Bombardier- YouRail Train Interior Designcontest

1. This "YouRail-Visions of modern transportation" Design Contest (hereinafter “Competition”) is offered by Bombardier Transportation GmbH (hereinafter "BOMBARDIER"), a corporation having its principal offices at Schöneberger Ufer 1, 10785 Berlin, Germany. BOMBARDIER and its affiliates are the world leaders in rail technology with a presence in more than 22 countries, with over 100,000 vehicles in operation.

2. The Competition is hosted on a server from the service provider HYVE Innovation Community GmbH HYVE Innovation Community GmbH and is accessible via the following hyperlink: http://yourail-design.bombardier.com. For further details to the timeline of the Competition please visit the homepage http://yourail-design.bombardier.com. The subject of the Competition is to submit ideas for new Interior Designs for trains by BOMBARDIER (hereinafter “Interior Designs”). The goal is that one or more ideas might eventually be used by BOMBARDIER for its trains. Participants may also actively participate in the Competition by commenting upon and voting for the designs of other contestants, thus helping to select the Winners of the Competition.

3. To be eligible to take part in the Competition, participants must furthermore be age 18 or older (or, if according to the national laws applying to a participant, a higher age is required for full legal responsibility, this participant must be of at least such required age) at the beginning of the Competition. Employees of BOMBARDIER and its subsidiaries, affiliates, advertising and promotion agencies and their immediate families (defined for the purpose of these Terms and Conditions as husband, wife, mother, father, sister, brother, son, daughter, or persons residing in the household of such employees), and anyone else professionally connected with the Competition are also eligible for participation. Employees of BOMBARDIER are however not eligible to receive any of the prizes announced under Articles 14 to 19. BOMBARDIER reserves the right to verify the eligibility of participants and check their identity.

4. In order to take part in the Competition, participants must visit http://yourail-design.bombardier.comhttp://yourail-design.bombardier.com. There they may register for the Competition. Participants will be asked to submit to BOMBARDIER via a registration webpage their user name, password and e-mail-address and to confirm that they have read and agree to be bound by these Terms and Conditions. In order to be able to award prizes to the participants and develop a product based on one or more of the participant’s ideas, BOMBARDIER needs to know the identity of such participant. Therefore, such participants need to provide BOMBARDIER with their full name and address within the course of the contest within the registration webpage, latest with their announcement as one of the Winners. BOMBARDIER will use the submitted personal information only with respect to this Competition.

5. A participant may end his or her participation in the Competition at any stage by sending a brief email notification to Hyve AG at info@yourail-design.com. Termination of the participation shall not affect any rights or obligations incurred prior to the date of termination; this applies in particular, without limitation, to the assignment or grant of rights in accordance with Articles 20 to 27.

6. No purchase of any product or service of BOMBARDIER or any third party is required for participation in the Competition.

7. The process of entering an idea is supported by an easy-to-use submission procedure. Designs may be either created by computer-generated programs or drawn freehand. For further information with regard to the submission of ideas please see http://yourail-design.bombardier.com.

8. BOMBARDIER will not accept entries which contain content that is:

9. Entries must address innovation and creativity in design for interior for trains and be submitted by individual designers only. Designs, ideas or technical solutions and/or the embodiments thereof (regardless of whether these are physical or virtual) (collectively the “Material”) must not already be in production. If there is no grant of or filing for a patent, utility model or design patent, the participant shall decide on his or her own about the disclosure of his or her Material. BOMBARDIER is neither responsible for the adherence to confidentiality nor is BOMBARDIER liable for the consequences of disclosure of the Material.

10. Entries which are incomplete, defaced or damaged will be deemed invalid.

11. Participants agree to be bound by these Terms and Conditions when entering the Competition. Failure to comply with these Terms and Conditions will result in the disqualification of the participant. By entering the Competition, participants furthermore agree to abide by BOMBARDIER’S decisions, which are final and binding. The details of evaluation of the Material will not be published. Principally, BOMBARDIER will give no individual feedback or any explanation concerning the jury’s decision to the participants. BOMBARDIER shall have no obligation to respond to any correspondence received from participants or to implement the Material contained in the entries into BOMBARDIER’S products.

12. The Winners of the design contest are selected by a jury of high-profile specialists from BOMBARDIER and specialists in the field of design and transportation. In this determination process the jury will evaluate the creativity and the quality of the designs in accordance with the Competition’s topics and consider criteria such as but not limited to the degree of innovation, applicability or business impact. A further expert evaluation as well as the community evaluation will support the jury members in making their decision yet do not have direct influence on the determination of the winning designs.

13. Out of all valid entries of the Competition, the jury, supported by the community’s and the experts’ voting, will choose at its sole discretion; ten (10) participants with the best product ideas in the freely created designs section (collectively the “Free Created Design Winners”); three (3) participants of the configured design section (collectively the ”Configured Design Winners”); one (1) participant as the “President’s Pick” with the most unconventional and surprising entry; one (1) participant as winner of the “Community Vote”; and one (1) participant as the “Most Active Member” (collectively the “Winners”). Please see http://yourail-design.bombardier.com for the determination of the Winners and the award of prizes.

14. Free Created Design Winners The ten (10) freely created designs which fit best to the assessment criteria of the jury will be awarded as follows: 1st prize: 2000 € and an invitation the InnoTrans 2010 fair (inclusive travel expenses for arrival and departure) 2nd prize: 1500 € 3rd prize: 1000 € 4th-10th prize: one netbook for each Winner

15. Configured Design Winners The three (3) configured designs which fit best to the assessment criteria of the jury will win the following prizes: 1st prize: 600 € 2nd prize: 400 € 3rd prize: 200 €

16. President’s Pick Moreover, one (1) design will be awarded as the President’s Pick for an extraordinary and unconventional approach with a netbook.

17. Community Vote The design that has been voted best by the community will be awarded with a netbook.

18. Most Active Member The most active community member will be rewarded for his/her engagement with a netbook.

19. Further remuneration If applicable, further remuneration will be paid according to Article 25.

20. ALL PARTICIPANTS WILL GRANT BOMBARDIER A NON-EXCLUSIVE, IRREVOCABLE, WORLD-WIDE, ROYALTY-FREE, PERPETUAL AND TRANSFERABLE RIGHT TO USE THE MATERIAL OF PARTICIPANTS WHO ARE NOT ELECTED AS WINNERS IN ITS ORIGINAL OR IN ANY MODIFIED FORM. THIS SCOPE OF LICENSE INCLUDES ALL FIELDS OF USE. THESE ARE: THE RIGHT OF BOMBARDIER TO COPY, MAKE AVAILABLE, PUBLISH, DISTRIBUTE IN ANY MEDIUM IN PHYSICAL OR NON-PHYSICAL FORM, EXPLOIT, TRANSLATE, TRANSFORM AND/OR MODIFY THE MATERIAL, AS WELL AS THE RIGHT OF ONLINE-USE OF THE MATERIAL IN ALL COMMUNICATION NETWORKS (INTERNET) - OR USE IN FIXED AND MOBILE DATA NETWORKS AND END DEVICES. AS FAR AS THE MATERIAL CONTAINS SOFTWARE PROGRAMS, THE FOREGOING RIGHTS OF USE ARE GRANTED FOR BOTH OBJECT CODE AND SOURCE CODE OF THE SOFTWARE. BOMBARDIER ALSO HAS THE RIGHT OF COMMERCIAL EXPLOITATION, MARKETING, DISTRIBUTION AND SALE OF ANY AND ALL KINDS OF PRODUCTS BASED ON SUCH MATERIAL.

21. THE WINNERS WILL IRREVOCABLY AND UNCONDITIONALLY ASSIGN, TO THE EXTENT LEGALLY POSSIBLE, TO BOMBARDIER ANY AND ALL INTELLECTUAL PROPERTY RIGHTS, I.E. ALL RIGHTS, TITLES AND INTERESTS OF WHATSOEVER NATURE THEY MAY HAVE IN THE MATERIAL CONCERNING INTERIOR DESIGNS MADE KNOWN TO BOMBARDIER IN THE COURSE OF THE COMPETITION, INCLUDING, BUT NOT LIMITED TO, DESIGN PATENTS AND RIGHTS RELATING TO PATENTABLE INVENTIONS. THIS ASSIGNMENT WILL BE FREE OF ALL LIENS, ENCUMBRANCES AND RIGHTS EXERCISABLE BY THIRD PARTIES AND, WITHOUT PREJUDICE TO THE FOREGOING; WITH FULL TITLE GUARANTEE BOMBARDIER ACCEPTS THIS ASSIGNMENT. BOMBARDIER IS, AT ITS SOLE DISCRETION, ENTITLED TO USE INVENTIONS, DESIGNS OR PROTECTABLE IDEAS WHICH ARE CONTAINED IN SUBMITTED MATERIAL OF THE WINNERS FOR ANY TECHNICAL USE AND TO FILE FOR PATENTS AND OTHER STATUTORY PROTECTION IN ANY COUNTRY IN ITS OWN NAME AS IT SEES FIT, AND TO MAINTAIN OR ABANDON THOSE RIGHTS AT ANY TIME. THE INTELLECTUAL PROPERTY RIGHTS ARISING ON THE BASIS OF ANY SUCH REGISTRATION WILL BELONG TO BOMBARDIER. IF ANY INTELLECTUAL PROPERTY RIGHTS REQUIRE REGISTRATION OR A SIMILAR PROCESS IN ANY COUNTRY, THE WINNERS WILL SUPPORT BOMBARDIER IN SUCH PROCESS BY PROVIDING THE NECESSARY DECLARATIONS, DOCUMENTS OR OTHER MATERIAL AVAILABLE TO THEM. IF SUCH SUPPORT IS REQUIRED, BOMBARDIER SHALL COVER THE REASONABLE COSTS FOR SUCH SUPPORT.

22. WHERE SUCH ASSIGNMENT IS NOT POSSIBLE FOR LEGAL OR ANY OTHER REASONS, THE WINNERS GRANT TO BOMBARDIER AN EXCLUSIVE, IRREVOCABLE, WORLD-WIDE, PERPETUAL, SUB-LICENSABLE, TRANSFERABLE AND FULLY PAID-UP RIGHT TO USE THE MATERIAL IN THEIR ORIGINAL OR IN ANY MODIFIED FORM FREE OF ALL LIENS, ENCUMBRANCES AND RIGHTS EXERCISABLE BY THIRD PARTIES. THIS SCOPE OF LICENSE INCLUDES ALL FIELDS OF USE. THESE ARE: THE RIGHT OF BOMBARDIER TO COPY, MAKE AVAILABLE, PUBLISH, DISTRIBUTE IN ANY MEDIUM IN PHYSICAL OR NON-PHYSICAL FORM, EXPLOIT, TRANSLATE, TRANSFORM AND/OR MODIFY THE MATERIAL, AS WELL AS THE RIGHT OF ONLINE-USE OF THE MATERIAL IN ALL COMMUNICATION NETWORKS (INTERNET) - OR USE IN FIXED AND MOBILE DATA NETWORKS AND END DEVICES. AS FAR AS THE MATERIAL CONTAINS SOFTWARE PROGRAMS, THE FOREGOING RIGHTS OF USE ARE GRANTED FOR BOTH OBJECT CODE AND SOURCE CODE OF THE SOFTWARE. BOMBARDIER HAS THE RIGHT OF THE WORLD-WIDE COMMERCIAL EXPLOITATION, MARKETING, DISTRIBUTION AND SALE OF ANY AND ALL KINDS OF PRODUCTS BASED ON SUCH MATERIAL.

23. THE LICENSE PERMITS BOMBARDIER AND ITS DESIGNEES TO USE PORTIONS OF THE MATERIAL SUBMITTED BY THE PARTICIPANT, TO MODIFY OR REDESIGN ANY MATERIAL SUBMITTED, TO HAVE IT MODIFIED OR REDESIGNED, AND/OR INCORPORATE OTHER MATERIAL, EITHER CREATED BY BOMBARDIER, ITS DESIGNEES OR PARTICIPANTS OF THE COMPETITION OR LICENSED FROM THIRD PARTIES, WITH THE SUBMITTED MATERIAL. ANY SUCH WORKS WILL BE DEEMED MATERIAL OWNED BY BOMBARDIER AND WILL NOT BE SUBJECT TO THE WINNERS APPROVAL OR FURTHER PAYMENT BY BOMBARDIER

24. BOMBARDIER HAS THE SOLE AUTHORITY TO CLAIM INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OF THE WINNER’S MATERIAL BY THIRD PARTIES. THE RIGHT OF THE WINNERS TO CLAIM SUCH INFRINGEMENT IS EXCLUDED.

25. WITHIN 12 MONTHS AFTER COMPLETION OF THE COMPETITION, BOMBARDIER HAS THE RIGHT TO REQUEST ASSIGNMENT OF THE INTELLECTUAL PROPERTY RIGHTS FROM SUBMITTED MATERIAL OF PARTICIPANTS WHO ARE NOT ELECTED AS WINNERS. IN RETURN, BOMBARDIER WILL PAY A FINAL REMUNERATION OF 1000 € FOR A FREE CREATED DESIGN ACCORDING TO ARTICLE 14 OR 200 € FOR A CONFIGURED DESIGN ACCORDING TO ARTICLE 15, WHICH WILL BE PAID IN BOTH CASES WITHIN 6 WEEKS AFTER BOMBARDIER EXERCISED THE OPTION IN WRITING. IN SUCH A CASE, ARTICLES 21 TO 24 APPLY ACCORDINGLY. THE COMPETITION IS COMPLETED AFTER THE WINNERS HAVE BEEN SELECTED.

26. BY MAKING A SUBMISSION, THE PARTICIPANT ACKNOWLEDGES AND AGREES THAT BOMBARDIER MAY CREATE ON THEIR OWN OR OBTAIN MANY SUBMISSIONS THAT MAY BE SIMILAR OR IDENTICAL TO THE MATERIAL THE PARTICIPANT SUBMITS THROUGH HTTP://YOURAIL-DESIGN.BOMBARDIER.COMHTTP://YOURAIL-DESIGN.BOMBARDIER.COM OR OTHER CHANNELS AND MEANS. THE PARTICIPANT HEREBY WAIVES ANY AND ALL CLAIMS HE OR SHE MAY HAVE HAD, MAY HAVE, AND/OR MAY HAVE IN THE FUTURE, THAT SUBMISSIONS ACCEPTED, REVIEWED AND/OR USED BY BOMBARDIER MAY BE SIMILAR TO HIS OR HER MATERIAL. THE PARTICIPANT EXPRESSLY WAIVES HIS/HER RIGHT TO AUTHORSHIP CREDIT WITH RESPECT TO COPYRIGHTABLE MATERIAL.

27. ANY RIGHTS GRANTED BY THE PARTICIPANTS TO BOMBARDIER UNDER ARTICLES 20 TO 26 MAY BE ASSIGNED FURTHER TO BOMBARDIER’S AFFILIATES ACCORDING TO §§ 15 ET. SEQ. GERMAN COMPANIES ACT.

28. By entering the Competition, participants consent to BOMBARDIER using their Material made known to BOMBARDIER in the course of the Competition for PR purposes, including, but not limited to, advertisements. They further accept that all submitted Material will be published in the World Wide Web and will be available to an infinite number of users. Participants further agree to the publication of their names if they are chosen as Winners. Participants waive any claims to royalty, right or remuneration for the use as described in this Article.

29. The collection and storage of personal information for the purposes of the Competition will be conducted in accordance with all applicable data protection laws of the Federal Republic of Germany and the EU Directive for Data Protection as amended. Specifically, the data collected in the process of this Competition may be used to contact the participants and inform them whether they have won a prize and/or whether and how their Material might be used by BOMBARDIER.

30. Participants warrant and represent that their Material are original to them and that they have the right to assign the rights or to grant the licenses expressed to be granted in Articles 20 to 27, free from any and all encumbrances and third party rights.

31. By entering the Competition, participants agree to release and hold BOMBARDIER harmless from any and all losses, damages, claims, rights, liability and actions of any kind brought against BOMBARDIER in connection with the Material made known to BOMBARDIER in the Competition, or from acceptance, possession, participation, or use of any prize, or their breach of the foregoing warranties and representations including and without limitation, personal injuries and death, as well as property damage and claims based on publicity rights, defamation, or invasion of privacy. The foregoing liability is restricted to acts of gross negligence and intent except for personal injuries and death.

32. Participants hereby acknowledge and understand that in the course of the Competition, participants may have access to confidential information (“Confidential Information”).

33. Confidential Information shall mean any information either verbal, written or electronic and includes, without limitation, any documents, including electronic documents, contracts, correspondences, texts, materials, project budget, technical and operational information, analyses, compilations, studies or any other information, know-how, data or property either expressly qualified as secret, proprietary or confidential or such qualification follows from the context in which it is provided and concerning BOMBARDIER’S business or that of BOMBARDIER Affiliates or BOMBARDIER’S outsourcers. Confidential Information does not include i) information that is or becomes commonly known without a violation of this Agreement, ii) information that was lawfully received from an independent third party without any breach of confidentiality by that third party, iii) information which was approved for public release by written authorisation of BOMBARDIER and iv) information which is required to be disclosed by law or by enforceable official directives.

34. Participants shall keep secret and shall not disclose, divulge, or make available to anyone or, except in the performance of this Agreement, make use of any Confidential Information.

35. Upon termination or expiry of this Agreement, participants shall remit by commercial courier (at no extra charge) immediately to BOMBARDIER, without keeping a copy, all such Confidential Information. Participants shall ensure that such information and data saved on an electronic data carrier (e.g. internal or external hard disk, USB stick) will irrevocably be deleted and shall confirm this in writing to BOMBARDIER upon request.

36. Participants shall not without the prior written consent of BOMBARDIER (which can be withdrawn at any time for any reason) use any of BOMBARDIER’S or BOMBARDIER Affiliates’ Logo’s.

37. BOMBARDIER is not responsible for entries not received due to lost, failed, delayed or interrupted connections or miscommunications or other electronic malfunctions, or due to lost, late, mutilated, illegible, incomplete, insufficient postage or misdirected mailed entries. BOMBARDIER is not responsible for incorrect or inaccurate entry information, whether caused by persons entered at the web site or by any of the equipment or programming associated with or utilized in the Competition or by any human error which may occur in the processing of the entries in this Competition.

38. Most of the content posted on http://yourail-design.bombardier.comhttp://yourail-design.bombardier.com is provided by third parties. Such third-party content is the sole responsibility of the person creating that content. BOMBARDIER does not control, and is not responsible for this third-party content. BOMBARDIER does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any content on http://yourail-design.bombardier.comhttp://yourail-design.bombardier.com regardless of who creates that content. The participant expressly understands and agrees that he or she bears all risks associated with using or relying on that content.

39. The Competition web site may contain links and references to the web pages of third parties. BOMBARDIER is not liable for the content of such web pages and does not make representations about or endorse such web pages or their contents as its own, as BOMBARDIER does not have control over the information or contents on such web pages. Neither shall BOMBARDIER be liable for the quality, correctness or completeness of any third party information expressly provided on the Competition web site as third party information, including any information supplied by any of the sales partners.

40. Any tax or National Insurance contributions or incidental expenses arising from the prizes shall be the sole responsibility of the relevant Winner. Any prize granted in the course of the Competition shall be subject to any restrictions that may be imposed on the provision of such prize by the local or international or government authorities generally or to specific identified individuals.

41. Cash alternatives will not be given in lieu of non-monetary prizes. All monetary prizes will be paid in Euros. No prize substitution shall be granted except at the sole discretion of BOMBARDIER. If a prize cannot be granted due to circumstances beyond the control of BOMBARDIER, a substitute prize of equal value will be provided.

42. These Terms and Conditions, the conduct of the Competition and the interpretation and enforcement of these Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of the Federal Republic of Germany. The place of jurisdiction shall be Berlin.

43. BOMBARDIER reserves the right to modify these Terms and Conditions at any time without prior notice and/or to suspend, withdraw or cancel the Competition for any reason and at any time, acting reasonably, without incurring any liability. BOMBARDIER furthermore reserves the right to exclude a participant who does not abide to these Terms and Conditions at any time, without incurring any liability.