marks”)
    • Reference to the “W2 Labs Committee” means the team of individuals from Wincanton and L Marks convened to oversee the running of W2 Labs, select Participants for the Programme, and attend a day organised by the Organisers for certain Applicants to present their ideas and plans (”Pitch Day”).
    • Other words used herein with a capitalised letter have the definitions given to them in these Terms & Conditions.
  2. ELIGIBILITY
    • Applications to participate in the Programme can be made by applicants (each an “Applicant“) who are:
      1. individuals or teams of individuals who have not yet formed a legal business entity, provided that the individual or individuals are at least 18 years of age; and
      2. companies and corporations (including not-for-profit corporations and other non-profit organisations), limited liability companies, partnerships, and other legal entities, so long as [all of?] the founding members of such entity are at least 18 years of age at the time the application is submitted.
    • Applicants must own or have access, at their own expense, to a computer, an internet connection and other electronic devices, documentation, software or other items the Organisers deem necessary to create and enter an application to the Programme.
    • Each Applicant who is a team or entity must appoint one individual (the “Representative”) to represent it and act on its behalf, including registering and entering an application. The Representative represents and warrants that he/she is duly authorised to act on behalf of the team or entity and has read these Terms & Conditions, and that the Applicant team or entity agrees to abide by these Terms & Conditions.
    • All costs incurred by the Applicant in preparing and submitting an application and, if selected, attending the Pitch Day and participating in the Programme, are to be borne by the Applicant and, unless agreed otherwise, the Organisers will not reimburse any Applicant for any such cost incurred.
    • Applicants must be able to attend in person the Pitch Day which will be held in the UK. International Applicants who are invited to participate in the Pitch Day and/or the Programme may be subject to UK visa requirements or restrictions and each Applicant is responsible for organising any relevant visa requirements, complying with any visa restrictions and for any associated costs that may apply to them.
    • The following individuals and entities are not eligible to apply for the Programme regardless of whether or not they meet the criteria set forth above: the Organisers and any member of their corporate group (being the respective Organiser’s subsidiary undertakings, holding company and the subsidiary undertakings of such holding company) and its and their respective directors, officers, employees and agents including members of the W2 Labs Committee, external business advisers to the Programme, any persons involved with the design, production, promotion, execution, or distribution of the Programme and in the case of any individuals listed in this section 2.6, each member of any such individual’s immediate family or household.
  3. APPLICATION
    • Applicants may enter an application between 00:00GMT on 23rd February and 00:00GMT on 9th April 2017 (the “Application Period”).
    • Any application entered outside the Application Period will not be automatically considered for participation in the Programme. The W2 Labs Committee shall reserve the right to consider late applications in exceptional circumstances (and the W2 Labs Committee shall decide in its sole discretion whether exceptional circumstances apply).
    • Applications must be for products that fall within one of the following categories:
      1. Improving utilisation of our assets;
      2. Accessing and Brokering under-utilised space and transport assets;
      3. Connected Cab and Driver;
      4. Data Challengers; and
      5. Wildcard
    • Applications to the Programme must be submitted through the website w2labs.com by clicking “Apply” and following the instructions.
    • Applications are in English and must be filled out in English.
    • The Application must contain the following information:
      1. A description of the product or concept in development;
      2. The stage of development of the relevant product or concept;
      3. The team;
      4. Company information (where applicable);
      5. Why the Applicant would like to join W2 Labs.
    • An Applicant may enter more than one application. Each application must, however, be substantially different from the Applicant’s other applications (and the Organisers shall determine in their sole discretion the similarity of the applications). If similar applications are received, the Organisers may require the Applicant to choose one of the similar applications to enter. If an individual is a member of more than one team or organisation, the applications made by the team or organisation that the individual is part of must be substantially different from other applications the individual is involved in.
    • An application may be rejected in the sole discretion of the Organisers for any reason, including if the application, either in part or in its entirety, is deemed by the Organisers to be obscene, defamatory, likely to incite violence or illegal activity, in violation of any third-party’s rights, or is otherwise deemed to be inappropriate.
    • Applications must not attempt to duplicate a prior application already submitted in this Programme. The Organisers reserve the right to disqualify any application that in the Organiser’s opinion is a duplicate or substantially similar to another application.
    • Applications must not violate the intellectual property rights or other rights including, but not limited to, copyright, trademark, patent, contract, and/or privacy rights of any other person or entity.
    • By entering an Application the Applicant represents, warrants and agrees that any use of the Application by the Organisers or the W2 Labs Committee as authorised by these Terms & Conditions, shall not infringe upon, misappropriate or otherwise violate any intellectual property right or proprietary right including, without limitation, any registered or unregistered trademark, copyright, design rights or patent, nor any privacy rights, moral rights nor any other rights of any person or entity.
  4. SELECTION CRITERIA
    • Applications to W2 Labs will be put through an initial screening by the Organisers. The W2 Labs Committee will rate the quality of all applications to the Programme by considering the following points:
      1. Quality of Concept – how much the W2 Labs Committee like the idea?
      2. Commercial Potential – how much demand is there for this product/service?
      3. Potential Impact on Wincanton – what impact could this have on Wincanton’s offering? How quickly would the team be able to integrate their solution?
      4. Quality of the team – to what extent does this team have the potential to succeed?
      5. Suitability for W2 Labs- what would the Applicant get out of participating in the Programme?
    • The W2 Labs Committee reserves the right to change, amend or add to these criteria at any time.
    • The W2 Labs Committee will select up to 20 Applicants to be invited to participate in the Pitch Day, though the W2 Labs Committee reserves the right (in its sole discretion) to select more or less depending on the quantity and quality of applications received.
    • All Applicants who are selected as Participants will be subject to further due diligence before they are eligible to participate in the Programme, which will include, without limitation, verification of identity including rights to live and work in the UK without sponsorship and security checks such as personal history, criminal record and financial probity, qualifications, details of legal entity (where applicable) and role in the creation of their idea by the Organisers.
  5. PROGRAMME PARTICIPATION
    • Applicants invited to join the Programme will be required to confirm their participation by Tuesday 16th May 2017. This will include entering into certain documentation which will be agreed between the Organisers and the Participants once an invitation has been issued. Until and unless any such documentation is agreed and entered into by all relevant parties the Participant shall not be obligated to participate in the Programme and the Organisers shall not be obliged to admit the Participant to the Programme.
    • At the sole discretion of the Organisers, a Participant invited to participate in the Programme will be deemed ineligible if:
      1. the documentation to join the Programme has not been agreed and executed by 5th June 2017;
      2. they are uncontactable or do not respond to attempts of communication for a period of more than 7 consecutive days; and/or
      3. they or any member of their team is disqualified for any other reason.
    • In the event of disqualification, the W2 Labs Committee, at their sole discretion, may select an alternative Participant.
    • The Programme will run for ten weeks. The key dates are as follows:
      1. Application launches – 1st March 2017
      2. Application Closes – 9th April 2017
      3. Pitch Day – 9th May 2017
      4. Successful Applicants invited to participate in the Programme – 9th May 2017
      5. Programme Commences – 5th June 2017
      6. Demo Day – 5th September 2017
      7. Programme ends – 18th September 2017
    • The Organisers reserve the right to change these dates at any time and for any purpose without notice.
    • Participants will be allowed to declare participation in the Programme on any website or materials as per promotion guidance given at the time of invitation. If a Participant is disqualified at any point, the right to claim association with the Programme is revoked.
    • Participants are required to participate in mentoring sessions, speeches and workshops organised as part of the Programme. The Organisers will consider a Participant’s external commitments when scheduling activities wherever possible.
    • The Organisers reserve the right to disqualify any Participants from the Programme for any reason, including, without limitation, unsatisfactory or inappropriate participation in Programme activities.
    • Participation in the Programme constitutes a Participant’s consent to each of the Organiser’s and their agents’ use of the Participant’s name and description, including organisation name, if applicable, and the Participant’s likeness, photograph, voice, opinions, comments and/or the place of business of the Participant (or individuals who contributed to the Participant’s application) for promotional purposes in any media, worldwide, without further payment or consideration for a period up until two years following the conclusion of the Programme.
    • The terms of any commercial agreement with Wincanton arising from Programme participation will be negotiated separately to these Terms & Conditions and any other Programme documentation (as per clause 5.1). At no point will participation in the Programme constitute a guarantee that Wincanton will offer or enter into a commercial agreement in respect of any product or service developed by a Participant.
    • Prior to joining the Programme, participants will be required to agree investment terms with L Marks and WIncanton. The investment terms will relate to up to a fixed amount of capital in return for a mutually-agreed equity participation. The investment will be subject to negotiation between the parties, acting reasonably and in good faith. Investments are not guaranteed and are subject to Programme performance. Wincanton and L Marks reserve the right not to invest in any Participants.
  6. ENTRY CONDITIONS AND INDEMNITY
    • Each Applicant acknowledges and agrees that the relationship between the Applicants, Wincanton, the W2 Labs Committee and L Marks is not a fiduciary, or other special relationship, and that the Applicant’s decision to apply to the Programme does not place the Organisers, the W2 Labs Committee and their respective agents in a position that is any different from the position held by the members of the general public with regard to elements of the application, except as specifically provided in these Terms & Conditions.
    • The Participant recognises that Wincanton and L Marks are separate entities which are independent of each other and that no partnership or joint venture exists nor shall be implied as between Wincanton and L Marks.
    • By submitting an application, each Applicant (including all participating members of an Applicant team or entity) agree(s) to:
      1. comply with and be bound by these Terms & Conditions and the decisions of the Organisers and/or the W2 Labs Committee, which are binding and final in all matters relating to the Programme; and
      2. indemnify, defend and hold harmless the Organisers, the W2 Labs Committee and their respective parent, subsidiary, and affiliated companies and any other organisations responsible for sponsoring, fulfilling, administering, advertising or promoting the Programme, and all of their respective past and present officers, directors, employees, agents and representatives from and against any and all claims, expenses, and liabilities (including legal fees), including, but not limited to, negligence and damages of any kind to persons and property, defamation, infringement of trademark, copyright, design right or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Applicant’s entry, creation of application or entry of application, participation in the Programme, acceptance or use or misuse of the prize (including any related travel or activity), participation in Pitch Day, participation in the Programme and/or the broadcast, transmission, performance, exploitation or use of application as authorised or licensed by these Terms & Conditions.
  1. LIABILITY
    • Subject to clause 7.2 and 7.3, the liability of the Organisers under this agreement is strictly limited to £100 each.
    • Subject to clause 7.3, Wincanton and the Administrators shall have no liability in connection with:
      1. any incorrect or inaccurate information, whether caused by the Organisers’ or an Applicant’s electronic or printing error or by any of the equipment or programming associated with or used in the Programme;
      2. technical failures of any kind including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Programme website;
      3. unauthorised human intervention in any part of the entry process or the Programme;
      4. technical or human error which may occur in the administration of the Programme or the processing of applications; and
      5. any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Applicant’s application to or participation in the Programme. If for any reason any Applicant’s application is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the Applicant’s sole remedy is to request the opportunity to resubmit its application, which request will be determined in the sole discretion of the Organisers if the Programme submission period is still open.
    • Nothing in these Terms & Conditions shall exclude or limit any party’s liability for death or personal injury caused by its negligence, for fraudulent misrepresentation and/or for any other loss or damage the exclusion or limitation of which is prohibited by English law.
  2. GENERAL CONDITIONS
    • The Organisers reserve the right to cancel, suspend and/or modify the Programme, or any part of it, if any fraud, technical failure or any other unanticipated factor or factor beyond the Organisers’ control impairs the integrity or proper functioning of the Programme, as determined by the Organisers at their sole discretion. The Organisers reserve the right in their sole discretion to disqualify any Applicant or Participant, including if it finds the Applicant or Participant to be tampering with the Programme, specifically including, but not limited to, the entry or voting process (for example by using the aid of computer software programs to auto-fill entries), or the operation of the Programme, or to be acting in violation of these Terms & Conditions, or in a manner that is inappropriate, unsportsmanlike, not in the best interests of this Programme, or a violation of any applicable law or regulation.
    • Any attempt by any person to undermine the proper conduct of the Programme may be a violation of criminal and civil law, and, should such an attempt be made, the Organisers reserve the right to take proper legal action, including, without limitation, referral to law enforcement for any illegal or unlawful activities.
    • The Organisers’ failure to enforce, or any delay in the enforcement of, any provision of these Terms & Conditions shall not constitute a waiver of that provision. The Organisers are not responsible for incomplete, late, misdirected, damaged, lost, illegible or incomprehensible applications, or for address or email address changes of the Applicant or Participant. Proof of sending or submitting will not be deemed to be proof of receipt by the Organisers.
    • In the event of any discrepancy or inconsistency between any provisions of these Terms & Conditions and disclosures or other statements contained in any Programme materials, including, but not limited to, the Programme application form, Programme website, advertising (including, but not limited to, television, print, radio or online ads), these Terms & Conditions shall prevail.
    • The Organisers reserve the right, without liability, to amend these Terms & Conditions at any time, including the rights or obligations of Applicants or Participants, Wincanton, the W2 Labs Committee and L Marks. In such event, the Organisers will post the amended Terms & Conditions on the Programme website. Any amendment will become effective at the time the Organisers post the amended Terms & Conditions.
    • All intellectual property related to the Programme (excluding Applicants’ and Participants’ products and innovations and proprietary intellectual property), including, but not limited to, trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations, are owned or used under license by Wincanton, the W2 Labs Committee and/or L Marks. All rights are reserved. Unauthorised copying or use of any copyrighted material or intellectual property without the express written consent of its owners is strictly prohibited.
    • Should any provision of these Terms & Conditions be, or become, illegal or unenforceable, such illegality or unenforceability shall leave the remainder of these Terms & Conditions unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the W2 Labs committee’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
  3. PRIVACY
    • Any personal information collected from you when entering the Programme is subject to the privacy policy located here.
  4. LAW AND JURISDICTION
    • These Terms & Conditions are governed by English law and the parties hereby accept the exclusive jurisdiction of the English courts in relation to any dispute (including any associated non-contractual disputes or claims) arising under or in connection with these Terms & Conditions or the Programme.
  5. CORRESPONDENCE
    • All postal correspondence in respect of the Programme should be marked W2 Labs and sent care of L Marks Limited to 338, City Road, London, EC1V 2PY
    • For any email enquiries, please contact w2labs@lmarks.com