RULES 3DCP challenge
VINCI, a French public limited company registered at the Nanterre Commercial and Companies Registry under the number 334 851 664, and its head office is at: 1 Cours Ferdinand de Lesseps 92851, Rueil Malmaison Cedex, France. Tel: +33 1 47 16 35 00.
(hereinafter referred to as the ‘Partner Organization’)
has decided to task
AGORIZE, a simplified joint-stock company (SAS) with capital of €71,146, registered with the Paris Trade and Companies Registry under number 530 774 439, having its registered offices at 34, rue du faubourg Saint-Antoine, Paris (75012), France,
(hereinafter referred to as the ‘Service Provider’)
with carrying out certain of its obligations as set out below regarding the organization of its « 3DCP challenge » challenge, which will take place from 12/03/2018 to 04/12/2019 via the website available at https://www.agorize.com/3dcp-challenge.
(hereinafter referred to as the ‘Challenge’).
In the execution of its duties, the Service Provider will act in the name of and on behalf of the Partner Organization.
The Partner Organization and the Service Provider are considered to be co-organizers of the Challenge,
ARTICLE 1: DEFINITIONS
‘Challenge’: refers to the competition governed by these Rules and organized by the Service Provider and the Partner Organization.
‘Competition Regulations and Terms & Conditions’ or ‘CRTCs’: refers to the terms and conditions of use of the Service Provider’s site, which are accepted by all individuals when opening an account on the platform and are available on the Service Provider’s platform.
‘Confidential Information’: refers to the information described in Article 13 of these Rules.
‘Deliverable 1’: refers to the Deliverable described in Article 5 and submitted at the end of the First Stage.
‘Deliverable 2’: refers to the Deliverable described in Article 5 and submitted at the end of the Second Stage.
‘Final Deliverable’: refers to the Deliverable described in Article 5 and submitted at the end of the Final Stage.
‘Final Jury’: refers to the jury responsible for deciding on the finalists’ Ranking.
‘Final Stage’: refers to the final stage of the Challenge as described in Article 5.
‘First Stage’: refers to the first stage of the Challenge as described in Article 5.
‘Jury 1’: refers to the jury responsible for selecting Participants at the end of the First Stage.
‘Jury 2’: refers to the jury responsible for selecting Participants at the end of the Second Stage.
‘Participant’: refers to any person registered on the Service Provider’s platform and who takes part in the Challenge in accordance with Article 4.
‘Participation’: refers to the act by any person of registering on the Service Provider’s platform and taking part in the Challenge in accordance with Article 4.
‘Prize’: refers to the prizes specifically stated in Article 8 and awarded to Winners at the end of the Challenge.
‘Project’: refers to the Team and all Deliverables that it provides.
‘Ranking’: refers to the Final Jury's ranking of the finalists at the end of the Final Stage.
‘Registration for the Challenge’: refers to an individual’s registration for the Challenge in accordance with Article 4.
‘Registration on the platform’: refers to an individual’s registration on the Service Provider’s platform in accordance with Article 4.
‘Rules’: refers to these Rules governing the Challenge.
‘Second Stage’: refers to the second stage of the Challenge as described in Article 5.
‘Team’: refers to the team of 1 to 4 people that participants must create or join on the platform to take part in the Challenge.
‘Winners’: refers to Participants involved in Projects that have gone through to the Final Stage of the Challenge and are ranked by the Final Jury.
2.1 The aim of these Rules is to set out in accordance with article L. 121-36 of the French Consumer Code the terms and conditions governing Participation in the Challenge organized by the Partner Organization in collaboration with the Service Provider. These Rules are intended to complement the Service Provider’s Competition Regulations and Terms & Conditions (CRTCs), which are available at https://www.agorize.com/en/challenges/3dcp-challenge/agreements?lang=en If there is a conflict between the provisions of the Rules and of the CRTCs, the Rules will prevail.
2.2 The Rules have been filed with SELARL 812 - HUISSIERS, huissiers de justice associés, 88 boulevard de la Reine, 78000 Versailles.
The Rules may also be freely consulted online via the Challenge website.
A copy of these Rules may be requested free of charge and the postage costs of the request reimbursed as set out in Article 16.
2.3 The Organizers reserve the right to amend at any time the provisions of these Rules, including the Challenge duration, with neither the enforceability nor the validity of these amendments dependent upon notifying Participants. Participants are encouraged to consult these Rules regularly. Participants expressly waive all claims or disputes related to any amendment made to these Rules by the Organizers.
2.4 Should one paragraph of these Rules be declared or judged illegal, unenforceable or void by a competent court, the paragraph in question will be considered to be null and void, but all other unaffected paragraphs will be enforced within the limits of the law.
3.1 The principle of the Challenge is for Participants to work in teams or individually to tackle the issue proposed by VINCI Construction described on the dedicated Challenge page at https://www.agorize.com/3dcp-challenge.
3.2 Any dates and times given in these Challenge Rules are to be interpreted as referring to the GMT +0 time zone.
3.3 The Participant confirms that they have been informed of and accept the fact that this Challenge relies on their insight, skill and ingenuity when tackling very difficult tasks. The Challenge is not in any way based on luck or chance, even partially, and therefore cannot be interpreted as or likened to a lottery.
3.4 The Challenge consists of Participants producing contributions taking the form of three (3) Deliverables in accordance with the provisions of Article 5, over three successive stages.
These Deliverables must address the issue set out in the Challenge and follow its rules as described on the dedicated Challenge page at https://www.agorize.com/3dcp-challenge. These Deliverables must be written in English or French, and no other language will be accepted.
Contributions must be exclusively and restrictively formed of three Deliverables:
- Deliverable 1 as described in Article 5 and submitted in accordance with its provisions;
- Deliverable 2 as described in Article 5 and submitted in accordance with its provisions;
- the Final Deliverable as described in Article 5 and submitted in accordance with its provisions.
The Organizers will not accept or take into account any other document submitted by Participants.
4.1 To take part in the Challenge, an individual must first register on the Service Provider’s platform and register for the Challenge.
4.2 Registration for and Participation in the Challenge are entirely free, with no purchase obligation, and the costs of Participation can be reimbursed under the conditions set out in Article 16.
4.3 The Challenge is accessible 24 hours a day on the Challenge site, published by the Service Provider at https://www.agorize.com/3dcp-challenge except during any potential maintenance work on the Service Provider’s servers or in the event of faults as described in Article 12.
4.4 Any Participant who does not fulfil the conditions of this Article during their Registration and/or at any time during the Challenge will be summarily disqualified from the Challenge without prior notice and will not receive 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, the Organizers reserve the right to require the Participant to return the awarded Prize.
4.5. Registration on the Service Provider’s platform
To register for the Challenge, the individual must first open, if they have not already done so, a user account on the Service Provider’s platform, stating:
- Their forename;
- Their surname;
- A valid email address;
- A password;
- That he or she accepts “the terms and conditions of use and the confidentiality policy”;
- Their date of birth;
- Their gender;
- Their country of residence;
- Their nationality;
- Their profile: student or young graduate, if they have created or will create a startup, if they are neither a student nor a startup.
Depending on the profile selected by the individual, they must provide the following information:
- Telephone number (optional)
- Start and end date
- If they are a developer or designer
A confirmation email containing an activation link will be sent to the individual at the email address given.
Once the account has been activated, the remaining information can be filled in freely via the account settings in the Participant’s profile.
4.6 Methods of registration for the Challenge
Registration is open from 12/03/18 to 02/10/19.
4.7 Methods of participation in the Challenge
4.7.1 To take part, the Participant must
form or join a Team of 1 to 4 people.
Each Participant can take part in several Projects during the Challenge.
4.7.3 To confirm their Participation in the Challenge, the Participant must tick the box to indicate that they have read and accepted the Challenge Regulations.
4.7.4 Registrations and Participation based on inaccurate or incomplete information will not be accepted and will result in the Participant’s disqualification.
4.7.5 By Participating in the Challenge, Participants agree to be contacted by email by the Organizers regarding their Participation in the Challenge. They also agree to be contacted by telephone if they are among the selected Participants or the Winners.
4.8 Eligibility for the Challenge
4.8.1 Participation in the Challenge, and as such, the awarding of Prizes, is limited
to individuals meeting all of the following conditions:
- being a current student registered at a higher education institution or a young graduate of a higher education institution who graduated within three (3) years of the current school year (2018-2019) and being able to prove this with a student card;
- being a legal adult (and being able to prove this via identity documents) or, in the event that the person is a minor, providing permission from their parent or guardian via the parental permission form, duly completed and signed.
4.8.2 Employees (excluding interns) of the Service Provider or of the Partner Organization and members of their immediate family cannot take part in the Challenge.
At the time of registration, Participants must certify that they fulfil the aforementioned criteria. The delivery of the Prize to the Winner will be conditional upon the Participant’s ability to justify their compliance with the aforementioned conditions.
5.1 First Stage
5.1.1 The First Stage runs from 12/03/18 10:00am (gmt+1) to 02/10/19 11h:59pm (gmt+1).
5.1.2 Within this period, and at the latest 02/10/19 11h:59pm (gmt+1), Participants must upload to the platform their Deliverable 1 that meets the specifications given on the Challenge site, formed of:
- 3D model of their concept(in .ifc, .3dm or .step format)
- 5-slide presentation(in PDF format)
5.2 Voting stage 1
5.2.1 The vote by Jury 1 runs from 02/11/19 to 02/15/19
5.2.2 During this voting stage, based on Deliverable 1, Jury 1 will choose the 8 Projects that will go through to the Second Stage in accordance with Article 7.
5.3 Second Stage
5.3.1 The Second Stage runs from 02/18/19 10:00am (gmt+1) to 03/24/19 11:59pm (gmt+1).
5.3.2 Only the 8 (maximum) Projects selected at the end of the First Stage can take part in the Second Stage.
5.3.3 Within this period, and at the latest by the 03/17/19 11:59pm, Participants must upload to the platform their Deliverable 2 that meets the specifications given on the Challenge site, formed of:
- A revised 3D model of their concept(in .ifc, .3dm or .step format)
- 15-slide presentation(in PDF format)
5.4 Voting stage 2
5.4.1 The vote by Jury 2 runs 03/25/19 to 03/29/19.
5.4.2 During this voting stage, based on Deliverable 2, Jury 2 will choose the 5 Projects that will go through to the Final in accordance with Article 7.
5.5 Final stage
5.5.1 Only the 5 (maximum) Projects selected at the end of the Second Stage can take part in the Final.
5.5.2 The Final will take place on 04/12/19. The 5 teams will be required to present their Final Deliverable.
5.5.3 The Final Deliverable will be formed of:
An oral presentation of the concept in 5 minutes with presentation material.
5.6 Vote by the Final Jury
5.6.1 The Final Jury will determine the Ranking of the 5 Projects taking part in the Final Stage based on the Final Deliverable in accordance with Article 7.
6.1 The Deliverables must comply with the rules and instructions set out and made available by the Partner Organization on the dedicated Challenge page at https://www.agorize.com/3dcp-challenge
6.2 These Deliverables must be provided in a common digital format such as DOC/DOCX/PDF/PPT/PPTX/KEY/ODT/MP3/MPEG/MOV/MP4 and be written in English or French.
6.3 In the event that opening and reading the Deliverable proves problematic or impossible, it is the responsibility of the Participants in question to remedy the situation before that Stage's deadline for submitting Deliverables. Beyond this time, the Project in question will be disqualified from the Challenge.
6.4 Participants warrant that the Deliverables are formed exclusively of contributions from members of their Project, or if they have used content from a third party, they warrant that they have attributed credit to the author or creator. The existence of uncredited third-party contributions will result in the disqualification of all Participants from the Project in question.
7.1 Overview of the selection process
7.1.1 The Challenge includes 3 selection processes:
- A Selection process organized at the end of the First Stage.
- A Selection process organized at the end of the Second Stage.
At the end of these selection processes, the Final Jury is responsible for Ranking the Finalists.
7.1.2 These 3 selections and the Ranking are based on the criteria listed below:
- Relevance, with a coefficient of 1
- Originality of the proposal, with a coefficient of 1
- Feasibility, with a coefficient of 1
In no case are any elements linked to Participants’ identity, appearance, political, religious or trade union opinions, or sexual orientation taken into consideration. The selection processes and the Ranking are in no way, directly or indirectly, a matter of luck or chance.
7.2 Jury members
7.2.1 Jury 1, who are appropriately qualified to choose from the Deliverables submitted by Participants, will be responsible at the end of the First Stage for choosing up to 8 Projects from those participating based on their Deliverable 1.
7.2.2 Jury 2, who are appropriately qualified to choose from the Deliverables submitted by Participants, will be responsible at the end of the Second Stage for choosing 5 finalist Projects based on their Deliverable 2.
7.2.3 The Final Jury, who are appropriately qualified to choose from the Deliverables submitted by Participants, will be responsible at the end of the Final Stage for ranking the 5 finalist Projects based on their Final Deliverable and choosing the 3 winning Projects, i.e. the 3 Projects that finish top of the Ranking.
7.3 Informing Participants of the results of each Stage
7.3.1 The Service Provider will send an email to the address entered at the time of creating an account on the Challenge site and/or a notification via their participation area on their Agorize.com account to inform all Participants of the results of the First Stage by 02/18/19 at the latest and of the results of the Second Stage by 04/01/19 at the latest. The Organizers will be free to alter the dates on which results are released should this become necessary due to the number of Projects to be assessed.
7.3.2 All Participants selected following each stage and all finalists must respond to the email sent by the Service Provider announcing that their Project has been selected before the deadline stated in the message. If no reply is received within this period, the Organizers reserve the right to disqualify that Participant’s Project.
7.3.3 The Ranking decided on by the Final Jury will be announced on the day that presentations are made.
8.1 The Prizes covered in this Article are awarded in return for:
- Submitting the required Deliverables described in Article 5 and a Final Deliverable whose quality is recognized by the Final Jury as worthy of a Prize.
- Each Winner accepting and complying with the provisions of Article 10 of the Rules regarding intellectual property.
- Each Winner accepting and complying with the provisions of Article 9 of the Rules regarding the quoting of Winners.
- Each Winner accepting and complying with the rules set out within these Rules.
- Each Winner providing proof that they fulfil the conditions set out in Article 4.
No Prize will be awarded to Winners who do not fulfil these five prerequisites.
8.2 Only the Winners involved in the top 3 Projects as ranked by the Final Jury at the end of the Final Stage will be awarded a Prize.
8.3 A Participant will not be considered a Winner and will not receive any Award unless the Participant is part of the Team behind the Winning Project on the https://www.agorize.com/3dcp-challenge website before the end of the First Stage.
8.4 Each Participant recognizes and accepts that the awarding of Prizes cannot be contested in any way and that no requests for the monetary equivalent of, replacement of or exchange of Prizes for another Prize will be entertained for any reason.
8.5 In the event that the Prize as initially planned and stated is unavailable, the Partner Organization will be free to substitute another Prize of similar value of the same brand or of a different brand or to award the equivalent value in cash. Any such decision is at the sole discretion of the Partner Organization.
8.6 Each Participant recognizes and accepts that the Partner Organization will not in any case be held liable for faults with the Prize or any harmful consequences incurred by the Winner or any other party as a result of the Prize.
8.7 Each Participant recognizes and accepts that the Organizers’ obligation is limited to providing the Prizes awarded to the Winners. As a result, all additional costs linked to these Prizes or general costs linked to the taking possession of the Prizes will be borne by Winners, except where provision is expressly made otherwise in these Rules. As such, no reimbursement or payment will be due in this regard.
8.8 Within a maximum of 15 days following the day on which the Final Jury determines the Ranking, the Service Provider will inform the Winners of their Prizes by sending an email to the address given when they opened their account on the Agorize platform. Participants agree to comply with all instructions given in the email. Should a Winner fail to take possession of their Prize for reasons beyond the control of the Partner Organization within two (2) months of receiving the email, the Partner Organization reserves the right to declare that the Prize will not be awarded to the Winner.
8.9 The 3 Winners from the 5 Projects will be awarded the following Prizes based on the ranking of their Project. The Project ranked first is ranked highest and the Project ranked in position number 1 is ranked lowest out of the 3 finalist Projects as ranked by the Final Jury:
Prize awarded to the Project ranked first
A trip to Dubai for each team member worth €1,000. Includes a round-trip flight (dates of your choice) and 2 nights in a hotel.
Prize awarded to the Project ranked second
One Parrot drone per team member worth €549.
Prize awarded to the Project ranked third
One Apple connected watch per team member worth €429.
Each Participant applying to take part grants the Organizers the royalty-free right to reproduce their forename and surname, the Project name used during their Participation in the Challenge, their Twitter handle, city and region of residence, the name of the institution at which they are studying or from which they graduated, and their image for a maximum period of 2 years in the Organizers’ communication documents linked to the Challenge, including but not limited to: screens on internal and external sites, email newsletters/signatures, press releases, posters/banners at events, and the Organizers’ Facebook and Twitter pages.
10.2. Any Deliverables and outcomes produced by any team and that are linked to the Project, whether or not they are patentable, including software and prototype(s), will be the exclusive property of the Partner Organization or one of its affiliate companies, which will have exclusive and free use of the Deliverables and outcomes and which may choose to proceed to file patents and/or register designs.
11.1 The Partner Organization reserves the absolute right to cancel or suspend the Challenge in the event of:
- Force majeure;
- Fraud of any kind;
11.2 The Organizers will not be held liable for the cancellation or suspension of the Challenge in accordance with this Article and no compensation or remuneration will be due to the Participant.
12.1 The Organizers 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 or any other website that facilitates participation in the Challenge.
12.2 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 Organizers will not be held liable in any way for any damage incurred by Participants arising from these characteristics, limits and risks, which Participants accept.
12.3 The Organizers will not in any case be held liable for damages resulting from faults with or delays in the submission of Deliverables, 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 sent as part of the Challenge, or from any alterations made to the Deliverables independently of the Organizers.
The Organizers will not be held liable in the event of the total or partial modification, suspension, interruption, postponement or cancellation of the Challenge for reasons beyond their control. Should such a situation arise, the Service Provider will inform Participants as soon as possible via a statement on the Challenge website.
12.4 The Organizers will not be held liable for the consequences of a Participant’s disqualification from the Challenge as a result of their violation of the Rules.
12.5 The Service Provider will not be held liable for any disruption, action, complaint, objection or claim that is linked to the Partner Organization’s use of the Deliverables in a way not specified in the Rules or that is linked to the negotiation, conclusion or implementation of contracts that the Partner Organization may sign with Participants in which the Service Provider is not directly involved.
12.6 In no case will the Organizers be held liable for delays in the sending out of Prizes or in the event that a Winner cannot make use of their Prize due to circumstances beyond the Organizers’ control. The Organizers will not be held liable in the event of loss of and/or damage to the Prize by the postal service or any other similar service provider and more generally if the Winner does not receive his or her Prize. The Organizers will not be held liable in the event of incidents or damage of any kind that may arise from the enjoyment of the prize awarded and/or result from its use.
13.1 ‘Confidential Information’ within the meaning of this provision refers to all information of any kind, including administrative, business, scientific, technical, financial, tax, legal or economic information, whether tangible or intangible, that has been, is or will be made available to the Participant by the Partner Organization, directly or indirectly, via means including but not limited to orally or in writing, regardless of the format, including paper and/or electronic documents.
The following does not constitute Confidential Information:
- Information currently accessible or that becomes so to the public without breach of these Rules by the Participant,
- Information legally held by the Participant before its disclosure by the Partner Organization,
- Information that does not directly or indirectly result from the use of all or part of the Confidential Information,
- Information legitimately obtained from a third party who is authorized to share or disclose the said information.
13.2 The Participant agrees for the duration of the Challenge and for a period of five (5) years after the end of the Challenge as stated in Article 5:
- Not to use the Confidential Information for purposes other than participation in the Challenge in accordance with these Rules;
- To take all necessary, practical and reasonable precautions to protect the Confidential Information;
- Not to disclose the Confidential Information to anyone via any means, excluding the other members of their Project.
13.3 The Organizers may communicate all or part of a piece of Participants’ Confidential Information to all of their subsidiaries with the meaning of Article L. 233-1 of the French Code of Commerce or to a service provider acting on their behalf or on behalf of their subsidiaries.
13.4 When the Challenge comes to an end as a result of the end date stated in Article 5 having been reached or the cancellation of the Challenge, the Participant must immediately return to the Partner Organization all Confidential Information, regardless of its format, obtained during the Challenge. The Participant agrees not to retain a copy of any kind without the express prior written consent of the Partner Organization.
14.1 To take part in the Challenge, Participants must make available the personal data set out in Article 4.
14.2 This data may be amended by the Participant at any time.
14.3 The data covered by this Article is subject to automatic processing in the sense of French law no. 78-17 of 6 January 1978. The Service Provider and potentially the Partner Organization are the only parties to determine the means and purposes of this data processing and they are therefore the data controller in the sense of the aforementioned law.
The information is processed in order to:
- Organize intermediation between the Participant and the Partner Organization;
- Address needs stemming from the organization of the Challenge, and identify, communicate with and store interactions with the Participant;
- Carry out anonymous market surveys, performed either by the Service Provider or a third party.
14.4 The recipients of this data are the Service Provider and the Partner Organization.
14.5 In accordance with the provisions of French law no. 78-17 of 6 January 1978, the Participant is informed that the processing of personal data performed by the Service Provider has been declared to the French Commission Nationale de l’Informatique et des Libertés (the French data protection authority), registered under number 1856312v0.
As such, the Service Provider is required to protect all personal data regarding those concerned; said data is collected and processed by the Service Provider in the strictest confidentiality in accordance with the law of 6 January 1978.
14.6 In accordance with the provisions of articles 38, 39 and 40 of French law no. 78-17 of 6 January 1978, Participants have the right at any time to:
- Object to the collection and processing of their personal data by the Service Provider;
- Object to the disclosure of this data to third parties;
- Access all of their personal data that is processed by the Service Provider;
- Correct, update and remove their personal data that is processed by the Service Provider.
To exercise their rights as set out in French law no. 78-17 of 6 January 1978, the Participant must send a registered letter with acknowledgement of receipt, clearly stating their identity and the subject of their request, to the relevant data controller, in this case:
34 rue du Faubourg Saint Antoine
75012 PARIS, France
For the avoidance of doubt, it is noted that the Service Provider cannot be held liable for the Partner Organization’s use of personal data, and the Partner Organization cannot be held liable for the Service Provider’s use of personal data.
14.7 Regarding the potential installation of cookies on Participants’ computers when browsing the Service Provider’s site, Participants are encouraged to consult the Competition Regulations and Terms & Conditions available on the Service Provider's website, which they must accept prior to creating the account required to take part in the Challenge.
15.1 Any complaints from Participants must be made in writing within 30 days of the Challenge closing date.
15.2 Complaints regarding the functioning of the Challenge website, the Challenge itself and the delivery of Prizes must be sent in writing to the following address:
34 rue du Faubourg Saint Antoine
75012 PARIS, France
15.3 In order to be accepted, all complaints must include:
- The Participant’s complete contact details (forename, surname, address, postcode, city and email address);
- The name of the Challenge in question;
- A clear and detailed explanation of the reasons for the complaint.
16.1 Participants can request the reimbursement of the postage costs incurred as a result of their reimbursement request and/or for any written request for the Rules (based on the current regular rate for a 20g letter).
16.2 Any request for reimbursement must be sent in writing by post before 04/12/19 (as per the postmark) to the following address:
34 rue du Faubourg Saint Antoine
75012 PARIS, France
Requests for reimbursement cannot be made by telephone or email.
16.3 Requests for reimbursement will be rejected if they do not include the following elements:
- The Participant’s complete contact details (forename, surname, address, postcode, city, Agorize username and email address);
- Bank account identification details;
- If applicable, a specific request for a copy of the Rules and for reimbursement of the postage costs used at the aforementioned rate.
16.4 Any request for reimbursement that is late, incomplete or inaccurate will be refused.
Each Participant may only make a single request for reimbursement.
16.5 The reimbursement will be made by bank transfer to the account stated in the request, after the validity of the request has been verified and within a timeframe that is at the Organizers’ absolute discretion.
Registration for and participation in this Challenge in no way establishes a subordinate relationship between the Organizers and the Participant.
The Rules and the Challenge are governed by French law.