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"PowerUp! 2017" COMPETITION REGULATIONS

"PowerUp! 2017" COMPETITION REGULATIONS

1. DEFINITIONS
1.1 Capitalized phrases used in these Regulations, shall have the meaning set out below:
a) The Organizer - CC POLAND PLUS Spółka z ograniczoną odpowiedzialnością (Limited Liability Company) with its registered office in Kraków, at 84, Czerwone Maki Str., 30-392 Kraków, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Department of the National Court Register, under KRS number 0000409342, REGON: 122437998, NIP: 6772365070, with the share capital of PLN 202,490.40 (one hundred and five thousand two hundred fifty zloty 40/100);
b) Partner - Planet PR Spolka z ograniczona odpowiedzialnoscia (Limited Liability Company) with its registered office in Krakow, Kościuszki 40/6, 30-105 Kraków, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Department of the National Court Register, under KRS number 0000521348, REGON: 123195103, NIP: 6762478944, with the share capital of PLN 126,000.00 (one hundred twenty six thousand zloty 00/100);
c) Regulations - these regulations;
d) Contest - a competition organized under the name ‘PowerUp! 2017’ under the principles set out in the Regulations;
e) Contest Website - website under the address: powerup.innoenergy.com;
f) Project - a description of an innovative idea in the area of sustainable energy, in the contest Form;
g) Participant - a natural person having full capacity to perform legal acts, including a natural person involved in business, as well as a legal person and organizational unit without legal personality, to whom the law has granted legal capacity, resident or established in one of the following countries: : Albania, Armenia, Bosna-Herzegovina, Bulgaria, Croatia, Cyprus, Montenegro, Czech Republic, Estonia, Greece, Georgia, Lithuania, Latvia, Macedonia, Moldova, Poland, Romania, Serbia, Slovakia, Slovenia, Turkey, Ukraine and Hungary; which has made a proper Contest entry by sending the Form;
h) The Form - application form, available on-line on the contests website, allowing the Participant to make through this website an application to participate in the Contest;
i) Regional Jury - Jury appointed by the Organizer for each of the countries: Bulgaria, Croatia, Chech Republic, Estonia, Greece, Lithuania, Latvia, Serbia, Turkey, Ukraine, Slovakia, Slovenia, Romania, Poland, Hungary, including 3 - 6 persons each, the aim of which is to qualify the best projects to compete during the Final of the Contest;
j) Contest Jury - a jury appointed by the Organizer, including 5 - 10 persons, the aim of which is to select three Contest finalists during the Final Gala;
k) Final Gala of the Contest - an official gala organized to select finalists;
l) Regional Gala of the Contest - an official gala organized to select regional finalists of the Contest, who will be qualified to take part in the Final Gala of the Contest;
m) The Work - a project, as well as each of its items, which is a manifestation of creative activity of individual character, set in any form, regardless of its value, purpose and manner of expression, protected under the Act on Copyright and Related Rights of 4 February 1994 (Dz. U. /Journal of Laws/ of 2006, No 90, item 631, as amended.).
n) KIC InnoEnergy – KIC InnoEnergy is a company established in accordance with the dutch law, located in Kennispoort, John F. Kennedylann 2, 5612 AB Eindhoven in Holland and registered with the trade register with the Dutch Chamber of Commerce under the file number 51418886, founded by a group of european entities and organisations and appointed by the European Institute of Innovation and Technology (EIT) to be the Knowledge and Innovation Community. KIC InnoEnergy's mission is to drive the growth and innovation in the field of sustainable energy. In order to achieve this, KIC InnoEnergy comprises all components of the knowledge triangle: entrepreneurship, research and higher education. KIC InnoEnergy is strongly supported by EIT. Among the  KIC InnoEnergy shareholders there are 27 major european industrial enterprises, research institutes and univeristies. Over 70 organisations participate in the  KIC InnoEnergy's industrial programme. Most of the  KIC InnoEnergy's tasks are performed by 6 regional offices called the nodes, which are fully controlled by KIC InnoEnergy. One of these nodes is CC Poland Plus sp. z o. o. located in Kraków, Poland.
o) BCSA – Business Creation Service Agreement with appendixes, i. e. provisions specific for the relevant Co-Location center, definition of the project, generic overview of draft of Business Creation Services for the KIC InnoEnergy Highway (for reference purposes only), draft of Roadmap, draft of Term Sheet for Participation Agreement concluded between KIC InnoEnergy and the Participant and which regards the KIC InnoEnergy supporting services for the entrepreneurs and companies during transformation of their ideas, researches and development into successfully functioning products and services, creating at the same time new, innovative business projects in four aspects of a business venture (technology, market, human resources and finances). KIC InnoEnergy will not charge the Participant for the above mentioned services. As a payment for the services the Participant undertakes to grant the KIC InnoEnergy 15% of the share capital of the legal entity which will be established in order to carry out the project or of the existing company carrying out the project.


2. GENERAL PROVISIONS
2.1 The Organizer of the Contest is CC POLAND PLUS Sp z ograniczoną odpowiedzialnością (Limited Liability Company) with its registered office in Kraków, at 84, Czerwone Maki Str., 30-392 Kraków, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków, 11th Commercial Department of the National Court Register, under KRS number 0000409342, REGON: 122437998, NIP: 6772365070, with the share capital of PLN 202,490.40 (one hundred and five thousand two hundred fifty zloty 40/100)), operating in the area of sustainable energy in the framework of the KIC InnoEnergy Consortium in a pan-European scale, together with three other companies, located in different EU Member States (Sweden, Spain, Germany), in which KIC InnoEnergy SE, based in Eindhoven, the Netherlands, has the status of shareholder. The main subject of its activity is to coordinate and manage activities carried out within the framework of Polish KIC InnoEnergy Knowledge and Innovation Activities, by initiating, implementing and managing projects in the area of sustainable energy in the field of innovation, business creation and education
2.2 The partner of the contest is Planet PR sp. z o. o. with its registered office in Kraków, Kościuszki street 40/6, 30-105 Kraków, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Department of the National Court Register, under KRS number 0000448243, REGON: 122769022, NIP: 6793088842, with the share capital of  PLN 126,000.00 (one hundred twenty six thousand zloty 00/100).
2.3 The contest will be conducted under the name of „PowerUp! 2017”.
2.4 The Organizer is promising a prize in the meaning of Art. 921 Civil Code.
2.5 The Competition will be conducted on the basis of the Rules. The Organizer reserves the right to change the Regulations, provided that the changes do not violate the rights of the Participants of the Contest in the following cases:
    • in the event of a change in the law affecting the content of the Regulations;
    • in the event of a decision by a competent administration or judicial decision affecting the content of the Regulations;
    • if necessary to improve the handling of the Participants;
    • if necessary to clarify the interpretative doubts concerning the Regulations.
2.6 In case of changes mentioned in sec. 2.5 above, they will be made public on the Website of the Contest.
2.7 The Contest is addressed to creators, with a development potential, who are seeking support for their projects, including owners of micro and small enterprises who already have innovative product/service/technology and seek further support in their commercialization or who already generate revenue from their business activity and are looking for capital to fund further growth and development.
2.8 The aim of the Contest is to select the best Projects.
2.9 The contest is regional and includes following countries: Albania, Armenia, Bosna-Herzegovina, Bulgaria, Croatia, Cyprus, Montenegro, Czech Republic, Estonia, Greece, Georgia, Lithuania, Latvia, Macedonia, Moldova, Poland, Romania, Serbia, Slovakia, Slovenia, Turkey, Ukraine and Hungary.
2.10 This Contest is not a game of chance within the meaning of the Act of 19 November 2009 on gambling.

3 PARTICIPANTS
3.1 Participants in the Contest may be natural persons having full capacity to perform legal acts, including natural persons conducting business activities, legal persons and organizational units without legal personality, to whom the law has granted legal capacity.
3.2 Participant in the contest may be any hereby appointed person, if his/her residence or registered office in in the territory of one of the following countries: Albania, Armenia, Bosna-Herzegovina, Bulgaria, Croatia, Cyprus, Montenegro, Czech Republic, Estonia, Greece, Georgia, Lithuania, Latvia, Macedonia, Moldova, Poland, Romania, Serbia, Slovakia, Slovenia, Turkey, Ukraine and Hungary.
3.3 Employees of the Organizer and the Partner and members of their families may not participate in the Contest. The following persons are considered members of the family: ascendants, descendants and spouses.
3.4 Moreover, in the Contest cannot participate the companies (persons), which:
    • during its term are covered by the KIC InnoEnergy SE financial support under any contract,
    • have benefited from such support within 1 year prior to entering the Contest
    • in the previous edition of the Competition they were qualified for the final.
3.5 Participation in the Contest is synonymous with adherence by the Participant to the Regulations in whole. The Participant agrees to comply with the principles laid down therein as well as confirms that he/she meets all the conditions that entitle him/her to participate in the Contest.
3.6 Participants shall act in person, by authorized representatives or by representatives with the power of attorney given in writing under the pain of invalidity. The Organizer may require the representative or attorney to submit the original document confirming the authority to act on behalf of the Participant under pain of refusing the possibility of further representation of the Participant in the Contest.
3.7 Participation in the Contest is voluntary.

4 PARTICIPATION TERMS AND CONDITIONS
4.1 The task of the Competition is to create the best, most innovative and most interesting Project.
4.2 Properly completed and sent Form is a condition to participate in the Contest.
4.3 In case of legal person or an organizational unit without legal personality, to whom the law has granted legal capacity, a person sending the Form declares that it is empowered to act on its behalf in the application for the Contest.
4.4 Each Form can only refer to a single Project. A Participant may submit only one Project.
4.5 The Form and any information submitted by a Participant should be formulated in English language.
4.6 Registering the Participant for the Contest occurs in the moment of sending the completed Form. The Participant shall receive confirmation of registration and acceptance of the application to the email address indicated in the Form.
4.7 In order to participate in the contest it is required to submit a written declaration of intent to conclude BCSA with the KIC InnoEnergy by signing two copies of the relevant agreement and delivering them to the Organizer. After the formal and substantive evaluation of the applications the Participant will receive a notification regarding the results of the first stage of the contest and content of the BCSA agreement, if selected for the next stage. In order to participate in other stages of the contest, the Participant is obliged to provide two signed copies of the BCSA  to the Organizer or another appointed party to the address provided on the notification and until 25th September 2017. Delivery date is the day when the Organizer or the appointed person collected the consignment. The Participant is allowed to contact the Organizer in order to present the conditions of the conclusion and execution of the BCSA.
4.8 KIC InnoEnergy is entitled to submit a written declaration of intent to conclude the BCSA with the Participant providing the signed copies of the agreement not later than 3 months after the Final Gala on the contest and delivering on copy to the Participant. KIC InnoEnergy is entitled to submit a written declaration of intent to conclude the BCSA with the Participant from the day of delivery of the signed copies by the Participant.
4.9 In case it is necessary to contact a Participant with respect to the Contest, the Organizer or the Partner shall use the contact details provided in the Form. The Organizer and Partner shall not be liable for the consequences of the incomplete or inaccurate contact details of the Participant if, despite due diligence, contacting the Participant was impossible or disproportionately difficult.

5 PROCESSING AND PROTECTION OF PARTICIPANTS' PERSONAL DATA
5.1 Personal data provided to the Organizer by Contest Participants and by their representatives shall be processed by the Organizer from the moment of sending the Form by the entity wishing to take part in the Contest. Personal data provided to the Organizer shall be processed exclusively for the purpose of the Contest in extent necessary to this end, in accordance with the Act of 29 August 1997 on the Protection of Personal Data (consolidated text - Journal of Laws of 2002 No. 101, item 926, as amended).
5.2 Participant's application to participate in the Contest shall occur by sending the Form, what includes expression of the Participant's consent to processing of personal data for the purposes set out in section 5.1 of the Regulations and their consent to use of their image recorded on behalf of the Organizer or the Partner (audiovisual recording) during the Contest for the purpose of promoting the Contest and its next editions.
5.3 The Organizer may, according to a subjective assessment, select any number of Participating Projects to be pre-evaluated within the KIC InnoEnergy Highway® process. Through the Highway® project, KIC InnoEnergy supports entrepreneurs in enhancing their technological capabilities, developing business models, building expert teams, and providing access to finance. In addition, KIC InnoEnergy's Highway® project provides for entrepreneurs many value-added services. KIC InnoEnergy is engaged in the search for the first customer, and instead of requiring payment, invests by equity in those new companies known to be able to really make visible changes. Qualification of the Project for the indicated process is confirmed by KIC InnoEnergy submitting a statement of will to sign BCSA with the Participant and enables Participants to obtain financial and substantive support from KIC InnoEnergy Highway® in the implementation of their Projects.
5.4 Contest Participants shall have the right to access the content and to correct it.
5.5 Provision of personal data in the Form on the Contest Website is voluntary, but is essential to participate in the Contest.
5.6 The data administrator shall be the Organizer.
5.7 The Organizer of the Contest shall not be entitled to use personal data, provided by the Participants, for any other purpose than that stated in sections 5.1-5.3 of the Regulations.

6 DATE OF THE CONTEST
6.1 The contest shall be carried out from  19th June 2017 until  30th November 2017 in the following stages:
    Stage I: 19th June 2017 – 25th September 2017,  
    Stage II: 26th September 2017 – 31st October 2017,
    Stage III: 1st November 2017 – 30th November 2017.
6.2 The schedule of the Contest is posted on the Contest's Website.

7 CONTEST JURY
7.1 For the purposes of the Contest fifteen (15) boards of Regional Jury shall be set up in the following countries: Bulgaria, Croatia, Czech Republic, Estonia, Greece, Lithuania, Latvia, Poland, Romania, Serbia, Slovakia, Slovenia, Turkey, Ukraine and Hungary; as well as the Contest Jury, which shall perform selection of finalists. The Contest Jury shall asses the Participants during the Final Gala of the Contest.
7.2 Each Regional Jury and the Contest Jury shall consist of the Jury Chairperson and other members.
7.3 The Regional Jury and the Contest Jury shall be chosen by the Organizer.
7.4 The Chairperson of each Jury shall be also a Juror and shall take part in voting.
7.5 The Chairperson shall supervise the work of other members of the Jury and ensure compliance with the Regulations.

8 STAGES OF THE CONTEST
8.1 Stage I of the Contest, referred to in paragraph 6.1. a) of the Regulations shall include:
a) notification of the projects submitted by the Participants, by completing the Form on the Contest's Website and sending it to the Organizer on-line. Applications can be sent from 19th June 2017 00:01 AM until 11th September 2017 11:59 PM;
b) formal selection and substantive pre-selection of applications, including possible informing the Participant about the need to fill the gaps in the application and determination of the deadline to complete, which may not be less than 7 days. The Project may be rejected if it does not comply with the following requirements:
has been submitted after the deadline specified in paragraph a) above,
    the Form is incomplete,
    the Project is not related to the area of energy,
    the Project is not innovative;
c) qualifying applications that meet the formal and substantive requirements to the next stage of the Contest;
d) notification of the  Participants about the results of the first stage of the Contest and the delivery to the Participants accepted to the second stage of the BCSA contest via e-mail;  
e) delivery by the Participants accepted to the second stage of the contest correctly signed copies of the BCSA to the Organizer or the appointed party within the time frame described in paragraph 4.7 of the Regulations.
8.2 Stage II of the Contest, referred to in paragraph 6.1.  b) of the Regulations includes:
a) division of applications qualified for the second stage of the Contest and assigning individual Projects to the locally appropriate Regional Jury. The Regional Jury shall be appointed in the following countries: Bulgaria, Croatia, Czech Republic, Estonia, Greece, Lithuania, Latvia, Poland, Romania, Serbia, Slovakia, Slovenia, Turkey, Ukraine and Hungary. Participants from outside the  fifteen mentioned countries will be notified by the Organizer which Regional Jury accpted them;
b) involvement of the Participants qualified for the second stage of the Contest in workshops improving their skills in presentation of their Projects and in creation of their business concept. These workshops are intended to prepare the Participants to present their Projects at the Regional Gala of the Contest. Participants shall be informed via e-mail about the date and place of the workshop. During the workshops the Regional Jury select  Participants who will be qualified to take part in the  Regional Gala of the Contest. The Organizer may appoint other people for the Regional Jury of the Regional Gala of the Contest than during workshops;
c) presentation of ideas by the Participants qualified in accordance with point b) above, at the Semifinal Gala of the Contest, which will be organized in each country in which the Regional Jury was appointed:
    • Participants shall present their Projects to the Regional Jury;
    • each Participant shall have four minutes to present their Project;
    • after the end of a presentation, the Regional Jury shall have the right to ask questions, to which the Participant shall immediately respond (time for asking questions and providing answers is approximately 3 minutes);  
d) selection of finalists of the Contest:
    • after  all presentations, the Regional Jury shall discuss and select  one finalists. In total the Regional Juries shall select fifteen (15) semifinalists of the Contest;
    • Contest results shall be announced during the Regional Galas of the Contest for all persons involved therein, and posted to the Contest's Website and the finalists will be qualified to the third stage of the Contest.
8.3 Stage III of the Contest, referred to in paragraph 6.1.  c) of the Regulations includes:
a) involvement of the Participants qualified for the third stage of the Contest in workshops improving their skills in presentation of their Projects and in creation of their business concept. These workshops are intended to prepare the Participants to present their Projects at the Final Gala of the Contest. Participants shall be informed via e-mail about the date and place of the workshop.  
b) presentation of ideas by the Participants qualified by the Regional Jury to the third stage of the Contest at the Final Gala of the Contest:
    • Participants shall present their Projects by the Contest Jury consisting of representatives of the Organizer and the following communities: investment funds, universities, institutions supporting entrepreneurship and participants of the Final Gala of the Contest;
    • each Participant shall have four minutes to present their Project;
    • after the end of the presentation, the Contest Jury shall have the right to ask questions, to which the Participant shall immediately respond (time for asking questions and providing answers is approximately 3 minutes);
c) selection of finalists of the Contest:
    • after the end of all presentations, the Contest Jury shall go to the council and by voting shall select three (3) finalists. Voting shall take place by the point scale from 0 to 3 for each Participant, where 3 is the highest score. Members of the Contest Jury may grant only full points. In the event if more than one project is given the same number of points, the vote of the Chairperson of the Jury shall be deciding. While assessing the presented Projects, the Contest Jury shall take into account in particular:
        I business potential of the Project
        II innovativeness of the Project
        III substantive content of the Project,
        IIII quality of the Project pitch;
    • three Participants who will receive the highest number of points will be the finalists of the Contest and will be granted the first, second and third place;
    • Contest results shall be announced during the Final Gala of the Contest for all persons involved therein, and posted to the Contest's Website and Contest finalists shall be officially awarded prizes, in accordance with section 9 of the Regulations.
8.4 In case a Participant is qualified to the second of third stage of the Contest, the Participant is obliged to confirm their participation in this stage not later than within 7 days before the planned event, that is, respectively, before the presentation, participation in the workshops and the Semifinal Gala and the Final Gala of the Contest.
8.5 The Organizer shall cover the costs of:
    • transport, accommodation and meals for the persons qualified to the Regional Gala  of the Contest (will be presenting their projects at the Regional Gala), however only if the Gala will take place in other country that their residence and to the extent required to participate in the  Regional Gala,
    • transport, accommodation and meals for the Participants admitted to the final of the contest (will be presenting their projects during the Final Gala), to the extent required to participate in the Final Gala.
8.6 The above-mentioned costs shall be covered in the following manner: the Organizer shall purchase the services in advance and transfer all documents and information required to correctly use the purchased services to the Participants. Organizer shall cover no other costs, including the accommodation and costs of transport to arrive at the Regional Gala other than the costs mentioned in paragraph 8.5 a).

9 AWARDS
9.1 The Organizer is the Founder of awards in the Contest.
9.2 The Contest Jury shall award prizes in the following amounts:
    • for the first place - EUR 20,000 gross (in words:  twenty thousand euros gross)
    • for the second place - EUR 10,000 gross (in words:  ten thousand euros gross)
    • for the third place - EUR 5,000 gross ( five thousand euros gross).
9.3 Prizes shall be awarded in accordance with the provisions of the Act on the personal income tax of 26 July 1991 (consolidated text - Journal of Laws of 2012, item 361), i.e. in the case of winners who are legal persons not running business, the Organizer, being  a tax payer, shall make tax deduction on the amount of the prize in amount equal to the flat rate of income tax on prizes (10%) and shall make a payment of the prize in the amount reduced by the amount of the tax. However, the winners performing a business activity shall be required to self-settlement of tax on prizes in accordance with the provisions of applicable law, and therefore, the Organizer shall make a gross payment of the prize.
9.4 In the case of Participants who are not Polish tax residents domiciled or established outside the territory of the Republic of Poland, for which, under bilateral international agreements for the avoidance of double taxation, the prize in the Competition is taxable in a country other than the Republic of Poland where the Participant is domiciled or resident, The prize proceeds should be settled by the winner in the state of his tax residence. In such a case, the Organizer shall not deduct the amount of tax, provided that the Participant demonstrates his / her tax residence immediately in a country other than the Republic of Poland. Otherwise, the Participant is required to file the IFT-1R Form to the appropriate tax authority, which may result in double taxation.
9.5 Prerequisites for awarding a Participant who is not resident in the Republic of Poland is to provide the Organizer with the data necessary to fill block C from the IFT-1R form.
9.6 The total amount of the prize pool in the Contest amounts EUR 35,000 gross (thirty five thousand euros gross).
9.7 Additionally, Participants who will be qualified to take part in the third stage of the Contest (finalists) can be directed to a preliminary assessment as part of the KIC InnoEnergy Highway® process. Eligibility of the Project to the specified process allows the finalists to apply for the financial and substantive support in the implementation of their Projects. At its own discretion, the Organizer may direct the Project to the preliminary assessment and basing on internal criteria of eligibility to the KIC InnoEnergy Highway® process.

10 COMPLAINTS PROCEDURE RULES
10.1 The Participants should submit all complaints concerning the conduct of the Contest in writing during the Contest, within 21 days of the Final Gala of the Contest, during which the Jury will select the finalists.
10.2 The written complaint should be sent by registered mail to the address of the Organizer: CC Poland Plus Sp. z o.o. with its registered office at the address: ul. Czerwone Maki 84, 30-392 Krakow, with a note "COMPLAINT - PowerUp! 2017" or via e-mail to the following address: powerup@innoenergy.com
10.3 The complaint should include: the name, address and exact address of the participant, the reason for the complaint and the content of the request.
10.4 Complaints shall be considered within 14 days from the day of receipt by the Organizer. The Organizer's decision on the complaint shall be final and binding. The Participant shall be informed about the Organizers' decision by letter sent to the address specified in the complaint within 7 days from the date of the complaint.

11 INTELLECTUAL PROPERTY RIGHTS
11.1 By submitting your participation in the Contest, the Participant declares that is an owner of all rights of intellectual property to the Work, unencumbered or unrestricted by the rights or claims of third parties, in particular copyright to the Work under the Act on Copyright and Related Rights of 4 February 1994.  
11.2 In the event if any third party files any claims against the Organizer or the Partner, both of pecuniary and non-pecuniary nature, including claims concerning the copyright, the company, trade mark protection, infringement of provisions on unfair competition, violation of personal rights or violation of other legal regulations, related indirectly or directly to Projects submitted by Participants in the Contest, the Participant shall be obliged to release the Organizer and the Partner from any liability by taking all actions permitted by law, if the source of a third party claims is improper performance of Participant's obligations arising from participation in the Contest.
11.3 The Organizer reserves the right to require additional documents confirming that the Participant is owner of all intellectual property rights referred to in item 11.1 above.

12 FINAL PROVISIONS
12.1 The Regulations are the only document defining the rules of conducting the Contest.
12.2 The Regulations of the Contest are posted on the Contest's Website.
12.3 At the request of the Participant, the Regulations may be sent by post under the condition that a return self-addressed envelope with a note REGULATIONS – PowerUp! Competition with a postage stamp shall be sent to the Contest Organizer's address.
12.4 The relevant Civil Code provisions shall be applicable to matters not covered by the Regulations.
12.5 These Regulations shall be governed and interpreted in accordance with Polish law.