BASF Partner Up Challenge

(the “Challenge”)

CHALLENGE RULES

(the “Rules”)

Th Challenge website is operated by Agorize (the “Operator”) and the Challenge is sponsored by BASF (the “Sponsor”).

The Challenge’s goal is for BASF to find partners to collaborate with in the future on different topics covered in the brief of the challenge. The winner(s) of present Challenge will be granted a prize as set out in Section 8 below.

The aim of these present Rules is to set out the terms and conditions governing your participation in the Challenge. By registering for this Challenge, you fully and unconditionally agree to comply with these Rules.  If you do not agree with any of these Rules, do not register for this Challenge and do not submit an entry.

 

1. TERM

This Challenge begins on February 10^th, 2020 at 14:00[CET] and ends on the day of the final event (date to be confirmed around the end of June). The Challenge will be accessible 24 hours a day on the dedicated Challenge website operated by Agorize at https://www.agorize.com/basf-partner-up-challenge (“the Challenge website”), subject to possible IT maintenance operations and malfunctions. Dates and times in these Rules refer to Central European Time (CET). 

2. AGREEING TO THE RULES

Any eligible person who is registered on the Challenge website and enrolls to participate in the Challenge (“Participant” or “You”), is required to review and accept these Rules. By accessing and accepting these Rules, You:

• fully and unconditionally agree to comply with these Rules. Participants express their agreement by checking an online box while enrolling for the Challenge. 

In case of non-respect of these Rules, the Participant will be immediately disqualified from the Challenge and no prize will be awarded.

Please note that there is no claim for admittance to the participation which is voluntary only, nor for being chosen as one of up to three finalists as hereinafter defined or as a winner of the Challenge. Costs and efforts in connection with the participation are in the sole responsibility of the Participant. There is no claim for reimbursement against Sponsor. The registration and enrollment in the Challenge do not set up any (subordination) relationship between the Sponsor and the Participant other than set forth in these Rules. 

3. REGISTRATION AND PARTICIPATION IN THE CHALLENGE

To take part in the Challenge, we must have received your completed registration by April 19^th, 2020, 23:59 (CET).

To register, the Participant must first have created a user account on the Challenge website, and must have truthfully and accurately completed required information, such as full name, email address, etc.

There is no claim of being admitted to the Challenge via any other way (paper form, email or similar) than via the registration link on the Challenge website should Participant’s registration via the Challenge website fail.

Any registration based on inaccurate, false or incomplete information will result in the Participant’s disqualification. The participant is solely responsible for the information it provides while its registration. Any intentional or non-intentional mistake, anomaly or inconsistency, regarding this information, may result in the Participant’s disqualification. Sponsor reserves the right to proceed all necessary verifications regarding the Participant’s identity, postal and/or email address, etc.

Deletion of a Participant’s user account on the Challenge website will be deemed as a withdrawal from the Challenge. Should the deletion be due to the Operator’s fault and occur after first registration has been made during the given time line and became effective, the Participant may re-register for the Challenge. Please contact in this case: alexia@agorize.com

Please note that in order to being able to participate in the Challenge, you must also have accepted the Rules as well as the Terms and Conditions of Use and the Privacy Policy, of the Operator during the creation of your user account and your registration to the Challenge. The Operator is solely responsible for its Terms and Conditions of Use and the Privacy Policy.Links to the Operator’s Terms and Conditions of Use and the Privacy Policy and/or third-party sites ("Hyperlinks") do not constitute an endorsement by the Sponsor and the Sponsor is not responsible for the availability of these sites or their contents. The hyper linking to these sites is at Participants’ own risk. 

Registration for and participation in the Challenge is free, with no purchase or payment obligation.

 

4. ELIGIBILITY

This Challenge is open and offered solely to:

• A business entity, regardless of its business area. Startups may be required, in Sponsor’s sole discretion, to provide proof of (i) company registration by submitting a registration certificate issued within the last three (3) months, or ongoing company registration, or any trade registry and proof ensuring the registration of the entity in the relevant country, and (ii) a valid professional insurance policy subscription. Consumers (=natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession) are not eligible.

All the documents that may confirm the Participant’s eligibility will be required prior to awarding any prizes (e.g. identity document, registration certificate etc.). A consortium is not eligible.

This Challenge is not open to employees and representatives of the Sponsor and/or its affiliates, existing contracting party to Sponsor, competitors to Sponsor and Agorize and the members of their families and/or affiliates. 

This Challenge is void in countries where it is prohibited or restricted by law.

5. PURPOSE OF THE CHALLENGE AND PARTICIPATION

Participation in the Challenge must be as a Start-up. 

• Startup Participants enter the Contest on behalf of their legal business organizations. During the registration process, Startup Participant must designate one individual who is part of the company for contact purposes with the Sponsor. This person will be responsible for register the Startup at the Challenge and participate in the Challenge on behalf of the Startup. As a Startup participating in this Challenge, you represent and warrant to Sponsor that such person (i) is an authorized representative of Startup and is participating in the Challenge on behalf of such company, and (ii) has obtained all necessary approvals to enter the Challenge, including all persons qualified to grant any intellectual property rights to Sponsor. 

The goal of the Challenge is for Participants to submit contributions (or projects) meeting the requirements determined by the Sponsor in the Challenge brief, and that are formalized by deliverables. The brief includes information regarding various deadlines, details of the prizes, Sponsor requirements, etc. (the “Brief”). The Brief is accessible through the Challenge website:  https://www.agorize.com/basf-partner-up-challenge. 

6. DELIVERABLES

During the Challenge, Participants may upload any documents or other materials (such as texts, presentations, videos, etc.) relating to their project to the Challenge website in response and as a solution to the Sponsor’s Challenge (the “Deliverable”).
To be eligible, Deliverables must (i) address the specific issue set out in the Brief, (ii) be in a common digital format, such as, DOC, DOCX, PDF, PPT, PPTX, KEY, ODT, MP3, MPEG, MOV, MP4, and (iii) be in English and in general terms must to comply with these Rules.

If a Deliverable cannot be downloaded, is not in the right format or is incompatible, illegible, or unintelligible, the Deliverable will be disqualified.

By submitting a Deliverable, Participants represent and guarantee that:

• The Deliverable exclusively includes contributions from the participating Start-up.
• Otherwise, if any content from a third party has been used in the development of the Deliverable, all rights, authorizations, and agreements necessary to submit the Deliverable and grant the rights mentioned herein have been obtained. The existence of uncredited third-party contributions in the Deliverable will result in the disqualification of the Deliverable and the related Participants;
• No other individual and/or entity is entitled to claim any rights from the use of the Deliverable; and
• The content of the Deliverable does not and will not infringe or violate any rights of any third party or entity, including, without limitation, intellectual property rights, privacy, competition law, confidentiality, or any contractual or extra-contractual right. All deliverables suspected of any law(s) and/or any third party’s right will be ineligible.

Participants are responsible for and shall bear any costs or expenses associated with preparing and submitting Deliverables. Participants assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Deliverables. 

7. CHALLENGE PROCESS

Challenge Rounds. The Challenge consists of several rounds:

• Round One. Deliverables will be accepted from February 10^th, 2020, 14:00 to April 19^th, 2020/ 23:59 (CET). At the end of this Round, up to fifteen (15) winning Deliverables will be selected to proceed to Round Two.
• Round Two. Deliverables will be accepted from May 11^th, 2020, 14:00 to June 14th, 23:59 (CET). At the end of this Round, up to six (6) winning Deliverables will be selected to proceed to the Final Round.
• Final Round. Participants are not required to upload a Deliverable on the Challenge website for this Final Round.

Deliverable. If a Participant does not upload a Deliverable on the Challenge website before the deadline, this will be considered as a withdrawal from the Challenge. The Participant may not join the Challenge, and may not obtain any compensation from the Sponsor.

Selection Criteria. Deliverables will be judged according to the Selection Criteria, described below. You agree and acknowledge that the Challenge relies on your creativity, capacity, ability, and ingenuity to solve difficult problems. The Challenge does not depend, even partially, on chance or luck, and therefore should not be considered as a lottery. Under no circumstances are factors such as appearance, religion, membership in a trade union, political opinions, gender or sexual orientation considered.

Notification to Participants. Once the selection has been completed, Participants will be notified by email, phone, or by other means, at Sponsor’s discretion, of the results of each Round. The Sponsor will be free to alter the dates on which results are released should this become necessary due to the number of projects to be assessed. The ranking decided by the final jury will be announced on the day that presentations are made and will identify the Participants that are finalists.

1. Round One

All Round One Deliverables must be received by Sponsor on or before April 19^th, 2020/ 23:59 (CET). Deliverables must meet the specifications set out in Section 6, above, and include:

• In the format of your choosing (PDF presentation or video…), describe your product/activity and explain where you are in your development cycle. 

While the Round One, voting will proceed as follow: 

Criteria based voting

Criteria based voting will take place from April 20^th to May 3^th.

The voters (Sponsor members) (the “Voters”) may evaluate and select the Deliverables based on their content and the following criteria: 

• Innovation: How innovative is the solution in its use of new or existing technology to solve the problem described in the Brief? Are there other solutions available and if so, how does this differentiate from them?
• Relevancy: How well does the Deliverable respond to the specific need set out in the Brief?
• Feasibility: How feasible is the solution to put into practice? Does the solution make sense financially? Will the solution be sustainable over the long term?
• Impact: What is the scale of potential social impact? How broad is the impact? How many people will your solution reach? How significant is the impact?
• Clarity: How well do you articulate your solution and the potential impact it will have on society?
  

Except as otherwise provided below, the fifteen (15) Participants with the highest score at the end of this vote will win this vote and proceed to the next round. The eligibility for Round Two is at the Sponsor’s sole discretion. The Sponsor reserves the right to have fewer than fifteen (15) Participants for the next round if, in the Sponsor’s sole discretion, an insufficient number of eligible Participants meet the voter’s criteria.

Any attempt to cheat, use fake profiles, use third-party applications that enable false voting linked to cheating, or engage in duplicate voting of which the Sponsor becomes aware will result in the disqualification of the project that received these votes, and in the disqualification of this project’s Participants, who will not receive any prize or award. The Sponsor’s decision regarding disqualification is final and its decision may not be contested by Participants involved in the project in question or by any other Participant.

Participants will be informed of the results of Round One by May 11^th, 2020, via the Challenge website (https://www.agorize.com/ basf-partner-up-challenge).

The Participants chosen for Round Two will be notified by email to the email-address provided during Registration. 

2. Round Two

All Round Two Deliverables must be received by Sponsor on or before June 14th, 2020, 23:59 (CET). Round Two Deliverables must meet the specifications set out in Section 6, above, and include:

In the format of your choosing (PDF presentation or video…), describe what is your action plan and how can you work together with BASF.

Criteria based voting 

Participants will be informed of the results of Round Two by July 6^th, 2020 via the Challenge website (https://www.agorize.com/basf-partner-up-challenge).

The Participants chosen for Round Two will be notified by email to the email-address provided by respective Participant during Registration.

 3. Final Round

Participants who have been selected to participate in the Final Round will be directly notified by the Sponsor by email. In the event a Participant does not answer within 5 working days following the date of email dispatch and/or after the Sponsor has unsuccessfully tried to contact the Participant additionally by phone, the Sponsor reserves the right, at its sole discretion, to disqualify this Participant. This disqualification shall not entitle the Participant to claim any kind of compensation from the Sponsor.

The Final Round consists of an oral presentation of the projects selected in Round Two by the Participants. Participants are not required to upload a Deliverable to the Challenge website before the Final Round.

However, Participants must prepare a Deliverable which meets the specifications set out in Section 6 and which include: 

• Each finalist start-up will have their own booth to demonstrate their product/activity and have a direct dialogue with BASF jury.

At the end of the Final Round, the jury will rank the finalists, and the winner(s) will be notified by email.  The winner(s) shall contact the Sponsor within three (3) months (CET) following the date of sending the winner-notification. Sponsor’s contact will be given in the notification. Return of any notification as “undeliverable” and/or non-contacting of the Sponsor within said three months period (irrespective of its cause) will result in disqualification, and winner will not have any claim to the prize as set out in the following Section 8 and/or to any kind of compensation.

In case of disqualification of a winner according to this section succeeding winner out of the other finalists (if any) will be elected instead. 

Whether or not Participant is determined as a winner depends on how Participant’s candidacy compares to the other candidacies submitted in accordance with the Rules based on the voting criteria. There is no claim to being determined finalist and/or winner of the Challenge.

8. PRIZES

The prizes to be awarded to Challenge winners are subject to all of the following. They are awarded to the winners of the Challenge and are subject to compliance with the following cumulative conditions: 

• The Deliverables comply with Section 6 (“Deliverables”);
• Each Participant of a winning project complies with Sections 9 and 11;
• It can be proven that the winning Participants fulfill the conditions of eligibility of Section 4.

No prize will be awarded to winners who do not fulfill the above.

Subject to these Rules and the following terms and conditions, once confirmed by Sponsor, the winner(s) will receive the following:

• Grand Prize of in total 15 000 € (in words: fifteen thousand Euros)
• Second Place Prize of in total 10 000 € (in words: ten thousand Euros)
• Third Place Prize of in total 5 000 € (in words: five thousand Euros)

No assignment or transfer of prizes is allowed by a winner. If a potential winner cannot be reached, is unable to accept the prize or any portion of the prize for any reason, Sponsor shall have no further obligation to such potential winner. Sponsor will not replace any lost or stolen prizes after being awarded to winners once Sponsor has initiated the transfer of the prize to winner. Winners will accept the prize “as it is”. Sponsor disclaims any warranty regarding the Prizes.

Any Participant who does not fulfill the conditions of Participation as provided in the Rules during their registration and/or at any time during the Challenge will be summarily disqualified from the Challenge without prior notice and will not be entitled to any prize. In the assumption that a prize is awarded to a Participant who does not meet the conditions of Participation when registering or throughout the duration of the Challenge, Sponsor reserves the right to require the Participant to return the awarded prize.

 

9. COMMUNICATION

The Participant acknowledges and consents that Sponsor may, throughout the world and for the duration of the Challenge and for a period of one (1) year following the Final Round using the Challenge for publicity, including for Sponsor’s advertising or other marketing purposes, (by any means and through any format (website, advertising banners, social networks, newsletter, press release) now known or unknown to date, free of charge or for a consideration.

In particular, you consent the using, by Sponsor, of your name and surname, the name of your company, your company’s city and region of residence, and its distinctive signs as well as the content of your Deliverables relating to the Challenge.

Such use does not entitle the winner to any other payment than the prize the winner(s) received. The Sponsor agrees to cease using the aforementioned elements in connection with the Participant at the end of the aforementioned period.

The legal basis for the use of personal data as afore-described is based on of Article 6 (1) of the General Data Protection Regulation (“Legitimate interests”). 

10. CONFIDENTIALITY

Sponsor has no obligation to keep the information contained in the Deliverables confidential. In general terms, when submitting any Deliverables, the Participants understand, agree and accept that any information contained therein may be publicly disclosed by the Sponsor.

If you are a prize winner, Sponsor may request that you execute a confidentiality/non-disclosure agreement for the purpose of entering into negotiations regarding the further development of your project, as described in your Deliverable.  Such confidentiality/non-disclosure agreement will be directed to your Deliverable and all intellectual property that it may contain. For the avoidance of doubt, there is no entitlement to further negotiations regarding the further development of your project. 

Furthermore, Participants acknowledge that Sponsor may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the information contained in any of the projects. Accordingly, nothing herein shall prohibit Sponsor from independently acquiring, developing, or having developed for it, products, concepts, systems, services, or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in any Deliverable. 

The Participants recognize that other Participants, individuals or entities may have provided Sponsor or others, or made public, or may in the future submit, or make public, content that is the same or similar to any piece of information contained in any of the projects. Hence, the Participants acknowledge, agree and accept that Sponsor shall have the right to use such same or similar materials, and that the Participants will not be entitled to any compensation arising from Sponsor’s use of such materials. 

11. INTELLECTUAL PROPERTY

Definitions. For the purposes of this section,

• "Intellectual Property Rights" refers to any copyright or other rights over a brand, a design or a model, a patent and, more generally, any element, (including trade secrets and know-how), that may be protected by national and/or international laws or conventions on intellectual property (“Intellectual Property Rights”)
• “Previous Rights” refer to any Intellectual Property Rights and/or any associated know-how held by the Participants before the start date of the Challenge (“Previous Rights”)
• “Creations” refer to any software (including source and object code software), database, technical specifications, text, design, model, information, knowledge, method, process or product, as well as any resulting elements and/or processes likely or otherwise to be protected according to national and/or international laws or conventions on intellectual property developed by any Participant as a part of any submitted deliverable throughout the Challenge (“Creations”).

Warranty of non-infringement. When submitting any Deliverable, at any stage of the Challenge, each Participant guarantees to Sponsor that Participant is the authorized co/owner and/or co/holder of the Intellectual Property Rights regarding all or part of the Creations  contained in the Deliverables submitted at any stage of the Challenge, and that it has obtained all rights and permissions regarding all pre-existing Creations and any elements of the Deliverables for which the Participant does not hold the relevant rights.

Each Participant guarantees (i) that its contribution is original and unprecedented; (ii) that it do not infringe upon the copyright or any Intellectual Property Rights of any third party; (iii) that all the elements of which the Participant’s submissions are formed, as well as all pieces of contributions and information communicated in the submission presentation documents are accurate, reliable and complete; and (iv) that the submission of the relevant Deliverables does not constitute an act of unfair competition of any kind.

It is compulsory for Participants to indicate the source of any pre-existing Creations of whichever nature and on whichever support that are included in any submitted deliverable. Any Deliverable involving several Participants constitutes a collaborative work and it should be treated as such in accordance with the applicable regulation in force.

Liability. Sponsor cannot be held liable for any infringement of the above provisions by Participants. Each Participant shall indemnify Sponsor against any disturbance, action, claim, opposition and demand or eviction attempt from any third party in connection with any Creation in the Deliverables (Intellectual Property Rights included).

Participant owner of Intellectual Property rights 

By submitting a Deliverable and participating in this Challenge, you are not granting Sponsor any rights to any intellectual property supporting all of part of the Deliverable and Sponsor makes no claim to ownership of your Deliverable or any intellectual property that it may contain.

Others. Participant agrees that nothing in the Rules shall grant Participant a right or license to use the name or any trademark or service mark of the Sponsor or any of Sponsor’s affiliates or any other legal entity to which the Sponsor is contractually bound.

These Rules do not grant any ownership rights or change existing ownership rights to any of the information provided in connection with the participation in the Challenge, on whatever form and whenever, by the Sponsor and/or through Agorize. Neither these Rules nor any disclosure of information shall vest any present or future rights in any patents, trade secrets or proprietary rights and no license is granted except as for the license to use the information exclusively and to the extent indispensable for the purpose indicated in the application and accepted by the Sponsor without any right to sublicense. The Challenge page and any forms related hereto contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, graphics, photos, video, audio, programs, data, scripts, and coding (collectively "Content") of the Sponsor. All Content including both displayed and undisplayed contents of source files and databases, is copyrighted individually and as a collective work under the applicable copyright laws.

To the extent any incident or circumstance beyond Sponsor's control (including natural occurrences, war, strikes, lock-outs, fire, explosion, acts of government) hinders the Sponsor to fulfill its duties and obligations under this Challenge, Sponsor shall (i) be relieved from his obligations under this Challenge to the extent the Sponsor is prevented from performing such duties and obligations and (ii) if the aforementioned occurrences last for a period of more than three (3) months, the Sponsor is entitled to withdraw from the Challenge without the Participant(s) having any right to compensation.

12. MODIFICATION OF RULES, SUSPENSION AND CANCELLATION OF THE CHALLENGE

 

Update of the Rules. The Sponsor reserves the right to amend these Rules at any time, including the Challenge duration in case of operational imperatives, without prior notice to Participants regarding the enforcement or the validity of these amendments.  Participants are encouraged to consult these Rules regularly. Participants expressly waive all claims or disputes related to any amendment to these Rules by the Sponsor. Should any paragraph of these Rules be declared or judged illegal, unenforceable or void by a court decision, the paragraph in question will be considered null and void, but all other unaffected paragraphs will be enforced within the limits of the law.

Challenge Cancellation or Suspension. The Sponsor reserves the right in its discretion, to (i) cancel, terminate, modify or suspend the Challenge and these Rules, for any reason, at any time and without any liability, and (ii) to limit or restrict participation in the Challenge. The Sponsor will not be held liable for the modification, cancellation or suspension of the Challenge and no compensation or remuneration will be due to the Participants.

13. LIMITATION OF LIABILITY

 

The Sponsor is not responsible for (a) late, lost, stolen, damaged, garbled, incomplete, incorrect or misdirected candidacies, candidacy forms or other communications; (b) errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of candidacies, the candidacy forms or other information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines; or (c) data corruption, theft, destruction, unauthorized access to or alteration of registration and/or materials, loss or otherwise. 

The Sponsor is not responsible for electronic communications or emails which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in any email account to receive email messages. The Sponsor disclaims any liability for damage to any computer system resulting from participation in or accessing or downloading of information in connection with the Challenge. The Sponsor reserve the right to modify, remove or add data to the Challenge website upon notice to Participants via email using the email address associated with their candidacy and/or by such other reasonable means as the Sponsor may determine.

Participation in the Challenge implies acknowledgment and acceptance of the characteristics, limits, and risks of the internet and related technologies, particularly with regards to performance, response time, security of software and computer equipment against various potential attacks, such as viruses, logic bombs or Trojans, and loss or misuse of data. As a result, the Sponsor will not be held liable in any way for any damage incurred by Participants arising from these characteristics, limits and risks, which Participants accept by registering and taking part in the Challenge. 

Links to third-party sites ("Hyperlinks") do not constitute an endorsement by the Sponsor and the Sponsor is not responsible for the availability of these sites or their contents. The hyper linking to these sites is at Participants’ own risk. 

Without limiting the foregoing, everything on the challenge website and in connection with the challenge is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  

The Sponsor will not, in any case, be held liable for damages resulting from faults with or delays in the submission of deliverables by Participants, including refusal to accept these deliverables as a consequence of their submission outside the deadlines set out in the Rules, from faults with or delays to the sending of any emails by the Participant sent as part of the Challenge, or from any alterations made to the deliverables independently of the Sponsor.

The Sponsor will not, in any case, be held liable for damages resulting from services provided by a third party in connection with the Challenge. 

The Sponsor will not be held liable for the consequences of a Participant’s disqualification from the Challenge as a result of their violation of these Rules.

Unless otherwise set forth in these Rules, the Sponsor shall be generally liable for damages in accordance with the law. In the event of a simple negligent violation of fundamental contractual obligations, however, the Sponsor's liability shall be limited to compensation for typical, foreseeable losses. In the event of a simple negligent violation of non-fundamental contractual obligations, the Sponsor shall not be liable. The foregoing limitations on liability do not apply to damage to life, body or health.

14. PERSONAL DATA PROTECTION

Participation in the Challenge requires the use of the Participant's personal data ("Personal Data"). 

Participant’s personal data is subject to processing within the meaning of the regulations on the protection of personal data (The EU 2016/679 General Data Protection Regulation and the Council of 27 April 2016, known as GDPR) for which the Sponsor defines the purposes and means and is, as such, “Data controller” within the meaning of the GDPR.

Sponsor will be able to access Participant’s personal data through the platform of the Operator.

Sponsor will use the personal data for the sole purposes:

• To meet the organization of the Challenge needs
• To organize the intermediation between the Participant and the Sponsor, to ensure identification, communication and preservation of the exchanges with the Participant

For further information with respect to data privacy at the Operator’s platform, please see https://www.agorize.com/de/privacy.

 

15. CLAIMS

Any Participant’s claims arising from the Challenge (if any) should be addressed no later than thirty (30) days following the Challenge end date to robert.parker@basf.com. All claims must include: (i) the Participant’s complete contact details (name, address, email address and phone); (ii) the name of the Challenge; and (iii) a clear and detailed explanation for the claim. 

16. APPLICABLE LAW AND DISPUTES RESOLUTION

The Challenge and any action related thereto shall be governed by the laws of Germany.

In case of persistent litigation beyond a period of fifteen (15) days after the Participant has filed a claim, the Sponsor and the Participant undertake to submit their dispute to an amicable conciliation prior to any legal proceedings. The party wishing to initiate conciliation shall inform the other party by means of a registered letter with acknowledgment of receipt in which it will inform of its intentions and will explain the cause. If no agreement is reached between the parties within thirty (30) days after receipt of the registered letter, the parties regain their freedom of action.

In case of persistent disagreement on the application or interpretation of the Rules, and in the absence of an amicable settlement, any dispute that may arise between the parties, will be subject to the exclusive jurisdiction of the courts of Ludwigshafen/Rhine, Germany, to which the parties expressly grant jurisdiction, even in the case of multiple defendants, in summary proceedings, appeal by guarantee or by motion.

17. LEGAL DEPOSIT

The regulations are filed via www.reglement.net, at SELARL 812 - HUISSIERS, associate bailiffs, 88 boulevard de la Reine, 78000 Versailles. The regulations may be amended at any time in the form of an amendment by the organiser, in compliance with the conditions set out, and published by online advertisement on the website. The amendment is registered with the SELARL judicial officers associated with the depository of the regulation before its publication. It shall come into force as from the date it is put online and any Participant shall be deemed to have accepted it simply by virtue of his participation in the Game, as from the date on which the amendment comes into force. Any Participant who refuses the modification(s) must stop participating in the Game. The rules are sent free of charge to any person by sending a written request by post before the closing date of the game to the following address: AGORIZE - 15, rue Béranger - 75003 PARIS.

The full rules can also be viewed online on the game website. The postal charges necessary to obtain the payment will be refunded on simple request on the basis of the slow "letter" rate in force.

 

BASF SE

Carl-Bosch-Strasse 38, 67056 Ludwigshafen am Rhein, Germany

Registration Court: Amtsgericht Ludwigshafen, Registration No.: HRB 6000

Board of Executive Directors:

Martin Brudermueller, Chairman; Hans-Ulrich Engel, Vice Chairman;

Saori Dubourg, Michael Heinz, Markus Kamieth, Wayne T. Smith

Chairman of the Supervisory Board: Juergen Hambrecht

VAT-ID (27/671/00092)

E-Mail address for contacts relating to the Challenge (Robert Parker robert.parker@basf.com)

Insertion of another contacting possibility, e.g. in form of a 24/7 available phone number, telefax, or electronic entry mask through which answering emails would be send (N/A).

If the execution of the Challenge was subject to a permit by an authority, information on said permit and responsible authority would need to be included as well.

With respect to Article 9 on territories in which the communication is planned to be done, it is Business to decide.