CHALLENGE RULES

 

  • NTRODUCTION

The following terms and conditions (the “Rules”) apply to the Majorel Generative Artificial Intelligence Challenge ( the “Challenge”) published on the dedicated platform onemind.majorel.com (the “Platform”). The Challenge Website is hosted operated by AGORIZE SAS.

This Challenge is organized  by Majorel Holding Nederland B.V.“-Organizer”), as outlined in the relevant website posting dedicated to the Challenge and made available on the Platform (the “Challenge Website”). For the purposes of these Rules, an “Affiliate” means any entity that, directly or indirectly, controls, or is controlled by, or is under common control with Majorel Holding Nederland B.V. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of such entity, whether through the ownership of securities or partnership or other ownership interests, by contract or otherwise.

The aim of these Rules is to set out the terms and conditions governing Your participation in the Challenge. By , You fully and unconditionally agree to comply with these Rules.  .

By participating in the Challenge, You accept and agree that these Rules and the decisions of the Organizer regarding any aspect of this Challenge, including without limitation as to the attribution of any shall be final and binding in all respects.

  1. TERM

The Challenge starts on dates  outlined on the Challenge Website. This Challenge Website, once launched, will be accessible twenty four (24) hours a day, subject to possible IT maintenance operations and malfunctions. Provisions of Section 12.2 of these Rules apply accordingly. Dates and times in these Rules refer to .

  1. ELIGIBILITY

This Challenge is open and offered solely to of the Organizer and its Affiliates,

Any eligible person who is registered on the Challenge Website and enrolls to participate in the Challenge (“Participant” or “You”), is required to review and accept these Rules. By accepting these Rules, You fully and unconditionally agree to comply with these Rules. Participants express their agreement by checking an online box on the Challenge Website.

The Organizer reserves the right, at any time, to verify the validity of entries and Participants (including Participant’s identity, employment status and/or place of employment and reserves the right, in its sole discretion, to disqualify any individual who the Organizer has reason to believe has breached any of these Rules, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardize fair and proper conduct of the Challenge. Correspondingly, the Organizer may disqualify any Team of Participants if any member of such Team has breached the Rules or engaged in conduct described above. Errors and omissions may be accepted at the Organizer’s discretion. Failure by the Organizer to enforce any of its rights at any stage does not constitute a waiver of those rights.

 

 

, and must have truthfully and accurately completed required information. You must also have accepted the Rules as well as the during the creation of your user account and your registration to the Challenge.

If you delete your user account on the Platform, such action will be deemed as a withdrawal from all ongoing Challenges.  

  1. PURPOSE OF THE CHALLENGE AND PARTICIPATION

Unless otherwise outlined in the Challenge Website, each Participant may elect to take part in the Challenge:

  • in their individual capacity, or
  • as a member of a team of up to 4 members (“”). Each Team member must be individually registered in the Platform, and individually accept these Rules.

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

  1. DELIVERABLES

in response and as a solution to the Challenge (the “Deliverable”).

Subject to specific terms outlined on the Challenge Website, to to participate in the Challenge, Deliverables must (i) address the set out in the Brief, (ii) be in a common digital format, such as, DOC, DOCX, PDF, PPT, PPTX, KEY, ODT, and (iii) be in English, and (iv) must comply with these Rules in all aspects.

The Organizer may refuse to accept a Deliverable which has not been provided in the correct format or is i with requirements set out in the Brief, illegible, or unintelligible or is otherwise incompliant with the Rules.

By submitting a Deliverable, Participants represent and warrant that:

  • the Deliverable is an original work that has been developed for the sole purposes of the Challenge, has not been previously published and exclusively includes contributions from either an individual Participant or a Team, as the case may be. No other person or entity has any rights (as an owner, licensee, or otherwise) to the Deliverable;
  • the contents of the Deliverable do not contain any personal data, do not and will not infringe, misappropriate or violate any rights of any third party or entity, including, without limitation, intellectual property rights, privacy, publicity, competition law, confidentiality, or any contractual or extracontractual right. All Deliverables suspected of infringing any law(s) and/or any third party’s right will be ineligible for the Challenge;
  • Deliverable does not contain any materials or elements that are defamatory, libelous, harassing, racist, malicious, fraudulent, or materials which contain or incite violence, contain nudity or which violate any other right of any other person or entity;
  • .

Participants are responsible for and shall bear any costs or expenses associated with preparing and submitting Deliverables. The Organizer is not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any Deliverable to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof.

  1. CHALLENGE PROCESS
    • Challenge Rounds. The Challenge shall consist of several rounds:

Round One. Submission and assessment

All Deliverables shall be submitted between 7th of September 2023 and 12 of October 2023. Deliverables submitted during this Round One will be assessed either through criteria-based voting or like-based voting, in accordance with provisions of Section 7.2 below.

Round Two. Operations (Account/function representatives)

All Deliverables eligible for Round Two will be assessed through an evaluation link to account/function representatives from 15th of September  to 24th of October, in accordance with provisions of Section 7.2 below.

Final Round. Selection for eventual implementation and Announcement of the results

Any Deliverable received after above-mentioned date and time will not qualify for the Challenge and will not be considered for the following rounds. Participants or Teams thus disqualified are not eligible to receive any compensation from the Organizer and the Organizer disclaims, to the maximum extent permitted by law, any further liability therefor.

  • 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.
    • Criteria based voting

The following rules shall apply.

The Organizer will appoint a jury of topic experts (the “Jury”) to evaluate and select the Deliverables based on their content. The selection will be carried out on the basis of :

  • Innovation/Creativity: How innovative is the solution in its use of new or existing technology to solve the problem described in the Brief? Are there other solutions available and if so, how does this differentiate from them?
  • Relevancy: How well does the Deliverable respond to the specific need set out in the Brief?
  • Feasibility/Scalability: 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: What is the scale of potential social impact? How broad is the impact? How many people will your solution reach? How significant is the impact?
  • Strategic alignement : Is the problem to be solved strategic and aligned with the account/department goals ?

Except as otherwise provided below, the Participants and/or Teams identified on the Challenge Website with the highest score at the end of this vote will proceed to the next round.

  • Announcement of results. Participants will be notified by email of the results of each Round once the selection of the winners of each such Round has been completed. The Organizer reserves the right to alter, at its absolute discretion, the dates on which results are released should this become necessary due to the number of projects to be assessed.

 

The prizes to be awarded to Challenge winners (the “Winners”) are subject to all of the following.

The approximate prize pool value shall be as outlined on the Challenge Website. The individual value of each prize shall be determined solely by the Organizer. The Winners, upon acceptance of the prize, are solely responsible for all expenses related to the prize, including without limitation any and all applicable local or state taxes.

The prizes will be awarded to the Winners subject to compliance with the following cumulative conditions:

  • The Deliverables comply with these Rules, including without limitation with provisions set out in Section 6 (Deliverables);
  • Each Participant of a winning project complies with these Rules, including without limitation with provisions of Section 9 (Intellectual Property);
  • It can be proven that the Winner fulfils the conditions of eligibility of Section 3 (Eligibility) for the entire duration of the Challenge.

The right to receive a prize is non-assignable and non-transferable and no prize substitution, transfer or exchange will be allowed except at the Organizer’s discretion.

The Organizer will attempt to contact the Winner and inform him or her about the awarded prize. In the event a Winner cannot be reached, by email or by phone, for more than three (3) months after the first attempt to reach them was made, is unable or unwilling to accept the prize or any portion of the prize for any reason,. 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. The Organizer shall have no further obligation to such Participant.

If the prize as initially planned is unavailable, Organizer will be free to substitute another prize of similar value. Any such decision is at Organizer’s sole discretion.

Any Participant who does not fulfil the conditions of participation as provided in the Rules during their 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, the Organizer reserves the right to require the Participant to return the awarded prize.

  1. INTELLECTUAL PROPERTY
    • For the purposes of these Rules,

"Intellectual Property Rights" refers to any patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world

  • Assignment of rights. By submitting a Deliverable the Participant assigns to the Organizer his or her entire right, title and interest in and to each and every patent, copyright, trade or service mark (including any attendant goodwill), trade secret or other Intellectual Property Right embodied in the Deliverable in exchange for admission to the Challenge and the opportunity to qualify for a prize as defined herein under the terms and conditions of these Rules. The rights transferred from the Participant to the Organizer include, but are not limited to:
  • the right to authorise or prohibit direct or indirect, temporary or permanent reproduction of the Deliverable by any means (mechanical, digital or other) and in any form, in whole or in part,
  • the right to authorise or prohibit any display, performance or communication to the public, by wire or wireless means, including the making available to the public of the Deliverable in such a way that members of the public may access them from a place and at a time individually chosen by them; this right also include the communication and broadcasting by cable or by satellite,
  • the right to authorise or prohibit any form of distribution of Deliverable or copies of the Deliverable to the public, by sale or otherwise; the exclusive right to authorise or prohibit any modification of the Deliverable, including incorporation of the Deliverable into any existing or future work;
  • the right to authorise or prohibit any translation, adaptation, arrangement, creation of derivative works based on the Deliverable, and any other alteration of the Deliverable, subject to the respect of moral rights of authors, where applicable;
  • where the Deliverable is or includes a database: the exclusive right to authorise or prohibit the extraction of all or a substantial part of the contents of the database to another medium by any means or in any form; and the exclusive right to authorise or prohibit the re-utilization of all or a substantial part of the contents of the database by the distribution of copies, by renting, by on-line or other forms of transmission;
  • where the Deliverable is or includes a patentable subject-matter: the right to register them as a patent and to further exploit such patent to the fullest extent;
  • where the Deliverable is or includes logos or subject-matter which could be registered as a trademark: the right to register such logo or subject-matter as a trademark and to further exploit and use it;
  • where the Deliverable is or includes know-how: the right to use such know-how as is necessary to make use of the Deliverable to the full extent provided for by this contract, and the right to make it available to contractors or subcontractors acting on behalf of the contracting authority, subject to their signing of adequate confidentiality undertakings where necessary;
  • to the extent that the Participant may invoke moral rights, the right for the Organizer to publish the Deliverable with or without mentioning the creator(s)’ name(s), and the right to decide when and whether the Deliverable may be disclosed and published
  • the right to integrate and incorporate the Deliverable into any existing or future work,
  • the right to grant third parties any of the above-mentioned rights.

The Organizer shall have the right to subsequently transfer all right, title and interest in and to the Deliverable to third parties. The Participant agrees to give the Organizer such assistance as may be reasonably requested to perfect such rights.

  • Warranty of non-infringement. When submitting any Deliverable, at any stage of the Challenge, each Participant warrants to the Organizer that:
  • he/she (together with other Team members, as the case may be) possesses unencumbered title and all Intellectual Property Rights regarding all or any part of the Deliverables submitted at any stage of the Challenge, and that he/she has the right to convey all ownership rights in the Deliverable in accordance with Section 9.2 of these Rules. The exclusive rights and the modes of exploitation as described in these Rules may be exercised by the Organizer on all parts of the Deliverable;
  • he/she did not integrate into the Deliverable any components which would be subject to Intellectual Property Rights of any third party (except other Team members, as the case may be) without obtaining prior written permission of the Organizer;
  • his/her Deliverable is original and unprecedented;
  • the Deliverable does not infringe upon the copyright or any other Intellectual Property Rights of any third party;
  • all the elements of which his/her Deliverable is formed, as well as all pieces of contributions and information communicated in the submission presentation documents are accurate, reliable and complete; and
  • the submission of the relevant Deliverables does not constitute an act of unfair competition of any kind.

The Participant agrees to fully indemnify, defend, and hold the Organizer and its Affiliates, and their respective directors, officers, employees, shareholders, partners, and agents (the “Indemnified Parties”) harmless from and against any and all claims, losses, costs, and expenses (including lawyer’s fees) incurred by any Indemnified Party in connection with an infringement, or an alleged infringement of warranties set out in this Section 9.3, including without limitation any third-party claims of infringement or misappropriation of any patent, invention, trade secret, copyright, trademark, proprietary information nondisclosure or other proprietary rights resulting from the use of any Deliverable by the Organizer.

  1. CONFIDENTIALITY

Organizer has no obligation to keep the information contained in the Deliverables confidential. In general terms, when submitting any Deliverables, the Participants understand, agree and accept that any information contained therein may be publicly disclosed by the Organizer.

Furthermore, Participants acknowledge that the Organizer 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 the Organizer 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 Deliverable.

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

  1. MODIFICATION OF RULES, SUSPENSION AND CANCELLATION OF THE CHALLENGE
    • Modification of the Rules. The Organizer reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Rules, as well as to modify any information outlined on the Challenge Website, including the Challenge duration at any time. . Changes in these Rules will be effective when notice of such changes has been posted. Your continued use of the Challenge Website and participation in the Challenge following such notification will represent Your agreement to be bound by the Rules, as amended. 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.
    • Cancellation or Suspension of the Challenge. The Organizer 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 Organizer 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.
  2. LIABILITY
    • Indemnification and Release. Participants agree that to the maximum extent permitted by law the Organizer, 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 arising in connection with the Challenge. The Participants agree to fully indemnify, defend, and hold the Released Parties harmless from and against any and all claims, losses, costs, and expenses (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with a violation of these Rules by the Participant, including without limitation an infringement, or an alleged infringement of warranties set out in Section 9.3.

Without limiting the foregoing, everything on the Platform, 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.  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.

  • Technical Failures. The Organizer cannot promise that the services relating to the Challenge will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the control of the Organizer. To the extent permitted by law, the Organizer will not be liable to Participants or to any other person in the event that all or any part of the service relating to the Challenge is discontinued, modified or changed in any way. To the extent permitted by law, the Organizer and any of its Affiliates are not responsible for: (i) any error, omission, interruption, defect or delay in operation or transmission at any website, including without limitation the Platform and the Challenge Website; (ii) failure of any Deliverable to be received by the Organizer due to technical problems, human error or traffic congestion on the internet or at any website; (iii) communications line, hardware and/or software failures; (iv) damage to any computer (software or hardware) resulting from participation in the Challenge; (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information; or (vi) entries which are late, lost, stolen, damaged, incomplete, and/or unintelligible (or any combination thereof).

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 Organizer will not be held liable in any way for any damage incurred by Participants arising from these characteristics, limits and risks, which Participants accept by registering and taking part in the Challenge.

  • The Organizer 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 and/or on the Challenge Website or from any alterations made to the Deliverables .
  • The Organizer will not be held liable for the consequences of a Participant’s disqualification from the Challenge as set out in these Rules.

 

Participation in the Challenge requires the communication of the Participant's personal data within the meaning of the applicable data protection laws including without limitation the General Data Protection Regulation 2016/679 (together the “Data Protection Legislation”).

Participant’s personal data is subject to processing within the meaning of Data Protection Legislation for which the Organizer defines the purposes and means and is, as such, “Data controller” within the meaning of the Data Protection Legislation.

  

More information in this topic can be found in the privacy notice [LINK HERE].

  1. CLAIMS

Any Participant’s claims arising from the Challenge should be addressed no later than thirty (30) days following the Challenge end date to the Organizer at amina.bendahmaneclaims 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.

  1. APPLICABLE LAW AND DISPUTES RESOLUTION

These Rules and any action related thereto shall be interpreted and governed in accordance with the law applicable in the Netherlands.

To the maximum extent permitted by law, any claim, dispute or difference arising out of or in connection with these Rules, that cannot be settled amicably, , will be subject to the exclusive jurisdiction of the courts of Amsterdam 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.