Club Med Lab

 (the “Challenge”)

CHALLENGE RULES

(the “Rules”)

This Challenge is sponsored by Club Med, 8 avenue Tony Garnier 69007 Lyon (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.

 

The Challenge begins on Friday, November 25, 2022 at 2pm UTC+1 and ends in April.

2. Agreeing to the rules

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

• 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 before Thursday, January 26, 2023 - 2pm included.

To register, the Participant must first have created a user account on the Challenge website, and must have truthfully and accurately completed required information, such as full name, email address, etc.

Any registration based on inaccurate, false or incomplete information will result in the Participant’s disqualification. Refusing collection, recording and use of their personal data that is strictly necessary to performing the Challenge will result in the Participant’s disqualification. The participant is solely responsible for the information he/she provides while its registration. Any intentional or non-intentional mistake, anomaly or inconsistency, regarding this information, may result in the Participant’s disqualification. Sponsor reserves the right to proceed all necessary verifications regarding the Participant’s identity, postal and/or email address.

Deletion of a Participant’s user account on the Challenge website will be deemed as a withdrawal from the Challenge. In this case, the Participant, regardless of whether the deletion results from the Participant’s personal act or not, will not participate in the Challenge, and will not obtain any compensation.

You must also have accepted the Rules as well as the Terms and Conditions of Use and the Privacy Policy, during the creation of your user account and your registration to the Challenge.

Registration for and participation in the Challenge is free, with no purchase or payment obligation. 

 

4. Eligibility

 

• A student in a major course of study in COOKING.

• A young professional trained in COOKING who obtained his/her diploma* maximum 1 year ago and who can justify this condition by his/her diploma as well as the date on which he/she was awarded.
  
  

5. Purpose of the challenge and participation 

 Participation in the Challenge must be as a team.

• Teams. Individual participants may choose to form a team (the "Team") of 2 to 3 people. Each Team member must agree to the Rules, by clicking online via the Agorize interface. The Organizing Company may disqualify a Team (and all of its members) in the event that any member has not accepted or complied with the obligations under the 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 French 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 exclusively includes contributions from a Team.
• Otherwise, if any 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 

• The first selection stage: from Tuesday, November 29, 2022, 2pm to Thursday, January 26, 2023, 2pm.

• Deliverable. If a Participant does not upload a Deliverable on the Challenge website before the deadline, this will be considered as a withdrawal from the Challenge. The Participant may not join the Challenge, and may not obtain any compensation from the Sponsor.

• Selection Criteria. Deliverables will be judged according to the Selection Criteria, described below. You agree and acknowledge that the Challenge relies on your creativity, capacity, ability, and ingenuity to solve difficult problems. The Challenge does not depend, even partially, on chance or luck, and therefore should not be considered as a lottery. Under no circumstances are factors such as appearance, religion, membership in a trade union, political opinions or sexual orientation considered.

• Notification to Participants. Once the selection has been completed, Participants will be notified by email, phone, or by other means, at Sponsor’s discretion, of the results of each Round. The Sponsor will be free to alter the dates on which results are released should this become necessary due to the number of projects to be assessed.  The ranking decided by the final jury will be announced on the day that presentations are made and will identify the Participants that are finalists.

A. Round One

All Round One Deliverables must be received by Sponsor on or before Saturday, January 26, 2023, 2pm. Deliverables must meet the specifications set out in Section 6, above, and include:

• A one-slide moodboard with photos and texts explaining the project's trends.
• A presentation of each Participant, in French or English, based on the questionnaire to be filled in the participation space, which is accessible online via the user account

• Voting by criteria

Voting by criteria will take place from January 26 to February 6, 2023.

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

• Originality
• Relevancy
• Feasibility
• Clarity 

Except as otherwise provided below, the 20 Participants with the highest score at the end of this vote will win this vote and proceed to the next round.

 

B. Round Two

All Round Two Deliverables must be received by Sponsor on or before Tuesday, March 7, 2023, 2pm. Round Two Deliverables must meet the specifications set out in Section 6, above, and include:

• A video presentation, in French or in English, of maximum 3 minutes of the team and their project in more details.

• Voting by criteria

The Vote by Criteria will take place on March 7 and 14, 2023.

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

• Innovation: How innovative is the solution accordance to Club Med offer? Are there other solutions available and if so, how does this differentiate from them?
• Relevancy: How well does the Deliverable respond to the specific need set out in the Brief?
• Feasibility: How feasible is the solution to put into practice? Does the solution make sense financially? Will the solution be sustainable over the long term?
• Impact RSE
• Methodology : video, strength of conviction and persuasiveness

Except as provided below, the (4) Participating Teams with the highest scores at the end of the voting stage win that vote and automatically advance to the next stage of the selection.

 

Like voting

The "like" voting will take place from Tuesday, March 7, 2pm to Tuesday, March 14, 2023, 2pm. 

The voters (members of the general public) (the “Voters”) may evaluate a Deliverable and participate in a vote by “liking” the Deliverable. Voters are permitted to cast a single like vote. 

Except as otherwise provided below, the 1 Participant with the highest number of “likes” at the end of the selection will win this vote and proceed to the next round. This selection will be made amongst the 26 teams remaining after the selection made by the Sponsors.

Any attempt to cheat, use fake profiles, use third-party applications that enable false voting linked to cheating, or engage in duplicate voting of which the Sponsor becomes aware will result in the disqualification of the project that received these votes, and in the disqualification of this project’s Participants, who will not receive any prize or award. The Sponsor’s decision regarding disqualification is final and its decision may not be contested by Participants involved in the project in question or by any other Participant.

Participants will be notified of the results of the second selection stage on Tuesday, March 14, 2023, 3pm. 

 

C. Final Round

Participants who have been selected to participate in the Final Round will be directly notified by the Sponsor. In the event a Participant does not answer after the Sponsor has tried to contact him/her by email and by phone, the Sponsor reserves the right, at its sole discretion, to disqualify this Participant. This disqualification shall not entitle the Participant to claim any kind of compensation from the Sponsor.

The Final Round consists of an oral presentation of the selected projects by the Participants. Participants are not required to upload a Deliverable to the Challenge website before the Final Round.

However, Participants must prepare a Deliverable which meets the specifications set out in Section 6 and which include: 

• Final presentation: open

Any support will be accepted.

The presentation, in French or English, will last for 20 minutes and will include:

• A 10 minutes pitch
• 10 minutes of Q&A 

Participants will be judged on the following criteria:

• Originality of the presentation
• Quality of the pitch
• Innovation
• Feasibility
• Relevancy 

At the end of the Final Round, the jury will choose the winning projects and will rank the finalists.

If you are unable to attend the final in person, it will be possible to arrange a live presentation in digital format. The time zone will be the time zone of the place defined for the final. 

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 fulfill 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: 

• A prize awarded to the first place: a Club Med vacation for the winning team and a companion of their choice per person, 7 nights (excluding transportation, excluding school vacations, subject to availability on the dates requested).

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 assumption that a prize is awarded to a Participant who does not meet the conditions of Participation when registering or throughout the duration of the Challenge, Sponsor reserves the right to require the Participant to return the awarded prize. 

 

9. Communication 

The Participant acknowledges and consents that Sponsor may, throughout the world and for the duration of the Challenge and for a period of two (2) years 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 unknown to date, free of charge or for a consideration.

In particular, you consent the using, by Sponsor, of your name and surname, your city and region of residence, the name of the institution in which you studied or in which you obtained your diplomas and other biographical information, your image , the information regarding the Prize (if you are a winner), and any other personal data that you submit with your Deliverables as well as the content of your Deliverables relating to the Challenge.

As an example, each Participant authorizes the Sponsor using the photographs taken during the Final to disseminate them via any communication medium. 

Such use does not entitle the winner to any other payment than the Prize he/she received. The Sponsor agrees to cease using the aforementioned elements in connection with the Participant at the end of the aforementioned period. 

 

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 a component of the Deliverable and the Deliverable itself for a period of one (1) year following the Final Round of the Challenge.                                                                            

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

This licence shall include the right to reproduce (wholly or in part), display (wholly or in part), analyse, adapt, modify, disseminate, translate and use (including commercial use) any elements which are part of the Creations, as well as any Previous Rights which reveals necessary for the appropriate enjoyment of the described licence.

 

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 Organizing Body shall not be held responsible for any disruptions, both on the Internet network or access difficulties related to a large number of connected or Participants

The Organizing Body shall not be held liable for any facts or damages that are not directly or indirectly attributable to it, in particular those resulting from errors or delays in the submission of the Deliverables by the Participants, including the refusal to accept these Deliverables because of their submission outside the scheduled dates, damage resulting from errors or delays in sending e-mails by the Participant in the context of the Challenge, as well as damage resulting from any alteration made to the Deliverables beyond the control of the organizing Company, or from a case of force majeure likely to disrupt, modify or cancel the Challenge.

The organizing Company shall not be held liable for any incident that may occur in connection with the services provided under the terms of the prizes, any liability in this regard falling on the third-party company or companies with which the winners contract directly.

The Organizing Body shall in no case be held responsible for the consequences of the disqualification of a Participant due to the latter's violation of the Rules.

 

14. Personnal 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. Claims

Any Participant’s claims arising from the Challenge should be addressed no later than thirty (30) days following the Challenge end date to partners@clubmed.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.

 

16. Applicable law and disputes resolution 

The Challenge and any action related thereto shall be governed by the law applicable French.

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.

 

17. Legal deposit 

The regulations are filed via www.reglement.net, at SELARL 812 - HUISSIERS, associate bailiffs, 88 boulevard de la Reine, 78000 Versailles. The regulations may be amended at any time in the form of an amendment by the organiser, in compliance with the conditions set out, and published by online advertisement on the website.

The amendment is registered with the SELARL judicial officers associated with the depository of the regulation before its publication. It shall come into force as from the date it is put online and any Participant shall be deemed to have accepted it simply by virtue of his participation in the Game, as from the date on which the amendment comes into force. Any Participant who refuses the modification(s) must stop participating in the Game. The rules are sent free of charge to any person by sending a written request by post before the closing date of the game to the following address: AGORIZE - 15, rue Béranger - 75003 PARIS.

The full rules can also be viewed online on the game website. The postal charges necessary to obtain the payment will be refunded on simple request on the basis of the slow "letter" rate in force.