ECS, a public limited company with capital of E 713 O10 €, with head offices located at Roissypole, 5 rue de Ia Haye – 95703 ROISSHJ CDG CEDEX – FRANCE, RCS N’ 418 B93 047 AT BOBIGNY- FRANCE.
(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 called NexGenLeaders shall take place from January 18th of 2019 to May 10th 2019 via the website available at ttps://www.agorize.com/nglbyecsgroup,
(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 team of 1 to 5 Participants have to create of join on the platform in order to take part in the Challenge.
“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 2 PURPOSE OF THE RULES
2.1. Rules are intended to define 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
being a company:
- registered on the trade register of the country in which their headquarters are based
- 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
being an employee of ESC Group or an employee from partners of the operation.
3.4. Employees and representatives of the Service provider 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 1 to 5 members or sign up online and create a user account for their company.
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, depending the community to which he belongs,” if the Challenge is multi-community, must provide the information listed below:
- Date of Birth;
- Phone number;
- Company’s registered name;
- Company’s logo;
- Elevator pitch;
- Company’s formation date;
- Development state;
- 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
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 on the https://www.agorize.com/nglbyecsgroup subject to possible maintenance operations on servers or dysfunctions such as those mentioned on the Article 16.
Article 5 DURATION OF THE CHALLENGE
5.1. The Challenge shall take place from January 18th of 2019 – 2:00pm to March 3rd of 2019 – 11:59pm.
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 page on the website https://www.agorize.com/nglbyecsgroup. Those Deliverables must be written in French, in English or in Spanish; no other language will be accepted.
6.3. 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 January 18th of 2019 2:00pm to March 3rd of 2019 – 11:59pm.
7.2. During this period and until March 3rd of 2019 – 11:59pm, the Participants will have to send by upload on the platform, their Pre-Selection Deliverable, which is composed of:
- Their Project presentation based on the template downloadable from the dedicated page on https://www.agorize.com/nglbyecsgroup on PDF format
- 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 11.
Article 8 SELECTION STAGE PROCEDURE
8.1. The Pre-Selection is scheduled from March 14th of 2019 to April 10th of 2019.
8.2. Only the 40 to 50 (maximum) Projects selected at the end of the Pre-selection stage will be able to participate to the Selection stage.
8.3. These teams of participant should send before April 10th of 2019, by uploading on the platform their Final deliverable, which composed of:
- A 20 slides document describing their project and for example, the problem they address, the solution they bring, its impact and business model. It must emphasise on the budget and the project deployment
- A presentation video (1 minute maximum) explaining the project
- A sum up of the project (2 pages in PDF format)
8.4. A selection of the Projects who participated in the Selection stage will be carried out on the basis of the Final Deliverable in accordance with Article 11
Article 9 FINAL STAGE PROCEDURE
9.1. Only the Projects selected at the end of the Selection stage, will be able to participate in the final stage in accordance with Article 11.
9.2. This final stage consists of an oral presentation of their Project by the Participants of Project at the offices of the Partner Company in the whole world.
9.3. Only the 10 Projects selected participating in the final stage will be ranked on the basis of the oral presentation, in accordance with Article 11. 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 CHARACTERISTIC FEATURES OF THE DELIVERABLES
10.1. Those Deliverables must absolutely respond to the Challenge issue and rules described in the tab “Brief” on the Challenge page on https://www.agorize.com/nglbyecsgroup.
10.2. 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 French, in English or in Spanish.
10.3. 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.
10.4. 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.
Article 11 SELECTION PROCESS
11.1. 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;
11.2. Each of these selection steps is based on the criteria of:
- Originality of the proposal;
- Quality of the presentation
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.
11.3. A Pre-Selection Jury composed of members from the Partner Company, having the necessary qualifications to make the preselection, will be responsible for selecting up to 50 Projects on the basis of the Pre-Selection Deliverable submitted.
11.4. 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 20 Projects on the basis of the Selection Deliverable submitted.
11.5. Public vote: One Project will be selected via a public vote, which will be held on the deliverables made available for this purpose on the challenge page from [Start date and time of public vote] to [End date and time of public vote]. This Project will be the Project whose deliverable has received the most 'likes', and will be then be invited to the final stage alongside those Projects that were chosen following the selection stage.
In the event that the Project that receives the most 'likes' is also one of the [number of Projects chosen by the Selection Committee] Projects chosen following the selection stage, the Project chosen for the additional finalist slot will be the Project that has the largest number of 'likes' and that was not chosen following the Selection Committee's decision during the selection stage.
Any individual taking part in the public vote is permitted to cast a single vote for one Project only. Any attempts at cheating, use of fake profiles, use of third-party applications that enable false voting linked to cheating, or duplicate voting of which the Organizers become aware will entitle the Organizers to disqualify the Project that received these votes, and that Project's Participants will not receive any Award. The Organizers' decision regarding disqualification is final and their decision may not be contested by the Participants involved in the Project in question or in any other Projects within the Challenge.
11.6. 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 March 14th of 2019 at the latest and of the Selection results by May 29th of 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.
11.7. 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.
11.8. A Final Jury will be in charge in charge, at the end of the finale, of ranking the 20 Selected Projects based on their presentation and to nominate the 10 Winning Projects.
11.9. The Ranking made by the Final Jury will be announced on the day of the oral presentations.
11.10. Projects Pre-Selection, Selection and Ranking are conditioned to a minimum of three (3) uploaded recommendations meeting the Partner Company’s editorial and technical requirements set out in its Brief. The presence of a minimum of three (3) recommendations is justified by the need for the Partner Company to have a sufficient choice to conduct a fair nomination of the winning teams. The Partner Company will be entitled to cancel the Challenge in the event that there would be less than three (3) recommendations at the end of the Pre-Selection.
Article 12 AWARDS
12.1. 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.
12.2. 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.
12.3. Only the winners of the 10 Projects that are selected and then ranked by the Final Jury will receive an Award.
12.4. 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.
12.5. 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.
12.6. 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.
12.7. 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.
12.8. 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.
12.9. 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.
12.10. Winners of the 10 Projects will be awarded with the following prizes, according to their ranking, ranked by the Final Jury.
- Awards for Project n°1 (startup)
Financial endowment of €100,000 maximum to develop its project and linking with ECS Group Experts
- Awards for Project n°1 (student)
A trip of a maxium value of €5,000 per team and linking with ECS Group Experts
- Awards for Project n°1 (employee)
Financial endowment of €50,000 maximum to develop its project
- Awards for the 10 Projects finalists
An invitation to Air Cargo Europe trade in Munich
Article 13 INTELLECTUAL PROPERTY
“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.
13.2. 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.
13.3. 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), analyse, 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:
- only within the Challenge, including but not limited to the purposes of selecting Award recipients,
- 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.
13.4. The Organizers undertakes not to use the documents, submissions or Deliverables for purposes other than those stipulated above.
13.5. Participants expressly undertake not to misuse any legally recognised 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 the Organizers’ requirements.
13.6. 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.
13.7. 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.
13.8. 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.
13.9. 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.
13.10. 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.
13.11. the Organizers cannot be held liable for any infringement of the above provisions by Participants.
13.12. 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/nglbyecsgroup 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 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 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 14 COMMUNICATION
14.1. 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.
14.2. 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.
Article 15 REFUND OF ENTRY EXPENSES
15.1. 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).
15.2. All requests for refund by the Participant must be sent in writing before May 6th 2019 (date as postmark), to the following address:
34, rue du Faubourg-Saint-Antoine
Request cannot be done by telephone or by e-mail.
15.3. 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.
15.4. Any request of repayment over the deadline, incomplete, dubious or inaccurate will be refused in whole or part.
15.5. Only one reimbursement per Participant will be accepted.
15.6. 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 16 LIABILITY
16.1. 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.
16.2. 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.
16.3. 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.
16.4. 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.
16.5. 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.
16.6. 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.
16.7. 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 17 CONFIDENTIAL INFORMATION
17.1. 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.
17.2. 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;
17.3. 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.
17.4. 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 18 INFORMATION AND LIBERTIES
18.1. The participation in the Challenge requires the communication of the Participant’s personal data mentioned in Article 4.
18.2. This data can be modified at any time by the Participant.
18.3. 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.
18.4. The addressees of this data are the Service Provider and the Partner Company.
18.5. 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.
18.6. 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
18.7. 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 19 RULES
19.1. 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.
19.2. 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.
19.3. 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 20 CANCELLATION AND SUSPENSION OF THE CHALLENGE
20.1. 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.
20.2. 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 21 INDEPENDENCE
21.1. 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 22 CLAIMS
22.1. Any claim of the Participant must be sent in writing during the latest 30 days after ending date of the Challenge.
22.2. 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
22.3. 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
22.4. 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 23 PRELIMINARY RECONCILIATION
23.1. 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.
23.2. 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.
23.3. If no agreement is reached between the parties within 30 days of the registered letter reception, parties regain their freedom of action.
Article 24 APPLICABLE LAW
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.