Sports Analytics Challenge
Participate in a unique contest: revolutionise football using your science skills!
Sports Analytics Challenge
This Challenge is sponsored by the Paris Saint-Germain (53 avenue Émile Zola CS 60065 92650 Boulogne Billancourt Cedex) as well as l’École Polytechnique (the “Sponsors”).
The aim of these Rules is to set out the terms and conditions governing your participation in the Challenge. By participating in this Challenge, you fully and unconditionally agree to comply with these Rules. If you do not agree with any of these Rules, do not register for this Challenge and do not submit an entry.
This Challenge begins the on 4 March 2019 at 12.00pm [CET] and ends on 21 May 2019 at 11:59pm [CET]. The Challenge will be accessible 24 hours a day on the dedicated Challenge website operated by Agorize at [www.agorize.com/xpsg] (“the Challenge website”), subject to possible IT maintenance operations. Dates and times in these Rules refer to Central European Time (CET).
- 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 the Sponsor regarding participation in the Challenge. The registration and enrolment in the Challenge does 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.
- REGISTRATION AND PARTICIPATION IN THE CHALLENGE
To take part in the Challenge, we must receive your completed registration by the 15 April 2019 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. The Participant is solely responsible for the information he/she provides when registering. Any intentional or non-intentional mistake, anomaly or inconsistency, regarding this information, may result in the Participant’s disqualification. The 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 action or not, will not participate in the Challenge, and will not obtain any compensation.
Registration for and participation in the Challenge is free, with no purchase or payment obligation.
This Challenge is open and offered solely to:
- Students. 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 academic year, with a student card as verification. Each Student may only participate once in each Challenge. If the participant is a minor, he/she must provide this authorization signed by a parent or guardian.
- Individual Participants. Individuals aged eighteen (18) years and/or with full legal capacity at the time of registration. Each Individual Participant may only participate once in each Challenge.
All the documents that may confirm the Participant’s eligibility may be required prior to awarding any prizes (e.g. identity document, student card etc.).
This Challenge is not open to employees and representatives of the Sponsors and Agorize and the members of their families.
This Challenge is void in countries where it is prohibited or restricted by law.
- PURPOSE OF THE CHALLENGE AND PARTICIPATION
Participation in the Challenge must be individual (Individual Participant).
- Individual Participants must enter the Challenge in their individual capacities.
The goal of the Challenge is for Participants to submit contributions (or projects) meeting the requirements determined by the Sponsor in the Challenge brief, and that are formalized by deliverables. The brief includes information regarding various deadlines, details of the prizes, Sponsor requirements etc. (the “Brief”). The Brief is accessible through the Challenge website.
During the Challenge, Participants may upload any documents or other materials (such as texts, presentations, videos, etc.) relating to their project to the Challenge website in response and as a solution to the Sponsor’s Challenge (the “Deliverable”).
To be eligible, Deliverables must (i) address the specific issue set out in the Brief, (ii) be in a common digital format, such as, DOC, DOCX, PDF, PPT, PPTX, KEY, ODT, MP3, MPEG, MOV, MP4, and (iii) be in English or French, and in general terms must comply with these Rules.
If a Deliverable cannot be downloaded, is not in the right format or is incompatible, illegible, or unintelligible, the Deliverable will be disqualified.
By submitting a Deliverable, the following needs must be respected:
- The Deliverable includes exclusive contributions from an Individual Participant.
- 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 for damaged, lost, late, incomplete, invalid, incorrect or misdirected Deliverables.
- CHALLENGE PROCESS
Challenge Rounds. The Challenge consists of several rounds:
- Round One: Deliverables are accepted from March 4, 2019, 12:00 pm, to April 15, 2019, 11:59 pm. At the end of this stage, a maximum of 11 participants will be selected and will access the second stage.
- Round Two: This stage will take place from 22 to 23 April 2019. Participants will need to have a Skype interview with the challenge organizers to clarify the design of their algorithm. At the end of this stage, a maximum of 5 participants will be selected and will proceed to the third stage.
- Round Three: Deliverables are accepted from April 24, 2019, 12:00 pm, to May 20, 2019, 11:59 pm. At the end of this stage, the 5 selected participants will reach the final.
- The Final: Participants are not required to post a Deliverable on the Challenge Site for this final step.
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 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.
- Round One
All Deliverables in this stage must have been received by the Organizing Companies before April 15, 2019, 11:59 pm. Deliverables must meet the specifications defined in section 6 above, and must include:
- Filling out an online form.
- Downloading the learning database consisting of Opta F24 files.
- Submitting an algorithm in Python or R programming language applicable to this test database. The submitted folder must contain 3 files (in Python: main_psgx.py; install_psgx.py; readme.text OR in R: main_psgx.r; install_psgx.r; readme.text).
As part of this first selection stage, the voting will take place as follows:
Voting by algorithm
The Algorithm Vote will take place from April 15, 2019, 12:00 to April 17, 2019, 11:59 pm.
Voters (members of the Organizing Companies) (hereinafter referred to as "Voters") may evaluate and select the Deliverables according to the following criteria:
- Performance: Candidates will be required to create an algorithm to optimize athletic performance based on a set of data provided. The most efficient algorithms will be selected for the next step.
Except as provided below, the 11 Participants who received the highest scores at the end of the voting stage win this vote and proceed to the next stage of selection.
Participants will be informed of the results of the first selection stage on 18 April 2019.
- Round Two
As part of this second selection stage, the voting will take place as follows:
Voting by criteria
The Criteria Vote will take place on April 23, 2019.
Voters (members of the Organizing Companies) (hereinafter referred to as "Voters") may evaluate and select the Deliverables according to the following criteria:
- Relevance: to what extent does the Deliverable meet the specific need expressed in the Brief?
- Clarity: Is the proposed solution and explanation of its design well-articulated?
Except as provided below, the 5 Participants who received the highest scores at the end of the voting stage win this vote and proceed to the next stage of selection.
Participants will be informed of the results of the second selection stage on 24 April 2019.
- Round Three
All Deliverables of this second stage must have been received by the Organizing Companies before or on May 20, 2019, 11:59pm. Deliverables must meet the specifications defined in section 6 above.
The 5 finalists selected at the end of the interview will be given a data set to test the good design of their algorithm. The finalists will have to put themselves in the shoes of an analyst from Paris Saint-Germain confronted with a problem. Participants will be able to be assisted in their project design.
- The Final
The Participants selected to participate in this Final will be contacted directly by the Organising Companies. In the absence of confirmation of participation from them when the Organising Companies have tried to contact them by email and telephone, the latter reserve the right, at their sole discretion, to disqualify the Participants concerned. Such disqualification, if any, shall not give rise to any compensation from the Organizing Companies.
This final phase will consist of an oral presentation of the projects selected by the Participants. Participants will be asked to present the results obtained in the third phase on May 21, 2019, at 4:30 pm.
Voters (members of the Organizing Companies) (hereinafter referred to as "Voters") may evaluate and select the Deliverables according to their content and the following criteria:
- Performance: could the proposed algorithm best support the Paris Saint-Germain team and enable it to increase its sporting performance?
- Relevance: to what extent does the Deliverable meet the specific need expressed in the Brief?
At this stage of the selection, Participants are not required to submit any Deliverables via the Challenge Website before the Final.
This final phase will consist of an oral presentation of the Final Deliverable by the Project Participants on May, 21, 2019.
A ranking of the 5 Projects participating in the final phase will be carried out on the basis of this oral presentation of the Fina Deliverable. An institutional film presenting the prize-giving ceremony of the Competition may be produced by the Organizers and the selected Participants undertake to make their best efforts to participate.
At the end of the Final, the jury will be in charge of electing the winning projects and will proceed to a ranking of the winners.
Finalists who are unable to travel to Paris to participate in the final will be disqualified.
The prizes 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 fulfil the above.
Subject to these Terms and Conditions, once confirmed by Sponsor, the winner(s) will receive the following:
- A grant awarded to the first place: 3 years of research funding from Paris Saint-Germain and Polytechnique in Paris, such as a thesis or post-doctoral fellowship (worth €100,000 including tax).
- A prize awarded to the first five places: The five finalists will present their results to analysts from the best European clubs at the Striving for Excellence conference in the Parc des Princes. The finalists will receive extensive media coverage and signed jerseys will be given to them by the coach of Paris Saint-Germain (worth 85 euros each including VAT).
- An endowment allocated to the Participants ranked 6th to 11Th: Personalised and signed jerseys (with a unit value of 85 euros including VAT).
- An endowment awarded to the 50 best participants of the challenge: A ranking published on the social networks of Paris Saint-Germain.
- An endowment awarded to the best schools in the challenge: A ranking of the best schools published on the social networks of Paris Saint-Germain.
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 fulfil the conditions of Participation as provided in the Rules during their registration and/or at any time during the Challenge will be summarily disqualified from the Challenge without prior notice and will not be entitled to any prize. In the 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.
The Participant acknowledges and consents that Sponsor may, at an international level, 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 use, 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. The Sponsor agrees to cease using of the aforementioned elements in connection with the Participant at the end of the aforementioned period.
Sponsor has no obligation to keep the information contained in the Deliverables confidential. In general terms, when submitting any Deliverables, the Participants understand, agree and accept that any information contained therein may be publicly disclosed by the Sponsor.
If you are a prize winner, Sponsor may request that you execute a confidentiality/non-disclosure agreement for the purpose of entering into negotiations regarding the further development of your project, as described in your Deliverable. Such confidentiality/non-disclosure agreement will be directed to your Deliverable and all intellectual property that it may contain.
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.
- 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’ refers 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’ refers 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”).
General provisions. The Participants acknowledge and accept that their participation in the Challenge does not imply any transfer of intellectual property to it by the Organizing Companies, which remain the sole owners of all their trademarks and distinctive signs. Consequently, the Participants refrain from reproducing in any way whatsoever the trademarks and distinctive signs of the Organizing Companies. The Participants shall in particular take care not to create confusion in the minds of the public as to the existence of a relationship as an employee but also as a "partner", "supplier", "sponsor" or "sponsor" of the Organising Companies. In the event of failure to comply with these provisions, the Organising Companies reserve the right to disqualify a Participant in the Challenge under the conditions provided for in Article 12 and to assert their rights in any way they deem appropriate.
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 does 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).
Participant owner of Intellectual Property rights
By submitting a Deliverable and participating in this Challenge, you are not granting Sponsor any rights to any intellectual property supporting all of part of the Deliverable and Sponsor makes no claim to ownership of your Deliverable or any intellectual property that it may contain.
- 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.
- 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.
- 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.
Any Participant’s claims arising from the Challenge, should be addressed no later than thirty (30) days following the Challenge end date to Mathieu LACOME (firstname.lastname@example.org). 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.
- APPLICABLE LAW AND DISPUTES RESOLUTION
The Challenge and any action related thereto shall be governed by the French applicable 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 or any other jurisdiction.
(1) OPTA incorporated and registered in England and Wales with company number 52461807100012 whose registered office is at 91 Waterloo Road, United kingdom (the "Disclosing Party"); and
(2) the Participant (the "Recipient").
In this Agreement the Disclosing Party and the Recipient are each individually referred to as a "Party" and together as the "Parties".
Information relating to the Disclosing Party, which is confidential in nature, may be disclosed to the Recipient by the Disclosing Party in connection with the Recipient’s participation in the Event (as defined below) and upon such disclosure the Disclosing Party wishes to ensure that the Recipient maintains the confidentiality of such information. In consideration of the benefits to the Parties from disclosing and receiving such confidential information, the Parties have agreed to comply with the following provisions in connection with the use and disclosure of such information.
The definitions and rules of interpretation in this Clause apply in this Agreement:
"Affiliate" means in relation to a body corporate, any subsidiary, subsidiary undertaking or holding company of such body corporate, and any subsidiary or subsidiary undertaking of any such holding company for the time being as defined in section 1159 of the Companies Act 2006.
"Confidential Information" means all information, data and other materials (whether conveyed in writing, orally or by any other means, before or after this Agreement is dated and whether or not marked as confidential) disclosed or made available, directly or indirectly, by the Disclosing Party or its employees, officers, representatives or advisers to the Recipient that would be regarded as confidential by a person acting reasonably relating to:
(a) the business (including, but not limited to, any financial, marketing, commercial, strategic or technical information), affairs, players, management team, customers, clients, employees, suppliers, plans, intentions or market opportunities of the Disclosing Party or of any Affiliate of the Disclosing Party and the tactics, operations, processes, product information, data, know-how, designs, trade secrets or software of the Disclosing Party or of any of the Disclosing Party's Affiliates or commercial partners (including any Opta data provided for the Event);
(b) any information developed by the Parties in the course of carrying out this Agreement; and
(c) the existence and terms of this Agreement,
in each case, whether disclosed to the Recipient by the Disclosing Party or any of its Affiliates or otherwise obtained or learned by the Recipient before or after the date of this Agreement but not including any information that:
(a) is in or comes into the public domain in any way without breach of this Agreement by , or other fault of, the
(b) the Recipient can show: (a) was lawfully in his/her possession or known to him/her by being in his/her use or being in his/her files or computer or other recording media prior to receipt from the Disclosing Party and was not previously acquired by the Recipient from the Disclosing Party under an obligation of confidence (as can be demonstrated by the Recipient's written records or other reasonable evidence provided by the Recipient); or (b) to have been developed by or for the Recipient at any time independently of the information disclosed to it by the Disclosing Party; or
(c) the Recipient lawfully obtains or has available from a source other than the Disclosing Party without breach by the Recipient (as can be demonstrated by the Recipient's written records or other reasonable evidence provided
by the Recipient), or such source, of any obligation of confidentiality or non-use towards the Disclosing Party in relation to such information; or
(d) the Parties agree in writing is not confidential and can be disclosed to third parties free from any obligations of confidentiality.
"Purpose" means participation at the Sports Analytics Challenge.
1.1 Clause headings are for convenience only and shall not affect the interpretation of this Agreement and references to
Clauses are to the Clauses of this Agreement.
1.2 Words in the singular shall include words in the plural and vice versa and a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.3 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment, and includes any subordinate legislation for the time being in force made under it.
- OBLIGATIONS ON THE RECIPIENT
2.1 The Recipient undertakes to respect and preserve the confidentiality of the Confidential Information (including by taking reasonable measures to prevent the unauthorized use and disclosure of the Confidential Information and unauthorized persons from obtaining or using the Confidential Information) and, subject to Clause 2.2, shall not without the prior written consent of the Disclosing Party:
(a) communicate, disclose or otherwise make available, the Confidential Information to any third party; or
(b) use or exploit the Confidential Information for any commercial, industrial or other purpose whatsoever other than for the Purpose; or
(c) copy, adapt, or otherwise reproduce the Confidential Information, or make any notes or records of the
Confidential Information, save as strictly necessary for the achievement of the Purpose.
2.2 The Recipient may disclose Confidential Information only to the extent required by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction provided that, (i) to the extent it is legally permitted to do so, he/she gives the Disclosing Party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this Clause 2.2, he/she takes into account the reasonable requests of the Disclosing Party in relation to the content of such disclosure and (ii) such Confidential Information is disclosed only to the extent necessary.
- RETURN OF INFORMATION AND ANNOUNCEMENTS
3.1 At the request of the Disclosing Party, the Recipient shall promptly:
(a) return to the Disclosing Party all documents and materials (and any copies) containing, reflecting, incorporating, or based on Confidential Information;
(b) permanently delete all Confidential Information from his/her computer or other recording media to the extent reasonably possible; and
(c) certify in writing to the Disclosing Party that he/she has complied with the requirements of this Clause 3.1, provided that the Recipient may retain documents and materials containing, reflecting, incorporating, or based on the
Confidential Information to the extent strictly required by law or any applicable governmental or regulatory author ity,
and to the extent strictly necessary to permit the Recipient to keep evidence that he has performed his obligations under this Agreement. The provisions of this Agreement shall continue to apply to any such documents and materials retained by the Recipient, except that the Recipient shall not make any further use or disclosure of the Confidential Information.
3.2 If the Recipient develops or uses a product or a process which, in the reasonable opinion of the Disclosing Party, might have involved the use of any of the Confidential Information, the Recipient shall, at the written request of the Disclosing Party, supply to the Disclosing Party information reasonably necessary to establish that the Confidential Information has not been used or disclosed in order to develop or use that product or process.
3.3 The Recipient shall not make, or permit any person to make, any public announcement concerning this Agreement or the relationship between the Parties without the prior written consent of the Disclosing Party (such consent not to be unreasonably withheld or delayed), except as required by law or any governmental or regulatory authority or by any court or other authority of competent jurisdiction.
- INTELLECTUAL PROPERTY AND RESERVATION OF RIGHTS
4.1 The Disclosing Party reserves all rights in the Confidential Information. The Recipient acknowledges and agrees that, as between the Disclosing Party and the Recipient, the Confidential Information and any intellectual property rights pertaining thereto, are and shall remain the property of the Disclosing Party or its Affiliates or commercial partners as the case may be. No rights in respect of the Confidential Information are granted to the Recipient and no obligations are imposed on the Disclosing Party other than those expressly stated in this Agreement. In particular, nothing in this Agreement shall be construed or implied as obliging the Disclosing Party to disclose any specific type of information under this Agreement, whether Confidential Information or not.
4.2 Any intellectual property rights arising from the Recipient’s projects, concepts and innovations during the Event, are and shall remain the property of the Recipient (providing such intellectual property rights do not contain any or all of the Disclosing Party’s Confidential Information).
4.3 In the event the intellectual property arising pursuant to clause 4.2 contains any or all of the Disclosing Party’s Confidential Information, such intellectual property rights are and shall remain (as between the Disclosing Party and the Recipient) the property of the Disclosing Party. If the Recipient wishes to pursue any commercial development in respect of this intellectual property (the “Commercial Pursuit”), the Recipient may request a license from the Disclosing Party (such consent to be in the sole discretion of the Disclosing Party) and the Disclosing Party shall have a right of first refusal to collaborate with the Recipient in respect of such Commercial Pursuit.
4.4 Except as expressly stated in this Agreement, the Disclosing Party does not make any express or implied warranty or representation concerning the Confidential Information, or the accuracy or completeness of the Confidential Information.
4.5 The disclosure of the Confidential Information by the Disclosing Party shall not form any offer by, or representation or warranty on the part of, the Disclosing Party to enter into any further agreement with the Recipient.
4.6 Without prejudice to any other rights or remedies which the Disclosing Party may have, the Recipient acknowledges and agrees that damages would not be an adequate remedy for any breach by him/her of the provisions of this Agreement and the Disclosing Party shall be entitled to seek the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of any such provisions by the Recipient and no proof of special damages shall be necessary for the enforcement by the Disclosing Party of its rights hereunder.
5.1 The obligations under this Agreement shall continue indefinitely unless and until the parties have entered into a binding agreement with each other to the contrary.
5.2 This Agreement constitutes the whole agreement between the Parties. Each Party acknowledges that, in entering into this Agreement, it has not relied on and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement. Nothing in this Clause shall limit or exclude any liability for fraud or for fraudulent misrepresentation.
5.3 The Parties may terminate, rescind or vary this Agreement without the consent of any person who is not a party to this Agreement. For the avoidance of doubt, any termination, rescission or variation of this Agreement is not subject to the consent of any Affiliate of the Disclosing Party. No variation of this Agreement shall be effective unless it is in writing and signed by each of the Parties, or their authorised representatives.
5.4 No failure or delay by the Disclosing Party in exercising any of its rights under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise of such rights.
5.5 Nothing in this Agreement is intended to, or shall be deemed to establish any partnership or joint venture between the Parties, constitute any Party the agent of the other Party, nor authorise any Party to make or enter into any commitments for or on behalf of the other Party.
5.6 This Agreement is made for the benefit of the Parties to it and is not intended to benefit, or be enforceable by, anyone else, with the exception of the Disclosing Party’s Affiliates from time to time, and each Affiliate may enforce this Agreement as if they were the Disclosing Party and a party to this Agreement.
5.7 This Agreement and any dispute claim or non-contractual obligation arising out of or in connection with this Agreement, shall be governed by, and construed in accordance with, English law. Each Party hereby submits to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute, claim or matter arising out of or in connection with this Agreement.