PARTICIPATION RULES

POSITIVE ENERGY+ PROGRAMME

  1. ORGANISATION OF THE ‘POSITIVE ENERGY+’ PROGRAMME

The companies listed below (hereinafter the “PROMOTERS”) with the addresses shown next to their respective names, are the organising entities of the Positive Energy+ programme (also referred to as the “Programme”) the description of which is contained in these rules:

Corporate NameRegistered Office
Corporate nameRegistered office
Acciona, S.A.Avenida de Europa nº 18, Parque Empresarial de La Moraleja, 28108 Alcobendas (Madrid)
BP España, S.A.U.Av. de la Transición Española, 30, 28108 Alcobendas, Madrid
Capital Energy Holco, S.L.U.C/ Marqués de Villamagna 3, planta 5, 28001, Madrid.
Compañía Logística de Hidrocarburos CLH, S.A.C/Titán 13, 28045, Madrid
KIC INNOENERGY IBERIA S.L.Calle Jordi Girona (edifici Nexus ii), 29, 08034, Barcelona
Enagás, S.A.Paseo de los Olmos, 19, 28005 Madrid
Inversiones Financieras Perseo, S.L.Plaza Euskadi, Nº5 48009 – (Bilbao) Vizcaya
Red Eléctrica y de Telecomunicaciones, Innovación y Tecnología, S.A.U.Paseo del Conde de los Gaitanes 177, 28109, Alcobendas (Madrid)

The following organisations are also involved in the organisation of the Programme for the purposes of providing the collaboration specified below (hereinafter the “PARTNERS”):

Corporate nameRegistered office
Asociación Española De Capital, Crecimiento e Inversión, ASCRI C/ Príncipe de Vergara, 55 – 4º D, 28006, Madrid 
Fundación General Universidad de SalamancaHospedería del Colegio Fonseca, C/ Fonseca, 2 – Salamanca 37002
Charaxes Jasius, S.L.C/ Corta 1 – Urbanización Alamos De Bularas, 28224 – (Pozuelo De Alarcón) – Madrid
Sociosinversores 2010 PFP, S.L.C/ Ríos Rosas (edificio 2), 47 – Entresuelo C, Madrid, 28003, Madrid

The PROMOTERS and PARTNERS may have external support and/or one or more of their respective subsidiaries for the correct operation of the Programme in any of its phases.

Participation in the Programme will imply full acceptance of and compliance with these rules.

Specific questions that participants may have regarding the Programme can be sent at any time to the following e-mail address: contacta@callenergiapositiva.com

  1. PURPOSE OF THE PROGRAMME

The Positive Energy+ programme is open to companies or entities incorporated under any form of legal entity and which submit innovative projects during their registration for the Programme. Such projects must be at a start-up or scale-up phase in any of the areas listed below and, due to their characteristics and development prospects, may contribute to mitigating the harmful effects of the COVID-19 health crisis on Spain’s socio-economic system in the short and medium-term:

  • Sustainable mobility
  • Decarbonisation and sustainability
  • Social impact
  • Digitalisation and 4.0

In the presentation of proposals, the following references may be included as mere examples: feasibility plans for the project in question, validated business plans, basic financial forecasts, proposals for potential joint ventures for the development of the project, investment proposals or the performance of a pilot, among others.

  1. REQUIREMENTS FOR PARTICIPATION AND SUBMISSION OF PROPOSALS
  2. PARTICIPATION REQUIREMENTS

Participation in the Programme will be open to any national or international legal entity, regardless of its nature, which is in the business phase of Start-up/Scale-up and has developed a business proposal whose subsequent implementation can be carried out within a deadline of one year through one of the mechanisms referred to on the website https://callenergiapositiva.com/ and these rules. The aim of the development is to contribute to the economic and social recovery of Spain in the face of the crisis caused by the COVID-19 coronavirus pandemic.

  1. REQUIREMENTS FOR SUBMISSION OF PROPOSALS

Proposals must include at least all the points specified in the form accessible from the Programme website: https://callenergiapositiva.com/

Participating organisations may also provide any additional information they consider relevant to the correct evaluation of the proposals in the formats and file types eligible according to the instructions contained in the form.

Participants must provide detailed information on their proposals, and any links to additional documentation that participants may wish to provide in their registration may be attached.

Only proposals and information received through the Programme website will be accepted, and only during the period specified in point 4.

The languages of submission will be English and Spanish. 

While the registration deadline for the Programme remains open, participants may modify the content of their proposals. 

No further changes will be accepted after the registration deadline.

Any incomplete or inaccurate entry form will be disregarded and will automatically result in the disqualification of the proposal in question.

Participants are obliged to register using their personal details, without allowing the use of pseudonyms or false identities. The PROMOTERS and PARTNERS reserve the right to carry out any checks that may be necessary to verify the foregoing.

The PROMOTERS and PARTNERS will not be obliged to return the information provided by the participants in the entries submitted.

  1. DECLARATIONS OF THE PARTICIPANTS

On submitting their proposals, the entities participating in the Programme guarantee the PROMOTERS and PARTNERS:

  1. That the proposals presented are original from their authors and/or that the participating entities have full ownership or free disposal of any elements incorporated in the proposal. The applicants will be liable for any possible infringement of any third party rights, and the PROMOTERS and PARTNERS will be exempt from any liability in this regard.
  2. That they have the consent of those third parties whose personal data are included in the proposals.
  3. That the information provided in the proposals does not contain confidential information, or industrial or commercial secrets, of the applicants and/or third parties. 
  4. That they have full legal and operational capacity to take part in the Programme and that their participation does not infringe any rule of any kind.
  5. That they will assume any taxes that may arise from their mere participation, as well as from the potential securing of any of the economic contributions provided for in these rules or that they may receive as a result of taking part in the Programme.
  6. That they accept that the PROMOTERS and PARTNERS will not be liable for any damage, loss, cost, harm and/or claims that participants may incur or suffer as a result of submitting their proposals to the Programme.
  7. DEADLINES FOR ENTRY AND DEVELOPMENT OF THE PROGRAMME

The deadline for the submission of proposals will start on April 6, 2020 and the registration deadline for the Programme will be April 19, 2020 at midnight (CET). 

The deadline for the evaluation and pre-selection of projects will be April 20-24, 2020. 

This evaluation and pre-selection process will be carried out by an evaluation committee set up by common agreement between the PROMOTERS and PARTNERS and comprising the persons determined by each of them (hereinafter the “Evaluation Committee”). 

Between April 27 and 30, remote interviews will be conducted with the owners of the projects selected in the phase referred to in the previous paragraph. 

These interviews will be convened and conducted by the Evaluation Committee, which may be joined by the experts that the Evaluation Committee deems necessary and/or appropriate. 

As a result of these interviews, the Evaluation Committee may reduce or increase the number of projects initially selected. 

Once the interview phase has been completed, the owners of the proposals finally selected will be contacted to move on to the next phase described below.

From May 4, 2020, the rules for the corresponding agreements to be concluded between the PROMOTERS and PARTNERS and the entities owning the selected projects will be established and the specific development actions agreed in relation to each proposal will take effect

The final content and the signatory parties of each of the agreements negotiated and possibly concluded will depend on the particularities of each case and the opportunities that each project and each PROMOTER and/or PARTNER presents. 

The selected proposals will be announced on the website https://callenergiapositiva.com once the relevant agreements have been concluded with the companies in these proposals.

Decisions on the selection of proposals will be final and no complaints will be accepted at any stage concerning the selection made.

PROMOTERS and PARTNERS may decide to leave the call open at any stage if they consider that the level of demand for the proposals submitted does not meet the expectations and/or objectives of the Programme.

Likewise, the PROMOTERS and PARTNERS may decide, at their own discretion and in any case guaranteeing compliance with applicable law at any given time in view of the situation generated by the health crisis we are experiencing, to hold a final event to publicly disclose the proposals finally selected in the Programme. Any decision taken in this regard would be communicated sufficiently in advance to the participants that the PROMOTERS and PARTNERS decide to invite to such an event.

The PROMOTERS reserve the right to shorten, extend or otherwise modify the deadlines set out in these terms and conditions depending on the quantity and quality of the proposals received, in cases of force majeure, as a result of any legal or reasonable requirement arising from the health crisis generated by COVID-19, or for any other reason, circumstances which, where appropriate, will be duly communicated through the website https://callenergiapositiva.com/ 

  1. ALTERNATIVES FOR THE FURTHER DEVELOPMENT OF THE SELECTED PROPOSALS

During the evaluation and selection phase described above, the PROMOTERS and PARTNERS will analyse the different options available to them to contribute to the further development of the selected proposals, in any case taking into account the particularities of each selected proposal and responding to the national emergency situation posed by the COVID-19 health crisis.

Thus, and for merely illustrative purposes, the PROMOTERS may, at their sole discretion, offer the selected proposals, either themselves or through any of their subsidiaries or investees, one or more of the following mechanisms depending on the specific needs identified in each case and the tools available at each of the PROMOTERS:

  • Support tools such as pilot projects, partnership agreements for marketing products and/or services, field tests, deployment of protection strategies, assessment and/or exploitation of technologies, etc.
  • Financing tools such as investment agreements, equity loans, convertible notes, access to national and EU aid and grant programmes, etc.
  • Incorporation into acceleration programmes and incubators, commercial channels and/or networking channels.
  • Purchasing programmes, such as assuming the role of launching customers or making innovative purchasing tools available to selected proposals.
  • Programmes for product development by becoming beta-testers, industrial partners or co-developers of a certain product or service.
  • Other tools such as training, mentoring, marketing, communication, innovation methodologies and similar.

Furthermore, the PARTNERS may offer, also at their discretion, according to their particular areas of activity and interest and based on the needs and opportunities for rapid development of the selected proposals, tools including some of the following:

  • Direct access to start-up competitions, offering pitch services, commercial stands, matchmaking, networking meals, among others. 
  • Appearance in analogue and digital media.
  • Access to information databases related to entrepreneurship, especially in the sectors covered by the Programme. 
  • Access to investment deal flow and several communication tools.
  1. INTELLECTUAL PROPERTY RIGHTS

Each Programme participant guarantees the PROMOTERS and PARTNERS that they are the author and holder of all rights of both intellectual and industrial property, as well as the know-how and industrial or commercial secrets that are derived from, included in or used in the proposals submitted to the Programme. 

Participants guarantee that their participation will not infringe any intellectual or industrial property rights, or any other rights of third parties, in Spain or abroad, in relation to the content and elements included in the proposals submitted. The PROMOTERS and PARTNERS and any third party participating in any phase of the Programme are exempt from any liability relating to a potential infringement in the aforementioned sense, and participants must ensure the corresponding indemnity in this regard.

Participation in the Programme implies that participants are fully entitled to authorise the PROMOTERS and PARTNERS to review and analyse the proposals, although the PROMOTERS and PARTNERS do not claim any ownership over the information provided by the participating entities, the intellectual or industrial property that each proposal may contain, or any other element included in the proposals. This is without prejudice to what may be agreed in each case between the PROMOTERS and/or PARTNERS and the participants and/or entities that own the proposals.

In those cases in which the further development of the selected proposals implies that one or more of the PROMOTERS reserve for themselves and/or for one or more of their subsidiaries and affiliates the right to offer a specific proposal for collaboration consisting of taking a stake in the share capital of the company in question, the PROMOTERS involved may request full ownership from the holders of the corresponding rights related to the selected projects, and that the use and exploitation rights over any elements and rights included in the original proposal be transferred to the legal entity that, according to what is agreed in each case, has to develop and/or market the selected project in question. 

Accordingly, the participants agree that the PROMOTERS will be co-owners, in the proportion and to the extent agreed in each case, of the results or improvements of any kind, protectable under current law, relating to projects that have been selected to be developed in accordance with the provisions of these rules and with what has been agreed in each case between the PROMOTERS, any of their subsidiaries or affiliates, and the entities that own the respective projects.

  1. DATA PROTECTION, ADVERTISING AND IMAGE RIGHTS

Participation in the Programme is voluntary and management of such participation by the PROMOTERS and PARTNERS will necessarily require the processing of personal data provided by participants. 

The participants must give their consent to data processing by the PROMOTERS and PARTNERS before completing the entry form. The PROMOTERS and PARTNERS will have to inform participants of both the content of these rules as well as of such data processing to the persons whose personal data they provide in the participation form, if applicable.

Consequently, participants must have the express consent of such third parties prior to communicating any of their data in the context of the Programme, this company being exempt from any liability for lack of information or consent of such third parties for the processing of their data by the PROMOTERS and PARTNERS.

Participation in the Programme also implies that participants give their express authorisation, without any consideration, for the PROMOTERS and PARTNERS to disseminate the progress of the proposals submitted, including the title attributed to them, as well as the name and/or denomination of the individuals and legal entities participating in the Programme and the personal data of the participants consisting of their name and surname(s), both for filing and record purposes and in any internal and/or external media, whether or not in the context of any advertising or promotional campaign related to the Programme.

Accordingly, participants must provide the specific biographical data and photographic content requested by the PROMOTERS and PARTNERS for such communication, pursuant to the previous paragraph.

The mere publication of the name or denomination of a participant, whether an individual or a legal entity, and/or the existence of a given proposal will not generate any economic rights in favour of the participants concerned.

For their part, the finalists may include their participation in the Programme in the media they consider appropriate, but in any case with the prior written approval of the PROMOTERS and PARTNERS.

  1. CANCELLATION AND/OR MODIFICATION OF THE PROGRAMME

The PROMOTERS and PARTNERS reserve the right, if circumstances warrant, to cancel or postpone the Positive Energy+ programme.

These rules may be modified without prior notice during the course of the Programme, in which case participants will be duly informed through the website https://callenergiapositiva.com/

The PROMOTERS and PARTNERS will not accept any claim related to the occurrence of the circumstances described in this section.

  1. LIMITATION OF LIABILITY OF PROMOTERS

The PROMOTERS and PARTNERS are not obliged to take any action in relation to the proposals presented beyond what is indicated in these rules and/or on the website https://callenergiapositiva.com/ and, in any case, subject to the discretion of the former as set out herein and without prejudice to what may be formally agreed upon in relation to any specific proposal.

The PROMOTERS and PARTNERS reserve the right to take legal action in the event of deception, infringement of any kind, fraud, wilful misconduct, gross negligence and/or bad faith, or attempt at any of these actions, by any of the participants. Furthermore, neither the PROMOTERS nor the PARTNERS will bear any liability whatsoever in respect of other participants or third parties in any of these cases.

The PROMOTERS and PARTNERS will not mediate or be responsible for any disagreements that may arise between participants, nor will they be liable for any physical damage that participants may suffer outside of the establishments in which they may organise events to which any participant may attend.

  1. NON-DISCLOSURE

The PROMOTERS and PARTNERS will not be obliged to keep confidential or secret the information provided by the entities participating in the registration process of the Programme or in any subsequent phase of the same. This is without prejudice to the provisions of the Spanish legislation in force on the protection of personal data. 

The PROMOTERS and PARTNERS may consider offering participating entities, at any stage of the Programme, the possibility of concluding a non-disclosure agreement in order to share and obtain, whilst simultaneously protecting, more information and details about the content of some of the proposals. 

  1. LEGISLATION AND DISPUTE RESOLUTION 

The development of the Programme, as well as any contractual relations that may be established with participants as a result of the Programme, will be subject to the applicable Spanish legislation in force.

Any dispute that may arise between the participants and the PROMOTERS and PARTNERS that cannot be resolved amicably by them will be submitted to the competent courts of Madrid.

Madrid, April 7, 2020.