Challenge rules

 Sensory Challenge rules

This Challenge is sponsored by ORPEA S.A, having a capital of 80 800 093,75€, registered at the Trade Registry of Nanterre with the number 301 160 750, located 12 RUE JEAN JAURES 92800 PUTEAUX, FRANCE (the “Sponsor”). 

The aim of these Rules is to set out the terms and conditions governing your participation in the Challenge. By registering for this Challenge, you fully and unconditionally agree to comply with these Rules. If you do not agree with any of these Rules, do not register for this Challenge and do not submit an entry.

1.TERM

In case of non-respect of these Rules, the Participant will be immediately disqualified from the Challenge and no prize will be awarded, nor may claim for any compensation whatsoever.

3.REGISTRATION AND PARTICIPATION IN THE CHALLENGE 

To take part in the Challenge, we must have received Your completed registration by 15th of May 2022 23:59pm. 

To register, the Participant must first have created a user account on the Challenge website, and must have truthfully and accurately completed required information, such as full name, email address, etc.  

Any registration based on inaccurate, false or incomplete information will result in the Participant’s disqualification. Refusing collection, recording and use of their personal data that is strictly necessary to performing the Challenge will result in the Participant’s disqualification. The Participant is solely responsible for the information he/she provides while its registration. Any intentional or non-intentional mistake, anomaly or inconsistency, regarding this information, may result in the Participant’s disqualification. Sponsor reserves the right to proceed all necessary verifications regarding the Participant’s identity, postal and/or email address. 

Deletion of a Participant’s user account on the Challenge website will be deemed as a withdrawal from the Challenge. In this case, the Participant, regardless of whether the deletion results from the Participant’s personal act or not, will not participate in the Challenge, and will not give rise to any compensation whatsoever. 

To be enrolled in the Challenge, You must have accepted the Rules as well as the Terms of Use and the Privacy Policy, during the creation of Your user account and Your registration to the Challenge.  

Registration for and participation in the Challenge is free, with no purchase or payment obligation.

4.ELIGIBILITY

This Challenge is open and offered solely to:

Registered companies describes hereafter as “start up”. A business entity, regardless of its business area. Companies may be required, in Sponsor’s sole discretion, to provide proof of (i) company registration by submitting a registration certificate issued within the last three (3) months, or ongoing company registration, or any trade registry and proof ensuring the registration of the entity in the relevant country, and (ii) a valid professional insurance policy subscription certificate. All the documents confirming the Participant’s eligibility will be required prior to awarding any prizes (e.g. identity document, registration certificate etc.). This Challenge is not open to employees and representatives of the Sponsor nor Agorize or the members of their families. This Challenge is void in countries where it is prohibited or restricted by law.

5.PURPOSE OF THE CHALLENGE AND PARTICIPATION 

Participation in the Challenge must be either as a unique startup (Startup Solo), or as multi startups (Startup Consortium) hereinafter referred to as the “Participants”.

Participants enter the Challenge on behalf of their legal business organizations. During the registration process, each Participant must designate one individual who is part of their company for contact purposes with the Sponsor. In case of a Startup Consortium, the Participant will designate one individual representing the Startup Consortium. This person will be responsible to register the Startup at the Challenge and to represent the Startup during the Challenge. As a Startup participating in this Challenge, You represent and warrant to the Sponsor that such person (i) is an authorized representative of the Startup and is participating in the Challenge on behalf of such company, and (ii) has obtained all necessary approvals to enter the Challenge, including all persons qualified to grant any intellectual property rights to Sponsor. 

The goal of the Challenge is for Participants to submit contributions (or projects) meeting the requirements determined by the Sponsor in the Challenge brief, and that are formalized by deliverables. The brief includes information regarding various deadlines, details of the prizes, Sponsor requirements, etc. (the “Brief”). The Brief is accessible through the Challenge website. 

6.DELIVERABLES

During the Challenge, Participants will upload any documents or other materials (such as texts, presentations, videos, etc.) relating to their project on the Challenge website in response and as a solution to the Sponsor’s Challenge (the “Deliverable(s)”). 

To be eligible, Deliverables must (i) address the specific issue set out in the Brief, (ii) be in a common digital format, such as, DOC, DOCX, PDF, PPT, PPTX, KEY, ODT, MP3, MPEG, MOV, MP4, and (iii) be in English , and in general terms must comply with these Rules. 

If a Deliverable cannot be downloaded by the Sponsor, is not in the right format or is incompatible, illegible, or unintelligible, the Deliverable will be disqualified. 

By submitting a Deliverable, Participants represent and warrant that: 

-The Deliverable exclusively includes contributions from a Solo Startup or Consortium Startup.
-Otherwise, if any content from a third party has been used in the development of the Deliverable, all rights, authorizations, certificates, and agreements necessary to submit the Deliverable and grant the rights mentioned herein have been obtained. In addition, the existence of uncredited third-party contributions in the Deliverable will result in the disqualification of the Deliverable and the related Participants; In any cases above mentioned, the Participants guarantee and shall hold harmless the Sponsor from any actions from a third party that may be intended against him.
-No other individual and/or entity is entitled to claim any rights from the use of the Deliverable; and 
-The content of the Deliverable does not and will not infringe or violate any rights of any third party or entity, including, without limitation, intellectual property rights, privacy, competition law, confidentiality, or any contractual or extracontractual right. All Deliverables suspected of any law(s) and/or any third party’s right infringement will be ineligible. In any cases above mentioned, the Participants guarantee and shall hold harmless the Sponsor from any actions from a third party that may be intended against him. 

Participants are responsible for and shall bear any costs or expenses associated with preparing and submitting Deliverables. Participants assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Deliverables. 

7.CHALLENGE PROCESS 

Challenge Rounds. The Challenge consists in several rounds:  

Round One. Deliverables will be accepted from 5th of April 2022 at 1pm to 15th of May 2022 at 23:59pm. At the end of this Round, up to 20 winning Deliverables will be selected to proceed to Round Two.
Round Two. Deliverables will be accepted from 23th of May 2022 at 1pm to 19 th of June 2022 23:59pm. At the end of this Round, up to 5 winning Deliverables will be selected to proceed to the Final Round.
Final Round. Participants will be asked to record a quick pitch video to be viewed by the final jury ahead of the final.  

Deliverable. If a Participant does not upload a Deliverable on the Challenge website before the deadline hereinbefore stated, it will be considered as a withdrawal from the Challenge. Hence, the Participant is considered as not joining the Challenge, and may not claim for any compensation of any sort from the Sponsor in such circumstances. 

Selection Criteria. Deliverables will be judged according to the Selection Criteria, described below. You agree and acknowledge that the Challenge relies on your creativity, capacity, ability, and ingenuity to solve difficult problems. The Challenge does not depend, even partially, on chance or luck, and therefore should not be considered as a lottery. Under no circumstances are factors such as appearance, religion, membership in a trade union, political opinions or sexual orientation considered. 

Notification to Participants. Once the selection of the Deliverables has been completed, Participants will be notified by email, phone, or by other means, at Sponsor’s discretion, of the results of each Round. The Sponsor 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. The ranking of the Deliverables decided by the final jury will be announced on the day that presentations are made and will identify the Participants that are finalists.

A.Round One
All the Deliverables for Deliverables must be received by the Sponsor on or before 15th of May 2002 23:59pm. Deliverables must meet the specifications set out in Section 6, above, and include:  

-An introduction of the Participant and its proposed multi sensory solution based on the questionnaire to be filled in You participation area, accessible through Your user account.

Criteria based voting
“Criteria based” voting will take place from 16th April 2022 to 20th May 2022.
The voters being Sponsor members (the “Voters”) will evaluate and select the Deliverables based on their content and the following criteria: 
-Multi-sensory/ immersive experience
-Innovative experience
-Past experience 
-Technical Capability

Except as otherwise provided below, the up to twenty (20) Participants with the highest score at the end of this vote will win this vote and proceed to the next round. 

B.Round Two

All the Deliverables for Round Two must be received by the Sponsor on or before 19th of June 2022 23:59pm.

Round Two Deliverables must meet the specifications set out in Section 6, above, and include: 
-A storyboard PPT format – template to be downloaded on the challenge website

-Proposed business model 

Criteria based voting

“Criteria based” voting will take place from 8th June to 15th June

The will evaluate and select the Deliverables based on their content and the following criteria: 
-Resident benefit, 
-Cultural fit,
-Feasibility in the facilities,
-Economic viability,
-Timeline to prototype readiness

This Deliverable will be used as a presentation document during the oral presentation given by the Participants involved in the Project. 
The oral should last 5 min and then be followed by 10 min of Q&A. 

At the end of the Final Round, the jury will choose the winning projects and will rank the three (3) finalists. 

8.PRIZES 

The prizes to be awarded to Challenge winners are subject to the followings. They are awarded to the winners of the Challenge and are subject to compliance with the following cumulative conditions: 

-The Deliverables comply with Section 6 (“Deliverables”);
-Each Participant of a winning project complies with Sections 9 and 11;
-It can be proven that the winning Participants fulfill the conditions of eligibility of Section
-Each Participant complies with these Rules.

No prize will be awarded to winners who do not fulfill the above. 

[Subject to these Terms and Conditions, once confirmed by Sponsor, the winner(s) will receive the following: 

-Grand Prize: Accompaniment and support of ORPEA teams for the deployment of the solution with a POC in ORPEA facilities in 2 or more countries. representing a value up to 10 k €)

-Second Place Prize : Accompaniment and support of ORPEA teams for the deployment of the solution with a POC in ORPEA facilities of 1 country or more.  (representing a value up to 5 k €)

-Third Place Prize : Mentoring for the co-development of the project or solution for a duration up to 3 months)

No assignment or transfer of prizes is allowed by a winner. If a potential winner cannot be reached, is unable to accept the prize or any portion of the Prize for any reason, Sponsor shall have no further obligation to such potential winner. Winners will accept the prize “as is”. Sponsor disclaims any warranty regarding the Prizes. In the event a Participant (a winner) cannot be reached, by email or by phone, for more than three (3) months after the first attempt to reach him was made, the Participant will be deemed as having waived its right to claim the Prize and will not be entitled to any prize or any kind of compensation.  

If the Prize as initially planned is unavailable, Sponsor will be free to substitute another prize of similar value. Any such decision is at Sponsor’s sole discretion. Any Participant who does not fulfill the conditions of Participation as provided in the Rules during its registration and/or at any time during the Challenge will be summarily disqualified from the Challenge without prior notice and will not be entitled to any prize. In the assumption that a prize is awarded to a Participant who does not meet the conditions of Participation when registering or throughout the duration of the Challenge, Sponsor reserves the right to require the Participant to return the awarded Prize.

COMMUNICATION 

The Participant acknowledges and consents that Sponsor may, throughout worldwide and for the duration of the Challenge and for a period of one (1) year following the Final Round use the Challenge for publicity, including for Sponsor’s advertising or other marketing purposes, (by any means and through any format (website, advertising banners, social networks, newsletter, press release) now known or unknown to date, free of charge or for a consideration. 

In particular, You consent the use, by Sponsor, of your name and surname, your city and region of specialised facility, the name of the institution in which you studied or in which you obtained your diplomas and other biographical information, your image, the information regarding the Prize (if you are a winner), the name of your company and its distinctive signs (if you are a Startup) and any other personal data that you submit with your Deliverables as well as the content of your Deliverables relating to the Challenge. 

As an example, each Participant authorizes the Sponsor using the photographs taken during the Final Round to disseminate them via any communication medium.

Such use does not entitle the winner to any payment. The Sponsor agrees to cease using the aforementioned elements in connection with the Participant at the end of the aforementioned period.

9.CONFIDENTIALITY

Sponsor will  keep the submitted information confidential, except for information publicly available which are not considered confidential.If you are a Prize winner, Sponsor may request that you execute a confidentiality/non-disclosure agreement for the purpose of entering into negotiations regarding the further development of your Project, as described in your Deliverable.  Such confidentiality/non-disclosure agreement will be directed to your Deliverable and all intellectual property that it may contain.

Furthermore, Participants acknowledge that Sponsor may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the information contained in any of the projects. Accordingly, nothing herein shall prohibit Sponsor from independently acquiring, developing, or having developed for it, products, concepts, systems, services, or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in any the Deliverables. The Participants recognize that other Participants, individuals or entities may have provided Sponsor or others, or made public, or may in the future submit, or make public, content that is the same or similar to any piece of information contained in any of the projects. Hence, the Participants acknowledge, agree and accept that Sponsor shall have the right to use such same or similar materials, and that the Participants will not be entitled to any compensation arising from Sponsor’s use of such materials.

10.INTELLECTUAL PROPERTY

Definitions. For the purposes of this section, 

-"Intellectual Property Rights" refers to any copyright or other rights over a brand, a design or a model, a patent and, more generally, any element, (including trade secrets and know-how), that may be protected by national and/or international laws or conventions on intellectual property (“Intellectual Property Rights”)

-“Previous Rights” refer to any Intellectual Property Rights and/or any associated know-how held by the Participants before the start date of the Challenge (“Previous Rights”)  

-“Creations” refer to any software (including source and object code software), database, technical specifications, text, design, model, information, knowledge, method, process or product, as well as any resulting elements and/or processes likely or otherwise to be protected according to national and/or international laws or conventions on intellectual property developed by any Participant as a part of any submitted deliverable throughout the Challenge (“Creations”).

Liability. Sponsor cannot be held liable for any infringement of the above provisions by Participants. Each Participant shall hold harmless and indemnify the Sponsor against any disturbance, action, claim, opposition and demand or eviction attempt from any third party in connection with any Creation in the Deliverables (Intellectual Property Rights included).

By submitting a Deliverable and participating in this Challenge, You are not granting Sponsor any rights to any intellectual property supporting all of part of the Deliverable and Sponsor makes no claim to ownership of Your Deliverable or any intellectual property that it may contain. 

 11.MODIFICATION OF RULES, SUSPENSION AND CANCELLATION OF THE CHALLENGE

Update of the Rules. The Sponsor reserves the right to amend these Rules at any time, including the Challenge duration in case of operational imperatives, without prior notice to Participants regarding the enforcement or the validity of these amendments.  Participants are encouraged to consult these Rules regularly. Participants expressly waive all claims or disputes related to any amendment to these Rules by the Sponsor. 

Should any paragraph of these Rules be declared or judged illegal, unenforceable or void by a court decision, the paragraph in question will be considered null and void, but all other unaffected paragraphs will be enforced within the limits of the law.

Challenge Cancellation or Suspension. The Sponsor reserves the right in its discretion, to (i) cancel, terminate, modify or suspend the Challenge and these Rules, for any reason, at any time and without any liability, and (ii) to limit or restrict participation in the Challenge. The Sponsor will not be held liable for the modification, cancellation or suspension of the Challenge and no compensation or remuneration will be due to the Participants.

12.LIMITATION OF LIABILITY

The Sponsor will in no way be held liable in the event of breakdown or failure, regardless of the cause, of any telecommunications network used that causes Participants difficulty in or prevents Participants from identifying themselves on or gaining access to the Challenge website.
Each Participant agree that the Sponsor, its affiliates and all of their respective officers, directors, employees, contractors, representatives and agents (“released parties”) will have no liability whatsoever for, and will be released and held harmless by Participants for any claims, liabilities, or causes of action of any kind or nature for any injury, loss or damages of any kind including direct, indirect, incidental, consequential or punitive damages to persons, including without limitation disability or death.  Without limiting the foregoing, everything on the Challenge website and in connection with the Challenge is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Participation in the Challenge implies acknowledgment and acceptance of the characteristics, limits, and risks of the internet and related technologies, particularly with regards to performance, response time, security of software and computer equipment against various potential attacks, such as viruses, logic bombs or Trojans, and loss or misuse of data. As a result, the Sponsor will not be held liable in any way for any damage incurred by the Participants arising from these characteristics, limits and risks, which Participants accept by registering and taking part in the Challenge.
The Sponsor will not, in any case, be held liable for damages resulting from faults with or delays in the submission of Deliverables by Participants, including refusal to accept these Deliverables as a consequence of their submission outside the deadlines set out in the Rules, from faults with or delays to the sending of any emails by the Participants sent as part of the Challenge, or from any alterations made to the Deliverables independently of the Sponsor.

The Sponsor will not, in any case, be held liable for damages resulting from services provided by a third party relating to the Prizes.
The Sponsor will not be held liable for the consequences of a Participant’s disqualification from the Challenge as a result of its violation of these Rules.

13.PERSONAL DATA PROTECTION 

Participation in the Challenge requires the communication of the Participant's personal data ("Personal Data").
Participant’s personal data is subject to processing within the meaning of the regulations on the protection of personal data (The EU 2016/679 General Data Protection Regulation and the Council of 27 April 2016, known as “GDPR”) for which the Sponsor defines the purposes and means and is, as such, “Data controller” within the meaning of the GDPR.
The purposes of the processing are: 

-To meet the organization of the challenge needs 
-To organize the intermediation between the Participant and the Sponsor, to ensure identification, communication and preservation of the exchanges with the Participant

In accordance with the provisions of the GDPR, the Sponsor undertakes to implement organizational and technical security measures in order to protect all Participant’s Personal Data. The Sponsor undertakes to allow the exercise of their rights from GDPR.

14.CLAIMS 

Any Participant’s claims arising from the Challenge should be addressed no later than thirty (30) days following the Challenge end date to help@agorize.com. All claims must include: (i) the Participant’s complete contact details (name, address, email address and phone); (ii) the name of the Challenge; and (iii) a clear and detailed explanation for the claim.

15.APPLICABLE LAW AND DISPUTES RESOLUTION
 
The Challenge and any action related thereto shall be governed by the law applicable of France.
In case of persistent litigation beyond a period of fifteen (15) days after the Participant has filed a claim, the Sponsor and the Participant undertake to submit their dispute to an amicable conciliation prior to any legal proceedings. The party wishing to initiate conciliation shall inform the other party by means of a registered letter with acknowledgment of receipt in which it will inform of its intentions and will explain the cause. If no agreement is reached between the parties within thirty (30) days after receipt of the registered letter, the parties regain their freedom of action.
In case of persistent disagreement on the application or interpretation of the Rules, and in the absence of an amicable settlement, any dispute that may arise between the parties, will be subject to the exclusive competent jurisdiction of the Court of Appeal of Paris to which the parties expressly grant jurisdiction, even in the case of multiple defendants, in summary proceedings, appeal by guarantee or by motion. or any other jurisdiction.

16.Legal deposit 

The regulations are filed via www.reglement.net, at SELARL 812 - HUISSIERS, associate bailiffs, 305 Chemin des Arcades, 6 bis Residence Fontvieille, 13100 Aix en Provence. The regulations may be amended at any time in the form of an amendment by the Sponsor, in compliance with the conditions set out, and published by online advertisement on the Challenge website. The amendment is registered with the SELARL judicial officers associated with the depository of the regulation before its publication. It shall come into force as from the date it is put online and any Participant shall be deemed to have accepted it simply by virtue of his participation in the , as from the date on which the amendment comes into force. Any Participant who refuses the modification(s) must stop participating in the . The rules are sent free of charge to any person by sending a written request by post before the closing date of the game to the following address: AGORIZE - 15, rue Béranger - 75003 PARIS.

The full rules can also be viewed online on the website.