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General Terms & Conditions Service

I. Host and Requirements of participation

  1. The host of our idea competitions is the company inno-focus businessconsulting GmbH Dorotheenstraße 3, 10117 Berlin E-Mail: kontakt@innovationskraftwerk.de
  2. Since our ideas competitions might aim at a potential future commercial use, you must be at least 18 years of age in order to participate.
  3. Individuals are allowed to participate. However, companies and other legal entities are not allowed to participate.
  4. Employees and other personnel of the organization "Land of ideas", the company "inno-focus businessconsulting GmbH" and of the companies or organizations that offer the idea competitions ( “idea searcher”) as well as employees and other personnel of their subsidiaries and affiliate companies are excluded from participation in the ideas competition.
  5. In individual cases we might prohibit you from seeing ideas on the website, if you are employed at a competitor of an idea searcher. In such a case you are not able to participate in the idea contest.

II. Registration

  1. In order to be able to participate in an ideas competition, you must register on the website of www.innovationskraftwerk.de and follow these steps to create a user profile:
    • In the category "Login" you will be asked to provide a username and an e-mail address in an input screen.
    • After you have clicked on the Button "Register", a confirmation e-mail will be sent to the e-mail address you have provided.
    • In the confirmation e-mail you will also be sent a link that creates your profile.
    • When creating the profile, you must provide your entire first and surname, a password and which country you are from. Your name must be provided in the same way as it is noted in your official identification document. It is not acceptable that you use an alias instead of your entire first and surname during the registration process.
    • You must furthermore confirm that you have read the terms of conditions and agree with them.
    • Apart from that you must also confirm that you understand that you are not allowed to reveal any secrets (Know How) of your current employer when submitting ideas and that you will not submit any ideas that are the property ofowned by your employer according to the German Employee Inventions Act (Arbeitnehmererfindungsgesetz - online accessable at http://www.gesetze-im-internet.de/bundesrecht/arbnerfg/gesamt.pdf) and or have to be reported notified to the employer. You will also find more details on this topic in III 2.2.4.
    • By clicking the button "Save" the registration process will be completed.
  2. A requirement for your participation is that you have truly and completely entered all information.
  3. You are only allowed to create a single profile at www.innovationskraftwerk.de.
  4. If you create or are provided with safe words (e.g. passwords) by us or the idea searcher within the scope of your participation, then it is your responsibility to ensure that any safe words are kept in a safe place thus preventing misuse by third parties. You must especially treat your safe words confidential. You are obligated to immediately inform us if you become aware of a misuse of your user account.
  5. In cases where we suspect that the conditions stated under cypher II are not fulfilled we shall reserve the right to block or delete user accounts.

III. Competition process

  1. Uploading content
    1. When participating in an ideas competition, you may upload own content such as product and/or service ideas or corresponding concepts ( “own content”). Own content is uploaded on the website www.innovationskraftswerk.de under the section Competitions. In this section you will find the tab "NEW IDEA". By clicking on this tab you will be referred to an input mask that will support you when you upload own content. In doing so, you must complete all fields marked as obligatory. Additional documents explaining own content such as texts, drawings, photos, scans, etc. may be uploaded in PDF or JPG format via a corresponding function. Details regarding the input procedure can also be found on the website www.innovationskraftswerk.de under the tab "idea givers".
    2. Own uploaded content such as product or service ideas must be described in German or English in a clear way
    3. We do not assume an obligation to publish or use own content that you upload. We rather reserve the right to remove content uploaded by you from our website at all times. We will of course inform you on doing so.
  2. Special rules for uploading content
    1. The content uploaded by you such as designs, ideas or technical solutions must not yet be in production. If you have already applied for the granting of an industrial property right such as a patent, a utility or design patent, or if you are already the owner of one or more such intellectual property rights, please inform us thereof in writing when uploading own content.

      If you apply for such an intellectual property right following the upload of own content, you are also obligated to inform us thereof in writing. If necessary you might be excluded from a further participation in the ideas competition. You will be informed of this in written form. If we decide to exclude you from participating in the ideas competition, we will immediately delete all content uploaded by you.

    2. The content uploaded by you to our website must not infringe applicable legal stipulations or third party rights. Furthermore, you must also comply with the following rules:
      1. You assure that you have not granted any rights to third parties in the content uploaded by you before participation in the ideas competition.
      2. You may not publish confidential third party data such as identification card numbers, credit card numbers or the like.
      3. You may only publish content which actually derives from you. It is therefore not permissible to modify content already uploaded by others and to upload it as own content.
      4. You may not upload content which is considered a secret or know how of a subject matter of protection to your employer or that your employer is entitled to or needs to be informed about according to legal stipulations, such as the German Employee Inventions Act (online accessible at http://www.gesetze-im-internet.de/bundesrecht/arbnerfg/gesamt.pdf) or according to your employment contract. This does not apply if your employer has released any content to you in written form.
      5. You may not upload content which is not meant seriously. Such “nonsense entries” are deleted by us.
      6. If you give your opinion when uploading own content, please refrain from wrong statements of fact, defamations and abusive criticisms. You may not discriminate against persons or put them down with obscene or libellous statements.
      7. You may not upload pictures of other persons to our website without their express consent. We may require you to present proof of such consent.
      8. Do not upload files or programmes to our website which are infected with viruses or other programmes, which can be used to damage software, hardware or other security measures of ours or of others, to render them useless or to illegally acquire or damage content of other participants.
      9. Furthermore it is prohibited that you publish content that
        • is propaganda material as defined in § 86 of the german criminal code, whose content is targeted against the free democratic basic order or the understanding among nations,
        • is an indicator of an anticonstitutional organization as defined in § 86 a of the german criminal code,
        • urges hate against parts of the population or against a national, racial, religious or other group which is defined by their folklore, that summons to violent and arbitrary measures against these groups or that attacks the human dignity by insulting, maliciously despising or calumniating parts of the population or a predetermined group.
        • denies or belittles an action that has been committed under the National Socialism regime in a way that disturbs the public peace,
        • describes horrible and cruel atrocities toward humans in any way that glorifies or belittles such atrocities or that illustrates the horrifying and inhumane part of the process in a way that the human dignity is harmed,
        • is a summon or an instruction to commit crimes,
        • glorifies war,
        • violates the human dignity, especially through the illustration of humans who are dying or were or are exposed to severe physical and psychological pain,
        • is pornografic and/or violent, involve the sexual abuse of children or adolescents or sexual actions between humans and animals.
      10. In case we identify that you have, with a high probability, violated one or several of the special rules for uploading content stated in Cypher 2.2., we reserve the right to preliminarily delete all content uploaded by you and to temporarily disable you user account, for as long as you do not present proof that no infringement exists. As long as recurring infringements against the rules stated in Cypher 2.2. stay sufficiently probable we can permanently delete content uploaded by you and permanently disable your account.
    3. You are aware that infringements against provisions stated in this article as well as against legal regulations might result in civil or criminal prosecution or have other legal consequences. In the event of an infringement of these conditions of participation or of legal requirements, we expressly reserve the right to assert our claims before the court and out of the court.
  3. Selection procedure
    1. You may upload own content during the entire period of the respective ideas competition at www.innovationskraftwerk.de. Seven of the most attractive uploaded ideas are selected after expiry of the competition period and the participants who have submitted these ideas are awarded a prize (the “winners”). The number of winners and the size of the prizes are determined by the idea searcher within the idea-competition. This information can be obtained under the section rewards/time schedule.
    2. Depending on the ideas competition, the winners are either selected by a jury which is composed by us or by the idea searcher and/or through a voting of the community members. Information on the composition of the jury or on the community voting procedure can be obtained at www.innovationskraftwerk.de within the according idea competition.

      Every registered person can take part in the community voting procedure.

    3. As long as the voting of previously mentioned cypher 3.2. is conducted by the community, each community member is only entitled to submit a single vote per idea with his or her account. Multiple voting of an idea through one member are prohibited and lead to the exclusion of members from a participation in our idea contests.
    4. When participating in an ideas competition, you agree that the decisions of the jury and/or of the community are final and legally binding. The details of the evaluation of the content submitted by you are not published. Furthermore, you are not entitled to individual feedback or justification of the decisions made by the jury and/or community.
    5. Depending on the ideas competition, the winners will be awarded non-cash or cash prizes. The prizes that can be won are announced at the beginning of the competition period of an idea contest on the website www.innovationskraftwerk.de under the tab "Incentives and Schedule".
    6. You are aware that you are not entitled to a prize. In addition, neither the winners nor the other participants of the ideas competition are guaranteed that the content uploaded by them is used by us, the idea searcher or by a third party in any form whatsoever.
    7. The winners will be published on the website www.innovationskraftwerk.de withing the according idea contest. Furthermore the winners will individually be contacted and informed by us about their win. In case you are stated as a winner on the website www.innovationskraftwerk.de but have not individually been contacted, please let send us an e-mail including yous username, name and your e-mail address to the following e-mail address: contact@innovationskraftwerk.de
  4. Use of "Initiative ideas" after the end of the contest
    1. In some cases we might decide to keep an idea contest open even after its official ending to give the idea givers the possibility to submit ideas proactively also after the contest has ended (called "initiative ideas").
    2. For this purpose we will place the tab "initiative ideas" on the website www.innovationskraftwerk.de by the according contest, where you can submit initiative ideas.
    3. For the submission of "initiative ideas" Cypher II (Registration) and Cypher III. 1. and 2. (rules for uploading content) apply accordingly.
    4. There will be no prizes awarded for any initiative ideas you submit.
    5. In the event that you post an “initiative idea” you shall thereby according to Cypher VI irrevocably and unconditionally grant us the exclusive and transferable right to use and to exploit this content in an unrestricted manner as regards time, content and space in any known or unknown forms of exploitation as well as to let them be used and exploited in this way.
    6. In case we do not inform you accordingly that we intend to use your content within (6) months, the rights granted within the foregoing Cypher 4.5. in combination with Cypher VI. will fall back to you after this time frame.
    7. If we do notify you that we intend to use your content, we will cover any questions that might arise regarding the usage of the initiative idea and we will possibly agree on an adequate compensation with you on the basis of an individual contract.
    8. Cypher III. 3.1. until 3.5. (Selection procedure), Cypher VII. (Withdrawal of rights) and Cypher VIII. (compensation) of these terms and conditions do not apply for the submission of initiative ideas.

IV. Responsibility and exemption

  1. You are responsible for the content uploaded by you. Therefore, you must ensure that the content uploaded by you does neither infringe legal stipulations nor third party rights. This particularly applies to industrial property rights such as patents, utility patents, trademarks, expert knowledge as well as copyright and design patents as well as moral rights of third parties. You guarantee and are responsible that the content comes from you and that you are entitled to transfer the rights to be transferred, according to these general terms and conditions, and to grant the corresponding usage rights without infringing third party rights.
  2. If claims are asserted against us or the idea searcher by third parties due to the content uploaded by you, you exempt us or the idea searcher from any and all third party claims and the associated costs of an appropriate legal defence and prosecution upon first request, provided that it is your fault.

V. Your cooperation during quality assurance

Even though we check uploaded content we cannot control everything and identify all infringements of these conditions of participation. Therefore, we rely on your cooperation during quality assurance and would be happy if you support us during the assurance of the quality of our offers. Please use the e-mail address

contact@innovationskraftwerk.de

to send us your comments and information relating to quality issues as well as possible infringements of rights by third parties which we will check immediately.

VI. Grant of rights

  1. In the event that you post own content within the framework of any kind of ideas competition, you shall thereby, as long as no other result according to cypher VII. (Withdrawal of rights) arises, irrevocably and unconditionally grant us the exclusive and transferable right to use and to exploit this content as a whole or in parts in an unrestricted manner as regards time, content and space in any known or unknown forms of exploitation as well as to let them be used and exploited in this way.
    1. This shall mean, in particular, that we and/or any third parties to whom we may transfer these rights any further, shall respectively be allowed to disclose, reproduce, distribute, make publically or in any other way accessible as well as to publically make available the content as a whole or in parts in any revised or unrevised, in any physical or virtual form. This shall include, in particular, the right that we or the idea searcher or any third parties may be allowed to develop from your content any kind of product and/or service and that we shall be allowed to use and utilize these results in an unrestricted manner as regards time, content and space in any and all known or unknown forms of utilisation.
    2. Furthermore, this shall also include the right that we or the idea searcher or any third party should register any industrial property rights that may make it appear sensible to us or the idea searcher or the third party that the content posted by you or to the products and/or services developed from this content as a whole or in parts should also be extended, used and licensed to a global extent, if applicable. This shall also include the right to maintain or give up the respective property rights. Insofar as the registration of any property rights should require your participation, you shall support us, the idea searcher or any third parties by producing the necessary declarations, information or documents, if applicable.
    3. Moreover, this shall also include the right to process the content posted by you, as a whole or in parts, however, without this resulting in any possible infringement of any of your personal rights. This grant of rights shall also include, in particular, the right to promote and to market the content posted by you and/or the products or services developed from this content as a whole or in parts.
  2. If you wish your name or username to be mentioned within the use of the content posted by you, you shall be obliged to explicitly state this point when you post your content. You should be aware of the fact, however, that any indication of names shall not be necessary if we, the idea searcher or any third parties created (by free access) any new, independent works from the content posted by you.

VII. Withdrawal of rights

  1. During the runtime of a contest
    1. During the runtime of a contest you can at any time freely withdraw your ideas and thereby withdraw the rights to your own posted content that were granted according to Cypher VI.
    2. The withdrawal of rights can be performed on the website www.innovationskraftwerk.de by clicking on the "RIGHTS WITHDRAWAL" button by the according contest. In case you take advantage of this possibility, you will receive an e-mail from us that confirms that your idea, and the rights to your posted content that were granted according to Cypher VI, have been withdrawn.
  2. After the contest
    1. Winners

      If your posted content has not been used by us or the idea searcher within one year, you are entitled to withdraw the rights that have been granted or transferred according to Cypher VI. and Cypher VII. 1.2. However withdrawal is only possible if you send us an e-mail to the address

      contact@innovationskraftwerk.de

      and apart from announcing the withdrawal determine an appropriate grace period for the use of your posted content.

    2. Non-Winners

      For Non-winners the aforementioned Cypher VII. 1.2. is applicable with the respective stipulation that the right to withdraw posted content can already be conducted starting (6) months after the idea contest has ended.

  3. Acquisition of already registered property rights

    In a case where we or the idea searcher have, according to Cypher VI. 1.2., already registered one or more intellectual property rights on content posted by you, you are able to purchase these rights back from the rightholder, once you have withdrawn the rights to your posted content. Thereby you shall reimburse any expenses that arose for the rightholder during the process of registering the according property right.

VIII. Compensation

  1. Winners
    1. Should you be rewarded with a prize within one of our idea contests, then your compensation for the granted rights according to Cypher VI. shall be completely settled with this non-cash or cash prize if no other result according to Cyper 1.2. arises.

    2. Should the content posted by you be protected by copyright, we or the idea searcher will, if the content is used by us or the idea searcher in such a case agrees on a reasonable remuneration with you. For this it is necessary that you notify us about any change in your contact data that arises after you have posted your own content, immediately.

  2. Non-winners

    If you should not be rewarded with a prize within the idea contest, we or the idea searcher will agree on a reasonable remuneration, in case we or the idea searcher intend to use any content posted by you.

  3. The exploitations that are performed by us or the idea searcher during an idea contest do not represent exploitation of your content according to the aforementioned Cyphers 1 and 2.

IX. Publication Acceptance

  1. In the event that you should post own content on our websites, you shall agree that we or the idea searcher may publish this content on our/their websites together with the name that you submitted to us. This shall also include the right that you, as well as the content that you post on the websites in this scope, if applicable, may feature in media reports.
  2. In the event that the content you post should be granted a merchandize or a cash prize, you shall agree that you will be available, to a reasonable extent, for any kind of advertising efforts in exchange for payment. Any details about this shall be agreed upon between us or between the idea searcher and yourself.

X. Confidentiality

Upon registration on our ideas competition platform, you shall undertake to keep any content posted on our websites or any application for intellectual property rights of which we may inform you confidential, unless they are generally accessible. You shall be obliged to communicate about the respective posted content only with the other participants of the ideas competition platform. The confidentiality period ends two years after the end of the idea contest.

XI. Privacy

Upon registration on our ideas competition platform, you shall undertake to keep any content posted on our websites or any application for intellectual property rights of which we may inform you confidential, unless they are generally accessible. You shall be obliged to communicate about the respective posted content only with the other participants of the ideas competition platform. The confidentiality period ends two years after the end of the idea contest.

XI. Privacy

  1. The data collected by us or the idea searcher within the framework of your participation in any ideas competition shall be used by us exclusively for carrying out the respective ideas competition and the operation of our platform. You can be stored on our platform as long as you have an account. By deleting your account all data provided by you will be deleted.

  2. Google Analytics

    This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States .

    In case IP-anonymisation is activated on this website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transfered to a Google server in the USA and truncated there. The IP-anonymisation is active on this website.

    Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage. The IP-address, that your Browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for your current web browser: http://tools.google.com/dlpage/gaoptout?hl=en.

XII. Final Provisions

  1. Any and all information to be submitted by you in accordance with these conditions of participation, such as, in particular, the modification of your contact details or the notification about the application for property rights, must be sent to the following e-mail address

    contact@innovationskraftwerk.de

  2. These conditions of participation as well as the implementation of the ideas competition shall be exclusively subject to German law.

December 2011

Information for
The Innovationskraftwerk
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