Terms & Conditions of the FAMAE Challenge

As of November 13, 2019

Thank you for your interest in the FOOD FOR GOOD! FAMAE Challenge (the « Competition »), initiated by the FAMAE endowment fund (“FAMAE”). By participating in this Competition and in accordance with the Terms & Conditions, you may be eligible for a possible to an award from FAMAE or from one of its partners up to 2,000,000 €. FAMAE and its partners are hereinafter referred to as “the Sponsor”.

Please read these Terms & Conditions carefully, as they describe the conditions under which you are allowed to participate in the Competition. As you participate, you are asked to recognize your acceptance of these Terms & Conditions by clicking "Accept" on this Website, but by continuing any use of this website (with or without registering) you are deemed to consent to all of these Terms & Conditions which are a legally binding agreement between you and the Sponsor (the « Agreement »).

The Candidate, FAMAE and the Sponsor are called the « Parties ».

A. Purpose fo the Challenge

The goal of the FAMAE endowment fund is to seek pragmatic, efficient, durable, universal and money-saving solutions to make life easier for urban citizens while reducing their environmental footprint. As a consequence, FAMAE endowment fund has set up a collaborative Competition to enable brilliant and innovative inventors to make their ideas come true or to effectively launch their product. The 2019-2020 contest is dedicated to sustainable and healthy food: FOOD FOR GOOD!

B. Publisher and legal disclaimer

You are currently connected to the FAMAE endowment fund Website. As such, you commit to comply with the terms of use of this Website as set out below.  Publisher information: FAMAE endowment fund, created on September 7th 2016 (file 790), officially published in the « Journal Officiel » # 1694 / page 109. HQ: 12 rue de Lanneau, 75 005 Paris, France. Website editing Director: Eric Philippon. email address: contact@famae.earth.

C. Definition

Competition: The FAMAE Challenge FOOD FOR GOOD!
Competition Initiator: Famae endowment fund (or FAMAE).
Sponsor Team: Board members, persons working for the Sponsor with a salary or on a pro bono basis, directly or indirectly. The list of Sponsors is available on demand.
Jury: Group of persons being chosen by the FAMAE to review the Projects. Their selection is based on their credentials and competences either as business leaders, renowned scientists or experts in the fields of Technology or Sustainable Development or Circular Economy.
Website: famae.earth.
User: Individual or entity visiting the Website.
Project: Solution proposed by a Candidate, be it an idea or an existing product or service. The solution has to adress the following issue : « Design an innovative and concrete solution, from field to fork, to deliver fair, sustainable & healthy food, for everybody, everywhere ».
Candidate or Applicant: Individual(s) or entity that have submitted a Project. Members of the Candidate’s team are considered as Candidates. The Candidate’s team leader will be the point of contact between FAMAEand the Candidate.

Application: Process through which the Candidate gives a certain amount of data to the Competition Initiator either through the Website or by email in order to propose its Project. Some of these data are public (i.e will be available to anybody visiting the Website), the rest is private (i.e accessible only to the Candidate and the Sponsor).
Selection: Process through which FAMAE, the Sponsor Team and the Jury select 10% to 20% of applications based on an evaluation that focuses on 4 criteria: Innovation, Feasibility, Impact, Capability to execute / Quality of team.
Nominee(s): Projects ultimately retained among selected Projects to presented to  the Jury.. The Projects chosen after the Selection will be thoroughly reviewed by FAMAE, the Sponsor Team and the Jury based on several criteria: Innovation, Feasibility, Impact, Capability to execute / Quality of team. Interactions will occur between the Candidates and FAMAE, the Sponsor and the Jury. Additional data will be required including detailed blueprint of the proposed product / service, business plan, costing analysis, summaries of Candidate’s team members. In any cases, FAMAE and the Sponsor Team will help ALL the chosen Candidates to enhance their Project.
Awardee(s): Projects ultimately chosen among selected Projects which will receive an Award on June 13, 2020 during Vivatech 2020..
Designated Entity: Entity that the Awardee chooses to receive the Award funding.
Award funding: The Awardee will receive funding from the Sponsor to cover Project-related expenses such as IP protection, patent filing, product / industrial design, 2D / 3D blueprint making, prototyping, manufacturing, shipping, marketing, monitoring, IT, incorporating a legal entity… This funding will, if necessary, cover third party costs or salaries. Depending on the status of the Sponsor and legally speaking, the funding will be made either through a grant, an equity injection or a loan (with or without reimbursement). If the Candidate has chosen a Philanhropic status (i.e IP related to the Project is made available to anybody, free of charge) then the funding will occurr mostly as a grant. If the Candidate has chosen another status (i.e IP related to the Project is not made available to everybody free of charge), then the funding will occurr mostly as a mix of equity injection and loan (with or without reimbursement).
Intellectual Property Rights: All copyright, patent rights, trademark rights, trade secrets, designs and other proprietary information, whether or not such rights are registered or capable of being registered under any statutory or common law of France or any other jurisdiction.
Third Party Sites: Any site operated by neither the Candidate nor FAMAE, which may be used by the Candidate or FAMAEon the Website (i.e link to youtube, link to Facebook, link to one of FAMAEpartners website …)

D. Eligibility

The Competition is open to everybody, be it an indiviual, a university, a gouvernemental / regional / local organization, a for-profit organization (limited liability company, partnership …) or a not-for-profit organization (foundation, NGO, association …). The Awardee(s) will have to be organized as a legal entity in due time to receive the Award funding.

No individual or entity may register more than once (for example, by using a different username/email). Multiple registrations for an applicant using multiple identities are not allowed. However, when a large entity is concerned with variable teams involved in the Competition, FAMAE may grant exemption to participate in the Competition to the related entity.

FAMAE reserves the right to reject the Application of a Candidate if, in its sole discretion, the laws of the governing jurisdiction applicable to the Candidate would prohibit or limit FAMAE from proceeding with the Competition as intended or the consideration or making of any Award would impose additional administrative, tax, operational, or legal burdens on FAMAE or the Competition Sponsor.

Ineligible persons or entities

Neither Famae Team members, the Sponsor Team nor Jury members are permitted to participate either directly or indirectly with any Candidate submitting a Project; any such participation will disqualify the related Application.

E. Application

Application opens on November 14, 2019, at 12 :00 am Paris Time. Visitors on the Website may apply to the Competition.

The Application may be carried out in several steps. However, an Application will be considered as complete if and only if all the required data have been provided by the Candidate. At some point in time, it is required to fill a mandatory form and to provide specific files (pdf, jpeg).

Applications are due on February 14, 2020 at 6:00 pm, Paris time.

The data required for the Application are simple to make the Competition accessible to anybody. It includes information related to the Candidate, for example: team leader name (who is the point of contact for FAMAE), other team members’ names, email adresses, country / region, status (i.e student, startup, NGO …). It includes simple information related to the Project, for example: name, title, short description, image or photo or blueprint, Project Presentation memorandum. The Applicant may include additional information: link to relevant website or social network page, video.

The Application shall not, in the sole discretion of FAMAE, contain obscene, pornography, pedophile, apology of crimes against humanity, apology of and incitement to terrorism, defamatory, racist, theatening, harassing, unlawful or otherwise objectionable or inappropriate content.  An Application may be suppressed by FAMAE if it does not comply with this rule.

The Candidate has to indicate whether its Project is « Philanthropic » or not (« Yes » or « No »). If you select « Yes », you commit to share the Intellectual Property related to your Project free of charge to make it easier to expand (i.e you believe in a not-for-profit approach). If you select « No », you indicate you do not wish to share for free the Intellectual Property related to your project (i.e you believe to a for-profit approach).

Some of the required data may become public: the name of the Project and a short description (a few words). The rest of data provided by the Candidate are strictly confidential and kept private.

The Project may adress all types of issues related to food: production (soil, biodiversity, vegetables, life stock, alternative proteins …), transformation & distribution (agribusiness, supply chain, retail …), consumption (fight against malnutrition, healthy food, changes in behavior, alternatives …), quality, better usage to reduces losses .

F. Selection process

FAMAE, Sponsor Team and the Jury will select a list Projects based on several criteria: Innovation, Feasibility, Impact, Capability to execute / Quality of team. It is expected 10% to 20% of Candidates will be selected.

The Candidates whose Projects have been chosen after the Selection will interact with FAMAE, the Sponsor Team and the Jury through on-line or off-line Q&A sessions. Candidates acknowledge that reference checks may be carried out by FAMAE if necessary. Additional data will be required including detailed blueprint of the proposed product / service, business plan, costing analysis, biographies of Candidate’s team members detailing their experience relevant to the Project. FAMAE, the Sponsor Team and the Jury will ultimately pick up Projects as Nominees.

The Nominees may be invited to pitch during a Vivatech 2020 side-event (early June, date & location to be determined later). where they will interact with FAMAE, the Sponsor Team andthe Jury and people close to the Famae Ecosystem (investors, entrepreneurs, scientists.  The purpose is to enhance the Projects of the Nominees, whatever the final outcome. The Laureates will be selected after a last presentation to the Jury.The Jury will choose the Laureates at this stage.

The Laureates will be invited to receive their Award on June 13, 2020 during Vivatech 2020 The Nominees will interact with FAMAE, the Jury and the Sponsor Team before the Award ceremony to enhance their Projects. Foreign Nominees will be invited by the Sponsor (i.e accomodation costs covered by the Sponsor).

Disclaimer related to the Application:

Nothing herein represents a commitment by the Sponsor to award any funding to any entity making an Application, participating in, responding to, or submitting subsequent information in response to this competition. Any Award will be evidenced by an Award Agreement signed by authorized representatives of the Sponsor and the Awardee. FAMAE will carry out the draft Award Agreement and discuss it with the Laureate.

An Application will not be returned to an Applicant. Each Applicant should retain a copy of its Application.

G. Awards

The Jury will ultimately decide which Projects are to be awarded.

The Jury and the Sponsor are expected to create various Award categories to be funded. The theoretical maximum per Award category is 2 000 000€ since the Jury may decide to allocate a large amount of money to a single exceptional Project.

It is extremely unlikely that not a single Nominee be chosen by the Jury before June 2020. In that case, FAMAE and the Sponsor irrevocably commit to extend the deadline of the Competition to source new Projects and identify Nominees and allocate up to 2 000 000 € Award(s)

H. Award agreement

The Sponsor is required to exercise expenditure responsibility and related regulations with respect to Award funding made to legal entities. The Awardee will be obligated to execute a written Award Agreement and ensure the Award funding is spent solely for the purpose for which it is/was made (i.e payment of Project related expenses …). The Sponsor is also required to take action to recover any funds that are diverted or not spent for their purposes.

I. Intellectual Property

The Project submitted by the Candidate must be its own or if it is not the Candidate must be able to produce a license or other authority permitting him to use any Content that is not owned by him. The Candidates represents and warrants that his Application is an original work created solely by him, that he owns all Intellectual Property in and to the Application, that he does not infringe any third party rights and that no other party has any right, title, claim or interest in the Application, except as expressly identified by the Candidate in writing in his Application.

The ownership and use of any subsequent Intellectual Property Rights arising from the Award made by the Sponsor will belong to the Designated Entity that will receive the Award funding.

Intellectual Property Rights of the Candidate are protected as FAMAE, the Sponsor Team and the Jury commit to strict IP, non-compete and confidentiality rules:The IP related to any Project belongs only to the Candidate;FAMAE, the Sponsor Team and the Jury shall not launch a for-profit or not-for-profit activity directly based on any Candidate’s Application content;FAMAE, the Sponsor Team and the Jury shall not communicate any information related to the Project labelled as private without the prior consent of the Candidate.You acknowledge that FAMAE is the owner of all Intellectual Property Rights in and to this Website (excluding Application Content). You acknowledge that you have no Intellectual Property Rights in or to this Website.You acknowledge that all text, graphics, user interfaces, photographs, trademarks, logos and artwork, including the design, structure, selection, coordination, expression, 'look and feel' and arrangement of such Content, provided by FAMAE or its licensors on this Website is owned or licensed by or to FAMAE and is protected by applicable copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. No such Content can be copied, publicly displayed, modified, sold, licensed or distributed in any way by you without FAMAE’s prior written consent.You shall not use the name of FAMAE, the photos or representations of the Famae Team members, the photos or representations of the Sponsor Team or of the Jury members, without the prior written consent of FAMAE.

J. Judging

The Jury will review and select the Projects in its sole discretion. Unanimity is looked for. However, to avoid dreadlock situation, majority rule will ultimately apply (including positive vote of FAMAE’s representative).The requirements for your Application are clearly described on the Website.Your Project will be reviewed by FAMAE, the Sponsor Team and by the Jury based on several criteria: Innovation, Feasibility, Impact, Capability to execute / Quality of team. FAMAE, The Sponsor Team and the Jury are permitted to communicate with Applicants.

K. Public content and private content

Applicants permit FAMAE to publish some parts of the Application content: name of Candidate, name of Project, photo / image / blueprint, short Project description (few words). The relevant data are labelled as « public » in the « Propose a project » template. The Candidate may provide additional information such a link to relevant website or social network page, and video(s) hosted on a third party site, which are, by definition, public information.

On the other hand, some parts of the Application content remain strictly private including the Project Presentation memorandum, the Project option « Philanthropic or not ».

FAMAE, the Sponsor Team and the Jury have full access to all data registered by the Applicant, be it public content or private content.

L. Commitments from both Parties

The Competition Initiator will not use any information for commercial purposes or sell the information to third parties.

You agree to act in good faith and in accordance with the Terms & Conditions. You irrevocably confirm the content of your Application (i) is not false, inaccurate, misleading or fraudulent, (ii) does not violate any applicable law, (iii) is not harmful to persons under the age of 18 years.

If for any reason, the Competition is not capable of running as planned, due to infection by computer virus, bugs, worms, Trojan horses, denial of service, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of FAMAEthat corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Competition, FAMAE reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Competition.

FAMAE reserves the right to amend or modify this Agreement at any time, provided that if such modifications materially limit your rights and/or expand your obligations hereunder, FAMAE will notify you electronically, such as by email or through the Website. Such material modifications will take effect on the earlier of the date you indicate your assent (by clicking "Accept" or otherwise) or 30 calendar days after FAMAE’s notice. No modification of the Agreement will apply to any dispute between you and FAMAE that arose prior to the effective date of the modification. If at any time you disagree with the Agreement or any modifications thereof, you may terminate this Agreement and shall cease using this Website. Your continued use of the Website after the revised Agreement becomes effective (such as following notice as set forth above) indicates that you have read, understood, and agreed to the revised Agreement. Any new or different terms supplied by you are specifically rejected by the FAMAE unless FAMAE agrees to them in a signed writing specifically including those new or different terms.

FAMAE may alter this Website from time to time by adding or removing features. This Agreement will not be affected by any alterations to this Website.

The Competition Initiator reserves the right to terminate, alter, or suspend this Competition at any time. By submitting an Application or information pursuant to this Competition, each Applicant shall be deemed to have acknowledged that FAMAE and the Sponsor shall have no obligation to make any funding and shall have no liability to any applicant or other person or entity should they determine not to proceed with this process or not to make any funding. It is further understood that any funding that may be considered pursuant to this process must satisfy certain legal criteria in the sole discretion of the Sponsor.

M. Limitation of liability

By submitting your Application, you agree to release, discharge and hold harmless FAMAE and his team,  the Sponsor Team and the Jury, and their partners, affiliates, subsidiaries, advertising agencies, agents, employees, officers, directors and representatives from any claims, damages, expenses, or losses of any kind or nature arising out of your participation in the Competition and the acceptance and use, misuse, or possession of any Award. Neither FAMAE and his team, the Sponsor Team and the Jury assume responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Competition applications or application forms; or alteration of applications or application forms. Neither FAMAE and his team, the Sponsor Team and the Jury are responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any application to be received on account of technical problems or traffic congestion on the Internet or any website, human errors of any kind, or any combination thereof, including any injury or damage to Applicants’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to this Competition.

N. Termination

You may terminate your participation in the Competition at any time and without cause by notifying FAMAE through this Website. If you terminate your participation, this Agreement will continue to apply to any data provided by you prior to giving the notice described above.
FAMAE may, in its absolute discretion, terminate or suspend your participation at any time and without notice if he believes that:
- You have breached the Terms & Conditions;
- or
- FAMAE is unable to verify any information provided by you (ex: email) ;
If FAMAE terminates your participation, it may, at its sole discretion, immediately withdraw your Application, which will have no force and effect from the date on which your participation was terminated. If your participation is terminated, either by you or by FAMAE, you are no longer authorized to access this Website.
If for any reason, the Competition is not capable of running as planned, due to infection by computer virus, bugs, worms, Trojan horses, denial of service, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of FAMAE that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Competition, FAMAE reserves the right, at its sole discretion, to disqualify any individual(s)or Candidate who tamper with the process.

O. Commission Nationale de l’Informatique et des Libertés (CNIL)

In accordance with the provisions of French Law No 78-17 dated January 6th 1978 (amended later on), the User is informed that the processing of personal data carried out by FAMAE is to be declared to the « Commission Nationale de l’Informatique et des Libertés » (i.e National Commission of Informatics and Liberties). As such, FAMAE commits to protect all personal data of the users. These data are collected and processed by FAMAE under strict confidentialty standards in accordance with the French Law of 6 January 1978 (amended later on). In accordance with the provisions of Articles 38, 39 and 40 of the French Law No 78-17 of 6 January 1978 (amended later on), the Users shall have the right at all times to :
- Forbid the collection and processing of his / her personal data carried out by FAMAE;
- Forbid the disclosure of such data to third parties;
- Access to all personal data processed by FAMAE;
- Amend, update and delete personal data processed by FAMAE. In order to exercise their rights under the French Law No 78-17 of 6 January 1978 (amended later on), the User must send a registered letter with acknowledgment of receipt stating clearly their identity and the purpose of their application to: FAMAE, « Correspondant Informatique et Libertés », 12 rue de Lanneau, 75 005 Paris. The contact for such purposes is Mr Eric Philippon, contact@famae.earth.      
                       

In accordance with the « Norme Simplifiée » No. 48, FAMAE has a register of the data collected. It is freely available to any user provided the later sends its request via registered mail with acknowledgment of receipt to the following address: FAMAE, « Correspondant Informatique et Libertés », 12 rue de Lanneau, 75005 Paris.

P. Internet security and User privacy  

This Website has been designed in accordance with stringent security standards and is protected agains instrusions. FAMAE utilizes OVH, leading European IT company, as an internet service provider. The Website is hosted under https protocol.

Data from Applicants are stored in France, and as such, benefit under French law from the highest data privacy protection in the world.

Cookies are utilized only to enable an Applicant to keep its connection open and to implement Google analytics. Please note you can remove them through a specific setting of your internet navigator.

Q. Governing law and 3rd party sites

This Competition is void where prohibited. Applicants agree that this Competition shall be subject to and governed by the laws of France and the forum of any dispute shall be in the courts of Paris, France. FAMAE reserves the right to disqualify any participant who violates the Terms & Conditions.

From time to time, FAMAE may provide, or any Content may contain, links to Third Party Sites and resources. You acknowledge that:
- FAMAE has no control over Third Party Sites and resources;
- FAMAE is not responsible for the availability of such external sites or resources;
- FAMAE does not endorse nor is either responsible for any content, advertising, products, services or other materials on or available from such sites or resources.

You acknowledge and agree that FAMAE and his team, the Sponsor Team, the Jury, and their partners, affiliates, subsidiaries, advertising agencies, agents, employees, officers, directors and representatives will not be responsible or liable, directly or indirectly, for any Loss caused or alleged to be caused by or in connection with your use of or reliance on any Content or material available on or through any Third Party Sites or resource.
Contact Information
FAMAE is more than happy to be contacted should the Candidate has any questions. All questions, notices, requests, demands, consents, approvals, offers, agreements or other communications given by you to the Sponsor must be emailed at contact@famae.earth.