RULES OF THE CHALLENGE
Challenge industry 4.0 – Student Challenge
Hager, a French Simplified Joint Stock Company (Société par Actions Simplifiée, or SAS) with a share capital of 39 365 700 Euros, registered within the Commercial and Companies Register of Saverne under number 71 20 63 759, and has its registered office at 132, boulevard d'Europe - BP 7867212 OBERNAI Cedex.
Novares, a French Simplified Joint Stock Company (Société par Actions Simplifiée, or SAS) with a share capital of 77 847 412 Euros , registered with the Nanterre Trade Register under number 814 811 592 and has its registered office at 361 avenue du Général De Gaulle 92140 Clamart (France).
(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 23/02/2018 to 30/03/2018 via the website available at https://www.agorize.com/fr/challenges/industry-4-0-student-challenge?lang=en,
(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”).
Article 1 DEFINITIONS
“Award”: refers to the prizes awarded to the Winners at the end of the Challenge.
“Brief”: refers to the specifications determined by the Partner Company, which may include the deadlines, the awards, the guidelines and categories 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.
“Confidential Information”: refers to the information set out in the Article 16.
“Deliverables”: refers to the Deliverables submitted by Participants during the Selection and the Final stage.
“Participant”: refers to any person registered in accordance with the Rules who takes part in the Challenge.
“Project”: refers to the Team and its Deliverable.
“Registration”: refers to the registration of a Challenge Participant in accordance with the Rules.
“Ranking”: refers to the attribution of an Award per category by the Final Jury at the end of Selection.
“Rules”: refers to these rules, which apply to the Challenge.
“Selection”: refers to the selection stage of the Challenge.
“Selection Jury”: refers to the jury responsible for selecting the Participants during the Selection.
“Team”: refers to the team of one to three Participants have to create of join on the platform in order to take part in the Challenge.
“Winner” or “Winners”: refers to the members of two Project of each category that reach the final stage of the Challenge, and are ranked by the Final Jury as winning teams.
Article 2 PURPOSE OF THE RULES
2.1. Rules 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 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 in the conditions specified in Article 14.
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
3.4. Only trainees and alternatives are allowed to participate to the challenge. Employees and representatives of the Service provider and of the Partner company and/or the members of their families (parent, children, spouses) cannot participate in the Challenge.
3.5. 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.
3.6. There is only one entry per person in the Challenge
3.7. Participants must form teams from one to three members.
3.8. 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;
- What is his/her profile?;
- Phone number;
- Whether he/she is a developer or a 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/fr/challenges/industry-4-0-student-challenge/pages/partners?lang=en, subject to possible maintenance operations on servers or dysfunctions such as those mentioned on the Article 15.
Article 5 DURATION OF THE CHALLENGE
5.1. The Challenge shall take place from 23/02/2018 to 30/03/2018.
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 which is in accordance with the requirements listed in Article 7 and in Article 8.
6.2. These 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/fr/challenges/industry-4-0-student-challenge?lang=en.These Deliverables must be written in English; no other language will be accepted.
6.3. Each recommendation is exclusively composed of two (2) Deliverables:
- The Selection Deliverable mentioned in Article 7 subjected to the terms of this disposition;
- The Final 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.
6.4. The challenge is composed of two categories:
- Hager: How to optimise industrial processes?
- Novares: What will tomorrow’s car look like?
Each participant has to choose one of these categories to compete.
Article 7 SELECTION STAGE PROCEDURE
7.1. The Selection is scheduled from 23/02/2018 to 13/03/2018.
7.2. All the Projects will be able to participate to the Selection stage.
7.3. During this period and until 13/03/2018 the Participants will have to send by upload on the platform, their Selection Deliverable, which is composed of:
- An online form and 5 slides presentation describing their project and for example, the problem they address, the solution they bring, its impact and business model.
7.4. A selection of the Projects who participated in the Selection stage will be carried out on the basis of an oral presentation.
Article 8 FINAL STAGE PROCEDURE
8.1. Only the four Projects selected at the end of the Selection stage, will be able to participate in the final stage in accordance with Article 10 (two Projects selected by category).
This final stage consists of an oral presentation of their Project by the Participants at the Global Industrie Exhibition in Paris on 30/03/2018.
8.2. Only the four Projects selected participating in the final stage will be ranked on the basis of the oral presentation and on a powerpoint presentation, in accordance with Article 10. The Organizers might shoot an institutional movie presenting the final ceremony, the selected Participants understand that they must do their best to take part in this movie.
8.3. For the four projects selected at the end of the Selection Stage travel expenses will be refunded by Agorize (maximum three participants per team and 200€ refunded per participant).
ARTICLE 9 CHARACTERISTIC FEATURES OF THE DELIVERABLES
9.1. These Deliverables must absolutely respond to the Challenge issue and rules described in the tab “Brief” on the Challenge page on https://www.agorize.com/fr/challenges/industry-4-0-student-challenge?lang=en
9.2. Deliverables must be sent in a common digital format such as: DOC/DOCX/PDF/PPT/PPTX/KEY/ODT/MP3/MPEG/MOV/MP4 and be written in English.
9.3. In case of difficulties or failures to read the Deliverables, Participants of the concerned Project will be notified and have the responsibility to re-submit it before the Deliverables deposit end date of the current step. If the delay is passed, the Project in question will be disqualified from the Challenge.
9.4. Each Participant grants that the content of the Deliverables is only their contributions from their team. If it appeared that contribution is 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 10 SELECTION PROCESS
10.1. The challenge is composed of two selection processes.
10.2. Each of these selection steps is based on the criteria of:
- Presentation Quality;
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.
10.3. 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 Projects on the basis of the Selection Deliverable submitted.
10.4. 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 Selection results by 19/03/2018. 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.
10.5. Each 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.
10.6. A Final Jury will be in charge, at the end of the finale, of ranking the four Selected Projects based on their presentation and to nominate the 2 Winning Projects per category.
10.7. The Ranking made by the Final Jury will be announced on the day of the oral presentations.
10.8. Selection and Ranking are conditioned to a minimum of eight (8) uploaded recommendations meeting the Partner Company’s 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 less than eight (8) recommendations at the end of the Selection.
Article 11 AWARDS
11.1. 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 12 on Intellectual Property for each Winner;
- Acceptance and respect for each Winner of Article 13 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.
11.2. 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.
11.3. Only the winners of the four Projects that are selected and then ranked by the Final Jury will receive an Award.
11.4. 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 Selection.
11.5. 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.
11.6. 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.
11.7. 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.
11.8. 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.
11.9. 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.
11.10. The two Winners of each category will be awarded with the following prizes, according to their ranking, with the precision that Project n°1 of each category is better than Project n°2 which is considered the last of the 2 ranked by the Final Jury for each category.
- Hager Awards :
- For Project n°1: A gift voucher of €1,000.
- For Project n°2: A gift voucher of €500.
- Novares Awards :
- For Project n°1: Get a fellowship passport and be able to come at STATION F 5 times a month during one trimester! It's a unique way to discover if you are ready to lunch a company!
- For Project n°2: Discover the day to day life of a startup during a whole day from 8am to 8pm with a program manager of Arts et Métiers Acceleration!
11.11 All the finalist will get an invitation to take part to the Gobal Industrie Exhibition.
- a) Global Industrie Award: All finalist will be invited to Paris to take part to the Global Industrie exhibition! The invitation includes: journey, exhibition ticket and accommodation if needed (costs will be covered up to 200 euros per participants. Three members per team maximum).
Article 12 INTELLECTUAL PROPERTY
"Intellectual property rights" refers to to any patents, utility certificates, drawings, models, copyright, brands, database producer rights and any other intellectual or industrial property rights whatsoever. Any Deliverable involving several Participants constitutes a collaborative work.
12.2. Intellectual Property for Novares' category
12.2.1 Participants agree that their Deliverable will be governed by the "Creative Commons Attribution 3.0 France" Licence (the "Licence"), a copy of which can be found in Appendix 1 of the present Regulations.
12.2.2 As such, the Organizers are free to reproduce the Deliverable, to distribute them, to inform the public about them and to modify them.
If the Deliverable are modified, altered or adapted, the Partner Company may distribute the resulting derived work only in accordance with the terms of the Licence.
12.2.3 Each Participant guarantees that he/she is the co-owner and co-holder of the intellectual property rights regarding all or part of the Pre-selection and Deliverable submitted as part of the Challenge for the Project of which he/she is a member, and that he/she has obtained all rights and permissions regarding all pre-existing elements and any elements for which he/she does not hold the rights if these elements are to be included in the Pre-selection Deliverable and the Final Deliverable.
Each member of a Participating team guarantees that his/her application is original and unprecedented, that it does not infringe upon the copyright of any third party, and that all the elements of which it is formed, as well as all pieces of information communicated in the application presentation document, are accurate, reliable and complete.
It is compulsory for Participants to indicate the source of any pre-existing elements (music, text, images, etc.) that are included in the Pre-selection Deliverable and the Final Deliverable.
Each Participant guarantees quiet enjoyment of the Pre-selection Deliverable and the Final Deliverable by the Organizers, and as such guarantees:
- that the Final Deliverable submitted by the team of which he/she is a member is original,
- that it does not infringe on or imitate any copyright, patent, brand or any other intellectual property belonging to a third party,
- that it does not constitute an act of unfair competition or parasitical competition of any kind,
- that all the elements of which it is formed, as well as all pieces of information communicated in the Final Deliverable, are accurate, reliable and complete.
Each participant indemnifies the Organizers and any present and future subsidiaries against any disturbance, action, claim, opposition, demand or eviction attempt from any third party.
EXCLUSION OF SOURCE CODE
12.2.4 As an exception to the aforementioned licence, code produced by Participants during the development of their application, as well as the software used to produce their application, is excluded from the "Creative Commons Attribution 3.0 France" License.
12.3 Intellectual Property Rights and buying option for Hager’s category
(Each) Participant agrees not to disclose any inventions, discoveries and/or developments (including respective software) that are discovered or developed in connection with the Challenge for a maximum period of 8 weeks, starting from 30/03/2018 (“negotiation period”).
During this negotiation period the Participant(s) shall exclusively negotiate with Hager. Hager may present to the Participant(s) an offer to purchase said inventions, discoveries and/or developments (including corresponding worldwide intellectual property rights). The parties shall negotiate such offer in good faith and the Participant shall not unreasonable withhold his consent to a respective agreement. This in particular applies if Hager has offered an equitable remuneration.
In addition, if Participant(s) sells said inventions, discoveries and/or developments (including corresponding intellectual property rights) after the negotiation period to a third party, then Hager shall have a buying option in accordance with § 1123 of the French Civil Code
Article 13 COMMUNICATION
13.1. 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.
Article 14 REFUND OF ENTRY EXPENSES
14.1. 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).
14.2. All requests for refund by the Participant must be sent in writing before 30/03/2018 (date as postmark), to the following address:
34, rue du Faubourg-Saint-Antoine
Request cannot be done by telephone or by e-mail.
14.3. 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.
14.4. Any request of repayment over the deadline, incomplete, dubious or inaccurate will be refused in whole or part.
14.5. Only one reimbursement per Participant will be accepted.
14.6. 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 15 LIABILITY
15.1. 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.
15.2. 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.
15.3. 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.
15.4. 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.
15.5. 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.
15.6. 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.
15.7. 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 16 CONFIDENTIAL INFORMATION
16.1 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.
16.2. 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;
16.3. 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.
16.4. 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 17 INFORMATION AND LIBERTIES
17.1. The participation in the Challenge requires the communication of the Participant’s personal data mentioned in Article 4.
17.2. This data can be modified at any time by the Participant.
17.3. 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.
17.4. The addressees of this data are the Service Provider and the Partner Company.
17.5. 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.
17.6. 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
17.7. 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 18 RULES
18.1. 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.
18.2. 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.
18.3. 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 14.
Article 19 CANCELLATION AND SUSPENSION OF THE CHALLENGE
19.1. 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;
- In the case of the Article 10.
19.2. 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 20 INDEPENDENCE
20.1. 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 21 CLAIMS
21.1. Any claim of the Participant must be sent in writing during the latest 30 days after ending date of the Challenge.
21.2. 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
21.3. 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
21.4. 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 22 PRELIMINARY RECONCILIATION
22.1. In case of persistent dispute after the Participant has made a complaint in accordance of Article 21, the Organizers and Participants agree to submit their dispute to an amicable settlement before any court proceedings.
22.2. 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.
22.3. If no agreement is reached between the parties within 30 days of the registered letter reception, parties regain their freedom of action.
Article 23 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.
Annexe 1 – Licence Creative Commons Attribution 3.0 France
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
- "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with one or more other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
- "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
- "Licensor" means the individual, individuals, entity or entities that offers the Work under the terms of this License.
- "Original Author" means the individual, individuals, entity or entities who created the Work.
- "Work" means the copyrightable work of authorship offered under the terms of this License.
- "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
- License Grant
Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
- to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
- to create and reproduce Derivative Works provided that any such Derivative Work, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified.";;
- to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
- to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works.
- For the avoidance of doubt, where the Work is a musical composition:
- Performance Royalties Under Blanket Licenses. Licensor waives the exclusive right to collect, whether individually or, in the event that Licensor is a member of a performance rights society (e.g. ASCAP, BMI, SESAC), via that society, royalties for the public performance or public digital performance (e.g. webcast) of the Work.
- Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions).
- Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor waives the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions).
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.
The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
- You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of a recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. When You distribute, publicly display, publicly perform, or publicly digitally perform the Work, You may not impose any technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by Section 4(b), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by Section 4(b), as requested.
- If You distribute, publicly display, publicly perform, or publicly digitally perform the Work (as defined in Section 1 above) or any Derivative Works (as defined in Section 1 above) or Collective Works (as defined in Section 1 above), You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and, consistent with Section 3(b) in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). The credit required by this Section 4(b) may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear, if a credit for all contributing authors of the Derivative Work or Collective Work appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.
- Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE LICENSED WORK BY THE LICENSOR. THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
- Limitation on Liability
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works (as defined in Section 1 above) or Collective Works (as defined in Section 1 above) from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
- Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
- Each time You distribute or publicly digitally perform the Work (as defined in Section 1 above) or a Collective Work (as defined in Section 1 above), the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
- Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
- If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
- No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
- This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
Creative Commons Notice
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