By submitting your idea for the Virtimo Client and Partner Day, you accept the following terms and conditions:
1. Eligibility requirements
Persons of legal age who act on behalf of a Virtimo client, partner, or prospect company and who have been invited to the Virtimo Client and Partner Day are eligible to participate. Employees of Virtimo are excluded from participation.
The participant warrants that they are authorized to accept these terms on behalf of and with binding effect for their company.
2. Submission and rights to the idea
Rights to the idea: by submitting an idea, the participant guarantees that they hold the rights to the idea and do not infringe upon any third-party rights. “Idea” is understood to mean concepts, proposed solutions, process optimizations, or technological approaches. Finished software products or third-party works protected by copyright are excluded. Intellectual property in the idea remains with the submitting party.
Rights of use: the participant grants Virtimo a free, non-exclusive, perpetual, and geographically unrestricted right to evaluate, internally review, and present the idea as part of the event. Virtimo may use material created during the pitch (e.g., recordings, mentioning the idea, and presentation materials provided by the participant) for an unlimited period for post-event reporting and marketing.
Independent development: the submission does not prevent Virtimo from developing or offering products or services that resemble the submitted ideas, provided these were created independently and without the use of confidential information provided by the participant.
Confidentiality: the pitch takes place publicly. It is the participant’s responsibility not to submit any trade secrets or confidential data. Virtimo assumes no liability for the disclosure of content submitted or presented by participants.
Indemnification: the participant indemnifies Virtimo from third-party claims based on an infringement of third-party rights by the submitted idea.
3. Prize, PoC implementation, and taxes
Prize: the prize includes a maximum of 10 Virtimo person-days for the implementation of a Proof of Concept (PoC). Cash payout, exchange, or transfer of the prize is excluded.
Cooperation: the winning company commits to providing reasonable cooperation (e.g., providing information or test data). Scheduling takes place by mutual agreement. The entitlement to implementation of the PoC expires if, for reasons attributable to the winning company, it is not started within 9 months of the winner announcement.
Rights to PoC results: the specific work results developed as part of the PoC (e.g., client-specific logic) become the property of the winning company. Virtimo retains ownership and unrestricted rights of use to existing know-how, background IP, used frameworks, modules, and developed core components, and may continue to use them without restriction.
No warranty: the PoC services are provided as experimental services. No warranty is assumed for functionality, completeness, or fitness for a particular purpose.
Taxes: the service provided as a prize constitutes a non-cash benefit. Virtimo does not assume flat-rate taxation pursuant to Section 37b EStG (German Income Tax Act). Any applicable taxes (in particular, taxation as operating income) must be borne and paid by the winning company. Tax reporting is solely the responsibility of the winner.
4. Compliance, liability, and final provisions
Compliance: the participant shall check in advance whether accepting this prize is compatible with their company’s internal compliance guidelines or anti-corruption requirements.
Liability: Virtimo is liable for intent and gross negligence. For slight negligence, Virtimo is liable only in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place. Liability for damages arising from injury to life, body, or health remains unaffected.
Cancellation: Virtimo reserves the right to cancel or modify the competition if there are important reasons (e.g., insufficient number of participants, technical reasons). Legal recourse is excluded.
Jurisdiction & applicable law: the laws of the Federal Republic of Germany apply. The exclusive place of jurisdiction for all disputes arising from or in connection with this competition is Berlin.
Severability clause: should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected.
5. Data protection provisions
Responsibility & purpose: Virtimo processes the data collected in the registration form (name, contact details, company affiliation, and content details of the idea) for the purpose of organizing and conducting the pitch competition. The legal basis for this is the performance of the participation relationship (Art. 6(1)(b) GDPR) and your voluntary consent (Art. 6(1)(a) GDPR).
Media recordings: photo and video recordings will be made during the Client and Partner Day. Virtimo uses these recordings to document the event and for internal and external marketing purposes. The legal basis is Virtimo’s legitimate interest in public relations (Art. 6(1)(f) GDPR) or your consent, provided this was explicitly requested.
Retention period: unsuccessful submissions will be deleted after the conclusion of the competition, provided no statutory retention periods conflict. Data of winners will be stored in the system for the duration of the PoC realization and in accordance with commercial and tax retention obligations.
Data subject rights: you have the right at any time to access, rectification, erasure, restriction of processing, and data portability. Furthermore, you have the right to revoke any consent granted at any time with effect for the future. Please address inquiries in this regard to datenschutz@virtimo.de. You also have the right to lodge a complaint with the competent data protection supervisory authority.