TERMS AND CONDITIONS OF COMPETITION PARTICIPATION
Organiser of the IoT / M2M Innovation World Cup
The IoT / M2M Innovation World Cup competition (the “Competition” or the “IoT / M2M Innovation World Cup”) is initiated by the Navispace AG with its principal place of business in Herrsching, Keramikstr. 4, 82211 Herrsching, Germany (“Navispace” or “Organizer”).
Sponsors of the IoT / M2M Innovation World Cup
The IoT / M2M Innovation World Cup may be sponsored by various sponsors on various levels. Sponsors shall be fully integrated into the Competition.
Purpose of the IoT / M2M Innovation World Cup
The purpose of the IoT / M2M Innovation World Cup is to promote the development IoT / M2M applications and solutions, primarily in the markets of Smart Manifacturing, Mobility, Smart City, Security, Healthcare and Connected Home. The Competition seeks innovative IoT / M2M technologies that will be utilized and commercialized in the market. All submitted solutions (“Submissions”) will be valuated, with the best Submissions receiving official Competition awards.
Right to Participate
Navispace employees, their direct family members and everybody living in the households of said employees are not eligible to participate.
Deadline for Participation
Solutions must be submitted electronically by 15 November 2015, 23:59 PST (please refer to the procedure below).
Submissions in the IoT / M2M Innovation World Cup must be entered in English via the IoT / M2M Innovation World Cup secure Internet database at www.innovationworldcup.com. When registering, a user name and password must be chosen. After entering and registering for the Competition, the database can be accessed with the login data as often as necessary until 15 November 2015, starting 28 April 2015. Changes in the description of any Submissions can be saved and worked on until 15 November 2015. Upon registration, each participant must supply specific personal data that will be electronically saved, used and processed by Navispace in order to carry out the IoT / M2M Innovation World Cup and award prizes. This data is mandatory. All mandatory data must be completed by 15 November 2015, 23:59 PST. All solutions with completed mandatory fields by 15 November 2015, 23:59 PST will automatically be entered into the competition. Additional Submissions are not necessary. Submitted products and prototypes will then be shown to the IoT / M2M Innovation World Cup team of judges.
Navispace intends to maintain the Competition database and make it accessible during the course of the Competition. Navispace does not guarantee that the Competition database will be accessible at all times. Internet traffic conditions, availability or server capacity may limit or cause the accessibility to deteriorate to differing degrees.
Upon entry into the Competition, all Participants must ensure that they have unrestricted rights necessary to submit their applications, and that by doing so they do not violate any rights of publicity or privacy, or otherwise infringe upon any person’s or entity’s intellectual property rights.
All Participants agree that all Competition sponsors can view the submitted solutions anonymously. In case one or more sponsors are interested in one or more of the submitted solutions (for cooperation, acquisition or the like) the Organizer will contact the respective Participant and ask for permission to forward the respective solution to the respective sponsor.
Awarding of Prizes
The judges of the IoT / M2M Innovation World Cup will select finalists per category and one winner per category for final evaluation at their sole discretion. The category winners will receive marketing support by partner companies and the organizer. The IoT / M2M Innovation World Cup Winner presentation will take place in March 2016. Navispace does not guarantee date and place of the presentation.
The Submissions and the saved treatment statuses will be protected against any access by unauthorized third parties. The personnel and experts charged with the performance of the Competition are committed to treat all matters confidentially pursuant to a signed NDA. The IoT / M2M Innovation World Cup Winner, the runner-ups and their respective Submissions will be identified and made public during the winner presentation. Once the Solution has been publicly awarded, the Organizer takes no further responsibility regarding further cooperation between Participants and sponsors or experts.
Title and Intellectual Property
Intellectual Property Rights (“IPR”) means all intellectual property rights related to each solution or Submission including, without limitation, patents (including utility models), pending patent applications, copyrights (including copyrights covering software or firmware), mask works on integrated circuit mask sets, design patents, and designs (whether or not capable of registration), chip topography rights and other like protection, trademarks and any other form of statutory protection of any kind and applications for any of the foregoing as well as any trade secrets or other intellectual property rights, whether in existence now or created, invented or developed in the future.
Participation in this Competition shall not modify, transfer or otherwise affect the title, right or ownership of any copyrights, patents, trademarks, trade names, logos or any other IPR existing in any submitted Solution. Any and all such rights shall remain the exclusive property of the respective party and/or Participant owning such rights. However, Navispace reserves the right to use the winning product and the finalist Submissions in any publicity or promotion relating to the Competition after the winner is announced. Further, each Participant agrees that Navispace may use a winning Participant’s name and photograph in any publicity or promotion relating to the Competition and that Navispace has the right to publicize the winning prototype / product and the names of all the finalists and/or award winners, all without royalty or consideration.
Navispace is not granting any IPR protection in connection with the Competition and makes no warranties of any kind related thereto. Participants are solely responsible for protecting any and all IPR in any Submissions and should do so before entering the Competition.
Prior to participation in the IoT / M2M Innovation World Cup, all Participants must make an independent determination that they are authorized to submit a product or prototype in the Competition by notifying, if applicable, their employer, or if a student, their College and/or University, whichever is applicable, of the respective product or prototype to be submitted and the Participant’s intent to submit this product or prototype in the Competition. The notification hereto is required by each Participant so that each Participant can determine if their employer or former employer and/or their College and/or University, whichever is applicable, holds IPR in the solution being submitted because, among other reasons, the product or prototype was developed in connection with the Participant’s employment, or if a student, developed by the Participant in the course of his or her study or research at the College or University.
Each Participant must disclose all IPR held by, and/or all IPR applications made by, the Participant or any other parties, in connection with any submitted products or prototypes, or parts thereof in the database (mandatory field).
Each Participant understands and acknowledges that any IPR protection in any submitted solution may be lost, waived or become common property as a result of participation in the IoT / M2M Innovation World Cup and/or through publication of the solution during the IoT / M2M Innovation World Cup Winner presentation, unless the solution is properly protected prior to Submission. Navispace strongly recommends all products and prototypes be properly protected under applicable law before Submission.
Despite all efforts taken by Navispace to keep the submitted solutions confidential prior to the publication of the product or prototype, each Participant understands and agrees that Navispace does not assume any liability for any damage resulting from the submitted product or prototype becoming public.
State, Federal and International Regulations
This Competition is subject to the provisions of all applicable International, State and local laws and regulations. This offer is void where prohibited.
By participating in the Competition, the Participant agrees to and shall comply with these Terms and Conditions. Navispace reserves the right in its sole discretion to disqualify, at any point in time, any Submission that does not comply with the requirements set forth in these Terms and Conditions without notification. Any direct or indirect form of gaming, collusion, misrepresentations or otherwise deceptive or abusive behavior shall be deemed a violation of these Competition Terms and Conditions. Navispace reserves the right, at its sole discretion, to disqualify and cancel any entry from any Participant it finds to be tampering with the operation of the
Competition, acting in violation of these Terms and Conditions or acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other Participants.
CAUTION: ANY ATTEMPT BY AN ENTITY OR INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINING THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, NAVISPACE RESERVES THE RIGHT TO SEEK COMPENSATORY, PUNITIVE AND OTHER DAMAGES FROM ANY SUCH ENTITY OR INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
If an entry is cancelled by Navispace, the relevant participation in the Competition shall be terminated, and all associated rights shall lapse.
Navispace shall be responsible for overseeing the Competition, including but not limited to overseeing all aspects of determining eligible Submissions. By participating in the Competition, Participants acknowledge that all decisions of Navispace and the judges are final and binding in all respects.
Navispace may issue interpretive guidelines regarding the provisions of these Terms and Conditions.
Navispace may modify these Terms and Conditions from time to time, modifications will take effect at the time they are announced.
If any part of these Terms and Conditions is declared invalid or unenforceable for any reason, the remainder will be valid and enforceable as if the invalid or unenforceable part were not included herein. There shall be substituted for any invalid or unenforceable provision a suitable provision that, as far as is legally possible, comes nearest to the sense and purpose of these Terms and Conditions, taking into account all other applicable rules and policies.
If for any reason the Competition is not capable of running as originally planned due to any reason, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures which in Navispace’ sole discretion corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, Navispace reserves the right, at its sole discretion, to terminate, modify or suspend the Competition. In the event the Competition is so terminated, then these Terms and Conditions will be considered null and void and of no further force or effect (except those Sections herein regarding liability and/or damages, which shall survive indefinitely), and Navispace will have no obligations or liability of any kind to any Participant. In the event the Competition is so suspended or modified, then Navispace may determine, at its sole discretion, when and/or with what modification(s) the Competition will resume, and any subsequent winner(s) will be determined in a manner which Navispace determines, in its sole discretion, is fair, appropriate and consistent with these Terms and Conditions.
Navispace and its respective agencies are not responsible for any incorrect, inaccurate or incomplete information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Competition, and Navispace and its respective agencies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to the Competition website, regardless of the cause or reason therefore.
Navispace and its respective agencies are not responsible for injury or damage to Participants or to any other person’s computer related to or resulting from participating in this Competition, from uploading or downloading materials to or from any website, or from use of any website.
IN NO EVENT WILL NAVISPACE AND ITS RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, AND OTHERWISE RELATED COMPANIES, THEIR RESPECTIVE ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, ATTORNEYS, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF, RESULTING FROM, ARISING IN CONNECTION WITH OR PARTICIPATION IN, THE COMPETITION, INCLUDING THE NEGLIGENCE OF OTHER PARTIES OR THEIR AFFILIATES, REPRESENTATIVES, EMPLOYEES AND AGENTS, OR THE NEGLIGENCE OF ANY OTHER PARTICIPANT IN THE COMPETITION, OR ANY OTHER CAUSE. IN NO EVENT SHALL NAVISPACE AND ITS RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR RESPECTIVE ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, ATTORNEYS, REPRESENTATIVES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS.
NAVISPACE AND ITS RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR RESPECTIVE ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, ATTORNEYS, REPRESENTATIVES AND AGENTS MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR USE OR NON-INFRINGEMENT WITH RESPECT TO THE COMPETITION OR ANY WEBSITE UTILIZED TO ENTER THIS COMPETITION. FOR THE AVOIDANCE OF DOUBT, NO PROVISION IN THESE TERMS AND CONDITIONS SHALL BE CONSTRUED AS LIMITING THE LIABILITY OF ANY PARTY WHICH CANNOT BE EXCLUDED UNDER GENERALLY APPLICABLE LAW.
By participating in this Competition, each Participant, releases, indemnifies and holds harmless Navispace and its respective parents, affiliates, subsidiaries, successors, assigns and licensees, the service agencies and independent contractors of any of the above organizations and their respective directors, officers, employees, members, shareholders, attorneys, representatives and agents, including advertising and promotion agencies, from and against any and all liability, judgments, claims, losses, damages, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) with respect to or in any way arising from participation in the Competition or the awarding, acceptance, possession or use (or misuse) of the Competition award, including, but not limited to, liability for personal injury.
These Terms and Conditions, and the relationship between the Participant and Navispace are governed by and interpreted in accordance with the laws of Germany as applied to agreements entered into and fully performed therein by residents thereof. All Participants consent to the jurisdiction of and venue in the state and federal courts sitting in Munich, Germany, shall have exclusive jurisdiction to determine any disputes which may arise out of, under, or in connection with these Terms and Conditions. In the event of litigation hereunder, the prevailing party shall be entitled to recover reasonable costs and expenses including reasonable attorneys’ fees.
This Competition has not been approved or endorsed by any government agency. By participating in this Competition or accepting any prize that they may win, all Participants agree to release Navispace, their parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Competition and/or acceptance or use of the prize.
For more information about the competition refer to the Internet address: www.innovationworldcup.com.
For further questions please contact us at firstname.lastname@example.org