ARTICLE 1 – ORGANIZATION OF THE COMPETITION

The company BeMyApp SARL (“BeMyApp”), whose registered office is located 18 Boulevard Michelet, 13008 Marseille, France - company registration number B 523 824 258 (Marseille RCS) - is organizing on behalf of the company Linde Gas Asia Pte. Ltd and the company Siemens Pte.Ltd. a hackathon called “Linde & Siemens Connected Safety Challenge” (hereafter referred to as “Competition”) from January 18, 2019 to January 20, 2019.

Linde Gas Asia Pte Ltd, a Singapore company, whose registered office is located Linde Gas Asia Pte Ltd, 80 Pasir Panjang Rd #17-81/82, Mapletree Business City, Singapore 117372 company registration number 199708568R - hereafter referred to as “LINDE” and Siemens Pte Ltd. , a company incorporated in Singapore with Registration No: 199605166D, and having its registered office at The Siemens Center, 60 MacPherson Road, Singapore 348615 – hereinafter referred to as “SIEMENS”.

For the purpose of these Terms and Conditions, the term “Organizer” means Siemens, BeMyApp and Linde severally and the term “Organizers” means Siemens, BeMyApp and Linde collectively.

ARTICLE 2 – OBJECTIVE OF THE COMPETITION

The aim of the competition is to develop, in teams and over a limited period of time, an innovative solution around the following topic: safety

Name: Linde & Siemens Connected Safety Challenge (the “Competition”)

Website: http://connectedsafetychallenge.bemyapp.com (the “Competition Website”)

Platform: https://platform-connectedsafety.bemyapp.com (the “Ideation Platform“)

ARTICLE 3 – PARTICIPATION PROCESS

Requirements:

The Competition is open to all individuals (i) who are 18 years of age, (ii) who hold a bank account in their country of tax residence, (iii) who have IT skills, technical skills, design skills, or engineering skills and (iv) who have their own computer hardware in working order throughout the duration of the Competition (hereafter referred to as “Participant or Participants”). The Competition is free and without any purchase obligation required on the part the Participant.

Employees of Linde Gas Asia Pte. Ltd., Siemens Pte. Ltd. and BeMyApp and/or their affiliates, and members of their families, as well as anyone who has directly or indirectly contributed to the conception, organization or realization of the Competition, are ineligible to take part in the Competition.

Procedure:

The registration for the Competition is open from December 5, 2018 from 5.00 pm (SGT) until January 10, 2019 5.00pm. The Competition will take place from January 18, 2019 until January 20, 2019 until 8.00pm (SGT).

Only individuals are permitted to register for the Competition, and only one registration per person is allowed during the entire duration of the Competition.

The Participant agrees to be bound by these Terms and Conditions when entering the Competition. Failure to agree to be bound by these Terms and Conditions will prevent a Participant from participating. Non-compliance with these Terms and Conditions shall result in the disqualification of the Participant. The Participant furthermore agrees to abide by the Organizers’ decisions, which are final and binding. The details of the evaluation of the Competition will not be published. The Organizers are not obliged to respond to any correspondence received from the Participant.

Phase 1: Registration process

• Date: Between December 5, 2018 from 5.00 pm (SGT) until January 10, 2019 5.00 pm.

• Object: Every person wishing to participate and who fulfils the above Requirements can register online on the dedicated website for the Competition accessible at the following address: Eventbrite link. Registrations will be limited to 110. Registrants must provide the following information: last name, first name, date of birth, address, phone number, email and their profile for the purpose of the Competition, as suggested on the website, and to confirm that they have read and agree to be bound by these Terms and Conditions. This information is required for the completion of their application.  

Each candidate guarantees that the information entered during his/her application to the Competition is complete and accurate. Any false, incorrect or incomplete information will automatically result in the application being rejected.

The Organizer reserves the right to reject an application at any time if the profile of the Participant does not comply with the Competition standards.

Phase 2.1: “Ideation” Online platform

• Date: On December 19, 2018  

• Platform website address: https://platform-connectedsafety.bemyapp.com/

• Object: On the “Ideation” platform, each Participant will exchange with mentors and other Participants their questions and ideas in order to mature them before the Competition.

Phase 2.2: Workshop

• Date: On January 14, 2019   

• Place: Linde Pasir Gudang, Malaysia

• Object: Participants will be invited to the workshop “Visit to Linde Worksite” where they will be trained on January 14, 2019

Phase 3: Beginning of the Competition

• Date: On January 18 at 6.00 pm

• Place: The Hive, Singapore

• Object: Participants will meet and form teams of three (3) to five (5) Participants to focus around a single project of developing a prototype (hereafter referred to as “Teams”). Teams will register their projects on the ideation platform
platform-connectedsafety.bemyapp.com by creating a project page including the complete list of team members of the project. This page will attest of the full list of members who will be taken into account for the project submission and prize delivery, in case the team wins a prize. This page must be completed by the teams by January 18 at 9.00 pm. A Participant cannot be a part of more than one Team and cannot be registered onto several project pages. Teams will have until January 20, 2019, at 3.00 pm to develop their prototype.

Phase 4: Start of work on the projects

• Date: From January 19, 2019 at 5.00 pm until January 20 at 3.00pm

• Place: On the Ideation platform (online), and at the Hive Carpenter Singapore

• Object: One mission: creating a solution around safety. During the Competition, meals will be available to Participants for breakfast, lunch and dinner.


Phase 5: Evaluation and presentation of the prototype

• Date: On January 20, 2019 at 4.00 pm

• Place: The Hive Carpenter Singapore

• Object: From 4.00 pm, each Team will present its prototype to the jury for a duration which will be determined according to the number of developed prototypes and which will not exceed 7 minutes, including 5 minutes of demo and 2 minutes of questions/answers with the jury.

Phase 6: Jury’s selection and Competition results

• Date: On January 20, 2019 near 6.30 pm

• Place: The Hive Carpenter Singapore

• Object: Jury’s deliberation and the announcement of winners and prizes

ARTICLE 4 – DETERMINATION OF WINNERS

The three winning Teams will be determined by a jury of 5 to 8 members representing Linde Gas Asia Pte. Ltd and Siemens Pte. Ltd. The composition of the jury will be communicated to the Participants at the latest on January 20, 2019. The jury will designate the winners on January 20, 2019 near 6:30 pm SGT.

The winners will be selected from among the Participants who actually:

• Satisfy the conditions for participation as set forth in the present rules

• Participated in the Competition session

• Were present during the submission of their prototype on January 20, 2019, or – if need be – were excused by the other members of their Team.

The jury will select the winning Teams based on the following criteria:

• Innovation + Creativity (25%)

• Feasibility (25%)

• UI/UX interface/Aesthetics (25%)

• Live Demo presentation skill (25%)


Jury decisions are final and cannot be challenged. The Organizers may disqualify the prototypes which:

• contain inappropriate or unlawful content or research proposals which do not comply with export control restrictions;

• create a potential risk of infringing intellectual property rights or misappropriation of trade secrets or confidential information of third parties; or

• contain viruses, worms, corrupted files, cracks or other materials that are intended to or may damage or render inoperable software, hardware or security measures of the Organizers and/or any other third party.

The Organizers shall not be obligated to fulfil any obligation or perform any act with regard to the Competition if such fulfilment or performance is prevented by any impediments arising out of national or international foreign trade or customs requirements or any embargoes or other sanctions.

The Participant shall comply with all applicable export control, customs and foreign trade regulations (“Foreign Trade Regulations”) and shall obtain all necessary export licenses, unless the Organizers or any party other than the Participant is required to apply for the export licenses pursuant to the applicable Foreign Trade Regulations.

The Participant shall advise the Organizers in writing as early as possible, but no later than two weeks after the submission of any prototype, of any information and data that the Organizers may require to comply with all Foreign Trade Regulations.

Entries which are incomplete, defaced or damaged will be deemed invalid.

ARTICLE 5 – PRIZES AWARDED

The Competition is endowed with three prizes:

1st prize: the sum of 10,000 SGD(divided equally between each member of the winning team).

2nd prize: the sum of 6,000 SGD(divided equally between each member of the winning team).

3rd prize: the sum of 4,000 SGD(divided equally between each member of the winning team).

The gained prizes are neither exchangeable nor refundable against their cash value. The organizers reserve the right, if circumstances so require, to replace the prizes with others of equivalent value, without liability being incurred thereby.

An incubation program might be offered to the winning Teams to further develop the prototype. If an incubation program is offered by Linde Gas Asia Pte. Ltd. or Siemens Pte. Ltd, the terms of this agreement will be settled amongst the teams and the Organizer after the Competition has concluded.

ARTICLE 6 – PRIZE ALLOCATION

Prizes will be sent by Linde Gas Asia Pte. Ltd. or Siemens Pte. Ltd to the winners within a maximum of 12 (twelve) weeks, to the bank account details indicated by the winners via bank transfers.

If the bank account details of a winner are unusable (illegible, incomplete or erroneous), the latter will lose the profit of its prize.

In addition, the Organizer shall not be liable for any loss or damage arising from an error in routing the prize, the loss of the prize during shipment, or its inability to contact the winners.

No mail will be sent to the Participants who did not win.

ARTICLE 7 – COMPENSATION

The Organizers shall not bear any travel or accommodation expenses (including travel or accommodation) for the Participants. Meals will be provided on-site at the Competition.

The Participant shall bear his/her own travel, lodging and material costs etc incurred in connection with participating in the Competition and waives all of his/her claims regarding compensation against the Organizer due to his/her participation to the Competition (including all costs and expenses incurred from his/her participation such as transport, accommodation, etc.).

ARTICLE 8 – MODIFICATION, INTERRUPTION AND TERMINATION OF THE COMPETITION

The Organizer reserves the right to shorten, extend, modify or terminate the Competition, or a part of the Competition, as a result of a force majeure event without incurring liability as a result thereof. A ‘force majeure event’ means any event, condition or circumstances beyond the reasonable control of the Organizer which impedes the Organizer’s performance of any obligation under these Terms and Conditions including but not limited to, natural disasters, accidents, acts of terrorism, revolution, riot, insurrection, pandemics, public health emergencies and government directive.

In such case, the Organizer will provide notice thereof to the Participants by any means of its choice (including e-mail and/or publication on the Website), and, if the need arises, will communicate to the Participants the new rules applicable or the new ending date of the Competition, as the case may be. Each Participant may notify the Organizer by e-mail that he/she refuses the new conditions of the Rules, in which case he/she will be excluded from participating, which he/she expressly accepts. If no refusal is communicated to the Organizer within 72 hours of the Organizer’s notice, the new conditions of the Rules will be deemed to have been accepted by the Participants.

In case of a modification to the Rules, cancellation or interruption of the Competition, or a reduction or an extension of its length (“Change”), the Participant agrees to waive all liability whatsoever arising from such Change and the Participant will not be entitled to any compensation.

ARTICLE 9 – FRAUD

The Organizer may cancel all or part of participation in the Competition if it appears that fraud has occurred in any form whatsoever, in particular, computer fraud, during the Competition. The Organizer reserves, in this case, the right not to award prizes to fraudsters, to disqualify the concerned prototype project and/or to bring actions against the authors of these frauds. The Organizer shall not incur any responsibility towards the Participants because of the committed frauds.

Furthermore, the Organizer cannot be liable in case of damage, whether material or immaterial, caused during the Competition and thereafter, to the Participants, to their computing equipment, or to the data, including consequences which may ensue from it on their personal, professional or commercial activity.

ARTICLE 10 – EXPLOITATION RIGHTS AND INTELLECTUAL PROPERTY

The Participant represents and warrants that they have permission to use such proprietary data and that it does not infringe on the intellectual property or proprietary rights of any third party, including, without limitation, any third party, patents, copyrights, or trademarks and where necessary, the Participant has obtained the authorization of any third party. Any third-party elements included in the prototype, including open source software, must be clearly identified with their version, the terms of the applicable license and any other details regarding their use. The Participant understands that this information is taken into account in the assessment for the allocation of a prize.

All intellectual property rights to the prototypes developed during the Competition shall belong to the Participant. Notwithstanding the above, by participating in the Competition, every Participant hereby grants the Organizers a non-exclusive, irrevocable, worldwide, royalty-free, fully paid up, sub-licensable, transferable right to use their prototypes (including any inventions, intellectual property rights, applications for intellectual property rights, software and other copyrighted items and know-how) for any purpose, in their original or modified form, and in any known or unknown way of use. This license grant is not restricted to any particular scope. To the extent that prototypes consist of software, the aforementioned right of use extends to the source code and to the object code of the software. In particular, the Participant expressly authorizes the Organizers, to publish, communicate, exhibit and disclose orally, graphically or in writing, projects and prototypes presented during the Competition, without charge. Each Participant agrees to be mediatized (portfolio, website, etc.) and authorizes the Organizers, to present all the works realized on all the communication media used in support of this Competition as well as to mention the names and publish images of the Participants, without charge.

The Organizers and its sub-licensees furthermore have the right to use excerpts of the prototypes, to modify or have modified prototypes and to combine a prototype with further contributions and ideas without paying any compensation to the Participants. Each Participant hereby expressly waives his/her right to be mentioned as copyright owner with regard to copyrighted items containing all or part of their prototypes.

Under this regulation, the Participant shall not acquire any full or partial right of any kind on the name and trademark Linde or Siemens or BeMyApp nor on any names and/or brands associated with Linde Gas Asia Pte. Ltd. and Siemens Pte.Ltd., whether alone, in association with or as part of another word or name, or any rights on trademarks, names or logos of Linde Gas Asia Pte.Ltd. or Siemens Pte.Ltd., or any of its associated or related companies.

During the Competition, in the Organizers’ sole discretion, the Organizers may make available without charge to all or certain Participants certain elements of the Organizers’ knowledge and/or intellectual property rights and/or copyrighted items. Only in such event, such knowledge elements, intellectual property rights and/or copyrighted items (as the case may be) may be used by such Participants free of charge and on a non-exclusive and non-transferable basis, solely for the preparation of their prototypes and for the duration of the Competition. The Organizers shall have no obligation to provide any of the Organizers’ knowledge, intellectual property rights and/or copyrighted items, and it may terminate any right of use granted to the Participants in this respect at any time without cause.

Any items provided by the Organizers to the Participants under this section are provided “as-is” without warranty of any kind whatsoever. The Organizers do not claim that any items provided under this section are correct and error-free or that such items can be used without infringing statutory and other rights of third parties.

ARTICLE 11 – IMAGE RIGHTS

The Participants may be filmed or photographed during the event. By joining the Competition, the Participants agree to the use and the distribution of their image by the Organizers, including for promotional events occurring after the Competition. The production and distribution of films and photographs of the event will not lead to any compensation of the Participants.

ARTICLE 12 - CONFIDENTIALITY

The Participant acknowledges the confidentiality of all information and documents which have been shared with him/her throughout the Competition (“Confidential Information”).

“Confidential Information” shall mean any information and data, including, but not limited to, any kind of business, commercial or technical information and data (a) disclosed by a Participant (for the sake of clarification only, including that Participant’s own prototype, where applicable) or (b) otherwise disclosed to the Organizers in connection with the Competition, or (c) disclosed by the Organizers to any Participant from the successful completion of such Participant’s registration, each irrespective of the medium in which such information or data is embedded. Confidential Information shall include any copies or abstracts made thereof as well as any apparatus, modules, samples, prototypes or parts thereof.

During the whole duration of the Competition, the Participant will not directly or indirectly use or share any Confidential Information with any third party, unless he/she has obtained a written authorization to do so, delivered by the Organizer beforehand. This applies to information shared with him/her by the Organizer or shared with him/her indirectly upon the execution of this contract.

The Participant commits to delivering any document containing Confidential Information or shared with the Participant upon the execution of this contract, on the Organizer’s simple request. This confidentiality agreement is valid for 24 months from the start of the Second Phase mentioned in this contract.

Except where prohibited, by participating in the Competition, the Participant understands that the Competition may be photographed, videotaped, recorded, etc. and hereby grants the Organizers the right to use or refrain from using the Participant’s name and/or likeness any and all footage about the Participant’s participation in the Competition and the Participant’s Competition submission in any manner or media that the Organizers see fit without the Participant’s review or approval and without compensation. By participating in the Competition, the Participant agrees that their personal data provided as part of the Competition may be used for the purposes of the Competition.

ARTICLE 13 – PROTECTION OF PERSONAL DATA

The Organizers will collect, use and disclose the submitted personal information, in accordance with applicable data privacy rules, only in connection with this Competition and will not disclose such personal information to third parties. In particular, the collection and processing of personal data relating to the Participant by the Organizer is primarily intended to ensure that the Competition will be properly completed and in particular to allow the Organizer to contact the winner and to award them the prizes in an efficient way and, if the case arises, to publish the list of the winners. The Participant may also select an option allowing the Organizers to contact them regarding further events hosted by the Organizers and regarding career opportunities after the contest.

Personal Data you submit when you participate in the Competition will be treated in accordance with our Privacy Policy http://privacy.bemyapp.com/ and applicable data protection laws.

The Participant has the right to access, update and/or require deletion of his/her personal data by requesting directly to BeMyApp at the address 86 rue de Charonne, 75011 Paris or by going to data.bemyapp.com.


ARTICLE 14 - RESPONSIBILITY

The Organizers shall not be made responsible if the Participant cannot connect to the hackathon website due to a technical fault or in the event of any problem linked namely and not exclusively to (1) network overload; (2) an electric or human error (3) any malicious intervention ; (4) an issue related to a phone line; (5) an issue related to hardware or software; (6) a hardware or software malfunction ; (7) a case of emergency; (8) disruptions that may affect the smooth running of the Competition.

The Organizers shall not be responsible for (i) late, lost, damaged, incomplete, or misdirected prototypes, responses, or other correspondence, whether by email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of the prototypes; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. The Organizers are not responsible for incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilised in the Competition or by any human error which may occur in the processing of the entries in this Competition.

The hackathon website may contain links and references to the web pages of third parties. The Organizers 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 the Organizers do not have control over the information or contents on such web pages. The Organizers shall not be liable for the quality, correctness or completeness of any third party information expressly provided on the hackathon website or on-site as third-party information, including any information supplied by any of the event partners.

It is the Participant’s responsibility to take the appropriate measures to protect his/her own data and/or software located on his/her computer equipment, against any violation. The Participant’s connection to the event websites and their participation in the Competition is made under their own sole responsibility. The Organizers shall not be held responsible for any infection by potential viruses on the Participant’s computer equipment, or of the intrusion of a third party on their system.

The Organizers reserve the right to exclude any Participant or person disrupting the Competition’s smooth running. They reserve the right to use any recourse, including commencing legal proceedings and/or making a report to the relevant authorities against anyone suspected of cheating, falsifying, or disrupting the process described in the Terms and Conditions, or suspected of trying to accomplish such actions. Any Participant deemed by the Organizers to have disrupted the Competition in any of the ways stated above will be deprived of the right to obtain any prize.

The Participant remains solely and entirely responsible for the damages caused by them or their equipment to goods or such persons during the competition and agrees to fully indemnify the Organizers and waive any right to claim against the Organizers in that respect.

Under no circumstances will the Organizers and its event partners be liable to the Participant for any direct, incidental, indirect, special or consequential damages in connection with, arising out of or relating in any way to the Competition and/or this contract, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise. The Participant shall indemnify and hold the Organizers and its officers, directors, employees, successors and assigns harmless against any claims, losses, damages, liabilities and expenses (including reasonable attorneys’ and other professionals’ fees) incurred by the Organizers in connection with, arising out of or relating in any way to the Competition and/or this contract.

ARTICLE 15 – APPLICATION OF THE TERMS AND CONDITIONS

This document is accessible on the event website connectedsafety.bemyapp.com during the full duration of the Competition. 

Participation in the Competition implies full acceptance without reservation of the present regulation. Participation in the Competition is strictly personal and the Participant cannot, under any circumstances, be replaced. Any claim relating to the Competition will be barred after the period of three (3) months from the deadline for participation stipulated in Article 1.

These Terms and Conditions shall be governed by and construed in accordance with Singapore law. 

Any dispute arising out of or in relation to the Terms and Conditions shall be amicably resolved. 

In case of failure to reach an amicable settlement, the parties submit to the exclusive jurisdiction of the Singapore courts to decide and settle any claim, dispute or matters (whether contractual or non-contractual) arising out of or in connection with the Terms and Conditions. 

If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. The Organizer’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any portion or right.  

The Terms are for the benefit of the Organizers and their affiliated companies and their respective directors, officers, employees, suppliers, licensors, and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against the Participant on its own behalf. Save as aforesaid, any person who is not a party to these Terms and Conditions may not enforce any provisions of these Terms and Conditions under The Contracts (Rights of Third Parties) Act 2001 and notwithstanding any provision in these Terms and Conditions, the consent of the third party is not required for any variation to the Terms.      

If you have any questions, reach out to Su at

su@bemyapp.com

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