The ALD Driver Experience Challenge (Contest)
ALD International, a Public Limited Company with a Management Board and a capital of EUR 550 037 505, number 417 689 395 in the NANTERRE Commercial and Companies Register, whose registered office is at 15 Allées de l’Europe in CLICHY (92110)
(hereinafter the "Partner Company")
has decided to entrust
Agorize, Simplified Joint-Stock Company with a capital of EUR 71 146, number 530 774 439 in the PARIS Commercial and Companies Register, whose registered office is at 34 rue du Faubourg Saint-Antoine in PARIS (75011),
(hereinafter the "Service Provider"),
The implementation of the obligations set out below for the organisation of its free contest called "The ALD Experience Driver Challenge" with no required purchase, which will run from the 14th of September 14, 2015 to the 30th of January, 2016 via a dedicated online platform accessible at http://www.studyka.com/challenges/aldautomotive
(hereinafter the "Contest")
The Partner Company and the Service Provider are considered co-organisers of the Contest.
(hereinafter collectively the "Organisers").
ARTICLE 1 - DEFINITIONS
"Brief": denotes the specifications determined by the Partner Company, containing information such as the target date, gift details, the Partner Company requirements, the applicable legal provisions, etc.
"Ranking": denotes the ranking decided by the Partner Company's Grand Jury at the final awards ceremony regarding the Contest Winners.
"Launch Ceremony": denotes the first Contest ceremony, during which the participating teams can meet, present their concepts and discuss their initial accomplishments (see details in Article 6, Section 6.1 of the Regulations).
"Final Awards Ceremony": denotes the ceremony at the end of the Contest during which the Winners will learn their final Ranking and receive their awards.
"Concepts and/or prototypes/in-depth studies": designates the concepts and/or prototypes/in-depth studies described in Article 9 of the Regulations and submitted in the context of the Challenge.
"Gifts": denotes all the amounts designated for the Award Winners and specifically referred to in Article 11.
"Confidential Information:" denotes the information defined in Article 16 of the Regulations.
"Registration": denotes a Participant's registration in the Contest in accordance with Article 4.
"Finalists": denotes the teams whose prototypes/in-depth studies will be selected for presentation at the Final Awards Ceremony during the voting phase by the Partner Company's Jury and the Public.
"Grand Jury": denotes the jury for the Final Awards Ceremony.
"Contest" or "Challenge": denotes the hackathon organised by the Service Provider and the Partner Company, being the subject of the regulations.
"Jury": denotes the jury involved in the various phases of the Contest selection process and is referred to in Article 10.
"Winners": denotes the Finalist teams who will be rewarded at the Final Awards Ceremony; also denotes the individual winners of the rewarded teams.
"Participant": denotes any person registered in the Contest in accordance with Article 4 of the Regulations.
"Preselection": denotes the preselection phase as described in Article 7 of the Regulations.
"Award": denotes the gifts given to Winners at the end of the Contest.
"Prototype": denotes the prototyping/in-depth study phase, as described in Article 7 of the Regulations.
"Public": Denotes all Partner Company employees who will vote for prototypes/in-depth studies, in parallel with a Partner Company Jury Vote on the same prototypes/in-depth studies (detailed in Article 6, Section 6.2 of the Regulations).
"Regulations": denotes the present regulations which are applicable to the Contest.
"Contest Regulations and Conditions" or "CRC": denotes the terms and conditions of the Service Provider site, published and accepted by all Participants when an account is opened on the site http://www.studyka.com/challenges/aldautomotive
"Voting": denotes the voting phase of the Contest as described in Article 7.
ARTICLE 2 – PURPOSE OF REGULATIONS
2.1 The Regulations are intended to define the conditions and rules of participation for the Contest organised by the Partner Company in cooperation with the Service Provider, in accordance with Article L. 121-15-2 of the Consumer Code. The Regulations are intended to supplement the Service Provider's Regulations and General Conditions of Contests (RGCC), which can be downloaded at <static5.studyka.com/public/documents/cgu-studyka-fr.pdf>. In case of conflict between the provisions of the Regulations and the RGCC, the Regulations will take precedence.
2.2 The Participant acknowledges he has been informed and has accepted that the proposed Contest tests his acumen, ability and ingenuity through serious and difficult trials. The Contest is in no way dependent on chance or luck, even partially, and therefore does not resemble a lottery and can not be analysed as such.
2.3 Participants guarantee they are not bound by any professional contractual or legal obligation that could prevent their participation in the Contest.
ARTICLE 3 – CONTEST CONDITIONS OF PARTICIPATION
3.1 All participation in the Contest is voluntary and occurs on weekdays.
Participation in the Contest is completely free and with no required purchase, participation fees may be refunded only under the conditions established in Article 14.
The Contest brings together Partner Company employee teams. Mentors from the Partner Company will accompany in-house teams during their production and presentations (for more details see Article 6.1 of the Regulations).
The Participants undertake to participate in the Contest fairly, without recourse to special assistance from the Partner Company.
The Partner Company is committed to the impartial selection of Participants.
3.2 Prior to his registration and participation in the Contest, the Participant is required to fully read and to unreservedly accept these Regulations.
3.3 The Participant must certify he has satisfied the above conditions at the time of his registration.
3.4 Only one participation per person is allowed in the Contest.
3.5 When the Contest has started and online Registration is open, Participants can form or join a team of between 2 to a maximum of 5 people. As a result, after the team and concept creation phase (September the 14th to November the 15th, 2015) a team with only one (1) person will not be accepted during the Contest's various selection stages.
3.6 A Participant who does not meet the conditions of the present Article 3 can be automatically disqualified from the Contest as of right and without notice, either during his inscription or at any other time, and will not receive any award. In the event that a Participant should be awarded who has not met the conditions of participation at the time of his registration or during the Contest, the Organisers reserve the right to demand that the Participant returns the received award.
ARTICLE 4 - REGISTRATION AND ACCESS TO CONTEST
4.1 The Participant must open a user account via a specific web link to register for the Contest:
The Participant must also specify the following information:
- a valid e-mail address;
- an available identifier;
- a password.
The Participant must also accept these Regulations and the General Conditions of the Contest provided by the Service Provider.
A confirmation email containing an activation link is sent to the Participant's provided email address.
The Participant will open their user account at http://www.studyka.com/challenges/aldautomotive
Once the account is activated, the Participant must specify the following information:
- First name;
- Associated organisation;
Other information may be freely added to the Participant's profile in his account settings. Once his account is active, the Participant is able to register for the Contest by either applying to join an existing team, or by creating his own. To complete his Contest Registration, the Participant must check the box indicating his acceptance of the Contest Regulations.
4.2 Any Registration containing incorrect or incomplete information can not be considered and will disqualify the Participant.
4.3 By this registration, the Participant agrees to be contacted by e-mail sent by the Organisers in the context of his participation in the Contest. He also agrees to be contacted by telephone if he is one of the pre-selected Participants or Winners.
4.4 A computer with the following hardware and software configuration is required to access the Contest:
- 1 Ghz or greater Processor with 1 GB or more of RAM; 1024 by 768 pixel Screen resolution with 65,536 colours;
- Operating system: Windows XP; Vista and OS X
- Flash Player Version 9045, except in special cases where the Participant will be notified on the Contest home page;
- A sound card is recommended but is not required for participation in the Contest.
4.5 The Contest is open around the clock on the AGORIZE.com website, edited by the Service Provider via the website <http://www.studyka.com/challenges/aldautomotive>, subject to any potential Service Provider server maintenance operations or malfunctions such as those referred to in Article 15.
As participation in the contest is on a voluntary basis, no financial compensation will be allocated to Participants who connect to the dedicated online platform, whatever the duration of their connection to this platform .
ARTICLE 5 - CONTEST REGISTRATION PERIOD
5.1 Contest registration is open from September the 14th, 2015 at 6:00 pm to November the 15th, 2015 at 11:59 pm.
5.2 Any date defined in the Contest Regulations is understood to be indicated in the Paris time zone (GMT +1).
5.3 No extension or dispensation will be granted to the Participant at the end of this period, for any reason whatsoever.
ARTICLE 6 - PRINCIPLE AND PROCEEDINGS OF CONTEST
6.1 The Contest will run from the 14th of September 2015 to the 12th of January 2016 and will mainly take place on a specific online platform developed by the Service Provider.
Two (2) physical events are also integrated into the Contest: a Launching Ceremony on the 10th of November, 2015 before a Preselection phase, and a final Awards Ceremony on the 12th of January, 2016, following a prototype/in-depth study Voting phase.
The Contest consists of Participants creating concepts for preselection based on the common general theme of "Mobile & Drivers", and then uniquely for the selected concepts the development of a prototype/in-depth study which will later be Voted on to obtain a final Rating, in accordance with the conditions of Article 7, for prototype/in-depth study finalists.
The Preselection and Voting phases are designed to: "select the best concepts and/or prototypes/in-depth studies that can potentially be developed at the end of the Challenge."
These concepts and/or prototypes/in-depth studies must comply with the requirements of Article 9, must always be related to the theme of "Mobile & Drivers" and to the Contest regulations described in the "Brief" and "Terms" tab of the page dedicated to the contest on the http://www.studyka.com/fr/challenges/aldautomotive site, hosted on the Contest's dedicated online platform developed by the Service Provider.
At the beginning of prototyping/in-depth study creation and as part of the Challenge, mentors (experts) from the Partner Company will be able to coach the teams for their project creation and presentations, ensuring that these projects are well within the Contest theme.
GENERAL CONTEST PROCEEDINGS
6.2 When the Challenge is launched Participants will register on the online platform, join or form a team and design concepts which will later be subjected to preselection by the Partner Company Jury, which will deliberate on the online platform.
Then the preselected concepts will remain in the Contest and become prototypes/in-depth studies (Prototyping/in-depth study phase).
A second Voting phase will be held to select the best 3 prototypes/in-depth studies.
2 Votes will then be held simultaneously:
- Partner Company Jury Vote (deliberation) for 2 prototypes/in-depth studies;
- Public vote (Partner Company employees, via "likes") for 1 prototype/in-depth study.
In the event that one of the three best prototypes/in-depth studies is voted for by both the Partner Company Jury and the Public, the 2nd prototype/in-depth study with the most Public "likes" will be automatically selected as one of the teams who will present their prototype/in-depth study at the Final Awards Ceremony.
During the Final Awards Ceremony, the 3 best prototypes/in-depth studies will be presented by the Finalist teams and submitted to the Partner Company Jury Vote. Finalists will only learn their definitive Ranking at the Final Awards Ceremony.
6.4 The different Contest dates and phases, from the beginning to its conclusion, are as follows:
- 14th of September, 2015: opening of the online platform
- 14th of September, 2015 to the 15th of November, 2015: constitution of teams, development of concepts on the online platform.
- 10th of November, 2015: Launch Ceremony at Ecole 42 (96 Boulevard Bessières, 75017 Paris). On the program: introduction by the Partner Company, initial concept presentations by participating teams, dialoguing sessions between teams and meetings with mentors.
- 17th of November: preselection of the 15 best concepts on the online platform.
- 18th of November to the 11th of December: Prototyping/in-depth study phase on the online platform.
- 15th of December: Voting on the online platform to select the best 3 prototypes/in-depth studies.
- 16th of December to the 8th of January, 2016: team preparation for their prototype/in-depth study presentation at the Final Awards Ceremony, via the online platform or in physical meetings.
- 12th of January, 2016: Final Awards Ceremony at the Tours Société Générale (17 cours Valmy, 92987 La Défense) with: a presentation of the prototypes/in-depth studies by the finalists, a final Ranking of the prototypes/teams and the distribution of awards.
The Launch Ceremony and the Final Awards Ceremony will be for both the Contest and the External Challenge. However, the two Challenges will not be confused in any way and will have no influence on each other.
ARTICLE 7 - PROCEDURES FOR THE PRE-SELECTION OF CONCEPTS, PROTOTYPING/IN-DEPTH STUDY AND VOTING PHASES
For the overall concept and prototype/in-depth study selection process, see Article 10 of these Regulations.
PRESELECTION PHASE FOR THE ENTIRE CONTEST:
7.1 The Preselection phase will take place via the specific online platform on the 17th of November, 2015 up until 11:59 pm.
7.2 Because of this all Participating teams must send their concepts for preselection via the online platform, no later than 11:59 pm on the 15th of November, 2015.
Their concepts should comprise:
- a presentation of the team drawn from the "preselection documents" downloaded from the http://www.studyka.com/challenges/aldautomotive
- the preselection document detailing the team's line of thinking, and available for download at http://www.studyka.com/challenges/aldautomotive
7.3 The Preselection of concepts from all Participating teams in the Contest will be conducted by the Partner Company Jury, based on the concepts that are sent in accordance with section 7.2 and Article 10 of the Regulations.
Following the preselection phase, a maximum of 15 teams will be selected by the Partner Company Jury to continue the Contest and to then develop prototypes/in-depth studies in the Prototyping/in-depth study phase.
Definition of a prototype: in the ALD Contest framework a prototype can be a mobile application, a website, a video concept.
Definition of an in-depth study: any other presentation that allows the submitted concept to be examined in more depth by the Partner Company Jury and which is retained during the preselection phase.
PROTOTYPING/IN-DEPTH STUDY PHASE
7.4 The Prototyping phase will run via the specific online platform between the18th of November, 2015 to 11:59 pm on the 11th of December, 2015.
7.5 All teams in the Contest must submit their final prototypes/in-depth studies to the Partner Company Jury by downloading them to a dedicated space hosted on the Contest's online platform, at the latest on December the 11th, 2015 at 11:59 pm.
7.6 The materialisation of a prototype or an in-depth study will follow the description in the prototype and in-depth study definitions outlined in section 7.3 of these Regulations.
7.7 Following the prototyping phase which is scheduled from November the 18th, 2015 to 11:59 pm on December the 11th, 2015, on December the 15th, 2015 the Voting phase for the best prototypes/in-depth studies will take place via the specific online platform, in preparation for a final Ranking and the Final Award Ceremony (rewarded by the Partner Company Jury) for the 3 finalists teams, on the 12th of January, 2016.
ARTICLE 8 – AWARD CEREMONY TERMS
8.1 Only three teams that have been selected by the Partner Company Jury and the Public (Partner Company employees) following the Voting phase on the 15th of December can be Finalists and thus be rewarded at the Final Award Ceremony.
8.2 The Final Award Ceremony will consist of an oral presentation to the Partner Company Jury, where each of the finalist teams presents their final prototypes/in-depth studies at the Tours Société Générale (17 cours Valmy, 92987 La Défense)
A Ranking of the 3 winning teams will be established on the basis of these prototype/in-depth study oral presentations, in accordance with Article 10.
Awards will also be presented to the winning teams in return for the delivery of their prototype/in-depth study (see Article 11 for details of Gifts and Awards).
ARTICLE 9 – PROTOTYPE/IN-DEPTH STUDY SPECIFICATIONS
9.1 The Concepts and prototypes/in-depth studies must comply with the "Mobile & Drivers" theme and the rules and guidelines the Partner Company has defined and communicated in the "Brief" tab on the dedicated Contest page on the <http://www.studyka.com/challenges/aldautomotive> website.
9.2 It is imperative that these concepts and prototypes/in-depth studies are communicated in a current digital format such as DOC/DOCX/PDF/PPT/PPTX/KEY/ODT/MP3/MPEG/MOV, and this for:
- the preselection phase of the 17th of November
- at the end of the prototyping phase on the11th of December
- no later than the 8th of January, 2016 for the Finalist teams
- concepts must be materialised as set out in section 7.2 of these Regulations.
- prototypes/in-depth studies must be materialised as set out in section 7.2 of these Regulations.
9.3 If concepts and/or prototypes/in-depth studies that are downloaded via the online platform are difficult or impossible to read, it is the responsibility of the Participant in team in question to remedy this before the current phase's delivery closure date for Concepts and/or prototypes/in-depth studies, and at the latest within three days from this date. After this time the team in question be disqualified from the Contest.
9.4 Participants guarantee that the Concepts and/or prototypes/in-depth studies are uniquely composed of contributions from members of their team. The existence of third-party contributions can result in the disqualification of all Participants from the team in question.
All photos or images used must be copyright free. The Organisers will not be held responsible in any case where works are used which third parties hold rights to.
ARTICLE 10 – SELECTION CHARTER
10.1 Three (3) selection phases will be held during the Contest:
- A concept preselection, organised at the end of the preselection phase (by the Partner Company Jury)
- Voting on a prototype/in-depth study (by the Partner Company Jury and in parallel by the Public) at the end of the Prototyping phase
- A final Ranking following the finalists' presentations of their teams' prototypes/in-depth studies (to the Partner Company Jury) at the Final Awards Ceremony.
10.2 Under no circumstances specific individual factors will be taken into consideration, such as the Participant's sex, appearance, religious, trade union or political opinions or sexual orientation. The selections are in absolutely no way the result of chance or luck, either directly or indirectly.
10.3 A Selection Jury composed of prestigious members of the Partner Company who have the necessary qualifications and skills to nominate particular concepts and/or prototypes/in-depth studies from those submitted by Participants will be responsible for:
- preselecting of up to 15 teams on the basis of the submitted concepts and/or prototypes/in-depth studies following the preselection phase.
- selecting 2 prototypes/in-depth studies on the basis of the received prototypes/in-depth studies during the Voting phase at the end of the prototyping phase.
Note that in parallel and during the same Voting phase, the Public (employees of the Partner Company) vote for 1 prototype/in-depth study.
In total, the three selected prototypes/in-depth studies will be presented at the Final Awards Ceremony and the three associated teams will be rewarded by the Partner Company Jury.
- determining the final Ranking of these three teams at the Final Awards Ceremony
Following the decisions from the 3 previously mentioned Voting phases, each preselected Participant or Finalist must reply to the email sent by the Service Provider which announces the preselection or selection of his team before the deadline indicated in this message. Failing this the Organisers reserve the right to disqualify the defaulting Participant Team.
10.4 The Preselection of concepts is dependent on the remote transmission of a minimum of 15 concepts which meet the Partner Company's editorial and technical requirements as defined in its Brief. The Partner Company will have the right to cancel the Contest if there are less than 8 concepts at the end of the Preselection phase.
Voting for the selection of prototypes/in-depth studies is dependent on the remote transmission of a minimum of 5 prototypes/in-depth studies which meet the Partner Company's editorial and technical requirements as defined in its Brief.
The teams' final Ranking is conditioned by the prior choice of 3 Finalist teams which meet the Partner Company's editorial and technical requirements as defined in its Brief.
ARTICLE 11 – GIFTS AND REWARDS
11.1 The Gifts and Rewards referred to in this Article are in consideration of:
- the delivery of a final prototype/in-depth study whose quality has been recognised by the Partner Company Jury and the Public, and then by the Grand Jury in the Final Awards Ceremony.
- each Winner's acceptance and respect of the provisions related to intellectual property in Article 12 of the Regulations;
- each Winner's acceptance and respect of the provisions related to citing Winners in Article 13 of the Regulations;
No Award can be presented to Winners who do not meet these three preconditions.
11.2 Any presentation of an Award to a Winner at the end of the Contest is dependent on the Winner's full compliance with the rules as set out in the Regulations
11.3 At the end of the final phase only the Winners of the 3 teams in the Final Jury's Ranking will be assigned an Award by the Partner Company Grand Jury.
11.4 One Award only will be assigned for each of the Winners of the 3 ranked teams.
11.5 Each Participant acknowledges and agrees that the Award may not give rise to any kind of dispute, nor a request to exchange it against its value in cash, or its replacement or exchange for another Award for any reason whatsoever. Awards are non-transferable and Participants are informed that the sale or exchange of Awards is prohibited.
11.6 If an Award that was originally planned is unavailable, the Partner Company is free to substitute an Award of a similar value, of the same/different brand, or at the sole discretion of the Partner Company provide its exchange value in cash.
11.7 Each Participant acknowledges and agrees that in no case the Partner Company will be held responsible for the malfunction of an Award or any harmful consequences suffered by the Winner or any third party due to the Award.
11.8 Each Participant acknowledges and agrees that the Partner Company is only responsible for providing the Awards for the Winners. By consequence all incidental costs relating to these Awards or overheads related to the entry into possession of these Awards will remain the Winner's responsibility. In this regard no defraying of costs or refunds will be owed.
11.9 The Winners will be notified of their Award via an email sent by the Service Provider to the address given when their account was opened on the website <http://www.studyka.com/challenges/aldautomotive>, within a maximum of 15 days after the date the Ranking is decided by the Partner Company Grand Jury. The Participant undertakes to comply with all directions given in this email. In the event that a Winner can not take possession of the Award within two (2) months from receipt of this email and for reasons beyond the control of the Partner Company, the Partner Company reserves the right to declare that the Award will not be attributed to this Winner.
11.10 According to the final Ranking established by the Partner Company Grand Jury, the Winners of the 3 teams will receive the following Awards, being understood that team No. 1 is considered to be the best:
Awards for team No. 1
For each team member: €4,000 per winner
Awards for team No. 2
For each team member: €2,000 per winner.
Awards for team No. 3
For each team member: €1,000 per winner.
ARTICLE 12– INTELLECTUAL PROPERTY
"Intellectual Property Rights" denotes any Invention, all rights and copyrights concerning a trademark, model, and more generally any element capable of being protected by laws or international conventions on intellectual property.
12.2 A collective work is composed of a concept and/or prototype/in-depth study in which several participants are involved.
12.3 Each Participant agrees not to disclose his team's Concept and/or prototype/in-depth study to any third party until the 31st of December 2016.
12.4 All prototypes/in-depth studies remotely transmitted on the ald.agorize.com site by Participating teams will be under the "Creative Commons Attribution License 3.0 France" Licence (the "License") in Annex 1 to these Regulations. For the correct understanding and interpretation of Annex 1:
- In the License the term "Offerer" denotes any Participant in the Contest;
- In the License the term "Works" denotes the concepts and/or prototypes/in-depth studies developed by Participants for the Contest;
- In the License the term "Acceptor" denotes the partner Company;
12.5 The Partner Company is therefore free to reproduce these Concepts and/or prototypes/in-depth studies, to distribute them, communicate them to the public, exploit, develop, and change them and to market the developments and adaptations.
In case of modification, adaptation or transformation of Concepts and/or prototypes/in-depth studies, the Organisers can only distribute the resulting derivative work within the terms of the License.
12.6 In order to participate in the Contest is must be fully accepted that Concepts and/or prototypes/in-depth studies transmitted by the Participants are placed under Licence. Participants acknowledge that they have read, understood and accepted the terms of the License in Annex 1 of these Regulations.
ARTICLE 13– CITING WINNERS
13.1 In the event that he is designated Winner of the Contest, each Participant authorises the Partner Company to use his surname, first name, city of residence and region, and if necessary his photograph, in any promotional event on the Service Provider and Partner Company websites and on any affiliated site or support, without this use entitling any claims for compensation other than the attributed Award.
ARTICLE 14 - REFUNDING PARTICIPATION FEES
14.1 Participants may obtain refunds for Internet connection fees incurred for participation in the Contest at the flat rate of 9 minutes connection for €0.66 including tax, as well as refunds for the postage required to make this claim and/or any written request to obtain the Regulations (based on the current standard rate for 20g).
14.2 Participants with an Internet connection whose subscription fee is not proportionate to the connection time ("unlimited" subscriptions, cable, DSL etc.) will not be entitled to any refund, as their participation in the Contest does not involve additional charges for them.
14.3 All refund requests must be made in writing before the 31st of May, 2016 (postmarked date), to the following address:
34 rue du Faubourg Saint Antoine
Refund requests may not be made by phone or email.
14.5 It is imperative that the refund request includes the following information, under penalty of rejection:
- the Participant's full details (name, address, postcode, city and email address);
- a Bank Account Identification Document or Postal Identity Document;
- the specific request for obtaining the Regulations and the refund for the stamp used at the aforementioned tariff where appropriate;
- where appropriate, the specific connection fee refund request with the dates, times and duration of the connection to the Contest site for participation in the Contest and the itemised bill of the telephone operator and/or access provider he subscribes to which shows the date and time of his connection to the Contest site for the given period, which he will take care to highlight.
14.6 All refund requests which are incomplete, inaccurate or made after the deadline will be denied.
14.7 Each participant may only send a single refund request.
14.8 After verification of the validity of the request the refund will be effectuated by bank transfer to the account specified in the request, within a time-limit at the full discretion of the Organisers.
ARTICLE 15 – LIABILITY
15.1 The Service Provider's and Partner Company's liability shall not be engaged if there is any failure or malfunction of the telecommunications network that is used, whatever the cause, and which could interfere with or prevent the Participant's access or identification on the agorize.com website or any other website that is useful for participation in the Contest.
15.2 Participation in the Contest implies that the characteristics, limitations and risks of the Internet and its related technology are known and accepted, particularly in relation to performance, response time, software and hardware security in the face of various potential attacks such as viruses, logic bombs or Trojan horses, and the loss or misappropriation of data. Consequently, the Organisers may not be held liable under any circumstances for damages caused by the Participant as a result of these accepted characteristics, limitations and risks.
15.3 The Organisers may not be held liable under any circumstances for damages caused by the failed or delayed delivery of Concepts and/or prototypes/in-depth studies, including the refusal to take into consideration these Concepts and/or prototypes/in-depth studies due to a submission arriving after the Regulation's deadlines, by the failed or delayed delivery of any email sent to the Contest, or by any alteration to a Concept and/or prototype/in-depth study that is not caused by the Organisers.
15.4 The Organisers will not be held liable for any total or partial modification, suspension, interruption, postponement or cancellation of the Contest for reasons beyond their control. In such an event the Participants will be informed by the Service Provider as soon as possible by a statement on the http://www.studyka.com/challenges/aldautomotive website.
15.5 The Organisers can not be held responsible for the consequences of a Participant's disqualification due to his violation of the Regulations.
15.6 The Service Provider shall not be held liable for any disorder, any action, claim, opposition or complaint related to the use of Concepts and/or prototypes/in-depth studies by the Partner Company which are not provided for in the Regulations or which are related to the negotiation, conclusion or execution of contracts that the Partner company may sign with the Participants, as the Service Provider was not directly involved.
15.7 The Organisers shall in no case be held liable for the Award delivery deadline, or for the impossibility of the Winner claiming his Award for reasons beyond the Organiser's control. In particular the Organiser's liability will not be engaged for any loss and/or damage to the Award by the Post Office or any similar third party service provider, and more generally if the Winner does not receive the Award. The Organisers can not be held liable in the event of accident or injury of any nature that may occur due to the enjoyment of the Award and/or its use.
ARTICLE 16 – CONFIDENTIALITY
16.1 Within the meaning of this provision, "Confidential Information" constitutes all the material and immaterial information of any kind, including administrative, commercial, scientific, technical, financial, taxation, legal or economic, that has been, is, or will be provided to the Participant by the Partner Company, either directly or indirectly, including but not limited to oral information, written information in all formats and the delivery of paper or electronic documents.
What does not constitute Confidential Information: (i) information currently available or becoming available to the public without the Participant breaching the terms of the Regulations, (ii) the information lawfully held by the Participant prior to its disclosure by the Partner Company, (iii) information which does not result either directly or indirectly from the use of all or part of the Confidential Information, (iv) information obtained legitimately from a third party who is authorised to transfer or disclose this information.
16. 2 As laid down in Article 6, for the duration of the Contest and for a period of five (5) years after the end of the Contest the Participant undertakes:
(i) not to use the Confidential Information for purposes other than participation in the Contest respecting the Regulation's conditions;
(ii) to take every precaution that is necessary, useful and reasonable to protect the Confidential Information;
(iii) not to disclose Confidential Information to any person by any means whatsoever, except to other team members;
16.3 At the end of the Contest, at either the end date as specified in Article 6 or due to its cancellation, the Participants shall immediately destroy or deliver all Confidential Information they have obtained during the Contest to the Partner Company, whatever the information format. The Participant is forbidden to keep a copy in any form whatsoever, except with the Partner Company's express prior written consent.
ARTICLE 17 – FREEDOM OF INFORMATION
17.1 Participation in the Contest requires the Participant to disclose the personal data referred to in Article 4.
17.2 This data can be modified by the Participant at any time.
17.3 The data referred to in this Article is subject to automated processing in accordance with Act No. 78-17 from the 6th of January, 1978, and for which the Service Provider, and possibly the Enterprise Partner, are the only parties who can define its means and purpose. As such they are responsible for its processing in accordance with the previously mentioned Act.
The purpose of this treatment is:
- to organise mediation between the Participant and Partner Company;
- to ensure the identification, disclosure and conservation of exchanges with the Participant;
- to perform anonymous market research by the Service Provider or a third-party.
17.4 The recipients of this data are the Service Provider and the Partner Company.
17.5 In accordance with Act No. 78-17 from the 6th of January, 1978, the Participant is informed that this personal data processing has been declared to the National Commission for the Freedom of Liberties and a receipt has been issued under the number 1495245 v 0.
The Service Provider is henceforth committed to protecting all personal data of the individuals in question, this data will be collected and processed by the Service Provider in the strictest confidentiality in accordance with the Act from the 6th of January, 1978.
17.6 In accordance with Articles 38, 39 and 40 of Act No. 78-17 from the 6th of January, 1978, at any time the Participant has the right:
- to oppose the collection and processing of his personal data by the Service Provider;
- to oppose the communication of this data to third parties;
- to access all of their personal data processed by the Service Provider;
- to correct, update and delete their personal data processed by the Service Provider.
To exercise these rights under Act No. 78-17 from the 6th of January, 1978, the Participant must send a registered letter with acknowledgement of receipt that clearly states his identity and the purpose of his request to:
34 rue du Faubourg Saint-Antoine
17.7 Regarding the potential installation of cookies on the Participant's computer during his navigation on the Service Provider's site, the Participant is invited to consult the Contest Regulations and Conditions on the agorize.com site which he must accept prior to opening the account that is required to enter the Contest
ARTICLE 18 – THE REGULATIONS
18.1 Participation in the Contest and the attribution of an Award requires the full and complete acceptance and respect of the Regulations in their entirety. The Organisers reserve the right to disqualify any Participant who does not satisfy this provision, without notice or compensation.
18.2 The Organisers reserve the right to modify the provisions of the Regulations at any time including the duration of the Contest, without the application or the validity of these changes requiring that the Participant be notified. The Participant is invited to regularly consult the Regulations. The Participant expressly waives any claim or dispute relating to any amendment to the Regulations made by the Organisers.
18.3 The Regulations are filed via www.reglement.net at the SCP Bornecque Winandy - Bru Nifosi, Associated Bailiffs, 15, Passage du Marquis de la Londe- 78000 - Versailles. They are available for consultation at http://www.studyka.com/challenges/aldautomotive
A copy of these Regulations may be sent free of charge, and with a refund of the postal fees used under the conditions of Article 14, to anyone who requests the Service Provider for a copy by letter, to the following address:
34 rue du Faubourg Saint-Antoine
ARTICLE 19 – CANCELLATION AND SUSPENSION OF CONTEST
19.1 The Partner Company reserves the sole discretion to cancel or suspend the Contest in the event of:
- force majeure;
- fraud of any kind whatsoever;
- in the case covered by Article 10.4.
19.2 The Organisers will not be held responsible for any cancellation or suspension of the Contest in accordance with this Article and no indemnity or compensation will be owed to the Participant.
ARTICLE 20 – INDEPENDENCE
20.1 In no way does registration and participation in the Contest have an effect of creating a relationship of subordination between the organisers and the Participant.
ARTICLE 21 – CLAIMS
21.1 All Participant's claims must be sent in writing not later than 30 days after the Contest end date.
21.2 Claims concerning the operation of the ald.agorize.com website must be made in writing to the following address:
34 rue du Faubourg Saint-Antoine
21.3 Claims concerning the proceedings of the Contest and sending of Awards must be made in writing to the following address:
34 rue du Faubourg Saint-Antoine
21.4 At the risk of being rejected any claim must include:
- the Participant's full details (name, address, postcode, city and email address);
- an identification of the Contest in question;
- a clear and detailed presentation of the reasons for the claim.
ARTICLE 22 – PREREQUISITE CONCILIATION
22.1 In the case of persistent dispute after the Participant has made a claim under Article 22, the Organiser and the Participant agree to submit their dispute to an amicable conciliation before any legal proceedings.
22.2 The party wishing to initiate the conciliation will inform the other party by registered letter with acknowledgement of receipt in which it will make its intentions known and specify the cause.
22.3 If no agreement is reached between the parties within 30 days following receipt of the registered letter, the parties will regain their freedom of action within the limits of Article 23 of the Regulations.
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.
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