Terms & Conditions
New Energy Challenge 2023

1. Sharing Information

1.1 Confidentiality

By submitting any ideas or other material to the New Energy Challenge 2023(“NEC”), you agree that the NEC organization will provide the same information to Shell entities and partners involved in this competition and such parties do not have any obligation to treat such ideas or other material as confidential even when such ideas or other material are marked as or referred to by you as confidential, unless agreed otherwise in writing.

• Export of technical data

Many governments regulate the export of certain technical data and information. Before submitting technical details of a technology (“Technical Details”) you MUST research applicable Export Control laws to assure your submission remains Export Control Compliant. By submitting such Technical Details you certify that such technical information is not restricted for export under any applicable laws.

• Indemnification

All information or advice provided in relation to this Challenge and/or on Shell’s website(s) is intended to be general in nature. Neither Shell companies nor any of its affiliates and partners are liable for any action that you may take as a result of relying on such information or advice or for any (consequential) loss or damage suffered by you as a result of you taking this action. By submitting your ideas or other material, you acknowledge that you have (i) taken note of the Shell General Business Principles; (ii) taken note of the Shell Code of Conduct, and that you agree that you and your related parties shall adhere to the principles contained in the Shell General Business Principles and Shell Code of Conduct in all dealings in connection with this Challenge and the business resulting therefrom.

1.4 Compliance anti-bribery and corruption laws

You confirm that in connection with this Challenge or the business resulting therefrom, you are knowledgeable about anti-bribery and corruption laws applicable in the performance of this Challenge and will comply with all such laws at all times.

2. Participation in the Final Event

If your venture is selected to participate in the Final Program your venture must: commit one representative to attend each event of the Program. At the Final Event the representative should be either the Chief Technology Officer (or equivalent) (CTO) or the Chief Executive Officer (or equivalent) (CEO) to maximize the benefit to Shell program partners and the participant. If you are selected you shall give consent for your business, company name, logo and brand as well any media collected during the program, including but not limited to photos, videos and recordings, to be associated with NEC and used by Shell and program partners to promote the program or themselves. Lastly, cash payments by Shell for flights and accommodation expenses of participants are subject to claw backs should a participant withdraw from the Final Event without a valid reason.

3. Winning Venture

3.1 Selecting winners

At least 2 ventures will be selected as winners of the 2023 New Energy Challenge. These winners will be awarded a tailored “Winners Package”, that may consist of a Gamechanger project to further develop the proof of concept, an R&D collaboration and/or seed-funding, a grant or a strategic investment by the program partners, depending on the technology, development stage, business model, and needs. However, such opportunities are not definite. The decision on the content of the “Winners Package” is at the sole discretion of Shell in collaboration with program partners. Any commercial relationships or opportunities offered as “Winners Package” are subject to separate negotiations and agreements with the program partners. By participating in the New Energy Challenge applicants agree to negotiate potential commercial opportunities or strategic investments with the program partners in good faith. In case Shell and/or program partners will express interest to further invest in the participant’s venture, mutual negotiations may lead to further vetting / due diligence of the participant.

4. Prize options for winning ventures:

4.1 Collaboration Agreement
A Collaboration Agreement may become available for the winning ventures under the condition precedent that the winning ventures are commercially viable, which decision will be at the sole discretion of the respective Shell Businesses involved in the challenge decision making process. The collaboration will be designed and potentially executed on terms to be agreed mutually (“Winner Collaboration Agreement”), including but not limited to terms on adherence to anti-bribery and corruption laws, antitrust laws, intellectual property rights and HSSE requirements, and policies on audit rights, communications, and issuance of press releases.

The Winner Collaboration Agreement may have the following conditions:

1. Subject to the full and timely cooperation of the winner, Shell will contribute resources to work towards a design of a project, entailing a plan how the winner’s technology or business model could be implemented within the respective Businesses of Shell (the “Collaboration Design”).
2. Subject to the full and timely cooperation of the winner, and the viability and feasibility of the Collaboration Design, which is at the sole discretion of the involved Shell Business, the Collaboration Design will stipulate conditions for implementing the winner’s technology or business model within the respective Business of Shell (the “Collaboration”).
3. Both the winning venture and Shell will agree on the runtime of the Collaboration and the assessment moment following the Winner Collaboration Agreement.
4. Performance criteria of success will be pre-agreed between Shell and the winning venture in the Winner Collaboration Agreement.
5. If, at its sole discretion, Shell does not choose to extend to a broader roll out of the Collaboration – any costs related to the decommissioning of the Collaboration project assets at the relevant Site(s) will be at the expense of Shell, unless agreed otherwise in the Winner Collaboration Agreement.
6. All data generated during the Collaboration Term will be the property of Shell, unless agreed otherwise in the Winner Collaboration Agreement.
7. The allocation of revenues or benefits generated directly or indirectly as a result of the Collaboration will be agreed in the Winner Collaboration Agreement.
8. Decisions related to the execution of the Collaboration will be a joint effort between Shell and the winning venture(s) –with the exception of decisions that may have a long-term impact on the Shell brand or Shell assets, which will be at the sole discretion of Shell. The latter kind of decisions will be taken by Shell unilaterally.

Lastly by submitting your proposal you agree with the above and confirm having read and agreed to our Terms and Conditions and Privacy Policy.