Disclaimer, Terms and Conditions
(these “Terms”)

TERA-Award (the “Award”) is organized by The Hong Kong and China Gas Company Limited (the “Organiser”).

Please read these Terms carefully before participating in the Award.
i.
(a)
By submitting an application form and participating in the Award, you are deemed to have accepted and agreed to be bound by these Terms. If you do not accept these Terms in part or in whole, please do not participate in the Award.
(b)

Submissions to the Award (“Entries” or individually an “Entry”) must be an original and novel design created and owned by the applicant. In addition, the Entry should be commercially practical.

(c)
The applicant by submitting an Entry declares and confirms that the substances of the applicant’s Entry, to the extent that they are identified as an original and novel piece of work, are work solely of the applicant’s own intellectual effort.
(d)
For the purpose of these Terms, “intellectual property rights” means all intellectual property rights, whether registered, unregistered or capable of registration, now known or hereinafter derived, conceived, invented or created worldwide. Entries may not contain any elements that violate any third party’s intellectual property rights.
(e)
Applicants shall bear full legal and other responsibilities arising from any possible violation of any third party’s intellectual property rights and shall indemnify the Organiser against any claims, losses, damages, costs, expenses and liabilities arising from any of such violation.
(f)

All Entries will be subject to these Terms including those that will be imposed by the panel of judges appointed by the Organiser (“Panel of Judges”) and the Organiser as deemed necessary.

(g)
Applicants shall fully indemnify, defend and hold harmless the Organiser and, if any, the co-organisers, sponsors, co-sponsors, the strategic partners of the Award, their respective employees, consultants, contractors and agents from and against any and all losses, damage, liability and costs of every nature incurred by any of them (including but not limited to litigation costs and legal fees) in connection with any claims, damages or losses related to applicants’ own personal information and Entries, or applicants’ breach of these Terms. Applicants agree to cooperate fully in the defense of any of the foregoing. The Organiser reserves the right, at its own expense, to control exclusively the defense of any matter subject to indemnification by applicants and applicants will not settle any matter without the Organiser’s prior written consent.
ii
Shortlisted applicants shall be requested to attend an interview with the Panel of Judges, the Organiser and/or the invited persons of the Organiser to present the Entry.
iii
No award may be granted if the Entry is deemed inappropriate for whatever reasons at the sole discretion of the Organiser.
iv
If, after an award is bestowed, any fact supplied in the relevant application is discovered to be fraudulent or untrue, or the awardee is proven to be associated with a fraudulent or dishonourable act, the Organiser reserves the right to withdraw the award and re-award another applicant at the sole discretion of the Organiser. Any award, prize and/or money that have been received by the awardee must be returned to the Organiser immediately.
v
The Organiser reserves the right to reject or disqualify any Entry and to grant or withdraw any award in regard to any Entry without any explanation.
vi
The decision of the Orgainser on all matters in relation to the Award, including the process of the Award, definitions and interpretations of these Terms, voting and any other related issues will be absolutely final and binding on all applicants. No discussion or correspondence relating to any of its decision will be entered into.
vii
The Organiser has the right to suspend or terminate (in whole or in part) any applicant’s participation in the Award, at any time at its sole discretion with or without cause.
viii
The Organiser has the right to amend, suspend or cancel the Award (in whole or in part) at its sole discretion with or without cause at any time the Organiser considers appropriate and reserves the rights at its sole discretion to change any rules of the Award, with no liability to any person including but not limited to the applicants.
ix
All costs and expenses (including but not limited to travelling expenses and costs of presentation) incurred by an applicant in relation to his/her Entry and/or participation in the Award shall be borne solely by the applicant.
x
All Entries remain the property of the respective applicants. It is the responsibility of the applicant to protect his/her own registrable intellectual property rights. The Organiser will not be liable for the loss of any intellectual property rights of the applicant as a result of the disclosure of the applicant’s design or work by the Organiser and/or, where relevant, co-organisers, sponsors, co-sponsors, the strategic partners of the Award, their respective employees, consultants, contractors, agents and the Panel of Judges.
xi
Any and all Entries, in whole or in part (in any format whatsoever) are not confidential and may be disseminated and disclosed by the Organizer for the purposes of administering, organizing, providing, hosting, fulfilling, promoting, marketing, advertising and/or showcasing the Award. Such data, material or information may therefore become known to the public.
xii
Publication or other release, announcement, dissemination of information or details in regard to any Entry is for informational purposes only and is not intended to be relied on in any way by any third party to be an endorsement, warranty, guarantee, or recommendation by the Organiser of any Entry or any applicant(s) who submitted such Entry to the Award.
xiii
None of the information, details, documents and materials submitted with or forming part of the Entry (including all supporting and materials for display or demonstration) will be returned. The Organiser will retain or destroy all such information, details, documents and materials at its sole discretion.
xiv
The applicant acknowledges that the Organizer is a leading energy supplier in Asia with a view to empowering innovative technologies and products through strategic investments in startups and later-stage businesses by offering financial support, technical resources, mentorship, and/or connections whether in the capacity as a financial investor, incubator, and/or accelerator.
If the applicant has in the future a bona fide intention to raise financing through issuing equity securities or convertible debt securities, the applicant shall notify and invite the Organizer to mutually discuss and explore in good faith any investment or other forms of collaboration opportunities, before or at the time it engages in similar discussions with any third-party investors or collaborators on similar opportunities, and on terms no less favourable than those offered to such third parties. However, the Organizer does not guarantee that any investment transactions or collaborations will be consummated.
xv
These Terms are subject to change by the Organiser when necessary. The Organiser reserves the right to amend these Terms of the Award without prior notice or announcement.
xvi
Applicants shall read carefully and agree to the Organiser’s Personal Information Collection Statement on how the Orgainser may use their personal data. By participating in the Award, applicants are deemed to have accepted the Orgainser’s Personal Information Collection Statement.
xvii
To the fullest extent permitted by applicable laws and regulations, the Organiser expressly disclaims and makes no representation as to any warranties and conditions of any kind in respect of the Award, whether express or implied.
xviii
To the fullest extent permitted by applicable laws and regulations, the Organiser shall not be liable to the applicant in contract, tort (including negligence), breach of statutory duty or otherwise for any loss, damages, costs or expenses whatsoever (including whether general, special, indirect, direct, nominal, punitive, incidental or consequential), including loss of profit; loss of revenue; loss of time; loss of anticipated savings; loss of opportunity; loss or corruption of data; loss of use; loss of business; wasted expenditure; loss of or damage to physical property; business interruption; loss of or damage to goodwill, which may arise in relation to the Award, whether or not the Organiser has been advised in advance of the possibility of such loss.
xix
The Organiser may from time to time update these Terms and the Personal Information Collection Statement by posting on the TERA-Award’s website with or without cause, notice or announcement, and with no liability to any person including but not limited to the applicants. Amended versions of these Terms and the Personal Information Collection Statement will take effect on the date specified for the amended version. Applicants shall regularly check the TERA-Award’s website for updates and applicants’ continued participation in the Award constitutes acceptance of the updated Terms and Personal Information Collection Statement.
xx
Submission of an Entry constitutes agreement with these Terms. Failure to comply with any part of these Terms may result in the disqualification of applicant(s) and any related Entry and, in such event, any awards granted must be returned to the Organiser.
xxi.
To the extent permitted by applicable laws and regulations, the Organiser and applicants hereby waive any provision of law that would render any clause of these Terms to be invalid or otherwise unenforceable in any respect. In the event that a provision of these Terms is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable laws and regulations, and the remaining provisions of these Terms will continue in full force and effect.
xxii
The Organiser reserves the right to assign or transfer part or all of its interests, rights, and obligations under these Terms to one or more of its affiliate companies. The Organiser will notify applicants should such assignment or transfer occurs.
xxiii
These Terms are governed by the laws of the Hong Kong Special Administrative Region and the applicant agrees that any dispute shall be subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region. The Award may be restricted in certain jurisdictions by law, it is the applicant’s responsibility to find out what those restrictions are and to observe them.
xxiv
If there is any inconsistency between the Chinese and English versions of this Disclaimer, Terms and Conditions, the English version shall prevail.

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