Conditions of participation EN US

Conditions of Participation

The Fox ESS Rewards Program (the “Program”) is organized by Fox ESS Germany GmbH,
based in Düsseldorf, Germany (“Fox ESS”, “we”, “us”, “our”, as the case may be) and is
subject exclusively to these Terms and Conditions of Participation (“Terms and
Conditions”), which the participant acknowledges by participating in the Program. The
Program, including the Photo Contest, is directed to companies specializing in the installation
of photovoltaic systems and energy storage systems, as well as to companies engaged in
property development or in the energy supply industry. Apple® is neither a participant nor a
sponsor of this reward program nor the photo competition.

  1. ELIGIBILITY
    1.1 Companies (corporations and partnerships as well as merchants) with their registered
    office in Germany (“Participants”) are eligible to participate under the terms and conditions
    set forth in this Section 1 and Section 2. Individual employees of the companies are not
    eligible to participate.
    1.2 Only the company issuing the invoice to the end customer is eligible to participate. Any
    subcontractors are not eligible to participate.
    1.3 Fox ESS, its affiliates and other companies involved in the implementation of this
    program (e.g., Fox ESS’ respective service providers) are not eligible to participate.
  2. CONDITIONS FOR PARTICIPATION
    2.1 Participation in the competition is subject to these conditions.
    2.2 All participants must join the Fox ESS community by registering on the community
    website (https://community.fox-ess.com/) and submitting the entry form under the company
    name, not as an individual. In addition, all participants must be registered in the Fox ESS
    monitoring system (www.foxesscloud.com) for the system submitted (inverters and/or
    batteries).
    2.3 Fox ESS products used for installation must be connected to the Internet and also
    registered online at www.foxesscloud.com.
    2.4 In order to participate, it is also necessary that all mandatory information is filled in
    completely and truthfully.
    2.5 Each participant may only register once. Participants may, however, submit several entries
    if and to the extent that these entries concern different installations, i.e. installations at the end
    customer.
    2.6 Participation in this program is free of charge. If applicable, fees for the required internet
    connection will be charged. These fees are borne by the participant.
  3. COMPETITION PERIOD
    Entries for the Photo Contest included in the Rewards Program may be submitted between
    9:00 a.m. on March 15, 2023 and 11:59 p.m. on March 15, 2024 (“Contest Period”).
  4. PARTICIPATION
    4.1 To participate in the photo contest, participants must visit the contest page
    [https://community.fox-ess.com/] within the contest period, fill in the form and:
    – Upload at least one (1) photo of Fox ESS product installation (including scan or photo
    of serial number) made in the year 2023/2024 (“Contribution”), which may depict the
    following:
    – a photo of the installed system including the cables and/or
    – a photo of the installed FoxESS products and
    – a photo with a general view of the photovoltaic system on the roof
    The submitted photos must not depict any persons.
    – fill in the questionnaire with the information below:
    4.2 Entrants may submit up to 10 photos or one additional video per entry.
    4.3 Each participant may submit several entries if and to the extent that these entries relate to
    different installations, i.e. installations at the end customer. However, each participant will
    only be considered once for the award of the prize with the best-rated entry and can
    accordingly win a maximum of one prize.
    4.4 In addition, all entries must meet the following criteria:
    – Submissions must be original and recorded by participants during the installation of
    Fox ESS products in 2023/2024.
    – Submissions must include images that clearly show normal operation of the system
    (indicator lights green) and a scan/photo of the QR code with the inverter serial
    number and battery.
    4.5 All entries must be submitted via the form on the program page during the contest period
    described above. Entries received outside the Contest Period will not be considered for the
    Photo Contest Award, but may continue to participate in the Rewards Program.
    4.6 Fox ESS will not be responsible for any Submissions that are incomplete, damaged, or not
    received by Fox ESS by the end of the Contest Period for any reason (including due to
    problems with networks or computer online systems, servers or providers, computers or
    software, failure to receive Submissions due to technical problems or traffic congestion on the
    Internet, telephone lines, or a website, or any combination of these factors), unless Fox ESS is
    at fault for any of the foregoing.
    4.7 Incomplete, invalid or inappropriate entries in accordance with section 5 or entries
    received after the end of the competition period will not be taken into account in the awarding
    of the prize and accordingly will not be awarded a prize.
  5. EXCLUSION FROM PARTICIPATION
    5.1 The contributions may not contain content that:
    – constitute a copy of another or parts of another contribution;
  • may adversely affect the name or reputation of Fox ESS or any brand partner;
  • Defame, misrepresent or contain disparaging statements about Fox ESS or its products
    and/or any other person, company or product.
  • contain third party trademarks, logos or trade dress (e.g. distinctive packaging);
  • contain third-party copyrighted material (including, but not limited to, music, poetry,
    text, photographs, sculptures, paintings, and other artwork or images).
  • Contain advertising for brands or products other than those of Fox ESS.
  • Contain names, likenesses or other identifying information of persons who have not
    consented in writing to appear in the post, including but not limited to celebrities
    and/or other living or deceased public or private figures.
  • Reveal and pursue a political agenda.
  • obscene, offensive, defamatory, ethically objectionable, glorifying violence,
    pornographic, harassing, unsuitable for minors, racist, inciting hatred, xenophobic,
    radical right-wing and/or otherwise objectionable.
    5.2 It is not allowed to use automatic aids or otherwise gain an advantage by manipulation.
    5.3 Fox ESS reserves the right to cancel, terminate, modify, extend or suspend this
    sweepstakes. In the event that viruses, bugs, unauthorized human intervention, fraud or any
    other cause beyond the control of Fox ESS materially interfere with or affect the event,
    security, fairness or proper conduct of the Sweepstakes. In such event, Fox ESS will select the
    winners from all eligible entries received prior to and/or after (if applicable) the action taken
    by Fox ESS. Fox ESS will exercise this right with reasonable care and consideration of the
    interests of all entrants.
  1. RIGHTS TO CONTRIBUTIONS
    6.1 By participating in the Program and the Contest, the participant grants Fox ESS a non-
    exclusive, worldwide, perpetual and irrevocable license to use the entry in connection with the
    Program, including any marketing activities following the Photo Contest, without further
    compensation. The license includes, in particular, subject to applicable data protection laws,
    the right to reproduce (by any known means, including digital copies), the right to distribute
    (in print or digital media), the right to display and make available to the public (including the
    right to make the entry available via the Internet, in particular social media), the right to
    broadcast (including retransmissions), and unknown types of use.
    6.2 By participating, entrant agrees that Fox ESS and its designees may use entrant’s name,
    photograph and/or likeness, statements and other personally identifiable information in any
    advertising and/or promotion in any and all media now or hereafter developed, worldwide and
    indefinitely, without further compensation, notice or permission, except where prohibited. To
    the extent the foregoing contains personally identifiable information, Fox ESS’s use of such
    personally identifiable information is subject to applicable data protection laws.
    6.3. By participating, the Participant warrants the following with respect to its Contribution:
    (a) Participant is the sole and exclusive owner of the Submission; (b) the Submission is
    Participant’s own creation; (c) the Submission does not infringe any rights (including
    intellectual property rights) of any third party; (d) any third party whose person or property
    appears in the Submission has given Participant appropriate written consent (which will be
    provided to Fox ESS upon request) that such person or property may be filmed and used as
    provided herein; and (e) Participant is entitled to assign rights in the Submissions.
  2. PRIZES PHOTO CONTEST
    7.1 The overall winners will receive the following prizes:
              Prize for the first winner: 1 Tesla Model 3 White
              Prize for the two (2) second winners: 1 Smart EQ fortwo each
    Prize for the three (3) third winners: 1 travel voucher worth EUR 5,000 each
    7.2 Each participant will be considered only once in the awarding of prizes, regardless of the
    number of entries actually submitted. Only the best-rated entry of each participant will count.
    7.3 Prizes are awarded “as is” without warranty of any kind, either express or implied. In the
    event that the prize offered is not available due to circumstances beyond Fox ESS’s control,
    Fox ESS reserves the right to offer an alternative prize of equal or greater value. All costs and
    expenses associated with the acceptance and use of the prize are the responsibility of the
    applicable winner, including but not limited to all applicable taxes (including income
    taxes)[1] .
    7.4 The right to win is not transferable to third parties. The prizes will not be paid out in cash
    under any circumstances.
    7.5 Insofar as the prize is a vehicle, no insurance is included in the prize. It is the
    responsibility of the winner to ensure that the vehicle is adequately insured before it is used
    on public roads.
  3. SELECTION OF THE WINNERS
    8.1 All Entries will be judged by a panel of judges selected by Fox ESS (“Judges”) who have
    the requisite knowledge and experience to apply the Judges’ Criteria (as defined below).
    8.2 The jury will evaluate the entries according to the following criteria:
    Compliance with Fox
    ESS installation
    guidelines

To what extent does the installation adhere to Fox ESS guidelines for
spacing and environmental factors such as installation location?

Degree of innovation

How innovative is the installation (sector coupling, leasing projects,
community solar, smart grids)?
What is the architectural design (building and integration of the PV
system)?

Degree of difficulty

How many Fox ESS products were used and integrated into the
system? How were they integrated?
Special consideration is given to whether the installation includes
multiple machines in one system (e.g. H3 + T, or 10pc of H3 in
parallel – especially important for residential and small commercial
installations) and/or is larger.

Visual appeal Does the installation look good? Here, cable management, mounting

of components, etc. in particular are taken into account.

8.3 If several entries are judged to be of equal value on the basis of the criteria mentioned in
section 8.3, the winner will be decided by lot.
8.4 The jury will select the winners after the end of the contest period until March 31, 2024.

  1. WINNER’S INFORMATION AND AWARD CEREMONY
    9.1 After March 31, 2024, the selected winners of the Photo Contest will be notified of their
    prize by email. If the selection of the winners is delayed due to a technical defect or other
    reasons, Fox ESS will notify the winners of their prize as soon as possible.
    9.2 Fox ESS reserves the right to publish the company name of the winners and the
    information which prize the winner has won. If the respective winner does not wish his/her
    company name and the fact that he/she has won to be published, he/she shall notify Fox ESS
    thereof after being notified of the win as part of the confirmation of acceptance of the win
    pursuant to clause 9.3.
    9.3 The selected and notified winners must confirm acceptance of the prize within 5 (five)
    calendar days after being notified of the prize by Fox ESS via email.
    9.4 Prizes will be delivered to winners within 30 days of notification and acceptance of the
    prize, unless delivery is delayed due to circumstances beyond Fox ESS’ control (force
    majeure), including but not limited to natural disasters or pandemics.
    9.5 If Fox ESS is unable to reach the winner to be notified via the contact details provided as
    part of the participation within one (1) month after the end of the competition, the winner
    notified declines a prize and/or a prize is returned as undeliverable, the claim to the prize of
    the winner concerned will be forfeited. In this case, an alternative winner will be selected
    based on the jury’s evaluation.
  2. PERSONAL DATA
    Fox ESS processes personal data collected under this program in accordance with the Fox
    ESS Privacy Policy
  3. LIABILITIES
    11.1 Fox ESS shall be liable – irrespective of the legal grounds – within the scope of fault
    liability only for intent and gross negligence. In case of simple negligence Fox ESS shall only
    be liable for damages resulting from injury to life, body and health as well as for damages
    resulting from the breach of an essential contractual obligation (i.e. a contractual obligation
    the fulfillment of which makes the proper performance of the contract possible in the first
    place, the breach of which endangers the achievement of the purpose of the contract and the
    compliance with which you may regularly rely on). In this case, however, liability shall be
    limited to the damage typically foreseeable at the time of conclusion of the contract.
    11.2 The above limitations of liability shall also apply to breaches of duty by persons for
    whose fault FoxESS is responsible under the statutory provisions.
    11.3 The above limitations of liability shall not apply if FoxESS has fraudulently concealed a
    defect or has assumed a guarantee and for claims under the Product Liability Act.
  4. GENERAL
    12.1 Should any provision of these Terms and Conditions be or become invalid or should
    these Terms and Conditions be incomplete, the remaining provisions of these Terms and
    Conditions shall remain in full force and effect. The parties shall replace any invalid or
    incomplete provision of these Terms and Conditions by such enforceable provision that
    comes closest to the economic purpose of these Terms and Conditions.
    12.2 These terms and conditions shall be governed by the laws of the Federal Republic of
    Germany.

[1] Please note that the prize may result in taxable income for the winning company or its
employees. Therefore, please consult a tax advisor regarding the tax treatment of the prize in
your individual case.

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