Terms and Conditions – Startup Competition 2020
Terms & Conditions
CEMEX Ventures España, S.L.U. (hereinafter referred to as “CEMEX Ventures”) was incorporated in 2016 as the result of the relentless effort of CEMEX S.A.B. de C.V. (hereinafter referred to as “CEMEX”) to support projects aiming to develop innovative solutions resulting in disruptive changes in the construction ecosystem and to reaffirm the position of CEMEX’s group as one of the most innovative in the construction industry. For this purpose, CEMEX Ventures was incorporated as the corporate venture capital of CEMEX focused on being the leading-edge of innovation and leveraging CEMEX's knowledge of the business, technology and platforms to lead the next wave of evolution in the construction industry.
As proof of CEMEX Ventures’ support in entrepreneurial innovative solutions, CEMEX Ventures launched the first edition of the Construction Startup Competition in 2017. Due to the great success of the three previous editions, CEMEX Ventures is pleased to announce the fourth edition of the Construction Startup Competition for the fourth year in a row. This fourth edition is organized in accordance with these Terms.
The objective of the Construction Startup Competition 2020 (hereinafter referred to as the "Competition") is to invite, support and give visibility to global entrepreneurs who are willing to disrupt the construction industry and are interested in accelerating their projects’ development by leveraging CEMEX Ventures’ resources and industry knowledge. The Competition also aims to build and maintain a fluid and close relationship between CEMEX Ventures and the participants so that they keep each other updated on similar events or relevant news of the construction industry.
The ultimate purpose of the Competition consists in the selection of ten Startups that will present their projects in the Pitch Day event (please see Section 9.1). Those Startups will be selected based on various criteria such as Startups' growth potential, business model consistency and escalation feasibility (please see Section 10).
The Competition is open to any startup – meaning any company with a project at an early stage of development (hereinafter a "Startup") –, submitted by any person of 18 years of age or older at the time of registration in the Competition (see Section 4) or a legal entity (the “Participants”). Participants may submit a Startup individually or as a team. Employees of CEMEX or any Partner (or any company of their groups (as defined in article 42 of Royal Decree of 22 August 1885 approving the Commercial Code)) are not allowed to participate in the Competition. Participants may be required to provide CEMEX Ventures with proof that they meet all eligibility requirements for this Competition.
There will be no territorial limitation to participate in the Competition.
To be eligible as a potential Winner (as defined in Section 9), Participants must meet the participation requirements abovementioned (and any other requirement established in these Terms) at the time they are appointed as Winners.
CEMEX Ventures reserves the right to disqualify any Participant who (i) cheats or otherwise alters the proper development of the Competition, (ii) engages in improper practices to increase profitability, (iii) breaches the applicable law or (iv) does not comply with the Terms.
Participants may be subject to a due diligence review by CEMEX Ventures at any time to verify compliance with these Terms. Determination of such compliance is at the sole discretion of CEMEX Ventures.
Participation in the Competition is free and does not entail any obligation of relationship between CEMEX Ventures and the Startup.
Participants who wish to participate in the Competition must register via CEMEX Ventures’ website (by directly accessing https://www.cemexventures.com/startup-competition-2020/participate or by clicking the "Apply" button at the "Competition" event details section on CEMEX Ventures’ website). The registration process consists in:
filling in a submission form that will enable the Participants to explain their Startup in detail. Participants will be able to upload any files they may find useful for the assessment of the Startup. Submissions received after the Closing Date (please see Section 9) will be considered invalid and will not be processed or accepted in the Competition. CEMEX Ventures does not accept responsibility for any submissions which are lost, delayed, incomplete or otherwise not received, are corrupted or cannot be entered into for technical or other reasons.
Incomplete or illegible submissions, or those non-compliance with the Terms, are invalid. CEMEX Ventures has no obligation to inform Participants of any invalid entries. Proof of transmission or electronic delivery will not be deemed to be proof of registration. CEMEX Ventures is not responsible for, and will not assist in, resolving any disputes between team members.
The submission form shall include, among others, the following fields. Participants must complete all fields in English:
2) Last name
3) Startup name
6) Link to video about your startup
8) Number of team members
9) Year founded
About your Startup
10) Startup description:
i. Introduce a brief description about your startup (max 400 char.)
11) Which customer need or problem does your startup solve?
i. Describe what is the need or problem that your startup solves (Max. 400 char.)
12) Differentiation: describe what differentiates your startup from others.
i. Describe what differentiates your startup from others (Max. 400 char.)
13) Startup development level: Select the development level of the Startup.
i. Idea to be developed
ii. Product prototype
iv. Early commercialization
v. Generating revenue; customers using the product/service
14) Which of the following trends and technologies represents your startup?
i. 3D printing
ii. Aerial Drones
iii. Artificial Intelligence
iv. Augmented & Virtual Reality
v. BIM management
vii. Carbon capture & storage
viii. Circular economy
ix. Construction demolition and waste management
x. Equipment rental
xi. IoT & Sensors
xii. Lower CO2 materials
xiv. New construction materials
xv. Offsite construction
xvii. Real estate
xix. Supply chain management
xx. Water related solution
15) Funding raised to date
i. Amount (in US dollars) raised to date.
16) Expected funding for the next financing round
i. Amount (in US dollars) expected to raise in the next round.
17) Relevant investor/s that participated in previous round/s.
18) Expected date for the next financing round.
19) Participation in other programs (acceleration, incubation, etc.)
i. Introduce the name of other programs (not required, max. 400 char.)
i. Introduce the name and the year of awards.
21) Do you want to add more information about your Startup? Add any additional document/file that could help to better explain the Startup. (not required, max. 400 char.)
22) Have you participated previously in CEMEX Ventures Construction Startup Competition?
23) Have you ever worked with any player?
ii. CEMEX Ventures
v. Saint Gobain
Important for us
24) What do you hope to get from us? Pick between the following options.
ii. Support from our network (industry experts, clients, etc.)
iii. Technological support
vi. Coworking space
25) How did you hear out about us?
i. Social media
ii. Newspaper or specialized magazines
iii. Other incubator/Accelerator
iv. Direct mail piece
v. I knew the players before this competition
26) What is your favourite song?
- Startup logo
- File 1
- File 2
- File 3
Each submission must be of Participants’ own creation. By participating in the Competition, Participants certify that they (and/or the Startup) have sufficient ownership of the relevant intellectual property rights and the information provided during the Competition and that they have the right to register the Startups in the Competition.
Participants declare that they do not submit any Startup (i) including any information that infringes any third-party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations; (2) otherwise violates applicable law; or (3) is subject to any actual or threatened litigation or claim. Participants are responsible for (i) any violations resulting in the unauthorized use of a third party’s intellectual property and (ii) compliance with applicable laws. Specifically, Participants also declare that all codes, information and materials submitted by them during the Competition:
- belong to them;
- are not false, inaccurate or misleading;
- are not in breach of any applicable laws, regulations, licenses, or third-party rights;
- are not harmful, threatening, defamatory, infringing, harassing or racially or ethnically offensive;
- do not facilitate illegal activity or depict sexually explicit images;
- do not promote violence or discrimination based on race, gender, colour, religious belief, sexual orientation and/or disability; and
- do not cause damage or injury to any person or property.
Participants will hold CEMEX Ventures and the Partners harmless from any claim based in the breach of these Terms.
Intellectual Property Rights
The sole act of participating in the Competition does not entail the transfer of the ownership of any intellectual property by the Participants to CEMEX Ventures or the Partners.
The Competition will be developed in the following three main process stages:
- Phase 1 – Application: Participants will have to register their Startups (please see Section 4) within the following period:
- Opening date: May 19, 2020, at 00:00h (UTC/GMT +1) (the “Opening Date”).
- Closing date: July 26, 2020, at 23:59h (UTC/GMT +1) (the “Closing Date”).
- Phase 2 – Filtering and Analysis: Once Phase 1 is completed, all applicant Startups will be reviewed by CEMEX Ventures’ team and the Partners (please see Section 13) following the selection criteria set out in Section 10 below, with the ultimate objective of selecting the ten (10) most promising Startups (from now on the “Winners”). CEMEX Ventures expects that this Phase 2 will last up to four months from the Closing Date. The Winners will present their projects in the Pitch Day event (Phase 3).
- Phase 3 – Pitch Day event: The Winners will present their Startups in the Pitch Day event that is expected to be celebrated in Chicago on 3 December 2020 in the context of the Builtworlds Venture Conference 2020. For such purpose, each Winner will appoint one member of its team to present the Startup to a jury composed by certain members of CEMEX Ventures’ team and other relevant people from the construction and venture capital industries including top management people, entrepreneurs, investors, etc.
Trip and accommodation costs incurred by the presenter of each Winner to attend the Pitch Day Event in Chicago will be at CEMEX Ventures expenses.
The jury will decide on the most promising Startup(s) at the end of Phase 3 – Pitch Day event. This Startup(s) will be awarded a monetary prize of EUR 20,000 (the “Prize”). If more than one Startup is selected as the most promising, the Prize may be split among them. CEMEX Ventures will formally notify the corresponding Participant(s) about the Prize(s) and the information required to transfer it to the Startup(s). The Participant(s) will have fifteen (15) calendar days as from such communication to respond CEMEX Ventures accepting the prize and providing the information required. If the relevant Participant(s) does not accept or provide all the information needed within such timeframe, it will lose the right to receive the prize. The prize is non-transferable and cannot be, under any circumstances, exchanged, altered or compensated. CEMEX Ventures is not responsible for the use made by the awarded Startup(s) of the prize. Marketing and/or sale of the prize is prohibited. CEMEX Ventures reserves the right to change, increase, decrease or not distribute the Prize.
At the sole discretion of CEMEX Ventures, after the Pitch Day Event, the Winners will also have the opportunity to connect with CEMEX’s network, R&D and marketing team.
This preliminary schedule of the Phases abovementioned may be amended by CEMEX Ventures at any time. In such case, CEMEX Ventures shall notify the Participants of such amendments as soon as practicable.
Further information regarding the Competition process can be found at CEMEX Ventures’ website or at the "Competition" event details at CEMEX Ventures’ website.
In Phase 2 – Filtering and Analysis, the Startups will be reviewed by CEMEX Ventures and the Partners (please see Section 13). Winners will be selected based on the following criteria: (i) relation to the construction industry, (ii) solution of any of the main pain points suffered by the actors involved in the construction value chain and (iii) focus on at least one of the following six opportunity areas (“Focus Areas”):
- Project design & engineering: Optimize the construction project design and specification process with innovative solutions for the design, engineering and planning. Provide the industry with suitable techniques and tools to maximize a construction project’s efficiency and quality.
- Digital solutions for project & jobsite management: Improve productivity, efficiency and the quality of the construction work through a connected & monitored jobsite. Boost labour optimization, develop responsive construction schedules and enhance working capital cycle improvement.
- Supply chain management: Help the key actors of the industry to obtain suitable goods and services at the right place and time they need. Drive the construction industry by optimizing resource sourcing, fleet tracking and inventory management.
- Innovative building materials & construction methods: Build with the materials and methods of the future. Upgrade the way the industry works with smart materials, innovative construction methods and new technologies that empower cheaper, faster and better performing developments.
- Smart & sustainable buildings and cities: Build the metropolises of the future by promoting smart cities and buildings with the best resource efficiency. Offer solutions based on crowd-powered & resilient cities, new energy sources, a suitable asset management and assure a proper demolition.
Startups' growth potential, business model consistency and escalation feasibility are key areas that will be assessed for each Startup throughout the selection process, together with other criteria that the Competition panel of experts may find to be relevant.
The Prize is governed by Law 35/2006 of November 28 approving the Personal Income Tax (IRPF) and the partial amendment of the Laws on company, non-resident income and wealth tax; Royal Decree no. 439/2007, approving its regulation and subsequent amendments; Royal Decree-Law 5/2004 of March 5, approving the revised text of the Non-resident Income Tax Act (IRNR); Royal Decree 1776/2004 of July 30, approving the Regulation of Non-Resident Income Tax; Law 27/2014, of November 27, on Company Tax (IS); Royal Decree 634/2015 of July 10 approving the Regulation on Company Tax, and therefore, in that case, CEMEX Ventures shall be responsible for making the payment on account or the corresponding withholding of the Personal Income Tax (IRPF), Non-Resident Income Tax (IRNR) or Company Tax (IS).
In accordance with the mentioned regulation, Participants are informed that the Prize granted is considered capital gain subject to withholding tax or payment on account of the aforesaid taxes if the value of the Prize exceeds three hundred euros (€300), being the base of the withholding tax or payment on account the total amount of the Prize, without deduction of the aforementioned €300. For this purpose the rate of payment on account established by law at any given time will be applied, currently 19% for residents of the European Union or the European Economic Area (Norway and Iceland) provided that for non-residents in Spain, there is effective exchange of tax information with the European Union or the European Economic state they are resident, under the terms provided in section 4 of the first additional provision of Law 36/2006, of November 29, approving measures for the prevention of tax fraud, and 24% for all other non-residents without permanent establishment, unless these last two cases are covered by a Treaty to avoid double taxation signed by Spain, in which event it shall be as specified in that Treaty.
Any tax consequences on the relevant Startup’s tax situation as a result of obtaining the Prize will be borne by the relevant Startup itself, thus releasing CEMEX Ventures from any liability. For this purpose, CEMEX Ventures will issue and send to the Startup a certificate with the data corresponding to the Prize after the end of the calendar year.
Construction Startup Competition 2021
CEMEX Ventures have entered into a collaboration agreement with the following third companies that will be involved in the filtering and analysis of the Startups, will actively participate in the Pitch Day Event (e.g. being part of the jury) and will promote the Competition through branding, marketing and communication campaigns (the “Partners”):
- SOCIETE EUROPEENNE DES PRODUITS REFRACTAIRES, a company existing under the laws of France, having its registered address at 18 avenue d’Alsace, Immeuble “Les Miroirs”, 92400 Courbevoie (France), registered at the R.C.S Nanterre under the n° 305 756 413;
- LNRD, a company existing under the laws of France, having its registered address at 12-14 rue Louis Blériot, 92500 Rueil-Malmaison, registered at the Nanterre trade and companies under the number 814 234 142;
- FERROVIAL CORPORACIÓN, S.A., a company existing under the laws of Spain, having its registered address at Calle Príncipe de Vergara, 135, 28002 Madrid, Spain, holder of Tax Identification Number A-85959484; and
- HILTI Corporation, a company existing under the laws of the Principality of Liechtenstein, having its registered address at Feldkircherstrasse 100 – FL 9494 Schaan – Principality of Liechtenstein, holder of Registration number FL-0001.011.557-0.
Authorizations granted by the Participants by accepting these Terms
By accepting these Terms and the Competition Privacy Notice Participants expressly grant the following authorizations:
Authorization to CEMEX Ventures to share the information provided by the Participants with companies within the same group
By accepting these Terms and the Competition Privacy Notice, Participants authorize CEMEX Ventures to share all the information provided by the Participants during the Competition with any company within its group for the purpose of analysing any potential establishment of business relationships and contacting the Participants for that purpose.
Authorization to CEMEX Ventures to share the information provided by the Participants in Phase 1 with the Partners
By accepting these Terms and the Competition Privacy Notice, Participants authorize CEMEX Ventures to share all the information provided by the Participants in Phase 1 – Application of the Competition (including, for the avoidance of doubt, Participants’ personal data (if any)) (the “Startup Information”) with the Partners as long as they are obliged to (i) keep all non-public information secret and confidential and (ii) they use such information only for the development of the Competition, to analyse potential business relationships with Participants (being expressly hereby authorized to directly contact the Participants for this purpose) and as otherwise provided in these Terms.
General authorization to CEMEX Ventures and the Partners to disclose the Startups’ and Participants’ details
This authorization is granted so long as: (i) the information to be disclosed is generally and publicly available, (ii) Startups’ and Participants’ intellectual property is always respected and (iii) the purposes of the disclosure are advertising, informative and promotional purposes regarding the Competition or related topics (e.g. top 2020 Construction technology startups) with no right to compensation.
In the event that the information was published on CEMEX Ventures’ or Partners’ websites, Participants shall be entitled to ask them to erase or update any information of their profile contained on the relevant website at any time without cause. CEMEX Ventures and the Partners shall be entitled to erase any information of the Startups or the Participants from their websites or social media networks at any time without cause.
Authorization to CEMEX Ventures to videotape and record the Pitch Day Event
The Pitch Day Event as well as certain preparatory acts (including Participants’ participation, image and voice) (the “Pitch Day Event Content”) will be videotaped and recorded by CEMEX Ventures for the purposes of (i) live broadcasting the Pitch Day Event and any other preparatory acts on a platform made available by a service provider and (ii) issuing press releases, social media announcements and making any other internal or external communication related to the Pitch Day event or the Competition. CEMEX Ventures may also share such Pitch Day Event Content with the Partners so that they can also promote the Pitch Day event or the Competition by issuing press releases, social media announcements and making any other internal or external communication.
By accepting these Terms and the Competition Privacy Notice, Participants expressly authorize CEMEX Ventures to (i) videotape, audiotape, photograph, record, edit or otherwise reproduce their participation in the Pitch Day Event and any other preparatory acts and (ii) share with the Partners the Pitch Day Event Content, for the purposes established above.
Authorization to the Partners to reproduce the Pitch Day Event Content
By accepting these Terms and the Competition Privacy Notice, Participants authorize the Partners to edit and reproduce the Pitch Day Event Content provided by CEMEX Ventures for the purposes of issuing press releases, social media announcements and making any other internal or external communication related to the Pitch Day event or the Competition.
Participants expressly release CEMEX Ventures and the Partners from any claims (i) they may have arisen out of the disclosure of their information to the extent CEMEX Ventures and the Partners have complied with this Section 14 or (ii) filed by a third-party based on the information provided by the relevant Participant.
Acceptance of the Terms
Registration in the Competition implies the acceptance in full of these Terms by the Participants.
Amendments and cancellation
CEMEX Ventures has the right to amend these Terms or cancel the Competition at any time. In such event, CEMEX Ventures shall publish the amendments or cancellation on its website. If, upon notification of the amendment of these Terms, a Participant does not expressly cancel its registration it shall be understood that it accepts the amended version of the Terms.
Participants are allowed to modify the information submitted or cancel its registration in the Competition by sending an email to Ibon Iribar (email@example.com)
Applicable Law and Jurisdiction
These Terms and any issue arising in relation to the Competition shall be governed by Spanish law. Participants hereto submit to the exclusive jurisdiction of the Courts of the city of Madrid, expressly waiving any other law and venue to which they may be entitled by reason of their present or future domicile or by any other cause.