Introduction

Before registering and participating in the “Bayer Digital Campus Challenge” (hereinafter referred to as the “Challenge”), the Participant must accept the “Rules of the Challenge” (hereinafter referred to as the “Rules”).

The Bayer Business Services GmbH, Düsseldorfer Straße 600, 51061 Cologne, Germany (hereinafter referred to as the “Partner Company”), has decided to engage Agorize France, 34, rue du Faubourg Saint-Antoine, 75012 Paris (hereinafter referred to as the “Service Provider”), to organize a Challenge as set forth below. The Service Provider shall act in the name of and on behalf of the Partner Company. Consequently, the Partner Company is the organizer of the Challenge.

1. Who can participate?

The Challenge is open to students of Universities from all over the world who meet the following criteria:

any person currently enrolled in higher education or anyone who has graduated from an institution of higher education within the last year; any person of legal age.

2. Themes of the Challenge

The Partner Company invites Participants to present their ideas on how digital technologies can be used in healthcare to improve the life of people. The Participant’s project may fit into one of the following categories (for more information: https://bayer.agorize.com/en/challenges/dcc19/pages/themes?lang=en):

3. Conditions for entering the Challenge

Participants must create an account (see no. 4) and form teams of 2 to 5 persons. Once a team has been registered on the platform, no changes in its make-up may be made once the first deliverable has been submitted. If the number of Participants on a team drops to less than 2 members, the team shall be disqualified.

Participants are only permitted to register with one team. In other words, only one entry per person is permitted in the Challenge.

Participation in the Challenge is free.

Employees and representatives of the Partner Company and the Service Provider and/or the members of their families (parents, children and spouses) are not eligible to participate in the Challenge.

Any Participant and/or team that does not abide by the Rules during her/his registration or at any time during the Challenge, will automatically and without prior notification be disqualified from the Challenge and shall not receive any award. In the event that an award goes to a Participant and/or team that does not or did not comply with the Rules at the time of her/his registration or during the Challenge, the Partner Company has the discretionary right to demand the return of the award.

4. Registration

Registration for the Challenge is completed exclusively online. The Participant must open a user account at www.agorize.com and enter the following data:

These personal data will be processed for registration as well as for other stages of the Challenge, which are defined below. Since Participation in the Challenge may require contact with the Participant, the above listed contact data might be used to contact the Participant (i) via email or phone by the Partner Company and/or the Service Company during his/her participation in the Challenge or (ii) by phone if she/he is one of the pre-selected Participants or final winners. Reasons for this contact can be e.g. information about the final event, contacts from the Project Alchemist department of the Service Company or other reasons.

To validate registration, the Participant must accept the Service Provider’s competition rules, terms and conditions. A confirmation email containing an activation link will then be sent to the Participant’s listed email address. Once the account has been activated, the Participant can complete her/his profile in the account settings. To end the registration process for the Challenge, the Participant must check the box indicating that she/he accepts the Rules of the Challenge.

Any incorrect or incomplete information entered during registration shall not be taken into account and shall disqualify the Participant and/or the Participant’s team.

The Participant must have a computer to access the Challenge. The minimum configurations and devices are:

Participants will be notified of any changes to these requirements via www.agorize.com.

5. Duration and Process of the Challenge

The Challenge shall take place from April 2019, to 11th of December 2019, via the website at https://bayer.agorize.com/en/challenges/dcc19?lang=en.

If necessary due to operational requirements, the Partner Company reserves the right to change the duration of the Challenge by a reasonable amount of time, in which case Participants will be notified.

The Challenge process consists of the following four essential stages:

Application stage

The application stage takes place from April 2019, to 10th of November 2019,

By 11:59 pm (CET) on 10th of November 2019, Participants must upload to the platform their preselection deliverables, which comprise a 10-slide document describing their project and, for example, the problem they address, the solution they propose, its impact and the business model. The supporting documentation can be a PowerPoint file (max. 10 slides), Word file (max. 10 pages), diagrams, animation, layout, sketch, video etc. (see no. 6).

The information required and processed during the application stage are: first name, last name, e-mail address, picture, gender, phone number, date of birth, country, nationality, language, university, study, study progress, deliverables pertaining to the topics of the challenge, such as documents, presentations, audio/video files which are submitted as part of the participation in a challenge, messages, logs and posts submitted to the Platform.

Preselection stage

Before the preselection will start, the submitted documents will be checked to avoid copyright violations, duplicates and double submissions with other projects.

The preselection stage is from 13th of November 2019 to 24rd November 2019. A preselection jury, comprising representatives of the Partner Company, will be responsible for selecting up to 4 projects (one projects per topic). Evaluation will be based on the preselection deliverables submitted by all teams compared with the judging criteria explained in no. 7.

The information required and processed during the preselection stage are: deliverables pertaining to the topics of the challenge, such as documents, presentations, audio/video files which are submitted as part of the participation in a challenge, messages, logs and posts submitted to the Platform.

Mentoring stage

The mentoring stage is scheduled to take place from 28th of November 2019 to 10th of December 2019.

Only the 4 teams selected at the end of the preselection stage will participate in the mentoring stage and will get a chance to be mentored by the Partner Company’s experts, who will provide the teams with the best tools for advancing their projects.

The information required and processed during the mentoring stage are: deliverables pertaining to the topics of the challenge, such as documents, presentations, audio/video files which are submitted as part of the participation in a challenge, messages, logs and posts submitted to the Platform.

Final stage

The 4 projects in the mentoring stage can participate in the final stage.

By 3:59 pm (CET) on 10th of December 2019, all project teams must submit via upload to the platform their final deliverables that summarize their project idea which will be presented in the final pitches.

The final pitches will be made on 11th of December 2019, at Bayer in Leverkusen (Germany). On that day, the finalists will hold a 5 minute oral presentation describing their project. After the presentation each team will get a dedicated space to present their project and speak with interested people. The support documents can be the same as mentioned above in the preselection stage. Directly after each presentation, a question round of approximately 5 minutes will be held.

After all 4 presentations have been made, the teams will be ranked. A final selection jury, comprising employees of the Partner Company, will be responsible for ranking the preselected projects based on the oral presentations and the judging criteria set forth in no. 7. Project n°1 will be the winning project and therefore also the winning team of the entire Challenge.

The travel expenses for all participants (defined in Paragraph 1) of the final stage will be covered from the Bayer Business Services GmbH.

The information required and processed during the final stage are: phone number, deliverables pertaining to the topics of the challenge, such as documents, presentations, audio/video files which are submitted as part of the participation in a challenge, messages, logs and posts submitted to the Platform.

If you win, your name may be published in the Final Event Tab. The winners will be notified by e-mail and postal mail. To send the prize, we require the postal address of each winner. If the winner does not contact us within 14 days after the notification mail is sent, the prize will be forfeited. Claim to the prize is also forfeited if the prize cannot be awarded within 6 months after the initial winning notification for reasons due to the winner.

In addition, in the event that the Participant should be chosen winner of the Challenge, the Participant’s last name, first name, city, region of residence, name of her/his university or former university and her/his photograph and/or data related to her/his participation and/or deliverables in the Challenge, may be processed and used without any additional remuneration, including on its websites and social media channels.

Further, the Partner Company may shoot an institutional movie of the final ceremony, in which all Participants in this stage are expected to participate. The Partner Company may  use and make available this movie on its websites and social media channels.

6. Required deliverables

The Challenge requires that two deliverables be submitted, one in the preselection stage and another in the final stage. All deliverables must be completed in English; no other language will be accepted. Deliverables must be sent in a common digital format, such as: DOC/DOCX/PDF/PPT/PPTX/ODT/MP3/MP4.

If the deliverables sent by a team cannot be opened or read sufficiently, the team concerned will be notified and given an opportunity to re-submit the documents. Deliverables will only be accepted if submitted during each of the submission periods. If a deliverable is submitted after the submission deadline, the team concerned will automatically be disqualified from the Challenge. The final event will reveal one winner.

Each Participant warrants that the content of the deliverables includes only contributions made by her/his team. If it appears that contributions have been made by a third party, the entire team concerned will be disqualified from the Challenge. No copyrighted photos or images may be used in the deliverables. In any event, the Partner Company will not be responsible for the use of any images copyrighted by third parties.

The Partner Company will not accept, and will not consider, any other documents submitted by the Participants.

7. Judging criteria

Each selection will be based on the following criteria:

Innovation potential

Customer focus

Economic impact/efficiency (business plan)

Presentation/pitch

Only the winning team in the final stage will receive an award. The award consists of a trip to Berlin, including a varied program of activities for the Participants. The Partner Company will cover all travel expenses, the costs for the accommodation and the costs for the activity program.

Each Participant acknowledges and accepts that under no circumstances whatsoever can an award be contested in any way, or a request made to exchange it either for its monetary value, or for another award. The award is non-transferable and Participants are advised that any sale or exchange of the award is not permitted.

If an award should be unavailable, the Partner Company at its discretion is free to substitute an award of similar value.

9. Notification of the results of the preselection and final stages

The Service Provider will inform all Participants of the preselection results by no later than 27th of November 2019, and of the final selection results by no later than 11th of December. Notification will be by email sent to the address entered at the time of account creation at www.agorize.com and via notification to their www.agorize.com account. The Partner Company reserves the right to change the dates of notification of the results if this should become necessary due to the number of projects to be evaluated. Each pre-selected or selected Participant must respond to any email sent by the Service Provider before the specified deadline in the message has lapsed. Otherwise, the Partner Company reserves the right to disqualify the defaulting Participant’s project.

10. IP Rights and buying option

(Each) Participant agrees not to disclose any inventions, discoveries and/or developments (including respective software) that are discovered or developed in connection with the Challenge for a maximum period of 8 weeks, starting from December 2019 (“negotiation period”).

During this negotiation period the Participant(s) shall exclusively negotiate with the Partner Company. The Partner Company may present to the Participant(s) an offer to purchase said inventions, discoveries and/or developments (including corresponding worldwide intellectual property rights). The parties shall negotiated such offer in good faith and the Participant shall not unreasonable withhold his consent to a respective agreement. This in particular applies if Partner Company has offered an equitable remuneration.

In addition, if Participant(s) sells said inventions, discoveries and/or developments (including corresponding intellectual property rights) after the negotiation period to a third party, then the Partner Company shall have a buying option in accordance with §§ 463 et seq. of the German Civil Code.

By submitting your documents, you guarantee that the final degree assignment you submit does not violate common decency or the laws of the Federal Republic of Germany, and in particular does not violate any third party intellectual property rights – such as brand rights, copyrights or the right to personal privacy – and that you possess the necessary rights to the final degree assignment.

11. Liability

The Partner Company shall not be liable for any damages caused by the participation in the Challenge or in connection with the award. In particular the Partner Company shall not be liable in any way if the telecommunications network used should fail or malfunction, such that the Participant cannot access www.agorize.com or any other website that is necessary for the participation in the Challenge.

The provisions of this Section 12 shall not apply with respect to personal injury or under the German Product Liability Act. Furthermore, the foregoing limitations of liability shall not apply in cases of willful misconduct, gross negligence or the acceptance of a guarantee.

12. Confidential information

Confidential Information means any information provided by the Partner Company that a reasonable person would understand to be confidential or proprietary due to the context of its disclosure and/or its scope, content or nature (hereinafter referred to as “Confidential Information”). The Participant may receive Confidential Information orally, visually, electronically or in writing. Confidential Information may include, without limitation, the whole or any portion of: administrative, commercial, scientific, technical, financial and fiscal information.

The following information is non-confidential:

The obligations to maintain confidentiality as defined in this section no. 13 do not apply as far as information are disclosed in response to a valid order of a court or other governmental body to the extent of and for the purpose of such order.

At the end of the Challenge, the Participant must immediately return all Confidential Information obtained during the Challenge to the Partner Company. The Participant shall not keep copies in any form whatsoever, unless she/he has express, prior, written permission to do so from the Partner Company.

13. Miscellaneous

Recourse to the courts is not permitted.

These Rules shall be construed and interpreted in accordance with the laws of Germany without prejudice to any mandatory conflict of law provisions and to any mandatory provisions of the state where the Participant has her/his habitual residence.

If any provision of this Rules shall be held to be illegal, invalid or unenforceable in whole or in part, either under enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this Rules but the legality, validity and enforceability of the remaining provisions of this Rules shall not be affected.

Regulations are registered with SCP Bornecque Winandy – Bru Nifosi, huissiers de justice associés 15, Passage du Marquis de la Londe- 78000- Versailles.

14. Privacy Information

The Partner Company processes your personal data as defined in these Digital Campus Challenge Rules and in accordance with the European General Data Protection Regulation (GDPR). Unless otherwise indicated in this section, the legal basis for the processing of your personal data is the performance and fulfilment of the contractual terms laid down in the Digital Campus Challenge Rules, which we have concluded with you (Art. 6(1)(b) GDPR). The Partner Company has the right to contact the participants. The Partner Company may use the information you gave us on this website for recruitment, marketing or other purposes.

For the processing of your data we will to some extent use specialized service contractors. Such service contractors are carefully selected and regularly monitored by us. They will only process personal data in accordance with our instructions and on the basis of an appropriate data processing agreement.

14.1.2 Third parties

We share your personal data with the following third parties for the following purpose:

Third Party	Scope and purpose of transfer	Legal grounds
Jurors/ Mentors	Mentoring and evaluation	Art. 6 (1)(f) GDPR

14.1.3 Third countries

Your personal data may be transferred to a country for which the European Commission has not decided that it ensures an adequate level of data protection. In such cases, Partner Company will ensure a sufficient level of data protection is provided for your data through the recognized legal means, e.g. applying the standard data protection clauses adopted by the European Commission (copy available on request).

14.2 Retention period for personal data

Unless longer storage is required by law (e.g. tax law), your personal data will only be stored as long as is necessary for the purpose of your participation in the Challenge.

14.3 Newsletters, surveys, contests etc.

In case we offer newsletters, surveys or contests, we will inform you about the respective data processing in the particular context.

 14.4 Information regarding your rights

You have the right to request information from us about your personal data, access to and rectification or erasure of personal data or restriction of processing concerning your personal data or to object to processing as well as the right to data portability. You also have the right to lodge a complaint with the data protection supervisory authority. You may at any time withdraw any consent you have given without affecting the lawfulness of processing before the withdrawal.

For any questions you may have with respect to data privacy and/or your consent, or if you wish to exercise your rights, please contact our company data protection officer: Bayer AG, Data Protection Officer, Kaiser Wilhelm Allee 1, 51368 Leverkusen, Germany, or send an e-mail to data.privacy@bayer.com.

This challenge is not intended or designed for communications regarding undesired side effects, lack of therapeutic effect, medication errors, grey market products/counterfeit medicine, incorrect or off-label use, quality complaints and/or other issues regarding the safeness or quality of Bayer products. If you wish to report side effects or make a quality complaint, please contact your health care professional (e.g. physician or your pharmacist), your local health authority, or use our website for the report of undesirable side effects.

If you nevertheless report to us undesirable side effects or other issues regarding the safeness or quality of Bayer products, we will be legally bound to deal with your communication and may have to may contact you for clarification purposes. Subsequently, we have to notify the competent health authorities of the issues reported by you. In this context, your information may be forwarded in pseudonymised form, i.e. no information by which you may be directly identified will be passed on. We may also have to forward these pseudonymised notifications to our group companies and cooperation partners, to the extent these are likewise obliged to notify their respectively competent health authorities.