Faster Mind Challenge
Design the supply chain of the future
Rules of the Faster Mind Challenge
Terms of the challenge
Rider to the terms of the challenge
By this rider, Organizers of «Faster Mind Challenge » want to correct the articles 5, 7, 8 and 11 as hereinafter:
ARTICLE 5 – DURATION OF THE CHALLENGE
5.1. The participation in the challenge is scheduled from January 16th 2017 at 3:00pm to April 2nd, 2017 at 11:59pm.
5.2. Every date clearly defined in these rules and the challenge is in the Paris time zone (GMT +1).
ARTICLE 7 – PRESELECTION STEP GUIDELINES
7.1. The preselection step is scheduled from January 16th 2017 at 3:00pm to April 2nd, 2017 at 11:59pm.
7.2. During this period and until April 2nd, 2017 at 11:59pm, the Teams will have to send by Upload in their online space, their preselection Deliverable, which is composed of:
•Their Team presentation based on the “Team form” which can be downloaded in the following link: https://www.agorize.com/fr/challenges/faster-mind-challenge
7.3. Teams among participant’s teams will be preselected and will be realized on the basis of this Preselection Deliverable, in accordance with Article 11.
ARTICLE 8 – SELECTION STEP GUIDELINES
8.1. The selection step is scheduled from May 13th, 2017 at 3:00pm to May 4th, 2017 at 11:59pm.
8.2. Only the fifteen (15) teams selected in each Organizing Country at the end of the preselection process will be able to participate to the selection step.
8.3. These teams of participant should send before May 4th, 2017 at 11h59pm, by downloading on the platform their Final composed of:
•A detailed file explaining clearly the idea. The support can be a powerpoint (10 to 15 slides maximum), word document (3 pages maximum), diagrams, animation, layout, Sketch …
8.4. A selection of the teams who participated at the selection step will be carried out on the basis of the Final Deliverable in accordance with Article 11
ARTICLE 11 – SELECTION PROCESS
11.5. The Organizing Company shall provide all participants with the preselection results at the latest in April 13th, 2017 through an e-mail sent to the address provided when creating a user account on the site www.agorize.com and also by a notification sent to their account at www.agorize.com.
Terms - Faster Mind Challenge
FM LOGISTIC CORPORATE, , SAS with a capital of 42,926,547.38 €, Zone Industrielle, Rue de L'Europe, (57370) PHALSBOURG FRANCE, registered under the number 452228-596 at the Commercial and Companies Register of METZ.
(hereinafter designated as the “Partner Company”)
has decided to give to
Agorize, SAS with a capital of €71 146, registered under the number 530 774 439 at the Commercial and Companies Register of Paris, and has its registered office at 34 rue du Faubourg Saint Antoine 75012 PARIS,
(hereinafter designated as “The Organizing Company”)
the organization of the challenge « Faster Mind Challenge » which will be scheduled from January 16th, 2017 to June 2nd, 2017 through the website of the organizing company www.agorize.com or directly on the following address https://www.agorize.com/fr/challenges/faster-mind-challenge and The execution of some of its obligations defined hereinafter.
(hereinafter designated as “The Challenge”)
ARTICLE 1 – DEFINITIONS
“Brief” : refers to the specifications issued by the Partner Company. This document contains information such as the deadline, details of the grant, the Partner Company’s requirements, the legal provisions, etc. This brief is searchable online http://www.agorize.com/
“Nomination”: refers to the designation among the selected teams by the Final Jury at the end of the final step.
“Challenge”: designates the Challenge, subject to the regulations organized by the Organizing Company and the Partner Company.
“Organizing Country”: designates the countries taking part in the challenge and in which the Partner Company is established: France, Poland, Russia and Spain.
“Personal data”: designates data defined in Article 18 of the regulations.
“Registration”: designates the Registration of a participant in the Challenge according to Article 14.
“Final Jury”: designates the jury mentioned in Article 11.5 in charge of the selected teams’ rankings.
“Jury of selection”: designates the jury mentioned in Article 11.3 in charge of the preselection and selection of participants.
“Recommendation”: designates the deliverable in Article 7 and 8.
“Winners”: designates the participants of the four (4) teams, which have access to the final step of each of the Challenge ranked by the final jury.
“Deliverables”: designates the Deliverable described in Article 7 and 8.
“Prize”: designates the Endowments specifically mentioned in Article 12 and delivered to the selected teams at the end of the Challenge.
“Participant”: designates every single person registered according to Article 4 of the regulations and participating in the Challenge.
“Preselection”: designates the preselection step describes in Article 7.
“Team”: designates the teams formed on the website www.agorize.com
“Regulations”: designates the present regulations, which are applicable to the challenge.
“Competition Rules, Terms and Conditions” or “CRTC”: designate the general terms of use of the Organizing Company’s website, accepted by every participant during the creation of a user account on www.agorize.com.
“Selection”: designates the step of the Challenge described in Article 8.
ARTICLE 2 – PURPOSE OF REGULATIONS
2.1. Regulations are intended to define, according to article L. 121-15-2 of the French Code de la Consommation, terms and rules of participation in the Challenge organized by the Partner Company in association with the Organizing Company. Regulations are destined to complete the rules of the challenge of the Organizing Company, 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, Regulations will prevail.
2.2. The participant recognizes to be informed and accepts that the Challenge in question appeals to his ability of conviction and to the quality of his Deliverables. Under no circumstances shall decisions be made at random or chance and the Challenge shall not be related to a lottery.
ARTICLE 3 – PARTICIPATION IN THE CHALLENGE
3.1. Participation in this Challenge is free and without purchase obligation and can be subject to a reimbursement of participating costs in the conditions specified in Article 15.
3.2. The Participant must read these rules and accept the terms in their entirety without reservation before their Registration and participation in the Challenge.
3.3. Participants allowed:
•Any natural adult person who is currently enrolled in higher education or anyone that graduated from an institution of higher education of the Territory three years ago or less (graduated in 2015-2016).
3.4. Employees and representatives of the Partner Company and/or the members of their families (parents, children, spouses) cannot participate in the Challenge. Employees and representatives of the Organizing Company and/or the members of their families (parents, children, spouses) cannot participate in the Challenge.
3.5. The Participant shall certify to abide by the terms aforementioned. The delivery of the Endowment will be conditional upon the presentation by the winner of the challenge of an identity card proving his age during the Registration to the challenge and a student card from less than three years from the beginning of the school year at the date of the inscription (2016-2017).
3.6. There is only one entry per person in the Challenge.
3.7. Participants must form teams from two (2) to three (3) members.
3.8. Participants must live in one of the organizing country (either France, Poland, Russia or Spain) and must choose as a category for the challenge his country of residence (either France, Poland, Russia or Spain).
3.9. Any Participant who doesn’t abide by the terms of this present article 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 Endowments. In the case where an Endowment would have been awarded to a Participant who doesn’t comply with the terms of participation during his/her Registration or during the challenge, the Organizers have the right to demand the return of the endowment 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 the website www.agorize.com and must indicate the following:
•Last name;
•First name;
•an email address ;
•a password.
To validate this Registration to the Challenge, the Participant must also accept the Competition Rules, Terms and Conditions provided by the Organizing Company.
A confirmation email containing an activation link is sent to the Participant’s listed email address.
Once the account is activated, the Participant must provide the information listed below:
•Date of Birth;
•Civility;
•Town;
•Country;
•Phone number;
•Nationality;
•School;
•Education;
•Competences.
Other information can be freely completed on the Participant’s profile in the account settings.
Once his/her account is activated, the Participant is able to register to the challenge by applying to join an existing team or by creating his/her own team.
To end their 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 or incomplete information shall not be taken into account and shall disqualify the Participant.
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 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;
• A browser which accepts cookies and Javascripts functions execution: Using Internet Explorer 7 or higher, or Firefox 3.5 is recommended;
• 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 for the participation in the Challenge.
4.5. The Challenge is available 24 hours a day on the website www.agorize.com published by the Organizing Company with the link https://www.agorize.com/fr/challenges/faster-mind-challenge subject to possible maintenance operations on servers of www.agorize.com or dysfunctions such as those mentioned in Article 16.
ARTICLE 5 – DURATION OF THE CHALLENGE
5.1. The participation in the challenge is scheduled from January 16th 2017 at 3:00pm to March 19th, 2017 at 11:59pm.
5.2. Every date clearly defined in these rules and the challenge is in the Paris time zone (GMT +1).
ARTICLE 6 – GUIDELINES
6.1. The Challenge consists of making contributions formed by two (2) Deliverable, by teams, which is in accordance with the requirements listed in Article 7 and 8, 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 at the website https://www.agorize.com/fr/challenges/faster-mind-challenge
6.3. Each recommendation is exclusively composed of three Deliverables:
•The preselection Deliverable mentioned in Article 7 subjected to the terms of this disposition;
•The Selection Deliverable mentioned in Article 7 for the preselected teams by the jury at the end of the preselection step.
The Organizers will not accept and will not take into account any other documents submitted by the Participants.
ARTICLE 7 – PRESELECTION STEP GUIDELINES
7.1. The preselection step is scheduled from January 16th 2017 at 3:00pm to March 19th, 2017 at 11:59pm.
7.2. During this period and until March 19th, 2017 at 11:59pm, the Teams will have to send by Upload in their online space, their preselection Deliverable, which is composed of:
•Their Team presentation based on the “Team form” which can be downloaded in the following link: https://www.agorize.com/fr/challenges/faster-mind-challenge
7.3. Teams among participant’s teams will be preselected and will be realized on the basis of this Preselection Deliverable, in accordance with Article 11.
ARTICLE 8 – SELECTION STEP GUIDELINES
8.1. The selection step is scheduled from March 31st, 2017 at 3:00pm to May 1st, 2017 at 11:59pm.
8.2. Only the fifteen (15) teams selected in each Organizing Country at the end of the preselection process will be able to participate to the selection step.
8.3. These teams of participant should send before May 31st, 2017 at 11h59pm, by downloading on the platform their Final composed of:
•A detailed file explaining clearly the idea. The support can be a powerpoint (10 to 15 slides maximum), word document (3 pages maximum), diagrams, animation, layout, Sketch …
8.4. A selection of the teams who participated at the selection step will be carried out on the basis of the Final Deliverable in accordance with Article 11
ARTICLE 9 – FINAL STEP GUIDELINES
9.1. In each Organizing Country, only the four (4) Teams selected at the end of the selection process, will be able to participate in the final step in accordance with Article 11.
9.2. This final step consists of an oral presentation of their project by Team members.
9.3. In each Organizing Country, the four (4) selected Teams participating in the final step will be ranked on the basis of the oral presentation, in accordance with Article 11. The Organizing Company might shoot an institutional movie presenting the final ceremony; the selected Teams understand that they must to their best to take part in this movie.
ARTICLE 10 – THE DELIVERABLES CHARACTERISTICS
10.1. Deliverables must comply with the rules and the directives set by the Partner Company found under the tab “Brief” on the page of the Challenge at the website https://www.agorize.com/fr/challenges/faster-mind-challenge
10.2. These deliverables must be sent in a common digital format such as: DOC/DOCX/PDF/PPT/PPTX/KEY/ODT/MP3/MPEG/MOV/MP4 and must be written in English.
10.3. In case of difficulties or failures to read the Deliverable, Participants of the concerned Team have the responsibility to rectify before the Deliverable deposit end date of the current step and in a maximum three (3)-day delay as from this date. If the delay is passed, the Team in question will be disqualified from the Challenge.
10.4. Each Participant warrants that the content of the Recommendation does not violate laws and regulations, including those relating to infringement, defamation, decency or privacy.
ARTICLE 11 – SELECTION PROCESS
11.1. The challenge is divided in two selection processes:
•Preselection: this step ends with the preselection of teams;
•Selection: this step ends with finalist teams selection;
11.2. Each of these selection steps is based on the criteria of:
•Relevance;
•Originality;
•Realism;
•Framing and consistency with the theme of the challenge.
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 Preselection jury composed of members from the Partner Company, having the necessary qualifications to make the preselection, will be responsible for selecting up to fifteen (15) Teams among Deliverables submitted for the preselection step.
11.4. In each Organizing Country, a Selection jury composed of members from the Partner Company, having the necessary qualifications to make the selection, will be responsible for selecting up to four (4) Teams among Deliverables submitted for the selection step.
11.5. The Organizing Company shall provide all participants with the preselection results at the latest in March 31st, 2017 through an e-mail sent to the address provided when creating a user account on the site www.agorize.com and also by a notification sent to their account at www.agorize.com.
11.6. Each pre-selected Participant must respond to the email sent by the Organizing Company 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 Team.
11.7. Each selected participant will have to respond to the email sent by the Organizing Company announcing the selection of the team before the deadline specified in this message. Otherwise, the Organizers reserve the right to disqualify the defaulting Participant’s Team.
11.8. A Final Jury, composed of members of the Partner Company along with the public present in the final.
11.9. Teams Pre-selection, selection and Nomination are conditioned to a minimum of eight (8) uploaded recommendations meeting the Partner Company editorial and technical requirements set out in its Brief. The presence of a minimum of eight (8) recommendations is justified by the need for the Partner Company to have a sufficient choice to conduct a fair nomination of the winning teams. The Partner Company will be entitled to cancel the Challenge in the event that there would be a number less than eight (8) recommendation at the end of the pre-selection.
ARTICLE 12 – ENDOWMENTS
12.1. Prizes referred to this Article are the counterparts of:
•The delivery of a Final, Pre-selection and Selection Deliverable 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 Prize can be delivered to the winners if they do not meet these three conditions.
12.2. Any award of a Prize at the end of the challenge is subject to, and is performed only when subjected to:
•The full respect of the rules set out in Regulations;
•The presentation by each winner of an identity card proving their majority at the time of registering to the Challenge, and a student card from less than three years from the beginning of the school year at the date of the inscription (2016-2017).
12.3. In each Organizing Country, only the winners of the four (4) teams that are selected and then ranked by the Final Jury will receive a Prize.
12.4. In each Organizing Country, one Prize will be awarded for each of the four (4) ranked teams.
12.5. Every Participant recognizes and accepts that the Prize 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 Prize whatever the reason is. The Prize is not transferable and the Participants are informed that the sale or the exchange of the Prize is forbidden.
12.6. In case of unavailability of a Prize, the Partner Company will be free to substitute a prize 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 Prize or for any harmful consequence undergone by the Winner or any third party because of the Prize. 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 Prize awarded to the Winners. As a consequence, all the extra costs relative to these Prizes or the overheads linked to the accession to ownership of these Prizes will stay, unless otherwise stipulated of the Regulations, 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 Partner company 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 Partner Company, 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. In each country, winners of the four (4), will be awarded with the following prizes, according to their ranking, with the precision that team n°1 of each category is better than team n°4 which is considered the last of the four (4) final teams in each category, ranked by the Final Jury.
In each organizing countries, the finalist Teams will see awarding the following Prizes (one prize for each participant of the team):
PRICE FOR WINNERS OF TEAM N°1
For each member of the team: a watch Samsung Galaxy Gear S3 (worth 400€) or the equivalent in gift certificates.
PRICE FOR WINNERS OF TEAM N°2
For each member of the team: a Samsung Galaxy Tab E (worth €200) or the equivalent in gift certificates.
PRICE FOR WINNERS OF TEAM N°3
For each member of the team: Bose headphone (worth €100) or the equivalent in gift certificates.
PRICE FOR WINNERS OF TEAM N°4
For each member of the team: a one-year subscription to Spotify (worth €100) or the equivalent in gift certificates.
ARTICLE 13 – INTELLECTUAL PROPERTY
13.1. Definition
The term "intellectual property rights" refers to any Invention, any copyright or other rights over a brand or model and, more broadly, any element that may be protected by international laws or conventions on intellectual property.
13.2 Any and all brand, logo, or any other Company-related element is the sole property of the Company. Taking part in the Challenge constitutes in no way a right of use on these intellectual property elements.
13.3 Any Deliverable involving several Participants constitutes a collaborative work, according to the article L 113-2 and following of the Intellectual Property Code. The Participant testifies he/she indeed is co-author and co-owner of all intellectual property rights attached to every Deliverable submitted for the Challenge by the team the Participant is part of, and owns all Deliverable-related rights, including the intellectual property rights.
13.4 The Deliverables are confidential. Each Participant agrees that he/she shall divulge none of it to any third party and that he/she will graciously neither reuse nor modify, publish, communicate, cede or exploit any part of the Recommendation and/or Deliverable without the Company’s written agreement beforehand.
13.5 Consequently, each Participant cedes the Company the exclusive right to file any industrial property title in his/her name protecting the Deliverables, including any patent, licence, franchise, registered trademark, protection certificate, vegetal certificate, semiconductor topography, any filing of a drawing or a model, a brand or a domain name, whether it be in France, the European Union or across the world.
The Company shall be sole beneficiary of all rights attached to the industrial property rights that might incur, and shall dispose of them freely.
Were the Deliverables protected, in part or in whole, by author’s rights, and in accordance with the Intellectual Property Code, ceded rights include all authors’ right-related patrimonial rights, namely:
- The right to adapt, modify and transform, in part or in whole, the Deliverables;
- The right to correct and adapt softwares, create new versions or builds, maintain, decompile, mix, modify, assemble, transcript, arrange, digitalize, port onto any configuration, interface with any software, database, IT product, use algorithms to any end, transcript it in part or in whole, under any shape or form, modified, condensed, extended, to integrate it in part or in whole into existing or future works, and to do so on any paper, magnetic or optic material, including internet, disc, tape, CD, listing ;
- The right to reproduce or get the Deliverables reproduced, without limitations of number, in part or in whole, by any means, on any material, present and future, known or unknown (including paper, magnetic, electronic, digital, etc.) ;
- The right to represent or get the Deliverables represented, any new version or adaptation of those Deliverables, by any means of diffusion and communication, present and future, known or unknown, (including telecommunications network, television, telephone, satellite, cable, etc.) and in particular on websites (YouTube, etc.), social networks, brand communication operations, etc. ;
- The right to make evolve, adapt, modify or make modified, correct or make corrected, in part or in whole, the Deliverables;
- The right to translate or get the Deliverables translated, in part on in whole, in any language, and to reproduce the awards ceremony movie on all material, present or future, known or unknown, (including paper, magnetic, electronic and digital) ;
- The right to put on the market, distribute, commercialize and diffuse the Deliverables, by any means, graciously or not;
- The right to use and exploit the Deliverables in any way, shape or form, for its own activities or any third party, graciously or not;
- The right to allow or forbid any reuse and/or substantial extraction of the databases’ content.
This cession is consented to for the legal duration of those rights, internationally, without limit of destination, for all uses known and future, on any material. The Winner also states not to wish to make use of any moral right he/she might have on these Deliverables, or on his/her Deliverables’ authorship.
The Participant agrees that the cession’s price is included within the Prize’s worth he/she is given, and cannot ask for any additional sum for any reason. Moreover, the Participant testifies to the Company that he/she hasn’t filed any kind of patent or copyright for his/her Deliverables and will not in the future.
The Participant guarantees the Results do not constitute a counterfeit, and that the cession does not infringe upon any third party’s rights, whatever they might be. The Participant guarantees the Company and its affiliates, along with the Organizing Company, against any action or claim from any person invoking an intellectual or industrial property right, or any other act this cession might infringe upon.
ARTICLE 14 – USE OF WINNERS INFORMATION
14.1. Every Participant authorizes the Partner Company, in the hypothesis where he would be appointed Winner of the Challenge to use his family name, his first name, his alias used for the Challenge, his twitter address, his city and his region of residence, the name of his school or former school and, when necessary, his photograph, in any promotional demonstration (except purchase advertising space), on the web sites of the Organizing Company and the Partner Company and any site or affiliated support, without that this use can legally give rise to any remuneration other than the awarded Prize during 2 years maximum.
ARTICLE 15 – REIMBURSEMENT OF PARTICIPATING COSTS
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).
15.2. All requests for refund by the participant must be sent in writing before June 29th, 2017 (date as postmark), to the following address:
AGORIZE
34, rue du faubourg Saint-Antoine
75012 PARIS
Request cannot be done by telephone or by e-mail.
15.3. The request of repayment will necessarily have to, at the risk of refusal, contain the following elements:
•Full contact details of the Participant (name, first name, address, zip code, city, Agorize login and e-mail);
•Bank details or account details;
•Where necessary, the precise request of communication of Regulations and repayment of the stamp used in the aforementioned price rate.
15.4. Any request of repayment over the deadline, incomplete or inaccurate will be refused.
15.5. Only one reimbursement per person (same name – same address) will be accepted.
15.6. The reimbursement will be processed through a 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 – RESPONSIBILITY
16.1. The responsibility of the Organizing Company and the Partner Company 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 the www.agorize.com site 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 the damage caused by the defect or the delay of delivery of the Deliverables especially for the refusal of consideration of these Deliverables because of a submission over the deadline fixed in the Regulations, by the defect or the delivery time of any e-mail sent during the Challenge or by any change in the Deliverables regardless of the fact of the Organizers.
16.4. The Organizers cannot be held responsible in case of total or partial modification, suspension, interruption, adjournment or cancellation of the Challenge for reasons regardless of their willingness. In such instances, the Organizing Company will inform as soon as possible the participants by a mention on the website www.agorize.com or on the Agorize Blog.
16.5. The Organizers cannot be held responsible for the consequences of a disqualification of a Participant because of his violation of the Regulations.
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 deadline of delivery of the Prizes nor in case of impossibility for a Winner to benefit from his Prize for circumstances regardless of the Organizers’ willingness. The responsibility of the Organizers cannot be engaged in case of loss and/or deterioration of the Prize by post or any third similar service provider and more generally if the Winner does not receive his/her Prize. 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 - PRIVACY
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:
•The currently accessible information or becoming accessible to the public without breach at the terms of the Regulations from the Participant,
•The information legally held by the Participant before their disclosure by the Partner Company,
•The information not resulting either directly or indirectly from the use of all or part of the Confidential Information,
•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 such as planned in Article 5, 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. At the end of the Challenge, because of the emergence of their term indicated to Article 5 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 in Article 4.
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 Organizing Company 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 Organizing Company or a third-party.
18.4. The addressees of this data are the Organizing Company 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 1495245 v 0.
In this respect, the Organizing Company made a commitment to protect all the personal data of the concerned people. These data are collected and handled in by the Organizing Company 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 Organizing Company;
•Oppose to the communication of these data to third-parties;
•Get access to all personal data handled by the Organizing Company;
•Rectify, update and delete his personal data handled by the Organizing Company.
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:
AGORIZE
34, rue du faubourg Saint-Antoine
75012 PARIS
18.7. Concerning the possible installation of cookies (or witnesses of connection) on the Participant’s computer during his browsing on the Organizing Company’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 - REGULATIONS
19.1. The participation in the Challenge and the awarding of the Prize require the acceptance purely and simply and the full respect for the Regulation in all its terms. The Organizers reserve the right to disqualify, immediately and without compensation, every Participant not satisfying the present arrangement.
19.2. The Organizers reserve the right to modify at any time the terms of the Regulations, 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 Regulations. The Participant gives up expressly any complaint or contesting linked to any modification brought to the Regulations by the Organizers.
19.3. Regulations are registered via <reglement.com> with SCP Bornecque Winandy - Bru Nifosi, huissiers de justice associés 15, Passage du Marquis de la Londe- 78000 - Versailles.
Regulations are also available for consultation online on the website www.agorize.com.
A copy of these Regulations can be asked for free and with the reimbursement of the stamp used in the conditions of Article 15.
ARTICLE 20 - CANCELLATION AND SUSPSENSION OF THE CHALLENGE
20.1. The Organizer and Partner Company reserve the right to cancel, shorten, suspend the Contest if:
•In cases of force majeure;
•It appears that fraud has occurred in any form whatsoever;
•In the case of the article 11.6
20.2. 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.
ARTICLE 21 – INDEPENDENCE
21.1. 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:
AGORIZE
34, rue du faubourg Saint-Antoine
75012 PARIS
22.3. Claims linked to the progress of the Challenge and to the sending of the Prizes must be formulated in writing at the following address:
AGORIZE
34, rue du faubourg Saint-Antoine
75012 PARIS
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 - PRELIMINARY RECONCILIATION
23.1. In case of persistent dispute after the Participant has made a complaint in accordance of 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.