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Georgios Foroglou, Kyle Smith, Joel Eliah and others are enlisted in the challenge
This Challenge is sponsored by Enel Green Power S.p.A., with registered offices in Viale Regina Margherita, 125, Rome (Italy) (the “Sponsor”).
The aim of these Rules is to set out the terms and conditions governing your participation in the Challenge. By registering for this Challenge, you fully and unconditionally agree to comply with these Rules. If you do not agree with any of these Rules, do not register for this Challenge and do not submit an entry.
This Challenge begins on February 5th 2021 at 10:00 AM CET and ends on April 30th 2021 at 11:59 PM CET. The Challenge will be accessible 24 hours a day on the dedicated Challenge website operated by Agorize at https://www.agorize.com/en/challenges/device-for-underground-utility-services-detection-for-excavator?lang=en (“the Challenge website”), subject to possible IT maintenance operations and malfunctions. Dates and times in these Rules refer to Central European Time (CET).
Any eligible person who is registered on the Challenge website and enrolls to participate in the Challenge (“Participant” or “You”), is required to review and accept these Rules. By accessing and accepting these Rules, You:
In case of non-respect of these Rules, the Participant will be immediately disqualified from the Challenge and no prize will be awarded.
To take part in the Challenge, we must have received your completed registration by March 21st 2021 at 11:59 PM.
To register, the Participant must first have created a user account on the Challenge website, and must have truthfully and accurately completed required information, such as full name, email address, etc.
Any registration based on inaccurate, false or incomplete information will result in the Participant’s disqualification. Refusing collection, recording and use of their personal data that is strictly necessary to performing the Challenge will result in the Participant’s disqualification. The participant is solely responsible for the information he/she provides while its registration. Any intentional or non-intentional mistake, anomaly or inconsistency, regarding this information, may result in the Participant’s disqualification. Sponsor reserves the right to proceed all necessary verifications regarding the Participant’s identity, postal and/or email address.
Deletion of a Participant’s user account on the Challenge website will be deemed as a withdrawal from the Challenge. In this case, the Participant, regardless of whether the deletion results from the Participant’s personal act or not, will not participate in the Challenge, and will not obtain any compensation.
You must also have accepted the Rules as well as the Terms and Conditions of Use and the Privacy Policy, during the creation of your user account and your registration to the Challenge.
Registration for and participation in the Challenge is free, with no purchase or payment obligation.
This Challenge is open and offered solely to:
All the documents that may confirm the Participant’s eligibility will be required prior to awarding any prizes (e.g. identity document, registration certificate, etc.).
This Challenge is void in countries where it is prohibited or restricted by law.
Participation in the Challenge must be as a Startup.
The goal of the Challenge is for Participants to submit contributions (or projects) meeting the requirements determined by the Sponsor in the Challenge brief, and that are formalized by deliverables. The brief includes information regarding various deadlines, details of the prizes, Sponsor requirements, etc. (the “Brief”). The Brief is accessible through the Challenge website.
During the Challenge, Participants may upload any documents or other materials (such as texts, presentations, videos, etc.) relating to their project to the Challenge website in response and as a solution to the Sponsor’s Challenge (the “Deliverable”).
To be eligible, Deliverables must (i) address the specific issue set out in the Brief, (ii) be in a common digital format, such as, DOC, DOCX, PDF, PPT, PPTX, MP3, MPEG, MOV, MP4, and (iii) be in English, and in general terms must comply with these Rules.
If a Deliverable cannot be downloaded, is not in the right format or is incompatible, illegible, or unintelligible, the Deliverable will be disqualified.
By submitting a Deliverable, Participants represent and warrant that:
Participants are responsible for and shall bear any costs or expenses associated with preparing and submitting Deliverables. Participants assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Deliverables.
Challenge Rounds. The Challenge consists of three rounds:
Deliverable. If a Participant does not upload a Deliverable on the Challenge website before the deadline, this will be considered as a withdrawal from the Challenge. The Participant may not join the Challenge, and may not obtain any compensation from the Sponsor.
Selection Criteria. Deliverables will be judged according to the Selection Criteria, described below. You agree and acknowledge that the Challenge relies on your creativity, capacity, ability, and ingenuity to solve difficult problems. The Challenge does not depend, even partially, on chance or luck, and therefore should not be considered as a lottery. Under no circumstances are factors such as appearance, religion, membership in a trade union, political opinions or sexual orientation considered.
Notification to Participants. Once the selection has been completed, Participants will be notified by email, phone, or by other means, at Sponsor’s discretion, of the results of each Round. The Sponsor 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. The ranking decided by the final jury will be announced on the day that presentations are made and will identify the Participants that are finalists.
1. Round One
All Round One Deliverables must be received by Sponsor on or before March 21st 2021 11:59PM (CET). Deliverables must meet the specifications set out in Section 6, above, and include:
While the Round One, voting will proceed as follow:
“Criteria based” voting will take place from March 22nd 2021 09:00AM (CET) to March 28th 2021 11:59PM (CET)
The voters (Sponsor members) (the “Voters”) may evaluate and select the Deliverables based on their content and the following criteria:
Except as otherwise provided below, the 5 Participants with the highest score at the end of this vote will win this vote and proceed to the next round.
2. Round Two
All Round Two Deliverables must be received by Sponsor on or before April 11th 2021 11:59PM (CET). Round Two Deliverables must meet the specifications set out in Section 6, above, and include:
“Criteria based” voting will take place from April 12th 2021 11:59PM (CET) to April 15th 2021 11:59PM (CET)
The voters (Sponsor members) (the “Voters”) may evaluate and select the Deliverables based on their content and the following criteria:
The vote in round 2 will determine a ranking for the solutions elaborated with the Mentor. Except as otherwise provided below, all the Participants admitted to Round 2 will be admitted and will proceed to the next round.
At this stage, participants can be excluded only in case of emerging legal issues related to their proposals, notwithstanding the rules set by this Regulation about the Participant disqualification.
3. Final Round
Participants who have been selected to participate in the Final Round will be directly notified by the Sponsor. In the event a Participant does not answer after the Sponsor has tried to contact him/her by email and by phone, the Sponsor reserves the right, at its sole discretion, to disqualify this Participant. This disqualification shall not entitle the Participant to claim any kind of compensation from the Sponsor.
The Final Round consists of an oral presentation of the selected projects by the Participants. Participants are not required to upload a Deliverable to the Challenge website before the Final Round.
However, Participants must prepare a Deliverable which meets the specifications set out in Section 6 and which include:
At the end of the Final Round, the jury will choose the winning project. The final results will not be given during the Final Round and will be provided after the event.
The prize to be awarded to Challenge winner are subject to all of the following. They are awarded to the winners of the Challenge and are subject to compliance with the following cumulative conditions:
No prize will be awarded to winners who do not fulfill the above.
Subject to these Terms and Conditions, once confirmed by Sponsor, the winner will receive a Prize of 10,000€.
You understand that the Award represents a complete payment that would be net of any local taxes that the Sponsor may be required to withhold, for any Accepted Proposed Solution and that you are not entitled to any other compensation of any kind. If local law does not require withholding of taxes, all taxes on Awards shall be your sole responsibility.
No assignment or transfer of prizes is allowed by a winner. If a potential winner cannot be reached, is unable to accept the prize or any portion of the prize for any reason, Sponsor shall have no further obligation to such potential winner. Sponsor will not replace any lost or stolen prizes after being awarded to winners. Winners will accept the prize “as it is”. Sponsor disclaims any warranty regarding the Prizes.
In the event a Participant (a winner) cannot be reached, by email or by phone, for more than three (3) months after the first attempt to reach them was made, he/she will be deemed as having waived their right to claim the prize and will not be entitled to any prize or any kind of compensation.
Any Participant who does not fulfil the conditions of Participation as provided in the Rules during their registration and/or at any time during the Challenge will be summarily disqualified from the Challenge without prior notice and will not be entitled to any prize. In the assumption that a prize is awarded to a Participant who does not meet the conditions of Participation when registering or throughout the duration of the Challenge, Sponsor reserves the right to require the Participant to return the awarded prize.
The Participant acknowledges and consents that Sponsor may, throughout the entire world and for the duration of the Challenge and for a period of one (1) year following the Final Round using the Challenge for publicity, including for Sponsor’s, (by any means and through any format (website, newsletter, press release) now known or unknown to date, free of charge or for a consideration.
In particular, you consent the using, by Sponsor, of your name and surname, your city and region of residence, the name of the institution in which you studied or in which you obtained your diplomas and other biographical information, your image , the information regarding the Prize (if you are a winner), the name of your company and its distinctive signs (if you are a Startup) and any other personal data that you submit with your Deliverables as well as the content of your Deliverables relating to the Challenge.
As an example, each Participant authorizes the Sponsor using the photographs taken during the Final to disseminate them via any communication medium.
Such use does not entitle the winner to any other payment than the Prize he/she received. The Sponsor agrees to cease using the aforementioned elements in connection with the Participant at the end of the aforementioned period.
Sponsor has no obligation to keep the information contained in the Deliverables confidential. In general terms, when submitting any Deliverables, the Participants understand, agree and accept that any information contained therein may be publicly disclosed by the Sponsor.
If you are a prize winner, Sponsor may request that you execute a confidentiality/non-disclosure agreement for the purpose of entering into negotiations regarding the further development of your project, as described in your Deliverable. Such confidentiality/non-disclosure agreement will be directed to your Deliverable and all intellectual property that it may contain.
Sponsor may request to the Participants to sign execute a confidentiality/non-disclosure agreement for the purpose of the Mentoring Phase. Such confidentiality/non-disclosure agreement will be directed to your Deliverable, all intellectual property that it may contain and to the confidential information eventually disclosed by the Sponsor.
Furthermore, Participants acknowledge that Sponsor may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the information contained in any of the projects. Accordingly, nothing herein shall prohibit Sponsor from independently acquiring, developing, or having developed for it, products, concepts, systems, services, or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in any Deliverable.
The Participants recognize that other Participants, individuals or entities may have provided Sponsor or others, or made public, or may in the future submit, or make public, content that is the same or similar to any piece of information contained in any of the projects. Hence, the Participants acknowledge, agree and accept that Sponsor shall have the right to use such same or similar materials, and that the Participants will not be entitled to any compensation arising from Sponsor’s use of such materials.
DEFINITIONS. FOR THE PURPOSES OF THIS SECTION,
OF THE INTELLECTUAL PROPERTY RIGHTS REGARDING ALL OR PART OF THE CREATIONS CONTAINED IN THE DELIVERABLES SUBMITTED AT ANY STAGE OF THE CHALLENGE, AND THAT HE/SHE HAS OBTAINED ALL RIGHTS AND PERMISSIONS REGARDING ALL PRE-EXISTING CREATIONS AND ANY ELEMENTS OF THE DELIVERABLES FOR WHICH HE/SHE DOES NOT HOLD THE RELEVANT RIGHTS.
EACH PARTICIPANT GUARANTEES (I) THAT HIS/HER DELIVERABLE IS ORIGINAL AND UNPRECEDENTED; (II) THAT IT DO NOT INFRINGE UPON THE COPYRIGHT OR ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (III) THAT ALL THE ELEMENTS OF WHICH HIS/HER SUBMISSIONS ARE FORMED, AS WELL AS ALL PIECES OF CONTRIBUTIONS AND INFORMATION COMMUNICATED IN THE SUBMISSION PRESENTATION DOCUMENTS ARE ACCURATE, RELIABLE AND COMPLETE; AND (IV) THAT THE SUBMISSION OF THE RELEVANT DELIVERABLES DOES NOT CONSTITUTE AN ACT OF UNFAIR COMPETITION OF ANY KIND.
IT IS COMPULSORY FOR PARTICIPANTS TO INDICATE THE SOURCE OF ANY PRE-EXISTING CREATIONS OF WHICHEVER NATURE AND ON WHICHEVER SUPPORT THAT ARE INCLUDED IN ANY SUBMITTED DELIVERABLE.
LIABILITY. SPONSOR CANNOT BE HELD LIABLE FOR ANY INFRINGEMENT OF THE ABOVE PROVISIONS BY PARTICIPANTS. EACH PARTICIPANT SHALL INDEMNIFY SPONSOR AGAINST ANY DISTURBANCE, ACTION, CLAIM, OPPOSITION AND DEMAND OR EVICTION ATTEMPT FROM ANY THIRD PARTY IN CONNECTION WITH ANY CREATION IN THE DELIVERABLES (INTELLECTUAL PROPERTY RIGHTS INCLUDED).
THE LICENSE IS NON-EXCLUSIVE, WORLDWIDE, SUBLICENSABLE AND TRANSFERABLE WITHIN THE SPONSOR’S GROUP OF ENTERPRISES AND ROYALTY FREE.
THIS LICENSE SHALL INCLUDE THE RIGHT TO REPRODUCE (WHOLLY OR IN PART), DISPLAY (WHOLLY OR IN PART), ANALYZE, ADAPT, MODIFY, DISSEMINATE, TRANSLATE AND USE ANY ELEMENTS WHICH ARE PART OF THE CREATIONS, AS WELL AS ANY PREVIOUS RIGHTS WHICH REVEALS NECESSARY FOR THE APPROPRIATE ENJOYMENT OF THE DESCRIBED LICENSE.
NOTWITHSTANDING THE ABOVE, IN CASE OF AWARDING, THE WINNING PARTICIPANT ACCEPTS TO GRANT THE SPONSOR A PERPETUAL, NON-EXCLUSIVE, WORLDWIDE, SUBLICENSABLE, TRANSFERABLE TO THIRD PARTIES AND ROYALTY FREE LICENSE TO:
● Update of the Rules. The Sponsor reserves the right to amend these Rules at any time, including the Challenge duration in case of operational imperatives, without prior notice to Participants regarding the enforcement or the validity of these amendments. Participants are encouraged to consult these Rules regularly. Participants expressly waive all claims or disputes related to any amendment to these Rules by the Sponsor.
● Should any paragraph of these Rules be declared or judged illegal, unenforceable or void by a court decision, the paragraph in question will be considered null and void, but all other unaffected paragraphs will be enforced within the limits of the law.
● Challenge Cancellation or Suspension. The Sponsor reserves the right in its discretion, to (i) cancel, terminate, modify or suspend the Challenge and these Rules, for any reason, at any time and without any liability, and (ii) to limit or restrict participation in the Challenge. The Sponsor will not be held liable for the modification, cancellation or suspension of the Challenge and no compensation or remuneration will be due to the Participants.
The Sponsor will in no way be held liable in the event of breakdown or failure, regardless of the cause, of any telecommunications network used that causes Participants difficulty in or prevents Participants from identifying themselves on or gaining access to the Challenge website.
Participants agree that company, its affiliates and all of their respective officers, directors, employees, contractors, representatives and agents (“released parties”) will have no liability whatsoever for, and will be released and held harmless by participants for any claims, liabilities, or causes of action of any kind or nature for any injury, loss or damages of any kind including direct, indirect, incidental, consequential or punitive damages to persons, including without limitation disability or death. Without limiting the foregoing, everything on the challenge website and in connection with the challenge is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, in which case such limitation or exclusion shall apply only to the extent permitted by the law in the relevant jurisdiction.
Participation in the Challenge implies acknowledgment and acceptance of the characteristics, limits, and risks of the internet and related technologies, particularly with regards to performance, response time, security of software and computer equipment against various potential attacks, such as viruses, logic bombs or Trojans, and loss or misuse of data. As a result, the Sponsor will not be held liable in any way for any damage incurred by Participants arising from these characteristics, limits and risks, which Participants accept by registering and taking part in the Challenge.
The Sponsor will not, in any case, be held liable for damages resulting from faults with or delays in the submission of deliverables by Participants, including refusal to accept these deliverables as a consequence of their submission outside the deadlines set out in the Rules, from faults with or delays to the sending of any emails by the Participant sent as part of the Challenge, or from any alterations made to the deliverables independently of the Sponsor.
The Sponsor will not, in any case, be held liable for damages resulting from services provided by a third party relating to the prizes.
The Sponsor will not be held liable for the consequences of a Participant’s disqualification from the Challenge as a result of their violation of these Rules.
Participation in the Challenge requires the communication of the Participant's personal data ("Personal Data").
Participant’s personal data is subject to processing within the meaning of the regulations on the protection of personal data (The EU 2016/679 General Data Protection Regulation and the Council of 27 April 2016, known as GDPR) for which the Sponsor defines the purposes and means and is, as such, “Data controller” within the meaning of the GDPR.
The purposes of the processing are:
Participant’s personal data will be shared with the Sponsor for purposes related to the challenge.
In accordance with the provisions of the GDPR, the Sponsor undertakes to implement organizational and technical security measures in order to protect all Participant’s Personal Data. The Sponsor undertakes to allow the exercise of their rights from GDPR.
Any Participant’s claims arising from the Challenge should be addressed no later than thirty (30) days following the Challenge end date to OpenInnovability-support@enel.com All claims must include: (i) the Participant’s complete contact details (name, address, email address and phone); (ii) the name of the Challenge; and (iii) a clear and detailed explanation for the claim.
The Challenge and any action related thereto shall be governed by the Italian law.
In case of persistent litigation beyond a period of fifteen (15) days after the Participant has filed a claim, the Sponsor and the Participant undertake to submit their dispute to an amicable conciliation prior to any legal proceedings. The party wishing to initiate conciliation shall inform the other party by means of a registered letter with acknowledgment of receipt in which it will inform of its intentions and will explain the cause. If no agreement is reached between the parties within thirty (30) days after receipt of the registered letter, the parties regain their freedom of action.
In case of persistent disagreement on the application or interpretation of the Rules, and in the absence of an amicable settlement, any dispute that may arise between the parties, will be subject to the exclusive jurisdiction of the Court of Rome to which the parties expressly grant jurisdiction, even in the case of multiple defendants, in summary proceedings, appeal by guarantee or by motion or any other jurisdiction.
The regulations are filed via www.reglement.net, at SELARL 812 - HUISSIERS, associate bailiffs, 88 boulevard de la Reine, 78000 VERSAILLES. The regulations may be amended at any time in the form of an amendment by the organiser, in compliance with the conditions set out, and published by online advertisement on the website. The amendment is registered with the SELARL judicial officers associated with the depository of the regulation before its publication. It shall come into force as from the date it is put online and any Participant shall be deemed to have accepted it simply by virtue of his participation in the Game, as from the date on which the amendment comes into force. Any Participant who refuses the modification(s) must stop participating in the Game. The rules are sent free of charge to any person by sending a written request by post before the closing date of the game to the following address: AGORIZE - 15, rue Béranger - 75003 PARIS.
The full rules can also be viewed online on the game website.