Terms and Conditions
The following provisions set forth the terms and conditions (the "Terms and Conditions") to be followed in respect of the applicant team's ("Team") participation in the project for "Building Future Stars to Lead Beyond Chemistry" (the "Project") with Evonik Taiwan Ltd. ("Evonik"). Please carefully read these Terms and Conditions and submission of the application will be deemed as the Team and each Team member's consent and acceptance of these Terms and Conditions contained herein.
- Rules of the Project
The respective rules of this Project, including but not limited to participation eligibility, program resources, timeline, and selection criteria, as well as its update and amendment thereof (where applicable) are announced [via our website at [buildingfuturestars.com]] (the "Rules") and shall be construed as a part of these Terms and Conditions.
- Evonik's Right
- Evonik will verify the participation eligibility of each Team, declare winners (including but not limited to in the event of a tie), and award resources in its sole and absolute discretion. The Team agrees that such decisions are final and are not subject to review or reconsideration.
- At any time, in the sole and absolute discretion of Evonik, Evonik shall be entitled to disqualify a Team member and/or a Team in the event of a failure to meet relevant eligibility criteria of the Project, or any other violation or suspected violation of the Rules and these Terms and Conditions.
- Representations, Warranties and Covenants
The Team and each Team member hereby represent, warrant and covenant that: Participation in the Project
- all information provided to register for the Project shall be true, correct, and not misleading. The Team is responsible for keeping such information up-to-date;
- the participation in the Project does not violate any agreement or obligation to any invention assignment, proprietary information, confidentiality, non-solicitation, noncompetition or similar agreement with any employer or other person;
- the Team may not interfere with the progress of any other Teams;
- the Team understands that Evonik will need to collect, process, and use the personal data of each member of the Team and may need to contact the Team or Team members for future business opportunity, and the Team has duly obtained consent from each one of the Team members for disclosing their personal data to Evonik for the above purposes and the privacy statement of Evonik has been provided to each of the Team members;
Intellectual Property Right
- the Team is the sole owner of all intellectual property rights in and to the materials, documents and information it provided or submitted to Evonik during the course of the Project, including but not limited to those contained in its application documents, provided during workshops, on Pitch Day, during business line/venture capital interactions., and/or those submitted for promotion or media exposures or presented on Demo Day (hereinafter collectively, the "Content"), free and clear of all liens and encumbrances;
- the exploitation, reproduction, distribution, transmission, presentation, publication or utilization in any form of the Content by Evonik, its affiliates, their respective employees, officers, directors, agents, contractors or sublicensees will not infringe or misappropriate any intellectual property rights of any third party
- Ownership of Evonik IP and Derivatives
- The Team is aware that all intellectual property rights in and to the materials, documents and information provided by Evonik (or its employees, officers, directors, agents, contractors or sublicensees) to the Team (the "Evonik IP") are owned solely by Evonik and/or its affiliate(s).
- Any work, invention or creation developed or made by Evonik that is derived from the Content (the "Derivatives"), should belong solely to Evonik, and Evonik should enjoy all rights, title and interest in and to the Derivatives worldwide.
- Covenant Not to Sue
- The Team covenants that it will not, and will cause its affiliates, its or its affiliates' employees, officers, directors, agents, contractors or sublicensees not to, by itself/themselves or through any third party, raise or file any claims, demands, actions, oppositions, suits or proceedings that challenge the validity, enforceability or ownership of the Evonik IP or any of the intellectual property rights in and to the Derivatives.
- The Team covenants that it will not, and will cause its affiliates, its or its affiliates' employees, officers, directors, agents, contractors or sublicensees not to, by itself/themselves or through any third party, raise or file any claims, demands, actions, oppositions, suits or proceedings against Evonik for use of the Content or the Derivatives in any form on any occasion.
The Team and each one of the Team members agree to release, indemnify, defend and hold Evonik and their parent companies, affiliates, subsidiaries, and the directors, officers, employees, sponsors, contractors, and agents (e.g. advertising and promotion agencies) of each Evonik and their affiliates and assigns, and any other organizations related to the Project, harmless, from any and all claims (including third-party claims), injuries, damages, expenses or losses to person or property, and/or liabilities (compensatory, direct, incidental, consequential or otherwise) arising from or in connection with the Team's attendance, participation or conduct at the Project, or acceptance or use of the resources or parts thereof, including without limitation, (i) any delay or disruption of the Project due to causes not attributable to Evonik; (ii) any allegations, claims, legal actions raised by any party in relation to intellectual property or any other proprietary rights, or the implementation of the Project; (iii) any disputes among the Team members, (iv) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising from or in connection with the attendance, participation or conduct at the Project and/or result of the selection; or (v) any printing or typographical errors in any materials, or other administrative errors associated with the Project.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVONIK BE HELD LIABLE 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 PROJECT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT EVONIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
- The Team members understand and agree that photos, videos and/or other recordings may be taken during the Project. The Team members hereby grant Evonik the perpetual, irrevocable, sublicensable, transferable right to copy, use, display and publish the photos, any videotaped, photographed, and/or recorded materials in which the team members appear in any online, electronic and/or print format (including but not limited any social media sites or platforms) for any educational and/or promotional purposes of Evonik.
- If any portion of these Terms and Conditions is determined by any court or governmental agency of competent jurisdiction to violate applicable law or otherwise not to conform to requirements of law, then the rest of these Terms and Conditions will remain in effect and the parties will substitute a suitable and equitable provision for the invalid/unenforceable provision in order to carry out the original intent and purpose of the original Terms and Conditions.
- The Team may not assign, delegate or transfer the registration for the Project and/or any of the Team’s rights or obligations under these Terms and Conditions. Any attempted assignment, delegation or transfer shall be void.
- These Terms and Conditions together with any Project registration represent the Team’s entire agreement with Evonik with respect to the Project. These terms cannot be modified or changed except with the written agreement of Evonik.
- The Project and these Terms and Conditions are governed by the laws of Taiwan and any claims or disputes relating to the Project and/or these Terms and Conditions must be settled exclusively in the Taiwan Taipei District Court.