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Michele Trevisiol, Alejandro Hernández and Óscar Marín, Innova Challenge Big Data winners
Innova Challenge is a clear compromise of BBVA with Big Data and Open Innovation. Following this contest, the bank has opened his real trade data for the first time in history. First edition winners are Qkly, from Michele Trevisiol (ITA); Chances, from Alejandro Hernández (SPA) and BBVAPlaces, from Óscar Marín (SPA).
Terms and Conditions
Below are the terms and conditions of the "INNOVA CHALLENGE Big Data" competition to develop applications and tools for highlighting the value of data (CompetitionorINNOVA CHALLENGE Big Data), promoted by Banco Bilbao Vizcaya Argentaria, S.A. (BBVA or the Bank) with CIF number A-48265169 and with registered office at Plaza San Nicolás, 4, 48005 Bilbao.
INNOVA CHALLENGE Big Data is designed to promote development and generate ideas for applications and tools in the area of "Big Data". This is done using a technological base that benefits the business or social environment, with BBVA promoting the initiative.
In this way, without prejudice that as specified in Point Four of these Terms and Conditions, the participants may use existing sources outside the Bank, BBVA will make an API (Application Programming Interface) available to them through a portal exclusively for developers which will allow access to a set of exclusively statistical data that are irreversibly disassociated and aggregated (Dataset) so that in no case will it be possible to associate these data to any natural person or incorporated entity.
2. Period in force
The duration of this Competition shall be from September 23, 2013 to December 20, 2013, although its registration period is from September 23, 2013 at 18:00 (Spanish mainland time) to December 3, 2013 at 18:00 (Spanish mainline time), inclusive, extendible as necessary by BBVA (Registration Period).
National and international.
4. Right to participate
Any natural person aged over 18 years may participate in INNOVA CHALLENGE if they have either individually or collectively, without any limit on components, provided that in the latter case they act in all cases through a single representative (Participants) and comply with the following requirements:
i. That they have filled out the application form (Application Form) within the Registration Period. The form is available on http://www.centrodeinnovacionbbva.com/innovachallenge (BBVA Innovation Center website) and must include personal details (name(s), surname(s), e-mail, phone, Twitter username, profession and project category) and the project (name, brief description and methodology), which should in all cases include the requirements described in this Point Four.
ii. That between the days of October 1, 2013 and December 3, 2013, they register on the developer portal through the following url: https://www.developer.bbva.com, for which they must fill out the following data: username, e-mail address, access password, name, surname(s) and phone. In Dataset, the Participants will find statistical data that are irreversibly dissociated and aggregated, so that in no case will it be possible to associate the individual data with any natural person or incorporated entity.
Dataset will contain statistical data from commercial transactions made in the provinces of Madrid and Barcelona from November 1, 2012 to April 30, 2013. These statistical data will be broken down into the following categories: travel, technology, home, content, fashion, leisure, health and transport.
In any event, the Participant may not send or disseminate information or content that may reduce, disorganize or prevent the normal use of Dataset.
The Participant is obliged not to use data for other purposes outside the Competition.
iii. That once registered on the developer portal, between the days October 1, 2013 and December 3, 2013, either through the profile created in the Application Form or through a submission of the project (Project) to the following e-mail address: [email protected].
The Project must in all cases comply with the following conditions:
1. Its preparation must have in all cases used the data contained in Dataset, and for obtaining them used the API that offers these data.
In addition, and as a complement, the Project may include data from any other source, in which case the Participant guarantees the Bank that such data are extracted from public sources made available to the public legitimately, complying in all cases with any applicable law (Sources);
2. It consists of the creation of a computer application, a website, an article or a data display in physical or digital format, offering in all cases information visualization and/or content based on the use of new technologies;
3. It belongs to one of the categories (Categories) described below:
a. Consumer category: consists of an IT application, website or article that may be of use in the everyday life of the general public;
b. Corporate category: consists of an IT application, website or article that may be of use in decision-making, procedures and processes in companies;
c. Visualization category: consists of any data visualization element that analyzes information to allow conversion of this information into knowledge for people, companies or public institutions.
Participation in this Competition is not limited and thus each Participant may submit as many entries as he or she wants to any of the Categories specified.
4. The selection of the source of the data shall be the sole and exclusive responsibility of the Participant, who guarantees to BBVA that reuse of the data will comply at all times with each and every one of the terms and conditions of use of API/Dataset or the sources that may be established for this purpose at any time.
a) If the Participant does not comply with any of the requirements included in these Terms and Conditions, he or she will be excluded from participation, may not bid for any prize, and will be excluded from the Competition.
b) Also excluded from participation in INNOVA CHALLENGE Big Data are the following people:
Workers in the BBVA Group;
Members of the jury (hereinafter, the Jury, made up of:
Mr. Marco Bressán, Innovation and Development Manager at BBVA, "Open Platform";
Mr. Hugo Nájera, Innovation and Development Manager at BBVA, "Innovation";
Mr. Gustavo Vinacua, Innovation and Development Manager at BBVA's "Innovation Center;
Mr. Sergio Alvarez Leiva, Founder & Lead Designer at VIZZUALITY;
Mr. Esteban Moro Egido, Lecturer at Universidad Carlos III.
At the same time, BBVA may designate any other member of the Jury of recognized prestige, using its own criteria.
c) Any other person that has a first or second degree of kinship or by marriage with any of the persons named in the above two points.
5. Value and nature of the prizes
This Competition shall have a total of nine (9) winners (Winner(s)).
Below is a list of the prizes (Prize(s)) for the Winners of the Competition:
i. First Prize: three (3) cash prizes are to be awarded for fifteen thousand euros (€15,000) each for each of the Categories;
ii. Second Prize: three (3) cash prizes are to be awarded for ten thousand euros (€10,000) each for each of the Categories; and
iii. Third Prize: three (3) cash prizes of five thousand euros (€5,000) each are to be awarded for each of the Categories;
At the same time, a shortlist of nine (9) substitute participants (Substitute(s)) will be chosen to act as a reserve of Winners if the latter are not available to comply with these Terms and Conditions or do not accept the Prize within the period established in Point Seven. If the Substitutes are also not in a condition to comply with the provisions of these Terms and Conditions or do not accept the Prize, BBVA reserves the right to select another or other Substitute(s), or declare there will be no first Prize.
6. Method of participation
Once the registration period is over, the Jury, shall select between December 7, 2013 and December 17, 2013 the nine (9) Winners and nine (9) Substitutes from among the Participants who have complied with each and every one of the requirements set out in these Terms and Conditions, in accordance with the following valuation criteria:
i. That the project uses data from Dataset and contains data from other sources, so that it is an enriched as possible;
ii. That the Project provides for improved decision-making for companies and public institutions, or improves the quality of life of individuals, depending on the category of the Project assessed.
iii. That the Project proposes innovative or new ideas and/or contains innovative or new conclusions.
7. Notification to the Winners of INNOVA CHALLENGE Big Data
On December 18, 2013, BBVA will notify the Winners of INNOVA CHALLENGE Big Data by phone and/or e-mail that they have been chosen as Winners and/or Substitutes, as appropriate.
The Winner must contact BBVA via the e-mail provided for the purpose before 20:00 hours on December 20, 2013 and officially accept the prize. In this e-mail communication the Winner will provide BBVA with his or her NIF, name(s) and surname(s) and address, for the purpose of withholding or prepaying income tax, and if there is a double taxation agreement, the Winner claiming subject to such an agreement must provide a valid Certificate of Tax Residence issued by the tax authorities of the country of residence, as specified below.
If the Winner has not contacted BBVA within this specified period, he or she shall be deemed to have rejected the Prize awarded, and BBVA shall designate the corresponding Substitute instead.
At the same time, at the time of granting the Prizes, each Winner or Substitute must formalize the Prize acceptance documentation submitted by BBVA as proof of acceptance of the Prize in due time and form.
Submission of the identification and tax data of the Winner is obligatory and is necessary for the delivery of the Prizes, so the lack of any of the data shall mean the loss of the right to the Prize obtained.
The Prizes awarded by this Competition shall be subject to Law 35/2006, of November 28, approving the personal income tax system and the partial modification of laws on corporation tax, on the income of non-residence and on wealth; Royal Decree 439/2007, approving its Regulation and subsequent amendments; Royal Legislative Decree 5/2004, of March 5, approving the Consolidated Text of the Law on Income Tax of Non-Residents (IRNR), Royal Decree 1776/2004, of July 30, approving the Income Tax Regulation on Non-Residents; Royal Legislative Decree 4/2004, of March 5, approving the Consolidated Text of Corporate Taxation; Royal Decree 1777/2004, of July 30, approving the Regulation on Corporation Tax; Royal Decree 2069/1999, of December 30, approving the Statute for the government-owned business entity Loterías y Apuestas del Estado, as modified by Royal Decree 41/2010, of March 15; Order EHA/388/2010, of February 19, approving the tax on betting and promotional draws, taxpayer statement of tax, determines the place and form of presentation and establishes the conditions and procedure for its online filing of tax returns and other related provisions issued for its implementation; thus making it correspond to BBVA to prepay or withhold personal income tax (Income Tax), the income tax on non-residents (IRNR) and Corporation Tax, as appropriate.
In accordance with these laws, the Participants in this Competition are informed that the Prizes granted for participation in games, competitions, prize draws or lotteries linked to the sale or promotion of goods or services are subject to withholding or payment of personal income tax, provided that the value of the Prize is greater than three hundred euros (€300). For this purpose the rate of withholding tax or prepayment will be applied as set by law at any given time and is currently 21% for residents. The rate applicable to non-residents without permanent establishment is 24.75%, unless covered by a double taxation agreement signed by Spain, in which event it shall be as provided for in that agreement. BBVA will bear the cost of the amount of prepayment and will pay it into the Treasury on the Winner's behalf. Any tax consequences resulting from the winning of the Prize on the Winner's tax situation will be borne by him/her, thus releasing BBVA from any liability. For this purpose, BBVA shall issue and send to the Winner a certificate with the data corresponding to the Prize once the calendar year is over.
8. Confidentiality and handling of data of a personal nature
8.1. The content of the Projects presented to the Competition, as well as all the data, documentation and information of any kind that may be submitted by the Participants, shall be confidential in nature, and BBVA and the members of the Jury undertake not to use such information for purposes other than those resulting from this Competition.
The confidentiality obligation specified here does not include information received by BBVA and/(or members of the Jury which (i) the party already knows before its transmission, and the party can justify the possession of this information; (ii) is of general or public knowledge; (iii) has been received from third parties who held the information legally but were not subject to a duty of confidentiality; (iv) has been developed independently by BBVA and/or the members of the Jury, who receive it without having used either fully or partially the information contained in the Participant's Project; (v) whose transmission to third parties has been approved or consented to in advance in writing, in a general sense and with no restrictions, by the Participant from whom the information comes; and/or; (vi) it has been requested by an administrative or judicial authority.
8.2. The Participant gives authorization for the data obtained from his or her participation to be incorporated in a single information file that is owned by BBVA, to be used for carrying out the process of registration, participation, valuation of Projects and granting of the Prize. This information will be processed and stored using legally required security measures of a technical and organizational nature to ensure the security of the data, avoiding alteration, loss or unauthorized processing or access, in accordance with technology available and the nature of the data and the potential risks to which it might be exposed.
8.3. At the same time, the Participant grants authorization that the information specified in section 8.2 may be used by BBVA for the purposes explained above, unless the Participant states his or her opposition to this use by any means, including e-mail or other equivalent means of electronic communication, of any information on events related to the field of the innovation in question, in particular events organized by the BBVA Innovation Center. In no case may information that is more than six (6) months old be use for these purposes.
The authorization given for the handling of information related to the above paragraphs may be revoked at any time by the Participant through a communication to BBVA; in the case of the purposes established in section 8.2, given that it is essential for the development of INNOVA CHALLENGE Big Data, such revocation shall automatically mean the withdrawal of the Participant from the Competition. Banco Bilbao Vizcaya Argentaria, S.A. with registered office at Plaza de San Nicolás, 4, 48005, Bilbao, is responsible for the file.
The Participant may freely exercise the right to access, rectify, cancel or object to the data, under the terms of the LOPD and other implementing legislation, at the Customers Care Service of BBVA, Apartado de Correos 1598, 28020, Madrid.
All Participants in this Competition agree that BBVA may use the contents of the Project as well as their personal data for promotional use and to promote this Competition, including publication on the different websites owned by BBVA, without such use conferring the right to any type of financial compensation.
All the data requested for this purpose are mandatory, and considered essential for the development of INNOVA CHALLENGE Big Data.
9. Intellectual and/or industrial property
9.1. All the Participants in this Competition guarantee that the Projects shall be prepared without including any content over which it or any third party holds intellectual and/or industrial property rights. In any event, they guarantee that the Projects and their information are contributed voluntarily to this Competition and do not infringe the rights of third parties, and that in all cases they have the necessary authorizations to participate in this Competition; that they are not offensive or degrading, do not incite to violence, racism, or infringe fundamental rights or public freedoms recognized by applicable law and the law on protection of childhood and youth; that the do not constitute or represent an intrusion into the personal or family privacy of natural persons or a violation of the right to honor of third parties, or of the secret of communications; and they are not contrary to current law.
At the same time, all the Participants grant BBVA a non-exclusive license for internal use of their Project for a period of one (1) year, with no territorial limitation and transferrable to other entities in the BBVA Group, so that it may exercise the right to total or partial reproduction by any means and under any form, of translation, adaptation, adjustment or any other transformation, in any form; which it may exercise and develop in its own name and at its own expense.
For the purpose of this Competition Entities in the BBVA Group are understood to have the meaning under Article 42 of the Spanish Commercial Code.
9.2. Without prejudice to section 9.1 above, if the Participant should wish to commercialize his or her Project, it must be offered first to BBVA, in which case the Participant and the Bank shall negotiate the terms and conditions and, if there is agreement, carry out such commercialization, or transfer of all the operating rights of the Project to the Bank.
In accordance with the above, all the Participants of this Competition shall hold BBVA harmless at all times from any third-party claims and shall themselves be liable fully to whatever costs or monetary charges may result in favor of third parties as a result of any actions, claims or conflicts derived from breach of the obligations established in these Terms and Conditions.
The Terms and Conditions of this Competition have been filed for issue in a public document by the Notary Public Ms Miriam Hernando Deprit, address at Calle Príncipe de Vergara, 84, 28006, Madrid.
11. Exception clause and liability
If the Competition cannot be held either due to fraud detected in it, technical errors, or any other reason that is not under BBVA control, and that affects its normal development, BBVA reserves the right to cancel, modify or suspend it.
BBVA reserves the right to modify the conditions and dates of the Competition giving due notice.
BBVA is not liable for any delays or other circumstances due to third parties that may affect participation in or the development of the Competition.
BBVA reserves the right to reject any Participant that defrauds, alters or misuses the correct function and normal and regulatory operation of the Competition, carries out undue practices to increase profitability, such as use of privileged information, illicit manipulation, etc. and unduly affects the rights of third parties, or uses any types of practice that may be considered contrary to the spirit of the Competition.
BBVA does not accept any liability for damages of any nature that may arise from a temporary lack of availability or continuity of operation of the system through which participation is carried out in the Competition.
In no case shall BBVA be responsible for losses or damage of any kind that may arise from access and use of Dataset, including but not exclusively, those produced in IT systems or provoked by the introduction of a virus and/or computer hacking. BBVA shall also not be liable for damages that may be suffered by the Participants for any inadequate use of Dataset, and in no case for any outages, interruption, absence of or defect in telecommunications.
BBVA does not assume any liability for delays in the postal service or telecommunications network with respect to registrations, submission of data, delivery of Prizes, etc.
BBVA may not be held liable for data of the Winners being wrong, or if they cannot be contacted for reasons beyond the control of BBVA.
12. Acceptance of the terms and conditions
Participation in this INNOVA CHALLENGE Big Data implies the complete acceptance of these Terms and Conditions and express submission to the decisions that may be made by BBVA in interpreting them.
Each Participant authorizes BBVA to use his or her name and image in the publicity material related to INNOVA CHALLENGE Big Data, including Internet, without receiving any compensation.
The Participants shall guarantee that the Projects and their information are contributed voluntarily to this Competition, do not infringe any rights of third parties and have all the authorizations needed for participation in this Competition; and that they are not offensive, demeaning, incite to violence, racism, or infringe the fundamental rights or public freedoms recognized by the applicable law and the law on the protection of childhood and youth; and do not constitute or represent an intrusion into the personal or family privacy of natural persons, nor an infringement of the right to honor of third parties or the secret of communications; nor are they contrary to current law.
The Participants shall be held liable for any infringements caused or that may be caused of the rights of third parties through the participation of their Projects in this Competition, and shall compensate the third parties affected and BBVA for any damages involved in the breach of the above obligation.
If breach of the provision of the above paragraph leads to a claim against BBVA by third parties due to infringement of rights over matters including, but not limited to, intellectual and/or industrial property, Organic Law 15/1999, of December 13, on Data Protection (LOPD.), or any other, the Participants undertake to free BBVA from any expenses in terms of compensation for damages, interest payments, expert fees, lawyer or court agent fees, legal costs or any other item, that BBVA may be obliged to pay deriving from or related to the claim.
The Participants shall therefore hold BBVA harmless at all times from any claims by third parties and shall be liable to assume fully at their cost, any of the monetary charges that may derive in favor of third parties as a result of actions, claims or conflicts derived from a breach of the obligations established in these Terms and Conditions.
In case of disagreement between the Participants of INNOVA CHALLENGE Big Data and the interpretation of these Terms and Conditions by BBVA the courts of Madrid shall have jurisdiction to hear any litigation that may ensure, and the Participants expressly waive the jurisdiction they may be entitled to, if it is different from that agreed here.