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Terms and Conditions Terms and Conditions www.virginearth.com Please note that the Virgin Earth Challenge Terms and Conditions and Participation Agreement were changed and amalgamated into this document on 7 September 2009. Additionally, the postal address in Clause 2.1 was updated on 18 August 2017 to present the correct current address of the Virgin Earth Challenge. Please read the changes carefully. This version overrides all previous terms and conditions governing the Virgin Earth Challenge. If you have queries regarding the Terms and Conditions Agreement please contact us at [email protected] The Terms and Conditions Agreement and the Challenge Checklist (together, the “Agreement”) are to be signed by all (including existing) applicants to the Virgin Earth Challenge. The Agreement constitutes the entire agreement between you and the VEC, and supersedes any previous agreements between you and the VEC (including, but not limited to, any previous versions of the Agreement and/or any signed Participation Agreement). The promoter of the Virgin Earth Challenge shall be Virgin Management Limited on behalf of the Virgin Group of companies (“Virgin”). 1. PURPOSE AND OVERVIEW 1.1 The purpose of the Virgin Earth Challenge (the “VEC”) is to encourage development of a commercially viable new technology, process or method to remove anthropogenic greenhouse gases (“GHG(s)”) from the atmosphere, so as to improve the stability of the Earth’s climate. Whilst we at Virgin fully recognise the benefits of mitigating GHG emissions, this award is targeted specifically at the narrow field of sequestration. Entries focussing on other areas outside of sequestration (including, but not limited to, renewable energy and energy efficiency) will not be considered by the VEC Judges. FAQ: Definition of Sequestration: For the purpose of this Agreement, when referring to sequestration, we mean a technology or process that removes GHGs from the atmosphere and stabilises them so that they do not re-enter the atmosphere for a significant period of time (see Clause 1.2). © Virgin Earth Challenge 2009 1 Virgin Earth Challenge Terms and Conditions 1.2 The Prize will be awarded to such Entrants who submit a commercially viable design which, in the opinion of the Judges (as defined in Clause 3.4) a) achieves or appears capable of achieving the net removal of significant volumes of anthropogenic, atmospheric GHGs each year for at least 10 years; b) meets the Assessment Criteria (as set out in Clause 3.1); c) has long term benefits (measured over centuries); and d) makes an outstanding contribution to the stability of the Earth’s climate. 1.3 The winner of the Earth Challenge shall enter into discussions with Virgin to mutually agree terms for realising their design and may also be subject to additional terms and conditions. FAQ: When it comes to awarding the prize money, we’ll discuss and agree on terms for using the money, what the time limits are and so on with the winner(s). As different terms may apply to different Designs, we cannot agree to these terms until the winner(s) have been announced. 1.4 The winner of the VEC is responsible for implementing their design, with reference to and where mutually agreed, with reasonable assistance from Virgin. It is intended that the winner(s) would use the proceeds to commercialise and/or grow their business in order to achieve the objectives of the VEC. FAQ: We expect the winner to be able to carry out their design and develop it to a stage where it can meet the criteria of the VEC. We don’t expect you to carry this out single-handedly. Virgin will be able to help you in some areas as is agreed, and you may get together a team to help realise your idea. We would hate to see a winning idea, that could aid mankind’s survival, go undeveloped. 2. HOW TO ENTER THE VEC 2.1 Each Entrant must submit a signed copy of this Agreement (signed by all members of the team, if the team is composed of individuals) before the Entry Closing date (see Clause 4.1). The Challenge Check list should be printed, signed and sent by post to: Virgin Earth Challenge The Battleship Building, 179 Harrow Road, London, W2 6NB, United Kingdom or scanned and emailed to: [email protected] © Virgin Earth Challenge 2009 2 Virgin Earth Challenge Terms and Conditions 2.2 The Challenge Checklist is designed to help applicants provide the right information to us and to help the judges to confirm that entries are within the scope of the VEC. Please answer all of the questions on the Challenge Checklist which are relevant to your Design. If you answer ‘No’ to Question 10 of the Challenge Checklist your Design will not be entered into the VEC. FAQ: Question 10 of the Challenge Checklist reads: Does your technology sequester greenhouse gases (GHGs) from the atmosphere? 2.3 Applicants are encouraged to send additional material with the Challenge Checklist (please see the Assessment Criteria at clause 3.1). If your Design does not fulfil the required criteria from the information given in the Challenge Checklist, no additional material will be assessed. 2.4 Please note that your entry does not need to include an explanation of climate change or the need for sequestration technology. 2.5 By entering the VEC, and signing a copy of this Agreement, each Entrant agrees to be legally bound by this Agreement. 2.6 The VEC is open to Entrants resident in any nation anywhere on Earth; save for any nations the laws of which provide that entry in to the VEC is illegal. 2.7 Entries may be submitted by any individual or individuals, companies or other organisations of any nature. Please note that if you are entering the VEC as part of a team of individuals, all members of the team must sign up to this Agreement, in order to validly enter. Each member of your team of individuals signing this Agreement will be jointly and severally liable for each of your obligations under the Agreement. FAQ: If your team comprises a number of individuals you must all sign this Agreement. If you are entering the VEC on behalf of an academic establishment or company, then you must make sure that whoever signs this Agreement has the authority to enter the Agreement on the organisation’s behalf. The entity that enters this Agreement will have sole control and liability for entering into this Agreement and for any rights in their entry. We’d like to make this really clear. At the point of judging, the VEC will consider the company, individual, or university department as the Entrant and the main point of contact, and your team must have an understanding of who owns the technology in your entry if members of your team part ways. Please also see Clause 5.3. If your team is comprised of individuals, and not a company or a university department, all of the team will have joint and several liability. © Virgin Earth Challenge 2009 3 Virgin Earth Challenge Terms and Conditions 2.8 The VEC is NOT open to: (a) board members and employees of the Virgin Group of companies; (b) anyone who has been involved in the organising, promoting or judging of the VEC; and (c) anyone under the age of 18. Submitting a Entry 2.9 Entrants must submit a signed copy of this Agreement (which includes the Challenge Checklist). Once the Agreement has been validly submitted, Entrants can submit additional material concerning their entry. This can be submitted in writing by post (recorded delivery recommended) or by hand to the above address (Clause 2.1). Additional material may also be scanned and sent by email in 10MB chunks to: [email protected] 2.10 It is free to enter the VEC. However, the Entrant(s) shall bear the costs (if any) of researching, preparing and submitting their entry. 2.11 The entry submission should be written in English and should be sufficiently detailed and clear to enable the Judges to analyse the entry, including the method and any possible side effects of exploitation of the design. Please do not send prototypes with your entry, unless requested to do so. 2.12 Unfortunately we are unable to return entries. 2.13 By entering, each Entrant confirms that the submitted design is original, is the Entrant’s own work, does not breach any laws or obligations of confidentiality, and, to the best of the Entrant’s knowledge and belief, after carrying out appropriate research and due diligence (and providing appropriate documentary evidence if requested by the VEC): (a) is not in violation of any other applicable laws; (b) does not infringe any other third party rights of whatever nature; and (c) the Entrant has all rights and permissions necessary to submit the entry to the VEC and to exploit (or grant rights to exploit) their design anywhere in the World. Each Entrant hereby indemnifies Virgin and the Judges against any loss, damage or liability which they might incur by reason of any breach of this Agreement. 2.14 Virgin shall not be responsible for ensuring that Entrants take appropriate steps to protect (and where relevant retain and/or review) any intellectual property rights in their design; whether by way of applying for patent, design or other registered intellectual property right protection or otherwise. 2.15 Entrants will continue to own all rights in and to their design and participation in the VEC does not grant to Virgin any rights in or to the design. © Virgin Earth Challenge 2009 4 Virgin Earth Challenge Terms and Conditions FAQ: What does protecting intellectual property mean? We want to make sure that your idea stays confidential and is owned by you and you alone.
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