Terms and Conditions
Official Rules for Mercedes-Benz Digital Challenge
These rules (the “Rules”) govern the Mercedes-Benz Digital Challenge (the “Challenge”) organised by BeMyApp (the “Organizer”, “we” or “us”) on the behalf of Daimler AG sponsor of the Challenge (“Daimler AG”,
the “Sponsor”) and sets out the terms and conditions between BeMyApp and each entrant to the Challenge (“Participant” or “you”). A submission to this Challenge constitutes your acceptance of these Rules.
1. How to Enter and the Challenge Process:
The Organizer is proposing the Challenge to individuals or teams of developers, and will award prizes based on the results of judging all valid entries against the criteria established in these Rules. Participants shall submit a product (“Prototype” of an “Application” or “Services”) using one of the 85+ mock APIs, mobile SDKs (iOS and Android), and/or the car emulator via Sponsor’s developer portal https://code.mercedes-benz-challenge.com/.
Submitting an entry is based on completing the following steps:
i. The Challenge will accept entries between Monday, July 10th 2017, 2PM (CEST) and Thursday September 28th, 2017 6PM (CEST), following the process outlined on the Challenge website
ii. Participants must provide a prototype of their app or service accompanied by a short 60 seconds demonstration video (e.g. screencast) of their prototype, demonstrating the solution in action, a short description of the API(s) and SDKs used and a general explanation of why your solution is a winner.
The Participant is welcome to include a written summary of their prototype if they wish, (maximum 1000 words) in the English language. While not required, Participants may also submit images/photos, the platform for which the app is designed, URL to Source Code, video, presentation slides or any other materials they would like the judges to have access to. While judges may reference these materials, they will not be part of the judging score.
Iii. New & Existing Applications: Participants may submit an Application that was newly
created by the Participant for the Challenge, or existed before the Challenge Submission
Period, provided the Application meets all of the Challenge requirements.
Iiii. Data, SDKs, & APIs: Applications may utilize data from publicly available sources in
addition to Mercedes-Benz Portal services, and may integrate SDKs, or APIs, provided the Participant is authorized to use them.
iiiii. The submissions will be reviewed by a panel of judges who shall be selected at the Organizer’s sole discretion. This panel shall select the 3 winning projects. The panel’s decision shall be binding, final and made at their sole discretion in accordance with Article 2 below.
Participants will have to submit by September 28th, 7PM (CEST)
The jury will be selected by the Organizer at its sole discretion and will be composed of 3 (three) to 10 (ten) people. Each member of the jury will objectively judge every project submitted, according to the judging and selection criteria defined below:
The five selection criteria are:
Originality: Includes creativity and originality of the prototype idea, usability, design, and intuitiveness.
Potential Value or Benefits: Includes the degree to which the prototype provides scale
and value (economic or social) to Mercedes or Mercedes’ customers or potential ecosystem.
Use of APIs/SDKs: Includes the extent to which APIs or SDKs services were implemented. How effectively does the application or service make use of the APIs/SDKs? How many features of the SDK are used?
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 overly complex to the user, or reliant on a technology that is not yet on the market.
Prototype Pitch: Includes the clarity and description of what problem the Prototype
addresses, how the Prototype solves the problem, what technology is used.
The members of the jury will meet together to judge the conformity with selection criteria and will rank the candidates according to the criteria quoted above.
There will be one winner, and two runners-up. Judges decisions are final. You may withdraw your submission at any time by notifying the Organizer. If Your submission is withdrawn, Your right to win a prize is terminated.
The Challenge is free and open to both individuals and teams. Contestants must be at least 16, or the age of majority in the jurisdiction where they reside, whichever is older. The Challenge is open to residents of all countries except residents of Iran, North Korea, Sudan, or Syria. Notwithstanding Article 15 below, all national and local laws and regulations of the contestant’s country of residence shall also apply. The following people, however, are not eligible to participate: (a) individuals who are or at any point since July 1, 2012 have been employed by Deloitte Touche Tohmatsu Limited, Daimler AG or any of its direct or indirect wholly or majority owned subsidiaries, BeMyApp Corporation, or Typeform; (b) the immediate family (spouse, parents, siblings, and children) and household members of any those employees or former employees.
The winner of the first prize, or its representative(s) must be able to travel and attend the Web Summit, November 6-9, 2017 in Lisbon (the “Event”) and to take part in showcasing its winning entry on
Mercedes-Benz’s stand, at Daimler AG’s sole discretion, during the Event.
1st prize: in addition to the €15,000 cash prize awarded, the Organizer will provide a budget of €2,000 to the winning team for travel and accommodation expenses of maximum 2 persons, and entry passes to the Event for no more than 2 members of the winning team. If the winner is an individual participant, The Organizer will still provide the €2,000 travel budget and one entry pass to the Event.
The Web Summit passes are not transferrable.
If you are an employee of a corporation, government agency, or an academic institution, you are responsible for ensuring that your participation in the Competition complies with any policies your corporation, agency, or institution may have regarding participation in contests of this type. If we have reason to believe that you violate any of those policies, we reserve the right to prohibit you from participating in the Competition or receiving a prize at any time. We are not responsible for any disputes arising between you and your employer.
4. Entry Requirements
Each submission must be a product (“Prototype” of an “Application” or a “Service”) using one of 85+ mock APIs, mobile SDKs (iOS and Android), and/or a car emulator. Each submission must comply with the requirements set out in these Rules. All entries must be submitted in the English language. You will need access to the internet,
a registered account on the Community Platform (https://community.mercedes-benz-challenge.com/) and the Mercedes-Benz Developer Portal (https://code.mercedes-benz-challenge.com/) with a valid email address.
5. Announcements and Publicity
The final winner’s name and country of residence will be announced on the Challenge website, and other promotional channels, as well as in a public press release to be confirmed. The winner’s names, country of residence, ideas and submissions may be posted and made publicly viewable on Mercedes-Benz Digital Challenge and the Organizer websites including https://community.mercedes-benz-challenge.com/ and any other Daimler AG websites and all its subdomains and social media accounts after the winners are announced. By entering the Challenge, you grant the Sponsor and the Organizer its affiliated companies the unconditional and irrevocable right, except where prohibited by law, to use your name, country of residence and submission for promotional purposes in promoting or publicising the Challenge or further events. The Sponsor,
The Organizer, however, does not have any obligation to use the winning submissions for any purpose. Exploitation of the application or service outside the terms stated in the Rules will be agreed with the winning participant before usage.
The Sponsor and the Organizer does not claim ownership of your submission to the Challenge; but by submitting an entry, you are granting the Sponsor and the Organizer and its affiliated companies worldwide, non-exclusive unconditional and irrevocable rights to publish your name and country of residence, in connection with the Challenge and your submissions (including promotion of the Challenge) and for advertising and promotional purposes (including, but not limited to, in advertisements, press releases, presentations, and trade shows) in all media now known or later developed. You agree to sign any necessary documentation (at the Organizer’s expense) that may be required for the Organizer to enforce or make use of these rights.
Your submission will be made available to third parties publicly and therefore BeMyApp cannot and does not guarantee or warrant its confidentiality. Some intellectual property rights may not be enforceable without registering those intellectual property rights in advance of publication, absence of which may allow third parties to use your ideas without your permission. Please do not submit your entry without considering these implications and, if necessary, seek independent legal advice by speaking to a legal advisor in advance of submission.
7. Participant Warranties
By submitting an entry you warrant that your entry: (a) does not contain any content that infringes any third party intellectual Property (IP) rights, and that you own or otherwise have all rights and permissions necessary for the submission, including, but not limited to, any and all IP rights; (b) does not disclose any information which would constitute a violation of a confidentiality obligation; (c) does not contain any viruses, worms,
spy ware, or other components or instructions that are malicious, deceptive, or designed to limit or harm the functionality of a computer; and (d) is not subject to license terms that require any software or documentation incorporating or being derived from your contributions to be licensed to others.
All Prize details will be determined by the Organizer in its sole discretion. Three prizes will be awarded.
Prizes will consist of:
The winning prototype first prize will be awarded 15,000 Euros, TWO entry passes and 2,000 Euros travel budget for TWO participants to attend the Web Summit in Lisbon, Portugal during November 6-9, 2017.
The winners are not required to stay for the entire duration of the Event; however, they are required to attend and fully participate for at least 2 days of the Event, as specified by Daimler AG in its sole discretion.
The winning participants who will attend the Event must have a valid passport and have filed all the necessary paperwork such as VISAs, which is their own responsibility, as well as any additional fees that may be incurred as a result. Food expenses for the meals and transportation in Lisbon, Portugal, are at the winner’s sole responsibility. The entrance fees to attend the Event shall be paid by Daimler AG for up to 2 members of the winning team.
The winning prototype second prize will be awarded 6,000 Euros.
The winning prototype third prize will be awarded 3,000 Euros.
Apart from prizes offered as part of the Challenge, no monetary compensation will be paid for any reason including any Challenge submission.
Participants are allowed to submit multiple projects, however, only one project will be eligible for winning a prize. If the participant wins a prize in 2 or more categories with multiple projects, the category prize with the highest value will be awarded.
9. Prizes – Claiming
The winners will be notified via email and phone call within the week following the winners announcement on October 9th. A second follow up notification via email and phone call within 2 weeks will occur if no response is received by the Organizer from the date of the first notification. If after 1 (one) day of the second notification to the winner no acknowledgement or response is received from the participant, the participant’s right to the prize shall be forfeited, and the Organizer will select another winner. The winner may be required to provide any information or complete any documents reasonably required, including, but not limited to, an Eligibility Confirmation and a Liability/Publicity Release (unless prohibited by law) or provide other proof of identity. The required information or documentation must be returned within 3 (three) days of a winning participant’s receipt of these documents or the Organizer’s request for such information. Non-compliance with any of these requirements may result in disqualification, in which case an alternate winner may be chosen.
10. Prizes – Delivery
The winner will need to be available at a specified date prior to the Event for the purpose of having a pre-event briefing via telephone. The purpose of this briefing will be to ensure all logistics, introductions and preparation are made ahead of attending the Event. In the event the winner is not able to attend the Event, the winner will forfeit the prize and another winner will be chosen. The €2,000 travel budget will be sent to the winner within the October month if the necessary forms and identification are provided on time. The €15,000 prize money will be sent to the winner within three months of the receipt of all necessary forms and identification.
Second and Third prizes:
The prize money will be sent to the winners within three months of the receipt of all necessary forms and identification.
Each member of the winning teams is solely responsible for paying income taxes on the awarded prize.
11. Taxes and costs
The winner accepts responsibility for any and all taxes, duties and fees in connection with the prizes as may apply. BeMyApp and any of its affiliates accept no responsibility or liability whatsoever for taxation, except as required by law and the participant expressly releases BeMyApp from the same. The prize excludes any associated costs and expenses which may be incurred in taking up the prize, other than as specified in Section 8.
12. COMPLIANCE CERTIFICATION
BeMyApp is committed to compliance with all applicable laws, regulations, policies and ethics rules.
This notice is intended to ensure that your
participation in this Challenge will not violate any such laws, regulations, policies or rules. BeMyApp seeks no promises or favouritism for itself or any of its affiliates in exchange for your opportunity to participate in the Challenge. By entering the Contest, (i) you agree that your participation in the Challenge – including your acceptance of any potential prize – will not violate any law, regulation, policy or rule of your country, state or government agency; and (ii) you certify that any potential prize is not in exchange for an agreement to influence a recent, pending or anticipated act or decision that may result in BeMyApp’s obtaining or retaining business or a business advantage.
13. Sponsor’s Warranty Disclaimers
To the fullest extent allowable by law, the Organizer specifically disclaims any liability, terms, conditions, representations or warranties, express or implied, regarding the Challenge or the prizes including any implied warranty of non-infringement, merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance and by participating participants expressly and unconditionally accept this and release BeMyApp from the same.
(a) the Organizer does not attempt to exclude or limit its liability 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 it would be illegal for the Organizer to exclude or limit. This section 14(a) applies regardless of the other terms of these Rules. (b) The Organizer, its affiliates, partners, subsidiaries, officers, directors, agents, employees and all entities associated with the development and execution of this Challenge are not responsible for any other liability or loss including: (i) lost, late, misdirected, damaged, or illicit submissions, or for Internet, computer hardware and software, phone, and other technical errors, omissions malfunctions, and delays; and/or (ii) incorrect or inaccurate entry information, whether caused by you or any other persons or by any of the equipment or programming associated with or used in the Challenge. This means that the Organizer, the group of companies to which it belongs, and companies and individuals associated with BeMyApp and the Challenge are not responsible for you: (i) because your entry is not received, is damaged or is received late, or for communication networks failures or other external factors; and/or (ii) if any information in your entry as received by the Organizer is inaccurate. (c) To the extent permitted by applicable law Sponsor, its affiliates, partners, subsidiaries, officers, directors, agents, employees and all entities associated with the development and execution of this Challenge are not responsible for any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Challenge or downloading any materials in this Challenge .This means that to the extent explicitly allowed by law, the Organizer, the group of companies to which it belongs, and companies and individuals associated with BeMyApp and the Challenge are not responsible for you for damage to your or someone else’s computer as a result of your participation in the Challenge or because you downloaded information in connection with the Challenge. (d) Except as set out in section 14(a) and subject to sections 14(b) and 14(c) the Organizer’s entire cumulative aggregate liability arising out of or in connection with the Challenge and your sole and exclusive remedy will be limited to a distribution of the equivalent amount of prizes as set forth above...
15. Governing Law and Jurisdiction
The Challenge and these Rules, and any dispute or claim arising out of or in connection with the Challenge or these Rules (whether arising under contract, tort – including negligence – or any other form of legal theory), will be governed by the laws of France. However, the laws of your country of residence shall in addition apply where mandatory. Any claim arising out of or in connection with the Challenge or the Rules shall be subject to the jurisdiction of the courts of France. Submissions must not contain any infringing, illegal, gambling, pornographic or immoral material and participant’s indemnify BeMyApp for any liability from any such illegal or infringing submission.
17. Changes to these Rules
The Organizer may make changes to these Rules in the event that a circumstance outside of the Organizer’s control means that a change is necessary (for example including but not limited to, a change in the law) at any time by posting the updated terms at http://www.mercedes-benz-challenge.com. Contributing to the Challenge or accepting prizes will constitute acceptance of the revised rules. You may withdraw from the Challenge at any time; if you withdraw from the Challenge you will not be eligible to receive a prize. These Rules prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. The most current version of the Rules will be available at http://www.mercedes-benz-challenge.com.
The Organizer reserves the right, at its sole discretion, to modify, suspend or cancel the Challenge without liability in the event that: (a) any portion of the Mercedes-Benz Digital Challenge website or any website used to administer any aspect of the Challenge becomes technically corrupted; (b) if otherwise, for reasons beyond the Organizer’s control (including, but not limited to, tampering or computer virus infection), (c) the Challenge is not capable of running as originally planned; or (d) a participant is found to have violated the Rules.
19. Compliance with Rules/Disqualification
All participants agree to comply fully with each provision in these Rules. Any person attempting to defraud or in any way tamper with this Challenge, any person who does not comply with these Rules and any person acting in an unsportsmanlike or disruptive manner judged by BeMyApp at its sole discretion may be disqualified and be ineligible for any prize(s). Any attempt by any person to deliberately undermine the legitimate operation of the Challenge may be a violation of criminal and civil law, and, should such an attempt be made, the Organizer reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. The Organizer’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
20. Questions and Complaints
For any feedback, questions or complaints regarding the Challenge or the prizes you can contact Madeline Siem by email (email@example.com).