THE ENERGY OPEN INNOVATION CHALLENGE by ENTERPRISE SINGAPORE
THESE RULES AND REGULATIONS (“RULES”) SHALL GOVERN THE ENERGY OPEN INNOVATION CHALLENGE (THE “COMPETITION”). BY YOUR ENTRY AND PARTICIPATION IN THE COMPETITION YOU AGREE TO BE BOUND BY THESE RULES. ENTERPRISE SINGAPORE (THE “ORGANISER”) RESERVES THE RIGHT TO AT ANY TIME, CANCEL OR AMEND ALL OR ANY PART OF THE COMPETITION AND/OR THE RULES AS IT DEEMS FIT AND WITHOUT NOTICE. IT IS THE PARTICIPANTS’ RESPONSIBILITY TO KEEP THEMSELVES INFORMED AS TO ANY CHANGES TO THE COMPETITION AND/OR THE RULES. IN THE EVENT OF ANY QUESTION OR MATTER ARISING OUT OF ANY POINT THAT IS NOT EXPRESSLY PROVIDED FOR IN ANY OF THE RULES, THE DECISION OF THE ORGANISER SHALL BE FINAL.
IN THE EVENT OF ANY DISPUTE REGARDING THE RULES, THE CONDUCT OR RESULTS OF THE COMPETITION, OR ANY OTHER MATTER RELATING TO THE COMPETITION, THE ORGANISER’S DECISION SHALL BE FINAL AND UNCHALLENGEABLE AND NO CORRESPONDENCE OR DISCUSSION SHALL BE ENTERED INTO, COMMENT ISSUED, OR REASON GIVEN IN RESPECT OF ANY DECISION MADE BY THE ORGANISER.
This Challenge is sponsored by Enterprise Singapore (the “Organiser”) and by Chevron, ConocoPhillips, ExxonMobil and Shell (the “Co-Sponsors”)
Organiser (the “Organiser”): Enterprise Singapore, a statutory board established pursuant to the Enterprise Singapore Board Act (No. 10 of 2018), having its place of business at 230 Victoria Street #10-00, Bugis Junction Office Tower, Singapore 188024, and/or 1 Fusionopolis Walk, #01-02 South Tower, Solaris, Singapore 138628, is the government agency championing enterprise development. The agency works with committed companies to build capabilities, innovate and internationalize.
Co-Sponsors (the “Co-Sponsors”):
“CHEVRON SINGAPORE PTE LTD. (199206695E), a private limited company registered in Singapore and having its place of business at 3 FRASER STREET #12-28 DUO TOWER SINGAPORE 189352”
CONOCOPHILLIPS ASIA VENTURES PTE LTD: ConocoPhillips Asia Ventures Pte. Ltd. , a company incorporated in Singapore and having its registered address at One Temasek Avenue, #40-02, Millenia Tower, Singapore 039192
ExxonMobil Asia Pacific Pte Ltd (UEN 196800312N)
SHELL EASTERN PETROLEUM (PTE) LTD (UEN: 196000089G), a company registered in Singapore and having its registered place of business at The Metropolis Tower 1, 9 North Buona Vista Drive #07-01, Singapore 138588.
Co-Organiser (the “Co-Organiser”): Agorize, a French Simplified Joint Stock Company (Société par Actions Simplifiée, or SAS), registered within the Commercial and Companies Register of Paris under number 530 774 439, and has its registered office at 15 Rue Béranger, 75003 Paris, France.
The Co-Organiser shall act in the name and on behalf of the Organiser and the Co-Sponsors as part of their assignment.
The Organiser, the Co-Sponsors and the Co-Organiser shall be considered as joint Organisers (the “Joint Organisers”) of the Competition.
The aim of these Rules is to set out the terms and conditions governing your participation in the Challenge. By participating in this Challenge, you fully and unconditionally agree to comply with these Rules. If you do not agree with any of these Rules, do not register for this Challenge and do not submit an entry.
This Challenge begins on 3 September 2020 at 12h00 GMT+8 and ends on 6 November 2020 at 12h00 GMT+8. The Challenge will be accessible 24 hours a day on the dedicated Challenge website operated by Agorize at https://energy.innovation-challenge.sg/energy-2020 (“the Challenge website”), subject to possible IT maintenance operations. Dates and times in these Rules refer to Greenwich Mean Time + 8 (GMT+8).
2. AGREEING TO THE RULES
Any eligible person who is registered on the Challenge website and enrolls to participate in the Challenge (“Participant” or “You”), is required to review and accept these Rules. By accessing and accepting these Rules, You:
- enter into a valid and enforceable contractual relationship with the Joint Organisers regarding participation in the Challenge. The registration and enrolment in the Challenge does not set up any subordination relationship between the Joint Organisers and the Participant, and
- fully and unconditionally agree to comply with these Rules. Participants express their agreement by checking an online box while enrolling for the Challenge.
In case of non-respect of these Rules, the Participant will be immediately disqualified from the Challenge and no prize will be awarded.
3. REGISTRATION AND PARTICIPATION IN THE CHALLENGE
To take part in the Challenge, we must receive your completed registration by 6 November 2020, 12h00 GMT+8.
To register, the Participant must first have created a user account on the Challenge website, and must have truthfully and accurately completed required information, such as full name, email address and the following user fields:
- First Name, Last Name
- Legal name of your company
- Country of your company
- Your company elevator pitch
- Your company development state
- Gender (Optional)
- Date of birth (Optional)
- Telephone number
- Nationality (Optional)
- Website page
Any registration based on inaccurate, false or incomplete information will result in the Participant’s disqualification. Refusing collection, recording and use of their personal data that is strictly necessary to performing the Challenge will result in the Participant’s disqualification. The Participant is solely responsible for the information he/she provides when registering. Any intentional or unintentional mistake, anomaly or inconsistency, regarding this information, may result in the Participant’s disqualification. The Joint Organisers reserve the right to proceed all necessary verifications regarding the Participant’s identity, postal and/or email address.
Deletion of a Participant’s user account on the Challenge website will be deemed as a withdrawal from the Challenge. In this case, the Participant, regardless of whether the deletion results from the Participant’s personal action or not, will not participate in the Challenge, and will not obtain any compensation.
Registration for and participation in the Challenge is free, with no purchase or payment obligation.
Subject to Section 5, this Challenge is open and offered to:
- Business entities, regardless of their country of incorporation. Entities may be required, in the Organiser’s sole discretion, to provide proof of (i) company registration by submitting a registration certificate issued within the last three (3) months, or ongoing company registration/business profile, or any trade registry and proof ensuring the registration of the entity in the relevant country of incorporation; or
- Individuals or groups of Individuals regardless of country of residence such as research teams. Only one person to register on behalf of the team. Research teams, when registering, need to be ready to incorporate a company in Singapore should they be shortlisted to work with the energy companies and offered grant support.
The Organiser, in joint decision with any Co-Sponsor, reserves the right to refuse, suspend or terminate any Participant's registration at its sole discretion, without assigning any reasons thereof.
All the documents that may confirm the Participant’s eligibility may be required prior to awarding any prizes (e.g. identity document, registration certificate).
This Challenge is not open to employees and representatives of the Joint Organisers.
This Challenge is void in countries where it is prohibited or restricted by law.
5. PURPOSE OF THE CHALLENGE AND PARTICIPATION
Notwithstanding Section 4, Participant(s) of the Challenge which are business entities must be a Startup or SME (as defined below).
Where the Participant (whether a business entity or an individual or a group of individuals) is not a company incorporated in Singapore, the Participant should be prepared to incorporate a company in Singapore if they are eventually shortlisted, in order to qualify for ESG funding support (as defined in Section 8).
- Startup Participants enter the Contest on behalf of their legal business organisations. During the registration process, Startup Participant must designate one individual, above the age of 18 years old as at the date of entry, who is part of the company for contact purposes with the Joint Organisers. This person will be responsible for registering the Startup at the Challenge and participate in the Challenge on behalf of the Startup. As a Startup participating in this Challenge, you represent and warrant to the Joint Organisers that such person (i) is an authorized representative of Startup and is participating in the Challenge on behalf of such company, and (ii) has obtained all necessary approvals to enter the Challenge, including all persons qualified to grant any intellectual property rights to the Organiser and Co-Sponsors.
For the purpose of the Challenge, a "Startup" shall:
(a) be incorporated in Singapore as a private limited company for less than five years;
(b) be able to prove substantial innovative and intellectual content for its products and/or services and applications; and
(c) not be a subsidiary or joint-venture.
- SMEs. SMEs Participants enter the Contest on behalf of their legal business organisations. During the registration process, SMEs Participant must designate one individual, above the age of 18 years old as at the date of entry, who is part of the company for contact purposes with the Joint Organisers. This person will be responsible for registering the SME at the Challenge and participate in the Challenge on behalf of the SME. As a SME participating in this Challenge, you represent and warrant to the Joint Organisers that such person (i) is an authorized representative of SME and is participating in the Challenge on behalf of such company, and (ii) has obtained all necessary approvals to enter the Challenge, including all persons qualified to grant any intellectual property rights to the Organiser and Co-Sponsors.
For the purpose of the Challenge, a "SME" shall have:
(a) Group annual sales turnover of not more than S$100 million; OR
(b) Group employment size of not more than 200 workers; AND
(c) at least 30% local shareholding* (i.e. 30% local equity held directly or indirectly by Singapore Citizen(s) and/or Singapore Permanent Resident(s), determined by the ultimate individual ownership)
*The Organiser may review and amend any of the requirements in Section 5 in its sole discretion on a case-by-case basis.
NB: Foreign companies without any business entity in Singapore, can incorporate a private limited company in Singapore after the end of the challenge to be eligible for the Startup SG grant (providing they get selected). These companies will fall under the Startup profile. After incorporating a private limited company in Singapore, the company’s founder must dedicate a reasonable amount of their time on the business, not be employed full time by another employer and must be a key decision maker in the company. The business activities run by the company must be wholly or mainly** in Singapore.
**Details to be worked out with Enterprise Singapore.
The goal of the Challenge is for Participants to submit contributions (or projects) meeting the requirements determined by the Joint Organisers in the Challenge brief, and that are formalized by deliverables. The brief includes information regarding various deadlines, details of the prizes, requirements etc. (the “Brief”). The Brief is accessible through the Challenge website.
Participants may submit Project Proposals for more than one problem statement.
During the Challenge, Participants may upload any documents or other materials (such as texts, presentations, videos, etc.) relating to their project to the Challenge website in response and as a solution to the Challenge (the “Deliverable”).
To be eligible, Deliverables must (i) address the specific issue set out in the Brief, (ii) be in a common digital format, such as, PDF, MP4, and (iii) be in English and in general terms must comply with these Rules.
If a Deliverable cannot be downloaded, is not in the right format or is incompatible, illegible, or unintelligible, the Deliverable will be disqualified.
Without prejudice to Section 11, the Participant warrants the following by submitting a Deliverable:
- The Deliverable includes exclusive contributions from the Participant.
- Otherwise, if content from a third party has been used in the development of the Deliverable, all rights, authorizations and agreements necessary to submit the Deliverable and grant the rights mentioned herein have been obtained. The existence of uncredited third-party contributions in the Deliverable will result in the disqualification of the Deliverable and the related Participants;
- No other individual and/or entity is entitled to claim any rights from the use of the Deliverable; and
- The content of the Deliverable does not and will not infringe or violate any rights of any third party or entity, including, without limitation, intellectual property rights, privacy, competition law, confidentiality, or any contractual or extracontractual right. All deliverables suspected of any law(s) and/or any third party’s right will be ineligible.
Participants are responsible for and shall bear any costs or expenses associated with preparing and submitting Deliverables. Participants assume all risk for damaged, lost, late, incomplete, invalid, incorrect or misdirected Deliverables.
7. CHALLENGE PROCESS
Challenge Rounds. The Challenge consists of several rounds:
- Round One | APPLICATION PHASE Deliverables will be accepted from 3 September 2020 12h00 GMT+8 to 6 November 2020 12h00 GMT+8. At the end of this Round, up to 50 winning Deliverables will be pre-selected to proceed to Round Two.
- Round Two | DEEPENING PHASE From 18 November 2020 to 27 November 2020. 1-1 online meetings between shortlisted Participants and Co-Sponsors will be organised. Following these meetings, Co-Sponsors will decide whether they will progress all or part of the shortlisted companies to the final round.
- Final Round | VIRTUAL EVENT w/c December 7 to 11, 2020: Participants will be invited to pitch their project during an online event. More information will be shared to the finalist companies at a later stage.
Deliverable. If a Participant does not upload a Deliverable on the Challenge website before the deadline, this will be considered as a withdrawal from the Challenge. The Participant may not join the Challenge and may not obtain any compensation from the Joint Organisers.
Selection Criteria. Deliverables will be judged according to the Selection Criteria, described below. You agree and acknowledge that the Challenge relies on your creativity, capacity, ability, and ingenuity to solve difficult problems. The Challenge does not depend, even partially, on chance or luck, and therefore should not be considered as a lottery. Under no circumstances are factors such as appearance, religion, membership in a trade union, political opinions or sexual orientation considered.
Notification to Participants. Once selection has been completed, Participants will be notified by email, phone, or by other means of the results of each Round. The Joint Organisers will be free to alter the dates on which results are released should this become necessary due to the number of projects to be assessed. The ranking decided by the final jury will be announced on the day that presentations are made and will identify the Participants that are finalists.
A. Round One
All Round One Deliverables must be submitted before 6 November 2020 12h00 GMT+8. Deliverables must meet the specifications set out in Section 6, above, and include:
- Answers to the participation form:
How much funding have you raised so far?
How many employees do you have?
How did you hear about this competition?
How mature is your project?
- Up to 10-slides PDF presentation, in English only, addressing the following issues:
Market and total addressable market (TAM)
Value proposition and positioning
The business/revenue model
Traction: KPI metrics & milestones
- A 2-min video introducing the company and solution (optional)
Selection phase following Round One will proceed as follows:
“Criteria based” voting will take place from 6 November 2020 to 18 November 2020.
The voters (the Joint Organisers) (the “Voters”) may evaluate and select the Deliverables based on their content and the following criteria:
- Technical Depth
- Business/Growth Potential
- Feasibility of Business Model
- Innovation/Differentiation & Impact of Value proposition
Additional criteria might be added at a later stage. The Co-Organiser shall inform all Participants if this were to happen, as well as update the Challenge Website accordingly.
Except as otherwise provided below, the (50) Participants with the highest score at the end of this vote will win this vote and proceed to the next round.
B. Round Two
Round Two will consist of individual online meetings between the shortlisted Participants, the Organiser and Co-Sponsors.
These online meetings will be arranged by the Co-Organiser and will take place between Nov 19, 2020 and Nov 27.
At the end of each meeting, Co-Sponsors will decide whether to progress all or part of the shortlisted Participants to the Final Round.
More details on these meetings and their contents will be shared at a later stage to the shortlisted Participants.
Participants will be informed of the results of the Round Two by Friday, November 27, EOD.
C. Final Round
The Co-Organiser will notify Participants who have been selected to participate in the Final Round directly by email to the address provided during registration. In the event a Participant does not confirm his/her attendance at the Virtual Finals, the Joint Organisers reserves the right, at their sole discretion, to disqualify this Participant. For the avoidance of doubt, the Joint Organisers shall not be liable for any liability (including indirect liabilities) in respect of any disqualification made pursuant to this paragraph.
The Final Round will consist of 4 online sessions, one per Co-Sponsors, and will take place between SFF x SWITCH DATES Dec 7 to 11, 2020. More information will be provided at a later stage to the finalist Participants.
The prizes are awarded to the winners of the Challenge and are subject to compliance with the following cumulative conditions:
- The Deliverables comply with Section 6 (“Deliverables”);
- Each Participant of a winning project complies with Sections 9 and 11;
- The winning Participants fulfil all applicable conditions of eligibility set out in Sections 4 and 5.
The Joint Organisers reserve the right to not award prizes to winners who do not fulfill any of the above conditions, in which case the Joint Organisers reserve the right to withdraw the prize and pick a replacement winner.
Subject to these Terms and Conditions, the benefits for the shortlisted and finalist Participants may include the following ("Indicative Benefits").
Access to Energy Companies' leading R&D expertise
- Opportunities for conducting a proof of concept with our Energy Companies' hubs
- Developing long-term strategic partnerships
Energy Companies' Support
- Secure test-bedding opportunities for suitable technologies
- Financial support to be granted to the finalist companies*
*The exact amount of the financial support will be discussed, prior to the implementation phase, between the Energy Companies and the finalist companies.
Enterprise Singapore Financial Support
- ESG funding support, being
(i) For SME and Startup profiles: Up to S$1 million of funding through grants for product development per problem statement; and/or
(ii) For Startup profiles only: 4 x Start-ups will stand to win S$25,000 of Startup SG Grant
- Access to a diverse pool of ecosystem partners such as accelerators, incubators, venture capital investors, IHL and research institutes
- Opportunity to pitch your Ideas during SFF x SWITCH (Singapore Fintech Festival x Singapore Week of Innovation and Technology)
Mentorship & Industry Network
- Shortlisted Startup/SMEs will have one-to-one meeting sessions with Energy Companies
- Continued online Mentorship and guidance prior to the final pitching day to all finalist companies
- Opportunity to pitch to Energy Companies' top management
- Gain deeper understanding of industry challenges and needs
- Unique insights for the shortlisted proposals
- Increase prospects for co-creation or co-development activities
For the avoidance of doubt, the Joint Organisers make no guarantee as to the provision of the Indicative Benefits. The Joint Organisers shall not be responsible for any risk or be liable for any claims, demands, liabilities, expenses, losses, cost or damage in connection with the provision or non-provision of any of the Indicative Benefits.
No assignment or transfer of prizes is allowed by a winner. If a potential winner cannot be reached, is unable to accept the prize or any portion of the prize for any reason, Joint Organisers shall have no further obligation to such potential winner. Joint Organisers will not replace any lost or stolen prizes after being awarded to winners. Winners will accept the prize “as it is”. Joint Organisers disclaims any warranty regarding the Prizes.
In the event a Participant (a winner) cannot be reached, by email or by phone, for more than three (3) months after the first attempt to reach them was made, he/she will be deemed as having waived their right to claim the prize and will not be entitled to any prize or any kind of compensation.
If the prize as initially planned is unavailable, Joint Organisers will be free to substitute another prize of similar value. Any such decision is at Joint Organisers’ sole discretion.
Any Participant who does not fulfil the conditions of Participation as provided in the Rules during their registration and/or at any time during the Challenge will be summarily disqualified from the Challenge without prior notice and will not be entitled to any prize. In the event that a prize is awarded to a Participant who does not meet the conditions of Participation when registering or throughout the duration of the Challenge, Joint Organisers reserve the right to require the Participant to return the awarded prize.
The Participant acknowledges and consents that the Joint Organisers may, throughout and for the duration of the Challenge and for a period of one (1) year following the Final Round use the Challenge for publicity, including for the Joint Organisers’ advertising or other marketing purposes, (by any means and through any format (website, advertising banners, social networks, newsletter, press release) now known or unknown to date, free of charge or for a consideration.
You consent to the use, by the Joint Organisers, of your name and surname, your city and region of residence, the information regarding the Prize (if you are a winner), the name of your company and its distinctive signs and any other personal data that you submit with your Deliverables as well as the content of your Deliverables relating to the Challenge.
The Participant shall not be entitled to, and shall not demand, any further compensation and/or benefit from the Joint Organisers in connection with this Section 9. The Joint Organisers agree to cease use of the aforementioned elements in connection with the Participant at the end of the aforementioned period.
The Joint Organisers have no obligation to keep the information contained in the Deliverables confidential. In general terms, when submitting any Deliverables, the Participants understand, agree and accept that any information contained therein may be publicly disclosed by the Joint Organisers.
If you are a prize winner, the Organiser and Co-Sponsors may request that you execute a confidentiality/non-disclosure agreement for the purpose of entering into negotiations regarding the further development of your project, as described in your Deliverable. Such confidentiality/non-disclosure agreement will be directed to your Deliverable and all intellectual property that it may contain.
Furthermore, Participants acknowledge that the Joint Organisers may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the information contained in any of the projects. Accordingly, nothing herein shall prohibit the Joint Organisers from independently acquiring, developing, or having developed for it, products, concepts, systems, services, or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in any Deliverable.
The Participants recognize that other Participants, individuals or entities may have provided to the Joint Organisers or others, or made public, or may in the future submit, or make public, content that is the same or similar to any piece of information contained in any of the projects. Hence, the Participants acknowledge, agree and accept that the Joint Organisers shall have the right to use such same or similar materials, and that the Participants will not be entitled to any compensation arising from the Joint Organisers’ use of such materials.
11. INTELLECTUAL PROPERTY
Definitions. For the purposes of this section,
- "Intellectual Property Rights" refer to any copyright or other rights over a brand, a design or a model, a patent and, more generally, any element, (including trade secrets and knowhow), that may be protected by national and/or international laws or conventions on intellectual property (“Intellectual Property Rights”)
- “Previous Rights” refer to any Intellectual Property Rights and/or any associated know-how held by the Participants before the start date of the Challenge (“Previous Rights”)
- “Creations” refer to any software (including source and object code software), database, technical specifications, text, design, model, information, knowledge, method, process or product, as well as any resulting elements and/or processes likely or otherwise to be protected according to national and/or international laws or conventions on intellectual property developed by any Participant as a part of any submitted deliverable throughout the Challenge (“Creations”).
Warranty of non-infringement. When submitting any Deliverable, at any stage of the Challenge, each Participant guarantees to the Joint Organisers that he/she is the co/owner and/or co/holder of the Intellectual Property Rights regarding all or part of the Creations contained in the Deliverables submitted at any stage of the Challenge, and that he/she has obtained all rights and permissions regarding all pre-existing Creations and any elements of the Deliverables for which he/she does not hold the relevant rights.
Each Participant guarantees (i) that his/her contribution is original and unprecedented; (ii) that it does not infringe upon the copyright or any Intellectual Property Rights of any third party; (iii) that all the elements of which his/her submissions are formed, as well as all pieces of contributions and information communicated in the submission presentation documents are accurate, reliable and complete; and (iv) that the submission of the relevant Deliverables does not constitute an act of unfair competition of any kind.
It is compulsory for Participants to indicate the source of any pre-existing Creations of whichever nature and on whichever support that are included in any submitted deliverable. Any Deliverable involving several Participants constitutes a collaborative work and it should be treated as such in accordance with the applicable regulation in force.
Liability. The Joint Organisers cannot be held liable for any infringement of the above provisions by Participants. Each Participant shall indemnify the Joint Organisers against any disturbance, action, claim, opposition and demand or eviction attempt from any third party in connection with any Creation in the Deliverables (Intellectual Property Rights included).
By submitting a Deliverable and participating in this Challenge, you are not granting the Co-Sponsors any rights to any intellectual property supporting all of part of the Deliverable and the Co-Sponsors makes no claim to ownership of your Deliverable or any intellectual property that it may contain.
Participants shall grant the Co-Sponsors a right of first acceptance ("ROFC") to collaborate with said Participant on any commercialisation of IP generated during the Competition ("Competition IP"). The ROFC shall expire and cease to have effect 90 days after the Pitch Day. For the avoidance of doubt, the ROFC extends to intended commercialisation of the Competition IP by the Participant alone. Participants shall fully retain their respective background IP rights, unless otherwise agreed between the Co-Sponsors and the Participant. Alternate or future arrangements of IP ownership shall be negotiated separately between the Participants and respective Co-Sponsors and independent of the Organiser and Co-Organiser, after submission of the Project Proposal.
The agreements and arrangements referred to in the preceding paragraph are solely between the Participant and the Co-Sponsors. The Organiser and the Co-Organiser are neither party to these agreements and arrangements nor responsible or liable for the same. Participants undertake in favour of the Organiser and the Co-Sponsors not to institute, commence or continue any proceedings (whether legal, arbitral, administrative or otherwise) against the Organiser and the Co-Organiser in relation to the aforesaid agreements and arrangements between Participants and Co-Sponsors.
12. MODIFICATION OF RULES, SUSPENSION AND CANCELLATION OF THE CHALLENGE
Update of the Rules. The Joint Organisers reserve the right to amend these Rules at any time, including the Challenge duration in case of operational imperatives, without prior notice to Participants regarding the enforcement or the validity of these amendments. Participants are encouraged to consult these Rules regularly. Participants expressly waive all claims or disputes related to any amendment to these Rules by the Joint Organisers.
Should any paragraph of these Rules be declared or judged illegal, unenforceable or void by a court decision, the paragraph in question will be considered null and void, but all other unaffected paragraphs will be enforced within the limits of the law.
Challenge Cancellation or Suspension. The Joint Organisers reserve the right in its discretion, to (i) cancel, terminate, modify or suspend the Challenge and these Rules, for any reason, at any time and without any liability, and (ii) to limit or restrict participation in the Challenge. The Joint Organisers will not be held liable for the modification, cancellation or suspension of the Challenge and no compensation or remuneration will be due to the Participants.
13. LIMITATION OF LIABILITY
The Joint Organisers will in no way be held liable in the event of breakdown or failure, regardless of the cause, of any telecommunications network used that causes Participants difficulty in or prevents Participants from identifying themselves on or gaining access to the Challenge website.
Participants agree that the Joint Organisers, their affiliates and all of their respective officers, directors, employees, contractors, representatives and agents (“released parties”) will have no liability whatsoever for, and will be released and held harmless by participants for any claims, liabilities, or causes of action of any kind or nature for any injury, loss or damages of any kind including direct, indirect, incidental, consequential or punitive damages to persons, to the maximum extent permitted by law. Without limiting the foregoing, everything on the challenge website and in connection with the challenge is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, in which case such limitation or exclusion shall apply only to the extent permitted by the law in the relevant jurisdiction.
Participation in the Challenge implies acknowledgement and acceptance of the characteristics, limits and risks of the internet and related technologies, particularly with regards to performance, response time, security of software and computer equipment against various potential attacks, such as viruses, logic bombs or Trojans, and loss or misuse of data. As a result, the Joint Organisers will not be held liable in any way for any damage incurred by Participants arising from these characteristics, limits and risks, which Participants accept by registering and taking part in the Challenge.
The Joint Organisers will not in any case be held liable for damages resulting from faults with or delays in the submission of deliverables by Participants, including refusal to accept these deliverables as a consequence of their submission outside the deadlines set out in the Rules, from faults with or delays to the sending of any emails by the Participant sent as part of the Challenge, or from any alterations made to the deliverables independently of the Joint Organisers.
The Joint Organisers will not in any case be held liable for damages resulting from services provided by a third-party relating to the prizes.
The Joint Organisers will not be held liable for the consequences of a Participant’s disqualification from the Challenge as a result of their violation of these Rules.
14. PERSONAL DATA PROTECTION
Participation in the Competition requires the communication of the Participant's personal data ("Personal Data").
Participant’s personal data is subject to processing within the meaning of the regulations on the protection of personal data (The Personal Data Protection Act, known as the PDPA) for which the Joint Organisers define the purposes and means and is, as such, “Data controller” within the meaning of the PDPA.
The purposes of the processing are:
- To meet the organization of the challenge needs
- To organize the intermediation between the Participant and the Joint Organisers, to ensure identification, communication and preservation of the exchanges with the Participant
- To fulfil publicity, advertising or other marketing purposes of the Challenge
By participating in the Challenge, Participants consent to the collection, use and processing of Personal Data for the purposes of administering, conducting and publicising the Competition, including but not limited to the use of names and photographs for publicity material relating to the Challenge.
In accordance with the provisions of the PDPA and/or government guidelines on public sector data governance (as applicable), the Joint Organisers undertake to implement organizational and technical security measures in order to protect all Personal Data of Participants.
Any Participant’s claims arising from the Challenge, should be addressed no later than thirty (30) days following the Challenge end date to email@example.com. All claims must include: (i) the Participant’s complete contact details (name, address, email address and phone); (ii) the name of the Challenge; and (iii) a clear and detailed explanation for the claim.
16. APPLICABLE LAW AND DISPUTES RESOLUTION
The Challenge and any action related thereto shall be governed by the law applicable in Singapore.
In case of persistent litigation beyond a period of fifteen (15) days after the Participant has filed a claim, the Joint Organisers and the Participant undertake to submit their dispute to an amicable conciliation prior to any legal proceedings. The party wishing to initiate conciliation shall inform the other party by means of a registered letter with acknowledgement of receipt in which it will inform of its intentions and will explain the cause. If no agreement is reached between the parties within thirty (30) days after receipt of the registered letter, the parties regain their freedom of action.
In case of persistent disagreement on the application or interpretation of the Rules, and in the absence of an amicable settlement, any dispute that may arise between the parties, will be subject to the exclusive jurisdiction of the Singapore Courts to which the parties expressly grant jurisdiction, even in the case of multiple defendants, in summary proceedings, appeal by guarantee or by motion.
All dates across the document will be updated on the final version of the Rules