TERMS AND CONDITIONS

INVIVO GLOBAL QUEST 2022-2023

(the “Program”)

This program is organized 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 / PROGRAM

This begins on 19th September 2022 at 3PM CET and ends on 31 May 2023 at 8PM [CET]. The Program will be accessible 24 hours a day on the dedicated program 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
ttps://invivoglobalquest.com (the “program website”), subject to possible IT maintenance operations and malfunctions. Dates and times in these Rules refer to Central European Time (CET).

 The program will be divided in 7 sessions(the “sessions”) :

  • “Adapt: Solutions to adapt farms to the effects of climate change.
  • “Move & Store:Solutions to improve grain storage, processing products (flour, malt…) and quality control.” * ”Water: Solutions for a more efficient management of water resources on farms and industrial sites. “
  • ”Mitigate: Technologies enabling a reduction of Co2 emissions or an increase sequestration of Co2 on the farm.” * “Retail: Innovative solutions to shorten the food value chain.”

3. REGISTRATION AND PARTICIPATION IN THE PROGRAM

To take part in the program, We must have received your completed registration (including the Deliverables).

To register, the Entrant must have truthfully and accurately completed required information, such as full name, email address, etc.

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

4. ELIGIBILITY

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

5. PURPOSE OF THE PROGRAM AND PARTICIPATION program

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 program and participating in the program on behalf of the company. As an Entrant participating in this program, You represent and warrant to the Promoter that such person (i) is an authorized representative of the Entrant and is participating in the program on behalf of such company, and (ii) has obtained all necessary approvals to enter the program, including all persons qualified to grant any intellectual property rights to the Promoter.

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

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

To be eligible, Deliverables must (i) address the specific Topic of the program, (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, program 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. 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 program 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.

8. 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 program (“Creations”).

Warranty of non-infringement. When submitting any Deliverable, at any stage of the program, 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 program, 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. program

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 program 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 program, 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.   

9. 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 program 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 program website and in connection with the program 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 program 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 program.

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 program, 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 program as a result of their violation of these Rules.

10. PERSONAL DATA PROTECTION

Participation in the program 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 program 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 program 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 program’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.

11. CLAIMS

 Any Entrant’s claims relating to the program, should be communicated no later than thirty (30) days following the program 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 program; and (iii) a clear and detailed explanation for the claim.

12. APPLICABLE LAW AND DISPUTES RESOLUTION

 To the fullest extent possible, the program 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 program. 

13. CONTACT AND COPY OF THE RULES

 If you have any queries about the manner in which the program 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.

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