RTE SMART INNOVATION CHALLENGE
RTE Réseau de transport d’électricité, a public limited company with a board of directors and a supervisory board with a capital of 2 132 285 690 Euros, registered on the Nanterre trade and business register under the number 444 619 258, having its head office located at Tour Initiale – 1, Terrasse Bellini – TSA 41 000 – 92919 PARIS LA DEFENSE CEDEX.,
(hereinafter referred to as the “Partner company”),
(hereinafter jointly referred to as the “Group of Partner companies”),
has decided to entrust
Agorize, a French Simplified Joint Stock Company (Société par Actions Simplifiée,or SAS) with a share capital of 71,146 Euros, registered within the Commercial and Companies Register of Paris under number 530 774 439, and has its registered office at 34 rue du Faubourg-Saint-Antoine 75012 Paris,
(hereinafter referred to as the “Service Provider”),
with the organization of a Challenge as set out below; the Challenge shall take place from September 7th, 2017 to January 31st, 2018 via the website available at https://www.agorize.com/rte-smart-innovation,
(hereinafter referred to as the “Challenge”).
The rights and obligations that apply to the Group of Partner companies as set out in these Rules apply individually and separately to each such Partner company.
The Service Provider shall act in the name and on behalf of the Partner Company as part of their assignment.
The Partner Company and the Service Provider shall be considered as the joint organizers of the Challenge
(hereinafter jointly referred to as the “Organizers”).
Open innovation by young innovative companies, small and medium-sized businesses and micro-businesses (hereinafter referred to as 'Companies') and the voluntary sector is a recognized vector for the acceleration and transformation of large companies.
RTE Smart Innovation Challenges is an extension of the RTE - Smart Grid 2015 Challenge, which resulted in the selection of four solutions put forward by participants on the theme of sensors and monitoring, and these solutions are currently being tested on the RTE grid.
This Challenge also falls within the RTE company project's aims of innovation and openness.
The theme of this edition is the environment and corporate social and environmental responsibility.
The innovative solutions submitted by participants as part of the challenge should fall within one of the following themes:
1. How can site waste management be improved?
2. Consultations and local outreach
3. Creating value from by-products
4. New uses for infrastructure
5. Noise reduction
6. Protecting bird life
Article 1 DEFINITIONS
“Award”: refers to the prizes awarded to the Winners at the end of the Challenge.
“Application File”: refers to the information made available and the deliverables uploaded by Participants to the Service Provider's website as part of the challenge in accordance with articles 4, 6 and 7 of these Rules.
“Brief”: refers to the specifications determined by the Partner Company, which may include the deadlines, the awards, the guidelines and themes to be complied with by all Participants contributions.
“Challenge”: refers to the challenge that is the subject of the Rules, as organized by the Organizers.
“Companies”: refers to innovative young companies (IYCs), small and medium enterprises (SMEs) and micro-businesses eligible to take part in the Challenge in accordance with article 3.
“Confidential Information”: refers to the information set out in Article 17.
“Final Deliverable”: refers to the deliverable described in these Rules, which is submitted at the end of the Selection stage.
“Final Jury”: refers to the jury responsible for ranking the finalists.
“Participant”: refers to any person registered in accordance with Article 4 who takes part in the Challenge.
“Pre-Selection Committee”: refers to the jury responsible for Pre-Selecting Participants.
“Pre-selection deliverable”: refers to the deliverable described in Article 7, which is submitted during the Pre-Selection.
“Pre-selection”: refers to the first stage of the Challenge, as described in Article 7.
“Project”: refers to all Deliverables submitted by the Team or the Companies and the Participant.
“Ranking”: refers to the attribution of an Award per theme by the Final Jury at the end of Selection.
“Registration”: refers to the registration of a Challenge Participant in accordance with the Article 4.
“Rules”: refers to these rules, which apply to the Challenge.
“Selection”: refers to the second stage of the Challenge in Article 8.
“Selection Jury”: refers to the jury responsible for selecting the Participants during the Selection.
“Team » : refers to the team of 2 to 5 students or member of Organizations or artists or architects or designers and max number of participants per team Participants have to create of join on the platform in order to take part in the Challenge.
“Winners”: refers to Participants involved in Projects that gain access to the final stage of the Challenge and are ranked by the Final Jury.
Article 2 PURPOSE OF THE RULES
2.1. Rules are intended to define, according to article L. 121-20 of the French Code de la Consummation, terms and rules of participation in the Challenge organized by the Partner Company in association with the Service provider. Rules are destined to complete the Competition Rules, Terms and Conditions of the Service provider, which can be downloaded through the following link: <https://www.agorize.com/en/terms> In the event of inconsistency between these terms and regulations and those of the CRTC, those Rules will prevail.
2.2. The Participant acknowledges being aware of, and agrees to the fact that the proposed Challenge calls on his/her wisdom, skill, and ingenuity during extremely difficult trials. The Challenge shall not depend, even partially, on chance and luck under any circumstances, and can therefore not be considered as, or resemble a lottery.
Article 3 CONDITIONS FOR ENTERING THE CHALLENGE
3.1. Participation in this Challenge is free and without purchase obligation and can be subject to a reimbursement of participating costs.
3.2. The Participant must read these Rules, and fully accept their terms in their entirety without reservation before its Registration and participation in the Challenge.
3.3. Participation to the Challenge is under the conditions of
• Being any natural adult person, currently enrolled in higher education or anyone graduated from an institution of higher education of the territory two years ago or less and able to justify it with a student card.
• being any person on legal age and able to justify it with an Identification card
• being a 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 following form: parental permission form, to be completed and signed.
for IYCs, SMEs and micro-businesses:
• Being registered in the trade register of the country in which their registered offices are located or an equivalent document stating their registration in a trade register, and
• Being able to provide a registration certificate issued in the last three months;
• Having a current professional insurance policy in place;
• Stating that they comply with the corporate and tax legislation to which they are subject.
for all individuals, meeting all of the following conditions:
• 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 following form: parental permission form, to be completed and signed;
• Being an artist who is a:
o Creator of graphic and plastic works;
o Creator of photographic works;
o Creator of cinematographic, audiovisual or multimedia works.
for architects, landscapers, urban developers and designers:
• Being able to justify their status through membership of a professional body or through a qualification and/or professional experience;
• Having a current professional insurance policy in place.
for non-profit organizations:
• Being able to provide a certificate of registration in the national registry of non-profit organizations or an equivalent document;
• Having a current professional insurance policy in place.
3.4. Participants must not have granted any exclusivity contract to a third party for the product or technology on whose basis they are entering the challenge.
3.5. Employees of the Service Provider or of the Partner Organization and their family members cannot take part in the Challenge.
Members of the Pre-Selection Committee and of the Selection Jury and the companies to which they belong or over which they exercise control or are capable of exercising control cannot take part in the Challenge.
Members of the Pre-Selection Committee and of the Selection Jury cannot help Participants in any way, shape or form.
The Partner Organization will strive to ensure that no Participant has privileged and discriminatory access to information regarding the implementation of the Challenge.
As such, the Partner Organization reserves the right to refuse a Participant's application in order to ensure that Participants are treated equally, on condition that the Participant in question is notified of this decision as soon as possible and the reasons for this decision are given. The Participant then has seven working days from the date of receiving notice of the decision to present their claim to the Partner Organization and contest the decision. The Partner Organization will make their final decision within the week following receipt of the Participant's claim.
By taking part in the Challenge, each Participant affirms that they do not have privileged information or specific assistance that gives them an advantage over other Participants.
3.6. The Participant shall certify to abide by the terms aforementioned. The delivery of the Award will be conditional upon the capacity of the Participant to justify the conditions aforementioned.
3.7. There is only one entry per person in the Challenge.
3.8. Participants must
For students, organizers, artists, designers or architects : les étudiants, associations, artistes, designers ou architectes : form teams from 2 to 5 members ;
For companies : Sign up online and create a user account for their company.
3.9. Any Participant and/or team who doesn’t abide by the terms of the Rules during his/her Registration and at any time during the Challenge will be automatically and without previous notification, disqualified from the Challenge and shall not be awarded any Award. In the case where an Award would have been given to a Participant and/or team who doesn’t or didn’t comply with the Rules at the time of his/her Registration or during the Challenge, the Organizers have the discretionary right to demand the return of the Award received.
Article 4 REGISTRATION AND ACCESS TO THE CHALLENGE
4.1. For his/her Registration to the Challenge, the Participant must open a user account on agorize.com and must indicate the following:
• Last name;
• First name;
• A valid email address ;
• A valid password.
To validate his Registration, the Participant must accept the Competition Rules, Terms and Conditions provided by the Service provider
The Participant depending the community to which he belongs must provide the information listed below:
• Date of Birth;
• Phone number;
• Company’s registered name;
• Company’s logo;
• Elevator pitch;
• Company’s formation date;
• Development state;
• Phone number;
• Company’s website;
• Company’s Facebook page;
• Company’s Twitter page.
• Date of Birth;
• Phone number;
• Current company name;
• Current work position;
• Date of hiring;
• Whether he is developer or designer.
A confirmation email containing an activation link is sent to the Participant’s listed email address.
Once his/her account is activated, the Participant can freely complete further information on his profile in the account settings.
To end his Registration in the Challenge, the Participant must opt-in on the box indicating that he/she accepts the Challenge Regulations
4.2. Any Registration containing wrong, dubious, or incomplete information shall not be taken into account and shall disqualify the Participant and/or the Participant’s team.
4.3. By registering, the Participant accepts to be contacted through emails sent by Organizers during his/her participation in the Challenge. He/she also accepts to be contacted by phone, if he/she is part of the preselected Participants or the Winners.
4.4. The use of a computer is needed to access the Challenge with the minimal material configuration and device hereinafter:
• Processor 1 Ghz or higher with 1 Go RAM or higher;
• A 1024x768 pixels screen definition with 65 536 colors;
• Operating system: Windows XP and Vista;
• Version Flash Player 9.045, except any specified case which will be informed to the Participant on the homepage of the Challenge;
• The sound card is recommended but is not necessary.
4.5. The Challenge is available 24 hours a day on the https://www.agorize.com/rte-smart-innovation subject to possible maintenance operations on servers or dysfunctions.
Article 5 DURATION OF THE CHALLENGE
5.1. The Challenge shall take place from September 7th, 2017 to January 31st, 2018.
5.2. Every date clearly defined in these rules and the challenge is in the Paris time zone (GMT +1).
5.3. Where necessary due to operational requirements, the Organizers reserve the right to alter the duration of the Challenge by a reasonable amount of time, which will be conveyed to Participants
Article 6 PRINCIPLE OF THE CHALLENGE
6.1. The Challenge consists of making contributions formed by two (2) Deliverables during the two steps of preselecting and selecting.
6.2. Those Deliverables must absolutely respond to the Challenge issue and rules described in the tab “Brief” on the Challenge page on the website https://www.agorize.com/rte-smart-innovation. Those Deliverables must be written in French or English; no other language will be accepted.
6.3. Each recommendation is exclusively composed of two (2) Deliverables:
• The preselection Deliverable mentioned in Article 7 subjected to the terms of this disposition;
• The Selection Deliverable mentioned in Article 8 subjected to the terms of this disposition;
The Organizers will not accept and will not take into account any other documents submitted by the Participants.
Article 7 PRE-SELECTION STAGE PROCEDURE
7.1. The Pre-Selection is scheduled from September 7th, 2017] to November 7th, 2017 23h59.
7.2. During this period and until November 7th, 2017, 23h59, the Participants will have to send by upload on the platform, their Pre-Selection Deliverable, which is composed of:
• [Description of the Pre-Selection Deliverable
• Their Project presentation based on the template downloadable from the dedicated page on https://www.agorize.com/rte-smart-innovation
• A presentation of the Participant using the form on his participation tab accessible once he his registered.
7.3. The preselection of the Projects will be realized on the basis of this Preselection Deliverable, in accordance with Article 7.
Article 8 SELECTION STAGE PROCEDURE
8.1. The Pre-Selection is scheduled from November 13th, 2017 to December 4th, 2017, 23h59.
8.2. Only the 30 Projects selected at the end of the Pre-selection stage will be able to participate to the Selection stage.
8.3. These teams of participant should send before December, by uploading on the platform their Final deliverable, which composed of:
A 15-20 slides document describing their project and for example, the problem they address, the solution they bring, its impact and business model.
8.4. A selection of the Projects who participated in the Selection stage will be carried out on the basis of the Final Deliverable in accordance Article 11.
Article 9 FINAL STAGE PROCEDURE
9.1. Only the 10 Projects selected at the end of the Selection stage, will be able to participate in the final stage.
9.2. This final stage consists of an oral presentation of their Project by the Participants of Project. Location to be determined.
9.3. Only the 10 Projects selected participating in the final stage will be ranked on the basis of the oral presentation. The Organizers might shoot an institutional movie presenting the final ceremony, the selected Participants understand that they must to their best to take part in this movie.
Article 10 CHARACTERISTIC FEATURES OF THE DELIVERABLES
10.1. Those Deliverables must absolutely respond to the Challenge issue and rules described in the tab “Brief” on the Challenge page on https://www.agorize.com/rte-smart-innovation.
10.2. Deliverables must be sent in a common digital format such as: PDF/PPT /MP4 and be written in French or in English.
10.3. In case of difficulties or failures to read the Deliverable, Participants of the concerned Project will be notified and have the responsibility to re-submit it before the Deliverable deposit end date of the current step. If the delay is passed, the Project in question will be disqualified from the Challenge.
10.4. Each Participant grants that the content of the deliverables are only their contributions from their team. If it appeared that contribution are from a third party all participant from concerned team may be disqualified.
The use of photos or images must be free copyright. In any case, the organizers will not be held responsible for the use of works on which third parties have rights.
Article 11 SELECTION PROCESS
11.1. The challenge is divided in two selection processes:
• Preselection: this stage ends with the preselection of Projects;
• Selection: this stage ends with finalist Projects selection;
11.2. Each of these selection steps is based on the criteria of:
Under no circumstances are taken into account factors relating to the person's appearance, religious or trade union, political opinions or sexual orientation of the participants. The selections will not result in any way, whether directly or indirectly, by chance or luck.
11.3. A Pre-Selection Jury composed of members from the Partner Company, having the necessary qualifications to make the preselection, will be responsible for selecting up to 30 Projects on the basis of the Pre-Selection Deliverable submitted.
11.4. A Selection Jury composed of members from the Partner Company, having the necessary qualifications to make the preselection, will be responsible for selecting up to 10 Projects on the basis of the Selection Deliverable submitted.
11.5. Public vote: One Project will be selected via a public vote, which will be held on the deliverables made available for this purpose on the challenge page from [December 5th, 2017] to [December 8th, 2017]. This Project will be the Project whose deliverable has received the most 'likes', and will be then be invited to the final stage alongside those Projects that were chosen following the selection stage.
In the event that the Project that receives the most 'likes' is also one of the  Projects chosen following the selection stage, the Project chosen for the additional finalist slot will be the Project that has the largest number of 'likes' and that was not chosen following the Selection Committee's decision during the selection stage.
Any individual taking part in the public vote is permitted to cast a single vote for one Project only. Any attempts at cheating, use of fake profiles, use of third-party applications that enable false voting linked to cheating, or duplicate voting of which the Organizers become aware will entitle the Organizers to disqualify the Project that received these votes, and that Project's Participants will not receive any Award. The Organizers' decision regarding disqualification is final and their decision may not be contested by the Participants involved in the Project in question or in any other Projects within the Challenge.
11.6. The Service Provider will, via an email sent to the address entered at the time of account creation on Agorize.com and via a notification on their Agorize.com account, inform all Participants of the Pre-Selection results by November 7th2017, 23h59 at the latest and of the Selection results by December 4th, 23h59 at the latest. The Organizers will be free to alter the dates on which results are released should this become necessary due to the number of Projects to be assessed.
11.7. Each pre-selected or selected Participant must respond to the email sent by the Service Provider announcing the selection of the team before the deadline specified in the message. Otherwise, the Organizers reserve the right to disqualify the defaulting Participant’s Project.
11.8. A Final Jury will be in charge in charge, at the end of the finale, of ranking the  Selected Projects based on their presentation and to nominate the  Winning Projects.
11.9. The Ranking made by the Final Jury will be announced on the day of the oral presentations.
Article 12 ARWARDS
12.1. Awards referred to in this Article are awarded in consideration of:
• The delivery of Deliverables which quality has been recognized by the different Jurys;
• Acceptance and respect of Article 13 on Intellectual Property for each Winner;
• Acceptance and respect for each Winner of Article 14 on use of Winners information.
No Award can be delivered to the Winners if they do not meet these three conditions, as well as entirely comply with these Rules.
12.2. Any award of an Award at the end of the challenge is subject to, and is performed only when subjected to:
• The full respect of the Rules set out for the Challenge;
• The presentation by each winner of documents justifying that he respects the conditions of Article 3.
12.3. Only the winners of the 3 Projects that are selected and then ranked by the Final Jury will receive an Award.
12.4. A Participant will not be considered a Winner and will not receive any Award unless the Participant is part of the Project's Team on the Agorize.com website before the end of Pre-selection.
12.5. Every Participant recognizes and accepts that the Award cannot give rise to no contesting of any kind, to a request of delivery neither of their monetary exchange value, nor to their replacement or exchange for another Award whatever the reason is. The Award is not transferable and the Participants are informed that the sale or the exchange of the Award is forbidden.
12.6. In case of unavailability of an Award, the Partner Company will be free to substitute an Award of a similar value, of the same brand or of a different brand, or its exchange value in cash for the discretion of the Partner Company.
12.7. Every Participant recognizes and accepts that the Partner Company will not be held responsible, in any case, for the dysfunction of the Award or for any harmful consequence undergone by the Winner or any third party because of the Award. It is stated that the Company will not provide any partner warranty service or assistance.
12.8. Every Participant recognizes and accepts that the Partner Company is only committed to the delivery of the Award awarded to the Winners. As a consequence, all the extra costs relative to these Awards or the overheads linked to the accession to ownership of these Awards will stay, unless otherwise stipulated of the Rules, chargeable to the Winners. Neither coverage nor refund will be owed as such.
12.9. Winners will be informed by email of their award sent by the Service Provider to the address communicated for their inscription of their account on www.agorize.com by 15 days maximum following the day where the final ranking is made by the jury. The Participant commits himself to respect directives indicated in the email. In the case where a Winner did not succeed to take his prize, for independent reason from the Organizers, in a delay of 2 months from the reception of this email, the Partner Company has the right to declare this Award not attributed to this winner.
12.10. Winners of the 3 Projects will be awarded with the following prizes, according to their ranking, with the precision that Project n°1 of each category will the first and Project N°2 and N°3 will be equally rewarded:
1. Awards for Project n°1
The First project will be rewarded with the support of the Partner Companies, worth maximum €80,000, to develop the award-winning project.
Depending on the level of maturity of the winning project, the Partner Company will provide a support to the First team to realize its project. This support will be of material contributions or/and human contributions.
A specific partnership agreement will be signed between the Partner Company and the First team to set the frame of the support allocated to the First team. This support will not exceed a value of €80K.
The partnership agreement will also frame the intellectual property rights of the Partner Company and the First team, depending of the winning project.
Each member of the team will be rewarded with an invitation to participate to a “VIP discovery” at the heart of RTE Electricity Network, without any commercial value. Transportation for each team member will be taking care by the Partner Companies.
2. Awards for Project n°2 and N°3
Each member of the team will be rewarded with an invitation to participate to a “VIP discovery” at the heart of RTE Electricity Network, without any commercial value.
Transportation for each team member will be taking care by the Partner Companies.
Article 13 INTELLECTUAL PROPERTY
13.1 To produce their Application File and more generally as part of the Challenge, Participants can make use of intellectual property that belongs to them or intellectual property that they have been granted the right to use and reproduce in accordance with a contract.
13.2. Participants remain the rights holders of the intellectual property they own at the time of registering on the platform. Similarly, third parties will retain the rights to their intellectual property. The Organizers, Participants and third parties will not be granted any rights over any party's pre-existing property as part of the Challenge.
Each Participant is the sole judge of the appropriateness and the means by which Confidential Information will be protected by exercising this right.
13.3 Without prejudice to the above, Participants give their express permission for the Organizers to use the content of their Application Files for the sole purposes of carrying out and promoting the Challenge. Within this scope, Participants grant the Organizers the right to use, record, represent, reproduce, translate and communicate all or part of their Application File via any medium for promotional, business or information purposes anywhere in the world throughout the duration of the Challenge and for one year after its conclusion.
Participants indemnify the Organizers against any claims from third parties of their intellectual property rights being contravened during the Challenge. Participants are informed that any claim made by a third party against the Service Provider or the Partner Organization, in the event that the Participant in question does not bring an immediate halt to the infringement, will result in their disqualification from the Challenge without prejudice to any legal action taken to protect the interests of the Service Provider and/or the Partner Organization.
Article 14 COMMUNICATION
14.1. Every Participant authorizes
the Organizers, in the hypothesis where he/she would be appointed Winner of the Challenge to use his/her family name, his/her first name, his/her twitter address, his/her city and his/her region of residence, the name of his/her school or former school and his/her photograph, name in any promotional demonstration (except with purchase advertising space), including on the web sites of the Service Provider and the Partner Company and any site or affiliated support, without that this use can legally give rise to any remuneration during 2 years maximum after the end of the Challenge.
Applicant Participants authorise the Service Provider and the Partner Company to reproduce their trademark free of charge on communication materials about the Challenge including but not limited to the Service Provider’s or the Partner Company’s intranet and external websites, email signatures/newsletters, press releases, posters/banners at trade fairs, Facebook pages and on Twitter.
Participants also authorise the Service Provider and Partner Company to display their registered name and trading names in the same ways, together with their logo as displayed in their applications.
This permission is strictly limited to the same purposes as those stipulated in Article 13 and the Service Provider and Organisers undertake to cease use of trademarks once the circumstances relating to those purposes come to an end, unless the Participant expressly agrees otherwise in writing in advance.
The permission herein comes into force commencing on the Challenge start date for the duration required stipulated in the abovementioned purposes.
Article 15 REFUND OF ENTRY EXPENSES
15.1. The Participants can obtain the refund of postage incurred in the claim of reimbursement and/or any written application for the settlement (based on the going rate – slow rate 20g applicable in France).
15.2. All requests for refund by the Participant must be sent in writing before [January 31st, 2018] (date as postmark), to the following address:
34, rue du Faubourg-Saint-Antoine
Request cannot be done by telephone or by e-mail.
15.3. To be admissible, the request will mandatory contain:
• Full contact details of the Participant (name, first name, address, zip code, city, Agorize login and e-mail);
• Valid bank details or account details;
• Where applicable, the precise request of communication of Rules and repayment of the stamp used in the aforementioned price rate.
15.4. Any request of repayment over the deadline, incomplete, dubious or inaccurate will be refused in whole or part.
15.5. Only one reimbursement per Participant will be accepted.
15.6. The reimbursement will be processed by bank transfer on the account indicated during the request after the check of the legitimacy of the request and in a deadline the Organizers of which have the whole discretion.
Article 16 LIABILITY
16.1. The responsibility of the Organizers cannot be engaged in case of breakdown or dysfunction of the used telecommunications network, whatever the cause is, which would especially have the effect of damaging or preventing the identification or the access of the Participant on agorize.com or any other useful web site for the participation in the Challenge.
16.2. The participation in the Challenge implies knowledge and acceptance of the characteristics, limitations and risks of the internet network and the technologies which are linked to it, particularly in consideration of the performances, in response time, in the security of the software and the computer hardware towards diverse potential attacks such as virus, logic bomb or Trojan horse and in the loss or in diversion of data. As a consequence, the Organizers cannot be held responsible, in any case for the damages caused to the Participant because of these accepted characteristics, limitations and risks.
16.3. The Organizers cannot, in any case, be held responsible for any damage caused by the defect or the delay of delivery of the Deliverables, especially for the refusal to consider these Deliverables because of a late submission, or for any damage caused by an impossibility to connect to the relevant websites or to upload/download correctly any Deliverable, the defect or the delivery time of any e-mail sent during the Challenge, or for any damage caused by any hurdle preventing the Participant to attend or participate to whole or part of the Challenge.
16.4. The Organizers cannot be held responsible in case of total or partial modification, suspension, interruption, adjournment or cancellation of whole or part of the Challenge for reasons beyond their control or as defined in Article 19. In such case, the Service Provider will inform as soon as possible the Participants by a mention on agorize.com or by any mean it sees fit.
16.5. The Organizers cannot be held responsible for the consequences of a disqualification of a Participant, and/or a team, due to a violation of the Rules, and/or in case of rejection of a Deliverable due to noncompliance with the Rules.
16.6. The Organizers shall not be liable for any trouble, action, claim, objection, claim related to the use of the Deliverables of the Partner Company not foreseen by the Regulations or in connection with the negotiation, execution or performance of contracts that the Partner company would sign with the Participants, therefore there was no direct intervention of Service.
16.7. In any case, the Organizers will not be held responsible for the delivery of the Awards nor in case of impossibility for a Winner to benefit from his/her Award for circumstances beyond Organizers’ control. The responsibility of the Organizers cannot be engaged in case of loss and/or deterioration of the Award by post or any third similar service provider and more generally if the Winner does not receive his/her Award. The responsibility of the Organizers cannot be engaged in case of incidents or of damages of all kinds, which could arise because of the enjoyment of the awarded prize and/or because of its use.
Article 17 CONFIDENTIAL INFORMATION
17.1. Is “Confidential Information” in the sense of the present arrangement, all the material or immaterial information of whatever nature, in particular administrative, commercial, scientific, technical, financial, fiscal, which was, is or will be communicated by the Partner Company to the Participant, directly or indirectly, and in a non-exhaustive way, orally, in writing whatever the support is, by delivery of paper or electronic documents.
Is not Confidential Information:
i. The currently accessible information or becoming accessible to the public without breach at the terms of the Regulations from the Participant,
ii. The information legally held by the Participant before their disclosure by the Partner Company,
iii. The information not resulting either directly or indirectly from the use of all or part of the Confidential Information,
iv. The information validly obtained close to a third party authorized to transfer or to reveal the aforementioned information.
17.2. During the duration of the Challenge and during a period of five (5) years after the end of the Challenge, the Participant makes a commitment to:
• Not using the Confidential Information for any other purposes than the participation in the Challenge in the conditions of the Regulations;
• Taking any necessary, useful and reasonable precaution to protect the Confidential Information;
• Not Revealing the Confidential Information to whomever, by any means whatsoever, except to the other members of his/her Team;
17.3. The Organizers may disclose Participants’ Information wholly or in part to all its subsidiaries in the sense of Article L.233-‐1 of the French Commercial Code or to a service provider acting on its behalf or that of its subsidiaries.
17.4. At the end of the Challenge, because of the emergence of their term or of their cancellation, the Participant will immediately have to put back to the Partner Company all the Confidential Information, whatever their support is, obtained during the Challenge. The Participant forbids himself from keeping copy in any form whatsoever, except with an on purpose, preliminary and written agreement by the Partner Company.
Article 18 INFORMATION AND LIBERTIES
18.1. The participation in the Challenge requires the communication of the Participant’s personal data mentioned Article 13.
18.2. This data can be modified at any time by the Participant.
18.3. This data mentioned in the present Article is subjected to an automated processing in the sense of the law n°78-17 of January 6th, 1978 for which the Service Provider and possibly the Partner Company, is alone to define the means and the purpose, and is responsible, in this respect, for this processing in the sense of the aforementioned law.
The purpose of this processing is:
• To organize the intermediation between the Participant and the Partner Company;
• To ensure identification, communication and preservation of the exchanges with the Participant;
• To realize anonymous market studies by the Service Provider or a third-party.
18.4. The addressees of this data are the Service Provider and the Partner Company.
18.5. According to provisions of the law n°78-17 of January 6th, 1978, the Participant is informed that the personal data processing made was subjected to a statement in the Commission Nationale de l'informatique et des Libertés from which the receipt was delivered under the number 1856312v0.
In this respect, the Service Provider made a commitment to protect all the personal data of the concerned people. These data are collected and handled in by the Service Provider with the strictest confidentiality according to the law of January 6th, 1978.
18.6. According to the provisions of the articles 38, 39 and 40 of the law n°78-17 of January 6th, 1978, the Participant has, at any time, the right to:
• Oppose to the collect and process of personal data carried out by the Service Provider;
• Oppose to the communication of these data to third-parties;
• Get access to all personal data handled by the Service Provider;
• Rectify, update and delete his personal data handled by the Service Provider.
To exercise his rights in conformance with the law n°78-17 of January 6th, 1978, the Participant has to send a registered letter with acknowledgement of receipt mentioning clearly his identity and the object of his request to:
34, rue du faubourg Saint-Antoine
18.7. Concerning the possible installation of cookies (or witnesses of connection) on the Participant’s computer during his browsing on the Service Provider’s website, the Participant is invited to consult the Regulations and Competition Rules, Terms and Conditions present on the website www.agorize.com and that he/she has to accept previously during the opening of an account necessary to participate in the Challenge.
Article 19 INFORMATIQUE ET LIBERTES
19.1. To take part in the Challenge, Participants must make available the personal data as described in Article 4.
19.2. This data may be modified by the Participant at any time in accordance with the provisions of article 18.6.
19.3. 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 to identify, communicate with and store interactions with the Participant;
• carry out anonymous market surveys either by the Service Provider or a third party.
19.4. The recipients of this data are the Service Provider and the Partner Organization.
19.5. 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.
19.6. 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
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.
Regarding the potential installation of cookies on Participants' computers when browsing the Service Provider's site, Participants are encouraged to consult the Challenge Rules and Terms & Conditions available at Agorize.com, which they must accept prior to creating the account required to take part in the Challenge.
Article 20 LE REGLEMENT
20.1. The participation in the Challenge and the awarding of the Award require the acceptance purely and simply and the full respect for the Rules in all its terms. The Organizers reserve the right to disqualify, immediately and without compensation, every Participant and/or Project not satisfying in full with the Rules.
20.2. The Organizers reserve the right to modify at any time the terms of the Rules, and during the Challenge without the requirement of notification to the Participant, concerning the application and the validity of these modifications. The Participant is invited to consult regularly the Rules. The Participant gives up expressly any complaint or contesting linked to any modification brought to the Rules by the Organizers.
20.3. Regulations are registered with SCP Bornecque Winandy - Bru Nifosi, huissiers de justice associés 15, Passage du Marquis de la Londe- 78000 - Versailles.
Rules are available for consultation online on agorize.com
A copy of these Rules can be asked for free and with the reimbursement of the stamp used in the conditions of Article 15.
Article 21 ANNULATION ET SUSPENSION DU CONCOURS
21.1. The Service Provider and Partner Company reserve the right to cancel, shorten, suspend the Challenge without prior notice:
• In cases of force majeure;
• If it appears that fraud has occurred in any form whatsoever;
21.2. The Organizers cannot be held responsible for cancellation or for suspension of the Challenge according to the present Article and no allowance nor compensation will be due to the Participant.
21.4. The registration and the participation in the Challenge are not, in any way, for effect to create a link of subordination between the Organizers and the Participant.
Article 22 CLAIMS
22.1. Any claim of the Participant must be sent in writing during the latest 30 days after ending date of the Challenge.
22.2. Claims linked to the functioning of the website www.agorize.com must be formulated in writing at the following address:
34, rue du faubourg Saint-Antoine
22.3. Claims linked to the progress of the Challenge and to the sending of the Award must be formulated in writing at the following address:
34, rue du faubourg Saint-Antoine
22.4. At the risk of being rejected, any claim has to contain:
• Full contact details of the Participant (name, first name, address, zip code, city, Agorize login and e-mail);
• The identification of the concerned Challenge;
• The clear and elaborate presentation of the motives for the claim.
Article 23 LITIGE
23.1. In case of persistent dispute after the Participant has made a complaint in accordance with Article 22, the Organizers and Participants agree to submit their dispute to an amicable settlement before any court proceedings.
23.2. The party eager to initiate conciliation must inform the other party through a registered letter with acknowledgment of receipt in which it will make him know his intentions and it will specify the cause.
23.3. If no agreement is reached between the parties within 30 days of the registered letter reception, parties regain their freedom of action.
Article 24 APPLICABLE LAW
The Regulations and the Challenge are under the French law.
In case of disagreement on the application or interpretation of the Rules, and the absence of agreement, any dispute will be submitted to the competent court, according to the legal rules of territorial jurisdiction.