TERMS AND CONDITIONS

INVIVO GLOBAL QUEST 2021-2022 COMPETITION 

(the “Competition”)

This Competition is organised by INVIVO GROUP 83, avenue de la Grande Armée 75 782 Paris Cedex 16 FRANCE, a French company registered with the Trade and Commerce Registry of Paris under the number 801 076 282  (the “Promoter” or “We”).

Please read these terms and conditions (“Rules”) carefully.

1. TERM / COMPETITION TOPIC

This Competition begins on 1 August 2021 at 3PM CET and ends on 31 May 2022 at 8PM [CET]. The Competition will be accessible 24 hours a day on the dedicated Competition website operated by the Promoter’s partner NOVADOXE (A French company registered with the Trade and Commerce Registry of Nanterre under the number 793 843 822 / Headquarters : 191-195 Avenue Charles de Gaulle Bâtiment B1, 92200 Neuilly sur Seine, France) at https://invivoglobalquest.com (the “Competition website”), subject to possible IT maintenance operations and malfunctions. Dates and times in these Rules refer to Central European Time (CET).

 The Competition will be divided in 7 topics (the “Topics”) :

  • “Protect : Focus on Crop Care” 
  • “Optimize : Focus on high-precision agriculture resources management” 
  • “Regenerate : Focus on soil health” 
  • “Valorize : Focus on bioeconomy”
  • “Restore : Focus on the restauration and valuation of biodiversity” 
  • “Process : Focus on innovations related to food processing, new ingredients and traceability”
  • “Distribute : Focus on innovations in the retail sector (food and gardening)” 

2. AGREEING TO THE RULES

Any eligible company, which is registered on the Competition website and enrols to participate in the Competition (“Entrant” or “You”), is required to review and accept these Rules. By accessing and accepting these Rules, You:

  • enter into a valid and enforceable contractual relationship with Promoter regarding participation in the Competition. The registration and enrolment in the Competition do not set up any subordination relationship between the Promoter and the Entrant, and
  • fully and unconditionally agree to comply with these Rules. Entrants express their agreement by checking an online box upon registering for the Competition.

In case of non-compliance with these Rules, the Entrant will be immediately disqualified from the Competition and no prize will be awarded. 

3. REGISTRATION AND PARTICIPATION IN THE COMPETITION

To take part in the Competition, We must have received your completed registration (including the Deliverables) at the latest on the following dates, depending on the selected Topic, :

  • “Protect : Focus on Crop” : at the latest on 20 September 20 2021
  • “Optimize : Focus on high-precision agriculture resources management” : at the latest on 12 October2021
  • “Regenerate : Focus on soil health”  : at the latest on 10 November 10 2021
  • “Valorize : Focus on bioeconomy”: at the latest on 6 December  2021
  • “Restore : Focus on restoring and development of biodiversity” : at the latest on  15 January 2022 (the exact date may be modified and will be communicated to Entrants via the Competition website)
  • “Process : Focus on innovations relating to food processing, new ingredients and traceability”: at the latest on 15 February (the exact date may be modified and will be communicated to Entrants via the Competition website)
  • “Distribute : Focus on innovations in the retail sector (food and gardening)” : at the latest on 15 March 2022 (the exact date may be modified and will be communicated to Entrants via the Competition website)

To register, the Entrant 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 Entrant’s disqualification. Refusing collection, recording and use of data that is strictly necessary to performing the Competition will result in the Entrant’s disqualification. Entrant is solely responsible for the information it provides during the Competition. Any intentional or non-intentional mistake, anomaly, or inconsistency, regarding this information, may result in the Entrant’s disqualification. Promoter reserves the right to proceed all necessary verifications regarding the Entrant’s identity, postal and/or email address or any other information.

You must also have accepted the Rules as well as the Terms and Conditions of Use and the Privacy Policy, during the creation of your user account and your registration to the Competition.

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

4. ELIGIBILITY

This Competition is open solely to private business entities, regardless of their business area, which are considered as start-ups as defined below. 

Eligible start-ups are defined as innovative companies which may or may not already have a commercialized product or service.

Start-ups may be required, to the Promoter’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.

All the documents that may confirm the Entrant’s eligibility will be required prior to awarding any prizes (e.g. identity document, registration certificate etc.).

This Competition is not open to: 

  • Self-employed, free-lancers, teaching entities (universities, etc), liberal professions ,
  • Employees and representatives of the Promoter and its partner NOVADOXE.

 Only one entry per Entrant and per Topic will be accepted.

This Competition is void in countries where it is prohibited or restricted by law.

5. PURPOSE OF THE COMPETITION AND PARTICIPATION

During the registration process, Entrants must designate one individual who is part of the company for contact purposes with the Promoter. This person will be responsible for registering the company at the Competition and participating in the Competition on behalf of the company. As an Entrant participating in this Competition, You represent and warrant to the Promoter that such person (i) is an authorized representative of the Entrant and is participating in the Competition on behalf of such company, and (ii) has obtained all necessary approvals to enter the Competition, including all persons qualified to grant any intellectual property rights to the Promoter.

The goal of the Competition is for Entrants to submit contributions (or projects) meeting the requirements determined by the Promoter on the Competition website, and that are submitted in the following forms :

  • Answers to the online form available on the Competition website ;
  • Answers to follow-up questions which may be sent by the Promoter by email, regarding Your project, Your turnover, Your main competitors, etc  ;
  • Deliverables, as defined below.  

6. DELIVERABLES 

During the Competition, Entrants may upload any documents or other materials (such as texts, presentations, videos, etc.) relating to their project on the Competition website in response and as a solution to the Promoter’s Competition (the “Deliverable(s)”) and as defined in Article 7.

To be eligible, Deliverables must (i) address the specific Topic of the Competition, (ii) be in a common digital format, such as, DOC, DOCX, PDF, PPT, PPTX, KEY, ODT, MP3, MPEG, MOV, MP4, and should not exceed 10MB and (iii) be in English and in general must comply with the Rules.

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

By submitting a Deliverable, Entrants represent and warrant that:

  • The Deliverable includes exclusively contributions from the Entrant itself;
  • Otherwise, if content from a third party has been used in the development of the Deliverable, all rights, authorizations and agreements necessary to submit the Deliverable and grant the rights mentioned herein have been obtained. The existence of not credited third-party contributions in the Deliverable will result in the disqualification of the Deliverable and the related Entrant(s);
  • 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 violating any law(s) and/or any third party’s right will be ineligible.

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

7. COMPETITION PROCESS

The Competition consists of two steps : 

7.1 Selection by the Promoter 

Deliverables will be accepted during the periods listed in Article 3 above.

At the end of Round One, up to 8 winning Entrants per Topic will be selected to proceed to Round Two.

Deliverable. If an Entrant does not upload a Deliverable on the Competition website before the deadline, this will be considered as a withdrawal from the Competition. The Entrant may not obtain any compensation from the Promoter.

Selection Criteria. Entries will be judged according to the Selection Criteria, described below. You agree and acknowledge that the Competition relies on your creativity, capacity, ability, and ingenuity to solve difficult problems. The Competition 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 of a trade union, political opinions or sexual orientation considered.

All Round One Deliverables must be received by Promoter on or before the above-mentioned deadlines. Deliverables must meet the specifications set out in Section 6, above, and include at least : 

  • A 10 slides presentation of their Project produced, in PPT or PDF format.
  • An executive summary slide, using the template provided by InVivo Quest.

Other Deliverables may be uploaded on the Competition website.

The Promoter will evaluate and select the Deliverables based on their content and notably on the following criteria (the “Selection Criteria”):

  • Innovation: How innovative is the solution in its use of new or existing technology to solve a problem related to the selected Topic ? Are there other solutions available and if so, how does this differentiate from them?
  • Feasibility: How feasible is the solution to put into practice? Does the solution make sense financially? Will the solution be sustainable over the long term?
  • Impact / Durability: What is the scale of potential environment and social impact? How broad is the impact? How many people will your solution reach? 

 Except as otherwise provided below, up to the 8 Entrants per Topic with the highest score at the end of this vote will proceed to the next round. 

Notification to Entrants. Once selection has been completed, Entrants will be notified by email, phone, or by other means, at Promoter’s discretion, of the results of each Round. 

 The results of Round One for each Topic will be announced within one business day of the deadline to enter the Competition. The Promoter 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.   

7.2. Presentation and final vote (“Final Round”)

Entrants which have been selected to participate in the Final Round will be directly notified by the Promoter. In the event an Entrant does not answer 48 hours after the Promoter has first tried to contact its representative by email and by phone, the Promoter reserves its right, at its sole discretion, to disqualify this Entrant. This disqualification shall not entitle the Entrant to claim any kind of compensation from the Promoter.

The Final Round consists of an oral presentation of the selected projects by the Entrants, made remotely. The costs relating to the participation and equipment of the Entrants will be borne by the Entrants.

The project will be presented to two separate juries, selected by the Promoter at its sole discretion, for 30 minutes each time. The juries will be focusing on separate aspects : one on the technical aspects, one on the business model and on the financial aspects. The Selection Criteria used for the vote in the Final Round will be the same as the one mentioned in Article 7.1.

Entrants are not required to upload a Deliverable on the Competition website before the Final Round. However, Entrants must prepare a Deliverable which meets the specifications set out in Section 6 and which may be the one submitted in view of Round 1 or any other document. In addition, Entrants must prepare all the material required for the presentation.

The Deliverable will be used as a presentation document during the oral presentation given by the Entrants.

During the Final Round, voting will take place at the following dates : 

  • “Protect : Focus on Crop” : 27 and 28 September 2021
  • “Optimize : Focus on high-precision agriculture resources management” : 19 and 20 October 2021
  • “Regenerate : Focus on soil health”  : 17 and 18 November 2021
  • “Valorize : Focus on bioeconomy”: 13 and 14 December 2021
  • “Restore : Focus on restoring and development of biodiversity” : February 2022 (the exact date will be communicated to Entrants via the Competition website)
  • “Process : Focus on innovations relating to food processing, new ingredients and traceability”: March 2022 (the exact date will be communicated to Entrants via the Competition website)
  • “Distribute : Focus on innovations in the retail sector (food and gardening)” : April 2022 (the exact date will be communicated to Entrants via the Competition website)

 At the end of the Final Round, the jury will choose the winning projects (1 per Topic). Within two weeks of the Final Round of each Topic, the Promoter will send an email to all Entrants with feedback on their presentations. 

8. PRIZES

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

  • The Deliverables comply with Section 6 (“Deliverables”);
  • Each Entrant of a winning project, complies notably with Sections 9 and 11;
  • It can be proven that the winning Entrants fulfil the conditions of eligibility of Section 4.

Subject to these Terms and Conditions, once confirmed by Promoter, each winner will be granted the following prizes in view of enabling the experimentation and development of the winning projects :

  • Meeting with InVivo Executive Committee 
  • Invitation to the Closing Ceremony to be held remotely at a date to be specified in presence of InVivo Group’s members and of its partners.
  • a “business connexions” pack including consulting from Business France on the French agricultural landscape and how to market and sell in this context, introduction within the InVivo network. 

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, Promoter shall have no further obligation to such potential winner. Promoter will not replace any lost or stolen prizes after being awarded to winners. Winners will accept the prize “as is”. Promoter disclaims any warranty regarding the Prizes.

In the event an Entrant cannot be reached at either step of the Competition, by email or by phone, for more than 48 hours after the first attempt to reach them was made, he/she will be deemed as having waived their 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, Promoter will be free to substitute another prize of similar value. Any such decision is at Promoter’s sole discretion.

Any Entrant which does not fulfil the conditions of Participation as provided in the Rules during their registration and/or at any time during the Competition will be disqualified from the Competition without prior notice and will not be entitled to any prize. In the event that a prize is awarded to an Entrant which does not meet the conditions of Participation when registering or throughout the duration of the Competition, Promoter reserves the right to require the Entrant to return the awarded prize. 

9. COMMUNICATION

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

In particular, You consent, on your behalf or on behalf of the members of your organization, to the use, by Promoter, of their name and surname, city and region of residence, name of the institution in which they studied or obtained diplomas and other biographical information, their image , information regarding the Prize (if you are a winner), the name of your company and its distinctive signs (if you are an Entrant) and any other personal data that you submit with your Deliverables as well as the content of your Deliverables relating to the Competition.

As an example, each Entrant authorizes the Promoter to use the photographs of its members taken during the Competition and notably the Final Round and the Closing Ceremony to disseminate them via any communication medium.

Such use does not entitle the winner or its members to any other compensation than the Prize received. The Promoter agrees to cease using of the aforementioned elements in connection with the Entrant at the end of the aforementioned period.

If required, You agree to execute any document confirming the above-mentioned authorization as may be required by law or otherwise.

10. CONFIDENTIALITY

Promoter will make its best efforts to keep the confidential information contained in the Deliverables confidential. In general terms, when submitting any Deliverables, the Entrants understand, agree and accept that any information contained therein may be disclosed by the Promoter to its partners as identified on the Competition website and the jury.

It is agreed that will not be considered as confidential any information or data that is or will become available and known by the general public, provided that the receiving party is not the source of the disclosure.

The Entrants recognize that other Entrants, individuals, or entities may have provided Promoter 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 Entrants acknowledge, agree and accept that Promoter shall have the right to use such same or similar materials, and that the Entrants will not be entitled to any compensation arising from Promoter’s use of such materials.

11. INTELLECTUAL PROPERTY

 Definitions. For the purposes of this section,

  • “Intellectual Property Rights” refers to any copyright or other rights over a trademark, 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”)
  • “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 Entrant as a part of any submitted deliverable throughout the Competition (“Creations”).

Warranty of non-infringement. When submitting any Deliverable, at any stage of the Competition, each Entrant guarantees to Promoter that it is the owner and/or holder of the Intellectual Property Rights regarding all or part of the Creations contained in the Deliverables submitted at any stage of the Competition, and/or that it has obtained all rights and permissions regarding all pre-existing Creations and any elements of the Deliverables for which it does not hold the relevant rights.

Each Entrant guarantees (i) that its contribution is original; (ii) that it does not infringe upon the copyright or any Intellectual Property Rights of any third party; (iii) that all the elements of which its submissions are formed, as well as any elements and information communicated in the submission presentation documents are accurate, reliable and complete; and (iv) that the submission of the relevant Deliverables does not constitute an act of unfair competition of any kind or the breach of any other obligation.

It is compulsory for Entrants to indicate the source of any pre-existing Creations of whichever nature and on whichever support that are included in any submitted deliverable. 

Liability. Promoter cannot be held liable for any infringement of the above provisions by Entrants. Each Entrant shall indemnify Promoter 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).

Entrant owner of Intellectual Property rights

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

12. MODIFICATION OF RULES, SUSPENSION AND CANCELLATION OF THE COMPETITION

 Update of the Rules. The Promoter reserves the right to amend these Rules at any time, including the Competition duration and notably the calendar, without prior notice to Entrants regarding the enforcement or the validity of these amendments.  Entrants are encouraged to consult these Rules regularly. Entrants expressly waive all claims or disputes related to any amendment to these Rules by the Promoter.

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.

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

13. LIMITATION OF LIABILITY

The Promoter and its partner NOVADOXE will not in any event be held liable in the event of breakdown or failure, regardless of the cause, of any telecommunications network used that causes Entrants difficulty in or prevents Entrants from identifying themselves on or gaining access to the Competition website. 

Entrants agree that the Promoter and its partner NOVADOXE, their affiliates and all of their respective officers, directors, employees, contractors, representatives, partners and agents 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 competition website and in connection with the competition 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.  Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, in which case such limitation or exclusion shall apply only to the extent permitted by the law in the relevant jurisdiction.

Participation in the Competition implies acknowledgement 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 Promoter will not be held liable in any way for any damage incurred by Entrants arising from these characteristics, limits and risks, which Entrants accept by registering and taking part in the Competition.

The Promoter will not in any case be held liable for damages resulting from default or delays in the submission of deliverables by Entrants, including refusal to accept these deliverables as a consequence of their submission outside the deadlines set out in the Rules, from default or delays to the sending of any emails by the Entrant sent as part of the Competition, or from any alterations made to the Deliverables independently from the Promoter.

 The Promoter will not in any case be held liable for damages resulting from services provided by a third-party relating to the prizes. 

The Promoter will not be held liable for the consequences of a Entrant’s disqualification from the Competition as a result of their violation of these Rules.

14. PERSONAL DATA PROTECTION

Participation in the Competition requires the communication of Entrant’s representative’s personal data (“Personal Data”).

Entrant’s representative’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 Promoter 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 competition needs
  • To organize the intermediation between the Entrant and the Promoter, to ensure identification, communication, and preservation of the exchanges with the Entrant

Personal data will be kept until the competition is fully administered but may be kept longer if it is necessary for the Promoter to exercise its rights or to comply with its legal obligations.

Personal data may be shared with the Promoter’s partners and in particular with NOVADOXE which is administering the Competition’s website and with prize providers.

In accordance with the provisions of the GDPR, the Promoter undertakes to implement organizational and technical security measures in order to protect all Entrant’s Personal Data. 

The Promoter undertakes to allow the exercise of their rights from GDPR and in particular to request that it be updated, deleted and/or restricted; and may object to its processing upon legitimate grounds by writing to INVIVO GROUP, 83, avenue de la Grande Armée, 75782 Paris Cedex 16, France or invivoquest@invivo-group.com. You also have a right to lodge a complaint with your local data protection authority.

15. CLAIMS

 Any Entrant’s claims relating to the Competition, should be communicated no later than thirty (30) days following the Competition end date to invivoquest@invivo-group.com.  

All claims must include: (i) the Entrant’s complete contact details (name, address, email address and phone); (ii) the name of the Competition; and (iii) a clear and detailed explanation for the claim.

16. APPLICABLE LAW AND DISPUTES RESOLUTION

 To the fullest extent possible, the Competition is exclusively governed by the laws of France, without giving effect to conflict of laws rules. 

In case of persistent litigation beyond a period of fifteen (15) days after the Entrant has filed a claim, the Promoter and the Entrant 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, you hereby consent and submit to the exclusive jurisdiction of the courts of France for any action however so arising out of these Rules or relating to the Competition. 

17. CONTACT AND COPY OF THE RULES

 If you have any queries about the manner in which the Competition is administered or in order to request a copy of the Rules, please contact : INVIVO GROUP, 83, avenue de la Grande Armée, 75782 Paris Cedex 16, France or invivoquest@invivo-group.com.