Finance Digital Speed Dating
The French Chamber of Commerce and Industry in Hong Kong, a Company Limited by Guarantee
(hereinafter referred to as the “Partner company”),
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”),
with the organization of a Challenge as set out below; the Challenge shall take place from March 12th, 2018 (11:59 pm, GMT +8:00) to April 24th, 2018 (11:59 pm, GMT +8:00) via the website available at <https://www.agorize.com/cfo-match-making>
(hereinafter referred to as the “Challenge”).
The Service Provider shall act in the name and on behalf of the Partner Company as part of their assignment.
The Partner Company and the Service Provider shall be considered as the joint organizers of the Challenge
(hereinafter jointly referred to as the “Organizer”).
“Award”: refers to the prizes awarded to the Winners at the end of the Challenge.
“Brief”: refers to the specifications determined by the Partner Company, which may include the deadlines, the awards, the guidelines and themes to be complied with by all Participants contributions.
“Challenge”: refers to the challenge that is the subject of the Rules, as organized by the Organizers.
“Confidential Information”: refers to the information set out in the Article 17.
“Deliverables”: jointly refers to the Pre-Selection Deliverable and to the Final Deliverable.
“Final Deliverable”: refers to the deliverable described in these Rules, which is submitted at the end of the Selection stage.
“Final Jury”: refers to the jury responsible for ranking the finalists.
“Participant”: refers to any person registered in accordance with the Rules who takes part in the Challenge.
“Pre-Selection”: refers to the first stage of the Challenge, as described in the Rules.
“Pre-Selection Deliverable”: refers to the deliverable described in the Rules, which is submitted during the Pre-Selection.
“Pre-Selection Jury”: refers to the jury responsible for selecting the Participants during the Pre-Selection.
“Project”: refers to the Participant and all of his Deliverables.
“Registration”: refers to the registration of a Challenge Participant in accordance with the Rules.
“Ranking”: refers to the attribution of an Award per theme by the Final Jury at the end of Selection.
“Rules”: refers to these rules, which apply to the Challenge.
“Selection”: refers to the second stage of the Challenge.
“Selection Jury”: refers to the jury responsible for selecting the Participants during the Selection.
“Team”: refers to the team of 1 Participant have to create of join on the platform in order to take part in the Challenge. The real team composed by all members from the startup might be bigger but should be limited to one participant profile on the platform.
“Winner” or “Winners”: refers to the members of the three (3) Projects that reach the final stage of the Challenge, and are ranked by the Final Jury as winning teams.
Article 1 PURPOSE OF THE RULES
1.1. Rules are intended to define, according to article L. 121-15-2 of the French Consumption Code, terms and rules of participation in the Challenge organized by the Partner Company in association with the Service provider. Rules are destined to complete the Competition Rules, Terms and Conditions of the Service provider, which can be downloaded through the following link: <https://www.agorize.com/en/terms> In the event of inconsistency between these terms and regulations and those of the CRTC, those Rules will prevail.
1.2. The Participant acknowledges being aware of, and agrees to the fact that the proposed Challenge calls on his/her wisdom, skill, and ingenuity during extremely difficult trials. The Challenge shall not depend, even partially, on chance and luck under any circumstances, and can therefore not be considered as, or resemble a lottery.
2.1. Participation in this Challenge is free and without purchase obligation and can be subject to a reimbursement of participating costs in the conditions specified in Article 15.
2.2. The Participant must read these Rules, and fully accept their terms in their entirety without reservation before its Registration and participation in the Challenge.
2.3. Participation to the Challenge is under the conditions of
being a company:
· registered on the trade register of Hong Kong.
· with a valid professional insurance policy.
· able to supply a registration certificate issued within last three (3) months.
· certifying that they comply with the social and tax legislation to which they are subject.
2.4. Employees and representatives of the Service provider and of the partner organisation and/or the members of their families (parents, children, spouses) cannot participate in the Challenge.
2.5. The Participant shall certify to abide by the terms aforementioned. The delivery of the Award will be conditional upon the capacity of the Participant to justify the conditions aforementioned.
2.6. There is only one entry per person in the Challenge
2.7. Participants must
Sign up online and create a user account for their company.
2.8. Any Participant and/or team who doesn’t abide by the terms of the Rules during his/her Registration and at any time during the Challenge will be automatically and without previous notification, disqualified from the Challenge and shall not be awarded any Award. In the case where an Award would have been given to a Participant and/or team who doesn’t or didn’t comply with the Rules at the time of his/her Registration or during the Challenge, the Organizers have the discretionary right to demand the return of the Award received.
3.1. For his/her Registration to the Challenge, the Participant must open a user account on agorize.com and must indicate the following:
· Last name;
· First name;
· A valid email address;
· A valid password.
To validate his Registration, the Participant must accept the Competition Rules, Terms and Conditions provided by the Service provider
The Participant must provide the information listed below:
· Company’s registered name;
· Company’s logo;
· Elevator pitch;
· Company’s formation date;
· Phone number;
· Company’s website;
· Company’s Facebook page;
· Company’s Twitter page.
A confirmation email containing an activation link is sent to the Participant’s listed email address.
Once his/her account is activated, the Participant can freely complete further information on his profile in the account settings.
To end his Registration in the Challenge, the Participant must opt-in on the box indicating that he/she accepts the Challenge Regulations
3.2. Any Registration containing wrong, dubious, or incomplete information shall not be taken into account and shall disqualify the Participant and/or the Participant’s team.
3.3. By registering, the Participant accepts to be contacted through emails sent by Organizers during his/her participation in the Challenge. He/she also accepts to be contacted by phone, if he/she is part of the preselected Participants or the Winners.
3.4. The use of a computer is needed to access the Challenge with the minimal material configuration and device hereinafter:
· Processor 1 Ghz or higher with 1 Go RAM or higher;
· A 1024x768 pixels screen definition with 65 536 colors;
· Operating system: Windows XP and Vista;
· Version Flash Player 9.045, except any specified case which will be informed to the Participant on the homepage of the Challenge;
· The sound card is recommended but is not necessary.
3.5. The Challenge is available 24 hours a day on <http://www.agorize.com/en/challenges/open-innovation-forum> subject to possible maintenance operations on servers or dysfunctions such as those mentioned on the Article 16.
4.1. The Challenge shall take place from December 3rd, 2018 (08:59 pm GMT +8:00) to January 28th, 2019 (11:59 pm, GMT +8:00)
4.2. Every date clearly defined in these rules and the challenge is in the Hong Kong time zone (GMT +8:00).
4.3. Where necessary due to operational requirements, the Organizers reserve the right to alter the duration of the Challenge by a reasonable amount of time, which will be conveyed to Participants
Article 5 PRINCIPLE OF THE CHALLENGE
5.1. The Challenge consists of making contributions formed by one deliverable which are in accordance with the requirements listed in Article 7, during the step of selection.
5.2. Those Deliverables must absolutely respond to the Challenge issue and rules described in the tab “Brief” on the Challenge page on the website https://www.agorize.com/cfo-match-making. Those Deliverables must be written in English; no other language will be accepted.
5.3. Each recommendation is exclusively composed of one set of deliverables:
· The Selection Deliverables mentioned in Article 7 subjected to the terms of this disposition.
The Organizers will not accept and will not take into account any other documents submitted by the Participants.
6.1. The Selection is scheduled from January 10th, 2019 (11:59 pm, GMT +8:00) to January 18th, 2019 (11:59 pm, GMT +8:00).
6.2. During this period and until January 18th, 2019 (11:59 pm, GMT +8:00). the Participants will have to send by uploading on the platform, their deliverables, which are composed of:
· A business deck of their company
· A set of questions regarding their Core Technology(ies).
The selection of the Projects will be realized on the basis of these selection deliverables, in accordance with Article 11.
Article 7 CHARACTERISTIC FEATURES OF THE DELIVERABLES
7.1. Deliverables must be sent in a common digital format such as: DOC/DOCX/PDF/PPT/PPTX/KEY/ODT/MP3/MPEG/MOV/MP4 and be written in English.
7.2. In case of difficulties or failures to read the Deliverable, Participants of the concerned Project will be notified and have the responsibility to re-submit it before the Deliverable deposit end date of the current step. If the delay is passed, the Project in question will be disqualified from the Challenge.
7.3. Each Participant grants that the content of their deliverables are only their team’s contributions. If it appeared that contributions are issued from a third-party, all concerned participant(s) from concerned team(s) shall be disqualified.
The use of photos or images must be free copyright. In any case, the organizers will not be held responsible for the use of works upon which third-parties held rights.
8.1. The challenge has two selections processes:
· Selection (1): Service Provider’s staff will review and exclude projects that appear none-relevant to the scope of this challenge. They will then propose a list up to 5 projects to each one of the corporate participants.
· Selection (2): this stage ends with 3-finalist Projects selection per corporate participants.
8.2. Each of these selection steps is based on the criteria of:
· Relevancy of the business deck to our CFOs requirements
· Fit in terms of Technology of reference
Under no circumstances are taken into account factors relating to the person's appearance, religious or trade union, political opinions or sexual orientation of the participants. The selections will not result in any way, whether directly or indirectly, by chance or luck.
8.3. A Selection Jury (1) composed of the Service Provider’s staff, having the necessary qualifications to make the selection, will be responsible for selecting up to 5 Projects on the basis of the selection deliverables submitted.
8.4. A Selection Jury (2) composed of the open innovation forum participating companies, having the necessary qualifications to make the preselection, will be responsible for selecting up to 3 Projects among the 5 suggested by the Service Provider’s staff.
8.5. The Service Provider will, via an email sent to the address entered at the time of account creation on Agorize.com and via a notification on their Agorize.com account, inform all Participants of the Pre-Selection results by January 21st, 2019 (11:59 pm, GMT +8:00) at the latest. The Organizers will be free to alter the dates on which results are released should this become necessary due to the number of Projects to be assessed.
8.6. Each selected Participant must respond to the email sent by the Service Provider announcing the selection of the team before the deadline specified in the message. Otherwise, the Organizers reserve the right to disqualify the defaulting Participant’s Project.
“Intellectual Property Rights” refer to any patents, utility certificates, drawings, models, copyright, brands, database producer rights and any other intellectual or industrial property rights whatsoever.
“Existing Rights” refer to any Intellectual Property Rights and the know-how held by one of the parties before the start date of the Challenge.
“Own Rights” refer to any Intellectual Property Rights or know-how developed or acquired by a party after the start date of the Challenge without the practical assistance of another Party, whether or not as part of the Challenge.
“Results” refer to any work (including source and object code software), designs, inventions, specifications, information, knowledge, processes or products, as well as any resulting processes likely or otherwise to be protected by Intellectual Property Rights or classed as know-how developed by several parties as part of the Challenge.
9.2. The Existing Rights and Own Rights remain the exclusive property of the party in possession of them. Furthermore, the latter alone shall decide to protect its own knowhow or otherwise, and to file or protect or defend any of its Own Rights or Existing Rights. Unless otherwise agreed by the Participant and Partner Company, ownership of the Results reverts to the Participant.
9.3. For the Deliverables and Results, each Participant grants the Organizers the following rights free of charge:
● industrial property rights and author’s property rights, including the right to reproduce (wholly or in part), display (wholly or in part), analyze, adapt, modify, disseminate, translate and use these materials, and
● the right to permit someone else to exercise all or some of these rights, 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:
o only within the Challenge.
o as part of the assessment, within the Partner Company, of the opportunity for continuing or starting discussions with certain Participants regarding potential projects with one or more companies in the group Elia, this applying solely to the Partner Company.
9.4. The Organizers undertakes not to use the documents, submissions or Deliverables for purposes other than those stipulated above.
9.5. Participants expressly undertake not to misuse any legally recognized rights they may hold and any such misuse will entitle the Organizers and partners to disqualify the Participant concerned. Participants undertake to act in a way intended to also meet the Organizers’ requirements.
9.6. 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.
9.7. In this regard, Participants guarantee the Partner Company 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 Partner Company 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.
9.8. In respect of this undertaking, Participants must pay any compensation or other sums in place of the Partner Company (i) when the Partner Company is ordered to pay compensation by a legal ruling, or (ii) when the Partner Company has 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 the Partner Company in respect hereof.
9.9. 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.
9.10. 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.
9.11. the Organizers cannot be held liable for any infringement of the above provisions by Participants.
9.12. 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 https://www.agorize.com/cfo-match-making website does not constitute:
● an infringement of third party intellectual property rights (including video clips, TV challenges, 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 accepted standards of behavior or public order (including condoning crimes against humanity, inciting racial hatred, child pornography, etc.). Without prejudice to other rights held by the Organizers, 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 10 COMMUNICATION
10.1. Every Participant authorizes
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 Organisers 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.
11.1. The responsibility of the Organizers cannot be engaged in case of breakdown or dysfunction of the used telecommunications network, whatever the cause is, which would especially have the effect of damaging or preventing the identification or the access of the Participant on agorize.com or any other useful web site for the participation in the Challenge.
11.2. The participation in the Challenge implies knowledge and acceptance of the characteristics, limitations and risks of the internet network and the technologies which are linked to it, particularly in consideration of the performances, in response time, in the security of the software and the computer hardware towards diverse potential attacks such as virus, logic bomb or Trojan horse and in the loss or in diversion of data. As a consequence, the Organizers cannot be held responsible, in any case for the damages caused to the Participant because of these accepted characteristics, limitations and risks.
11.3. The Organizers cannot, in any case, be held responsible for any damage caused by the defect or the delay of delivery of the Deliverables, especially for the refusal to consider these Deliverables because of a late submission, or for any damage caused by an impossibility to connect to the relevant websites or to upload/download correctly any Deliverable, the defect or the delivery time of any e-mail sent during the Challenge, or for any damage caused by any hurdle preventing the Participant to attend or participate to whole or part of the Challenge.
11.4. The Organizers cannot be held responsible in case of total or partial modification, suspension, interruption, adjournment or cancellation of whole or part of the Challenge for reasons beyond their control or as defined in Article 19. In such case, the Service Provider will inform as soon as possible the Participants by a mention on agorize.com or by any mean it sees fit.
11.5. The Organizers cannot be held responsible for the consequences of a disqualification of a Participant, and/or a team, due to a violation of the Rules, and/or in case of rejection of a Deliverable due to noncompliance with the Rules.
11.6. The Organizers shall not be liable for any trouble, action, claim, objection, claim related to the use of the Deliverables of the Partner Company not foreseen by the Regulations or in connection with the negotiation, execution or performance of contracts that the Partner company would sign with the Participants, therefore there was no direct intervention of Service.
12.1. Is “Confidential Information” in the sense of the present arrangement, all the material or immaterial information of whatever nature, in particular administrative, commercial, scientific, technical, financial, fiscal, which was, is or will be communicated by the Partner Company to the Participant, directly or indirectly, and in a non-exhaustive way, orally, in writing whatever the support is, by delivery of paper or electronic documents.
Is not Confidential Information:
i. The currently accessible information or becoming accessible to the public without breach at the terms of the Regulations from the Participant,
ii. The information legally held by the Participant before their disclosure by the Partner Company,
iii. The information not resulting either directly or indirectly from the use of all or part of the Confidential Information,
iv. The information validly obtained close to a third party authorized to transfer or to reveal the aforementioned information.
12.2. During the duration of the Challenge and during a period of five (5) years after the end of the Challenge such as planned in Article 5, The Participant makes a commitment to:
· Not using the Confidential Information for any other purposes than the participation in the Challenge in the conditions of the Regulations;
· Taking any necessary, useful and reasonable precaution to protect the Confidential Information;
· Not Revealing the Confidential Information to whomever, by any means whatsoever, except to the other members of his/her Team;
12.3. The Organizers may disclose Participants’ 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.
12.4. At the end of the Challenge, because of the emergence of their term indicated to Article 5 or of their cancellation, the Participant will immediately have to put back to the Partner Company all the Confidential Information, whatever their support is, obtained during the Challenge. The Participant forbids himself from keeping copy in any form whatsoever, except with an on purpose, preliminary and written agreement by the Partner Company.
Article 13 INFORMATION AND LIBERTIES
13.1. The participation in the Challenge requires the communication of the Participant’s personal data mentioned in Article 4.
13.2. This data can be modified at any time by the Participant.
13.3. This data mentioned in the present Article is subjected to an automated processing in the sense of the law n°78-17 of January 6th, 1978 for which the Service Provider and possibly the Partner Company, is alone to define the means and the purpose, and is responsible, in this respect, for this processing in the sense of the aforementioned law.
The purpose of this processing is:
· To organize the intermediation between the Participant and the Partner Company;
· To ensure identification, communication and preservation of the exchanges with the Participant;
· To realize anonymous market studies by the Service Provider or a third-party.
13.4. The addressees of this data are the Service Provider and the Partner Company.
13.5. According to provisions of the law n°78-17 of January 6th, 1978, the Participant is informed that the personal data processing made was subjected to a statement in the Commission Nationale de l'informatique et des Libertés from which the receipt was delivered under the number 1856312v0.
In this respect, the Service Provider made a commitment to protect all the personal data of the concerned people. These data are collected and handled in by the Service Provider with the strictest confidentiality according to the law of January 6th, 1978.
13.6. According to the provisions of the articles 38, 39 and 40 of the law n°78-17 of January 6th, 1978, the Participant has, at any time, the right to:
· Oppose to the collect and process of personal data carried out by the Service Provider;
· Oppose to the communication of these data to third-parties;
· Get access to all personal data handled by the Service Provider;
· Rectify, update and delete his personal data handled by the Service Provider.
To exercise his rights in conformance with the law n°78-17 of January 6th, 1978, the Participant has to send a registered letter with acknowledgement of receipt mentioning clearly his identity and the object of his request to:
34, rue du faubourg Saint-Antoine
13.7. Concerning the possible installation of cookies (or witnesses of connection) on the Participant’s computer during his browsing on the Service Provider’s website, the Participant is invited to consult the Regulations and Competition Rules, Terms and Conditions present on the website www.agorize.com and that he/she has to accept previously during the opening of an account necessary to participate in the Challenge.
Article 14 RULES
14.1. The participation in the Challenge and the awarding of the Award require the acceptance purely and simply and the full respect for the Rules in all its terms. The Organizers reserve the right to disqualify, immediately and without compensation, every Participant and/or Project not satisfying in full with the Rules.
14.2. The Organizers reserve the right to modify at any time the terms of the Rules, and during the Challenge without the requirement of notification to the Participant, concerning the application and the validity of these modifications. The Participant is invited to consult regularly the Rules. The Participant gives up expressly any complaint or contesting linked to any modification brought to the Rules by the Organizers.
14.3. Rules are available for consultation online on agorize.com
14.4. A copy of these Rules can be asked for free and with the reimbursement of the stamp used in the conditions of Article 15.
Article 15 CANCELLATION AND SUSPENSION OF THE CHALLENGE
15.1. The Service Provider and Partner Company reserve the right to cancel, shorten, suspend the Challenge without prior notice:
· In cases of force majeure;
· If it appears that fraud has occurred in any form whatsoever;
· In the case of the Article 11.
15.2. The Organizers cannot be held responsible for cancellation or for suspension of the Challenge according to the present Article and no allowance nor compensation will be due to the Participant.
Article 16 INDEPENDENCE
16.1. The registration and the participation in the Challenge are not, in any way, for effect to create a link of subordination between the Organizers and the Participant.
17.1. Any claim of the Participant must be sent in writing during the latest 30 days after ending date of the Challenge.
17.2. Claims linked to the functioning of the website www.agorize.com must be formulated in writing at the following address:
34, rue du faubourg Saint-Antoine
17.3. Claims linked to the progress of the Challenge and to the sending of the Award must be formulated in writing at the following address:
34, rue du faubourg Saint-Antoine
17.4. At the risk of being rejected, any claim has to contain:
· Full contact details of the Participant (name, first name, address, zip code, city, Agorize login and e-mail);
· The identification of the concerned Challenge;
· The clear and elaborate presentation of the motives for the claim.
Article 18 PRELIMINARY RECONCILIATION
18.1. In case of persistent dispute after the Participant has made a complaint in accordance of Article 22, the Organizers and Participants agree to submit their dispute to an amicable settlement before any court proceedings.
18.2. The party eager to initiate conciliation must inform the other party through a registered letter with acknowledgment of receipt in which it will make him know his intentions and it will specify the cause.
18.3. If no agreement is reached between the parties within 30 days of the registered letter reception, parties regain their freedom of action.
Article 19 APPLICABLE LAW
19.1. The Regulations and the Challenge are under the French law.
19.2. In case of disagreement on the application or interpretation of the Rules, and the absence of agreement, any dispute will be submitted to the competent court, according to the legal rules of territorial jurisdiction.