Terms and Conditions for Participation in the Siemens Student Award



    Preamble


  1. The Siemens Student Award (the "Competition") is offered by Siemens AG Germany ("SIEMENS"), having its registered seat at Berlin and Munich, Germany.

  2. The subject of the Competition is to submit ideas ("Entries") on specific questions for solving the challenges arising out of the megatrends urbanization and sustainable development. Those Entries may help our planet face the challenges of the future. The exact questions are to be found at the web page to be accessed at www.studentaward-germany.com.

    Typically, a participant will participate by submitting an Entry to the Competition. One can, however, participate in the Competition in the form of commenting on and voting for Entries of other participants in order to help select the top 10 Entries. Participants who are active in commenting on Entries of others will not be eligible as winners but may be invited to witness the final Award Ceremony.

  3. The Competition is hosted on a server from the service provider HYVE Innovation Community GmbH ("Hyve") in Germany, having its registered seat at Munich, and is accessible via the following hyperlink: www.hyve.de/innovationcommunity .

  4. The Competition will consist of three phases. New Entries can be submitted and altered in the Submission Phase starting on the 15th of May 2012 and ending on the 16th 31th of July 2012. After termination of the Submission Phase no new Entries will be taken into consideration for the award of prizes. During the Discussion Phase, already uploaded Entries can be improved by the Participants who submitted the respective Entry. SIEMENS will compare the different versions and exclude Entries that have been changed completely. The 10 best Entries will enter Phase 3, which consists of an Award Ceremony in front of the jury. For further details to the timeline of the Competition please see www.studentaward-germany.com.


  5. Participation


  6. To be eligible to take part in the Competition, participants must furthermore

    a.     be age 18 or older (or, if according to the national laws applying to a participant, a higher age is required for full legal responsibility, this participant must be of at least such required age)
    and
    b.     be enrolled at a University recognized by the German Federal Ministry of Education and Research (BMBF)
    and
    c.     have no criminal record and be not named in any terrorist list or similar publications by the respective German, EU and US authorities on the date of participant's first participation in the Competition.

    Not eligible for participation are people who are professionally connected with the Competition.

    SIEMENS reserves the right to verify the eligibility of participants and check their identity.

    On request of SIEMENS, participants shall provide proof that they fulfill the above stated provisions for participation (e.g. by providing certificate of enrollment of the University, copy of passport, certificate of good conduct or similar) and information on their postal address.

  7. In order to take part in the Competition, participants are required to register at the following website www.studentaward-germany.com. To register participants are required to submit to SIEMENS via a registration webpage their full name and title, e-mail-address, country of residence, area of study, and current semester, choose a user name and a password and confirm that they have read and agreed to be bound by these Terms and Conditions. In order to be able to award prizes to the participants, SIEMENS needs to know the identity of such participant. Therefore, the announcement of a participant as a winner is subject to his or her provision of his or her full name, contact details and date of birth to SIEMENS via the registration webpage. SIEMENS will use the submitted personal information only with respect to this Competition or if the participant declared his consent to a further use of his data in the way described in the respective declaration of consent.

  8. A participant may end his or her participation in the Competition at any time by sending a brief email notification to Hyve at info@hyve.de. Termination of the participation shall not affect any rights or obligations incurred prior to the date of termination; this applies especially, without limitation, to the assignment or license of rights in accordance with Sections 19 to 22.

  9. No purchase of any product or service of SIEMENS or any third party is required for participation in the Competition.

  10. No participant is entitled to use the SIEMENS name or any SIEMENS trademark or service mark as a result of his or her participation in the Competition.


  11. Course of Competition


  12. Entry submission is supported by a user-friendly submission procedure. For further information with regard to the submission of Entries please www.studentaward-germany.com.

  13. SIEMENS will not accept and reserves the right to delete Entries and comments to Entries which:


  14. Entries may only be submitted by individuals. If the submitted Entry is a joint effort of several individuals, the submitting individual will represent the interests of all contributors to the Entry vis-à-vis SIEMENS. Any award shall in general be given to the submitting individual, in case the Entry is marked as a joint effort of several individuals the award may be divided equally between these individuals if possible by the nature of the award.

  15. SIEMENS shall not be required to keep the content of the Entries confidential nor shall SIEMENS be liable for the consequences of disclosure of such content.

  16. In case two identical or very similar Entries are submitted, SIEMENS will only accept the first Entry which is submitted in the Competition. Whether Entries are considered very similar lays in the sole discretion of SIEMENS.

  17. Entries which are incomplete, defaced or damaged will be deemed invalid and may be deleted by SIEMENS or by its service provider Hyve.

  18. Siemens reserves the right to exclude votes from the contest where there are grounds to suspect that such votes are specifically targeting to rank particular Entries very high while ranking similar Entries from another participant low or that the votes are created by a participant with multiple accounts.

  19. Participants agree to be bound by these Terms and Conditions when entering the Competition. Failure to comply with these Terms and Conditions will prevent a potential participant from participation. Participants furthermore agree to abide by SIEMENS’ decisions, which are final and binding. The details of evaluation of the Entries will not be published. The participants have no entitlement to individual feedback or any explanation concerning the expert team’s and the jury’s decisions. SIEMENS shall have no obligation to respond to any correspondence received from participants. With regard to jury's decision on the winner any recourse to courts of law is excluded.

  20. The winners of the Competition will be chosen in two steps as described below on the following criteria: How well does the Entry fit to the topic?, How pioneering is the idea?, How easily is the idea be implemented?; How creative is the idea presented?; How easily is the idea to be understood?.

    Out of all valid Entries received during the Submission Phase, an expert team will choose the top 10 Entries as follows: 7 Entries will be chosen directly out of all submitted Entries, the other 3 Entries will be chosen among the Entries ranked 1st to 50th based on the community votes by the expert team at its sole discretion on the criteria mentioned above.

    Participants who have submitted the top 10 Entries will be invited to take part in an Award Ceremony. In addition, the expert team will select the 3 participants deemed most valuable in commenting Entries submitted by others who will be invited to witness the Award Ceremony as part of the audience.

    The Award Ceremony will take place in Germany in September 2012. In the Award Ceremony 3 winners will be chosen by a jury at its sole discretion. The jury will be comprised of external experts and/or SIEMENS employees. SIEMENS will announce the jury two days prior to the Award Ceremony at www.studentaward-germany.com.

    The prizes are described on the webpage www.studentaward-germany.com and will be handed over to the 3 winners in the Award Ceremony or alternatively, transferred to a bank account within the EU named by the winner or sent to him or her by mail.

    Reasonable travel and accommodation expenses for invitees connected to appearing in the location of the Award Ceremony are borne by SIEMENS.


  21. Assignment / License


  22. Each participant hereby grants to SIEMENS a non-exclusive, irrevocable, world-wide, royalty-free, perpetual, sublicenseable, transferable and fully paid-up right and license to use or have used participant´s Entry in its original or in any modified form and in any known or currently unknown way. The scope of license includes all fields of use. To the extent the Entry contains software programs, the foregoing rights of use are granted for both object code and source code of the software. If requested by SIEMENS, participant will convert such non-exclusive license into an exclusive license under fair, reasonable and non-discriminatory conditions.

  23. The license shall also permit SIEMENS and its designees and sub-licensees to use portions of any Entry, to modify or have modified any Entry submitted and/or to incorporate into any Entry other materials, either created by SIEMENS, its designees or other participants in the Competition or licensed from third parties. Any such modified work is hereby approved by participant and such modification shall not require payment by SIEMENS of any compensation to the participant. The participant shall have no further rights with respect to such modified works.

  24. The participant acknowledges that SIEMENS and its designees may either themselves create or obtain Entries from other participants that may be similar or identical to the participant's Entry. The participant hereby waives any and all claims that he or she may have, now or in the future, as a result of the fact that Entries accepted, reviewed and/or used by SIEMENS and its designees are similar to his or her Entry. The participant expressly waives his or her right to authorship credit with respect to copyrightable materials contained in his or her Entry.

  25. Any rights / licenses granted by the participant to SIEMENS under Sections 19 to 21 may be granted further by SIEMENS to Siemens AG and/or its affiliates (Sec.15 ff German Stock Companies Act - Aktiengesetz) (together: "SIEMENS GROUP").


  26. Consent to Publication / Data Protection



  27. The participant consents to the use of his/her Entry by SIEMENS, Siemens AG and its affiliates for public relations purposes, including, but not limited to, advertising. The participant further accepts that all submitted Entries will be published in the World Wide Web and will be available to an infinite number of users. Participants waive any claims to royalty, right or remuneration for the use as described in this Article 22.

    Participants further agree to the publication of their names in media of the SIEMENS GROUP and external media, e.g. newspapers, TV, webpages, newsletters, magazines etc., if they are chosen as winners.

  28. Submissions and data of the participants will be processed and stored by the service provider Hyve at servers in Germany. The collection and storage of personal information for the purposes of the Competition will be conducted in accordance with all applicable data protection laws of the Federal Republic of Germany and the EU-Directive for Data Protection. Specifically, the data collected in the process of this Competition may be used to contact the participants and inform them whether they have won a prize.

  29. Please find further information about the privacy policy of the SIEMENS GROUP under http://www.siemens.com/privacy.


  30. Release


  31. The participant warrants and represents that his or her Entry contains only original ideas of the participant and that participant has the right to grant the licenses set out in Sections 19 to 22 above.

  32. The participant agrees to release and hold SIEMENS harmless from any and all losses, damages, claims, rights, liability and actions of any kind brought against SIEMENS in connection with the participant's Entry.


  33. Disclaimer


  34. SIEMENS is not responsible for Entries not received due to lost, failed, delayed or interrupted connections or miscommunications or other electronic malfunctions, or due to lost, late, mutilated, illegible, incomplete, insufficient postage or misdirected mailed Entries. SIEMENS is not responsible for incorrect or inaccurate Entry information, whether caused by any of the equipment or programming associated with or utilized in the Competition or by any human error which may occur in the processing of the Entries in this Competition.

  35. Most of the content posted on www.studentaward-germany.com is provided by third parties including participants. Such third-party content is the sole responsibility of the person creating that content. SIEMENS does not control, and is not responsible for this third-party content. SIEMENS does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any content on www.studentaward-germany.com regardless of who creates that content. The participant expressly understands and agrees that he or she bears all risks associated with using or relying on that content.

  36. The Competition website may contain links and references to the web pages of third parties. SIEMENS shall have no liability for the content of such web pages and does not make representations about or endorse such web pages or their contents as its own, as SIEMENS does not have control over the information or contents on such web pages. Neither shall SIEMENS be liable for the quality, correctness or completeness of any third party information expressly provided on the Competition web site as third party information, including any information supplied by any of the sales partners.


  37. Miscellaneous


  38. Any tax or other charges levied on the prizes shall be the sole responsibility of the relevant winner. Any prize granted in the course of the Contest shall be subject to any restrictions that may be imposed on the provision of such prize by the local law of the winner's country of residence.

  39. All monetary prizes will be paid in Euro. No prize substitution shall be granted except at the sole discretion of SIEMENS.

  40. The execution of the Competition and the interpretation and enforcement of these Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of Germany.

  41. Any conflict regarding the Competition or the Terms and Condition shall be subject to the exclusive jurisdiction of the Courts of Germany.

  42. SIEMENS reserves the right to modify these Terms and Conditions at any time without advanced warning or notice and/or to suspend, withdraw or cancel the Competition for any reason and at any time, acting reasonably, without incurring any liability. SIEMENS furthermore reserves the right to exclude a participant who does not abide to these Terms and Conditions at any time, without incurring any liability for such exclusion.