Xathon terms of participation

I. Terms and conditions of participation – data protection statement

1. Process and execution of the selection procedure

Henkel AG & Co. KGaA Henkelstraße 67, 40589 Düsseldorf (herein “Henkel”) hosts the event „Xathon“ as a hybrid event. When the application for the Xathon is successful, participants may participate at all three days of the Xathon. 

  • Xathon 2022 will be held offline in Berlin in compliance with the COVID-19 public health guidelines on the dates of the event in September.  
  • Requests for participation in the Xathon may be rendered until July 31th, 2022
  • When applying for participation in the Xathon, applicants must fill out and sent the application form.  
  • The participants will be selected by an internal Henkel jury, according to the following criteria: Innovation Power, Moonshot and scalability of their idea, market size and it’s understanding, company’s value, the applicant’s talent for acting as an entrepreneur, reasons to attend Xathon.
  • Applicants will be informed no later than August 5th via E-Mail if they have been selected for the Xathon.

2. Eligibility to participate

All natural persons who are at least 18 years old, have agreed to the terms and conditions of participation and have filled out and sent the application form.

In order to participate in the selection procedure, all personal information supplied must be valid and true. Each applicant may only apply on his or her own behalf.

3. Exclusion of specific persons

In the event that a participant violates the terms and conditions of participation, Henkel reserves the right to exclude this participant from the selection procedure and/or the Xathon.

Participants who make use of illegitimate means or otherwise create an artificial advantage through manipulative practices will also be excluded. 

4. Premature conclusion of the selection procedure/Xathon

Henkel reserves the right to terminate or end the application for the Xathon or the Xathon itself at any point with no prior warning. In particular, Henkel will make use of this right if, due to technical (e.g. virus in the computer system, manipulation or error in the hardware or software) or legal reasons, a proper execution of the application process cannot be guaranteed. 

Insofar as such a termination is caused by the conduct of a participant, Henkel can demand compensation from that person for the damages arising.

5. Awarding of participation

The chosen applicants will be informed by Henkel via E-Mail. If an applicant does not respond to the message within seven (7) days of being notified by Henkel, then the awarded participation will be forfeited and Henkel shall be entitled to freely select a new applicant as a participant to the Xathon.

6. Liability

Henkel does not accept responsibility for entries lost through technical fault. Proof of entry is not automatically proof of receipt.

With carrying out the Xathon, Henkel is free of all further obligations. 
Henkel is not liable for loss or damages which might occur in the course of participating in the Xathon. Henkel does not assume any liability should the Xathon not take place.

Henkel is not liable for damages caused by errors, delays or interruptions in the transfer, faults in the technical facilities and service, incorrect contents, loss or deletion of data, viruses or anything else that can arise in the participation of a competition. 

Henkel shall be liable without limitation (i) for the injury of life, body or health, (ii) in case of willful misconduct and gross negligence, (iii) for guarantees taken over by the respective Party in this Agreement or an Order Form, (iv) for maliciously concealed defects, and (v) according to the German Product Liability Law. 

Henkel shall be liable for damages caused by slight negligence, if Henkel has violated cardinal duties (“wesentliche Vertragspflichten”), in which case the liability shall be limited to the foreseeable damage typical for the contract. In all other respects, any liability for damage caused by slight negligence shall be excluded.

There is no liability for the individuals excluded in accordance with Paragraph 3.

7. Other

There is no right of appeal. The terms and conditions of participation and the entire legal relationship between the applicants/participants and Henkel are exclusively subject to the law of the Federal Republic of Germany. If individual provisions in the terms and conditions of participation should be or become invalid, the validity of the remaining provisions will be unaffected. The terms and conditions of participation can be amended by Henkel at any time with no prior warning. 

II. Data protection statement for application for and participation in the Xathon

In order to apply for the Xathon, the winner(s) must supply the following personal data: name, age, E-Mail address.
There is no right to registration. 

Henkel will gather and use the data provided by the applicant(s) as part of the necessary process to choose the participants of the Xathon and for carrying out the Xathon.

Henkel will not forward the participant’s data to any third party unless this is necessary for choosing the participants or for carrying out the Xathon. 

The processing and use of the applications/participants is based on contractual agreement which justifies those operations on the grounds that the processing is necessary for choosing the attendees of the Xathon and for carrying out the Xathon.

The personal data will only be used for the Xathon and the duration of the Xathon and will be deleted within two (2) months from the end of the Xathon on.

At any time, the applicant / participant may assert the right to access its data. Additionally, provided that the respective requirements are met, the applicant / participant may assert the following rights:

  • Right to rectification
  • Right to erasure
  • Right to restriction of processing
  • Right to file a complaint with the respectively competent data protection supervisory authority
  • Right to data portability 

Right to object of Applicant / Participant

In case of processing activities involving your personal data that are carried out on basis of a legitimate interest of Henkel, you have the right to object against such processing of your personal data at any time for reasons resulting from your specific situation. Henkel will stop that processing unless Henkel can prove important reasons for the processing which deserve protection which outweigh your interests, rights and freedoms or if the processing serves to assert, exercise or defend against legal claims.

In these cases, or if the applicant / participant has any other questions or wishes in connection with regard to its personal data, please send an e-mail or a letter to Henkel’s data protection officer, Mr. Frank Liebich, Henkel AG & Co. KGaA, Henkelstrasse 67, D 40191 Düsseldorf, Germany (E-Mail: Datenschutz@henkel.com), subject „Xathon“.