1. DESCRIPTION AND OBJECTIVES OF THE PROGRAMME
This regulation (the “Regulation”) establishes the terms and conditions of participation and the rights and obligations of the Participants in the 1st edition of the acceleration programme for ideas and projects promoted by Sporting Clube de Braga – Futebol, S.A.D. (“SCB SAD” or “Promoter”), which aims to contribute to the development and acceleration of businesses based on knowledge and technology for the sports sector, in general, and for the sport of football, in particular, or that can be adapted to this sector (“SCB INNOVATION HUB” or “Programme”).
2. RECIPIENTS OF THE PROGRAMME AND CONDITIONS FOR PARTICIPATION
- SCB INNOVATION HUB is aimed at natural persons over the age of 18, of any nationality, who have incorporated a start-up company, as well as legal entities under Portuguese or foreign law, whether in the form of a start-up or not (“Participants”).
- The Participants, in case they are natural persons, must hold at least 75% of the start-up’s share capital.
- SCB INNOVATION HUB will be composed of a minimum number of 10 and a maximum of 12 Participants.
3. APPLICATION DEADLINE
- The application period will last from 16 March 2023 to 30 April 2023, by submitting the same through an online form available for this purpose at http://innovationhub.SCBraga.pt.
- The Programme Promoter may, unilaterally and by prior notice published on http://innovationhub.SCBraga.pt, extend the deadline for submission of applications.
4. SELECTION OF PARTICIPANTS
- The selection of Participants will be made according to the number of available places and after a detailed analysis of the respective application.
- Applications will first be validated with respect to the admissibility criteria of both the Participants and the start-up as well as the business ideas presented in the application form.
- Participants will be informed that they will not proceed to the next stage of assessment if their applications (i) do not meet the conditions referred to in paragraph 2 of this Article, (ii) have not been pre-selected, or (iii) do not provide sufficient information.
- The applications will be assessed by a panel appointed by SCB SAD.
- The assessment of each application will take into consideration the following criteria:
- Experience, knowledge and capacity of the Participants and their team;
- Project viability;
- Contribution to the sports sector;
- Growth potential of the project; and
- Innovative nature of the project.
- The Participant’s participation in SCB INNOVATION HUB is subject to acceptance of the Terms and Conditions of participation provided in this Regulation.
- Additionally, the participation in SCB INNOVATION HUB and the assessment of the viability of the Projects presented are subject to the presentation of a possible partnership proposal by SCB SAD, with terms and conditions subject to private negotiation and a final agreement between SCB SAD and the Participants.
SCB SAD has the right to exclude, cancel or reject any application or idea submitted, and/or cancel the participation of any person / company, at any time, during the course of the SCB INNOVATION HUB programme.
6. OBLIGATIONS OF THE PARTICIPANTS
- The selected candidates must participate in all the activities promoted in the scope of the SCB INNOVATION HUB, except in duly justified cases.
- The unjustified absences of the Participants will result in the exclusion of the respective project from the SCB INNOVATION HUB.
The SCB INNOVATION HUB will be have a hybrid format (face-to-face and online) and the activities to be carried out in a face-to-face format will take place in the city of Braga, without prejudice to, exceptionally, taking place in another location on national territory.
The 1st edition of the SCB INNOVATION HUB will start on 1 June 2023, and will end at the end of the 2023/2024 football season, which is expected to occur on May 2024.
Neither SCB SAD, nor any of the other partners of the SCB INNOVATION HUB, shall be liable for any cancellation, postponement or change of format of the SCB INNOVATION HUB.
In any case, SCB SAD will communicate any modifications made to the Programme to the Participants as soon as possible and by the means SCB SAD considers appropriate.
10. INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS
All inventions, designs or models comprising an aesthetic creation, signs used by each of the start-ups to distinguish products and other elements in the market, intellectual creations in the literary, scientific and artistic fields, databases, computer programmes, in any form, namely, source and object codes (including preparatory and design materials), technical and commercial knowledge about ideas products or procedures and confidential business and others in accordance with the provisions of the legislation applicable to intellectual property that are related to the SCB INNOVATION HUB and that are necessary for its implementation and development, shall be transferred to the start-up until the moment of formalisation of the partnership between the start-up and SCB SAD, and shall remain at all times in the ownership of the start-up, free of any liens or charges.
In this Regulation, “Confidential Information” means any document or information (of an economic, financial, technical, commercial, strategic or any other kind) made available by SCB SAD, or any individual or legal person acting on its behalf, to the Participants, by any means (whether orally, in writing or recorded on any type of medium) and at any time. All analysis, compilations of information, studies, summaries, extracts or documents of any kind prepared by SCB SAD based on Business Information shall also be considered Confidential Information.
In particular, and without prejudice to the foregoing, the concept of Confidential Information includes any document or information: (i) identified as being confidential or containing a similar indication; (ii) that is designated by SCB SAD, in writing or orally, as Confidential Information; (iii) that has commercial value; (iv) that is not generally available to the public; or that, (v) due to its nature or the circumstances of its disclosure, should in good faith be treated as confidential.
The following information shall not be considered Confidential Information:
(A) information that, prior to participation in the Programme, is in the public domain, or becomes public after that date, provided that the publication of the information is not due to a breach of this Regulation by the Participants or any of their staff, consultants or auditors;
(B) information that is not of a confidential nature and that is in the possession of the Participants prior to its disclosure by SCB SAD, or of which the Participants become independently aware (provided that this fact is disclosed to SCB SAD); and
(C) information obtained from any third party without there having been a breach of this Regulation.
The Participants undertake before SCB SAD the fulfilment of the following obligations (and to ensure that they are fulfilled by their staff, consultants or auditors):
(A) guarantee the secrecy and confidentiality of the Confidential Information at all times and refrain from communicating or disclosing it, directly or indirectly (orally or in writing), to any other person or entity without the prior written consent of SCB SAD (which may be provided by any means SCB SAD deems appropriate), with the sole exception of staff, consultants and auditors collaborating with the Participants who are actively and directly involved in the participation in the SCB INNOVATION HUB or if the disclosure has been expressly authorised under the terms of this Regulation. The Participants shall inform the people to whom they disclose Confidential Information of the confidential nature thereof. The Participants undertake to ensure that the Confidential Information does not become known to any third party for reasons attributable to them or their staff, consultants or auditors; and
(B) refrain from using the Confidential Information for any purpose (including, without limitation, commercial or market purposes) other than the participation in the SCB INNOVATION HUB and the negotiations related thereto.
12. DATA PROTECTION
The Participants, individually or acting as legal representatives, as personal data subjects, are informed that the personal data provided in the context of participation in the SCB INNOVATION HUB will be processed by SCB SAD, as the controller, to ensure the registration, management and participation of Participants in the SCB INNOVATION HUB.
The provision of personal data by the Participants is necessary and mandatory for the purpose of processing all the dynamics of participation of the SCB INNOVATION HUB.
The legal basis for the processing of data is the need to ensure the proper functioning of the SCB INNOVATION HUB, the execution and management of this Regulation, and the fulfilment of any legal obligations to which SCB SAD is subject.
The data, which will only be communicated to third parties if necessary for the purposes of fulfilling or executing the Regulation and to ensure participation in the SCB INNOVATION HUB, will be kept for the duration of the SCB INNOVATION HUB, and, after this period, for the legally established periods in order to fulfil legal obligations or for the purposes of the declaration, exercise or defence of a right by SCB SAD in legal proceedings, if necessary.
Data subjects are also informed that they may exercise their rights of access, rectification, opposition, erasure, portability, limitation of processing, not to be subject to automated individual decisions, and any other rights that may be applicable to the case in question, by contacting, in this case, the Data Protection Officer of SCB SAD, available at [email protected].
Data subjects may also lodge a complaint with the Portuguese Data Protection Authority at www.cnpd.pt.
13. FINAL PROVISIONS
The official contact for clarifying queries and questions or to interact with SCB SAD representatives at the SCB INNOVATION HUB is: [email protected].
Participation in the Programme implies knowledge and full acceptance of the contents of this Regulation.
SCB SAD reserves the right to exclude from the Programme any Participants who deliberately use any false data or try to twist the rules and spirit of the Programme at any time, as well as to take legal action against them.
It is the responsibility of SCB SAD to resolve any conflicts that may arise from the clauses of this Regulation, or to analyse and decide on any omissions and/or exceptional cases.
If SCB SAD and the Participants cannot reach an agreement on any dispute arising from the interpretation or execution of this regulation, the dispute will be submitted to the courts of Braga, with the express waiver of any other.
This Regulation shall be governed and interpreted in accordance with Portuguese law.