Terms and Conditions for Participation in the CLOUDSCAPE.ES AWARD Contest

§ 1 Recitals

The terms and conditions herein below (the T&Cs) shall apply to the contest under the name CLOUDSCAPE.ES AWARD (“the Contest”) performed by TRANSSOLAR Energietechnik GmbH (“the Issuer”).

The contest will take place in the period commencing on September 15, 2010 through December 30, 2010. Any form of participation in the Contest shall be subject to the T&Cs herein below.

§ 2 Issuer and Subject of the Contest

The Contest is being performed by the Issuer, it being understood that sponsors of the contest shall not be regarded as Issuers under any aspect.

The subject of the Contest shall be the preparation and evaluation of an architectural study pertaining to building skin design („Gebäudehüllengestaltung“) the format and technical requirements of which shall be further described in Attachment 1 hereto, hereinafter referred to as “the Contribution”.

The prizes to be awarded to the successful participants shall be money prizes. The issuer reserves the right to amend the prize sums and the number of drawings without prior notification of the participants being required.

§ 3 Participation

1. Participation in the Contest shall require a full and valid prior registration using the registration form on the website http://cloudscap.es/user/register. Participation shall solely be in the form of posting the Contribution on the related blog contained in the above website in accordance with the applicable timeline and in the format further described in Attachment 1.
2. Contributions shall be posted using the registration form on the above website before the expiration of the deadline for each individual drawing.
3. Any employees or members of corporate bodies of the Issuer or a sponsor or their relatives by birth or marriage shall not be eligible for participation. The same shall apply for persons related to one or more of the members of the Jury by birth or marriage.

§ 4 The Jury

The successful participant in each individual drawing shall be awarded the prize by the sole, final and discretionary decision of a panel of arbitrators (“the Jury”). The Jury shall consist of eight members. The members of the jury shall be appointed by the Issuer. The Jury shall elect one of its members to be the chairperson.

Decisions of the Jury shall be taken by the simple majority of votes cast. In the event of a tie of votes, the vote of the chairperson shall be decisive.

The decisions of the Jury shall be final. Any recourse or other legal action to either courts or other bodies of jurisdiction/arbitration shall be expressly excluded and waived for by the participants upon acceptance of the present T&Cs.

The Issuer shall be free to withdraw and appoint members of the Jury at its discretion.

§ 5 Prerequisites for Participation

Each participant shall accept the T&Cs contained herein and shall for the sake of order declare such acceptance in the course of his or her registration.

Eligible for participation shall only be natural persons of legal age (18 years or older). Participation shall be restricted to the submission of one (1) contribution per drawing.

Also admissible for participation shall be groups of several individual persons, however, with the proviso, that all rights and obligations have been transferred to one individual Participant as legal representative, who is the bearer of the rights and obligations of such group in his or her own name but for the account of the group.

Persons set out in § 3.3 above shall be excluded from participation.

Any Contribution shall only be admissible if the participant is the owner of full right and title unrestricted by any rights of third parties in both, the Contribution itself and the underlying works. In this respect, the Issuer shall be entitled to request from participant inter alia a respective declaration of compliance and full indemnification as a prerequisite for participation.

The Issuer reserves the right to exclude any participant not meeting the above requirements and/or violating the present T&Cs in the Issuer’s reasonable discretion at any time. This shall include (without limitation) the right of Issuer to remove Contributions posted from the website at any time. Issuer’s further rights under the Terms of Use for the Contest website and blog shall remain unaffected.

§ 6 Course of the Contest

The Contest shall commence upon the publication of the relevant documents on the website of the Issuer. The Contest will comprise several voting rounds in which votes are cast from the internet community and an ultimate award round of 18 finalists subject to the decision of the Jury (§ 4). For the details and timelines, reference is made to Attachment 2.

Qualification of the internet voting award winners for the final round shall be formally determined and nominated by the Issuer. Each finalist shall be obliged to make a final submission in accordance with Attachment 2. The issuer shall forward all Contributions of such finalists to the Jury in due course.

The winner of each internet voting round shall be the participant with the simple majority of votes cast by the internet community pursuant to Attachment 2. For each calendar month the five participants with the highest amount of votes shall qualify as finalists. The winners of the final round shall be the finalist participants elected by the Jury in their free discretion. All winners must meet the prerequisites for participation.

With regard to the decision of the Jury, any judicial recourse shall be excluded and waived for by the participants upon accepting the present T&Cs. The same shall apply for the determination and nomination of the internet community voting award winners by the Issuer.

§ 7 Notification of Participants and Acceptance

Notification of the winner of a prize shall be in the form of an email and telephone call.

§ 8 Transfer of Awards/Prizes

Prizes and awards shall be of a personal and non-transferable nature unless otherwise expressly permitted by the Issuer in writing.

§ 9 Publication of Award Winners/Transfer of Rights

The participants accepts that the Issuer may publish the personal details of the winners and their respective award winning Contribution in a form and using media coverage as deemed necessary or appropriate by Issuer in its reasonable discretion.

The participants in particular (however, without any limitation) irrevocably accept the royalty-free publication, in particular of their respective names, CVs and photos as well as the disclosure of their Contribution itself on http://cloudscap.es/ or other websites operated by the Issuer.

For the sake of precaution, the participant hereby grants to the Issuer a nonexclusive, royalty-free, worldwide and unlimited right of use in the Contribution and the underlying works for the purpose and to the extent necessary or expedient to perform the present contest and ensure a reasonable coverage of the same in the media.

Any use of the names, trade names, trademarks and other intellectual property of the Issuer by a winning participant, namely the use of CLOUDSCAPE.ES and any commercial communication related to the award on the side of the participant shall be subject to Issuer’s prior approval and a separate written agreement.

§ 10 Exclusion of Participants

1. Issuer shall be entitled to exclude from the Contest any participants found reasonably suspicious or convicted of a breach of the present T&Cs and/or other provisions of applicable law (in particular the German Act on Copyright – Urheberrechtsgesetz) .
2. The use of any technical aid or support not expressly permitted in Schedule 1 and/or the Terms of Use for the blog and website related to the Contest shall be forbidden. The issuer may exclude from the Contest at any time participants found reasonably suspicious or convicted of the use of illicit aid at Issuer’s free discretion. This shall comprise (however, without any limitation) Issuer’s right to cancel the award of a prize retroactively and claim the repayment of the prize money.

§ 11 Complaint Management

Complaints of participants shall only be dealt with if submitted in writing and reasonably stating the grounds for the complaint to the following address:

TRANSSOLAR Energietechnik GmbH Curiestr. 2
70563 Stuttgart
Germany

This however shall not apply for complaints related to copyright issues which shall be treated in accordance with the Terms of Use of the website and blog related to the Contest.

§ 12 Data Privacy

Issuer shall fully comply with German data privacy and media privacy regulation. The use and the processing of protected personal data of participants shall be in strict accordance with Issuer’s Data Privacy Declaration a copy of which is available in downloadable format under http://cloudscap.es/terms-and-conditions-participation-cloudscapees-award-contest

§ 13 Liability

The Issuer shall not be liable for technical problems, such as downtime, lack of connectivity, etc. impeding or otherwise adversely affecting the availability the Contest related websites, blogs or servers it being understood that this shall not apply for acts of gross negligence or wrongful intent or in the event of personal injury. This shall in particular (however, without any limitation) apply for technical failures related to the transmission of data associated with the participants’ Contribution. The participants hereby acknowledge and accept that the media and the technical devices used by Issuer may be subject to delays, losses of data or system failures beyond the reasonable influence and responsibility of the Issuer.

The aggregate maximum amount of damages to be claimed by a participant shall be limited to the highest possible individual amount of prize money awarded in the course of one given drawing, it being understood that this shall not apply for acts of gross negligence or wrongful intent and in the event of personal injury.

Notwithstanding the foregoing, any liability of Issuer shall be disclaimed with respect to the exclusion of participants from the Contest pursuant to the present T&Cs.

§ 14 Miscellaneous

Any legal recourse out of or in connection with the Contest shall be excluded and waived for by the participants.

The present T&Cs shall be supplemented by the Terms of Use of the blog/website related to the Contest and the Data Privacy Declaration of Issuer. For the convenience of participants, all terms and conditions shall be published online in downloadable format on http://cloudscap.es/terms-and-conditions-participation-cloudscapees-award-contest.

Should one or more of the stipulations contained in the present T&Cs be or become legally invalid or unenforceable, the validity and enforceability of the other provisions shall remain unaffected.

The present T&Cs shall be subject to and interpreted in accordance with the laws of the Federal Republic of Germany without regard to its provisions on the conflict of laws.

ATTACHMENT 1

The submission of the ideas is in 2 parts: sketch idea - for each entry uploaded to the web-gallery, and idea proposal - for the finalists.

The sketch idea will be uploaded to the website and will participate in the voting. The following pieces should be submitted:

• title: The title of the project should be appropriate for the idea, catchy and preferably concise.
• visualization: Up to 4 jpg/jpeg/png/gif images are required to describe and visualize the idea. One of them will be chosen by the participant to be the “main image” which will appear on the web platform as the representative image of the project. The recommended size for the image is 1200x1200 pixel and it should not exceed 6MB in actual file size. Please keep in mind that the images will be viewed on a screen, so ensure text and details are large enough to be read, but the file small enough to load fast.
• statement: A short text of up to 300 words in English.

The idea proposal will be submitted by the finalists until the final submission date. For this second part of the submission the finalists will upload to the web gallery one of the following:

• visualization: 3 additional jpg/jpeg/png/gif images to the ones submitted in the 1st part, or 6 reworked images in addition to the “main image” which will not be changed during the whole duration of the competition. The size and resolution of the images will be the same as for the 1st part.

OR

• video: 1 embedded video from a vimeo account to explain and illustrate the idea, the process etc. This should not be longer than 3 minutes in length.

ATTACHMENT 2

The CLOUDSCAP.ES AWARD is launched on September 15th and will run until December 30th, 2010, winners to be announced in January 2011. All participants are invited to post their work on the website during this time. On the 15th of each month 6 finalists - the projects with the most votes for that month - will be selected and placed into a separate gallery, not participating in the voting process anymore. The monthly winners will have the possibility to work on their project until the final submission date on December 30th. The jury will select the 1st place award and two 2nd place awards from the 18 finalists.

The first participants will have less time to elaborate on the idea before posting it to the website, but more time to receive votes, and after the monthly selection, more time to develop it. The participants who decide to work more on their ideas and post them later will get less feedback and have less time for improvements.
It is important for each participant to choose the strategy that fits best for them.

TIMELINE

CLOUDSCAP.ES AWARD launched: September 15, 2010
CLOUDSCAP.ES AWARD public announcement in Berlin: September 15, 2010
Registration and submission (1st part): September 15 - December 15, 2010
Monthly selections - on the 15th of every month:

• October 15, 2010
• November 15, 2010
• December 15, 2010

Final submission for all finalists (2nd part): December 30, 2010 (22:00 CET)
Winners announced: mid January, 2011

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