Telefónica Pitch Day in Jerusalem

Legal bases of the Pitch Day

2022

The Telefónica Pitch Day

The Telefónica Pitch Day, hereinafter, the “Pitch Day”, aims to identify proposals for global digital services not formalized as a company yet around 3 different areas: 1. Gaming add-ons, 2. Energy, 3. Shopping experience.

Who organizes the Pitch Day?

The Pitch Day is an initiative promoted by:

TELEFÓNICA DIGITAL ESPAÑA, S.L.U., a Spanish company, with registered address at Ronda de la Comunicación s / n, 28050 Madrid, Spain, and with CIF B86230562 in force (hereinafter “TELEFÓNICA”).

AZRIELI COLLEGE OF ENGINEERING., an Israeli non-profit entity, with registered address at 26 Yaakov Shreibom Street, Jerusalem 9103501, Israel, and with VAT 580283729 force (hereinafter “AZRIELI ”)

TELEFÓNICA and AZRIELI hereinafter, and jointly referred as the “Organization”.

Participation requirements

The Pitch Day is an open call for projects related to global digital services and not formalized as a company yet. Teams submitting their projects to Pitch Day are hereinafter referred as the “Participant or Participants”.

The areas of interests for the Pitch Day are:

The future of shopping experience: Covid-19 has accelerated the growth of this market, $ 4.891 M in 2021. We want to support proposals to shape the next generation shopping experiences. Digital trend, omnichannel, metaverse, ultra-personalization of the experience, sustainability and ethics, cryptocurrencies and much more may impact on how we buy. How do you see the future of the consumer experience?

Gaming industry add ons: The global gaming market size is expected to gain momentum by reaching $ 546 B by 2028. Games and gaming platforms are clearly a trend. However, we are looking for complementary proposals beyond these two areas. There are plenty of opportunities to improve the gaming experience and the gaming business: cloud gaming and 5G, immersive gaming experiences, NFT, free-to-play trends, professional and amateur gamers world and needs, gamers share experiences, …How could we make the gaming more fun and exciting?

Smart Energy industry: The global Smart Energy market size is projected to reach $ 253.1 B by 2027. Climate change is accelerating the growth of this market and generating many opportunities. Renewables, Internet of Energy, Energy as a Service, the applications of quantum computing… Green and affordable energy is a global challenge, how would you address it?

The ideas will be selected considering the following criteria:

Level of innovation of the solution

Maturity of the idea.

Existing Demand, Feasibility, Viability, and current opportunity for the project to succeed.

By participating in the Pitch Day, Participants certify that they do not submit any information that infringes any third-party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyrights (including the right of reproduction, distribution, public communication and transformation), related rights, sui generis rights over databases and/or any other right recognized by intellectual property regulation, industrial designs and models, patents, trademark rights, utility models, know-how and industrial secrets (hereinafter “Intellectual Property Rights”).; (2) otherwise violates applicable law; or (3) is subject to any actual or threatened litigation or claim.

Participants are responsible for (i) any violations resulting in the unauthorized use of a third party’s Intellectual Property Rights and (ii) compliance with applicable laws. Specifically, Participants also declare that all codes, information and materials submitted by them during the Pitch Day:

belong to them

are not false, inaccurate or misleading

are not in breach of any applicable laws, regulations, licenses, or third-party rights

are not harmful, threatening, defamatory, infringing, harassing or racially or ethnically offensiveare not in breach of any applicable laws, regulations, licenses, or third-party rights

do not facilitate illegal activity or depict sexually explicit images

do not promote violence or discrimination based on race, gender, colour, religious belief, sexual orientation and/or disability; and

do not cause damage or injury to any person or property.

The Organization may exclude from the Pitch Day Participants who, originally or unexpectedly, do not meet any of the requirements set out in these Terms, losing all option to participate in the Pitch Day and without the right to claim anything from the Organization. Likewise, it will be essential for the Participants to be up to date with their obligations to the Public Administration, and there are no outstanding debts with any government entity at any level.

The data that the Participants provide when registering for the Pitch Day must be truthful, so they will lose all option to participate in the Pitch Day if they do not comply with this obligation. All this, without prejudice to the responsibilities that these behaviors derive, which will be assumed in full by the Participants leaving the Organization harmless for any damage derived from any breach of these Terms by the Participants.

By registering in this Pitch Day, the Participant accepts, fully and without reservation or conditions, the provisions contained in these Terms. Participants may be subject to a due diligence review by the Organization at any time to verify compliance with these Terms. Determination of such compliance is at the sole discretion of the Organization.

The Organization reserves the right not to accept or withdraw from the Pitch Day all those Participants who act fraudulently, abusively, contrary to the spirit of the Pitch Day or the law, to the rights of third parties and/or in good faith, all of this, without prejudice to the responsibilities derived from these behaviors that will be assumed in full by the Participant, leaving the Organization harmless in any case. In any case, the Organization may exclude any Participant whose performance (or that of a related person) may be contrary to the reputation or good name of the Organization and the Pitch Day. Likewise, the Organization reserves the right not to accept any Participant that is understood that does not give an adequate response to the challenges posed or for any other justified cause.

Submission of Applications

Teams interested in participating in the Pitch Day must submit their applications through the Telefonica Pitch Day website. To do this, they must (i) fill in the corresponding participation form, attaching to their registration, as much information as is required or is considered of interest and (ii) accepting these Terms. Teams submitting their applications

Submissions received after the Closing Date (as defined below) will be considered invalid and will not be processed or accepted in the Pitch Day. Participants must complete all fields of the participation form in English. The Organization does not accept responsibility for any submissions which are lost, delayed, incomplete or otherwise not received, are corrupted or cannot be entered into for technical or other reasons. Incomplete or illegible submissions, or those non-compliance with these Terms, are invalid. The Organization has no obligation to inform Participants of any invalid entries. Proof of transmission or electronic delivery will not be deemed to be proof of registration in the Pitch Day.

Pitch Day Process

The Pitch Day is an initiative promoted by:

Phase 1 – OPEN CALL. Call for ideas is open until 28th February. Submit your project through this form.

Phase 2 – SHORTLISTED PROJECTS. AZRIELI and TELEFÓNICA will review all the projects and shortlist up to 15 to participate in the Telefonica Pitch Day in Jerusalem. Shortlisted candidates will be contacted and invited to the Pitch Day.

Phase 3 – TELEFÓNICA PITCH DAY IN JERUSALEM. Shortlisted projects will have the opportunity to pitch their ideas in front of a committee of experts from AZRIELI and TELEFÓNICA in Jerusalem. Best projects will be awarded.

Phase 4 – INVESTORS DAY. As a follow up of Telefonica Pitch Day, the awarded projects will be invited to participate in a Demo Day organised by Azrieli College . The teams will pitch in front of potential investors, including TELEFÓNICA and discuss on potential investment to support the formalisation of the project as a company.

The selection in Phase 2 and Phase 3 may be declared void by the Organization.

Dates

Open Call – From 1^st of January 2022 to 1^st of March 2022.

Day to notify the shortlisted – 14th of March 2022.

Pitch Day Date – 21st of March 2022.

Notwithstanding the foregoing, the Organization reserves the right to suspend, extend and/or modify the duration or dates of the abovementioned phases, at any time and at its sole discretion, in which case they will notify Participants in due time.

Additionally, the Organization may extend the term at its sole discretion and only to specific Participants who may have had problems submitting the proposal.

Benefits and aid

The Participant if they constitute or if they participate as a Company or the applicable legal figure, is obliged to comply with the labor and Social Security obligations and to observe the necessary measures to comply with the regulations on the prevention of occupational risks, forcing himself to hold harmless the Organization, for all those claims covered by labor regulations or occupational risk prevention. In no case may the relationship between the Organization and the Participants be considered as a labor relationship.

In any case, the Participant must respect the basic rules of coexistence and comply with the Principles of Responsible Business of the Telefónica Group, which are currently published at the following link: www.telefonica.com/es/web/negocio-responsable

The Participant exonerates the Organization (and if applicable, to Azrieli) from liability for any labor, civil, criminal, administrative or other claim that originates in the Participant’s breach of the obligations indicated in these Terms or in actions or omissions caused directly or indirectly by the members of the legal entity registering the Startup or of the Startup’s members, if applicable, who participate in the Pitch Day.

Authorization to share the information provided by the Participants with the Organization
By accepting these Terms, Participants authorize the Organization to share all the information and/or materials of any kind provided by the Participants during the Pitch Day with each other as long as they are obliged to (i) keep all confidential information secret and (ii) they use such information only for the development of the Pitch Day and as otherwise provided in these Terms (e.g. corporate, advertising, promotional purposes and/or to publicize the Pitch Day). In addition, when registering in the Pitch Day Participants can authorize the Organization to share your personal data (e.g. email of contact) with TELEFONICA and AZRIELI for clarifications on the proposal and scouting purposes only.

Industrial and Intellectual Property

Intellectual property:

The Intellectual Property Rights owned by any of the parties that intervene in the Pitch Day, whether as Participants and the own Organization, prior to the signing of this Terms, shall remain the property of the corresponding party.

However, Participants accept that, when they submit to the Organization any material, work or whichever other output of creative endeavor, they are granting to them a territorially and temporary unlimited, paid up, non-exclusive license, inclusive of sub-licensing rights to third parties, to use and exploit the pertaining work for any activity that related to the Pitch Day.

Image Rights:

All Participants, hereby expressly authorize the Organization and, when applicable, the Organization (and any company within their groups of companies) to:

capture and/or record their personal image, as well as their voice, throughout any of the activities carried out during the Pitch Day including, for example, during their participation in the Pitching Day.

use, reproduce, distribute, transform, publicly communicate or, in essence, to carry out any other actions over the images and/or photographs, videos, with or without voice, etc. (hereinafter, and collectively, the “Images”) or part of them in which they may appear.

Participants authorize the Organization to take the actions indicated in the preceding points for corporate, advertising, promotional purposes and/or to publicize the Pitch Day in both internal and external media that shall be deem appropriate for it (including, for example: the Organization website or intranet, YouTube, Instagram, LinkedIn, Twitter, Facebook, Corporate Blog, press releases, brochures, etc.).

This authorization is not limited to a specific temporal or territorial scope, so that the Organization may use the Images, or part of them, in all countries of the world without geographical limitation of any kind

However, Participants may retain their right to revoke the authorization granted herein, without prejudice to the compensatory actions that may arise in favor of the Organization by virtue of the applicable regulations in force.

Participants will not have the right to receive economic or any other type of remuneration for the authorization of the use of their image contemplated in this clause.

All this with the only exception and limitation of those uses or applications that could violate the right to honor, morality and/or public order, in the terms provided in the legislation in force in each country.

Trademarks:

For the purposes of this Terms, the trademark concept shall include distinctive signs, trademarks, logos, insignia, tradename or any other right recognized under the Spanish trademark legislation (hereinafter, the “Trademarks”).

Participants will not use the Organization’s trademarks without the express written approval.

Notwithstanding the foregoing, the Organization may use under no previous authorization, if applicable, the pertaining trademark of the legal entities where the Participants work in, for (i) corporate, advertising, promotional purposes and/or to publicize the Pitch Day (ii) by any means (including, without limitation, releases on websites, social media networks and press releases) (iii) and without any territorial or temporal limitation.

Confidentiality:

All information disclosed by the Participants, or by the Organization will be “confidential information” for the purposes of the Pitch Day.

The Participants and the Organization, in their respective case, will only use the confidential information for the Pitch Day and will not reveal, publish, or disclose confidential information to any person or entity. The Organization shall have the right to disclose confidential information to its employees, contractors, agents, advisers and subsidiary entities, in a need to know basis and provided that they ensure that said persons or entities have a legal or contractual obligation to maintain the confidentiality of the information. In no case the Participant may disclose confidential information regarding the Organization or the Participants accessed in the context of the Pitch Day.

The limitations established herein will not apply to the following information that shall not be considered confidential:

That it is already known by the recipient before receiving it from the disseminator and on which there are no restrictions on use.

That it is publicly available (without mediation by the recipient).

That it be legitimately received by the recipient of a third party who has the right to disclose it.

It is independently developed by the recipient without the use of any confidential information.

Whose disclosure has been authorized in writing by the discloser or through the acceptance of these Terms; or

That it must be disclosed at the request of any law or by order of a court, stock exchange, regulatory authority, government department or competent agency. However, prior to such disclosure the recipient shall, to the extent practicable and permitted by applicable law, consult with the discloser about the nature and purpose of the proposed disclosure.

Personal data protection and anticorruption

The limitations established herein will not apply to the following information that shall not be considered confidential:

Who is Data Controller for the processing of your personal data?

The Data Controller for the processing of your personal data you provide as a Participant, either by completing the Pitch Day registration, by browsing the Pitch Day website, or by participating in the Pitch Day, is AZRIELI COLLEGE OF ENGINEERING., an Israeli non-profit entity, with a registered address at 26 Yaakov Shreibom Street, Jerusalem 9103501, Israel, and with VAT 580283729. You may contact us at odelia@jce.ac.il

Who is Data Controller for the processing of your personal data?

Under the execution of this Terms & Conditions, our legitimate interest as the promoters of the Pitch Day, and the consent you give us when you freely participate in the Pitch Day, we may process your personal data to develop the Pitch Day or to access to any virtual or physical space or to give access to the Organization.

Under our legitimate interest as the promoters of the Pitch Day, we may process your personal data to communicate and be in contact with you with the commercial proposal to inform you about the products and services that are relevant to you through various channels, for example, receiving our newsletter or editions of the Pitch Day or other related activities, as well as surveys.

Under the consent you give us by ticking the applicable checkbox available in the registration form, we may process your personal data to share it with the companies of the Telefónica Group in order to give them access to this Showroom and generate business development opportunities that may be of interest to you.

Under the compliance of legal obligations related with the performance of the Pitch Day, we may process your personal data to attend law enforcement requests.

Under our and third parties’ legitimate interest related with the performance of the Pitch Day, we may process your personal data to comply with contractual obligations to third parties, for example license agreements and to take appropriate action regarding reports of intellectual property infringement and inappropriate content.

How long we keep your personal data?

The limitations established herein will not apply to the following information that shall not be considered confidential:

What are the recipients of your personal data?

We work with service providers who may process your personal on our behalf and who may need access, as Data Processors, to certain personal data to provide us with services related to the Pitch Day or if you give your express consent we may share with Telefónica Open Innovation, S.L.U. . These companies allow us, among other actions, to operate the technical infrastructure, in case it is necessary to access the Physical Spaces, grant access to some of the features we need to offer the Pitch Day, help protect and secure our systems and services like other companies of the Telefónica Group whenever it is essential for the development of the Pitch Day. These service providers may be located and process your personal data outside the European Economic Area. In such cases, we ensure that the transfer of your personal data to such territories is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical and organizational measures are in place, such as standard contractual clauses approved by the European Commission.

In addition to such service providers, we may share your personal data with third parties acting as Data Controllers independent of us. In such cases, we only share your personal data if there is put in place an applicable legal basis according to General Data Protection Regulation. For example, we may share your personal data with those collaborators necessary for the execution of this Terms&Conditions and to carry out processing activities related to the Pitch Day, or, if you give your consent, with other companies of the Telefónica Group for the purposes abovementioned.

What are the recipients of your personal data?

If we require the subsequent processing of your personal data for a purpose other than those contained in this data protection notice, you will be previously informed by us.

What are your rights in relation with your personal data we process?

You have the right to access, to rectification, to restrict the processing, to object to the processing, to erasure deletion, to data portability and withdrawal your given consent.

As applicable, you can exercise all these rights (at any time and for free) by sending an email to the following address along with your identity card or digitized passport:

The Participant may submit any claim or request related to the protection of their personal data to our Data Protection Officer at the following email address and before the Spanish Agency for Data Protection.

Finally, you have the right to file a complaint with the national supervisory authority. For these purposes You must contact the Spanish Agency for Data Protection, in the following information:

Spanish Agency for Data Protection
C / Jorge Juan, 6 – 28001 Madrid
www.aepd.es

Compliance with laws on combatting corruption

You hereby represent, warrants and covenants that:

You and any of its controlling entities or persons, affiliates, the partners, officers, directors, employees and agents involved in the Relevant Undertaking will comply at all times in connection with and throughout the course of the Relevant Undertaking (if applicable, including upon acquisition of the products and/or contents that are relevant for the supply of goods or rights and/or for the provision of the Products & Services subject to this agreement), with all applicable laws, statutes, regulations and codes relating to combating corruption, including without limitation the United States Foreign Corrupt Practices Act (collectively, “Anti-Corruption Laws”);

In connection with the Relevant Undertaking, neither You nor any of its controlling entities or persons, affiliates, the partners, officers, directors, employees or agents will offer, promise or give, nor have they, as at the effective date, offered, promised, or given money or anything of value, directly or indirectly, to (i) any “Government Official” in order to influence official action or otherwise obtain an improper advantage; (ii) any other person while knowing that all or any portion of the money or thing of value will be offered or given to a Government Official in order to influence official action or otherwise obtain an improper advantage, or (iii) any other person in order to induce him or her to act disloyally or otherwise improperly;

You will keep and maintain accurate and reasonably detailed books and financial records in connection with this agreement and the Relevant Undertaking.

You have and shall maintain in place throughout the term of this Agreement its own policies or procedures to ensure compliance with Anti-Corruption Laws, sufficient to provide reasonable assurances that violations of Anti-Corruption Laws will be prevented, detected and deterred.

You shall promptly report to Telefonica any violation of any of its obligations under paragraphs (a), (b) and (c) of this Section above; in such event, Telefonica reserves the right to require that You immediately takes appropriate remedial actions;

Yours representations, warranties and covenants in this Section above extend equally, for the avoidance of doubt, to any third parties subject to the control or influence or acting on behalf of You in connection with the Relevant Undertaking, and You has taken reasonable steps to ensure their compliance; and no rights or obligations of, or Products & Services to be rendered by You in connection with the Relevant Undertaking shall be assigned, transferred or subcontracted to any third party without the prior written approval of Telefonica;

You shall certify its compliance with this Section above periodically as may be required by Telefonica.

Breaches

Breach of this clause shall be deemed a material breach of this Agreement. In the event of a breach of Section above, except if remedied pursuant to Section above (e) above, this Agreement may be immediately suspended or cancelled by Telefonica and any claims for payment by You may be forfeited.

To the extent permitted by law, You will indemnify and hold Telefonica harmless from and against any and all claims, damages, losses, penalties, costs (including but not limited to legal fees) and expenses arising from or related to, any breach by You of its obligations under Section above.

WAYRA shall have the right to audit Yours compliance with its obligations and representations under Section above. You shall fully cooperate in any audit, review, or investigation conducted by or on behalf of Telefonica.

Final Considerations

Failure to comply with any of the obligations established herein and future ones agreed by the Organization, will enable it to immediately terminate its legal relationship with the Participant.

This Pitch Day may be modified, interrupted, deactivated and / or canceled for any reason, in which case the Organization will notify the Participants and without this generating any claim / compensation right.

The Organization reserves the right to declare all or some of the benefits void, if any Participant does not deserve to participate in the Pitch Day at its sole discretion.

The acceptance of these Terms entails the entering into a binding legal agreement between the Participant and the Organization governed by their provisions. If you do not agree with these Terms you will not be able to register in the Pitch Day. The terms and conditions included in these Terms do not constitute any binding or contractual link for the Organization or for the Participants beyond what is expressly provided for therein.

This Agreement shall be governed by and construed in accordance with the laws of the Spain and shall be subject to the exclusive jurisdiction of the courts of the Madrid.

web design: IRITA

Telefónica Pitch Day in Jerusalem

Legal bases of the Pitch Day

2022

The Telefónica Pitch Day

Who organizes the Pitch Day?

Participation requirements

Submission of Applications

Pitch Day Process

Dates

Benefits and aid

Industrial and Intellectual Property

Personal data protection and anticorruption

Compliance with laws on combatting corruption

Final Considerations

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