100-plex Grant Program—PhenoCycler-Fusion
Terms & Conditions
No purchase is necessary to enter. The 100-Plex Grant Program—PhenoCycler™-Fusion System (“Program”) is void where prohibited. By entering, each Participant accepts and agrees to be bound by these terms and conditions. Failure to comply with these terms and conditions may result in disqualification.
Eligibility
Participation in the Program is open to persons meeting these eligibility requirements (“Participants”). Participants must be professionally engaged in laboratory-based scientific research and have attained at least the age of majority in their jurisdiction of residence (Participants must, in any event, be at least 18 years of age at the time of entry)). Employees, officers, directors, agents, representatives and independent contractors of Akoya Biosciences, Inc. (“Sponsor”), together with their immediate family members and members of the same households (whether related or not), are not eligible to participate. Also ineligible are (1) residents of Cuba, Iran, North Korea, Sudan, Syria or any country subject to U.S. embargo; (2) any persons on the U.S. government’s Denied Persons List, Specially Designated Nationals list, Entity List, Unverified List or any other similar list maintained by the U.S. government or any other government to whose laws Sponsor, its subsidiaries or affiliated companies, the Program or such person is subject, and all persons employed by or otherwise associated with any such person (including any such business, research institution, government or private organization, or other type of legal person); and (3) any persons for whom it would be illegal to participate in the Program or receive a grant pursuant to the Program (“Grant”), or with or to whom it would be illegal for Sponsor to interact or award the Grant as contemplated herein. The Program is subject to all applicable laws and regulations, and is void where prohibited or where registration, bonding or language translation is required.
How To Apply
The Program application period begins on April 10 at 9 AM (PDT) and ends on June 30, 2022 at 5 PM (PDT); applications must be submitted during that period to be eligible. To apply, Participants must submit a Program application online at www.akoyabio.com/100-plex-grant. The application must include: (1) the Participant’s full name, email address, telephone number and any other contact information required by Sponsor; (2) the name of the Participant’s institution or company, and Participant’s title at such institution or company; (3) a descriptive title for the proposed project; and (4) an abstract proposal (written in 300 words or less) demonstrating how the Participant would use the Grant to support its applicable research project. Applications become the property of Sponsor. Sponsor makes no guarantee or warranty with respect to the security or confidentiality of applications, or the information contained therein. By applying, the Participant gives permission to Sponsor to contact the Participant regarding Sponsor products and services, whether or not the Participant is selected as the Grant recipient (“Recipient”). Each Participant shall be entitled to submit only one (1) Program application. In the event that Sponsor in its sole discretion determines that a Participant submitted multiple applications or acted in bad faith with respect to the application process, the Participant may be excluded from the Program and consequently ineligible to receive the Grant.
Selection Of Recipient
One (1) Recipient will be selected from all qualified applications by a panel of Sponsor scientists, who will choose the application that, in the sole discretion of Sponsor, would best make use of the Grant to demonstrate the power of the PhenoCycler-Fusion platform and the 100-plex immune-oncology panel. The decision of this scientific panel will be final and binding and shall not be subject to review or appeal by any Participant or by any third party. Sponsor will attempt to notify the selected Recipient by email within approximately five (5) business days after selection. If the selected Recipient does not respond to email inquiries within two (2) days, Sponsor will attempt to contact the selected Recipient by telephone. If the selected Recipient cannot be reached by telephone within two (2) days of first telephone attempt to notify such selected Recipient, the Grant may be forfeited and an alternate Recipient may be selected, based on the criteria set forth above, in the sole discretion of Sponsor. Sponsor is not responsible for nor shall have any liability for the selected Recipient’s or any alternate Recipient’s failure to receive notices. Nor shall Sponsor be liable for the selected Recipient’s or any alternate Recipient’s provision of incorrect or otherwise non-functioning contact information. The odds of receiving the Grant depend on the number of eligible applications received.
Grant Description; Service Terms
The Grant consists of the performance by Sponsor, at no charge to the Recipient or its institution or company, of staining to analysis services for up to three (3) FFPE Human Tissue Samples (including xenograft). The 100-plex “Hallmarks of Cancer Panel” comprises the following predefined sets of biomarkers: Immune Cell Profiling Core, Advanced Lymphocyte Module, Advanced Myeloid Module, Immune Activation Module, Metabolism Module, Stress & Death Module, Metastasis, Structural Module, for a total of 100 cancer biomarkers. Upon completion of such services, Sponsor will provide a report (in Sponsor’s standard format) with characterization and visualization data of the relevant tissue microenvironment. Approximate retail value of the Grant is $25,000.00 USD.
Receipt of the Grant by the Recipient is conditioned on compliance with any and all federal, state, and local laws and regulations. If the Recipient violates any of these terms and conditions, the Recipient (at Sponsor’s sole discretion) will be disqualified, and any and all privileges as the Recipient will immediately terminate.
As a condition to receiving the Grant, the Recipient’s institution or company must agree in writing to Sponsor’s standard terms and conditions for the applicable staining to analysis services, which set forth, among other things, requirements for samples, sequencing data or other information or materials to be provided to Sponsor, Sponsor’s right to use data resulting from the services for product development purposes and in marketing or informational materials (and to indicate in connection with such materials that such data were generated in collaboration with Recipient and its institution or company), and limitations on Sponsor’s liability (“Service Terms”). If the Recipient’s institution or company fails to agree in writing to the Service Terms, the Grant may be forfeited and an alternate Recipient may be selected, based on the criteria set forth above, in the sole discretion of Sponsor. Recipient shall ensure that all tissue samples, sequencing data and other information and materials to be provided to Sponsor under the Service Terms are provided to Sponsor no later than September 30, 2022 (unless otherwise agreed by Sponsor).
Restrictions Apply
The Grant may not be transferred or assigned; no substitutions or cash equivalents are allowed. Each Participant understands and agrees that (except as otherwise provided in the Service Terms no ideas, information or materials that are submitted to or otherwise provided by such Participant to Sponsor in connection with the Program will be returned, and that Sponsor makes no guarantee or warranty with respect to the security or confidentiality thereof. All taxes on the Grant and reporting thereof, and any other costs, fees and expenses relating to the Grant or the Program, are the sole responsibility of the Recipient and/or the Recipient’s institution or company. By submitting an application or accepting the Grant, each Participant agrees on behalf of such Participant and such Participant’s institution or company: (1) to be bound by these terms and conditions; (2) that Sponsor shall retain full authority, in its sole discretion, to interpret and administer these terms and conditions; (3) that any dispute with regard to the conduct of the Program, award of the Grant or interpretation or administration of these terms and conditions, shall be resolved by Sponsor, whose decision shall be binding and final; and (4) to be bound by all decisions and interpretations made in good faith by the Sponsor. Furthermore, each Participant represents and warrants that: (a) such Participant meets the eligibility requirements of the Program; (b) such Participant has obtained all required authorizations and permissions from such Participant’s institution or company to apply for the Program or receive the Grant; (c) applying for the Program or receiving the Grant does not and will not violate any law or regulation, or any of such Participant’s institution’s or company’s rules or policies; and (d) the information contained in such Participant’s application is true and correct in all material respects and is owned or rightfully possessed by the Participant without restriction on disclosure. Sponsor may refuse to award the Grant if the Sponsor determines in its sole discretion that doing so may result in a violation of an applicable law, rule, or policy or any rights of any third party. The Recipient is subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Program.
Use Of Recipient’s Name, Likeness And Other Information
Without limiting the Service Terms, each Participant acknowledges and agrees that, if such Participant is selected as the Recipient, (1) such Participant’s name, biographical information, image, likeness, the name of such Participant’s institution or company and any information or data contained in Participant’s Program application or any Publication (as defined below) may, without further compensation, be published on one or more Sponsor website(s) or in other Sponsor marketing or informational materials, including through social media, in each case, in the sole discretion of Sponsor, (2) such Participant hereby grants to the Sponsor, on behalf of such Participant and such Participant’s institution or company, the right, at any time and from time to time, to print, publish, broadcast and use, worldwide and in any media now known or hereafter developed, any of the foregoing information, data or materials for any of the foregoing purposes, and (3) if requested by Sponsor, such Participant will provide Sponsor with one or more appropriate images of such Participant for use by Sponsor for such purposes.
Publications And Presentations
Each Participant acknowledges and agrees that it is the objective of both Sponsor and Participant that the Recipient will present results from the proposed study in one or more publications or presentations. Each Participant agrees that, if such Participant is selected as the Recipient, such Participant will use their best efforts to publish or publicly present the results, including data generated pursuant to the Grant, in collaboration with Sponsor (“Publication”). For clarity, Sponsor shall have the right to use any information or data in any such Publication as provided in the preceding paragraph.
Indemnity, Disclaimer And Limitation Of Liability
By participating in the Program, each Participant agrees on behalf of such Participant and such Participant’s institution or company to release, discharge, indemnify and hold harmless Sponsor, its affiliates and subsidiaries, and its and their officers, directors, employees, agents and representatives from all liability for any injury, loss or damage, including death or property damage, due in whole or part, directly or indirectly, to the participation in the Program or the receipt, use or misuse of the Grant. Sponsor makes no, and hereby disclaims all, warranties, representations, or guarantees, express or implied, in fact or in law, with respect to the Grant, including, without limitation, to the Grant’s quality or fitness for a particular purpose. THE SPONSOR IS NOT RESPONSIBLE FOR LOST, LATE, STOLEN, INCOMPLETE, ILLEGIBLE, INACCURATE, UNDELIVERED, DELAYED OR MISDIRECTED APPLICATIONS, OR FOR ANY COMPUTER, INTERNET, EMAIL, TELEPHONE OR TECHNICAL MALFUNCTIONS OR DELAYS, OR FOR ANY HUMAN ERRORS THAT OCCUR IN THE PROCESSING, TRANSMISSION OR RECEIPT OF APPLICATIONS, OR FOR INACCURATE TRANSCRIPTION OF APPLICATION INFORMATION, OR IF THE PROGRAM IS NOT CAPABLE OF BEING CONDUCTED AS PLANNED, INCLUDING BUT NOT LIMITED TO INFECTION BY COMPUTER VIRUSES, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR OTHER CAUSES BEYOND THE CONTROL OF THE SPONSOR. IN NO EVENT SHALL SPONSOR, ITS AFFILIATES OR SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOST REVENUES, LOST PROFITS OR DAMAGES FOR HARM TO BUSINESS OR LOSS OF DATA, IN EACH CASE, WHATSOEVER ARISING OUT OF OR IN CONJUNCTION WITH THE PROGRAM OR THE RECEIPT, USE OR MISUSE OF THE GRANT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF THEM ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, SPONSOR’S TOTAL AND CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM SHALL IN NO EVENT EXCEED THE TOTAL VALUE OF THE GRANT.
Privacy
Sponsor may collect and use personal information that Participant provides to Sponsor in connection with the Program to conduct the Program and as otherwise provided by these terms and conditions. Personal information includes any information that can be reasonably linked to a specific individual, including name, postal address, telephone number, or email address. By participating in the Program, each Participant, on behalf of itself and its institution or company, hereby acknowledges and agrees that any personal information provided by or on behalf of Participant to Sponsor in connection with the Program will be subject to Sponsor’s Privacy Policy, as supplemented by these terms and conditions.
Miscellaneous
Sponsor reserves the right to suspend, modify, cancel or terminate the Program at any time, with or without advance notice (whether before or after selecting a Recipient), including, without limitation, in the event of any act, occurrence or reason that it believes would compromise the legality, integrity, administration or fairness of the Program. If one or more provisions of these terms and conditions are held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall be valid and enforceable. These terms and conditions are governed by and shall be construed by the laws of the State of California, USA, without application of its choice of law principles. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. The failure of Sponsor to comply with any provision of these terms and conditions due to civil unrest, threat of or actual acts of terrorism or war, embargoes, governmental actions, acts of God, earthquakes, floods, storms, fires, supplier delay, accidents, explosions, epidemics, quarantine restrictions, or other such contingencies beyond the control of the Sponsor, shall not be considered a breach of these terms and conditions.
Sponsor
The Sponsor of the Program is Akoya Biosciences, Inc., located at 100 Campus Drive, 6th Floor, Marlborough, MA 01752, USA. Sponsor will conduct the Program substantially as described in these terms and conditions.
