This Public Offer related to the competition for the development of state mobile applications “mGovAward” (hereinafter referred to as the Agreement) defines the conditions and procedure of arranging and conducting “mGovAward” contest to develop e-government mobile applications (hereinafter referred to as the Competition) organized and conducted by the Ministry on development of Information Technologies and Communications of the Republic of Uzbekistan, “Technological Park Directorate of Software Products and Information Technologies” LLC, hereinafter referred to as the “Facilitator”, under the sponsorship of the United Arab Emirates government, in accordance with Article 369, Civil Code of the Republic of Uzbekistan, is the Public Offer of the Ministry for the Development of Information Technologies and Communications of the Republic of Uzbekistan and the Organiser. It is addressed to a group of individuals to provide the opportunity to participate in the Competition on the terms of this Agreement in the event acceptance (acceptance) of the Public offer by a group of individuals.
1. BASIC TERMS AND DEFINITIONS
1.1. The following terms and definitions are used to accomplish purposes of this document:
Application – information / materials provided by the team member when filling out and sending the electronic registration form on the official Website.
Initiator – the Ministry for the Development of Information Technologies and Communications of the Republic of Uzbekistan is the initiator of the Competition.
Website – оthe official website of the Competition – www.mgovaward.uz.
Participant – a student studying at a higher educational institution located in he territory of the Republic of Uzbekistan, being a member of the Team, not in labor or other contractual relations with the Initiator and the Organizer of the Competition, and also complying with the requirements of this Agreement.
Responsible Representative – a Team Member submitting an Application to participate on behalf of the Team.
Team – a group of Members registered on the Website according to this Agreement.
Organizer – “Directorate of the Technological Park of Software Products and Information Technologies” LLC, the organiser of the Competition.
Intellectual property rights – all rights upon the results of intellectual activity (intellectual and industrial property), including rights to (i) inventions (patents for inventions, rights to obtain patents for inventions, including filed applications for granting patents, reissued patents, repeated applications or applications in continuation and partial continuation), utility models; (ii) copyrights; (iii) designs and industrial designs; (iv) trademarks, service marks, clearance of goods and rights to similar objects; (v) production secrets, other information constituting trade secrets and confidential information; (vi) rights to topographies of integrated circuits and rights to templates (masks); (vii) other intellectual property rights.
Finalist – Teams that have passed III stage and recommended by the Expert Jury for a public voting.
Winner – 3 Teams, whose results will be recognized as the best according to the results of public voting.
Program – a mobile application developed by the Team and submitted for participation in the Competition within the period established by this Agreement.
Agreement – a written agreement filed between the Organizer and the Winner, determining the rights, duties and responsibilities of the parties, as well as other conditions for funds transferring.
Copyright order agreement – a written agreement filed between the Organizer and the Winner for the transfer of property rights to the intellectual property of the Winner in the form of a developed Program.
Sponsor – the Government of the United Arab Emirates, the sponsor of the Competition.
Demo day – Programs presentation days for Teams in front of Expert Jury.
Expert jury – a competent Competition body, which includes representatives of the Organizer, Initiator, Sponsor, relating ministries and independent experts. Expert Jury members are approved by the Initiator of the Competition.
Partner – a legal entity that provides financial, technical, organizational assistance to arrange the Competition.
2. SUBJECT OF AGREEMENT
2.1. For winner determination within the Competition, iaccording to the terms of this Agreement, the Initiator and the Organizer jointly arrange and conduct the Competition among students studying in higher education institutions in the Republic of Uzbekistan who have accepted all the terms of this Agreement.
2.2. Based on the Competition results, the Team recognized as the Winner is paid remuneration in cash equivalent in accordance with the occupied prizes in the amount, according to the terms of section 10 of this Agreement.
2.3. The Agreement and any annexes to it are an official document and are published on the Website.
3. OFFER ACCEPTANCE
3.1. A Team having a desire to participate in the Competition, in the person of its Responsible Representative, registers the Team on the Website by:
3.1.1. filling out the registration form – Applications to participate in the Competition;
3.1.2. marking the Public Offer acceptance, which is a confirmation of the full and unconditional acceptance of the terms of this Agreement by all of its Team Members;
3.1.3. instructions of the full name, higher education institutions, faculties of all Team Members, in an amount of at least 3 Members;
3.1.4. Programs application and official letters confirming the study of Participants in higher educational institutions.
3.2. To register a Team to participate in the Competition, it is necessary to put a mark on the acceptance of the Agreement on behalf of all Team Members. Filling out and sending the Application in electronic form on the Site means the consent of all Team Members to the processing of their personal data by the Initiator or the Organizer.
3.3. Acceptance of the terms stated in the Agreement means the full and unconditional receivement by the Team Members without any exceptions and / or restrictions and is equivalent to the conclusion of a written agreement related to the Competition.
4. AIM OF COMPETITION
4.1. The aim of the competition is to develop and strengthen the potential of talented students studying in higher education institutions on the territory of the Republic of Uzbekistan for IT development and support young people initiatives in the field of information and communication technologies.
4.2. The main condition of the competition is the creation of a mobile application for government agencies in the areas of health, education, tourism, entrepreneurship, transport and logistics.
4.3. Competition objectibes are:
4.3.1. providing Teams with the opportunity to realize their ideas in the form of Programs in order to determine their relevance, as well as developing the skills of Participants in the development of software for mobile devices as part of the Team;
4.3.2. the development of interaction between students and government agencies in the analysis of open data in the development of mobile applications for government agencies;
4.3.3. analysis of the received Applications and Programs, and identification of relevant directions for the development of mobile development;
4.3.4. determination of the best Programs within the framework of the directions corresponding to the requirements of this Agreement, and their use as proposals for implementation in future activities of state bodies.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. Team member has a right:
5.1.1. submit an application for participation in the Competition on the Website and familiarize themselves with this Agreement in detail;
5.1.2. revoke consent to the processing of personal data (personal data of each Team Member) at any time by sending an application to withdraw consent to processing in the manner prescribed by law.
In this case, the withdrawal of personal data processing entails the automatic exclusion of the Participant from participation in the Competition;
5.1.3. receive information on the results of the Competition or other information on the procedure for the Competition on the Website.
5.2. Team member undertakes:
5.2.1. become familiar with the Agreement terms;
5.2.2. while accepting the conditions (acceptance) of this Agreement, check all its conditions;
5.2.3. when submitting an Application on behalf of the Team for participation in the Competition, the Team’s Responsible Representative undertakes to ensure that the correct personal data of all Team Members is presented and to receive their consent to provide their personal data and acceptance of this Agreement;
5.2.4. to keep ready the initial data used by the Team in the process of developing the Programs for copying by the Organizer;
5.2.5. upon awarding the Team one of the prize places in accordance with this Agreement, transfer the source codes to the Program and conclude the Copyright Order Agreement with the Organizer;
5.2.6. not to transfer his right to conclude the Copyright Order Agreement to third parties, except for the Organizer;
5.2.7. Before starting the Demo days, make sure that the Programs are fully tested and in operating condition;
5.2.8. make sure that the presented Programs are related to one of the relevant areas and state services provided to the population and business entities in the areas of health, education, tourism, entrepreneurship, transport and logistics;
5.2.9. make sure that the copyright to the materials and developments presented belongs to the Team, in particular, their use and distribution does not violate the legislation of the Republic of Uzbekistan on copyright and related rights;
5.2.10. develop the Program as part of the Team itself;
5.2.11. not to use software that violates the operation of the Site, creating the ability to change the results of the Competition.
If the Organizer detects attempts to disable the Site, the Team whose Participant has made such attempts is deprived of the right to participate in the Competition and receive remuneration;
5.2.12. do not use for personal or commercial purposes, do not publish outside the framework of the Competition, do not transfer to third parties data and information received from the Initiator, the Organizer and / or government bodies;
5.2.13. in case of victory in the Competition, provide, upon the request of the Organizer, all the information necessary for receiving a reward at the email address firstname.lastname@example.org or email@example.com.
5.3. Initiator has a right:
5.3.1. to require Team Members to comply with all conditions stated in the Agreement;
5.3.2. As to Article 977, the Civil Code of the Republic of Uzbekistan, amend the conditions or cancel the Competition before the III stage of the Competition;
5.3.3. if copyright ingringement is identified on the proposal of the Organizer, consider disqualification of the Team.
5.4. Organiser has a right:
5.4.1. to request the source data used by the Team in the process of developing the Programs;
5.4.2. to check the personal data of the Team Members after accepting the terms of the Public Offer by the Team’s Responsible Representative in accordance with Section 3 of this Agreement;
5.4.3. to enter into an Authorship Order Agreement with the Team Members who received one of the prizes in accordance with this Agreement;
5.4.4. to process any information related to the personal data of the Team Member.
5.5. Organiser undertakes:
5.5.1. to organize the Competition in accordance with this Agreement;
5.5.2. within the prescribed time period in accordance with this Agreement and the Agreement, pay a monetary reward to the three Winners as a reward in the framework of the Competition;
5.5.3. to organize the reception of Applications from potential Teams;
5.5.4. to form the Expert Jury for Competition and submit it to the Initiator for approval no later than 01.01.2020;
5.5.5. to process the personal data of Team Members as a personal data operator in accordance with the legislation of the Republic of Uzbekistan;
5.5.6. to organize Demo days for the Team
6. COMPETITION STAGES
6.1. The competition is held during 2019-2020 in several stages, with positive results and the effectiveness of the results, a decision is made on the need for a similar competition in subsequent years.
6.2. Competition Stages:
6.2.1. Stage I from September 26, 2019 to January 15, 2020 – launch of the Competition Site, accepting Applications and materials, Programs from Teams through the Site;
6.2.2. Stage II from January 16 to February 29, 2020 – consideration and evaluation of the submitted Applications for compliance with the terms of the Competition, with the subsequent selection of Teams for participation in Demo Days;
6.2.3. Stage III from March 12 to March 14, 2020 – Demo days for Teams before the Expert Jury to determine the Finalists;
6.2.4. Stage IV from March 16 to March 22, 2020 – holding a popular vote of the Competition Finalists;
6.2.5. Stage V March 24, 2020 – organization of the awarding ceremony for the Winners and Prizewinners, summing up the results of the Competition.
7. APPLICATION FILING PROCEDURE FOR PARTICIPATION
7.1. To participate in the Competition, the Responsible Representative must register the Team by submitting an Application on behalf of the Team, with the consent to the processing of personal data from each Team Member. If such consent is not obtained, the responsibility for all possible claims regarding the processing of personal data of the Participants or third parties (including government bodies) is borne by the Team’s Responsible Representative, who has submitted the Application, whose full last name, first name and patronymic, as well as contact details will be separately indicated in as the responsible representative of the team when sending the application.
7.2. Application must include:
7.2.1. filling in the required fields;
7.2.2. attaching a video about the Program explaining the idea with the main functions and its advantages;
7.2.3. prototype or finished Program, or download link;
7.2.4. a letter of confirmation of training from higher education institutions (an official letter on the letterhead containing all the necessary information about the Team Members, signed by the administration and certified by the seal of the higher education institution).
7.3. Applications for participation in the Competition are collected on the Site (Applications are accepted in Uzbek, Russian or English).
7.4. Requirements for persons wishing to participate in the Competition are presented on the official Website and this Agreement.
7.5. Failure to comply with the requirements listed in this section of the Agreement is the basis for refusing to register the Application for technical reasons and not providing the status of the Team to the persons who submitted the Application.
Confirmation of registration (denial of registration) of the Application is sent to the User at the email address specified in the Application.
8. COMPETITION REQUIREMENTS
8.1. Participants can join the Competition only as part of the Team, consisting of students studying in public and private (accredited) higher education institutions in the Republic of Uzbekistan. Students cannot participate individually.
8.2. All Team Members must be part of only one Team and may be from different higher educational institutions and faculties.
8.3. All participants can only take part in the Team.
8.4. A team must consist of at least three Participants.
At the same time, it is recommended to include a female representative in the Team.
8.5. Teams can submit applications for different areas of the Competition within one Team.
8.6. Teachers and other representatives of higher education institutions can participate as mentors of Teams.
9. FINALISTS AND WINNERS DETERMINING ORDER AND CRITERIA
9.1. Assessment will go in three stages,
9.1.2 Stage I: A technical assessment carried out by a technical group from the organizing committee to:
- compliance by Applicants with the rules and requirements for participation in the Competition;
- the presence of a functioning mobile application (not just an idea or presentation).
9.1.3. Stage II: Evaluation of Applications by the Panel of the Expert Jury:
а. Applications will be distributed among appraisers by topic, and each application will be evaluated by more than one appraiser. The shortlisted ones will move on to the next round;
- Applications included in the short list will be evaluated by all evaluators, and the top 5 from each category will go to the 3rd and final stage (Stage III);
9.1.4. Stage III: Online voting (public voting online).
9.2. Application selection criteria are:
9.2.1. Imfluence – the ability to solve problems associated with public service, with a high level of impact on society;
9.2.2. Innovation – Wow! factor is an innovative use of technologies or outstanding approaches for creatively and jointly combining ideas and developing a unique, original and new solution focused on services for organizing life events that affect the overall quality of customer service;
9.2.3. Efficiency – how well services are provided from the point of view of the user. Its functionality, easy navigation, nice design, availability of notifications, several languages, security of transaction completion, use of open data, user support and complaints;
9.3. The Finalists selection by the Expert Jury at the II stage of the Competition is carried out on a 100-point scale by a combination of the following criteria:
9.3.1. innovativeness (20 points):
- uniqueness of the idea 10 points;
- social significance and relevance of the idea – 10 points.
9.3.2. effectiveness (40 points):
- speed and time saving when using public services – 10 points;
- focus on the provision of electronic public services to the population and business entities – 10 points;
- focus on the provision of electronic public services to the population and business entities – 10 points;
- language variability and the possibility of feedback – 10 points;
- compliance with information security requirements – 10 points.
9.3.3. user friendliness (30 points):
- navigation ability – 10 points
- graphical user interface – 10 points
- integration with other applications – 10 points
9.4. The expert jury evaluates the Programs according to the set of criteria listed in clause 9.3 of this Agreement.
9.5. Team members are not entitled to question the decision of the Expert Jury. Besides, neither the Initiator nor the Organizer shall reimburse the Team Members for losses (if any were to be) associated with the non-recognition of individual Teams as Winners, including and due to non-compliance of the Programs with the established criteria.
9.6. The selection of the Competition Winners is determined at the III stage of the Competition by popular vote: by online voting on the Organizer’s website and SMS voting.
9.7. The results of the Competition are summarized by the Initiator on the basis of the final results of the III stage of the Competition and are announced by posting a text ad on the official Website of the Competition, in social networks, as well as by personal notification via e-mail and / or phone numbers indicated when submitting the Application.
9.8. Cash prizes and valuable gifts to the Winners and other Teams of the Competition are transferred by representatives of the Initiator, Organizer, Sponsor and Partners within 30 days.
10. COPYRIGHT ORDER AGREEMENT AND REWARD PAYMENT TO THE COMPETITION WINNER
10.1. The fund for the payment of the Competition fee is formed at the expense of the Contest Sponsor in cash equivalent of US $ 100,000 (one hundred thousand
10.2. Winning teams determined on the basis of public voting will receive:
10.2.1. for 1 place – 50,000 (fifty thousand) US dollars;
10.2.2. for 2nd place – 30,000 (thirty thousand) US dollars;
10.2.3. for 3rd place – 20,000 (twenty thousand) US dollars.
10.3. The Agreement and the Copyright Order Agreement between the Organizer and each Winner is concluded within 5 (five) business days after the announcement of the Winners.
10.4. Remuneration specified in clause 10.2. paid to the Winning Teams, in 100% amount, within 30 (thirty) calendar days after the conclusion of the Copyright Order Agreement.
10.5. Team members must have bank cards opened with national banks of the Republic of Uzbekistan.
10.6. By concluding an author’s contract, each Participant of the Winner Team transfers exclusive property copyrights to the developed Program to the Organizer, as well as the source codes of the Programs, and, if necessary, at the request of the Organizer, agrees to modify the proposed Program at the Competition taking into account the requirements of the Program on the part of the Organizer.
10.7. The fact of transfer of property rights to the intellectual property of the Winner in the form of a developed Program is the conclusion of the Copyright Order Agreement.
10.8. The refusal of the Team Members (if at least one Team Member refuses) to conclude the Copyright Order Agreement with the Organizer entails the disqualification of the Team and failure to pay the fee specified in clause 10.2. actual agreement.
10.9. The Initiator and the Organizer have the right to refuse to award the Contest Winner in case the Winner fails to comply with the terms of this Agreement and the conclusion of the Copyright Order Agreement.
10.10. Replacing one reward with another is not permitted.
10.11. While paying remuneration in accordance with Article 190 of the Tax Code of the Republic of Uzbekistan, responsibility for paying taxes lies with the Team Members.
10.12. To receive remuneration, the Team Responsible representative must provide the Organizer with the following documents
10.12.1. Original copies belonging to all Team Members;
10.12.2. TIN of all Team Members;
10.12.3. receipt of remuneration, an application for non-withholding of personal income tax (PIT) and self-payment of PIT;
10.12.4. agreement with the bank, bank account number and bank details for transferring fees to the plastic card of the Team Member;
10.12.5. The Copyright Order Agreement and the Act of Acceptance and Transfer of Exclusive Property Rights to the Program signed by the Team Member and the Organizer.
11. FORCE MAJEURE
11.1. The Initiator, Sponsor, Organizer and Team Members are exempted from liability for partial or full failure to fulfill obligations under this Agreement if they were the result of force majeure circumstances: flood, fire, storm, or other natural disasters, as well as as a result of hostilities caused by decisions of state bodies and the opposite side was notified in writing within 10 banking days from the date of their occurrence.
12. EFFECTIVE TERM OF PUBLIC OFFER, ORDER OF CONCLUSION, AMENDMENT AND TERMINATION.
12.1. This Agreement shall enter into force upon marking the acceptance of the conditions of the Public Offer when submitting an application for participation in the Competition, which means acceptance of all its conditions on the Site.
12.2. The Agreement is made for an indefinite time.
12.3. The Initiator together with the Organizer at any time have the right to make changes and / or additions unilaterally to the Agreement. Such changes and additions are effective from the moment the changes and additions are published on the Site.
12.4. Team members have the right to refuse to accept the terms of the Agreement in case of disagreement with the amendments and additions by sending a written statement to the email address firstname.lastname@example.org email@example.com within 5 (five) calendar days from the date of publication of the amendments and additions to the Agreement. Team Members have the right to refuse to accept the conditions. The disagreement of the Team Members, in this case, entails disqualification and non-admission to the subsequent stages of the Competition from the moment of sending an application to refuse to accept the terms of the Agreement.
12.5. The Agreement may be terminated at the initiative of the Team’s Responsible Representative unilaterally on the basis of a written application from the Team Members submitted to the email address firstname.lastname@example.org or to email@example.com.
12.6. When sending an application for termination of the Agreement unilaterally at the initiative of the Team’s Responsible Representative, the application must be submitted from the email address provided when submitting the Application for participation in the Competition. For disqualification of the Team from the Competition as a result of receiving an application for termination of the Agreement from the email address specified when applying for participation in the Competition, despite the fact that the application was sent by a third party, the Organizer is not responsible.
12.7. The Agreement may be terminated by the parties in accordance with the legislation of the Republic of Uzbekistan or by a court decision.
13. RESPONSIBILITY OF THE PARTIES. FINAL PROVISIONS
13.1. For failure to fulfill or improper performance of their obligations under the Agreement, the Parties are liable in accordance with the current legislation of the Republic of Uzbekistan.
13.2. For violation of the requirements and conditions of this Agreement, the Team by decision of the Organizer is not allowed before the Competition.
13.3. After determining the winners of the Competition, team participants are not entitled to make any claims to the Initiator, Organizer or Sponsor regarding the conduct of the Competition and the determination of Winners.
13.4. Any disputes arising from this Agreement shall be resolved through negotiations, and if agreement is not reached through negotiations, such disputes may be referred to any of the Parties for consideration by a court of relevant jurisdiction in accordance with the legislation of the Republic of Uzbekistan.
13.5. In all that is not provided for by this Agreement, the parties are guided by the current legislation of the Republic of Uzbekistan.