MBC BioLabs California Golden Ticket Contest Official Rules

Bristol Myers Squibb Company (“BMS” or “Sponsor”), with its corporate headquarters at 345 Park Avenue, NY, NY 10154.

Bristol Myers Squibb is a platinum sponsor of MBC BioLabs, a biotech innovation hub in San Francisco, CA.  MBC BioLabs offers fully permitted laboratory and office space to early-stage companies. MBC BioLabs is not a sponsor of this Contest.

To be eligible to participate to have the opportunity to receive the Award, the Applicant must: (1) be an entity formed under the laws of the United States; (2) not have raised more than $7.5 million United States dollars in capital or have trailing twelve month revenue of more than $3 million United States dollars as of the time of Application and the closing date for the Contest; (3) submit a complete Application; (4) represent and warrant that the Applicant has read and agrees to abide by all requirements of these Rules; (5) not be affiliated with or employed by Bristol Myers Squibb or MBC BioLabs including as an employee, contractor, officer or director of Bristol Myers Squibb or MBC BioLabs and including as an immediate family member of Bristol Myers Squibb or MBC BioLabs (including parents, spouses, children, siblings or any individual residing in the household of a Bristol Myers Squibb employee, officer or director (whether or not related)); and (6) not be an academic institution such as a college, university or school.

By submitting an Application, each Applicant, all of Applicant’s team members, employees, contractors, owners, investors, agents, directors, officers and any other affiliated individual or company with Applicant, agrees to the terms and conditions of these Official Rules.

Applicant may submit only one entry to the Contest during the Application Period.  The Application for the Contest can be found here: https://www.surveymonkey.com/r/BMS_MBCBioLabs, and must be completed in full and include an accurate description of the Applicant’s non-confidential research in the fields of oncology, hematology, immunoscience, cardiovascular, neuroscience or fibrosis, including for novel target identification, drug delivery, discovery technology platforms, or translational research and development. Applicant must legibly complete each section of the Application in English and may not exceed the space provided for in the Application.  Applicants must also provide a non-confidential deck of no more than ten slides. Slides must address unmet medical need, solution, scientific principle, key data supporting the scientific principle, overview of business case, intellectual property, and highlight the team. Successful Applications will clearly address each aspect of the Judging Criteria. All Applications become the property of Sponsor and cannot be acknowledged or returned.

The Application must also provide the name of the entity submitting the Application, the state of formation, a description of how it is eligible under Section 3 of these Rules, contact information including a point-person to communicate with BMS about the Contest.

All costs incurred by Applicants in submitting an Application and/or presenting at the Pitch Event, if selected, are the sole responsibility of Applicants.

Bristol Myers Squibb is currently sponsoring three contests for Golden Tickets—with partner organizations in California, Massachusetts and New York.  Each contest is being administered and run separately.  Applicants are allowed to enter each contest one time.

Applications can be submitted through August 17, 2021 at 11:59 PM EST ("Application Period"). All submissions need to be received by Bristol Myers Squibb by August 17, 2021 at 11:59 PM EST. Any submissions received after such date and time will not be considered.

The Judges for the Contest are the Bristol Myers Squibb Golden Ticket Committee, which consists of Bristol Myers Squibb employees who are qualified experts in their fields, including in the fields of scientific and/or medical research and business (“Judges”). Judges shall have authority to make decisions as to the Award Recipients. Applications will be judged using the following criteria:

• Fit of the research in the fields of oncology, hematology, immunoscience, cardiovascular, neuroscience or fibrosis; including for novel target identification, drug delivery, discovery technology platforms, or translational research and development.
• Quality of the work;
• Potential for successful development of the research; and
• Need for the research in the applicable field

(“Judging Criteria”).

Judges will select a sub-set of the Applicants as Finalists. Finalists will be requested to present their concept as part of a Bristol Myers Squibb virtual innovation event to be held on or about October 13, 2021. All innovation event presentations will be non-confidential.

Between August 17, 2021 and September 16, 2021, the Judges may contact Applicants for additional information. If so contacted, Applicant must respond to such request in order to remain eligible to have the opportunity to win the Award. The Decisions of the Judges shall be final and binding on all Applicants and cannot be challenged in any manner.

Bristol Myers Squibb will award two individual laboratory bench spots, consisting of shared fully permitted and equipped co-working lab space for biomedical research, at MBC BioLabs in San Francisco, CA based on the Judging Criteria.  In their discretion, Judges may award two individual laboratory bench spots to a single Applicant that best meets the Judging Criteria or Judges may award two different Applicants a single bench spot each (“Award Recipient or Award Recipients”).

Individual laboratory bench spots include fully functional lab space, permits, waste handling, plus all reasonably common lab equipment for biomedical research.  Access to MBC BioLabs hosted events including life sciences programming, conference rooms, event space and kitchens are included subject to availability.  Reservations of certain equipment and conference room space are through an on-line reservation tool.  Office space and other space for technical, business and scientific contract research organization support services, and office support services are not part of the Award, but may be available from MBC BioLabs by separate agreement.  Further, any potential Award Recipient must agree to the terms and conditions that MBC BioLabs requires for users of MBC BioLabs in order to be eligible to receive the Award.

MBC BioLabs has the ultimate discretion and authority to terminate or decline the Award to any particular Award Recipient including, but not limited to an Applicant that is not compatible with or does not meet the criteria consistent with MBC BioLabs’ mission, exceeds the eligibility requirements of funding and revenue maximums identified in these Rules, or fails to execute an acceptable agreement with MBC BioLabs.

The total value of each Award, namely, one year of an individual laboratory bench spot at MBC BioLabs, is approximately $25,000.  This amount represents the amount charged by MBC BioLabs to the extent an entity contracted independently with MBC BioLabs for one individual lab bench spot.

Bristol Myers Squibb has no reason to believe that there is a waiting list for the individual lab spots (Award), however, to the extent there is a waiting list, MBC BioLabs may delay the start date of the one year spot, in its sole discretion.

Award is non-transferable and no substitutions or cash awards will be given by Bristol Myers Squibb or MBC BioLabs, except at the sole discretion of Bristol Myers Squibb. The Award is awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.

Award Recipients are solely responsible for the payment of all federal, state and local taxes pertaining to any aspect of the Award and for providing to Bristol Myers Squibb any information needed to comply with Bristol Myers Squibb’s tax reporting obligations as applicable before any Award is conveyed. All charges and expenses related to delivery, acceptance and use of the Award are solely the responsibility of the Award Recipients, including but not limited to: taxes, insurance, transportation, fees, room and board, and any other expenses incurred other than the cost of use of the bench space for one year.

Bristol Myers Squibb will notify the Award Recipient(s) following the Bristol Myers Squibb’s virtual innovation event to be held on or about October 13, 2021.  Bristol Myers Squibb will notify the potential finalists invited to participate in interviews through the email and/or phone number provided by the Applicant in the Application.  Applicants are responsible for ensuring the contact information provided in the Application is accurate and kept up-to-date.

Before granting any Award to a potential Award Recipient, Bristol Myers Squibb reserves the right to determine the eligibility of potential Award Recipient to the Award grant; to require the potential Award Recipient to confirm evidence of its eligibility; to require the potential Award Recipient to enter into an agreement with Bristol Myers Squibb and/or MBC BioLabs regarding the terms and conditions of its use of the Award; to confirm the potential Award Recipient’s agreement to and compliance with these Rules, and the execution of documents required by these Rules with Bristol Myers Squibb or MBC BioLabs.

Applications and pitch decks and innovation event presentations may only contain non-confidential information about Applicant’s research. 

Applications may not contain: material or information that violates or infringes a third party’s rights including but not limited to any privacy, publicity, trade secret, confidential or intellectual property rights including but not limited to patent, copyright or trademark.

Bristol Myers Squibb reserves the right to disqualify any Applicant if the Judges determine in their sole discretion that the Application contains material that does not comply with these Rules, does not meet the standards of Bristol Myers Squibb and/or MBC BioLabs, is not accurate and complete, or is inappropriate in any manner for the purposes of the Contest.

By submitting an Application, an Applicant represents and warrants that, consistent with the Rules: (a) the Application including the text of the description of research is Applicant’s original work; (b) Applicant owns all patent, copyright and other rights in the research described in the Application or has a license to use for such information or materials for its research; (c) the Application and the research identified in the Application does not violate, in whole or in part, any existing copyright, trademark, or any other intellectual property of any other person, organization or entity; (d) any third party material, content and/or ideas including intellectual property embodied or included in the research identified in the Application is not protected by patent, copyright, trade secret or confidentiality laws, or you have a valid license to use such material, content and/or ideas for any purpose, specifically including the Contest; (e) Applicant is not aware of any contractual obligations inconsistent with the Rules or pursuit of the research identified in the Application; (f) Applicant is not disclosing any confidential or trade secret information in the Application, including of Applicant or any third party; and (g) Applicant has full power and all legal rights to submit the Application to the Contest in compliance with the Rules.

By submitting an Application, Applicant including each of its employees, contractors, agents, directors, officers, owners and managers grants permission and a worldwide, perpetual, royalty-free nonexclusive license to Bristol Myers Squibb and MBC BioLabs, and their parents, affiliated entities, advisors and agents to use, reproduce, create derivative works, copy, and share the Application now or in the future for the purposes of the Contest, for any reason arising out of or related to the Contest and the promotion of the Contest including the sponsorship and participation by Bristol Myers Squibb and MBC BioLabs.  

By submitting an Application, Applicant including each of its employees, contractors, agents, directors, officers, owners and managers grants permission and a license to Bristol Myers Squibb and MBC BioLabs, and their parents, affiliated entities, advisors and agents grants permission and a license to use Applicant’s name, likeness, statements including all of its employees, team, contractors, agents, directors, officers, owners or managers, Application, city and state of formation, address, biographical information, voice, photographs and/or videos for purposes of the Contest, for any reason arising out of or related to the Contest and Bristol Myers Squibb and/or MBC BioLabs promotion of the Contest including the sponsorship and participation by Bristol Myers Squibb and MBC BioLabs, worldwide, in perpetuity, in any and all forms of media and print, now known and hereafter devised, including without limitation on the internet, social media, and Bristol Myers Squibb and MBC BioLabs’ web sites, press releases, in connection with any public and private meetings or events print and live media, without restriction as to frequency or duration, and without compensation, consideration, notification or further permission, except to the extent prohibited by law.  Applicant’s further agree that neither Bristol Myers Squibb nor MBC BioLabs have any obligation to use the name, likeness, Applications, biographical information, photographs, videos of Applicant or any of names, likenesses, biographical information, photographs or videos of Applicant’s team, employees, contractors, agents, directors, officers, owner or managers.

BRISTOL MYERS SQUIBB SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF USE OF THE AWARD OR ANY OTHER ASPECT OF AN AWARD RECIPIENT'S ACCEPTANCE OR USE OF THE AWARD.

By submitting an Application, Applicant also agrees and acknowledges that any and all research disclosed in the Application and in connection with the Judging of the Application, not otherwise covered by a confidentiality agreement, including any ideas, inventions, patents, suggestions, concepts, copyrights and any other information will be publicly disclosed, will be reviewed and available to Bristol Myers Squibb and MBC BioLabs, and may be available to a third party. As a result, Applicant agrees to waive all rights, claims and any cause of action Applicant may have against Bristol Myers Squibb and/or MBC BioLabs, including its patents, affiliated entities, advisors, agents, licensees, employees, contractors, directors and officers, arising out of or related to any ideas, suggestions and/or concepts that may be disclosed in the Application and/or the Judging process in any form fashion or respect.

By submitting an Application, Applicant agrees to these Official Rules and the decisions of Bristol Myers Squibb and MBC BioLabs, on behalf of the Applicant each of its affiliated entities or persons, including but not limited to Applicant’s employees, contractors, team members, owners, directors, officers, managers, owners, investors, respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Party”), and by submitting an Application, an Applicant hereby does release, defend and hold harmless Bristol Myers Squibb and MBC BioLabs and any of their affiliates, subsidiaries, advisors and individuals acting as judges, and their respective officers, directors and employees as applicable (“Released Parties”) from any and all causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, covenants, contracts, controversies, promises, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, claims and demands whosoever, in law, or equity, whether known or unknown, foreseen or unforeseen, which any Releasing Party has or may ever had, now or hereafter, arising out of or related to Contest, any Application including any research identified in the Application or in the Judging process, the Award, use or inability to use or be awarded the Award, these Rules, the preparation of any Application, delivery, misdelivery, acceptance, possession, attendance at, travel related to, misuse, and/or use of or inability to use the Award including but not limited to any claims related to any of Applicant’s intellectual property, trade secrets, confidential information, corporate opportunities, prospective business or contracts, contractual agreements, any oral or written statements made to Bristol Myers Squibb or any statements made by Bristol Myers Squibb in any way related to the Contest, during the Contest or related to Judges or the judging process for the Contest.

A potential Award Recipient must timely execute an agreement with Bristol Myers Squibb and/or MBC BioLabs that is satisfactory to Bristol Myers Squibb and/or MBC BioLabs in their sole discretion including confirmation of Potential Award Recipient's agreement to these Rules including but not limited to the “Ownership and Legal Right to the Research, Inventions, Other Materials Described and Embodied by Application” (Paragraph 10), “Grant of Licenses and Right to Use” (Paragraph 11), “Limitation of Liability, Waivers and Releases” (Paragraph 12), and other representations and warranties in these Rules, and any rules or policies of MBC BioLabs regarding potential Award Recipient’s use of the laboratory space at MBC BioLabs. Failing to do so will disqualify potential Award Recipient from receipt of the Award and an alternative potential Award Recipient will be chosen for the Award subject to the terms and conditions of these Rules.

Bristol Myers Squibb has the right to disqualify any Applicant from eligibility to receive the Award, terminate Award Recipient’s use of the Award and terminate Applicant’s participation in the Contest at any time, without any notice, in its sole and final discretion. 

Neither Bristol Myers Squibb nor its parents, affiliated entities, advisors, agents, employees, contractors, officers or directors is liable or responsible for any illegible, lost, stolen, late, damaged, misplaced or misdirected Applications including for any problems or technical malfunctions related to the electronic submission of an Application. 

If, for any reason, the Contest is not capable of running as planned including the unavailability of the Award for any reason, Bristol Myers Squibb reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest at any time. 

By submitting an Application to the Contest, Applicant acknowledges that no joint venture, partnership, employment, fiduciary or agency relationship exists between you and Bristol Myers Squibb, or any of its affiliated entities or advisors, and/or Bristol Myers Squibb or MBC BioLabs. 

Bristol Myers Squibb may run separate Golden Ticket Contests in different U.S. regions at the same time or at overlapping times.  These contests are run separately by Bristol Myers Squibb each pursuant to its own Official Rules.  As long as the Applicant complies with the eligibility criteria set forth in Section 3 of these Rules, an entity can submit separate Applications to multiple contests.