TERMS OF THE CHALLENGE
FM LOGISTIC CORPORATE, , SAS with a capital of 42,926,547.38 €, Zone Industrielle, Rue de L'Europe, (57370) PHALSBOURG FRANCE, registered under the number 452228-596 at the Commercial and Companies Register of METZ. (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 01/10/2018 to 30/04/2019 via the website available at www.agorize.com/faster-mind-challenge, (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 “Organizers”).
Article 1. DEFINITIONS
“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 Team and all of its 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 group of persons the Participants have to create or join on the platform in order to take part in the Challenge.
“Winner” or “Winners”: refers to the members of the seven (7) Projects that reach the final stage of the Challenge, and are ranked by the Final Jury as winning teams.
Article 2. PURPOSE OF THE RULES
2.1. Rules are intended to define, according to article L. 121-15-2 of the French Code de la Consommation, 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.
2.2. 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.
Article 3. CONDITIONS FOR ENTERING THE CHALLENGE
3.1. 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.
3.2. The Participant must read these Rules, and fully accept their terms in their entirety without reservation before its Registration and participation in the Challenge.
3.3. Participation to the Challenge is under the conditions of
- Being any natural adult person, currently enrolled in higher education or anyone graduated from an institution of higher education of the territory two years ago or less and able to justify it with a student card.
- being any person on legal age and able to justify it with an Identification card
3.4. Employees and representatives of the Service provider and of the Partner company and/or the members of their families (parents, children, spouses) cannot participate in the Challenge.
3.5. 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.
3.6. There is only one entry per person in the Challenge
3.7. Participants must
form teams from 2 to 3 members.
3.8. 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.
Article 4. REGISTRATION AND ACCESS TO THE CHALLENGE
4.1. 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:
- Date of Birth;
- Phone number;
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
4.2. 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.
4.3. 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.
4.4. 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.
4.5. The Challenge is available 24 hours a day at www.agorize.com/faster-mind-challenge subject to possible maintenance operations on servers or dysfunctions such as those mentioned on the Article 17.
Article 5. DURATION OF THE CHALLENGE
5.1. The Challenge shall take place from 01/10/2018 at 08:00 am to 30/04/2019 at 23:59.
5.2. Every date clearly defined in these rules and the challenge is in the Paris time zone (GMT +1).
5.3. 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 6. PRINCIPLE OF THE CHALLENGE
6.1. The Challenge consists of making contributions formed by two (2) Deliverables which are in accordance with the requirements listed in Article 7 and Article 8, during the two steps of preselecting and selecting.
6.2. Those Deliverables must absolutely respond to the Challenge issue and rules described in the tab “Brief” on the Challenge web page: www.agorize.com/faster-mind-challenge.
6.3. Deliverables can be written in local language until the national final stage. All deliverables and presentation for the International Final will be compulsory in English.
6.4. Each recommendation is exclusively composed of two (2) Deliverables:
- The preselection Deliverable mentioned in Article 7 subjected to the terms of this disposition;
- The Selection Deliverable mentioned in Article 8 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.
Article 7. PRE-SELECTION STAGE PROCEDURE
7.1. The Pre-Selection is scheduled from 01/10/2018 at 08:00 am to 02/12/2018 at 23:59.
7.2. During this period and until 02/12/2018 at 23:59, the Participants will have to send by upload on the platform, their Pre-Selection Deliverable, which is composed of:
- A project presentation based on the template downloadable from the dedicated page on agorize.com/faster-mind-challenge.
- A presentation of the Participant using the form on his participation tab accessible once he his registered.
7.3. The preselection of the Projects will be realized on the basis of this Preselection Deliverable, in accordance with Article 12.
Article 8. SELECTION STAGE PROCEDURE
8.1. The Selection is scheduled from 19/12/2018 at 08:00 am to 20/01/2019 at 23:59.
8.2. Only the teams selected in each Organizing Country at the end of the preselection process will be able to participate to the selection step.
8.3. These teams or participant should send before 20/01/2019 at 23:59, by uploading on the platform their final deliverable, composed of:
- A detailed file explaining clearly the idea. The support can be a powerpoint (10 to 15 slides maximum), word document (3 pages maximum), diagrams, animation, layout, Sketch …
8.4. A selection of the Projects which participated in the Selection stage will be carried out on the basis of the Final Deliverable in accordance with Article 12
Article 9. NATIONAL FINAL STAGE PROCEDURE
9.1. Only the four (4) Projects selected in each Organizing Country at the end of the Selection stage, will be able to participate in the national final stage in accordance with Article 12.
9.2. This stage deliverable consists of an oral presentation of their Project by the Participants.
9.3. Only the four (4) Projects selected participating in the final stage will be ranked on the basis of the oral presentation, in accordance with Article 12.
9.4. The Organizers might shoot an institutional movie presenting the final ceremony, the selected Participants understand that they must to their best to take part in this movie.
Article 10. INTERNATIONAL FINAL STAGE PROCEDURE
10.1. Only the first Project, winner in each Organizing Country at the end of the National Final stage, will be able to participate in the International Final stage in accordance with Article 12.
10.2. This stage deliverable consists of an oral presentation of their Project by the Participants in Paris.
10.3. Only the seven (7) Projects selected participating in the final stage will be ranked on the basis of the oral presentation, in accordance with Article 12.
10.4. The Organizers might shoot an institutional movie presenting the final ceremony, the selected Participants understand that they must to their best to take part in this movie.
Article 11. CHARACTERISTIC FEATURES OF THE DELIVERABLES
11.1. Those Deliverables must absolutely respond to the Challenge issue and rules described in the tab “Brief” on the Challenge page on www.agorize.com/faster-mind-challenge.
11.2. Deliverables must be sent in a common digital format such as: DOC/DOCX/PDF/PPT/PPTX/KEY/ODT/MP3/MPEG/MOV/MP4.
11.3. Deliverables must be written either in English or in local languages.
11.4. 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.
11.5. Each Participant grants that the content of the deliverables are only their contributions from their team. If it appeared that contribution are from a third party all participant from concerned team may be disqualified.
11.6. 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 on which third parties have rights.
Article 12. SELECTION PROCESS
12.1. The challenge is divided in two selection processes:
- Preselection: this stage ends with the preselection of Projects;
- Selection: this stage ends with finalist Projects selection;
12.2. Each of these selection steps is based on the criteria of:
- Originality and innovative character of the project
- Relevance of the proposal
- Impact on the market
- Quality of the presentation and collaboration of the team
- Feasibility of implementation
- Unpublished and easily implementable project
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.
12.3. A Pre-Selection Jury composed of members from the Partner Company in every Organizing country, having the necessary qualifications to make the preselection, will be responsible for selecting up to fifteen (15) Projects on the basis of the Pre-Selection Deliverable submitted.
12.4. A Selection Jury composed of members from the Partner Company, having the necessary qualifications to make the preselection will be responsible for selecting up to four (4) Projects on the basis of the Selection Deliverables submitted.
12.5. 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 19/12/2018 at the latest and of the Selection results by 05/02/2019 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.
12.6. Each pre-selected or 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.
12.7. A Final Jury will be in charge in charge, at the end of the finale, of ranking the seven (7) Selected Projects based on their presentation and to nominate the Winning Projects.
12.8. The Ranking made by the Final Jury will be announced on the day of the oral presentations.
Article 13. AWARDS
13.1. Awards referred to in this Article are awarded in consideration of:
- The delivery of Deliverables which quality has been recognized by the different Jurys;
- Acceptance and respect of Article 13 on Intellectual Property for each Winner;
- Acceptance and respect for each Winner of Article 14 on use of Winners information.
No Award can be delivered to the Winners if they do not meet these three conditions, as well as entirely comply with these Rules.
13.2. Any award of an Award at the end of the challenge is subject to, and is performed only when subjected to:
- The full respect of the Rules set out for the Challenge;
- The presentation by each winner of documents justifying that he respects the conditions of Article 3.
13.3. All of the seven (7) Projects that are selected and then ranked by the Final Jury will receive an Award.
13.4. A Participant will not be considered a Winner and will not receive any Award unless the Participant is part of the Project's Team on the Agorize.com website before the end of Pre-selection.
13.5. Every Participant recognizes and accepts that the Award cannot give rise to no contesting of any kind, to a request of delivery neither of their monetary exchange value, nor to their replacement or exchange for another Award whatever the reason is. The Award is not transferable and the Participants are informed that the sale or the exchange of the Award is forbidden.
13.6. In case of unavailability of an Award, the Partner Company will be free to substitute an Award of a similar value, of the same brand or of a different brand, or its exchange value in cash for the discretion of the Partner Company.
13.7. Every Participant recognizes and accepts that the Partner Company will not be held responsible, in any case, for the dysfunction of the Award or for any harmful consequence undergone by the Winner or any third party because of the Award. It is stated that the Company will not provide any partner warranty service or assistance.
13.8. Every Participant recognizes and accepts that the Partner Company is only committed to the delivery of the Award awarded to the Winners. As a consequence, all the extra costs relative to these Awards or the overheads linked to the accession to ownership of these Awards will stay, unless otherwise stipulated of the Rules, chargeable to the Winners. Neither coverage nor refund will be owed as such.
13.9. Winners will be informed by email of their award sent by the Service Provider to the address communicated for their inscription of their account on www.agorize.com by 15 days maximum following the day where the final ranking is made by the jury. The Participant commits himself to respect directives indicated in the email. In the case where a Winner did not succeed to take his prize, for independent reason from the Organizers, in a delay of 2 months from the reception of this email, the Partner Company has the right to declare this Award not attributed to this winner.
13.10. Winners of the seven (7) Projects will be awarded with the following prizes, according to their ranking, with the precision that Project n°1 of each category is better than Project n°7, which is considered the last of the seven (7) ranked by the Final Jury.
- Awards for Project n°1
Smart watch 3è génération en cuir bleu marine 279 €
- Awards for Project n°2
JBL Xtreme Portable Wireless Bluetooth Speaker 200 €
- Awards for Project n°3
Instant camera Fujifilm Instax Mini 70 Bleu des Iles 99€ + recharges 16 €
- Awards for Project n°4
USB blender 39 € + livre de recette Tasty 20 €
- Awards for Project n°5
Le comptoir de Mathilde (Coffret Franchouillard) 27,90 €
- Awards for Project n°6
Le comptoir de Mathilde (Coffret Franchouillard) 27,90 €
- Awards for Project n°7
Le comptoir de Mathilde (Coffret Franchouillard) 27,90 €
Article 14. INTELLECTUAL PROPERTY
14.1. The term "intellectual property rights" refers to any Invention, any copyright or other rights over a brand or model and, more broadly, any element that may be protected by international laws or conventions on intellectual property.
14.2. Any and all brand, logo, or any other Company-related element is the sole property of the Company. Taking part in the Challenge constitutes in no way a right of use on these intellectual property elements.
14.3. Any Deliverable involving several Participants constitutes a collaborative work, according to the article L 113-2 and following of the Intellectual Property Code. The Participant testifies he/she indeed is co-author and co-owner of all intellectual property rights attached to every Deliverable submitted for the Challenge by the team the Participant is part of, and owns all Deliverable-related rights, including the intellectual property rights.
14.4. The Deliverables are confidential. Each Participant agrees that he/she shall divulge none of it to any third party and that he/she will graciously neither reuse nor modify, publish, communicate, cede or exploit any part of the Recommendation and/or Deliverable without the Company’s written agreement beforehand.
14.5. Consequently, each Participant cedes the Company the exclusive right to file any industrial property title in his/her name protecting the Deliverables, including any patent, licence, franchise, registered trademark, protection certificate, vegetal certificate, semiconductor topography, any filing of a drawing or a model, a brand or a domain name, whether it be in France, the European Union or across the world.
The Company shall be sole beneficiary of all rights attached to the industrial property rights that might incur, and shall dispose of them freely.
Were the Deliverables protected, in part or in whole, by author’s rights, and in accordance with the Intellectual Property Code, ceded rights include all authors’ right-related patrimonial rights, namely:
- The right to adapt, modify and transform, in part or in whole, the Deliverables;
- The right to correct and adapt softwares, create new versions or builds, maintain, decompile, mix, modify, assemble, transcript, arrange, digitalize, port onto any configuration, interface with any software, database, IT product, use algorithms to any end, transcript it in part or in whole, under any shape or form, modified, condensed, extended, to integrate it in part or in whole into existing or future works, and to do so on any paper, magnetic or optic material, including internet, disc, tape, CD, listing ;
- The right to reproduce or get the Deliverables reproduced, without limitations of number, in part or in whole, by any means, on any material, present and future, known or unknown (including paper, magnetic, electronic, digital, etc.) ;
- The right to represent or get the Deliverables represented, any new version or adaptation of those Deliverables, by any means of diffusion and communication, present and future, known or unknown, (including telecommunications network, television, telephone, satellite, cable, etc.) and in particular on websites (YouTube, etc.), social networks, brand communication operations, etc. ;
- The right to make evolve, adapt, modify or make modified, correct or make corrected, in part or in whole, the Deliverables;
- The right to translate or get the Deliverables translated, in part on in whole, in any language, and to reproduce the awards ceremony movie on all material, present or future, known or unknown, (including paper, magnetic, electronic and digital) ;
- The right to put on the market, distribute, commercialize and diffuse the Deliverables, by any means, graciously or not;
- The right to use and exploit the Deliverables in any way, shape or form, for its own activities or any third party, graciously or not;
- The right to allow or forbid any reuse and/or substantial extraction of the databases’ content.
This cession is consented to for the legal duration of those rights, internationally, without limit of destination, for all uses known and future, on any material. The Winner also states not to wish to make use of any moral right he/she might have on these Deliverables, or on his/her Deliverables’ authorship.
The Participant agrees that the cession’s price is included within the Prize’s worth he/she is given, and cannot ask for any additional sum for any reason. Moreover, the Participant testifies to the Company that he/she hasn’t filed any kind of patent or copyright for his/her Deliverables and will not in the future.
The Participant guarantees the Results do not constitute a counterfeit, and that the cession does not infringe upon any third party’s rights, whatever they might be. The Participant guarantees the Company and its affiliates, along with the Organizing Company, against any action or claim from any person invoking an intellectual or industrial property right, or any other act this cession might infringe upon.
Article 15. COMMUNICATION
15.1. Every Participant authorizes the Organizers, in the hypothesis where he/she would be appointed Winner of the Challenge to use his/her family name, his/her first name, his/her twitter address, his/her city and his/her region of residence, the name of his/her school or former school and his/her photograph, name in any promotional demonstration (except with purchase advertising space), including on the web sites of the Service Provider and the Partner Company and any site or affiliated support, without that this use can legally give rise to any remuneration during 2 years maximum after the end of the Challenge.
15.2. The Participant understands and acknowledges that participating to the challenge is the opportunity to receive from the Organizers job opportunities and job information newsletters.
Article 16. REFUND OF ENTRY EXPENSES
16.1. The Participants can obtain the refund of postage incurred in the claim of reimbursement and/or any written application for the settlement (based on the going rate – slow rate 20g applicable in France).
16.2. All requests for refund by the Participant must be sent in writing form before 30/04/2019 (date as postmark), to the following address:
34, rue du Faubourg-Saint-Antoine
75012 PARIS, FRANCE
Request cannot be done by telephone or by e-mail.
16.3. To be admissible, the request will mandatory contain:
- Full contact details of the Participant (name, first name, address, zip code, city, Agorize login and e-mail);
- Valid bank details or account details;
- Where applicable, the precise request of communication of Rules and repayment of the stamp used in the aforementioned price rate.
16.4. Any request of repayment over the deadline, incomplete, dubious or inaccurate will be refused in whole or part.
16.5. Only one reimbursement per Participant will be accepted.
16.6. The reimbursement will be processed by bank transfer on the account indicated during the request after the check of the legitimacy of the request and in a deadline the Organizers of which have the whole discretion.
Article 17. LIABILITY
17.1. 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.
17.2. 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.
17.3. 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.
17.4. 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.
17.5. 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.
17.6. 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.
17.7. In any case, the Organizers will not be held responsible for the delivery of the Awards nor in case of impossibility for a Winner to benefit from his/her Award for circumstances beyond Organizers’ control. The responsibility of the Organizers cannot be engaged in case of loss and/or deterioration of the Award by post or any third similar service provider and more generally if the Winner does not receive his/her Award. The responsibility of the Organizers cannot be engaged in case of incidents or of damages of all kinds, which could arise because of the enjoyment of the awarded prize and/or because of its use.
Article 18. CONFIDENTIAL INFORMATION
18.1. 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:
- The currently accessible information or becoming accessible to the public without breach at the terms of the Regulations from the Participant,
- The information legally held by the Participant before their disclosure by the Partner Company,
- The information not resulting either directly or indirectly from the use of all or part of the Confidential Information,
- The information validly obtained close to a third party authorized to transfer or to reveal the aforementioned information.
18.2. Through all 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;
18.3. 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.
18.4. 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 19. INFORMATION AND LIBERTIES
19.1. The participation in the Challenge requires the communication of the Participant’s personal data mentioned in Article 4.
19.2. This data can be modified at any time by the Participant.
19.3. 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.
19.4. The addressees of this data are the Service Provider and the Partner Company.
19.5. 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.
19.6. 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
75012 PARIS, FRANCE
19.7. 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 20. RULES
20.1. 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.
20.2. 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.
20.3. Regulations are registered with SCP Bornecque Winandy - Bru Nifosi, huissiers de justice associés 15, Passage du Marquis de la Londe- 78000 - Versailles.
Rules are available for consultation online on agorize.com
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 21. CANCELLATION AND SUSPENSION OF THE CHALLENGE
21.1. 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.
21.2. 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 22. INDEPENDENCE
22.1. 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.
Article 23. CLAIMS
23.1. Any claim of the Participant must be sent in writing within 30 days after the ending date of the Challenge.
23.2. 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
75012 PARIS, FRANCE
23.3. 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
75012 PARIS, FRANCE
23.4. 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 24. PRELIMINARY RECONCILIATION
24.1. 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.
24.2. 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.
24.3. If no agreement is reached between the parties within 30 days of the registered letter reception, parties regain their freedom of action.
Article 25. APPLICABLE LAW
25.1. The Regulations and the Challenge are under the French law. 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.