Rules - Millet Expedition Project
Millet Expedition Project 2015 RULES ARTICLE 1 – Organiser MILLET, a simplified joint-stock company headquartered at 21, rue du Pré Faucon, PAE des Glaisins, 74940 Annecy-le-Vieux cédex, France, and listed on the Trade and Companies Register of Annecy under the number 796 480 374 (hereafter called “the Organiser”), is running an international competition (hereafter called “the MXP Competition”), from 8 September 2014 to 15 April 2015. The purpose of the MXP Competition is to award financial support for expedition projects proposed by individuals and selected by a Judging Panel of Partners which are stakeholders in the mountain-sports and expedition sector. The funding provided by Millet Expedition Project is intended to support individual and group initiatives related to sport, the mountains, and adventure. ARTICLE 2 – Conditions of entry Millet Expedition Project is open to any individual or group from anywhere in the world, except for Millet company staff who took part in organising the present MXP Competition and for staff from Partner companies of the Organiser of the Millet Expedition Project as well as their families and the Judging Panel. For entries by minors, parental consent must be provided. ARTICLE 3 – Terms of entry and procedure Entrants may enter the MXP Competition and present their expedition project (hereafter known as “the Project”) providing they comply with the following entry procedure: The Entrant must visit the Organiser’s website, http://millet-expeditionproject.com/en/enroll, and go to the “Enroll” section to download the entry form. The entry form must be completed in French or English, as the Entrant prefers. The Entrant will have to fill in the fields of the downloaded form. The entry form must contain the following appendices: ▪ A Project plan describing the expedition’s content and schedule; ▪ A provisional budget for the Project. ▪ A video presenting the Project and the team, with a runtime of about three minutes and addressing one of the following themes would be an asset to your application: - Performance: sporting achievements, major firsts, and rehearsals - Environment: ecological action, sustainable development, respect for nature, environmental preservation - Mutual aid: humanitarian action, solidarity, social ties - Science: technology, study, discovery, R&D - Culture: sociology, ethnology, understanding of others, exchange, sharing The entry must either be submitted by emailing the form to the Organiser at: [email protected] or by submitting the filled in PDF form on the site (http://millet-expedition-project.com/en/enroll). This entry must reach the Organiser by the 7 March from international countries and the 11 March 2015 from France (the email send date is considered proof). Entrants will receive confirmation of receipt of their entry, emailed to the email address given in the entry form. Entries will not be returned, even at Entrants’ request. Non-compliance with the aforementioned entry procedure; any irregular or incomplete entries; and any entry that contravenes the present Rules will entail the Entrant’s disqualification. Entry in the MXP Competition implies unreserved acceptance of all the Rules. The Organiser reserves the right, should circumstances so require, to extend, change or cancel the present Competition, as per Article 12. Should the Rules be changed as per Article 12, any Entrant will be considered to have accepted the changes to the present Rules simply by virtue of having entered the MXP Competition, with effect from the date when the change enters force. Any Entrant who refuses said change(s) will cease to participate in the MXP Competition. Entrants authorise all checks regarding their identity. Any false information regarding identity or status will void entry. ARTICLE 4 – Prizes and award of prizes An expedition grant (hereafter called “the Prize”) of a total value of €40,000 will be distributed amongst all the winners. The Prize includes financial and material prizes from the various Partners (material prizes are valued at the recommended retail price). The value of the material prize can in no event be converted into a financial prize. Calculation of the financial and material prize will be based on the provisional budget provided by each Winner in his entry; said budget must be justified, and the final budget is subject to joint approval by the Winners and the Organiser, so as to optimise the quality of the expedition. The financial and material prize will be quantified after study of each Winner’s project, of the destination, of the number of project participants, of field actions to be conducted, and according to any other criteria that the Organiser considers appropriate. In no event can the financial and material prize constitute the Winners’ whole expedition budget. This grant cannot be combined with any other expedition grant award. The financial and material prize will only become valid and acquired when the Partnership contract has been signed with the Winners. Furthermore, each Winner’s prize can only be paid once the Partnership contract has been received and the provisional expedition budget has been approved. The financial prize is paid to the Winners in return for expenses incurred within the scope of their expedition, and will in no event be considered as fees or payment for a provision of service. Each Winner’s financial prize will be paid in two instalments, subject to signature of the present Rules and to the Millet Expedition Project prize content statement required by Article 8. Fifty percent of the financial prize will be paid to the Winners before they depart. The balance will be paid on their return, after receipt of their report, photos and videos as required by Article 8. The material prize will be presented at most one month before the expedition departs, as per a precise list of equipment drawn up by order of priority and necessity. Should the financial and material prize not be awarded to one or more Winners, the Organiser reserves the right to award the prize to another Winner, selected under the same conditions as the initial Winner, or to not award the prize at all. Likewise, in the event of a Winner committing fraud, the Organiser is free to refuse him the financial and material prize, and to retroactively cancel his entry in the MXP Competition. The financial and material prize is name-specific, non-transferrable, non-exchangeable and non-refundable. ARTICLE 5 – Selection of winners and notification The Winners will be selected from among the Entrants in the MXP Competition by a Judging Panel comprising a member of each Partner company; a sponsor from Millet Expedition Project and from the GMHM (France’s High Mountain Military Unit); and personalities representative of the expedition community (hereafter called “the Judging Panel”). According to the following procedures: - Between 10 and 20 Entrants will be shortlisted on 13 March 2015: Entrants will be shortlisted by the Judging Panel, on the basis of their applications, at the end of the day of 13 March 2015. Once the Entrants have been shortlisted, they will be put to a public vote on Millet’s Facebook page from 19 March to 11 April 2015 inclusive. The project that scores the most “Likes” under its own expedition photo in the “Millet Expedition Project – Public Vote” album on the Organiser’s page on www.facebook.com will be elected “the Public’s Expedition”. In the event of a tie, the Judging Panel will have the casting vote. - Between 5 and 10 Winners will be selected permanently from among the shortlisted Entrants on 15 April 2015: The Winners will be selected by the Judging Panel on 15 April 2015. The Judging Panel will assess projects in accordance with the following criteria: - Exhibition feasibility and relevance; Clarity of theme; Rigour of project organisation; Participating members’ innovativeness, spirit of initiative and experience; Expedition members’ motivation and commitment; Technical skills and training; Suitability of Partnerships obtained; Media coverage of, and communication on, the project; Study and consideration of indigenous culture. In addition, the Judging Panel will assess the feasibility of the project chosen as “the Public’s Expedition” in the shortlisting phase, in order to finally approve it. No other criterion will apply to the assessment of this expedition. The Judging Panel’s decision is final and cannot be appealed. The Entrant shortlisting procedure and the Winner selection procedure will not be disclosed to the Entrants and the public. When the prize is awarded, the Winner will sign a contractual undertaking regarding actual use of the prize, project execution time, and delivery of the report and other items listed in Article 8. ARTICLE 6 – Liabilities Entry implies understanding and unreservedly accepting the characteristics and limitations of the Internet, particularly with regard to technical performance; response times for viewing, questioning, or transferring information; the risks of interruption; and, more generally, the risks inherent in any connection and transmission on the Internet, the absence of protection of certain data against possible hijacking, and the risks of contamination by any viruses circulating in the network. Consequently, the Organiser and its Partners can in no event be held liable for the following (non-exhaustive list): - transmission and/or receipt of any data and/or information on the Internet; any Internet malfunction that prevents proper performance of the entry procedure; failure of any reception equipment or of communication lines; loss of electronic correspondence, and, more generally, loss of any data; delivery problems; operation of any software program; consequences of any virus, computer bug, anomaly or technical defect; any material or bodily harm arising from entry by the Winner and his Accompanier(s). The Organiser and its Partners cannot be held liable for any direct or indirect harm arising from any interruption or malfunction whatsoever for any reason whatsoever, or for any direct or indirect harm arising in any way whatsoever from connection to the website www.milletexpedition-project.com or to the website www.facebook.com. Any person connecting to the websites www.millet-expedition-project.com and www.facebook.com and Entrants’ participating in the Competition do so under their sole responsibility. The Organiser may cancel all or part of the entry if it appears that fraud has been committed in any form whatsoever, without prejudice to bringing legal proceedings before the competent jurisdictions against the persons who committed said fraud. Fraud will in particular be considered to be an Entrant entering then participating in the MXP Competition under one or more fictitious names or names borrowed from one or more third parties. Each Entrant must enter the MXP Competition under his own sole name. Fraud will in particular be considered to be the supply of incorrect or untruthful information and documents for all the items required by Article 3 of the entry form. The Organiser and its Partners cannot be held liable in any way whatsoever in respect of the Entrants for any fraud committed. The Winners assume all liability relating to the organisation and conduct of the expedition funded within the scope of the Project presented. Consequently, the Organiser and its Partners reject any liability for any harm whatsoever, due to any cause whatsoever, that occurs during execution of the Projects. ARTICLE 7 – Organiser’s Partners Within the scope of the organisation of the MXP Competition, the Organiser enlists the following Partners (hereafter called “the Partners”): - Allibert Trekking Escape GMHM IFremmont Julbo Kairn.com Katadyn Millet Nemo Optimus Polartec Trek’n Eat TV Mountain TV8 Mont Blanc Ushuaïa TV These Partners undertake to provide a financial and/or material prize within the scope of the present MXP Competition, as per the conditions set out in Article 4. The terms and conditions of the Partners’ participation in organising the MXP Competition, and particularly the provision of a financial and/or material prize, are set out in a separate Partnership contract. ARTICLE 8 – Winners’ obligations The Winners must sign a Millet Expedition Project prize content statement and the present Rules. The Winners undertake to promote and use the products of the Organiser’s and Partners’ brands within the scope of the expedition funded by the prize. The MXP Competition is organised, and the prize is awarded, for the execution of an individual or group project. By entering the MXP Competition, the Entrant undertakes to execute his Project if it wins. Should the Project be abandoned, the Winner undertakes to return all resources awarded (financial, material) for the unperformed execution of the Project. The Winners undertake to take out an assistance policy and any insurance policies necessary to execute their Project. The Winners undertake, within the scope of their Project execution, to: Read and comply with the provisions in the Winners’ Guide that they will receive after the final selection results; Provide evidence of the Project’s progress at any time; Provide, within 15 days of their return, a selection of at least five photos for each Partner for communication purposes; Provide a detailed report within 15 days after returning from the expedition. This report must give details of: achieving objectives, names of places and people, dates, distances, conditions of achievement, anecdotes, etc; Provide photos to the Partners at most 15 days after returning from the expedition. The files will be named, and specify the shot location and if possible the photographer’s initials; Provide videos (raw footage) at most one month after returning from the expedition; a teaser at most one month after returning from the expedition; and an edited film at most two months after returning from the expedition. The videos will include an animation with the Partners’ logos at the start and end of the film. This trailer will be provided by the organisers, and editing assistance will also be available if necessary; Ensure that at least one of the team’s members attends the film presentation at the “Nuit des Expés” evening event, whose date will be confirmed later Notify the Partners of all press and other media coverage; Be present and available for operations to present the Project: talks, meetings, provision of photos, etc.; Provide photos that highlight the products or logos of the Millet Expedition Project Partners; Contribute during the expedition to the Millet Expedition Project blog, http://www.millet.fr/en/blog/millet-expedition-project, or send information to a person tasked with contributing to the blog; or, failing that, make a detailed contribution to the blog after the expedition. The Winners undertake not to make visible the brands of the Organiser’s and Partners’ direct and indirect competitors. The Winners of the MXP Competition are encouraged not to leave behind any waste or equipment in the wild. To this end, all potentially pollutant items will be brought back down to base camp or disposed of in bins for recycling. The Winners are also invited to not contribute to visual pollution, by burying organic waste or using bags intended for this purpose. The Winners’ Guide will contain a charter of ethics. All these obligations will be repeated and detailed in a separate subsequent prize content statement signed by the Winners and the Organiser. ARTICLE 9 – Intellectual property The present Rules prohibit any Entrant, Winner or Judging Panel member from using in any way whatsoever the intellectual property rights of the Organiser and its Partners, and from citing the Organiser and Partners as a reference in any way whatsoever. Each Entrant and/or Winner declares that the videos and photos provided within the scope of entry in the MXP Competition and of the subsequent execution of the Project, as per Articles 3 and 8, are totally royalty-free. Consequently, each Entrant and/or Winner undertakes to deal personally with any claim, legal proceedings, dispute or action arising from any third party whatsoever on any grounds, without limitation, in respect of: - Intellectual property rights (authors’ and related rights, brands, designs and models); Personality rights; Content of videos and photos that contravenes current laws and regulations, particularly but not limited to public order and decency and respect for human dignity and privacy. Furthermore, all intellectual property rights pertaining to the photos and videos provided, as stated above in Articles 3 and 8, by Entrants and/or Winners, are transferred to the Organiser. These rights include the right to use, reproduce and distribute the photos and videos with no territorial limitation and for the full duration of statutory protection of these rights. ARTICLE 10 – Filing of Rules and Consultation The present Rules are filed, via Ludilex (www.reglement-legal.net), with the bailiffs’ firm of SELARL PETEY – GUERIN – BOURGEAC, 221 rue du Faubourg Saint Honoré, 75008 Paris, France. The Rules may be changed at any time in the form of an addendum by the Organiser, in accordance with the stated conditions. The Entrant may consult the Rules, before the competition closure date, online at http://millet-expedition-project.com/en/enroll or by making a request in writing to: Millet Expedition Project Millet SAS 21, rue du Pré Faucon PAE les Glaisins BP 60348 74943 Annecy-le-Vieux CÉDEX France Or by emailing: [email protected] ARTICLE 11 – Entry costs As this competition involves no element of chance whatsoever, Entrants must pay any entry costs. ARTICLE 12: Force majeure – Change or cancellation Should the need arise, the Organiser reserves the right to change the present Rules without warning or need for explanation, or to shorten or extend or cancel the present MXP Competition if circumstances require, and particularly in the event of force majeure. The Organiser cannot be held liable for such action. Any change to the Rules will be announced on the website www.millet-expedition-project.com and to all persons who have already entered, to the email address supplied in the entry form. In addition to the above, the Organiser may cancel all or part of the MXP Competition if it appears that fraud has been committed in any form whatsoever. ARTICLE 13: IT and civil liberties In accordance with French law no. 78-17 of 6 January 1978 on “IT and civil liberties”, the Entrant is informed that certain replies indicated as such in the entry form are optional, but not answering the compulsory questions prohibits entry in the Competition. The collection of personal data about the Entrant by the Organiser is intended to ensure that the Competition runs properly. Entrants can at any time ask to amend or withdraw their data in writing by email to: [email protected] or by post to: Millet SAS, Service communication, 21 rue du Pré Faucon / PAE Les Glaisins, 74943 Annecy-le-Vieux Cédex, France. Furthermore, each Entrant has the right to access, amend and withdraw the data pertaining to them. These rights may be exercised directly by sending a letter containing a photocopy of a piece of the Entrant’s ID to Millet SAS, Service communication, 21 rue du Pré Faucon / PAE Les Glaisins, 74943 Annecy-le-Vieux Cédex, France; or by sending an email to: [email protected] ARTICLE 14: Applicable law and competent jurisdiction The present Rules are governed by French law. Should a dispute arise regarding the execution or interpretation of the present Rules, the Parties must make every effort to find an amicable solution as soon as possible.. Should no amicable solution be found within a reasonable time, the Parties agree to submit all disputes liable to arise from the execution and/or interpretation of the Rules to the competent court in Annecy. Expedition’s name : …………………………………………………………………………………………………………………………… Project Leader : ………………………………………………………………………………………………………………………………….. Place and date : At ……………………………………………………………….., the…………………………………………………….. Signature of the project leader Signature of the MXP representative
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