"PowerUp! 2018" COMPETITION REGULATIONS
1.1 Capitalized phrases used in these Terms and Conditions, shall have the meaning set out below:
Organizer - InnoEnergy Central Europe Spółka z ograniczoną odpowiedzialnością (Limited Liability Company) with its registered office in Kraków, Wielicka Street 28, 30-552 Kraków, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, under KRS number 0000409342, REGON: 122437998, NIP: 6772365070, with the share capital of PLN 202,490.40 (two hundred two thousand, four hundred ninety forty zloty 40/100).
Terms and Conditions - these Terms and Conditions.
Contest - a competition organized under the name PowerUp! 2018 under the principles set out in the Terms and Conditions.
Contest Website - website under the address: powerup.innoenergy.com.
Project - an innovative idea in the area of sustainable energy, mobility, smart city, cybersecurity, presented in the Form constituting the Competition work in the Contest.
Participant - a natural person of age having full capacity to perform legal acts, including a natural person conducting in business, as well as a legal person and organizational unit which is not a legal entity, to whom the law has granted legal capacity, resident or established in one of the following countries: : Albania, Armenia, Bosna-Herzegovina, Bulgaria, Croatia, Cyprus, Montenegro, Czech Republic, Estonia, Greece, Georgia, Lithuania, Latvia, The former Yugoslav Republic of Macedonia, Malta, Moldova, Poland, Romania, Serbia, Slovakia, Slovenia, Turkey, Ukraine and Hungary; which has made a proper Contest entry by submitting the Form.
Form - application form, available on-line on the contests website, allowing the Participant to submit an application to participate in the Contest.
Jury of the Country Final - Jury appointed by the Organizer, composed of 3-5 members each, for each of the following countries: Bulgaria, Croatia, Czech Republic, Estonia, Greece, Lithuania, Latvia, Serbia, Turkey, Ukraine, Slovakia, Slovenia, Romania, Poland and Hungary, the aim of which is to select 1 (one) finalist, during individual Country Finals.
Contest Jury - a jury appointed by the Organizer, composed of 5 - 10 persons, the aim of which is to select three Contest laureates during the Grand Final, made up of representatives of the Organizer and of the following groups: energy companies, investment funds, universities, institutions supporting entrepreneurship.
Grand Final - an official gala organized to determine finalists, out of the Contest finalists selected during individual Country Final of the Contest.
Country Final - an official gala organized to select country finalists of the Contest, who will be invited to take part in the Grand Final of the Contest.
Work - an item of the Project, constituting a subject of the intellectual property rights in a form of copyrights, industrial property rights or know-how.
E-mail address - the e-mail provided in a Form submitted by the person applying to the Contest, which will be used for official communication.
KIC InnoEnergy - KIC InnoEnergy is a company established in accordance with the Dutch law, with its registered office in Kennispoort, John F. Kennedylann 2, 5612 AB Eindhoven, Holland, formed by a group of European entities and organisations and appointed by the European Institute of Innovation and Technology (EIT) to be the Knowledge and Innovation Community. KIC InnoEnergy's mission is to drive the growth and innovation in the field of sustainable energy. In order to achieve this mission, KIC InnoEnergy comprises all components of the so-called knowledge triangle: entrepreneurship, research and higher education. KIC InnoEnergy is strongly supported by the EIT. Most of the KIC InnoEnergy's tasks are performed by six regional centres called the nodes, which are fully controlled by KIC InnoEnergy. InnoEnergy Central Europe sp. z o. o. located in Kraków, Poland is one of these nodes.
BCSA -Business Creation Service Agreement with appendixes, i.e. provisions specific for the relevant Co-Location center, definition of the project, generic overview of draft of Business Creation Services for the KIC InnoEnergy Highway (for reference purposes only), draft of Roadmap, draft of Term Sheet for Participation Agreement concluded by KIC InnoEnergy having as its object the provision of services by KIC InnoEnergy for the entrepreneurs and companies in the InnoEnergy Highway® process, i.e. transformation process of their ideas, researches and development into successfully functioning products and services, creating at the same time new, innovative business projects in four aspects of a business venture: technology, market, human resources and finances. A sample of BCSA will be provided to the Participants by the Organizer.
2. GENERAL PROVISIONS
2.1 The Competition shall be conducted under the name of „PowerUp! 2018”.
2.2 The Competition will be conducted pursuant to the Terms and Conditions. The Organizer reserves the right to change the Terms and Conditions, provided that the changes do not violate the rights of the Participants of the Contest in the following cases:
• 2.2.1 1 in the event of a change in the law affecting the content of the Terms and Conditions;
• 2.2.2 in the event of a decision by a competent administration or judicial decision affecting the content of the Terms and Conditions;
• 2.2.3 if necessary to improve the handling of the Participants;
• 2.2.4 if necessary to clarify the interpretative doubts concerning the Terms and Conditions.
2.3 In case of changes mentioned in sec. 2.2 above, they will be made public on the Contest Website.
2.4 The objective of the Contest is to support entities implementing innovative projects with development potential and interested in obtaining financing enabling further research and development works or aimed at refining an existing product or service.
2.5With regard to the objective of the Contest, the Organizer shall have the right so select such Projects which could be eligible for the support granted by it under the Highway® process. Selecting such Projects may initiate a process that will consequently cause the specific Project to acquire the support granted in the framework of the Highway® process. In order to enhance communication related to this process, every Participant is obliged to file a declaration (Confirmation Note) of having familiarised themselves with the BCSA as per the Terms and Conditions. Selection of said Projects neither constitutes a prize in the Contest, nor may entitle any of the Parties to claim initiating of said process as well as to claim granting Highway® support to any such Project, which remains only a right but not obligation of the Organizer and Participant.
2.6 The contest is regional and includes the following countries: Albania, Armenia, Bosna-Herzegovina, Bulgaria, Croatia, Cyprus, Montenegro, Czech Republic, Estonia, Greece, Georgia, Lithuania, Latvia, The former Yugoslav Republic of Macedonia, Malta, Moldova, Poland, Romania, Serbia, Slovakia, Slovenia, Turkey, Ukraine and Hungary.
2.7 This Contest is not a game of chance within the meaning of the Gambling Law of 19th November 2009.
3.1 Participants in the Contest may be natural persons of age having full capacity to perform legal acts, including natural persons conducting business activities, legal persons and organizational units which are not legal entities, to whom the law has granted legal capacity.
3.2 Participant in the contest may be any herein appointed person, if he/she is the resident or established in one of the following countries: Albania, Armenia, Bosna-Herzegovina, Bulgaria, Croatia, Cyprus, Montenegro, Czech Republic, Estonia, Greece, Georgia, Lithuania, Latvia, The former Yugoslav Republic of Macedonia, Malta, Moldova, Poland, Romania, Serbia, Slovakia, Slovenia, Turkey, Ukraine and Hungary.
3.3 Employees of the Organizer and the Partner and members of their families may not participate in the Contest. Ascendants, descendants and spouses are considered the family members.
3.4 Moreover, participation in the Contest is not allowed for the entities, which:
• 3.4.1 during its term or within 12 months prior to the date of application are or were covered by the KIC InnoEnergy SE financial support under any contract;
• 3.4.2 in the previous edition of the Competition were qualified for its Grand Final.
3.5 Participation in the Contest is synonymous with adherence by the Participant to the Terms and Conditions in whole. The Participant agrees to comply with the principles laid down therein as well as confirms that he/she meets all the conditions that entitle him/her to participate in the Contest.
3.6 Participants shall act in person, by authorized representatives or by representatives with the power of attorney given in writing under the pain of invalidity. The Organizer may require the representative or attorney to submit the original document confirming the authorization to act on behalf of the Participant under pain of rejecting the project.
3.7 Participation in the Contest is voluntary.
4 PARTICIPATION TERMS AND CONDITIONS
4.1 Registration for participation in the Contest is made by correct filling and sending the Form to the Organizer's IT system located on the Contest Website.
4.2 In case of legal person or an organizational unit which is not a legal persona, to whom the law has granted legal capacity, a person sending the Form declares that it is empowered to act on its behalf in the application for the Contest.
4.3 The Form can only refer to a single Project. A Participant may submit only one Project from the Contest. In case of two or more Projects submitted by the same Participant, the Project duly submitted and participating in the Contest shall be considered the one that has been submitted first.
4.4 The Contest shall be held in the English language. The Form and any information submitted by a Participant in relations to the application and during the Contest should be formulated in the English language.
4.5 Registration of the Participant for the Contest occurs in the moment of sending the correctly completed Form. The Participant shall receive confirmation of registration and acceptance of the application to the E-mail address.
4.6 In case it is necessary to contact a Participant with respect to the Contest, the Organizer or the Partner shall use the contact details provided in the Form. The Organizer and Partner shall not be liable for the consequences of the incomplete or inaccurate contact details of the Participant if, despite due diligence performance, contacting the Participant was impossible or disproportionately hindered.
5 PROCESSING AND PROTECTION OF PARTICIPANTS' PERSONAL DATA
5.1 Personal data provided to the Organizer by Contest Participants shall be processed by the Organizer from the moment of sending the Form. Personal data provided to the Organizer will be processed by the Organizer solely for the purposes of conducting the Contest in such a manner as is necessary, in particular to communicate with Participants during the Contest, to inform Participants of the decisions of the Contest Jury or Jury of the Country Final, to hand prizes, to process complaints and perform public duties, in accordance with the Personal Data Protection Act of 29th August 1997. The Organizer of the Contest is not entitled to use personal data given by the Participants in any other purpose. By filling an application, consent is given for the personal data to be processed in the indicated manner and scope, which is a prerequisite to participate in the Contest.
5.2 By filing application, consent is given to use the Participant or its representative’s image recorded on behalf of the Organizer or the Partner (audiovisual recording) during events related to the Contest, such as Country Final and Grand Final. Dissemination of the Participant's image will be solely for the purpose of promoting the Contest and its subsequent editions.
5.3 Contest Participants shall have the right to access the content and to correct it.
5.4 The Organizer shall be the data administrator .
6 DATE OF THE CONTEST
6.1 The contest shall be carried out from 1st March 2018 until 19th June 2018 in the following stages:
• 6.1.1 Stage I of the Contest: 1st March 2018 – 19th April 2018,
• 6.1.2 Stage II of the Contest: 19th April 2018 – 10th June 2018,
• 6.1.3 Stage III of the Contest: 10th June 2018 – 30th June 2018.
6.2 The schedule of the Contest is posted on the Contest's Website.
7.1 For the purposes of the Contest fifteen (15) boards of Jury of the Country Final shall be set up in the following countries: Bulgaria, Croatia, Czech Republic, Estonia, Greece, Lithuania, Latvia, Poland, Romania, Serbia, Slovakia, Slovenia, Turkey, Ukraine and Hungary. The Contest Jury shall be appointed, to perform selection of laureates of the Contest. The Contest Jury shall asses the Participants during the Grand Final of the Contest.
7.2 Each Jury of the Country Final and the Contest Jury shall consist of the Jury Chairman and other members.
7.3 The Jury of the Country Final and the Contest Jury shall be chosen by the Organizer.
7.4 The Chairman of each Jury shall participate in voting on an equal footing with other members of the Jury.
7.5 The Chairman of Jury of the Country Final and Contest Jury shall supervise the work of other members and ensure compliance with the Terms and Conditions.
8 STAGES OF THE CONTEST
8.1 Stage I of the Contest shall include:
• 8.1.1 Submission of the projects by completing the Form on the Contest's Website and sending them on-line to the Organizer. Applications can be sent from 1st March 2018 00:01 AM until 15th April 2018 11:59 PM.
• 8.1.2 Formal selection and preliminary substantive selection shall be performed by the Organizer.
• 8.1.3In case of formal errors in an application the Organizer calls the Participant to correct it, giving it an additional deadline, but not shorter than 7 days. The instruction to correct formal defects in the Application shall be done in electronic form and by sending a message to the E-mail address. The date of instruction to rectify the formal defects of an Application shall be the date of sending the message by the Organizer.
• 8.1.4 The Application may be rejected if it does not comply with any the following requirements:
a. has been submitted after the deadline specified in items 8.1.1,
b. the Project is not related to the area of sustainable energy, mobility, smart city, cybersecurity and related areas,
c. •the Project is not innovative.
• 8.1.5 A Project may be rejected in the course of the Contest in cases listed in the Terms and Conditions. The result of rejecting a Project during the Contest is that it cannot be the subject of the Contest any longer. Rejection of a Project in the course of the Contest shall not deprive the Participants of the rights acquired before such a rejection.
• 8.1.6 Qualification of applications that meet formal and substantive conditions for the next stage of the Contest.
• 8.1.7 Notification of the persons who have applied for the Contest about the results of the first stage of the Contest by sending a message to the E-mail address together with sample BCSA and declaration of having been familiarised with its content to those persons whose Projects have qualified for the subsequent stage of the Contest.
8.2 Stage II of the Contest includes:
• 8.2.1 DDivision of applications qualified for the second stage of the Contest and assigning individual applications to the competent for Jury of the Country Final. Participants, resident or having a seat outside the fifteen listed countries will be notified by the Organizer by sending a message to the E-mail address to which Jury of the Country Final qualified them;
• 8.2.2 Submission by the Participants of a signed declaration of having familiarised with BCSA in a scanned and original form to the entity indicated in the notification of the Contest results (referred to in par. 8.1.6), under pain of the Project rejection.
• 8.2.3 Participation of the Participants qualified for the second stage of the Contest, who have submitted the declaration of having familiarised themselves with BCSA, in workshops improving their skills in presentation of their Projects and in creation of their business concept. These workshops are intended to prepare the Participants to present their Projects at the Country Final of the Contest. Participants shall be informed via e-mail about the date and place of the workshop by sending a message to the E-mail address. During the workshops the Jury of the Country Final selects Participants who will be qualified to take part in the Country Final. The Organizer may appoint people for the Jury of the Country Final composition during the Country Final other than during workshops;
• 8.2.4 Presentation of Projects by the Participants selected in accordance with point 8.2.2 above, at the Country Final:
a. Participants will make a 4-minute presentation to the Jury of the Country Final;
b. after the end of a presentation of the Project, the Jury of the Country Final shall have the right to ask questions, to which the Participant shall immediately respond (time for asking questions and providing answers is 3 minutes);
• 8.2.5 Selection of finalists of the Contest:
a. after the end of all presentations, the Jury of the Country Final shall deliberate and jointly select 1 (one) finalist. In total all Juries of the Country Finals shall select 15 finalists of the Contest;
b. Contest results shall be announced during the Country Final to all persons involved therein, posted to the Contest's Website and the finalists will be qualified to the third stage of the Contest.
8.3 Stage III of the Contest includes:
• 8.3.1 Participation of the Participants (finalists) qualified for the third stage of the Contest in workshops improving their skills in presentation of their Projects and in creation of their business concept. These workshops are intended to prepare the Participants to present their Projects at the Grand Final. Participants shall be informed about the date and place of the workshop by sending messages to the E-mail address.
• 8.3.2 Presentation of ideas by the Participants qualified by the Jury of the Country Final to the third stage of the Contest at the Grand Final:
a. Participants will make 4-minute presentations of their Projects to the Contest Jury and audiences;
b. after the end of the presentation of a Project, the Contest Jury shall have the right to ask questions, to which the Participant shall immediately respond (time for asking questions and providing answers shall be 3 minutes).
• 8.3.3 Selection of finalists of the Contest:
a. after the end of presentations of all Projects, the Contest Jury shall deliberate and by voting shall select three (3) finalists of the Contest. Voting shall take place via indicating by each of the Contest Jury the 3 best Projects and granting them points from 1 to 3 for, where 3 is the highest score. Members of the Contest Jury may grant only full points. In the event if more than one project is given the same number of points, the vote of the Chairman of the Contest Jury shall be deciding. While assessing the presented Projects, the Contest Jury shall take into account the investment potential of the Project
b. three Participants who will receive the highest number of points will be the finalists of the Contest and will be granted the first, second and third place;
c. Contest results shall be announced during the Grand Final for all persons involved therein, and posted to the Contest's Website and Contest finalists shall be officially awarded prizes, in accordance with section 9 of the Terms and Conditions.
8.4 In case a Participant is qualified to the second of third stage of the Contest, the Participant is obliged to confirm their participation in this stage not later than within 7 days before the planned event, that is, respectively, before the presentation, participation in the workshops and the Country Final and the Grand Final or else the Project will be rejected.
8.5 The Organizer shall cover the costs of:
a. transport, accommodation and meals for the persons qualified to the Country Final in the scope necessary to participate in the gala, provided that such gala will take place in other country that their residence or seat,
b. transport, accommodation and meals for the Participants admitted to participate in the Grand Final, to the extent required to participate in the Grand Final.The above-mentioned costs aforementioned in items 8.5 shall be covered in such a manner that the Organizer shall make the prior purchase of the services and transfer to the Participant all documents and information required to correctly use of the purchased services. Organizer shall cover no other costs, including the accommodation and costs of transport to arrive at the Country Final other than the costs mentioned in paragraph 8.5 letter a).
9.1 The Organizer is the Founder of awards in the Contest.
9.2 The Contest Jury shall award the following prizes:
a. for the first place – financial prize of EUR 30,000 gross (in words: thirty thousand euros gross)
b. for the second place – financial prize of EUR 10,000 gross (in words: ten thousand euros gross)
c. for the third place – financial prize of EUR 5,000 gross ( five thousand euros gross).
9.3 The financial prize will be handed in a non-cash form by transfer to the bank account indicated by the laureate.
9.4 In the case of Participants who are natural persons, having a Polish tax residency, the Organizer being the taxpayer will deduct the amount equal to the lump sum of the prize (10%) and will pay the cash prize less the amount of the tax. In the case of legal persons and non-corporate organizational units, the Organizer shall pay the prize in gross amount, and the laureate shall be under the obligation to pay the tax.
9.5 For laureates without Polis tax residency, where under bilateral international agreements for the avoidance of double taxation, the prize in the Contest is taxable in a country other than the Republic of Poland, where the Participant is resident or have a seat, the income from the prize should be settled by the winner in the state of his/her tax residence. In such a case, the Organizer shall not deduct the amount of the tax, provided that the Participant demonstrates his / her immediate tax residence in a state other than the Republic of Poland, not later however than within 7 (seven) days from notification of the Contest results. Otherwise, the Participant is obliged to submit the appropriate tax form to the appropriate Polish tax authority, which may result in double taxation of the prize.
9.6Prerequisite for awarding a Participant who is not resident in the Republic of Poland is to provide the Organizer with the data necessary to fill proper tax forms.
9.7 The total amount of the prize pool in the Contest amounts to EUR 35,000 gross (thirty five thousand euros gross).
10 COMPLAINTS PROCEDURE RULES
10.1 Participants should submit all complaints concerning the conduct of the Contest in writing during the Contest within 21 days after the Grand Final.
10.2 The written complaint should be sent by registered mail to the address of the Organizer: INNOENERGY Central Europe spółka z ograniczoną odpowiedzialnością with its registered office at the address: InnoEnergy, ulica Wielicka 28, 30-552 Kraków, with a note “COMPLAINT - PowerUp! 2018” or via e-mail to the following address: email@example.com.
10.3 The complaint should include: the name and exact address of the participant, the reason for the complaint and the content of the request.
10.4 Complaints shall be considered within 14 days from the day of receipt by the Organizer. The Organizer's decision on the complaint shall be final and binding. The Participant shall be informed about the Organizers' decision by letter sent to the address specified in the complaint within 7 days from the date of the complaint.
11 INTELLECTUAL PROPERTY RIGHTS
11.1 By submitting the own participation in the Contest, the Participant declares that in relation to the Work he/she is entitled to all rights of intellectual property to the Work, unencumbered or unrestricted by the rights or claims of third parties, in particular the copyright to the Work under the Act on Copyright and Related Rights of February 4th February 1994.
11.2 In the event if any third party files any claims against the Organizer, both of pecuniary and non-pecuniary nature concerning intellectual property rights including the claims on the copyright, the company, trade mark protection, infringement of provisions on unfair competition, violation of personal rights or violation of other legal regulations, related indirectly or directly to Projects submitted by Participants in the Contest, the Participant shall be obliged to release the Organizer from any liability by taking all actions permitted by law, if the source of a third party claims is improper performance of Participant's obligations arising from participation in the Contest.
11.3 The Organizer reserves the right to require additional documents confirming that the Participant is the Owner of all intellectual property rights referred to in item 11.1 above.
12 FINAL PROVISIONS
12.1 The Terms and Conditions are the only document defining the rules of conducting the Contest.
12.2 The Terms and Conditions of the Contest are posted on the Contest's Website.
12.3 From the time of submission of the Form to the end of the Contest, all communication related to participation in the Contest is conducted electronically by sending a message to the e-mail address and to the following email address of the Organizer firstname.lastname@example.org..
12.4 Upon the request of the Participant, the Terms and Conditions may be sent by post under the condition that a return self-addressed envelope with a note “THE RULES – PowerUp! 2018 CONTEST” with a postage stamp shall be sent to the Contest Organizer's address.
12.5 In the matters not covered by the Terms and Conditions the mandatory legislation at the territory of the Republic of Poland, especially by the Civil Code shall apply.
12.6 These Terms and Conditions shall be governed and interpreted in accordance with the Polish law.