Terms and Conditions of use for the contest Business Wall of Fame

Transcription

1 Terms and Conditions of use for the contest Business Wall of Fame PREAMBLE The companies as defined in Clause 1 arrange an international web contest called Business Wall of Fame contest (the Contest ), held according to these terms and conditions. In Greece the local contest shall be called «Business IT Excellence and it shall be held in accordance to the respective local terms and conditions. Each company is responsible for the conduct of the Contest in their respective country of origin. Deutsche Telekom AG (hereinafter referred as Coordinator ), Friedrich-Ebert-Allee 140, Bonn, Germany, registered with Bonn District Court HRB 6794) acts as an overall coordinator of the Contest. Subject of the Contest is to execute an international web Contest with focus on Internet of Things (IoT) solutions aimed at business customers operating in the countries of the each Organizer, the Coordinator and in accordance with these terms and conditions The contestants observing the conditions herein and taking part to the Contest as per the conditions herein shall be the DEVELOPERS and the VOTERS. By participating to the Contest, each Developer and each Voter is deemed to accept these TERMS AND CONDITIONS and undertakes to observe the rules of the Contest, as provided herein. I. ORGANIZERS OF THE CONTEST 1. Organizers of the Contest are the following companies (hereinafter referred as ORGANIZERS ): 1.1 SLOVAK TELEKOM, a. s., Bajkalská 28, Bratislava, Slovak Republic, identification number: , registered with District Court Bratislava I, section: Sa, record No: 2081/B for the Contest in Slovakia 1.2 T-MOBILE AUSTRIA GMBH, Rennweg 97-99, A-1030 Vienna, FB-Entry: industrial court Vienna, FN k, UID ATU , DVR , for the contest in Austria 1.3 HRVATSKI TELEKOM D.D., Roberta Frangeša Mihanovića 9, Zagreb, Croatia for the Contest in Croatia 1.4 MAGYAR TELEKOM, Krisztina krt. 55, 1013 Budapest, Hungary for the Contest for Hungary 1.5 TELEKOM DEUTSCHLAND GMBH, Landgrabenweg 151, Bonn, district court Bonn HRB 5919, company registered in Bonn, Ust- IdNr. DE , WEEE-Reg.-Nr. DE , for the contest in Germany 1.6 TELEKOM ROMANIA COMMUNICATIONS S.A., 3-5 Piaţa Presei Libere, City Gate Northern Tower, , Bucharest, Romania, for the Contest in Romania 1.7 MAKEDONSKI TELEKOM AD, "Kej 13 Noemvri" No. 6, 1000 Skopje, Republic of Macedonia, for the contest in Macedonia. 1.8 HELLENIC TELECOMMUNICATIONS ORGANIZATION S.A., 99 Kifisias Ave., , Maroussi Athens, for the contest in Greece. 2. The advertising agency MUW / SAATCHI & SAATCHI, spol. s r.o., Prešernova 4, Bratislava, Slovak Republic, supports the Organizer in the conduct of the Contest. II. CONTEST/AWARD CATEGORIES 1. The Contest will have one award category for Developers in each country: Best Business IoT solution in the country An IoT solution for this Contest has to be designed for business customers for one of the 8 countries, or for all countries (international solution). Developer with international solution needs to register only once, but will compete in all 8 markets at once. 2. The Contest will have one additional international award category for Developers registered in each country: Best International Business IoT Solution An IoT solution for this Contest has to be designed for business customers in all 8 countries.

2 3. The winning IoT solution of each category for the Developer will be selected by an Expert Jury (set up for this purpose by Organizer and Coordinator) from the TOP 15 IoT solutions with the most votes in the respective category. The Developers of TOP 15 IoT solutions will get an additional questionnaires and in case of need of further information calls between Expert Jury and Developer will be planned. Based on the questionnaires and the calls with the Developers, the Expert Jury will decide on winning solution. The Expert Jury is free to make its decision on the selection of any from TOP 15 IoT solutions in each category, and it does not need to justify its decision. 4. In addition, there will be an award category for the Voters, who filled out the registration form and will become supporters of IoT solution they voted for. 4.1 In Slovakia, Hungary, Austria, Greece, Germany, Macedonia and Romania the winner of the prize for the voter in each country will be selected by a Jury of Experts together with the Developer of the winning Best Business IoT Solution of each respective country based on an evaluation of the reason why the voter became a supporter of the IoT solution. A condition for winning is, that the voter is business responsible person of a business company with its headquarters in the same country, where he voted for the best IoT solution. 4.2 In Croatia the winner of the prize will be drawn from all Croatian voters who filled out the registration form. Also, the first 50 who vote and leave information about the company and are also the business responsible person, will get Office 365 Business Premium 6 months free trial. 5. The Contest will be held from April 20, 2015 until June 22, 2015, as follows: 5.1 Contestant period for IoT solution registration: April 20, 2015 May 25, 2015; 5.2 Evaluation period when voters evaluate the IoT solutions: May 11, 2015 June 22, 2015; 5.3 The winning Developers and the winning Voters shall be selected in the period June 23, 2015 July 7, III. CONTESTANTS 1. Developer 2. Voter 1.1 Developers of IoT solution may be business entities (entrepreneurs or legal entities companies), who develop their own IoT solutions for commercial purposes. Each Developer can take part in the contest with maximum five IoT solutions. 1.2 Developers must indicate in the registration form whether they register with IoT solution designed for customers in one of the 8 countries, or in all countries (international solution). 1.3 Developers, who re-sell IoT solution of another developer (resellers) are allowed to take part at the contest only with IoT solution designed for customers in one of the Contest country, where reseller is selling the IoT solution as a business and only if the developer does not take part itself. Resellers are not allowed to take part with international solutions. Reseller cannot participate without having the prior written approval from the developer and any and all licenses and permits from developers of the IoT Solution and/ or the owners of intellectual property or other similar rights vested in the IoT solution, as such licenses and permits may be necessary and be properly concluded under applicable law, in order to enable Resellers to participate lawfully in the Contest and commit to and comply with these Terms and Conditions at all times.. By registering an IoT solution as per this terms herein, the reseller warrants that it possesses such approval and has all necessary licenses and permits in place. Resellers and Developers that participate in the Contest may jointly be referred to as Developers, except where Resellers are specifically referred to. 1.4 To apply for the Contest the Developer has to fill out the registration form on one of the contest pages and has to register the IoT solution and to describe the benefits of the solution to persuade voters to vote for the solutions. Therefore the Developer can upload a video, pictures and a description of the solution (hereinafter referred as Content ). 1.5 Employees of Organizer and Coordinator or their respective affiliated companies are not allowed to take part in the Contest as Developer. Anyone can vote for the best IoT solution concept. The conditions for the winning of the prize for voters are described in Clause II. 4.

3 IV. IOT SOLUTION REQUIREMENTS 1. B2B solutions, which enabling companies to take advantage of the Internet of Things, can take part at the contest. Solutions should: - include components - software, machine-to-machine hardware and connectivity, - or should offer additional services build on top of connected hardware elements. 2. The IoT solution can be already available at the market, or has to be ready for sale, or at least in testing phase at the moment of signing up for the contest, with a launch date for sale latest on November 30, An IoT solution designed for customers in one country must run in the language of the local market, which has been chosen. Optional it could be designed in English. An IoT solution designed for all countries (international solution) has to run in English. Optional it could be designed in a local language. The international solution must have no restriction on the territorial use of the solution and must be able to be used by business customers worldwide. If it is requested by the Organizers the winning IoT solution has to be customized and translated in English or a local language. The Developer has to provide support in the local language if this is requested by the Organizers or Coordinator. 4 There will be an approval process directly after the application of the Developer by the Verification Juries. If the IoT solution doesn t fulfill the requirements defined in these terms and conditions the Verification Jury has the right to reject the application. V. LAWFULNESS OF THE IOT SOLUTION AND THE CONTENT 1. Developer guarantees the lawfulness of the IoT solution and the content. Lawfulness shall be determined by the laws of all jurisdictions in which use of the IoT solution and the content or a download of the same can normally be expected, including but not limited to the German law. 2. In particular, Developer will not offer, deliver, or provide access to an IoT solution or content, nor advertise for an IoT solution or content, which is illegal or in violation of accepted moral standards, nor may reference to such information be made. This shall include, in particular, information that incites hatred and / or violence against segments of the population, induces the commission of criminal offenses or glorifies or trivializes violence, is sexually offensive, is pornographic, is apt to seriously endanger the moral welfare of children or juveniles or to affect their general welfare, or that could damage the reputation of Organizer and Coordinator. VI. GUARANTEES AND INDEMNIFICATION 1. Developer guarantees to the Organizer and, Coordinator that Developer holds all rights in and title to the IoT solution /content which are required to grant Organizer and Coordinator the rights given to them according to this Terms & Conditions, in particular copyright licenses, trademark rights and rights to use databases or essential parts of databases, where applicable. Further, Developer guarantees that the IoT solution and the content does not violate any human rights or gives rise to claim based on intellectual property law, competition law, data protection law or any other legal claims. 2. If any claims are asserted against Organizer or Coordinator by third parties which assert alleged rights in the IoT solution or the content (in particular concerning alleged violations of the right to one s own image, moral rights, copyrights, derivative copyrights, database rights or any other property rights) or which otherwise claim illegality of the app or the content, Organizer(s) shall have the right to reject the respective IoT from the Contest and Developer shall fully indemnify and hold harmless Organizer(s) and Coordinator with regard to such claims of third parties, give Organizer and Coordinator the required support in its legal defence (to which Organizer and Coordinator are entitled, but not obliged to) and pay the required costs of the legal defence for Organizer and Coordinator. 3. Organizer reserves the right not to publish or delete individual content posted by the Developer if the content or the IoT solution is illegal or otherwise in breach with these Terms & Conditions. VII. RIGHTS OF USE The Developer shall grant Organizer and Coordinator for the duration of the Contest and for a period of 2 years after the Contest the nonexclusive, free of charge, worldwide, irrevocable, transferable and sub-licensable right to use the Content posted by the Developer in full or in part, without restriction in content and call-up volumes solely for the purposes of communication and promotion of the Contest and the communication of the winner and the winning IoT solution. The transferral of rights includes, in particular, the right to publish, reproduce, publicly disclose and/or disseminate via any media, transmission paths or devices (e.g., online media, mobile media, broadcasting, including television and radio, Internet television, printed material, etc.). The Developer authorizes Organizer and Coordinator to sublicense or transfer this right to third parties (e.g., broadcasting organizations, other operators of Internet services, marketing partners,

4 cooperation partners, publishing houses, etc.). In addition to usage on the contest web sites, usage on other portals operated by Organizer or Coordinator or by affiliates of Organizer and Coordinator and/or on social media platforms (e.g., Facebook, YouTube, etc.) and other portals operated by third parties (e.g., by marketing partners, broadcasting organizations, etc.) is also permitted. The right to use the content hereby granted also extends to use in all forms of reproduction, e.g., in marketing and information material, television commercials, etc.. The content may be altered in terms of content and/or structure and/or abridged and/or combined with other elements. The various versions of the content, edited in this manner, may be used in accordance with the rights of use granted herein above. In case of winning, Developer and Voter shall grant Organizer and Coordinator for the duration of the Contest and for a period of 2 years after the Contest the non-exclusive, free of charge, worldwide, irrevocable, transferable and sub-licensable right to use pictures of them and to communicate their name for the purposes of communication and promotion of the winner and the winning IoT solution. (i.e. publishing their names and photos in social media, homepage, etc). VIII. VOTING MECHANISM 1. A voter can give only one vote to his preferred IoT solution. He can choose one of the following type of voting: Classic sign in via name and in the respective internet site of the contest with double sign in; Facebook like button; LinkedIn share button; Twitter share button or Goolge+ share button. All voting buttons have the same voting validity, as well as same voting relevance. 2. In addition to the voting the Voter can fill out a registration form and become a supporter of his preferred IoT solution. He has to describe the reason for his choice and to explain how his preferred IoT solution can support his business. In this case the voter will be named on the Contest website as a supporter of the IoT solution (name of voter and name of the company). Voter can register as a supporter only for one IoT solution. In Croatia voters can participate in a prize competition and prize winning game as described in section IX It is prohibited to misuse the voting to unlawfully influence the Contest. In a case of misuse of the voting Organizer can exclude the Voter or the Developer from the Contest 4. Organizer reserves the right to reject the registration of voter out of the Contest if business activity areas of the company registered by the voter are violating business objectives, brand, goodwill, interests and goals of Organizer and Coordinator of the contest. IX. PRIZES FOR THE WINNERS 1. Prizes for the Developers The Developer shall win one of the prizes defined in clause 1.1., subject to an individual contract with the Organizer or Coordinator in the respective local market. Commercial, other conditions and time period will be negotiated in this individual contract. If the Developer and the Organizer can t agree on a contract, the Organizer has the right to offer the prize to another Developer, which also will be selected solely by the Expert Jury. Integration of the software component in Croatia has to be done according to standard Croatian Telecom API interface to be found at For the winner of Best Business IoT solution in country the individual contract shall be governed by the law of the corresponding local Organizer, in which the contestant registered his IoT solution for the contest. For the winner of Best International IoT solution the individual contract shall be governed by German law. 1.1 Best Business IoT solution in each country Best Business IoT solution in Slovakia: Be hero IoT solution of Slovak Telekom Marketing campaign to the value of EUR, become Slovak Telekom Partner and reach over business customers as result of Slovak Telekom directly addressing its customers. Best Business IoT solution in Hungary: Be hero IoT solution of Magyar Telekom Marketing campaign in local market to the value of HUF, become Magyar Telekom Partner and reach potentially over business customers as result of Magyar Telekom directly addressing its customers. Best Business IoT solution in Austria: Be hero IoT solution of T-Mobile Austria Marketing campaign in local market to the value of EUR, become T-Mobile Austria Partner and reach potentially over business customers as result of T-Mobile Austria directly addressing its customers.

5 Best Business IoT solution in Croatia: Be hero IoT solution of Hrvatski Telekom Marketing campaign to the value of kn, become Telekom Partner and reach over business customers as result of Hrvatski Telekom directly addressing its customers. Best Business IoT solution in Romania: Make your IoT solution a hero of one Telekom Romania Communications marketing campaign up to the value of EUR, premises to become a Telekom Romania Communication partner and to reach over business customers as result of Telekom Romania Communications addressing its customers. Best Business IoT solution in Germany: Be hero IoT solution of Telekom Germany Marketing campaign in local market to the value of EUR, become Telekom Germany Partner and reach potentially over 9,9 mil. business customers as result of Telekom Germany directly addressing its customers. Best Business IoT solution in Greece: Be hero IoT solution of OTE Group of Companies (Hellenic Telecommunications Organization S.A. or COSMOTE S.A) Marketing campaign in local market to the value of EUR and become OTE Group of Companies (Hellenic Telecommunications Organization S.A or COSMOTE S.A) Partner. Best Business IoT solution in Macedonia: Be hero IoT solution of Makedonski Telekom Marketing campaign in local market to the value of MKD, become Makedonski Telekom Partner and reach potentially over business customers as result of Telekom directly addressing its customers Best International Business IoT Solution Become Telekom International Partner opportunity of placement in Telekom Business Solution portfolio in any and/or all 8 countries and reach potentially over 10.7 million business customers in all 8 countries as result of Telekom directly addressing its customers. AND Win promotion as Telekom Partner on international industry fair in value of EUR. 2. Prizes for the Voters (Supporters of IoT Solutions) Slovakia Win Telekom marketing campaign to the value of EUR for your company! Online media web, Social Media adverts, direct , articles, banners and press ads in business publications Romania Win advertising exposure for the company employer of the winning voter up to the value of EUR! Online media web, Social Media adverts, direct mail, articles, banners and press ads in business publications. Hungary Win Telekom marketing campaign to the value of HUF for your company! Austria Win T-Mobile marketing campaign to the value of EUR for your company! Germany Win Telekom marketing campaign to the value of EUR for your company!

6 Greece Win Telekom marketing campaign to the value of EUR for your company, as per the respective Terms and Conditions («Business IT Excellence ). Macedonia Win Telekom marketing campaign to the value of MKD for your company! Croatia Win in prize competition and prize winning game: Prize competition : Office 365 Business Premium 6 months free trial for the first 50 who vote and leave information about the company and are also authorized representatives of that company. Prize winning game : 1 x HTC M9, 1 x HTC Desire 620, 2 x Samsung S5. Winners are drawn randomly from all registered voters. Prize competition and Prize winning game rules and requirements as described here: X. DELIVERING THE PRIZES 1. After the end of the Contest, June 22, 2015, Organizer(s) will contact TOP 15 solutions Developers and until July 07, 2015 the Organizer(s) and Coordinator will announce the winning IoT solution according to these Terms and Conditions, on the contest web site and will contact the Developer of the selected IoT solution. 2. In case the Organizer or Coordinator are not able to contact particular Developer/winner within 2 consecutive days after the end of the contest via call or , Organizer and Coordinator have the right to pass the prize to another Developer selected by the Expert Jury. 3. Prize can be recalled from the winner in case the winner cannot fulfill conditions of the Contest after the end of the Contest, e.g. is not able to provide functional sales version of his IoT solution after requirements of Organizer or Coordinator within 5 months after the end of the contest. In this case the prize will be passed to another Developer selected by the Expert Jury. XI. FINAL PROVISIONS 1. Prizes cannot be exchanged for their financial value. 2. Prizes in the contest are treated before taxation. Organizer and Coordinator don t take any responsibility for tax liabilities and duties of the winners. 3. Organizer and Coordinator reserve the right to unilaterally adapt the terms and duration of the contest, or even discontinue the contest at any time without prior notice, with no obligation to pay damages or other penalties to any participants to the Contest. Any such amendment shall be announced in the respective Contest web site.