Terms & Conditions
Terms and conditions of entry
1. The "Engineering the future – Rethinking car body manufacturing" competition ('the Competition') is organized by HYVE Innovation Community GmbH, Schellingstrasse 45, 80799 Munich (“HYVE”) for VOLKSWAGEN AG ('VOLKSWAGEN'), Berliner Ring 2, 38440 Wolfsburg. VOLKSWAGEN is one of the world's largest car makers. With our technical competence and innovation, Volkswagen puts moving ideas on the road. This competition lets users work together with Volkswagen to develop new car body manufacturing methods. These terms and conditions directly apply between VOLKSWAGEN and the participants of the contest.
2. This competition for ideas is being hosted on a server belonging to service provider Hyve AG, Haus der Innovation, Schellingstr. 45, 80799 Munich (“Hyve AG”). The competition runs from 03.11.2017 to 20.12.2017. The competition aims to gather ideas within the improvement/disruption of the car body manufacturing process (‘approach’). The best approaches will win prizes during the course of the competition. Entrants are also invited to get involved actively in assessing and improving the ideas and concepts submitted.
3. To enter the competition, entrants must be 18 or over (although, if their home country says they must be older to have full capacity to contract, that higher age applies). Staff of VOLKSWAGEN, its subsidiaries and associated companies are excluded from the competition, as are staff of companies engaged to run it and all immediate family members of those companies (for the purposes of this competition, 'immediate family members' means husband, wife, mother, father, sister, brother, son, daughter and anyone living in the same household as such staff). VOLKSWAGEN reserves the right to review whether entrants are eligible to take part and to verify their identity.
4. To enter the competition, entrants must go to https://www.hyvecrowd.com/register to register. Here they will be asked via a registration page to give VOLKSWAGEN their username, password and e-mail address and confirm they have read these terms and conditions of entry and accept them. VOLKSWAGEN needs to know who entrants are so it can award prizes and contact them about entries they submit: so they cannot be announced as winners unless they let VOLKSWAGEN have their name and address in the competition period via the registration page. VOLKSWAGEN will use personal data disclosed only to run this competition.
5. Once they have entered, entrants can pull out of the competition any time by e-mailing HYVE at firstname.lastname@example.org telling HYVE so. Any rights and obligations entrants may acquire before pulling out will remain in force, even if they pull out: this applies in particular to assigning or licensing rights under Articles 13 to 16.
6. You do not have to order any products or services from VOLKSWAGEN or any third parties to enter this competition.
7. To enter an approach or an idea for an approach, the user must upload that approach or idea via a web form on the website. To find out more about entering ideas, see https://engineering-the-future.hyvecrowd.com/page/about-29 .
8. VOLKSWAGEN will not accept any entries that:
· Are inappropriate, obscene, libelous, insulting, defamatory, vulgar, improper or unlawful;
· Infringe third party rights;
· Constitute 'tirades of hate', irrespective of whether they are directed at individuals or a group, and whether they refer to the race, gender, beliefs, national origins, religious affiliation, sexual orientation of language of those individuals or groups;
· Contain, or assist, viruses, worms, damaged files, cracks or other material aimed at damaging software, hardware or other security precautions of VOLKSWAGEN, Hyve AG or a third party or rendering them unusable;
· Enable or promote games of chance, the sale or use of alcohol, tobacco, illegal drugs or other illegal activities, or
· Prevent or restrict anyone entering the competition or other VOLKSWAGEN services.
9. Approaches may only be entered by individuals. The approaches as entered must not have been offered for commercial use anywhere else. VOLKSWAGEN is not responsible for maintaining confidentiality, nor can VOLKSWAGEN be held liable for the consequences of disclosing approaches.
10. Entries that are incomplete, disfigured or damaged will be deemed to be invalid.
11. Entrants agree to these entry terms and conditions merely by entering the competition. Any entrants who fail to comply with these terms and conditions will be disqualified. In entering the competition, entrants also accept VOLKSWAGEN's decisions as final and binding. Details of evaluating approaches will not be published. Entrants are not entitled to any individual feedback or explanations in respect of the jury's decision. VOLKSWAGEN is not bound to answer any entrants' correspondence.
12. The jury will pick the winners out of all valid entries, as it sees fit. For details of how winners are decided and the prizes offered, go to https://engineering-the-future.hyvecrowd.com/page/about-29 .
13. Evaluating entries may take VOLKSWAGEN some time. Winners cannot insist their approaches be used. VOLKSWAGEN will waive any user rights if it decides not to use approaches twenty-four (24) months after the competition closes.
14. In entering the competition, entrants assign the right to use approaches submitted for research purposes, to make prototypes and for internal and external presentation purposes to VOLKSWAGEN irrevocably and unconditionally insofar as the law allows. User rights include in particular the right to reproduce, distribute and set up approaches in the course of presenting prototypes. These user rights cover use by VOLKSWAGEN and its group companies. Any commercial use of approaches submitted by VOLKSWAGEN is expressly excluded. These rights must be granted free from third party rights. VOLKSWAGEN hereby accepts such assignments. If VOLKSWAGEN is interested in commercially using approaches entered, VOLKSWAGEN will agree with the originator on using the approach commercially.
15. The user rights will also allow VOLKSWAGEN and contracted companies to use parts of the approach, alter or redesign it and/or have the material altered or redesigned by third parties and/or to combine the material with other material acquired either from VOLKSWAGEN, contracted companies or competition entrants or under licence from third parties. Should VOLKSWAGEN intend to use an approach commercially in connection with the user rights granted above, VOLKSWAGEN will enter into an agreement with the originator on using the approach commercially.
16. In entering, entrants acknowledge that VOLKSWAGEN and contracted companies develop ideas of their own accord or receive contributions that are similar or even identical to approaches which entrants send in to VOLKSWAGEN. Entrants hereby agree to waive enforcing any claims against VOLKSWAGEN or contracted companies accepting, testing and/or using submissions or contributions that are similar to approaches entrants sent to VOLKSWAGEN.
17. VOLKSWAGEN may assign any and all rights entrants grant it under Articles 14 to 21 to its group companies.
Consent to publication
18. In entering the competition, entrants agree to VOLKSWAGEN using their approaches for PR purposes, including advertising. They also agree to their material being published on the World Wide Web and hence being made available to an undefined group of users. Entrants also agree to their being named should they win. Entrants waive their rights or payment in connection with the actions as described in Article 18.
19. All personal data will be processed in line with the HYVE Terms & Conditions https://www.hyvecrowd.com/tos . Personal data of the entrants can be provided to VOLKSWAGEN by HYVE to ensure an orderly contest procedure within all given responsibility. That means that HYVE is responsible for all personal data and Volkswagen will only have the possibility to access the personal data in connection with the contest and for a maximum of 24 months.
20. During the registration process entrants will be asked to give HYVE the following mandatory data please note that VOLKSWAGEN is allowed do access these data):
· username (will be shown on the website, is needed for login);
· password (will not be shown on the website, is needed for login);
· e-mail address (will not be shown on the website, is needed to contact the user in case of an award or contest news);
Additionally, the following optional data can be given by the entrants that will be shown on the website and can therefore be seen by other website visitors:
- first name and family name
- country and nationality
· short description
21. All personal data will be deleted in compliance with the applicable legislation on data protection. In case you want to revoke the consent to use or processing of personal data and to request the deletion of all personal data please contact HYVE (HYVE Innovation Community GmbH, Schellingstrasse 45, 80799 Munich, Germany, email@example.com) directly.
22. Entrants guarantee and warrant that approaches originate with them, and that they have the right to assign rights or grant user rights under Articles 14 to 21 without infringing third party rights.
23. In entering the competition, entrants agree to hold VOLKSWAGEN harmless against any actions for damages, claims, rights or proceedings of any kind which may be brought against VOLKSWAGEN in connection with the approaches, receiving, possessing, entering or using the prize of failing to comply with the obligations as stated in Article 22. This indemnification also extends to losses in connection with physical injury, death and damage to property and actions based on rights in connection with libel or breach of privacy. Liability is limited to cases of malice aforethought and gross negligence, except in cases of death and physical injury.
Exclusion of liability
24. VOLKSWAGEN is not responsible for any entries that are not received, either because they are lost, delayed or held up or due to other electronic problems or because post is lost, delayed, illegible or incomplete or because entries are misdirected. Nor VOLKSWAGEN is responsible for any incorrect or false entries, irrespective of whether they were made by entrants or are attributable to hardware or software error or human error in the course of handling entries to this competition.
25. The competition website may also include links and references to third party websites. VOLKSWAGEN is not liable for the content of such websites, and will not make those websites or their content its own, as VOLKSWAGEN has no control over the information or content which they contain. Nor is VOLKSWAGEN liable for the quality, correctness or completeness of information provided by third parties which is designated explicitly as third party information. This also includes information originating from sales partners.
26. Winners alone are responsible for deducting any taxes or other duties in connection with receiving prizes. Receiving prizes in connection with the competition is subject to the statutory or official conditions applicable in each case
27. Prizes in kind will not be paid out in cash. Cash prizes are paid out in euros. VOLKSWAGEN may exchange or substitute prizes at its discretion. If any prize cannot be awarded due to reasons beyond VOLKSWAGEN's control, a substitute prize of the same value will be awarded.
28. These terms and conditions of entry, the conduct of the competition and implementing the terms and conditions of entry are governed by the law of the Federal Republic of Germany exclusively. Entrants agree to be bound by German law exclusively.
29. VOLKSWAGEN reserves the right to amend these terms and conditions of entry at any time without notice and/or suspend, defer or discontinue the competition without giving reasons or assuming liability at any time. VOLKSWAGEN may also exclude entrants from taking part at any time without assuming liability if they do not abide by the terms and conditions of entry.