Terms and Conditions - Porsche Engineering Student Contest
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Terms and Conditions

Porsche Engineering Romania Student Contest 2019

 

 

Terms and conditions for participation

 

 

1.Porsche Engineering Romania Student Contest

 

    1. The Porsche Engineering Romania Student Contest (the “Competition”) is a developer contest focused on IT innovations in the mobility and automotive field. The Competition is organized by Porsche Engineering Romania S.R.L. (the “Organizer”) and is initiated by Porsche Engineering Romania S.R.L. (the “Initiator” or “Porsche”).
    2. The Competition is aimed at students or teams of students who are asked to participate in the Competition by registering and submitting their ideas and products to the Competition in accordance with these Terms and Conditions for Participation (the “Terms”). Participation in the Competition constitutes acceptance of the Terms.

 

2.Participation

 

    1. The Competition is open for teams up to 3 members. Eligible for participation are all students from any recognized university in Cluj-Napoca, bachelor or master except for:
      1. current employees of Porsche Engineering or any direct or indirect wholly or majority owned subsidiaries of Porsche during their working time;
      2. current or former employees as well as parents, children, siblings, spouses or household members of such current or former employees of Porsche Engineering Romania S.R.L. and
      3. personnel directly involved in the organization and execution of the Competition.
    2. Participation requires a valid e-mail address and completion of the registration process on the Competition registered individuals meeting the eligibility criteria set out above are considered participants of the Competition (the “Participants”). Registration is done per team, not per individual.
    3. There is no admission fee to be paid or product to be purchased by a Participant in order to participate in the Competition.
    4. If the Participant is an employee of a corporation, government agency, or an academic institution, the Participant ensures that its partaking in the Competition complies with any policies the corporation, agency, or institution. If the Organizer or Initiator has reason to believe/suspects that any of those policies are violated by a Participant participating in the Competition, the Organizer or Initiator reserves the right to exclude the Participant from the Competition or demand/cancel retroactively the right to receive a prize at any time. The Organizer or Initiator does not assume any responsibility for any disputes arising out of or in connection with the Participant’s partaking in the Competition that may arise between the Participant and its employer.
    5. The Participants have to apply online via the website registration form up to 22.03.2019.
    6. Review and selection of all validly registered teams will be carried out by a jury who is selected at the Organizer’s and Initiator´s sole discretion (the “Jury”).
    7. All validly registered teams will be objectively reviewed and evaluated by the Jury out of which 10 teams will we selected to participate in the Competition.
    8. The Jury’s decision shall be based at the Jury’s sole discretion. The decision shall be final and binding.

 

3.Submission of contribution

 

    1. The Participants shall develop a prototype of their product (new developments or already existing developments, e.g. apps, products, services) (the “Product”) using any kind of tools from publicly available sources (together the “Tools”), provided the Participant has the authorization to use them as stipulated in these Terms.
    2. A Participant’s contribution to the Competition (the “Contribution”) shall comprise
      1. the Product or a link to the Product;
      2. a video presentation of the Product (max. 60 seconds), explaining and demonstrating the functionality of the Product, its technical architecture, the way the Tools are used, and why the Product should win the Competition; and
      3. (optional) a written summary (in English, max. 1,000 words), images, technical details, URL to source code, presentation slides, or other material supporting the Contribution.
    3. Contributions must be submitted in English language and comply with the requirements set out in the Terms.
    4. Participants shall submit their Contributions until 07.04.2019 at the latest (“Submission Period”) via the submission process that will be detailed by the “Organizer” in the keynote speech of the Competition. Any Contributions submitted after expiration of the Submission Period are excluded from the Competition.
    5. Participants may withdraw their Contributions at any time until the end of the Competition. With the withdrawal of a Contribution the respective Participant shall be excluded from the Competition and the Participant’s right to win a prize is terminated. Organizers will take note and any right to win a prize is relinquished.
    6. Each Participant is allowed to submit only one Contribution which will be eligible for being awarded a prize.

 

4.Evaluation Process

 

  1. Review and evaluation of all validly submitted Contributions will be carried out by a jury who are selected at the Organizer’s and Initiator´s sole discretion (the “Jury”).
  2. All validly submitted Contributions will be objectively reviewed and evaluated by the Jury in accordance with the following assessment criteria and rank the Contributions accordingly:
    • Creativity (includes creativity of the Product, in particular as regards usability, design, and intuitiveness – max. 20 points)
    • Potential Value (includes the degree to which the Product provides scale and economic or social value to Porsche or Porsche customers – max. 20 points)
    • Ease of Implementation (includes the extent to which the value provided to the user is realistically achievable with existing technologies within the near term, not vague, or reliant on a technology that is not yet on the market – max. 20 points),
    • Contribution Pitch (includes the clarity and description of what problem the Product addresses, how the Product solves the problem, and what technology is used – max. 20 points).
    • Team work and mentor evaluation (evaluation made by each mentor. Each team will have a main mentor assigned to provide support and evaluate, but the rest of the mentors will also evaluate their work – max 20 points).

3.The Jury’s decision shall be based at the Jury’s sole discretion in accordance with the evaluation criteria. The decision shall be final and binding.

 

5.Prizes

 

  1. The Jury will award a 1st, 2nd and 3rd prize in accordance with the evaluation process set out in sec. 4. Short information about the prizes is detailed in the Competition website. More details will be presented by the Jury during the Award ceremony
  2. The winning Participants will be announced during the Award ceremony.

 

6.Announcement and Publication

 

  1. The winners’ names as well as images and pictures of the prize winning Participants and Contributions will be announced to the public on the Competition’s website and social media accounts.
  2. By participating in the Competition, the Participant grants the Organizer and Initiator and its affiliated companies the unconditional and irrevocable right, except where prohibited by law, to use their name, country of residence, images and pictures and the Contribution for promotional purposes.
  3. The Participants provide Porsche Engineering with all rights, spatially and temporally unlimited as well as free of charge, in terms of usage, reproduction and distribution for radio, television, intranet, internet and in particular social media channels such as Facebook or others. This applies to print publications as well as electronic publications, in physical forms (press releases, post, CDs) and non-physical forms (all electrical applications including internet).

 

7.Intellectual Property

 

  1. With respect to all materials contained in a Contribution which are protected by intellectual property rights, the Participant submitting a Contribution as owner of such rights hereby grants to Porsche Engineering Romania and to companies affiliated with Porsche Engineering Romania in the sense of an unrestricted, exclusive, perpetual, irrevocable, sub-licensable, transferrable, worldwide, royalty-free and – as a general rule – fully paid-up right to use the submitted Contribution for all current and future, as yet unknown, types of use. This includes, in particular the right to make use, edit, import, offer for sale, sell, export, reproduce, exploit, prepare derivative works of, distribute, publicly perform, lease and publicly display the submitted Contribution.
  2. As far as materials contained in a Contribution are to be qualified as databases according to Romanian Copyright Act, Porsche Engineering Romania shall be regarded as creator of such database in the sense of Romanian Copyright Act.
  3. The Participant releases Porsche Engineering Romania from the obligation to designation of authorship according to Romanian Copyright Act. Should the exercise of the rights granted above affect Participant’s moral rights, the Participant undertakes to exercise his/her rights in a careful manner, taking into account the interests of Porsche Engineering Romania. Against this background, the Participant will exercise his/her rights only in exceptional cases.
  4. In the event that the Participant’s contribution should have overlaps or similarities with Porsche Engineering Romania’s own developments or those of companies affiliated with Porsche Engineering Romania, Participant shall not assert any claims against Porsche Engineering Romania, its affiliated companies or its customers.
  5. The Participants shall inform Porsche Engineering Romania about any application for industrial property rights as regards the Contribution.
  6. Re-assignment for non-winning Contributions
    • With the exception of the winning Contributions (see section 5), Porsche Engineering Romania -upon the end of the Competition – automatically re-assigns any intellectual property rights assigned under Section 1 to the former rights holder in such Contributions.
    • Porsche Engineering Romania will internally evaluate the non-winning Contributions regarding feasibility of implementation as well. For this reason, the Participant shall – for a period of six (6) months following the end of the Competition – not assign to any third party any intellectual property rights, i.e. any right, title or interest of whatsoever nature they may have in the Contributions and shall not grant any rights to use the Contributions to any third party. During this period the Participant commits to enter into assignment and/or license discussions with Porsche Engineering Romania in order to enable assignment and or license grant to Porsche Engineering Romania on fair, reasonable and non-discriminatory (FRAND) terms.
  7. Specific rules for winning Contributions
    • For the sake of clarity, it is expressly stated that Section 7.6 does NOT apply to winning Contributions.
    • The winning Participants have no right to claim implementation of the materials contained in their Contributions. If Porsche Engineering Romania assigns the rights to the Contribution to a third party, such party may contact the Participants after the contest.

 

8.Costs and Expenses

 

  1. Participants’ costs and expenses in connection with the participation in the Competition are to be borne by the Participants. The Organizer and Initiator does not compensate the Participants for any costs and expenses incurred in connection with the participation in the Competition.
  2. Apart from prizes offered as part of the Competition, no monetary compensation will be offered for any reason.
  3. Travel costs are also not covered

 

9.Data Protection

 

  1. During the Competition the Organizer is collecting personal data of the Participants provided by the Participants, in particular as regards the registration process. The Organizer collects, processes and uses (together: “processing” or “to process”) such personal data for the purpose of carrying out the Competition, announcing the awarded Contributions (see sec. 6), or contact the Participant for providing information required for the proper execution of the Competition.
  2. Any Participant’s rights in accordance with applicable data protection law, in particular the Participant’s right of disclosure and or right to demand correction, blockage or deletion, shall remain unaffected. All inquiries relating to data protection shall be addressed to [PE_Student_Competition@porsche-engineering.ro].

 

10.Warranty

 

  1. By submitting a Contribution, the Participant warrants that
    • (i)the Contribution, in particular the Product, or any part thereof do not infringe any third party intellectual property right
    • (ii) the Participant disposes of all permissions, rights and licenses required for the submission of the Contribution in accordance with these Terms
    • (iii) the Contribution does not contain any harmful, malicious or deceptive code, including but not limited to any bots, back doors, Trojan horses, viruses, worms and other harmful or malicious code, files, scripts, agents or programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
    • (iv) the Contribution does not contain third party or publicly available code which is subject to license terms that require to license the Product or any derivative work thereof to third parties or make the Product or any derivative work thereof publicly available.
  2. To the fullest extent possible by applicable law, the Organizer and Initiator specifically disclaims any liability, terms, conditions, representations or warranties, express or implied, regarding the Competition or the prizes including any implied warranty of non-infringement, merchantability or fitness for a particular purpose and any other implied warranties that may arise in the course of performance of the Competition.

 

11.Liability

 

1. The Organizer and Initiator shall be liable in accordance with statutory provisions for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, gross negligence, willful default, or for any other type of loss or damage which cannot be excluded by applicable law.
2. Except as set out in sec. 11.1, in no event will the Organizer and Initiator, its affiliates, partners, subsidiaries, officers, directors, agents, employees and third parties engaged in the execution of the Competition, be liable to a Participant for any direct, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with the participation of the Participant in the Competition, whether such liability arises from any claim based upon contract, tort (including negligence), strict liability or otherwise, and whether or not Organizer and Initiator has been advised of the possibility of such loss or damage.
3. Except as set out in sec. 11.1 and subject to sec. 11.2, the Organizer’s and Initiator´s cumulative aggregate liability arising out of or in connection with the Competition shall be limited to the value of the prizes pursuant to sec. 5.1.

 

12.Confidentiality

 

  1. The Participant will hold all Confidential Information confidential, must not make it accessible to third parties and has to protect it from third party access and may use it only for purposes of the Competition. Confidential Information shall be all information, in particular the vehicle data, provided to a Participant in the course of the Competition and all other technical and economic information, as well as any intentions, experiences, findings, designs and documents made available to a Participant during the Competition, or which a Participant receives from Porsche Engineering Romania or gains knowledge of by other means in connection with the Competition, irrespective of the information being Confidential Information of Porsche Engineering Romania or of companies affiliated with Porsche Engineering Romania.
  2. This confidentiality obligation does not apply to information,
    • which demonstrably has already been known to the Participant prior to the Competition,
    • which the Participant receives from third parties without infringement of a confidentiality obligation,
    • which is generally known or become generally known without breach of the obligations contained in these Terms, or
    • which must be disclosed in court or by order of an authority.
  3. If the Participant is requested to disclose Confidential Information in court or by order of an authority, the Participant is obliged to inform Porsche Engineering Romania immediately in writing before passing on the information, so that Porsche Engineering Romania has the opportunity to initiate legal action.

 

13.Modification/cancellation

 

  1. The Organizer and Initiator reserves the right, at its sole discretion, to modify, suspend or cancel the Competition without liability in the event that for reasons beyond the Organizer’s control cannot be performed as initially planned, e.g. because of a violation of the Terms by Participants or technical problems (outages, system corruption, cyber-attacks, etc.).

 

14.Compliance with the Terms/Exclusion from Competition

 

  1. Any Participant violating these Terms and Conditions or interfering with the Competition in a way that adversely affects a fair and sportsmanlike competition may at the Organizer´s and Initiator´s sole discretion be excluded from the Competition and thereby lose their eligibility to win a prize.

 

15.Miscellaneous

 

  1. These Terms shall be governed by and construed in accordance with the laws of Romania. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
  2. Should one or more provisions of this Agreement be or become invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions of this Agreement.