1.1 The Porsche Data Cup (the "Data Cup") is a developer contest regarding IT innovations in the field of automotive and mobility. The Data Cup is organized by High-Mobility GmbH (the "Organizer" or "High-Mobility") and is initiated by Porsche AG (the “Initiator” or “Porsche”).
1.2 The Data Cup is directed to companies and their developers who have applied and are accepted to participate in the Data Cup by registering and submitting their ideas and products to the Data Cup in accordance with these Terms and Conditions for Participation (the "Terms"). Participation in the Data Cup constitutes acceptance of the Terms.
2.1 The Data Cup is open for application from corporate bodies. Eligible for application are all corporate bodies except for:
2.1.1 Corporate bodies based in Iran, North Korea, Sudan, Syria, or Myanmar;
2.1.2 Corporate bodies that are not in the current industry focus;
2.1.3 Corporate bodies that do not fit into Porsche´s strategic business development;
2.1.4 Corporate bodies that do not have an established business for at least two years;
2.1.5 current employees of Porsche or any direct or indirect wholly or majority owned subsidiaries of Porsche during their working time;
2.1.6 current or former employees as well as parents, children, siblings, spouses or household members of such current or former employees of High-Mobility Corporation; and
2.1.7 persons directly involved in the organization and execution of the Data Cup.
2.2 Participation after approved application requires a valid e-mail address and completion of the registration process on the Data Cup website (http://www.porsche-data-cup.com/) to create an account on the Data Cup Platform. All registered companies after approved application meeting the eligibility criteria set out above are considered participants of the Data Cup (the "Participants"). In case of team participations each member of the team needs to register as set out above.
2.3 There is no admission fee to be paid or product to be purchased by a Participant in order to participate in the Data Cup.
2.4 If the Participant is an employee of a corporation, government agency, or an academic institution, the Participant ensures that its participation in the Data Cup complies with any policies the corporation, agency, or institution the Participant is an employee of may have regarding a participation in contests of this type. If the Organizer or Initiator has reason to believe that any of those policies are violated by a Participant participating in the Data Cup, the Organizer or Initiator reserves the right to exclude the Participant from the Data Cup or receiving a prize at any time. The Organizer or Initiator does not assume any responsibility for any disputes arising out of or in connection with the Participant's participation in the Data Cup that may arise between the Participant and its employer.
3.1 The Participants shall develop a prototype of their product (new developments or already existing developments, e.g. apps, products, services) (the "Product") within the scope of the use cases described at the Data Cup Portal using the software tools, SDKs, and mock APIs provided through the Data Cup Portal (http://www.porsche-data-cup.com/) or any other tools from publicly available sources (together the "Tools"), provided the Participant has the authorization to use them as stipulated in these Terms. A Team can contribute to more than one use case.
3.2 A Participant's contribution to the Data Cup (the "Contribution") shall comprise of
3.2.1 the Product or a link to the Product;
3.2.2 a video presentation of the Product (max. 60 seconds), explaining and demonstrating the functionality of the Product,
its technical architecture, the way the Tools are used, and why the Product should win the Data Cup; and
3.2.3 (optional) a written summary (in English, max. 1,000 words), images, technical details, URL to source code,
presentation slides, or other material supporting the Contribution.
3.3 Contributions must be submitted in English language and comply with the requirements set out in the Terms.
3.4 Participants shall submit their Contributions until 25th of June 2021 24:00 CET at the latest ("Submission Period") via the submission process detailed on the Data Cup website (http://www.porsche-data-cup.com/). Any Contributions submitted after expiration of the Submission Period are excluded from the Data Cup.
3.5 Participants may withdraw their Contributions at any time until the end of the Data Cup. With the withdrawal of a Contribution the respective Participant shall be excluded from the Data Cup and the Participant's right to win a prize is terminated.
3.6 A Participant may opt to submit more than one Contribution. Only one Contribution will be eligible for being awarded a prize. If, according to the evaluation process set out in sec. 4, more than one prize had to be awarded to one Participant, only the highest prize will be awarded.
4.1 Review and evaluation of all validly submitted Contributions will be carried out by a jury who are selected at the Organizer's and Initiator´s sole discretion (the "Jury").
4.2 All validly submitted Contributions will be objectively reviewed and evaluated by the Jury in accordance with the following evaluation criteria and rank the Contributions accordingly: 1. Creativity (includes creativity of the Product, in particular as regards usability, design, and intuitiveness - max. 15 points), 2. Potential Value (includes the degree to which the Product provides scale and economic or social value to Porsche or Porsche customers - max. 15 points), 3. Use of APIs/SDKs (includes the extent to which the Tools were implemented, how effectively the Product makes use of the Tools, and how many features of the Tools are used in the Product - max. 15 points), 4. Ease of Implementation (includes the extent to which the value provided to the user is realistically achievable with existing technologies within the near term, not vague, or reliant on a technology that is not yet on the market - max. 15 points), 5. Contribution Pitch (includes the clarity and description of what problem the Product addresses, how the Product solves the problem, and what technology is used - max. 15 points).
4.3 The Jury's decision shall be made at the Jury's sole discretion in accordance with the evaluation criteria and shall be final and binding.
4.4 The final will be virtual. Access to Skype/YouTube and a Camera is required to participate. More information will be announced after the selection of the participants for the virtual final.
4.5 Technical equipment necessary for the participation at the final event will be announced prior the event at Porsche.
5.1 The Jury will award 1st prize for each of the three data cup categories as described on the Data Cup Portal in accordance with the evaluation process set out in sec. 4.
The Jury will award the following prizes:
(i) winning Contribution: free 6 months usage of data and an expert meeting with Porsche.
5.2 The winning Participants will be notified by the Organizer by e-mail using the email address provided by the Participant during the registration process. If a winning Participant fails to contact the Organizer in order to provide the payment details and other information required to receive the prize within two (2) weeks after being notified by the Organizer, the Organizer will send a reminder e-mail to such Participant. If the Participant again fails to contact the Organizer within another two (2) weeks following the reminder e-mail, the Participant’s right to the prize shall be forfeited and the Organizer shall be entitled to award the prize to another Contribution in accordance with the evaluation criteria.
5.3 The winning Participants are fully responsible for any and all taxes, duties and fees in connection with the prizes as may apply.
6.1 The prize winners’ company names and countries of residence as well as images and pictures of the prize winning Participants and Contributions will be announced to the public on the Data Cup website and other promotional channels, such as the Data Cup Platform, the Organizer's websites and www.porsche.com and any other Porsche websites and all its subdomains and social media accounts.
6.2 By participating in the Data Cup, the Participant grants the Organizer and Initiator and its affiliated companies the unconditional and irrevocable right, except where prohibited by law, to use its name, country of residence, images and pictures and the Contribution for promotional purposes.
7.1 Porsche does not claim ownership of the Contribution, but the Participant must consider that the Contribution will be made publicly available and no confidentiality can be guaranteed and warranted. As some Intellectual Property Rights must be applied for prior to publication, the Participant must consider seeking independent legal advice prior to submission of the Contribution. The Participant has no right to claim implementation of the materials contained in their Contribution.
8.1 Participants' costs and expenses in connection with the participation in the Data Cup are to be borne by the Participants. The Organizer and Initiator does not compensate the Participants for any costs and expenses incurred in connection with the participation in the Data Cup.
8.2 No monetary compensation will be paid for any reason.
9.1 In the course of the Data Cup the Organizer is collecting personal data of the Participants provided by the Participants, in particular as regards the registration process. The Organizer collects, processes and uses (together: "processing" or "to process") such personal data for the purpose of carrying out the Data Cup, announcing the awarded Contributions (see sec. 6), or contact the Participant for providing information required for the proper execution of the Data Cup.
9.2 Any Participant's rights in accordance with applicable data protection law, in particular the Participant's right of disclosure and or right to demand correction, blockage or deletion, shall remain unaffected. All inquiries relating to data protection shall be addressed to [firstname.lastname@example.org].
10.1 By submitting a Contribution, the Participant warrants that (i) the Contribution, in particular the Product, or any part thereof do not infringe any third party intellectual property right, (ii) the Participant disposes of all permissions, rights and licenses required for the submission of the Contribution in accordance with these Terms, (iii) the Contribution does not contain any harmful, malicious or deceptive code, including but not limited to any bots, back doors, Trojan horses, viruses, worms and other harmful or malicious code, files, scripts, agents or programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (iv) the Contribution does not contain third party or publicly available code which is subject to license terms that require to license the Product or any derivative work thereof to third parties or make the Product or any derivative work thereof publicly available.
10.2 To the fullest extent possible by applicable law, the Organizer and Initiator specifically disclaims any liability, terms, conditions, representations or warranties, express or implied, regarding the Data Cup or the prizes including any implied warranty of non-infringement, merchantability or fitness for a particular purpose and any other implied warranties that may arise in the course of performance of the Data Cup.
11.1 The Organizer and Initiator shall be liable in accordance with statutory provisions for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, gross negligence, wilful default, or for any other type of loss or damage which cannot be excluded by applicable law.
11.2 Except as set out in sec. 11.1, in no event will Organizer and Initiator, its affiliates, partners, subsidiaries, officers, directors, agents, employees and third parties engaged in the execution of the Data Cup, be liable to a Participant for any direct, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with the participation of the Participant in the Data Cup, whether such liability arises from any claim based upon contract, tort (including negligence), strict liability or otherwise, and whether or not Organizer and Initiator has been advised of the possibility of such loss or damage.
12.1 Except as set out in sec. 11.1 and subject to sec. 11.2, the Organizer's and Initiator´s cumulative aggregate liability arising out of or in connection with the Data Cup shall be limited to the value of the prizes pursuant to sec. 5.1.
12.2 The Organizer and Initiator reserves the right, at its sole discretion, to modify, suspend or cancel the Data Cup without liability in the event that for reasons beyond the Organizer’s control cannot be performed as initially planned, e.g. because of a violation of the Terms by Participants or technical problems (outages, system corruption, cyber-attacks, etc.).
13.1 Any Participant violating these Terms or interfering the Data Cup in way that adversely affects a fair and sportsmanlike Data Cup may at the Organizer´s and Initiator´s sole discretion be excluded from the Data Cup and thereby lose its eligibility to win a prize.
14.1 These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
14.2 Should one or more provisions of this Agreement be or become invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions of this Agreement.