By submitting the requested information (“Application”) as part of this Innovation Challenge, you on behalf of yourself and/or your company (“Applicant”) agree to abide by these Application Terms (the “Terms”), the terms and conditions of our vendor, SurveyMonkey, and the decisions of Johnson & Johnson Services, Inc. (“JJSI”), JJSI’s parent company, affiliates or partner on this Innovation Challenge, which shall be final and binding in all respects.

By submitting an Application, Applicants warrant that no information provided as part of the Application IS OR can be deemed confidential OR proprietary, considered a trade secret or privileged. The Applicant undertakes to indemnify JJSI against any losses and/or claims that may arise from a breach of this clause.

Applicant acknowledges and agrees that a confidential relationship is not established or implied by JJSI’s acceptance or consideration of an Application. All submissions are voluntary and submitted on a non-confidential basis only. Applicant acknowledges and agrees that JJSI, JJSI’s parent company, affiliates or partner to this Innovation Challenge shall have the right to consider all information disclosed in the Application as non-confidential and have the right to disclose all such information to its internal employees and consultants and to any third party, at any time and for any purpose.

The Innovation Challenge will be announced via email, press release and/or a social media post (collectively, the “Innovation Challenge Announcements”).  A Innovation Challenge Announcement will include how to apply, the application deadline and the award for that Innovation Challenge.  All information contained in a Innovation Challenge Announcement is incorporated herein by reference. To the extent that there is a conflict between a Innovation Challenge provision of the Innovation Challenge Announcement and these Terms, these Terms shall prevail with respect to such provision.

Potential solutions must aim to address health conditions that disproportionately impact communities of color, as well as entrenched factors known to drive disparities. To be considered, submissions must align with one or more of the following program focus areas AND Johnson & Johnson objectives:

FOCUS AREAS:

• Prevent and Treat Illnesses that Disproportionately Affect Communities of Color
  • Such as advancing innovative solutions aimed at preventing or addressing health conditions through new screening and diagnostic technology platforms.
• Enhance Equitable Access to Healthcare 
  • Such as technology solutions that advance health equity and care for diverse individuals.
• Stimulate Diversity in Science 
  • Such as solutions that encourage more young people of color to pursue careers in STEM and solutions that expand the diversity of the local clinical research workforce.
• Advocate for More Trustworthy Community-based Healthcare 
  • Such as promoting culturally competent care or addressing bias in clinical care.
• Promote Health Equity Through Community Engagement and Education
  • Such as connecting with community members on how to gain access to healthcare resources and solutions like preventative care.

JOHNSON & JOHNSON OBJECTIVES:

• Focus on Communities of Color
  • Propose or demonstrate impact on people of color
  • Submissions must come from and be inspired by one of five cities of interest (Atlanta, Chicago, Los Angeles, New York, and Philadelphia)
  • Have a demonstrable link to health and wellness outcomes
• Transform or Enhance Culturally Competent Healthcare Delivery 
  • Propose or demonstrate direct impact on the focus community (people of color in one of the five cities of interest) and have broad impact beyond the applying individual or institution 
  • Encourage participation or create pathways to achieve greater diversity in science
• Community-Based Offerings
  • Explicitly involve community participation and drive engagement among targeted residents of color with potential solutions that are tailored specifically for each city’s cultural and community differences 
  • Headquartered and operated in the community addressed by the application
• Policy and Advocacy
  • Address a healthcare concern in a manner intended to improve quality of care and trust in healthcare systems through community-based advocacy initiatives

WHO CAN PARTICIPATE: Submissions are limited to community-based innovators located within the greater metro areas of Atlanta, Chicago, Los Angeles, New York, and Philadelphia. Submissions on behalf of large corporations and national organizations are not eligible. 

WHO CANNOT PARTICIPATE: While all potential applicants are encouraged to apply, those that are Health Care Providers (“HCPs”), Government Officials (“GOs”) or any organization affiliated with either will be subjected to additional review and may not be ultimately eligible to participate or to receive the award.  Definitions of HCPs and GOs are listed below. If an Applicant is ultimately not eligible to participate or able to receive the award, we encourage potential Applicants to still apply as they may be considered by JJSI for future opportunities, separate and apart from the Innovation Challenge.  JJSI reserves the right to limit or restrict participation by any person, at any time, for any reason, including, but not limited to, due to U.S. government sanctions and restrictions on transactions or other activities with certain countries, individuals and entities.

HOW APPLICATIONS WILL BE EVALUATED: An external group of public health and health equity experts will review submissions with the aim of ensuring a relevant, localized, and independent assessment in each of the five Challenge cities. Each application will be evaluated based on the ability to meet the following criteria:

• Focus on health inequities experienced by people of color
• Ability to demonstrate need and measurably impact health within one of the defined metro areas
• Potential to expand
• Feasibility and practicality of the solution
• Implementation plan and timeline
• Current success metrics
• Team quality and capabilities
• Initial funding request does not exceed $75,000

Applicants are responsible for complying with any company policies related to participating in programs of this nature, including, but not limited to obtaining any necessary consents from their company to participate and to provide the information required for the Application and to submit it.

HOW TO SUBMIT AN APPLICATION:  Visit https://health-equity-innovation-challenge.smapply.io/ and follow the directions provided to complete and submit the Application.  You represent that all information provided as part of the Application is truthful and accurate. All Applications become the property of JJSI.  All Applications must be received by the deadline stated.

By submitting an Application, Applicants represent and warrant that:        

1. all information contained in the Application is original to the Applicant or the Applicant has secured all rights to submit the Application; 
2. no information is or can be deemed confidential or proprietary, considered a trade secret or privileged;
3. neither the Applicant’s Application nor JJSI’s use of the Application (or information contained thereon), in whole or in part, violates the right(s) of any third party;         
4. all activities of an Applicant’s business initiative are lawful;         
5. the Application does not contain offensive or libelous material, is truthful and not misleading; 
6. the Applicant has considered and complied with all contractual and/or confidentiality commitments that may be applicable to his/her Application, including compliance with (local) privacy laws and regulations, business privacy policies, data use policies, policies governing disclosure of company information, agreements with third parties, and any other company policies or commitments that may be applicable; and   
7. Applicant has submitted the Application in accordance with these Terms. 
8. Applicant is not prohibited by local law in any manner from receiving the Award in full or in part.
9. If you participate in the per Innovation Challenge on behalf of your company or organization, you are authorized to undertake obligations mention herein on behalf of your company or organization.

Applicant understands and agrees to be responsible for applying for any necessary intellectual property protections in connection with any information provided as part of the Application, including, but not limited to, any patents, prior to submitting the Application. Applicant acknowledges and agrees that JJSI is not responsible and will have no liability for any claims or actions associated with Applicant’s failure to do so. 

Each Applicant understands and acknowledges, to the extent permitted by law, that: i) JJSI has wide access to ideas, designs, protocols, methodologies and other materials (collectively, “Ideas”), and those new Ideas are constantly being submitted to it or being developed by their own employees; ii) many Ideas may be competitive with, similar to, or identical to content in the Application and/or each other in concept, approach, format, or other respects; iii) Applicant  will not be entitled to any compensation as a result of JJSI's development or use of any such similar or identical material that has or may come to JJSI, or any of them, from other sources. Except where prohibited by law, each Applicant acknowledges and agrees that JJSI does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Applicant or any third party’s copyright, patent or other intellectual property right in and to the submission. Finally, to the extent permitted by law, each Applicant acknowledges that, with respect to any claim by Applicant relating to or arising out of any JJSI's actual or alleged exploitation or use of any Application or other material submitted in connection with the Innovation Challenge, the damage, if any, thereby caused to the applicable Applicant will not be irreparable or otherwise sufficient to entitle such Applicant to seek any injunctive or other equitable relief or in any way enjoin, otherwise interfere with, delay, or interrupt the production, distribution, exhibition, or other exploitation of any production based on, or allegedly based on, the Application, and, to extent permitted by applicable law, Applicant’s rights and remedies in any such event shall be strictly limited to the right to recover reasonable and documented out-of-pocket costs associated with entering the Innovation Challenge, if any, in an action at law.

ACCOUNT, PASSWORD AND SECURITY: As part of the registration process required to submit an Application, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify JJSI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. JJSI cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that JJSI shall be the sole arbiter of such dispute in its sole discretion and that JJSI's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

PRIVACY: JJSI is committed to protecting the privacy of Applicants. Please see JJSI’s Privacy Policy and SurveyMonkey's Privacy Statement for more information.

JJSI and its Innovation Challenge partner shall use and take care of any personal information you supply to it in accordance with their respective privacy policies and in accordance with data protection legislation. By submitting an application, limited personal information about your application, such as your name and your basic business contact details as representative from the applicant company can be requested for the evaluation of your application and award handling only. By submitting an Application, the Applicant agrees to this transfer. The collection, retention, usage and distribution of any personal information included in the Application in order to process and contact the Applicant for the purposes is outlined in the paragraphs below. 

Your personal information will not be shared with 3^rd parties nor will it be used for any other purpose, unless you gave your explicit consent or did opt-in to receiving (marketing) communications from JJSI, JJSI’s parent company, affiliates or partners. Your personal information will not be kept for longer as strictly necessary and JJSI, JJSI’s parent company, affiliates or partners will delete any personal information it might become aware after evaluation of applications and awarding the award or in the event you decide to opt-out for future (marketing) communications.

Your personal information may be stored and processed in any country where we have facilities or service providers, and by providing consent to us (where required by law), your information may be transferred to countries outside of your country of residence, which may provide for different data protection rules than in your country.  Appropriate contractual and other measures are in place to protect personal information when it is transferred to our affiliates or third parties in other countries

APPLICANT SCREENING AND SELECTION: Initial Application Review: Applications submitted for the Innovation Challenge may be transmitted to/from the United States and will be reviewed by representatives of JJSI, JJSI’s parent company, affiliates or partners. Eligible Applications received during the Innovation Challenge Period will be reviewed for eligibility and eligible Applications will be judged based on the following criteria, weighed equally: project for which the Applicant proposes to use the award, strategic fit, and Applicant’s proposal for how the award will be utilized for the Applicant’s project.  Presentations: A select number of Applicants will be invited to present their proposals addressing at least one of the categories above before representatives of JJSI (“Selected Applicants”), JJSI’s parent company, affiliates or partners. All details of the presentations will be provided to Selected Applicants at time of notification, including, without limitation, date and time of presentation and any guidelines with respect to what must be presented and how.

No part of the presentation should contain information that is or could be deemed confidential or proprietary, considered a trade secret or privileged. The “Innovation Challenge Award Recipients” will be determined by JJSI, JJSI’s parent company, affiliates or partners from among the Selected Applicants. Decisions of JJSI are final and binding in all matters. Innovation Challenge Award Recipients will be announced on the date specified in the Innovation Challenge Announcement. Potential Innovation Challenge Award Recipients will be required to execute and return an Applicant Agreement and Release and other documentation within a time period specified by JJSI. If such documents are not returned within the specified time period, a potential Innovation Challenge Award Recipient cannot be contacted within a reasonable time period or is not in compliance with these Terms, such potential Innovation Challenge Award Recipient will be disqualified and another Applicant may, in JJSI’s sole discretion, be selected and the award awarded to another eligible Applicant in accordance with these Terms.  

EVALUATION PROCESS: To identify top ideas and candidates for funding and mentorship, JJSI will work with a variety of external experts from within the priority communities as well as experts with diverse backgrounds and experiences to ensure innovations come to life across public health, policy, provider training, health system infrastructure and care delivery pillars. In addition to reviewing the applications, these 3rd-party individuals will also inform the overarching program and how each innovator and their innovation could be best supported by JJSI to bring their ideas to life.

AWARD: The award will be set forth in the Innovation Challenge Announcement.  The exact value of the award will be provided to Selected Applicants at time of notification. JJSI reserves the right, at its sole discretion, to substitute an award (or portion thereof) with one of comparable or greater value. JJSI, JJSI’s parent company, affiliates or partners also reserve the right to not provide any or all of the award and or revoke any such award or a portion of it, at any time, for any reason, acting in its sole and absolute discretion. Recipients are solely responsible for all applicable federal, state, provincial and local taxes, if any, as well as any other costs and expenses associated with award acceptance and use not specified herein or in the Innovation Challenge Announcement as being provided. The Selected Applicant agrees in return for the Award to provide JJSI at the end of the initial twelve (12) month award period with a non-confidential Innovation Challenge report, summarizing the background, methods, and key results from its research. 

PUBLICITY GRANT:  By submitting an Application, each Innovation Challenge Award Recipient agrees to the use by JJSI and its designees of Applicant’s name, company name, trademarks and logos, city and province/state of residence, images and/or likenesses for advertising and publicity purposes, in any manner, in any and all media, now or hereafter known, worldwide in perpetuity, without compensation (unless prohibited by law) or additional consents and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.

RELEASE OF LIABILITY:  By submitting an Application, to the extent permitted by law, Applicants agree to release, discharge, hold harmless and indemnify JJSI, its parent, affiliates, subsidiaries, and advertising and promotion agencies, SurveyMonkey, partners of the Innovation Challenge , and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind (including, without limitation, arising from claims based upon invasion of privacy, defamation, or right of publicity) to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Applicant’s participation in the Innovation Challenge and/or the use of the award or any Released Party’s use of any information provided as part of the Application.  

TAX INDEMNITY: Recipients are responsible for and will indemnify and hold JJSI, JJSI’s parent company, affiliates or partners harmless for all applicable federal, state, provincial and local taxes, if any, as well as any other costs and expenses associated with the award, award acceptance and use.

DUE DILIGENCE REVIEW: As an Applicant of this Innovation Challenge , you may be asked to participate in a due diligence review. The purposes of the review are to ensure that you comply with all applicable anti-corruption policies and anti-corruption laws, which is a requirement for any Award Recipient.  This process may require relevant personal information about your management, key staff, agents and other individuals (collectively referred to as “Individuals”), which may include their names, job titles, criminal and judicial background and connections to government officials, as permitted by applicable law. Where necessary or appropriate, information you provide may be combined with other information provided by JJSI, its affiliates, partners in the Innovation Challenge or designated due diligence providers. Your provision of personal information about Individuals is voluntary, but failure to provide requested information may make you ineligible as an Applicant. As part of its review and approval process, JJSI and partners of this Innovation Challenge , and/or its or their parent, affiliates, subsidiaries may make the information available to their authorized employees or partners.  Personal information may also be made available to external due diligence providers. In addition, personal information may be disclosed to a governmental authority, only as required or permitted by applicable laws, regulations or court orders or pursuant to a valid request. Accordingly, personal data may be transmitted or transferred to countries which may have different privacy or data protection regimes than in your country and outside the European Economic Area, which the European Union has determined currently lack appropriate privacy laws providing an adequate level of privacy protection. Parties will apply adequate privacy safeguards, such as intercompany arrangements or such other safeguards required by applicable law to protect such personal data. 

GENERAL CONDITIONS: To the extent permitted by law, Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled Applications; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Innovation Challenge or the Application process, including, without limitation, errors or difficulties which may occur in connection with the administration of the Application process or in any Application and Innovation Challenge-related materials.  Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Application process or the Innovation Challenge.  Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Application process or downloading materials from or use of the website.  Persons who tamper with or abuse any aspect of the Application process or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Terms, as solely determined by JJSI, will be disqualified. JJSI reserves the right at its sole discretion to suspend, modify or terminate the Application process at any time and for any reason.  CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE APPLICATION PROCESS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, JJSI RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Void where prohibited by law. Innovation Challenge is subject to all applicable federal, provincial, state and local laws.

CHOICE OF LAW: To the extent permitted by law, Applicant understands that any and all legal actions or claims arising in connection with this FUND PROGRAM must be brought in a court of competent jurisdiction in the State of New York. Applicant agrees, to the extent permitted by law, that: (1) any and all disputes, claims and causes of action arising out of or connected with the Innovation Challenge or any grant provided shall be resolved individually, without resort to any form of class action, (2) any and all claims, judgments and grants shall be limited to actual out-of-pocket costs incurred, and in no event will I be entitled to obtain attorneys' fees or other legal costs; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) Applicant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.  New York law, without reference to New York choice of law rules, governs the Innovation Challenge and all aspects related thereto.

[“Government Official” or “GO” means any official or employee of a government agency or instrumentality of the government including but is not limited to a political party, party official or candidate, or public international organizations. It also includes individuals representing himself or herself as a GO, for example, a customs official, inspector, auditor, investigator, elected official, or employee of a government ministry or agency.  Note that this definition includes agents or employees of some non-governmental (NGO) organizations where those organizations perform quasi-governmental services such as distribution of drugs and medical devices or delivery of health care services, an individual who is an agent or consultant to a government agency, or provides a primary business address at a government facility, uses a military title  or rank, supplies an email address associated with a government entity or is otherwise known or believed to be a government employee. Health Ministries and government-owned hospitals often employ HCPs who may be GOs under local law. A private HCP that provides consulting services or otherwise acts as an agent of the government, these individuals should be considered Government Officials.

“Health Care Provider” or “HCP” means: 

• All physicians; and   
• Any other individual, institution or entity with the ability to prescribe, acquire or influence the prescription or acquisition of the Johnson & Johnson (including its affiliates and subsidiaries) products or services at issue, and either of the following:   
  • The products at issue are regulated or registered as medicinal products or devices (or their equivalents) in the applicable country; or 
  • The products or services at issue are subject to reimbursement by government or third parties; or, are offered for sale with products or services subject to such reimbursement.

Examples of HCPs -- depending on the nature of the products or services at issue -- may include, but are not limited to, doctors, nurses, physician assistants, pharmacists, other para-medical staff, members of product formulary committees, health economists, key opinion leaders including scientists and/or PhD’s, clinical investigators and researchers, administrative and management employees of private and public hospitals, HCPs-in-training and medical societies.