ENGIE, a French Limited company (Société Anonyme or SA) with a share capital of 2,252,636,208 Euros, which is registered within the Commercial and Companies Register of Nanterre under number 542 107 651, and has its registered office at 1 place Samuel de Champlain 92400 Courbevoie,
(hereinafter referred to as the “Partner Company”),
has decided to entrust
Agorize, a French Simplified Joint Stock Company (Société par Actions Simplifiée,orSAS) with a share capital of 71,146 Euros, which is registered within the Commercial and Companies Register of Paris under number 530 774 439, and has its registered office at 5 rue des Suisses in Paris (75014),
(hereinafter referred to as the “Service Provider”),
with the fulfillment of some of its obligations relating to the organization of a competition known as the “Decarbonathon”, as set out below; the competition shall take place from 12th October 2015 to 30 January 2016 via the website available at www.decarbonathon.org,
(hereinafter referred to as the “Competition”).
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 Competition.
(hereinafter jointly referred to as the “Organizers”).
ARTICLE 1 - DEFINITIONS
“Brief”: refers to the specifications determined by the Partner Company, which include information such as the cut-off date, details of the award, the Partner Company’s requirements, and the applicable legal provisions, etc.
“Ranking”: refers to the ranking of the finalists drawn up by the Final Jury at the end of the final stage.
“Competition”: refers to the competition that is the subject of the Rules, as organized by the Service Provider and the Partner Company.
“Award”: refers to the prizes awarded to the Winners at the end of the Competition.
“Confidential Information”: refers to the information set out in Article 17 of the Regulations.
“Registration”: refers to the registration of a Competition Entrant in accordance with Article 4.
“Final Jury”: refers to the jury mentioned in Article 11.4, which is responsible for Ranking the finalists.
“Pre-Selection Jury”: refers to the jury mentioned in Article 11.3, which is responsible for Pre-Selecting the Entrants.
“Winner”: refers to the members of the four (4) teams that reach the final stage of the Competition, and are ranked by the Final Jury.
“Pre-Selection Deliverable”: refers to the deliverable described in Article 7, which is submitted at the end of the Pre-Selection stage.
“Final Deliverable”: refers to the deliverable described in Article 8, which is submitted at the end of the Selection stage.
“Deliverables”: jointly refers to the Pre-Selection Deliverable and to the Final Deliverable.
“Prize Pack”: refers to the awards specifically mentioned in Article 12, which are awarded to the Winners at the end of the Competition.
“Entrant”: refers to any person registered in accordance with Article 4 of the Rules who takes part in the Competition.
“Pre-Selection”: refers to the first stage of the Competition, as described in Article 7.
“Rules”: refers to these rules, which apply to the Competition.
“Competition Rules and General Terms and Conditions”, or “CRGTCs” refers to the general terms and conditions for using the Service Provider’s website, as agreed to by all Entrants when they open an Upwestart account, which are available on Upwestart.com.
“Selection”: refers to the second and final stage of the Competition, as described in Article 8.
ARTICLE 2 – PURPOSE OF THE RULES
2.1 The purpose of the Rules is to determine the terms and rules for entering the Competition organized by the Partner Company, working together with the Service Provider, in accordance with Article L. 121-15-2 of the French Consumer Code. The Rules are intended to supplement the Service Provider’s Competition Rules and General Terms and Conditions (CRGTCs), which can be downloaded at the following address: <static5.studyka.com/public/documents/cgu-studyka-fr.pdf>. In the event of a contradiction between the provisions of the Rules and those of the CRGTCs, the Rules shall prevail.
2.2 The Entrant acknowledges that they are aware of, and agrees to the fact that the proposed Competition calls on their wisdom, skill, and ingenuity during extremely difficult trials. The Competition 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 COMPETITION
3.1 Entry to the Competition is entirely free, with no purchase obligation, and the entry fees may be refunded under the conditions determined in Article 15.
3.2 Entrants are required to fully familiarize themselves with the Rules and to agree to them without reservation prior to registering for and taking part in the Competition.
3.3 Entry to the completion shall be reserved for any natural person who meets the following conditions:
· Being an adult, or in the event that they are minors, providing authorization from a parent or guardian, which can be downloaded via the following link: duly completed and signed parental authorization.
. Or being a member of a company under 2 years of existence, and which is not a subsidiary of a company of over 100 employees.
3.4 The Competition shall also be open to the staff members and interns of the Partner Company, or of companies that took part in creating and/or promoting it, as well as to their family members under the following conditions:
· These Entrants undertake to take part fairly, without availing themselves of any specific assistance from the Partner Company;
· The Partner Company undertakes to select Entrants in an impartial manner.
3.5 When the competition game begins at the time of the online Registrations, Entrants may form or join a team of between three and at most six people. Accordingly, a team that only includes one (1) person at the end of the team-forming and concept stage (from October 12, 2015 to November 22, 2015) cannot be selected during the challenge’s various selection stages.
3.6 Entrants must certify that they fulfill all the aforementioned conditions at the time when they register. The delivery of the Award to the Winner shall be conditional on the presentation of an identity card proving that they are adults, or if they are minors, the delivery of the authorization of a parent or guardian provided for in Article 3.3 above, duly completed and signed.
3.7 Only one Competition entry per person shall be accepted.
3.8 Entrants must form or join a team of between three (3) and six (6) people.
3.9 Any Entrant who does not fulfill the conditions of this Article at the Registration time and at any time during the duration of the Competition shall automatically be disqualified from the Competition without notice, and may not receive any Award. In the event that an Award has been given to an Entrant who did not fulfill the entry conditions when they registered or during the duration of the Competition, the Organizers shall reserve the right to demand that the Entrant returns the Award received.
ARTICLE 4 – REGISTRATION AND ACCESS TO THE COMPETITION
4.1 To register for the Competition, Entrants must open an account on the Upwestart.com website, and provide:
· A valid e-mail address;
· An available user name;
· A password.
Entrants must also agree to the Competition Rules and General Terms and Conditions provided by the Service Provider in order for this registration to be approved.
Entrants shall be sent a confirmation e-mail that contains an activation link at the e-mail address provided.
Once the account has been activated, Entrants must specify the following information:
· First name;
· Company name;
· Commercial registry number;
· Phone Number;
. Inception date;
. Line of business;
Entrants shall be free to add other information to their profile within the parameters of their account.
Once their account is active, Entrants shall be in a position to register for the Competition, either by asking to join a team that has already been formed or by creating their own team.
Entrants must tick the box stating that they agree to the Competition Rules in order to complete their registration for the Competition.
4.2 Any registration that includes inaccurate or incomplete information cannot be taken into account and shall disqualify the Entrant.
4.3 By registering, Entrants agree to be contacted via e-mails sent by the Organizers as part of their entering the Competition. They also agree to be contacted by telephone if they are among the pre-selected entrants or the Winners.
4.4 Access to the Competition requires the use of a computer that has the following hardware and software configurations:
- At least 1 GHz of processor power, and at least 1 GB of RAM;
- 1024 x 768 screen resolution with 65,536 colors;
- Operating system: Windows XP and Vista;
- Flash Player Version 9.045, except in specific cases, about which Entrants will be informed on the Competition home page;
- A sound card is recommended, but is not required in order to take part in the Competition.
4.5 The Competition shall be available 24 hours a day on the Upwestart.com website published by the Service Provider, via the www.decarbonathon.org address, subject to any maintenance operations on Upwestart.com’s servers, or any malfunctions, as referred to in Article 16.
ARTICLE 5 – DURATION OF THE COMPETITION
5. 1. The Competition shall take place from 10:00 am on October 12, 2015 to 11:59 pm on January 30, 2016.
5.2 Any date determined as part of the Competition Rules is understood as expressed according to the Paris time zone (GMT+1).
5.3 No extension of, or exception to this duration shall be granted to Entrants for any reason whatsoever.
ARTICLE 6 – PRINCIPLE OF THE COMPETITION
6.1 The Competition shall involve the Entrants making a contribution that consists of two (2) Deliverables, in accordance with the requirements of Articles 7 and 8, during the two successive Pre-Selection and Selection stages.
6.2 These Deliverables must comply with the Competition’s questions and rules, as set out in the “Brief” tab on the page dedicated to the Competition on the <www.decarbonathon.org> website. These deliverables must be drafted in French or English; no other language shall be accepted.
6.3 The contributions shall exclusively and exhaustively consist of two Deliverables:
· The Pre-Selection Deliverable as referred to in Article 7, and submitted under the terms of that provision;
· The Final Deliverable as referred to in Article 8, and submitted under the terms of this provision.
The Organizers shall not accept and shall not take account of any other document submitted by the Entrants.
ARTICLE 7 – PRE-SELECTION STAGE PROCEDURES
7.1. The Pre-Selection Stage shall take place from 4:00 pm on October 12, 2015 to 11:59 pm on November 22, 2015.
7.2 The Entrant teams must use the platform to send their Pre-Selection Deliverable within that timeframe, and by 11:59 pm on November 22, 2015 at the latest; the Deliverable shall consist of:
· An overview of their team prepared using the “pre-selection application pack”, which is downloadable at <www.decarbonathon.org>;
· A final account detailing their work, which is available as a download from <www.decarbonathon.org>;
7.3 A Pre-Selection of the Entrant Teams shall be performed on the basis of this Pre-Selection Deliverable, in accordance with Article 11.
ARTICLE 8 – FINAL STAGE PROCEDURES
8.1 The final stage shall be held in the form of a 48-hour hackathon from January 14 to January 15, 2016 at 11:59 pm.
8.2 Only a maximum of twenty (20) Entrant Teams that were selected at the end of the Pre-Selection stage may take part in the final stage.
8.3 These Entrant Teams must send their Final Deliverable by 11:59 pm on January 15 at the latest, by uploading it to the platform; the Deliverable shall consist of:
· a detailed document presenting their concept;
· a deliverable (photo, video, screencast or slide) providing a summary overview of the team’s project; this deliverable shall be put to a public vote.
8.4 A Selection of the teams who took part in the Selection Stage shall be performed on the basis of this Final Deliverable, in accordance with Article 11.
ARTICLE 9 – PROCEDURES FOR AWARDING THE PRIZES
9.1 Only the sixteen (16) teams selected at the end of the Pre-Selection stage in accordance with Article 11 may take part in the final stage of the 48-hour hackathon and in the award of the prizes.
9.2 This final stage shall consist in a delivery and oral presentation of the Final Deliverable by the members of the team at the Partner Company’s premises in Ile-de-France.
9.3 The four (4) teams who take part in the final stage shall be ranked on the basis of the delivery and oral presentation of the Final Deliverable, in accordance with Article 11.
An institutional film showing the Competition prize-giving ceremony may be produced by the Organizers, and the selected teams undertake to make every effort to take part in that film.
9.4 The Partner Company shall cover the following expenses for each finalist:
· a return train or airplane ticket (from their home to the selection location) on proof of the actual expenses. Train travel shall be in second class, while airplane travel shall be in economy class;
· if the train or airplane schedules do not enable the finalists to arrive on the actual day of the final, one night in a hotel selected by ENGIE in the immediate vicinity of the location of the final.
This payment shall be made in accordance with the refund procedures provided for in Article 15.
ARTICLE 10 – CHARACTERISTIC FEATURES OF THE DELIVERABLES
10.1 The Deliverables must comply with the rules and instructions determined by the Partner Company, and disclosed under the “Brief” tab on the page dedicated to the Competition on the www.decarbonathon.org website.
10.2 These deliverables must be sent in a standard digital format, such as DOC, DOCX, PDF, PPT, PPTX, KEY, ODT, MP3, MPEG or MOV, and be drafted in French or English.
10.3 In the event of problems, or the inability to read the Deliverable, the Entrants in the team concerned shall be responsible for remedying the situation prior to the final date for submitting the Deliverables in the current stage, and within a period of three (3) days as from that date at the latest. The team in question shall be disqualified from the Competition beyond that deadline.
10.4 Entrants shall guarantee that the Deliverables consist solely of contributions from members of their team. The presence of contributions from third parties is likely to disqualify all the Entrants in the team concerned.
ARTICLE 11 – SELECTION CHARTER
11.1 The Competition shall be organized according to two selection processes:
· A Pre-Selection process organized at the end of the Pre-Selection stage on the basis of the first deliverable;
· A Selection process performed via a final ranking organized at the end of the final 48-hour hackathon stage on the basis of the second deliverable and its oral presentation.
11.2 Each selection process shall be based on criteria assessing:
Factors relating to the Entrants' character, appearance, political, religious or trade union opinions, or to their sexual orientation shall not be taken into account under any circumstances. The selections shall not be the result of chance or luck in any way, either directly or indirectly.
11.3 A Pre-Selection Jury, which consists of the members of the Partner Company who have the qualifications required to choose between the Deliverables submitted by the Entrants, shall be responsible for:
· pre-selecting up to twenty (20) teams on the basis of the Pre-Selection Deliverables at the end of the Pre-Selection stage.
The Service Provider shall inform all the Entrants about the results of the Pre-Selection stage by December 2, 2016, and about the results of the Competition by January 24, 2016 at the latest, via an e-mail sent to the address provided when creating their user account on the Upwestart.com website, as well as via an announcement on their Upwestart.com account.
Every pre-selected Entrant must reply to the e-mail sent by the Service Provider informing them that their team has been pre-selected prior to the cut-off date mentioned in this message. Otherwise, the Organizers shall reserve the right to disqualify the non-compliant Entrant team.
11.4 The final Jury shall be responsible for ranking the four (4) Winning teams on the basis of their presentation at the end of the final stage.
A fifth Team shall be selected via a public vote, which shall be expressed on the deliverables dedicated to that purpose on the challenge page from January 15 to January 18, 2016 at 11:59 pm. This fifth Team shall be the Team whose deliverable has received the most “likes”, and shall also receive a prize.
In the event that the team that receives the most “likes” also forms part of the teams ranked by the Final Jury at the end of the final stage, the next team that has received the most “likes” and was not included in the Ranking shall be named as the Winner.
The deliverables to upload on the platform in order to take part in the vote shall be:
- An overview of the team;
- An overview of their project, which shall consist of a video pitch or of a PowerPoint presentation.
11.5 The Ranking of the four (4) Winning teams decided by the Final Jury shall be announced on the day of the presentations.
11.6 The Selection and Ranking of the teams are conditional on the sending via data link of at least eight (8) Final Deliverables meeting the Partner Company's editorial and technical requirements, as set out in its Brief. The existence of at least eight (8) Final Deliverables is justified by the need for the Partner Company to have a sufficiently broad choice to select the winning teams fairly. The Partner Company shall have the option to cancel the Competition in the event that there are fewer than eight (8) Final Deliverables at the end of the Selection process.
ARTICLE 12 – AWARDS
12.1 The Prize Packs referred to in this Article shall be awarded in exchange for:
· the delivery of a Final Deliverable where the quality has been recognized as deserving an Award by the Final Jury, or where applicable, the delivery of a deliverable on the platform dedicated to the public vote, where the quality has been recognized as deserving an Award by the public;
· acceptance of and compliance by each of the Winners with the provisions of Article 13 of the Rules regarding intellectual property;
· acceptance of and compliance by each of the Winners with the provisions of Article 14 of the Rules regarding mentioning the Winners.
No Prize Pack may be awarded to Winners who do not fulfill these three prior conditions.
12.2 Any award of a Prize Pack at the end of the Competition shall be conditional on, and shall only be made subject to:
· full compliance with the rules set out in the Rules;
· the presentation by each Winner of an identity card proving that they are adults, or if they are minors, the delivery of the authorization of a parent or guardian provided for in Article 3.3 above, duly completed and signed.
12.3 The four (4) teams ranked by the Final Jury at the end of the final stage shall be awarded a Prize Pack.
The fifth team selected via the public vote shall also be awarded a Prize Pack.
12.4 Only one Prize Pack shall be awarded to the Winners of each of the four (4) ranked teams.
12.5 Every Entrant shall acknowledge and agree that the Prize Packs shall not give rise to any dispute of any kind or to a request for payment of their counter-value in cash or to their replacement by or exchange for another Prize Pack for any reason whatsoever.
The stated value of the Prize Pack(s) shall correspond to the current market price in effect, including tax, or to the estimated price at the date when the Rules were drafted; it shall be provided purely for information purposes and shall be likely to change.
12.6 In the event that the Prize Pack that was initially provided for and presented is unavailable, the Partner Company shall be free to replace it with a pack of similar value, from the same brand or a different brand, or with its counter-value in cash, at the Partner Company's sole discretion.
12.7 Every Entrant acknowledges and agrees that the Partner Company shall not be held liable for the malfunction of the Prize Pack or for any harmful consequence suffered by the Winner or any third party as a result of the Prize Pack under any circumstances.
12.8 Every Entrant acknowledges and agrees that the Partner Company shall only be responsible for making the Prize Packs awarded to the Winners available. As a result, the Winners shall be responsible for all the ancillary expenses relating to these Prize Packs or for the overheads relating to taking ownership of the Prize Packs, unless the Rules specify otherwise. No payment or refund shall be due in this regard.
12.9 The Winners shall be informed of their Prize Pack via an e-mail sent to the address provided when opening their account on www.decarbonathon.org by the Service Provider within a maximum period of 15 days from the day when the Ranking is decided by the Final Jury. Entrants undertake to comply with all the instructions mentioned in the e-mail. In the event that a Winner is unable to take possession of their Prize Pack for reasons beyond the Partner Company's control within a period of two (2) months as from receipt of this e-mail, the Partner Company shall reserve the right to announce that the Prize Pack was not awarded to that Winner.
12.10 The Winners in the four (4) teams shall be awarded the following Prize Packs, depending on their team’s ranking, on the understanding that the top-ranked team is the one that is considered as best, and that the fifth-ranked team is considered as the last of the four (4) finalist teams ranked by the Final Jury:
PRIZE PACK AWARDED TO THE WINNERS OF THE TOP-RANKED TEAM
For each member of the team: BH Bikes Xenion Diamond Wave 2014 electric bicycle from BH or an E-Line C-N8 Classic Wave electric bike from Bergamont worth 1,999 Euros, or the equivalent in Ticket Kadéos® Horizon EdenRed gift vouchers.
PRIZE PACK AWARDED TO THE WINNERS OF THE TEAM RANKED SECOND
For each member of the team: An eco-trip worth 1,500 Euros, which can be taken up until December 31, 2016, or the equivalent in Ticket Kadéos® Horizon EdenRed gift vouchers.
PRIZE PACK AWARDED TO THE WINNERS OF THE TEAM RANKED THIRD
For each member of the team: Parrot Zik 2.0 headphones worth 349 Euros, or the equivalent in Ticket Kadéos® Horizon EdenRed gift vouchers.
PRIZE PACK AWARDED TO THE WINNERS OF THE TEAM RANKED FOURTH
For each member of the team: A Netatmo thermostat from ENGIE worth 179 Euros, or the equivalent in Ticket Kadéos® Horizon EdenRed gift vouchers.
12.11. The Winners in the team chosen by the public will be awarded the following Prize Pack:
PRIZE PACK AWARDED TO THE WINNERS OF THE TEAM CHOSEN BY THE PUBLIC
For each member of the team: An Apple Watch Sport 42 mm Aluminum with Sport Band worth 499 Euros, or the equivalent in Ticket Kadéos® Horizon EdenRed gift vouchers.
The teams taking part in the Decarbonathon shall also have an opportunity to join a digital incubation program via the competition platform. This program involves online support for the teams provided by the partners, in order to enable them to continue reviewing their idea and investigating it in further depth. The competition platform shall remain open for between 3 and 12 months after January 14 and 15, in order to enable this digital incubation process.
ARTICLE 13 – INTELLECTUAL PROPERTY
“Intellectual property rights”: means any invention, any copyright and any right relating to a brand or a model, and more generally any item likely to be protected by international laws and treaties on intellectual property.
13.2 Every Deliverable in which several Entrants are involved shall be considered as a collaborative work, and shall remain the Entrants' property.
13.3 Every Entrant undertakes not to disclose their team’s Deliverables to third parties during the duration of the Competition and until a period of six months as from the end of the Competition has expired, i.e. until March 14, 2016 inclusive.
13.4 During the period determined in Article 13.3, the Partner Company shall have an exclusive right to buy back the Intellectual Property Rights to the Deliverables, in exchange for negotiating with the teams concerned in good faith.
13.5 Any tweets sent to the Service Provider by the Entrants as part of the Competition, or that use a #tag dedicated to the Competition may be freely published or used by the Organizers as part of the Competition, without such use granting entitlement to any compensation of any kind.
ARTICLE 14 – MENTION OF THE WINNERS
14.1 In the event that they are selected as a Competition Winner, every Entrant shall authorize the Partner Company to use their surname, first name, nickname chosen for entering the Competition, Twitter address, home city anddepartmentor county, and the name of the institution where they are studying or of which they are a graduate, together with their picture at a promotional event (excluding space buying) on the Service Provider and Partner Company’s websites, and any website or affiliated platform, although such use shall not grant entitlement to any other remuneration other than the Prize Pack awarded.
ARTICLE 15 – REFUND OF ENTRY EXPENSES
15.1 Entrants may obtain a refund of the expenses incurred by logging on to the internet in order to enter the Competition at a fixed rate of 9 minutes of connection time, or 0.66 Euros including tax, as well as a refund of any postage costs incurred for the purpose of requesting the refund and/or for any written request to obtain a copy of the Rules (on the basis of the 20g postage rate in effect).
15.2 Entrants who have an internet connection where the subscription fees are not proportional to the connection time (“unlimited” subscriptions, and cable and ADSL subscriptions, etc.) shall not be entitled to any refund inasmuch as entering the Competition does not require them to incur any additional expenses.
15.3 Entrants may obtain a refund for the travel and/or accommodation expenses mentioned in Article 9, in accordance with the procedures provided for in this Article.
15.4 Any refund request must be sent in writing before December 31, 2015 (proof of postmark) to the following address:
5 rue des Suisses
A refund request may not be made by telephone or via e-mail.
15.5 The refund request must include the following information, otherwise it will be rejected:
· the Entrant’s full details (surname, first name, address, post code, city, Upwestart user name, and e-mail address);
· their bank account details, or their post office account details;
· the specific request for disclosure of the Rules and for the refund of the stamp used at the aforementioned rate, where applicable;
· the specific request for a refund of the connection expenses with the dates, times, and the time spent logged in to the Competition website in order to enter the Competition, and an itemized bill from the telephone operator and/or the access supplier to which they subscribe, showing the date and time when they logged on to the Competition website for the given period, which they will have taken care to highlight;
. where applicable, the specific request for a refund of the travel and/or accommodation expenses and the supporting documents for the actual expenses incurred.
15.6 Any request for a refund made after the deadline has expired, or that is incomplete or inaccurate shall be refused.
15.7 Every Entrant can only make one request for a refund.
15.8 The refund shall be paid by bank transfer to the account mentioned at the time of the request, after ascertaining the merits of the request, and within a timeframe that is entirely up to the Organizers' discretion.
ARTICLE 16 – LIABILITY
16.1 The Service Provider and the Partner Company’s liability cannot be engaged in the event of a breakdown or malfunction in the telecommunications network used, regardless of the reason, and which primarily results in hindering or preventing the Entrant’s identification or access to the Upwestart.com website, or to any other website useful for entering the Competition.
16.2 Entry to the Competition requires understanding and accepting the characteristic features, limits, and risks of the internet and related technologies, especially in terms of performance, response times, and the security of the software and of the IT equipment when dealing with various possible attacks such as viruses, logic bombs or Trojan horses, and with the loss or hijacking of data. As a result, the Organizers cannot be held liable for any harm caused to the Entrant as a result of the characteristic features, limits, and risks that have been accepted, under any circumstances.
16.3 The Organizers cannot be held liable for any harm caused by the failure to deliver or late delivery of the Deliverables, including the refusal to take these Deliverables into account due to submission outside the deadline determined in the Rules, by the failure to deliver or late delivery of an e-mail sent as part of the Competition, or for any alteration made to the Deliverables outside the Organizers' control.
16.4 The Organizers cannot be held liable in the event of a full or partial change to the Competition, or its suspension, interruption, delay, or cancellation for reasons outside their control. In such scenarios, the Service Provider shall inform the Entrants as soon as possible via an announcement on the Upwestart.com website or on the Upwestart blog.
16.5 The Organizers cannot be held liable for the consequences of an Entrant being disqualified as a result of breaching the Rules.
16.6 The Service Provider cannot be held liable for any disruption, lawsuit, complaint, objection, or claim relating to a use of the Deliverables by the Partner Company that is not provided for in the Rules, or is linked to the negotiation, signing, or execution of the agreements that the Partner Company may sign with the Entrants, if the Service Provider has not been directly involved.
16.7 The Organizers shall not be held liable for the time taken to send the Prize Packs, or sending the Prize Packs to the wrong address due to the Winner’s negligence, or in the event that a Winner cannot receive their Prize Pack due to circumstances beyond the Organizers’ control (i.e. the Winner has moved without updating their address, the address is wrong, or the prize package has been lost, damaged by the carrier, or delayed, etc.). Specifically, the Organizers’ liability cannot be engaged in the event that the Prize Pack is lost and/or damaged by the Post Office or by any similar third-party service provider, and more generally if the Winner does not receive their Prize Pack. The Organizers’ liability cannot be engaged in the event of incidents or damages of any kind that may arise due to enjoyment of the prize received and/or due to its use.
16.8 The Prize Packs given to the Winners are personal, and cannot be awarded to another person, while the sale or exchange of these Prize Packs is strictly prohibited. Entrants shall be exclusively responsible for ascertaining their ability to enjoy the Prize Packs awarded, and especially that they hold valid identity documents (passports and visas, etc.). The Organizers shall not be liable for the expenses incurred by the Winners in order to enjoy the Prize Packs (transport expenses for travelling to the point of departure, and the cost of obtaining and/or renewing travel documents, etc.).
ARTICLE 17 – CONFIDENTIALITY
17.1 Within the meaning of this provision, “Confidential Information” shall include all information of any kind, including administrative, commercial, scientific, technical, financial, tax, legal or economic information, which has been, is being, or shall be disclosed by the Partner Company to the Entrant, either directly or indirectly, and in a non-exhaustive manner verbally or in writing or regardless of the medium, via the delivery of hard-copy or electronic documents.
The following are not Confidential Information: (i) information that is currently available or will become available to the general public without the Entrant breaching the terms of the Rules, (ii) information that was legally held by the Entrant prior to its disclosure by the Partner Company, (iii) information that does not result from the use of all or part of the Confidential Information, either directly or indirectly, (iv) information lawfully obtained from a third party who is authorized to transfer or disclose said information.
17. 2 The Entrant undertakes to do the following during the duration of the Competition and during a period of five (5) years following the end of the Competition, as provided for in Article 5:
(i) not to use the Confidential Information for any other purpose than for entering the Competition under the terms of the Rules;
(ii) to take all necessary, useful and reasonable precautions to protect the Confidential Information;
(iii) not to disclose the Confidential Information to anyone, by any means, except to the other members of their team.
17.3 At the end of the Competition, as a result of its expiry as mentioned in Article 5 or of its cancellation, Entrants must immediately deliver all the Confidential Information obtained as part of the Competition to the Partner Company, regardless of the platform. Entrants shall refrain from retaining copies in any form, except with the Partner Company’s express prior written consent.
ARTICLE 18 – DATA PRIVACY
18.1 Entering the Competition requires disclosure the Entrants’ personal data referred to in Article 4.
18.2 Entrants may amend these data at any time.
18.3 The data referred to in this Article shall be processed automatically within the meaning of Law No. 78-17 of January 6, 1978; only the Service Provider, and possibly the Partner Company shall define the means and purpose of that processing, and shall therefore be responsible for the processing within the meaning of the aforementioned law.
The purpose of this processing is:
· to organize intermediation between Entrants and the Partner Company;
· to meet the organization requirements of the Competition, ensure identification, communication, and the retention of any correspondence with the Entrants;
· to have the Service Provider or a third party perform anonymous market studies.
18.4 The data shall be addressed to the Service Provider and the Partner Company.
18.5 In accordance with the provision of Law No. 78-17 of January 6, 1978, Entrants shall be informed that the processing of personal data has been the subject of a report to the French National Data Privacy Commission by the Service Provider, a receipt for which was delivered under No. 1495245 v.0.
In this regard, the Service Provider has undertaken to protect all the personal data of the individuals concerned, said data shall be gathered and processed by the Service Provider in the strictest confidentiality, in accordance with the law of January 6, 1978.
18.6 In accordance with the provisions of Articles 38, 39, and 40 of Law 78-17 of January 6, 1978, Entrants shall have the right to do the following at any time: