Terms and Conditions for Jaguar Land Rover Developer Challenge 2017

These terms and conditions apply to the Jaguar Land Rover Developer Challenge 2017 ("Event") hosted by and on behalf of Jaguar Land Rover Slovakia s.r.o., a company established under the laws of the Slovak Republic, with its registered office at Vysoká 2B, 811 06 Bratislava, Slovak Republic, ID No.: 48 302 392, registered in the Commercial Register maintained by the District Court Bratislava I, Section Sro, Insert 106220/B ("Jaguar Land Rover"). The purpose of the Event is to encourage and reward participating individuals ("Participant") to create innovative and original uses of transport sector data with potential to improve the Jaguar Land Rover employee and customer experience and enable mobility.

It is a condition of participation that these terms and conditions are accepted by the Participant prior to the Event. Upon acceptance these terms and conditions form a binding legal agreement between Jaguar Land Rover and the Participant. Please read them carefully.

Your attention is drawn in particular to the rights and responsibilities arising from the participation in the Event.

  1. Subject-matter of the Event
    1. The Event will consist of 2 categories:
      1. Solution for car-sharing – development of a mobile application which will, by various alternative and entertaining means, motivate others to use car-sharing for travels to work, will also find a solution to the technical needs for the organisation of car-sharing and will thus represent an alternative to the other forms of travels to work.
      2. Solution for Inter/Multi-modal transport – review and propose the "multi-modal mobility as a service" platform which would integrate various forms of passenger transportation in the Nitra region, as a uniform solution and being of uniform design, while taking account of various individual needs of users and efficiency of the entire transportation.
    2. The subject-matter of the Event is specified in more detail at the following website: www.jlrdevchallenge.com.
    3. The Event is not regarded as a gambling game within the meaning of Section 3 (5) of Act No. 171/2005 Z.z., on gambling games and on the alterations of and amendments to some other acts. The Event is, within the meaning of Section 845 (1) of Act No. 40/1964 Zb., the Civil Code, as amended (the "Civil Code") regarded as a game organised by Jaguar Land Rover subject to the terms and rules expressed in these terms and conditions.
  2. Duration of the Event
    1. The Event will take place in the period between 8 September and 30 September 2017 (the "Term").
    2. More detailed terms regarding the time line of the Event are specified at the following website: www.jlrdevchallenge.com.
  3. Participants
    1. Individuals being at least 18 years old may participate in the Event.
    2. Participation in the Event is by registration only.
    3. Each Participant will participate in the Event in a group of 3 to 6 individuals. A group of Participants may be created either upon registration or later during the Term. Anyone participating in the Event individually will be excluded.
    4. It is the task of the Participant during the Event, to actively cooperate within the selected working group in order to find a solution to the task assigned in the respective category.
    5. Participants must provide information in advance of the Event as reasonably requested by Jaguar Land Rover.
    6. Individuals are not eligible to participate in the Event if they:
      1. are employees of Jaguar Land Rover, its affiliates, or any organisation contracted by Jaguar Land Rover to organise and/or promote the Event;
      2. are close persons within the meaning of Section 116 of the Civil Code in respect of any of the Event judges;
      3. employ any of the Event judges or they are employed by any of the Event judges;
      4. do not have the right to work in the EU.
    7. The Participant confirms that he/she does not have a conflict of interest in taking part in the Event.
    8. The Participant is responsible at all times for his/her own conduct, acts and omissions.
    9. The number of Participants (individuals) is limited to 150.
  4. Rules for Entries and Jaguar Land Rover’s right to use Entries
    1. The Participant will develop a proof of concept during the Event to be presented and submitted for judging at the Event ("Entry"). There are no restrictions on what form the proof of concept can take (e.g. an app, storyboard etc).
    2. Entries must be presented and submitted in English language - dual language is permissable.
    3. If the Entry is an app it must be for the Apple iOS and/or Google Android operating system.
    4. The Entry must be the Participant’s original work. However, the Entry may use publicly available APIs and data.
    5. Ownership of intellectual property rights in the Entry will remain with the Participant. You are free to use your Entry (and any creative ideas, concepts, materials and works it embodies) in any way you wish after the Event.
    6. By participating in the Event, the Participant agrees to enter into a licence agreement with Jaguar Land Rover in case that the Participant wins; the subject-matter of such a licence agreement will be to:
      1. grant an exclusive, sub-licensable, unlimited (as to the territory and scope) licence throughout the entire term of protection granted to proprietary rights in respect of the computer program, any relating parts and items;
      2. transfer to Jaguar Land Rover the ownership title in respect of the source code, machine code, any other parts of computer programs including any documentation and other materials used for the creation of the same, in particular (however without limitation) project and architectonic documentation, detailed technical product specification, business analysis, testing and user scenarios and all outcomes resulting from the same;
      3. grant the right to further amend, adapt, alter, update and improve any computer program and any parts of the same without the consent of the original author or other holders of proprietary rights, including the possibility to have such activities performed by any third party on the basis of an authorisation granted by Jaguar Land Rover;
      4. any reasonable copyright fee or any other related or presumed remuneration of all original or secondary holders of rights relating to the given computer program paid for the acquisition of such rights by Jaguar Land Rover is already included in the total prize.
    7. Jaguar Land Rover wishes to have right of first refusal to opt to work with Participants to further develop their Entries. For six (6) months following the Event, Jaguar Land Rover requests that the Participant contacts Jaguar Land Rover at devchall@jaguarlandrover.com before communicating with anyone else about using, further developing or commercially exploiting the Entry and any creative ideas, concepts, materials and works it embodies. Jaguar Land Rover will confirm its decision promptly.
    8. By submitting the Entry, the Participant confirms that he/she is not aware of any intellectual property rights in or associated with the Entry that are owned by third parties or may prevent Jaguar Land Rover from commercial exploitation of the Entry. The Participant shall be solely responsible for having in place all necessary rights, licences and permissions relating to his/her Entry (including for its use by and on behalf of Jaguar Land Rover in connection with the Event and as provided in these terms and conditions).
  5. Judging and awards
    1. The panel of judges is selected by Jaguar Land Rover and is displayed at www.jlrdevchallenge.com. The panel of judges may change in the event of unforeseen circumstances.
    2. The evaluation of the Event will be announced immediately after the termination of the respective category and the results will be announced separately for each category at the Nitra Agrokomplex centre.
    3. The following criteria will be used to judge Entries:
      1. value creation and scalability - 30%;
      2. user experience - 20%;
      3. feasibility and market potential - 20%;
      4. creativity and originality - 20%;
      5. presentation quality - 10%.
      However, all decisions related to judging of Entries are at the sole discretion of Jaguar Land Rover and are final and binding.
    4. The Participant(s) whose Entry is judged in first place will receive €2,500 prize money together with a variety of Jaguar Land Rover merchandise selected by Jaguar Land Rover.
    5. 2 prize funds will be allocated according to the 2 event categories of the Developer Challenge - totalling 5,000 EUR (i.e. EUR 2,500 each).
    6. Jaguar Land Rover reserves the right, in its sole discretion, to award additional prizes or to vary such further prizes, however the amounts of prize money specified above will not be reduced. Non-monetary prizes may be subject to separate terms and conditions.
    7. Jaguar Land Rover will award the prize money in the form of a cheque which is no security but is only intended to be used for the purposes of a demonstrative acceptance of the prize money awarded to members of the prize-winning working group. The prize money acceptance will be confirmed by the Event winner, by signing a written Record regarding the prize money acceptance. If, due to objectively being unable to award the prize money to the Event winner (e.g. if the Event winner refuses to accept the prize) the prize money is not accepted by the Event winner, the prize will forfeit in favour of the other members of the prize-winning working group in the respective category and will be distributed evenly.
    8. For the prize awarding purposes, the Event winner will be obliged to provide Jaguar Land Rover with any assistance requested.
    9. Payment of any prize money awarded will be made to the Participant by arrangement following completion of the Event to the bank details as advised by the Participant (or if the winning Entry is submitted by more than one Participant, by arrangement with the winning teams’ leader/representative). Jaguar Land Rover has no responsibility for how that prize money is subsequently used by the Participant. If the winning Entry is submitted by a group of Participants, Jaguar Land Rover has no responsibility for how prize money or other prizes are distributed between them nor for any disagreements between them.
    10. Jaguar Land Rover will not be liable for any taxes arising from the prize money pursuant to the applicable Act No. 595/2003 Z.z., on income taxes, as amended.
  6. Use of information and publicity
    1. In this clause "Confidential Information" means secret or confidential commercial, financial, marketing, technical or other information (including, without limitation, information in or relating to vehicle model programmes, product plans, business plans, marketing plans, research and development projects or finances), know-how, trade secrets and other information in any form or medium whether disclosed orally or in writing, together with any reproductions of such information in any form or medium or any part(s) of this information.
    2. The Participant acknowledges that it may receive or have access to Confidential Information of Jaguar Land Rover, its affiliates, agents and/or suppliers in connection with the Event. All Confidential Information shall be kept strictly confidential by the Participant, regardless of whether such information is marked as "confidential". The Participant agrees that it shall use at least the same degree of diligence to protect the Confidential Information as it uses to protect his/her own confidential and sensitive information (being no less than a reasonable level of diligence). The Participant will not disclose any Confidential Information to anyone. The Participant agrees that it will not use the Confidential Information for any purpose other than participating in the Event.
    3. The above obligations of confidentiality shall not apply to Confidential Information to the extent that: (i) the Confidential Information is, or becomes (other than through a breach of these terms and conditions or other confidentiality obligations in place) generally known to the public; or (ii) the Confidential Information is proven by documentary evidence to have been developed independently by the Participant without reference to Jaguar Land Rover's or its affiliates' Confidential Information; or (iii) the Confidential Information was rightfully received in good faith by the Participant without obligation of confidentiality from a third party; or (iv) disclosure is required by law, provided that (where reasonably practicable to do so) the disclosing party gives the non-disclosing party prompt written notice of the request for disclosure, cooperates with the non-disclosing party in obtaining protective order or other remedy, and discloses only that portion of the Confidential Information which it is legally compelled to disclose.
    4. In case of a breach of the duty of confidentiality, the Participant will be liable for any damage caused to Jaguar Land Rover within the meaning of applicable legal regulations.
    5. The Participant will not refer to Jaguar Land Rover or the Event in any publicity or promotional activity, such as press releases, without the prior written approval of the Jaguar Land Rover PR department. However, the Participant is permitted to use the Twitter hashtag established by Jaguar Land Rover in respect of the Event.
  7. Personal Data Protection
    1. By completing the registration form, the Participant hereby grants his/her consent to Jaguar Land Rover, as data controller, to process the following data within the scope of: name, surname, residence, date of birth, phone number, email address, bank account number; the Participant agrees that Jaguar Land Rover or its data processors are authorised, within the scope and subject to the terms and conditions agreed with Jaguar Land Rover, to collect, process (within the meaning of the Data Protection Act) and use such data in accordance with the laws of the Slovak Republic and while using automated, partially automated or other than automated processing means.
    2. By completing the registration form, the Participant hereby grants his/her consent to Jaguar Land Rover with providing personal date to company ADMA media, s.r.o., seated at Agátova 7, 040 14 Košice, Id. No: 47 436 891, registered by the Commercial Register of the District Court Košice I, Section: Sro, File No.: 33473/V and to company Jaguar Land Rover Limited, a company registered in England and Wales (company number 1672070) and with its registered office at Abbey Road, Whitley, Coventry, CV3 4LF, United Kingdom.
    3. Jaguar Land Rover may process the Participant’s personal data to initiate contact with the Participant, for the purposes of registering in the Event and evaluating the same, to disclose names and surnames of winners, all this for a period of one (1) year following the termination of the Event.
    4. The provision and confirmation of personal data is voluntary; however, a failure to provide and confirm the requested personal data will be regarded as the winner’s failure to provide assistance necessary in order to award the prize and will result in the cessation of the entitlement to the prize; thus, the prize will forfeit in favour of the other members of the prize-winning working group and the prize money will be distributed evenly.
    5. The Participant enjoys rights pursuant to Section 28 of Act No. 122/2013 Z.z., on the protection of personal data, as amended, in particular (however without limitation) the right to be informed of the processing status of the Participant’s personal data that is subject to processing, the right to correct inaccurate or outdated personal data while such data is being processed, the right to dispose of personal data provided that the purpose of processing has been accomplished, the right to object, on the basis of a free written request, to the use of his/her personal data for marketing purposes.
    6. By participating in the Event, the Participant grants his/her consent to Jaguar Land Rover or the data processor to make and use his/her photo, written statements, visual images and visual and audio records regarding the Participant or any personal expressions made by the organiser in connection with the Event organisation and prize money award within the scope and subject to the terms and conditions agreed with Jaguar Land Rover in accordance with Section 12 of the Civil Code for commercial purposes in any communication media (the "Image"), regardless of their nature and purpose, by all usual means, with any subsequent amendments of the same and any combination with other works or inclusion in a set of works. The consent granted by the Event Participant to Jaguar Land Rover is unlimited as to the subject-matter, time, volume and territory and may be revoked at any time.
  8. General
    1. The Participant is solely responsible for all costs and expenses incurred by him/her in relation to the Event, including but not limited to travel costs.
    2. The Participant is solely responsible for any damage to his/her own property or any property, facilities and equipment provided by Jaguar Land Rover and its partners during the course of the Event.
    3. Jaguar Land Rover reserves the right that the Participant may be excluded from his/her working group or from the Event or from receiving any prizes if it turns out that the Participant has breached the rules of the Event or achieved his/her performance by fraud or any other unfair conduct or activity. In case of controversy, a decision on the Participant’s inclusion in or exclusion from the Event will be taken by Jaguar Land Rover.
    4. Nothing in these terms and conditions nor the award of any prize shall constitute any obligation on the part of Jaguar Land Rover or the Participant to enter into any future agreement or relationship, save for the agreement pursuant to Article 4 (6) of these terms and conditions.
    5. These terms and conditions constitute the whole agreement and understanding between Jaguar Land Rover and the Participant relating to the Event.
    6. The Participant may not assign, sub-contract or otherwise transfer his/her rights or obligations under these terms and conditions.
    7. The formation, existence, construction, performance, validity and all aspects of these terms and conditions and any dispute or claim arising out of or in connection with them and/or the Event shall be governed by the laws of the Slovak Republic and the parties submit to the exclusive jurisdiction of the Slovak courts.

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