Terms & Conditions Contest

Preface

The following terms and conditions apply to the use of the LedsArt Contest (from now on referred to as “Channel”) provided by LedsArt Limited (from now on referred to as “LedsArt”) at https://leds.art embedded in the HYVE Crowd Platform at https://www.hyvecrowd.com (from now on referred to as Platform) provided by HYVE Community GmbH (from now on referred to as HYVE) and participation in Contests hosted on the LedsArt Channel. By signing up as a user on the Channel you accept the terms below and all other conditions stated or referred to on the Channel. To sign up as a user on the Channel you also need to be a member of the Platform.

1. Platform

When you have signed up as a user of the Platform you will be able to participate in contests by putting forward ideas and suggested solutions to the issues defined in the individual contests. The contests are launched via the Platform by the HYVE Innovation Community GmbH.

As a user of the Platform you will also be able to communicate with other users and participate in various events organized by HYVE in connection with the contests held on the Platform.

2. Interactive facilities on the Platform

The Platform offers comment functions and other interactive facilities by means of which you can share your comments with other users or visitors on the Platform. Any message that you send online via the Platform will be accessible to everyone, and HYVE and LedsArt assume no responsibility and no liability in this respect. Furthermore, HYVE and LedsArt reserve the right to remove comments from the Platform if they are considered offensive or insulting.

3. Links to other websites

The Platform may contain links to other websites. HYVE and LedsArt are in no way responsible for the content of other websites or for their practice in connection with the collection of personal data on such websites. In connection with visiting other websites, please read the owner's policy regarding the protection of personal data and other relevant policies.

4. Eligibility

Participants who are part of the expert group, jury members, LedsArt employees, and HYVE employees are not eligible to win prizes.

To be eligible to take part in the Competition, participants must be aged 18 or older (or, if according to the national laws applying to a participant, a higher age is required for full legal responsibility, this participant must be of at least such required age) on the date on which the participant registers for the Contest.

Prospective entrants must first register and accept the competition Terms and Conditions before submitting any entries.

5. Participation

A participant may end his/her participation in the contest at any time by sending a brief e-mail notification to HYVE Innovation Community GmbH at info@hyvecrowd.com. Termination of the participation shall not affect any rights or obligations incurred prior to the date of termination.

No purchase of any product or service by HYVE or any third party is required for participation in the Contest.

No participant is entitled to use the trademarks or service marks provided on the platform as a result of his/her participation in the Contest.

6. Course of Competition

Entry submission is supported by a user-friendly submission procedure. For further information with regard to the submission of entries please see “About the Contest.”

HYVE and LedsArt will not accept entries which:

• contain inappropriate, obscene, defamatory, libelous, slanderous, profane, indecent or unlawful content;
• infringe intellectual property rights or misappropriate trade secrets or confidential information of third parties;
• constitute "hate speech", whether directed at an individual or a group, and whether based on the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
• 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 HYVE and/or any other third party;
• facilitate or promote gambling, or the sale or use of hard liquor, tobacco products or illegal drugs or any other illegal activity;
• otherwise restrict or inhibit any person's use or enjoyment of the Contest or other services provided by the platform;
• contain confidential information of trade secrets of the submitting participant.

LedsArt shall not be required to keep the content of the entries confidential nor shall LedsArt be liable for the consequences of disclosure of such content.

In case two identical or very similar entries are submitted, LedsArt will only accept the first entry which is submitted in the competition. Whether entries are considered very similar lays in the sole discretion of LedsArt.

Entries which are incomplete, defaced or damaged will be deemed invalid and may be deleted by LedsArt.

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

7. Judging

Judging is private. The jury is responsible for the selection of the best proposals. The members of the expert team will consider the opinions of the community, nominations made by LedsArt and evaluation criteria determined by LedsArt.

The jury is responsible for the selection of the three best ideas (or more, if it is explicitly stated in the Contest description that there will be more than three winners). The members of the jury will consider the opinions of the community. The jury will also determine the Most Valuable Participant of the contest (if a MVP is awarded).

The prizes are described on the webpage. Winners will be notified by E-mail and in case the prizes are monetary, LedsArt will pay out the monetary prizes via bank transfer once the winner provides his/her bank account information. Monetary prizes may not be possible in all countries. In cases, where monetary prizes are not possible, it will be substituted with a non-monetary prize of equal value. The non-monetary substitute prize will be chosen by LedsArt. In some countries a tax declaration may be required.

8. If you win a contest

All submitted ideas have the opportunity to win cash or non-monetary prizes as stated in “About the Contest” for the relevant contest.

A professional jury will determine the winning ideas. It is not possible to appeal against the decision of the operators of this contest. Legal recourse is excluded.

If you do not respond within ten working days, LedsArt will make reasonable efforts to contact you again. If you are unable, regardless of reason, to receive your prize or do not contact us in order to receive your prize within 30 working days from the first email was sent to you, LedsArt reserves the right to appoint another winner of the contest and award the prize to this person instead.

LedsArt may take up to 90 working days to transfer any prize money and ship any prizes.

9. Jury decision

The jury meeting is private and the jury is composed of a group of experts. The jury is responsible for the selection of the three best ideas (or more, if it is explicitly stated in the Contest description that there will be more than three winners). The members of the jury will consider the opinions of the community and the evaluation criteria.

The jury may also determine the Most Valuable Participant(s) of the contest. Candidates are nominated by the contest team (Community Managers) that participated in the discussion on the platform. Criteria for a nomination are activity in the discussion during the contest, quality of contributions and support for other members. Contestants must submit at least one idea to be eligible as Most Valuable Participant.

The jury's decision is final. The evaluation of the individual ideas in regard to the evaluation criteria will not be published. The participants have no claim to individual feedback or any explanation concerning the jury's decision.

10. Notifications

In connection with your signup as a user of the Platform you will be asked, among other things, for an email address that we will use to send you information about the following:

• Information about the panel of judges.
• Updates on the contest.
• Conclusion of the contest.
• Winning the contest.
• Events, seminars, etc. held as part of the contest.
• News and information concerning the contest.

You hereby agree that LedsArt may send such notifications to you by e-mail newsletter.

You can revoke your consent at any time by using the unsubscribe link in the e-mail sent to you for unsubscribing or by contacting us directly via e-mail (info@hyvecrowd.com).

11. Intellectual Property and Right of Use

11.1 General Assignment/License by entering the Competition

By entering the Competition, participants irrevocably and unconditionally assign, to the extent legally possible, to LedsArt any and all intellectual property rights, i.e. all right, title and interest of whatsoever nature they may have in the material uploaded and thereby made known to LedsArt in the course of the Competition (hereinafter referred to as "Materials"), including, but not limited to, rights relating to patentable inventions. After the competition all these rights will be transferred by LedsArt to the company hosting the contest. This assignment shall be free of all liens, encumbrances and rights exercisable by third parties and, without prejudice to the foregoing; with full title guarantee LedsArt accepts this assignment.

Where such assignment is not possible for legal or any other reasons, participants, by entering the Competition, grant LedsArt - free of all liens, encumbrances and rights exercisable by third parties - an exclusive, irrevocable, world-wide, royalty-free, perpetual, sub-licensable, transferable and fully paid-up right to use the Materials in their original or in any modified form and in any known and - as of the confirmation of these Terms and Conditions by the participant - unknown way. This scope of license includes all fields of use, for example without limiting the generality of the foregoing, the right to copy, make available, publish, distribute in any medium in physical or non-physical form, exploit, translate, transform and/or modify the Materials, as well as the right of online-use of the Materials in all communication networks (Internet etc.). LedsArt shall have the right of the world-wide commercial exploitation, marketing, distribution and sale of any and all kinds of products based on such Materials.

The license shall also permit LedsArt to use portions of the Materials submitted by the participant, to modify or redesign any Materials submitted, to have it modified or redesigned, and/or incorporate other materials, either created by LedsArt, its designees or participants of the Competition or licensed from third parties, with the submitted Materials. Any such works shall be deemed Materials owned by LedsArt and shall not be subject to the participant's approval or payment by LedsArt of any compensation to the participant.

LedsArt as exclusive holder of the license shall have the sole authority to claim infringement of any intellectual property of the Materials by third parties. The right of the participant to claim such infringement is excluded.

By making a submission, the participant acknowledges and agrees that LedsArt, its designees and the sponsor may create on their own or obtain many submissions that may be similar or identical to the Materials the participant submits through the Contest or other channels and means. The participant hereby waives any and all claims he or she may have had, may have, and/or may have in the future, that submissions accepted, reviewed and/or used by LedsArt, its designees and the sponsor may be similar to his or her Materials. The participant expressly waives his/her right to authorship credit with respect to copyrightable Materials.

LedsArt shall, at its sole discretion, be entitled to use inventions or protectable ideas which are contained in any submitted Materials for any technical use and to file for patents and other statutory protection in any country in its own name as it sees fit, and to maintain or abandon those rights at any time. The intellectual property rights arising on the basis of any such registration shall belong to LedsArt. If any intellectual property rights require registration or a similar process in any country, the participants who submitted the Materials shall support LedsArt in such process by providing the necessary declarations, documents or other materials available to them.

Any rights granted by the participant to LedsArt under this Section may be assigned further by LedsArt to affiliates of LedsArt (15ff Aktiengesetz - German Code of companies limited by shares) and the sponsor.

11.2 Re-assignment/Waiver of License for non-winning entries

With the exception of the winning Materials (see section 11.1), LedsArt - upon the end of the Competition - automatically re-assigns any intellectual property rights assigned under Section 11.1 to the former rights holder in such Material or, in case of license grant to LedsArt under Section 11.1, LedsArt will waive any such license rights.

LedsArt will internally evaluate the non-winning Materials regarding feasibility of implementation as well. For this reason the participant shall - for a period of six (6) months following the end of the Competition - not assign to any third party any intellectual property rights, i.e. any right, title or interest of whatsoever nature they may have in the Materials and shall not grant any rights to use the Materials to any third party. During this period the participant commits to enter into assignment and/or license discussions with LedsArt in order to enable assignment and or license grant to LedsArt on friendly, reasonable and non-discriminatory (FRAND) terms.

11.3 Specific rules for winning entries

For the sake of clarity it is expressly stated that Section 11.2 does NOT apply to winning entries.

The Winners have no right to claim implementation of the Materials contained in their entries. LedsArt may forward the right of the winning ideas to a third party. Furthermore, a third party may contact idea generators after the contest.

12. Consent to the Publication / Data Protection

Persons who post ideas to the operators of this competition platform/participate in the ideas competition agree that:

• LedsArt may use the materials for PR purposes, including but not limited to advertising.
• The materials are published on the Internet and are available to an unlimited number of users.
• Your name will be mentioned in case of a win
• You waive your rights or payment in connection with the described handling.

LedsArt will only use personal data of participants for purposes related to the idea contest. The personal data are subject to the data protection regulations of the Federal Republic of Germany and the EU.

With your registration you agree to the following terms and conditions

• To be informed about other ideas and design competitions (usually by e-mail)
• That your profile in the form of user name, profile picture and your activities within the HYVE Crowd Community is publicly displayed

You can revoke this consent at any time.
For this purpose, as well as for exercising your rights of the party concerned in accordance with DSGVO Chapter III in conjunction with the DSGVO, please contact us. BDSG 2018 Chapter 2 to HYVE (HYVE Innovation Community GmbH, Schellingstr. 45, 80799 Munich, Germany, info@hyvecrowd.com).

Detailed information on data protection in HYVE Crowd can be found in the information on data protection and in HYVE’s general Privacy Policy von HYVE.

13. Release

The participant warrants and represents that his/her entry contains only original ideas of the participant and that the participant has the right to grant the rights and licenses set out in section 11 above. The participant warrants that any submission created in the course of the Contest shall not infringe any right including but without limitation intellectual property rights, industrial property rights, copyright, trademark right, right in trade dress, industrial design right, patent right, or privacy rights or right of publicity, right in trade secrets, right in protectable ideas or concepts of any person anywhere.

A submission includes but is not limited to: (a) the graphic design(s) developed for the Contest; (b) variations and elements of the graphic designs; (c) images, photographs, artwork, writings and prototypes, (d) strategic concept(s) and images, photographs artwork, writings and prototypes which are a part of or which describe the selected strategic concept(s); (e) research findings in the form of reports and presentations; and (f) any other material developed for the Contest.

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

14. Disclaimer

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

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

The Contest web site may contain links and references to the web pages of third parties. LedsArt 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 LedsArt does not have control over the information or contents on such web pages, nor shall LedsArt be liable for the quality, correctness or completeness of any third party information expressly provided on the Contest web site as third party information.

15. Miscellaneous

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

Monetary prizes will be paid in the currency, which is stated in the About the Contest section.

All legal relations between LedsArt and the participant shall be exclusively governed by and construed in accordance with the laws of the Federal Republic of Germany. Any conflict regarding the Contest or the Terms and Condition shall be subject to the exclusive jurisdiction of the Courts of the Federal Republic of Germany.

LedsArt reserves the right to modify these Terms and Conditions at any time, without advance warning or notice, and/or to suspend, withdraw or cancel the Contest for any reason and at any time, without incurring any liability. LedsArt furthermore reserves the right to exclude at any time a participant who is not willing to abide by these Terms and Conditions, without incurring any liability for such exclusion.