Rules of the challenge
Article 1. ORGANIZER
(hereinafter jointly referred to as the “Organizer”).
has decided to entrust Agorize, a French Simplified Joint Stock Company (Société par Actions Simplifiée,or SAS) with a share capital of 71,146 Euros, registered within the Commercial and Companies Register of Paris under number 530 774 439, and has its registered office at 34 rue du Faubourg-Saint-Antoine 75012 Paris,
(hereinafter referred to as the “Service Provider”),
to carry out certain of its operations defined hereinafter regarding the organization of the challenge named "ALD Startup Challenge" that will take place from [Challenge launch date] to [challenge end date] via the website available at [challenge URL] and according to the general terms and conditions that will be published on it.
(hereinafter referred to as the “Challenge”).
Article 2. PURPOSE OF THE RULES
The aim of these regulations (hereinafter referred to as 'the Regulations') is to set out the conditions and rules for taking part in the Challenge organized by AGORIZE on behalf ofALD International. The Challenge is open to innovative startup companies that design, develop, offer and market disruptive solutions linked to ALD International's work and markets (such startups are hereinafter referred to as 'the Participants'). This Challenge is made available to companies as part of their business activities, and as such is not open to individuals or consumers.
The purpose of these rules is to set out the terms and conditions and the rules governing participation in the Challenge. These Rules are further to Agorize’s rules and general terms and conditions for challenges (hereinafter “RGTCC”) available on the www.agorize.com website.
In the event of contradiction between the provisions of the Rules and those of the RGTCC, the Rules will prevail.
Participants acknowledge they have been informed that the proposed Challenge makes use of their knowledge, skills, ingeniousness, methods, solutions, products, intellectual property, data, organisations and innovative activity of the Participants as part of the selection of an innovative solution which generates benefits for the public and in particular for drivers as the Challenge is launched as part of ALD International activities around the digital parking. In no way does the Challenge depend, even partly, on chance or luck, and it cannot therefore be viewed as or compared to a lottery in the meaning of the French law of 21 May 1836 prohibiting lotteries.
Article 3. PRINCIPLES OF THE CHALLENGE
The Challenge consists of the production by Participants of submissions made up of two (2) deliverables in the Challenge’s first phase and one (1) deliverable in its second phase, in accordance with the requirements of Articles 7 and 8 (hereinafter the “Deliverables”), during two successive phases of preselection and, if applicable, selection, the purpose of which is to:
"Propose innovative solutions on digital parking"
These Deliverables must without fail address the Challenge issues and rules described on the dedicated Challenge’s page on the www.agorize.com website, the inclusion of which in these Rules is to be inferred as well as the selection criteria defined hereinafter.
The categories are the following:
- Optimize all the steps for parking spaces in urban area ;
- Optimize one of the steps for parking spaces in urban area ;
- Proposing alternatives to parking spaces in urban area.
The Participants can apply with any other innovative solution related to digital parking.
The Deliverables will comprise exclusively and solely the following two submissions:
- The preselection deliverable (hereinafter the “Preselection Deliverable”) as described under Article 7 and subject to the terms of this provision;
- The final deliverable (hereinafter the “Final Deliverable”) as described under Article 9 and subject to the terms of this provision.
The Service Provider and Challenge Organizer will only accept and consider Deliverables submitted by Participants that are compliant with Articles 7, Article 8 and Article 9.
The winner will be awarded a technological and financial partnership with ALD International to help develop the project in question in accordance with an agreement that will set out the method in which the award will be given as well as the rules and principles with which the winner must comply.
The Challenge is organized for the purpose stated at the beginning of this article. However, an 'open topic' category will also be included, which will allow Participants to submit Deliverables that target a different objective as long as this objective is linked to the business activities and work of ALD International, which may then award a special prize.
Article 4. TERMS AND CONDITIONS OF CHALLENGE PARTICIPATION
Participation in the Challenge is entirely free of charge, with no obligation to purchase.
Participants must read, understand and unreservedly accept the Rules in full prior to registering and participating in the Challenge.
Participation in the Challenge is restricted to any company meeting all of the following conditions:
- Be a company registered with the Trades and Company Register
- Be a company covered by a professional insurance policy
Members of Organizer staff and members of staff of companies that have been involved in preparing and/or promoting the Challenge, and members of their families, cannot participate in the Challenge.
When registering, Participants must confirm that the above conditions are met, and to this end, they will have to present a Kbis (certificate of registration with the local Trades and Company Register) dated less than three (3) months as evidence of their capacity to represent the participating company.
A Participant can participate in the Challenge only once.
Participants must register online and create a team to represent their company.
Any Participant failing to meet the conditions of this Article during registration or at any time throughout the duration of the Challenge will be disqualified from the Challenge as of right and without prior notice and will not be the recipient of any award as set forth under Article 12 (hereinafter the “Award”). In the event an Award is given to a Participant not meeting the terms and conditions of participation during registration or at any time throughout the duration of the Challenge, the Organizer and Service Provider reserve the right to demand the Participant returns the Award received.
Article 5. CHALLENGE REGISTRATION AND ACCESS
To register for the Challenge, the Participant must open a user account on the www.agorize.com website, giving:
- A valid email address;
- An available username;
- A password.
To confirm registration, the Participant must also agree to the Challenge Rules and general terms and conditions available from the following link [https://s3.amazonaws.com/doc.agorize.com/upwestart/CGU_Upwestart_fr.pdf] (hereinafter the “General T&C”).
A confirmation email is sent to the Participant using the email address entered, containing an activation link.
Once the account has been activated, the Participant must provide the following information:
- Company’s registered name;
- Trades and Company Register number;
- Company's address;
- Representative position;
- Representative first name;
- Representative surname;
- Telephone number;
- Company formation date;
- Trade sector;
- Company website address.
Other information may be added to the Participant’s profile as so desired within the account configuration.
Once this account is activated, the Participant is able to register for the Challenge by creating a team to represent the company.
To complete registration for the Challenge, the Participant must check the box indicating agreement with the Challenge Rules, which is deemed acceptance of those Rules by the Participant.
Registrations containing inaccurate or incomplete information will not be considered and the Participant in question will be disqualified.
The Challenge is available 24/7 on the dedicated website published by the Service Provider through the < www.agorize.com > address, subject to any maintenance operations on the Service Provider’s servers or malfunctions as described under Article 16.
Article 6. CHALLENGE DURATION
Participation in the Challenge is open from March 6 2017 to 11:59 p.m. on April 17 2017.
Any date stipulated under the Rules and the Challenge is understood to be given using the Paris time zone (GMT +1).
No extension or exception to this period will be granted to any Participant for any reason whatsoever.
The Organizer and Service Provider reserve the right to change the Challenge duration, if operational requirements so demand, to a reasonable duration that will be communicated to Participants.
The Challenge phases are the following:
- Final selection and reward
All Participants chosen at the Selection stage and the winner chosen at the Final Selection stage must have acquainted themselves with the terms of partnership as put forward by ALD International in order to be able to accept these terms upon the announcement of the winner; in any case, the winning project must meet the legal and organizational prerequisites in order to take part in the trial partnership and to receive the proposed award. The principles underlying these prerequisites are set out below.
Article 7. ARRANGEMENTS FOR THE PRESELECTION PHASE
The preselection phase runs from March 6, 4:00pm to April 17, 11:59pm.
Within this period, and by 11:59 p.m. on April 17, 11:59pm at the latest, Participants’ teams must have uploaded their Preselection Deliverable to the platform, this Deliverable consisting of:
- a presentation of their solution including at least a PowerPoint presentation that must insist on the added value for the ALD Startup Challenge
Participants’ solutions will be preselected on the basis of this Preselection Deliverable as described in Article 10.
The fifteen (15) most innovative solutions will be preselected from participating companies on the basis of this Preselection Deliverable in accordance with Article 10 to progress to the next phase.
Article 8. ARRANGEMENTS FOR THE SELECTION PHASE
The selection phase runs from 28 April 2017 to 22 May 2017, 11:59pm.
Only fifteen (15) Participants that were preselected at the end of the preselection phase are involved in the selection phase.
These Participants must upload their Final Deliverable onto the platform by 11:59 p.m. on 22 May 2017 at the latest, this Deliverable consisting of a twenty slides (20) PowerPoint presentation describing:
- a more detailed presentation of the startup's proposal (aspects of the business plan, mock-ups, videos and financial details regarding the trial that the startups hope to put in place in collaboration with ALD International.)
- the next steps of any potential collaboration with the Organizer or the Organizer's Partners.
- commitment to complying with the principles and prerequisites of the partnership offered by the Organizer, ALD International.
However, any initiative aimed at illustrating the project will be quantified, so, for example, a demonstration video or any other material that teams deem relevant may be attached. This other material will form an integral part of the Final Deliverable.
Article 9. ARRANGEMENTS FOR THE AWARD CEREMONY
- A maximum of five (5) Participants will be chosen following the Selection stage, and only these Participants may attend the Final Selection ceremony, which consists of an oral presentation given in the Partner Companies' premises in the Ile-de-France region.
During the final stage, the five (5) Participants will be ranked based on their oral presentation of the Deliverable in accordance with Article 11.
Article 12. CHARACTERISTICS OF THE DELIVRABLES
Deliverables must comply with the rules and specifications set by the Organizer and described under the “Guidelines” tab on the Challenge’s own page on the www.agorize.com website.
The deliverables are summarized below:
- Pre-selection stage – A form providing all the requested information about the startup (form provided by Agorize), and a commercial presentation specifically aimed at ALD International
- Selection stage – In-depth presentation on the solution put forward during the Pre-selection stage, including where appropriate images, videos, models and/or prototypes.
These are described in more detail on the Challenge platform.
These deliverables must without fail be provided in one of the following formats: DOC/DOCX/PDF/PPT/PPTX/KEY/ODT/MP3/MPEG/MOV.
If the Deliverable is difficult or impossible to read, the Participants of the company concerned are responsible for rectifying the situation before the Deliverable upload deadline for the relevant phase, and no later than three days after that date, after which time the Organizer reserves the right to disqualify the Participant in question from the Challenge.
Participants guarantee that Deliverables comprise only contributions from members of their team. Contributions from third parties are not admissible and any Participant producing them will be disqualified.
Article 13. SELECTION POLICY
- Selection process
The Challenge is organized into three (3) selection processes:
- A preselection phase described under Article 7 (« Preselection»);
- A selection phase described under Article 8 (« Selection»);
- A final selection organised after the selection phase described under Article 9 ("Award Ceremony")
Each of these selections is based on criteria regarding the submission’s relevance, realism and consistency with the Challenge subject and objectives. No aspects relating to Participants as individuals, their person, their appearance, political or religious opinions, trade union activities or sexual orientation are taken into account under any circumstances. The selections made are in no way the result of chance or luck, be it directly or indirectly.
A selection jury comprising members of Organizer will be responsible for:
- preselecting, at the end of the preselection phase, the most innovative startups addressing the issues in the brief on the basis of the Preselection Deliverables; these criteria will in particular be based on the Participant’s ability to meet the Challenge’s requirement. Experience and references in these fields will also be taken into account;
- selecting, at the end of the selection phase, the most innovative proposing solutions appropriate to the Organizer' problem eligible for the Award described under Article 12.
- selecting at the end of the award ceremony
The Service Provider and Organizer will email all Participants, using the address provided when creating their user account on www.agorize.com, and also notify them via their account on the platform, of the Preselection results no later than 28 April 2017 and the Selection results no later than 31 May 2017.
All preselected or selected Participants are to reply to the electronic mail sent by the Service Provider notifying them of their team's preselection or selection before the deadline indicated in the email. The Service Provider and the Organizer reserves the right to disqualify the team of any Participant failing to do so.
- Selection Criteria
The selection criteria used by the jury members are applied in a uniform manner to all Participants and constitute the Deliverable evaluation grid used by jury members, whose assessment is entirely independent and final.
The basic criteria are as follows:
For the Pre-selection and Selection stages:
- Compliance with the theme of 'digital parking' (apart from projects in the 'open topic' category)
- Innovative nature
- Technical feasibility
- Economic benefit
For the Final Selection stage in which the winner is chosen, the above criteria apply in addition to those below:
- Protecting users' privacy and personal data
- Compliance with the highest digital security standards
- Compliance with the highest environmental protection standards
The Organizer will apply the first four of the above criteria to Participants during the Pre-selection and Selection stages. The remaining three criteria will be applied in addition to the principles set out below during the Final Selection stage. The Organizer refers the right to clarify and refine these criteria, particularly in the winner Selection stage.
Participants are also informed that the Final Selection of the winner will depend on the compliance of the Deliverables and the project with the prerequisites for partnership with ALD International, and as such, their:
- Compliance with the requirements of the EU General Data Protection Regulation of 27 April 2016
- Compliance with the IT system security standards and procedures in place at ALD International
- Compliance with the security standards for products and services provided by ALD International's partners
- Compliance with ALD International's transparency and anti-corruption rules
- Compliance with ALD International's rules to combat concealed employment and discrimination in the workplace
- Compliance with ALD International's code of ethics and transparency
The partnership agreement will set out the winner's commitments in terms of compliance with these requirements, as well as the contractual relations between the winner and ALD International for the duration of the partnership, including the terms of using the award, marketing the project, protection for intellectual property, etc.
Article 14. AWARDS
The Awards described herein are in consideration of:
- submission of preselection phase Deliverables;
- submission of a Final Deliverable the quality of which is recognised by the selection jury and the final jury as meriting an Award;
- acceptance of and adherence to the provisions of Article 13 of the Rules regarding intellectual property by each of the Award recipients;
- acceptance of and adherence to the provisions of Article 14 of the Rules regarding referring to recipients in communication materials by each of the Award recipients;
No Award can be granted to a recipient that fails to meet the above preconditions.
The granting and fulfilment of any Award following the Challenge is subject to the following conditions being fully met:
- full compliance with the rules set forth or referred to in the Rules;
- presentation by each recipient of documentary evidence demonstrating that the company meets the criteria set forth under Article 4.
The recipients designated at the end of the final selection phase by the final jury will receive at least one of the Awards available under the Challenge.
All Participants acknowledge and accept that Awards cannot be challenged by Participants in any way, nor exchanged for their financial equivalent, nor replaced or exchanged for another Award for any reason whatsoever. Awards are not transferable, and Participants are hereby informed that the sale or exchange of Awards is prohibited.
All Participants acknowledge and accept that the Service Provider and Organizer are only obliged to make Awards available to recipients. As a consequence, all ancillary costs related to these Awards or overheads connected to taking possession of these Awards will, unless otherwise stipulated in the Rules, be borne by the recipients. No payment or reimbursement will be due in respect of fulfilment or provision of the Award.
In the event that a recipient fails to take possession of an Award for reasons outside the Organizer’s control within two months of receipt of the electronic mail, the Organizer reserves the right to rule that the Award is not granted to the recipient in question.
The single winner from the five (5) Participants previously selected will receive the following Award: a contract for a trial with an ALD International entity, in accordance with the prerequisites of the partnership as set out above in article 11.2, with a minimum value of €20,000.
In operational terms, the Organizer will also send the winner in the 'digital parking' theme on a 'learning expedition' to enable the winner to learn more about the Organizer's business activities.
Where necessary, it is hereby clarified that a 'learning expedition' is an immersion period lasting two or three days within one of the Organizer's entities to allow the winner to discover the work performed by that entity and to learn about its innovations (dates of the visit to suit the winner's availability).
In the event that there is a winner in the 'open topic' category (projects outside the 'digital parking' category), the Organizer reserves the right to award a 'learning expedition' similar to the expedition awarded to the winner of the 'digital parking' theme.
- Where necessary, it is hereby clarified that any award made to the winner of the 'open topic' category will depend on the winner's ability to convince the jury to award them the highest score in the category, and on their having received the highest number of 'likes' in the category based on the selection criteria set out in article 11.2 above.
Article 16. INTELLECTUAL PROPERTY
Under the Challenge, Participants will disclose documents, submissions and/or Deliverables likely to be protected by intellectual property rights to the Service Provider and the Organizer.
The intellectual property rights granted by the Participant to the Service Provider and Organizer in respect of these documents, submissions and Deliverables comprise:
- industrial property rights and author’s property rights, including the right to reproduce (wholly or in part), display (wholly or in part), analyse, adapt, modify, disseminate, translate and use these materials, and
- the right to permit someone else to exercise all or some of these rights,
- les droits de propriété industrielle et les droits patrimoniaux d’auteur, notamment le droit de reproduction (en tout ou partie), représentation (en tout ou partie), d’analyse, d’adaptation, de modification, de communication, de traduction, d’utilisation,
- le droit d’autoriser quelqu’un d’autre d’exercer tout ou partie de ces droits,
These applying worldwide, for the period for which the document, submissions and Deliverables are protected, by any means whatsoever, in all existing or future forms, on any media and for the following purposes:
- only within the Challenge, including but not limited to the purposes of selecting Award recipients,
- as part of the assessment, within Organizer, of the opportunity for continuing or starting discussions with certain Participants regarding potential projects with one or more companies in the Organizer's Group, this applying solely to the Organizer.
Organizer undertake not to use the documents, submissions or Deliverables for purposes other than those stipulated above.
Participants expressly undertake not to misuse any legally recognised rights they may hold and any such misuse will entitle the Organizer to disqualify the Participant concerned. Participants undertake to act in a way intended to also meet the Organizer’ requirements.
In any event, participation in the Challenge implies acceptance by the Participants of the provisions of the Rules, and Participants undertake to meet commitments under the Challenge, including in terms of submission of Deliverables within the agreed deadlines.
Participants are not permitted to include or combine elements produced by third parties within their documents, submissions and Deliverables.
Participants guarantee undisturbed use of the documents, submissions and Deliverables and the rights herein granted against any interference, claims over possession or any other challenge throughout the duration of the Challenge and while intellectual property rights are in force.
In this regard, Participants guarantee the Organizer that none of the documents, submissions and Deliverables, tools and other creations provided or used by Participants in respect of the Challenge constitutes an infringement of any component, work or creation belonging to a third party, or is the result of unfair competition, parasitic competition (passing off) or any other infringement of third party rights. Participants hold the Organizer harmless from all third party action on any grounds whatsoever including relating to the use of their image or any creation or any other protected element.
In respect of this undertaking, Participants must pay any compensation or other sums in place of the Organizer (i) when the Organizer are ordered to pay compensation by a legal ruling, or (ii) when the Organizer have reached agreement with a third party over a dispute. This obligation remains in force after the end of the Challenge for the lifetime of the rights granted to Organizer in respect hereof.
Organizer undertake not to use the documents, submissions or Deliverables for any purposes other than those stipulated above.
If Participants introduce copyright-free elements into their Deliverables (e.g. using a free or Creative Commons licence), Participants undertake to indicate the exact elements to which this applies and to make the text of the applicable free licences available to the Organizer.
Deliverables and videos must have been produced by the Participants. All Participants will take responsibility for their compliance with French and Community legislation, including as regards copyright and legislation on privacy and personal image protection (France’s law of 17 July 1970) or any new legislation that might replace such provisions.
All Participants in the Challenge undertake to obtain all necessary permission from persons having participated in any way whatsoever in production of the Deliverables and likely to hold any rights whatsoever over the Deliverables.
The Organizer and Service Provider cannot be held liable for any infringement of the above provisions by Participants.
By uploading Deliverables onto the site, Participants are obliged to comply with statutory and regulatory provisions in force. They are consequently responsible for ensuring that the storage and distribution of Deliverables through the www.agorize.com website does not constitute:
- an infringement of third party intellectual property rights (including video clips, TV programmes, short, medium or full-length films, animated or otherwise, and advertising that the Participants have not produced personally or for which they do not hold the necessary permission from third-party rights holders);
- an infringement of personality rights (including use of image or name, defamation, insults and abuse, the right to privacy, etc.);
- an infringement of accepted standards of behaviour or public order (including condoning crimes against humanity, inciting racial hatred, child pornography, etc.). Without prejudice to other rights held by the Organizer, a breach in the foregoing will result in the Deliverables being withdrawn and the Participants’ accounts being closed with no prior notice.
Without prejudice to other rights held by the Organizer and Service Providers, a breach in the foregoing will result in the Deliverables being withdrawn and the Participants’ accounts being closed with no prior notice. Furthermore, Participants are personally liable for any criminal offences specific to contentious content (prison sentences and fines) besides their liability for any compensation.
Article 17. COMMUNICATION
Applicant Participants authorise the Service Provider and the Partner Company to reproduce their trademark free of charge on communication materials about the Challenge including but not limited to the Service Provider’s or the Partner Company’s intranet and external websites, email signatures/newsletters, press releases, posters/banners at trade fairs, Facebook pages and on Twitter.
Participants also authorise the Service Provider and Partner Company to display their registered name and trading names in the same ways, together with their logo as displayed in their applications.
This permission is strictly limited to the same purposes as those stipulated in Article 13 and the Service Provider and Organiser undertake to cease use of trademarks once the circumstances relating to those purposes come to an end, unless the Participant expressly agrees otherwise in writing in advance.
The permission herein comes into force commencing on the Challenge start date for the duration required stipulated in the abovementioned purposes.
Article 18. REFUND OF ENTRY EXPENSES
Participants can obtain a refund of the cost of their internet connection for participation in the Challenge on a fixed basis of nine minutes of connection time, making €0.66 (sixty six euro cents) including VAT, and a refund of the postage costs incurred for the purposes of requesting a refund and/or any written request to be sent the Rules (based on the current standard cost for 20g).
Participants having an internet service contract where charges are not proportional to connection time (“unlimited” plans, cable, ADSL, etc.) will not be entitled to any refund, as participation in the Challenge does not incur any additional costs.
All requests for refunds must without fail be sent in writing before 1 December 2015 (the postmark serving as proof of the posting date) to the following address:
34 rue du Faubourg Saint Antoine
Requests for refunds may not be submitted by telephone or by electronic mail.
All requests for refunds must include the following, failing which the request will be declined:
- the Participant’s full contact details (surname, first name, full address with post code, login and electronic mail address);
- bank account details (in the form of aRelevé d’Identité Bancaire/Postalfor France);
- if applicable, the request is for a copy of the Rules and for a refund of the stamp used at the aforementioned postage rate;
- if applicable, the request is for a refund of connection costs, with the dates, times and durations of connection to the Challenge website and the itemized bill from the telephone service operator and/or the internet service provider used by the Participant showing the date and time of the Participant’s connection to the Challenge website, highlighted by the Participant.
All incomplete or inaccurate refund requests will be declined, as will those received after the deadline.
A Participant may submit one and only one refund request.
Refunds will be paid by credit transfer into the account indicated in the request, after confirmation that the request is properly justified, at a time that is left entirely to Organizer’ discretion.
Article 19. LIABILITY
The liability of Participants and of the Service Provider in respect hereof is limited to loss and harm caused directly by a breach by the party concerned. No provision herein can be interpreted as, or deemed to be, a limitation or exclusion of the Participant’s liability:
- in the event of gross negligence or deception, or
- in the event the Participant’s wrongdoing causes death or bodily injury, or
- resulting from claims against which the Participant holds the Organizer harmless in accordance herewith or applicable law.
Neither the Service Provider nor the Organizer can be rendered liable in the event of failure or malfunction of the telecommunications network used, including when the effect is to prevent the Participant from logging on to or accessing the www.upwestart.com website or any other website of use when participating in the Challenge.
Challenge participation implies knowledge and acceptance of the characteristics, limitations and risks of the internet and related technology, in particular as regards performance, response times, and software and hardware security in the face of various potential attacks in the form of viruses, logic bombs and Trojan horses, and the loss or misuse of data. As a consequence, neither the Service Provider nor the Organizer can be rendered liable under any circumstances for loss or harm caused to the Participant as a result of these characteristics, limitations and risks which the Participant has accepted.
Under no circumstances can the Organizer be held liable for loss or harm caused by failure of or delay in Deliverables reaching their destination including the rejection of Deliverables on the grounds of late submission after the deadline set in the Rules, by a failure of or a delay in any electronic mail sent as part of the Challenge to reach its destination, or by any alteration to the Deliverables outside of the Service Provider’s and the Organizer's control.
Neither the Service Provider nor the Organizer can be rendered liable in the event of a complete or partial change, suspension, interruption, postponement or cancellation of the Challenge for reasons outside of their control. Under such circumstances, the Service Provider will inform the Participants without undue delay by means of a notice on the www.agorize.com website.
Neither the Service Provider nor the Organizer can be rendered liable for the consequence of the disqualification of a Participant for a breach of the Rules.
Neither the Service Provider nor the Organizer can be rendered liable for any interference, proceedings, complaint, challenge or claim related to use of the Deliverables by the Service Provider or Organizer or related to the negotiation, conclusion or performance of contracts that the Organizer might sign with Participants.
Under no circumstances can the Service Provider or Organizer be rendered liable for the time taken to send Awards or in the event that a recipient is unable to receive an Award for reasons outside of the Organizer’s control. The Organizer and the Service Provider cannot be rendered liable in the event of loss and/or damage to the Award by carrier services that do not report directly to the Organizer, nor more generally if a recipient fails to receive an Award. The Organizer and the Service Provider cannot be rendered liable in the event of incidents or personal injury and property damage of any kind that may occur from enjoyment of the prize awarded and/or the use made thereof.
Article 20. CONFIDENTIALITY
Any information belonging to the Organizer, to the Service Provider or to a third party (hereinafter “Disclosing Party”) that is disclosed or made available to Participants constitutes confidential information (hereinafter “Confidential Information”), regardless of whether it was identified as such at the time of disclosure. Information deemed Confidential Information includes administrative, commercial, scientific, technical, financial, fiscal, legal and economic information that has been, is or will be disclosed to the Participant by the Service Provider or Organizer.
Confidential Information may be tangible or intangible and may be disclosed directly or indirectly, including but not limited to orally or in writing by means of any medium whatsoever, by the providing of paper or electronic documents or by other means, this including all copies, extracts and summaries.
The following are not Confidential Information:
- information that is currently in or reaches the public domain with no breach of the Rules on the part of the Participant;
- information legitimately in the Participant’s possession before disclosure by the Service Provider or Organizer;
- information not directly or indirectly resulting from use made of all or part of the Confidential Information;
- information legitimately obtained from a third party permitted to disclose it. The exceptions stipulated in this section do not apply to personal data in the sense of France’s law no. 78-17 of 6 January 1978 (on data protection).
The Participant undertakes, throughout the duration of the Challenge and for five years after the end of the Challenge as described under Article 6:
- not to use Confidential Information for purposes other than participation in the Challenge in compliance with the Rules;
- to take all necessary, useful and reasonable precautions to protect Confidential Information;
- to disclose Confidential Information only to members of the Participant’s team.
The Participant undertakes to promptly notify the Organizer in writing of the existence of any unauthorised use, disclosure or loss of the Disclosing Party’s Confidential Information of which the Participant becomes aware. The notification will indicate the measures taken by the Participant to remedy the situation.
Participants may disclose Confidential Information wholly or in part to any government or legal authority when the law so requires, and insofar as the law permits, are to give advance written notice of their intention to disclose said information at least two working days before the scheduled date of said disclosure.
Organizer may disclose Participants’ Confidential Information wholly or in part to all its subsidiaries in the sense of Article L.233-1 of the French Commercial Code or to a service provider acting on its behalf or that of its subsidiaries.
At the end of the Challenge, whether by reaching the end date indicated under Article 6 or by cancellation, Participants must immediately return all Confidential Information obtained under the Challenge, regardless of the medium on which it is held, to the Service Provider and the Organizer. The Participant will refrain from keeping a copy of the Confidential Information in any way whatsoever unless previously agreed in writing by the Service Provider or the Organizer.
Article 21. DATA PROTECTION
Service Provider data.
Participation in the Challenge requires the Participant to disclose the personal data described under Article 5.
This data may be modified by the Participant at any time.
The data stipulated in this Article undergoes automated processing in the sense of France's law no. 78-17 of 6 January 1978 (on data protection) amended by the law of 6 August 2004 in respect of which the Service Provider alone determines the means and purpose and is, in this regard, responsible for this processing in the sense of the aforementioned legislation.
The purposes of this processing are:
- to organize intermediation between the Participant and the Organizer;
- to identify, operate and store communications with the Participant;
- for the Service Provider or third parties to conduct anonymous market research.
The Organizer and the Service Provider are the recipients of this data.
In accordance with the provisions of France’s law no. 78-17 of 6 January 1978 amended by the law of 6 August 2004, the Participant is informed that the processing of personal data carried out has been reported to the French Data Protection Registrar (Commission Nationale de l’Informatique et des Libertés) for which receipt number 1495245v0 was issued.
In this regard, the Service Provider has undertaken to protect all personal data for the persons concerned, this data being collected and processed by the Service Provider in the strictest confidence in accordance with the law of 6 January 1978 amended by the law of 6 August 2004.
In accordance with the provisions of Articles 38, 39 and 40 of France’s law no. 78-17 of 6 January 1978 amended by the law of 6 August 2004, the Participant is entitled at any time to:
- challenge the collection and processing of the Participant’s personal data carried out by the Service Provider;
- challenge the disclosure of such data to third parties;
- access all of the Participant’s personal data processed by the Service Provider;
- correct, update and remove the Participant’s personal data processed by the Service Provider.
To exercise their rights pursuant to France’s law no. 78-17 of 6 January 1978 amended by the law of 6 August 2004, Participants must send a clearly stated request and their identity by registered mail with proof of delivery to:
34 rue du Faubourg Saint Antoine
As regards the possible installation of cookies on the Participant’s computer while visiting the Service Provider’s website, Participants are asked to consult the Rules and General Terms and Conditions of challenges presented on the www.agorize.com website which they must accept prior to opening an account, said account being necessary to participate in the Challenge.
Over the course of fulfilling the Challenge, the Participant may receive or become aware of files, documents or interchanges including Confidential Information including personally identifying information (hereinafter “Personal Data”) processed or controlled by Organizer or its subsidiaries. The Participant undertakes to comply with legislation and regulations in force on the protection of personal data.
Personal Data belonging to Organizer and/or controlled by Organizer or by a Organizer subsidiary remains the property of Organizer. The Participant may access, process and transfer this Personal Data only in accordance with Organizer's instructions. The Participant is to implement the security and confidentiality measures required by applicable law and regulations, and those agreed in advance with Organizer. Organizer's Personal Data is deemed to be Confidential Information and consequently cannot be disclosed to third parties without Organizer's prior written permission. The Participant will supply any information and guarantee requested by Organizer on the transfer, processing and storage of its Personal Data.
Article 22. EXPLOITATION RIGHTS OVER WINNERS' IMAGES
The Organizer or the Service Provider may request permission from any Award recipient to use their full name, address, photograph and voice for advertising purposes, within the confines stipulated by France’s law no. 78-17 of 6 January 1978 amended by the law of 6 August 2004 on data protection, for which recipients will not receive any remuneration, entitlement or benefit other than their Award.
Article 23. THE RULES
Participation in the Challenge and the conferring of an Award require unreserved acceptance of and full compliance with all the provisions in the Rules. The Organizer reserves the right to disqualify immediately and without compensation any Participant failing to meet this obligation.
The Service Provider and the Organizer reserves the right to change the Rules at any time, including the duration of the Challenge, and the application and validity of any such changes do not require Participants to be notified. Participants are advised to consult the Rules regularly. Participants expressly waive the right to any complaint or challenge regarding any change brought about to the Rules.
The Rules are filed via <reglement.net> at the SCP Bornecque Winandy – Bru Nifosi partnership of bailiffs and process servers at 15, passage du Marquis de la Londe, 78000 Versailles, France.
The Rules can also be freely consulted on the www.agorize.com website.
A copy of these Rules can be requested free of charge, with a refund of the cost of postage to make the request, as described under Article 15.
Article 24. CHALLENGE CANCELLATION AND SUSPENSION
The OrganiZer and Service Provider reserve the right to cancel or suspend the Challenge under the following circumstances:
- force majeure (supervening impossibility);
- any kind of fraud whatsoever.
The Service Provider and Organizer cannot be rendered liable for the cancellation or suspension of the Challenge pursuant to this Article and the Participant will not be entitled to any kind of compensation.
Article 25. INDEPENDANCE
Registration and participation in Challenge do not create a relationship of subordination in any way between the Service Provider or Organizer and the Participants or members of the Participant’s teams.
Article 26. COMPLAINTS
Any complaint from the Participant must be sent in writing no later than thirty (30) days after the end of the Challenge.
Complaints regarding the operation of the www.agorize.com website must be sent in writing to the following address:
34 rue du Faubourg Saint Antoine
Complaints regarding the running of the Challenge and sending of Awards must be sent in writing to the following address: firstname.lastname@example.org
All complaints must include the following, failing which they will be rejected:
- the Participant’s full contact details (company's register name, surname, first name, full address with post code, login and electronic mail address);
- identification of the Challenge concerned;
- a clear and detailed description of the reasons for the complaint.
Article 27. SETTLEMENT OF DISPUTES
In the event of an unresolved dispute after the Participant has submitted a complaint in accordance with Article 23, the Organizer and the Participant undertake to refer their dispute to out-of-court conciliation before any legal proceedings.
The party wishing to start a conciliation process must inform the other party by registered mail with proof of delivery, within which the referring party is to explain its intentions and its reasons to the other.
If the parties fail to reach agreement within thirty (30) days of receipt of the registered mail, they are each free to act as they fit. The first party to act may then refer to matter to the competent jurisdiction under the Versailles Court of Appeal.
Article 28. APPLICABLE LAW
These Rules shall be governed by Frenchlaw. They were written in French and in English. Where difficulties arise regarding their interpretation, the French language version shall prevail.