CHALLENGE RULES

This Challenge is sponsored by VINCI CONSTRUCTION, 5 cours Ferdinand de Lesseps 
92851 Rueil-Malmaison cedex (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.

1. TERM 

This Challenge begins on July 10, 2019 at 4pm UTC+2 and ends on May 29, 2020 at 11.59pm UTC+2. The Challenge will be accessible 24 hours a day on the dedicated Challenge website operated by Agorize at www.agorize.com/thetrail2020 (“the Challenge website”), subject to possible IT maintenance operations and malfunctions. Dates and times in these Rules refer to Coordinated Universal Time (UTC+2).

2. AGREEING TO THE RULES

Any eligible person who is registered on the Challenge website and enrols to participate in the Challenge (“Participant” or “You”), is required to review and accept these Rules. By accessing and accepting these Rules, You:

• enter into a valid and enforceable contractual relationship with Sponsor regarding participation in the Challenge. The registration and enrolment in the Challenge do not set up any subordination relationship between the Sponsor and the Participant, and
• fully and unconditionally agree to comply with these Rules. Participants express their agreement by checking an online box while enrolling for the Challenge.

In case of non-respect of these Rules, the Participant will be immediately disqualified from the Challenge and no prize will be awarded.

3. REGISTRATION AND PARTICIPATION IN THE CHALLENGE

To take part in the Challenge, we must have received your completed registration by March 1, 2020 at 11.59pm.

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. 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.

4. ELIGIBILITY

This Challenge is open and offered solely to:

• Student. Any individual aged eighteen (18) years and/or with full legal capacity, who (i) is currently enrolled at a post-secondary institution or (ii) has recently graduated from a post-secondary institution less than 2 years before the current scholar year, with a student card to prove it. Each Student may only participate once in each Challenge. If the participant is a minor, you must provide this authorization signed by a parent or guardian in the name of the minor.

All the documents that may confirm the Participant’s eligibility will be required prior to awarding any prizes (e.g. identity document, student card etc.) 

This Challenge is only open to students, alternates and trainees regardless of the company they belong to. However, this Challenge is not open to any other member of the staff of the Organising Company and AGORIZE or to members of their families. 

This Challenge is void in countries where it is prohibited or restricted by law.

5. PURPOSE OF THE CHALLENGE AND PARTICIPATION

Participation in the Challenge must be as a team.

• Individual Participants may elect to form a team (“Team”) of four (4) members with mixed genders. Each Team member must accept these Rules, by clicking a hyperlink through the Agorize interface. Sponsor may disqualify any Team (and all its members) in the case where any one member has not accepted or violates these Rules.

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.

6. DELIVERABLES

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, KEY, ODT, MP3, MPEG, MOV, MP4, and (iii) be in English / or in English and Spanish, and in general terms must to 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:

• The Deliverable includes exclusively contributions from a Team. 
• Otherwise, if content from a third party has been used in the development of the Deliverable, all rights, authorizations and agreements necessary to submit the Deliverable and grant the rights mentioned herein have been obtained. The existence of uncredited third-party contributions in the Deliverable will result in the disqualification of the Deliverable and the related Participants;
• No other individual and/or entity is entitled to claim any rights from the use of the Deliverable; and
• The content of the Deliverable does not and will not infringe or violate any rights of any third party or entity, including, without limitation, intellectual property rights, privacy, competition law, confidentiality, or any contractual or extracontractual right. All deliverables suspected of any law(s) and/or any third party’s right will be ineligible.

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.

7. CHALLENGE PROCESS

Challenge Rounds. The Challenge consists of several rounds:

• Registration and participation : Deliverables will be accepted from July 10, 2019 at 4pm to March 1, 2020 at 11.59pm. At the end of this Round, 105 winning Deliverables will be selected to access the regional awards ceremonies.
• The Trail. This final phase will consist of an oral presentation of the Final Deliverable by the Project Participants and sports challenges. The dates and venue of this event will be announced in early 2020.

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 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. First selection step

All Round One Deliverables must be received by Sponsor before March 1, 2020 at 11.59pm. Deliverables must meet the specifications set out in Section 6, above, and include:

• A presentation of their 3 slides Project developed from the "selection file" downloadable from the site (participation space) in PDF format in French and English / or English / or Spanish and English.
• A presentation of their Project in the form of a Pitch (video of 1 minute 30 maximum) in Spanish with English subtitles / or in English.
• Answers to the various questions of the participation questionnaire

While the Round One, voting will proceed as follow:

Criteria based voting

“Criteria based” voting will take place from March 2, 2020 at 2pm to March 16, 2020 at 11.59pm.

The voters (members of the Organizing Company) (the “Voters”) may evaluate and select the Deliverables based on their content and the following criteria:

• Originality
• Relevancy
• Feasibility

The 105 projects will be selected according to the following country breakdown:

15 in France (including DOM-TOM)

15 in Asia

10 in New Zealand

10 in Australia

15 in South America

10 in North America

10 in Poland and the Czech Republic

10 in Africa

10 in the United Kingdom

The selected Projects will be invited to present their project orally at the regional awards ceremony with which they are associated 

Participants will be informed of the results before April 17, 2020.

2. Second selection step

The Jury, composed of members of the Organizing Company with the necessary qualifications to make the selection from among the participants' Final Deliverables, will be in charge of selecting, from among these 105 selected Projects, 15 Finalist Projects. These Finalists will be announced at the regional awards ceremonies to be held between March 16 and April 17, 2020.

The 15 projects will be selected according to the following country breakdown:

3 in France (including DOM-TOM)

3 in Asia,

1 in New Zealand

1 in Australia

3 in South America

1 in North America

1 in Poland and the Czech Republic

1 in Africa

1 in the United Kingdom

Only these 15 Finalist Projects will be able to participate to the Final.

3. Final Round

The Supplier will communicate to all Participants by e-mail sent to the address provided when creating a user account on the Agorize.com website and also by notifying their Agorize.com account of the results of the Selection between April and May 2020. If the number of Projects to be evaluated so requires, the Organizers will be free to modify these dates for sending results.

Each Finalist Participant must reply to the email sent by the Provider announcing the selection of its Project before the deadline indicated in this message. Failing this, the Organizers reserve the right to disqualify the Project of the defaulting Participant.

The Final Jury will be in charge of classifying at the end of the final phase the maximum 15 finalist projects and electing the 3 winning projects - i.e. the 3 projects that finished first in the ranking on the basis of the teams' oral presentations and the results of the sporting challenge.

The ranking made by the Final Jury will be announced on the day of the presentations and the trail.

8. PRIZES

The prizes to be awarded to Challenge winners 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: 

• The Deliverables comply with Section 6 (“Deliverables”);
• Each Participant of a winning project, complies with Sections 9 and 11;
• It can be proven that the winning Participants fulfil the conditions of eligibility of Section 4.

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(s) will receive the following:

• Grand Prize : Each member of the first team will be offered a trip to one of Vinci Construction's sites in Asia, Europe or Latin America (flights and accommodation for 2 nights, all expenses included) worth a maximum of €1000 including VAT.
• Second Place Prize : Each member of the second team will receive a connected item worth a maximum of €500 including VAT.
• Third Place Prize : Each member of the third team will receive a connected item worth a maximum of 300€ including VAT.

The 60 finalists will also be rewarded with some sports equipment. They will also have privileged access to internship and employment opportunities within VINCI Construction.

Each member of a Participant Team will receive its own prize.

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. 

If the prize as initially planned is unavailable, Sponsor will be free to substitute another prize of similar value. Any such decision is at Sponsor’s sole discretion.

Any Participant who does not fulfill 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 event 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.

9. COMMUNICATION 

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 advertising or other marketing purposes, (by any means and through any format (website, advertising banners, social networks, newsletter, press release) now known or unknow 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) 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.

10. CONFIDENTIALITY

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.

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.

11. INTELLECTUAL PROPERTY

Definitions. For the purposes of this section,

• "Intellectual Property Rights" refers to any copyright or other rights over a brand, a design or a model, a patent and, more generally, any element, (including trade secrets and know how), that may be protected by national and/or international laws or conventions on intellectual property (“Intellectual Property Rights”)
• “Previous Rights” refer to any Intellectual Property Rights and/or any associated know-how held by the Participants before the start date of the Challenge (“Previous Rights”) 

• “Creations” refer to any software (including source and object code software), database, technical specifications, text, design, model, information, knowledge, method, process or product, as well as any resulting elements and/or processes likely or otherwise to be protected according to national and/or international laws or conventions on intellectual property developed by any Participant as a part of any submitted deliverable throughout the Challenge (“Creations”).

Warranty of non-infringement. When submitting any Deliverable, at any stage of the Challenge, each Participant guarantees to Sponsor that he/she is the co/owner and/or co/holder 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 contribution 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. Any Deliverable involving several Participants constitutes a collaborative work and it should be treated as such in accordance with the applicable regulation in force.

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).

License

By taking part in the Challenge, Participants accept to grant Sponsor a license regarding the Creations as component of the Delivrable and the Delivrable itself for a period of one (1) year following the Final Round of the Challenge.

The license is exclusive, transferable within the Sponsor’s group of enterprises and royalty free.

This licence shall include the right to reproduce (wholly or in part), analyze, adapt, modify, disseminate, translate and use, including for commercial purposes, any element contained in the Creations, as well as any prior Right necessary for the use of the said license.

12. MODIFICATION OF RULES, SUSPENSION AND CANCELLATION OF THE CHALLENGE

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.

13. LIMITATION OF LIABILITY

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 acknowledgement 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 provide 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.

14. PERSONAL DATA PROTECTION

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:

• To meet the organization of the challenge needs
• To organize the intermediation between the Participant and the Sponsor, to ensure identification, communication and preservation of the exchanges with the Participant

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.

15. INSURANCES

The participants declare that they have all the necessary insurance, particularly in civil matters and personal injury, to participate in the Challenge.

16. ETHICS

Each Party undertakes to comply with (i) any regulations applicable to the fight against corruption in France (Law Sapin II) and abroad (including the provisions of the United States Foreign Corrupt Practices Act and the Bribery Act in the United Kingdom) and (ii) the VINCI Ethics and Conduct Charter available on its website.

17. CLAIMS

Any Participant’s claims arising from the Challenge, should be addressed no later than thirty (30) days following the Challenge end date to claire.schnoering@vinci-construction.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.

18. APPLICABLE LAW AND DISPUTES RESOLUTION

The Regulations and the Challenge are subject to French 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 French courts to which the parties expressly grant jurisdiction, even in the case of multiple defendants, in summary proceedings, appeal by guarantee or by motion.

19. Legal deposit