The Decathlon New Zealand Foundation Challenge

Imagine how AUT & DECATHLON can work together to sustainably make sport accessible to all Aucklanders!

The Rules

(The"Challenge")

 

CHALLENGE RULES

 

(The rules)

 
This Challenge without obligation to purchase is organized by the company DECATHLON FRANCE SAS (4, boulevard de Mons - 59650 Villeneuve d'Ascq), registered in the Lille trade and companies register under number 500 569 405 ("the organizing company ").
The purpose of the Rules is to define the conditions and rules for participation in the Challenge.
Participation in the Challenge implies for all participants the full and unreserved acceptance of these Rules. If you disagree with the terms of the Rules, you should not register or participate in the Challenge.
 
1. Duration of the Challenge
The Challenge starts on February 23, 2021 at 10:00 a.m. and ends on July 7, 2021 at 10:00 p.m. The Challenge is accessible 24 hours a day on the website dedicated to the Challenge published by Agorize and accessible at the URL: https://talentgames.decathlon.com/en/challenges/aut-challenge (“the Challenge Site”) , subject to any IT maintenance operations or malfunctions.
 
2. Acceptance of the Rules
Anyone registered on the Challenge Site and in the Challenge ("the Participant" or "You") must read and expressly accept the Rules. By accessing and accepting the payment, You:
- Have entered into a binding contract with the Organizing Company. It being specified that registration and participation in the Challenge does not in any way have the effect of creating a relationship of subordination between the Organizing Company and the Participant; and
- Fully and unreservedly agree to comply with these Rules in all their provisions. Acceptance is done by means of an online checkbox when registering for the Challenge.
Failure to comply with said Rules will result in the immediate cancellation of participation and the possible allocation of prizes.
 
3. Registration and participation in the Challenge
To participate in the Challenge, we must have received your complete registration before April 19, 2021 at 10:00 p.m.
In order to participate in the Challenge, the Participant must have created a user account on the Challenge Site, and fairly and fully filled in the required information, such as his name, first name, email address, etc.
Participants who have not provided proof of their contact details and complete identities or who have provided them in an inaccurate or deceptive manner will be disqualified, as will persons refusing the collection, recording and use of personal information concerning them and strictly necessary for the needs. of the management of the Challenge. The information provided by the Participant as part of his registration for the Challenge is his responsibility and any error, anomaly, inconsistency, intentional or not relating to the information communicated by the Participant are likely to result in his disqualification.
The Organizing Company reserves the right to carry out all the necessary verification concerning the identity, postal and / or electronic address of the Participants.
The deletion of a Participant's user account on the Challenge Site will be considered as an abandonment of the latter's participation in the Challenge. In this case, the Participant, even if he is able to provide proof that this deletion is not his fault, will not be able to re-enter the Challenge, nor will he be able to obtain any compensation from the Organizing Company.
Likewise, to participate in the Challenge, the Participant must have accepted these Rules as well as the General Conditions of Use and Agorize's Privacy Policy, when registering and creating the user account.
Registration and participation in the Challenge is completely free, and without obligation to purchase.
 
4. Conditions of participation in the Challenge
The Challenge is open to all AUT students, with each team must contain at least one individual with an affiliation - past or present - to the School of Sport and Recreation (SSR), the AUT Gym or AUT Sport. An affiliation to the SSR is gained through either being enrolled in a programme or having graduated with a qualification from the SSR (from Certificate through to Doctorate).
Only one participation in the Challenge will be allowed per person.
All the documents that can justify the Participant's eligibility for the Challenge will be requested before the allocation of the prizes (eg identity document, KBis extract, student card, etc.).
This Challenge is void in countries where it is prohibited or limited by applicable law or regulation.
 
5. Principle of the Challenge and modalities of participation
Participation in the Challenge must be done as a part of a team of 2 to 3 members.
 Each Team member must accept the Rules, by clicking online through the Agorize interface.
Each team must establish a relationship with an Auckland-based not-for-profit/social enterprise with whom they will work in partnership to create their idea. The Decathlon Foundation will not fund the winning team, but the sports organisation that partners with the winning team.
 
The Organizing Company may disqualify a Team (as well as all its members) in the event that one of the members has not accepted or has not complied with the obligations arising from the Rules.

The Challenge consists in the realization by the Participants of contributions (or project) formalized by deliverables, meeting the requirements set by the Organizing Company in the Challenge brief. This brief includes information such as the various deadlines, details of the allocations, the requirements of the Organizing Company, etc. ("The Brief").

This Brief is available on the Challenge Site.

6. Deliverables
During the Challenge, Participants can download, via the Challenge Site, any document or file (such as texts, presentations, videos, etc.) relating to their project as a response and solution to the Challenge of the organizing Company (the "Deliverable").

To be valid, the Deliverables must (i) respond to the specific problem posed in the Brief, (ii) be in a classic digital format, such as doc, docx, pdf, ppt, pttx, key, odt, mp3, mpeg, mov , mp4, (iii) generally comply with the conditions set by the Regulations.

If a Deliverable cannot be downloaded, is not in the correct format, or is incompatible, illegible or unintelligible, it will be disqualified.

By submitting a Deliverable, Participants represent and warrant that:

The Deliverable is only made up of contributions from an individual Participant or a Team.
Failing that, if content from a third party has been used for 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 a contribution from a third party in violation of these rights will result in the disqualification of the Deliverable and the Participants concerned.
No other natural person and / or legal entity, whatever its form, can claim any right through the use of the Deliverable;
The content of the Deliverable does not and will not violate any right of a third party, including (without this list being exhaustive) intellectual property rights, the right to respect for private life, competition law, confidentiality, or any other contractual or non-contractual right. Any Deliverable suspected of violating the rights of third parties and / or one or more law (s) will be ineligible for the Challenge.
The Participants are responsible for all costs and expenses relating to the preparation and submission of the Deliverables.
The Participants are solely responsible in the event of damaged, lost, delayed, incomplete, invalid, incorrect or misdirected Deliverables.

7. Course of the Challenge
Stages of the Challenge. The Challenge is made up of several selection phases:

Registration:  Accepted from February 23rd, 2021 10:00 a.m. to April 23rd, 2021, 10:00 a.m.
Likes contest: from May 7th, 2021 10:00 a.m. to June 18th, 2021, 10:00 p.m.
At the end of this stage, 3 Deliverables, including the team with the most likes, plus 2 teams chosen by the judges will be selected to advance to the grand finale.
The final pitch: Participants are not asked to submit a Deliverable on the Challenge Site for this final step.
The fact that a Participant does not submit a Deliverable on the Challenge Site before the deadline will be considered as an abandonment of his participation in the Challenge. The Participant will not be able to re-enter the Challenge under any circumstances, nor will he be able to obtain any compensation from the Organizing Company.

Notification to Participants. Once the selection is complete, Participants will be notified by email, telephone, or by any other means, at the sole discretion of the Organizing Company, of the results of each selection step. The Organizing Company will be free to modify the dates on which the results are communicated in the event that the number of projects to be examined would make this change necessary. The ranking decided by the jury will designate the finalist Participants.
 
A. Registration & Ideation
Team Registration must have been received by the Organizing Company before 19 April 2021, 10:00 p.m.
The Deliverables for the first phase must meet the specifications defined in Section 6 above, and must include: Create a 3 minute video about your team and your project. The video must include a presentation of the team, the project, the communication and the resources needed (Financial, Human, Material). This must have been downloaded by 23 April, 2021, 10:00 p.m.

B. Likes competition

As part of this second selection step, the votes will take place as follows: Vote by the mention "like"

Voters from the general public (hereinafter the “Voters”) can evaluate the Deliverables and participate in a vote by assigning a “like” mention to their favorite project.
 
A representative from each teams will be expected to attend a community sports event being hosted at Bruce Pullman Park on Saturday 5th June, to showcase their deliverable and discuss the progress with the judges.

The vote by the mention "like" will take place from May 7th, 2021 to June 18th, 2021.

With the exception of the provisions set out below, the team who received the most "likes" at the end of the voting stage win this vote and move on to the next stage of the selection. Two additional teams will be selected by the jury to participate in the grand finale, scheduled for 7 July, 2021 (8pm-10pm).
The Participants will be informed of the results of the second selection stage on 21st June, 2021, 10:00 a.m.

C. The Grand Finale

The Participants selected to participate in the Grand Finale will be contacted directly by the Organizing Society.
In the absence of confirmation of their participation when the Organizing Company has attempted to contact them by email and telephone, the Organizing Company reserves the right, in its sole discretion, to disqualify the Participants concerned. Such disqualification, if any, shall not give rise to any compensation from the Organizing Society.

This final phase will consist of a 10 minute oral presentation of the projects selected by the Participants.
At this stage of the selection, the Participants are not asked to submit Deliverables via the Challenge Site before the Final.

However, each Participant is requested to prepare a Deliverable that meets the criteria in Section 6 for a 10/15 minute Oral Presentation.

This document will be used as a presentation document during the oral presentation given by the participants involved in the project.

At the end of this stage, the jury, composed of the members of the Board of Directors of the Decathlon Foundation will be in charge of awarding the association or non-profit organization concerned with the project all or part of the desired reward (human, financial, material resources).

8. Staffing(s)
The awards refer to the prizes awarded to the Challenge winners defined below.
They are granted to the winners of the Challenge and are conditional on compliance with the following cumulative conditions:

- Delivery of Deliverable(s) in accordance with the criteria set out in Section 6; - acceptance and compliance by each of the winners or participants in the winning project with the provisions of this Regulation; - Proof that the winning Participants meet the eligibility requirements of Section 4 may be reported.
No prize will be awarded to a winner who does not meet the above conditions.

Once confirmed by the Organizing Society, the winner(s) will receive:

The 3 projects will be able to present their project to the jury composed of members of the Board of Directors of the Decathlon Foundation. This jury will decide to award the association or non-profit organization concerned by the winning team, all or part of the desired reward (human, financial, material resources).
 
1st team price : NZD$6000 NZD products on the DECATHLON.NZ website and an AUT fees Scholarship up to the value of $6000
2nd and 3rd team price : NZD$3000 products on the DECATHLON.NZ website and one year's free membership to AUT Gym!
3 Memberships to the AUT gym & UBIQ Book Vouchers

No assignment or transfer of prizes by a winner is permitted between winners. If a winner cannot be contacted, cannot accept the endowment or part of it for any reason whatsoever, the Organizing Society has no obligation towards this winner. The Organizing Society will not replace an endowment that is lost or stolen after being awarded to the winners. Any winner will accept the endowment "as is". The Organizing Society does not provide any guarantee whatsoever on the endowments.


In the event that a winner cannot be contacted by e-mail or telephone, within three (3) months of the first attempt to contact, it shall be deemed to have renounced the endowment entirely and shall not be entitled to obtain such endowment from the Organizing Body, nor any compensation or compensation.

If the endowment as originally planned is unavailable, the Organizing Body will be free to substitute another endowment of equivalent value. This decision is at the sole discretion of the Organizing Society.

A Participant who does not comply with the conditions of participation stipulated in the Rules during his registration and/or at any stage of the selection process will be disqualified immediately and without notice of the Challenge, and he will not be able to receive any staffing. In the event that a grant is awarded to a Participant who does not meet the conditions for participation at the time of registration or at any time during the Challenge, the Organizing Body reserves the right to require this Participant to return the allocation.

9. Content of Contributions
In general, it is stipulated that selection files (written and video files) and projects communicated by the Teams (hereinafter referred to as "the Contribution(s)") must in no case prejudice good morals, respect for human dignity, the values of the DECATHLON network, the protection of minors and their image and the respect of all regulations applicable to public order.

In this respect, the following Contributions shall be systematically refused: content of a vulgar, defamatory, abusive, obscene, racial or xenophobic character, pornographic, illegal or likely to be illegal, inciting to the consumption of alcohol, or more broadly any element that would be considered to be contrary to morality and/or law.

In general, the company DECATHLON FRANCE reserves the right to invalidate the participation in this Game or the win, without prior warning, of any Participant and Team broadcasting a Contribution that does not comply with the provisions of these rules.

10. Confidentiality
It does not impose on the Challenge Organizing Company any obligation to keep confidential the information contained in the Deliverables submitted by the Participants.

 In general, by submitting a Deliverable, the Participants acknowledge and agree that the information contained therein may be disclosed to the public by the Organizing Body.

If you are a winner, the Organizing Body may ask you to sign a confidentiality agreement to enter into negotiations regarding the development of your project as described in your Deliverable. This confidentiality agreement will apply to your Deliverable and the intellectual property rights associated with it.

In addition, the Participants acknowledge that the Organizing Company may or may develop on its behalf, or receive information from third parties similar to that contained in one of the Deliverables. Accordingly, nothing in these Rules prohibits the Organizing Company from independently acquiring, independently developing, or having independently developed products, concepts, systems, services, or similar techniques or techniques that may compete with the products, concepts, systems, services or techniques that a Deliverable presents or provides.

The Participants acknowledge that other Participants, natural persons or companies, may have provided or will provide in the future to the Organizing Body or to third parties, or have disclosed to the public or will disclose, content similar or identical to information contained in a Deliverable. Accordingly, the Participants acknowledge and agree that the Organizing Company has the right to use such similar or identical content, and that the Participants will not be entitled to any compensation for the use of this content by the Organizing Society. 

11. Intellectual Property


Definitions. For the purposes of this section:

"Intellectual property rights" refer to any copyright or other rights relating to a trademark, design, patent and, more generally, any element (including trade secrets and know-how) which may be protected by national and/or international laws, or by intellectual property conventions (“Intellectual Property Rights”);
“Prior Rights” means any intellectual property rights and/or associated know-how held by the Participants prior to the start date of the Challenge (“Prior Rights”);
"Creations" or "contributions" of any software (including source and object code), database, technical specification, text, design, model, information, knowledge, method, process or product, and any resulting elements and/or processes, developed by a Participant as part of a Deliverable submitted during the Challenge and which may be protected or likely to be protected under national and/or international laws and conventions relating to intellectual property in force (the “Creations”).
Guarantee of non counterfeiting. By submitting a Deliverable, at any stage of the Challenge, each Participant warrants to the Organizing Company that it is the co/owner and/or co/owner of the Intellectual Property Rights relating to all or part of the Creations contained in the Deliverables, and has obtained all necessary rights and authorisations relating to these pre-existing Creations or those belonging to a third party.

Each Participant guarantees that: (i) its contributions are unpublished and original; (ii) its contributions do not infringe the rights of a third party; (iii) all elements of its contributions and all information communicated in the Deliverables are accurate, reliable and complete; and (iv) the submission of the Deliverables does not constitute an act of unfair competition.

The Participants must include the source of all pre-existing Creations included in the Deliverables submitted. Any Deliverable developed by more than one Participant is a collaborative work and should be treated as such under applicable regulations.

Promise of assignment of rights
Participation in the Game and the transmission of Contributions implies the acceptance by each Participant, winner or not, of the conditions defined in this article.

By depositing its Contributions on the Site, each Participant authorises DECATHLON FRANCE and the DECATHLON Network to exploit, reproduce, represent and adapt all or part of its Contributions, its name, first name(s), its age, its address, as well as its image and other personality rights in the context of the film having as its object the final phase of the Game, that for the promotion and the illustration of the Game, and more generally for any use that the company DECATHLON FRANCE and/or the Network DECATHLON will decide to make (in particular for promotional, advertising and/or commercial purposes), by any means, in any form, and on any media.

The DECATHLON Network means the company DECATHLON FRANCE and any subsidiary of Decathlon NZ held directly or indirectly for at least 10% of the voting rights expressed at the meeting, alone or jointly with any other company itself held.

The authorization referred to above is issued free of charge, worldwide and for a period equal to that of the protection which the Contributions may be subject to in all countries where protection may be obtained.

Each Participant guarantees to the company DECATHLON FRANCE and to the Network DECATHLON to be the holder or to have obtained all rights and authorisations allowing the holdings referred to herein.

In this respect, the Participant must have ensured in particular that any person who has directly or indirectly participated in the realization or who may claim any right in respect of the Contributions and their exploitation, whether in particular under intellectual property rights (copyright or related rights, trademark rights, etc.) or personality rights (in particular the right to image, the right to privacy, etc.) may not come forward to issue claims in respect of the holdings referred to in this Regulation. The Participant shall make available to DECATHLON FRANCE and/or the DECATHLON Network all necessary written authorisations.

The Participant guarantees the company DECATHLON FRANCE against any recourse exercised by any third party in respect of the holdings referred to in this Regulation. In this regard, the Participant undertakes to assume all costs related to any action and the convictions pronounced, in the event of claims or proceedings against the company DECATHLON FRANCE and the Network DECATHLON. 

12. Responsibility.

12.1. The liability of the company DECATHLON FRANCE cannot be incurred if, for a case of force majeure or independent of its will, the Game should be modified, shortened or cancelled.

It reserves the right in all cases to extend the participation period, and/or to postpone any announced date.

Any amendment to the By-Laws shall give rise to a new deposit in the Study and shall come into force from the date on which it is posted and any Participant shall be deemed to have accepted it by reason of its participation in the Game, from the date on which the amendment comes into force. Any Participant refusing the modification or modifications made shall cease to participate in the Game.

12.2. The company DECATHLON FRANCE may cancel all or part of the Game if it appears that fraud has occurred in any form whatsoever, in particular in a computer-based way as part of the participation in the Game or the determination of the winners. In particular, it will be considered fraud for a Participant to register and then participate in the Game under one or more fictitious nominees or borrowed from one or more third parties. Any fraud shall result in the elimination of the Participant and its Team.

The company DECATHLON FRANCE reserves the right, in this case, to exclude automatically any participation from a fraudster, without the latter being able to claim anything.

DECATHLON FRANCE reserves the right to sue anyone who has committed fraud or attempted to do so. However, it shall not be liable in any way to the Participants for any fraud committed.

12.3. Participation in the Game implies knowledge and acceptance of the characteristics and limitations of the Internet, in particular with regard to technical performance, response times to consult, query or transfer information, risks of interruption, and more generally, the risks inherent in any connection and transmission over the Internet, the lack of protection of certain data against possible diversions and the risk of contamination by possible viruses circulating on the network.

Consequently, DECATHLON FRANCE cannot be held liable under any circumstances, without this list being exhaustive:
 
- the content of the services consulted on the site https://talentgames.decathlon.com/en/challenges/aut-challenge and generally any information and/or data disseminated on the services consulted on the Site
- the transmission and/or reception of any data and/or information on the Internet;
- any malfunction of the Internet network that prevents the smooth running/functioning of the Game;
- failure of any reception equipment or communication lines;
- loss of any electronic mail and, more generally, loss of any data;
- routing problems; and
- the operation of any software;
- the consequences of any virus, computer bug, anomaly, technical failure;
- any damage to a Participant’s computer;
- any technical, hardware and software failure of any kind that prevented or limited the possibility of participating in the Game or that damaged a Participant’s system.

It is specified that the company DECATHLON FRANCE cannot be held responsible for any direct or indirect damage resulting from an interruption, any malfunction whatsoever for any reason whatsoever, or any direct or indirect damage that would result, in any way, from a connection to https://talentgames.decathlon.com/en/challenges/aut-challenge. It is the responsibility of any Participant to take all appropriate measures to protect its own data and/or software stored on its computer equipment against any breach. The connection of any person to the Site and participation in the Game is their sole responsibility.

13. Amendment of the Rules, Suspension and Cancellation of the Challenge


Update to the Regulations. The Organizing Body reserves the right to modify at any time the provisions of the By-Laws, including the duration of the Challenge if operational requirements require it, without the application or validity of such changes requiring notification to the Participant. The Participant is invited to consult the Rules regularly. The Participant expressly waives any claim or challenge to any amendment to the By-Laws made by the Organizing Company.

In the event that one or more stipulations in the Regulations are considered illegal, void, unenforceable or unenforceable by a court decision, the other stipulations of the Regulations will remain in force.

Suspension or cancellation of the Challenge. The Organizing Company reserves the right, at its discretion, to (i) cancel, terminate, amend or suspend the Challenge and the Rules, for whatever reason, at any time and without incurring liability, and (ii) to limit or restrict participation in the Challenge. The Organizing Company shall not be liable for the modification, cancellation or suspension of the Challenge, and no compensation or remuneration shall be due to the Participants.

14. Evidence Agreement


It is agreed that, except in the case of manifest error, the company DECATHLON FRANCE may avail itself, in particular for the purpose of proving any act, fact or omission, of the programs, data, files, records, operations and other elements (such as monitoring reports or other statements) of a nature or in computer or electronic formats or media, drawn up, received or kept directly or indirectly by the company DECATHLON FRANCE, in particular in its information systems.

The Participants undertake not to contest the admissibility, validity or probative force of the aforementioned elements of a nature or in computer or electronic formats or media, on the basis of any legal provision specifying that certain documents must be in writing or signed by the parties in order to constitute evidence.

Thus, the elements considered constitute evidence and, if they are produced as evidence by the company DECATHLON FRANCE in any litigation or other proceedings, they will be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same probative force as any document that would be prepared, received or kept in writing.

If a Game screen showing the win of a prize is displayed, a unique and personal encrypted code will be displayed on the screen. It will allow the company DECATHLON FRANCE to control the link between the screen and the Participant.

 

15. Protection of personal data


Participation in the Challenge requires the communication of the Participant’s personal data (“Personal Data”).

The Participant’s Personal Data is subject to processing within the meaning of the Regulation on the protection of personal data (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 known as “GDPR”) for which the Organising Company defines the purposes and means and is therefore responsible for this processing within the meaning of the GDPR.

The purposes of this processing are:

to meet the organization needs of the Competition; organize the intermediation between the Participant and the Partner Organisation, ensure the identification, communication and preservation of exchanges with the Participant;
In accordance with the provisions of the GDPR, the Organizing Company undertakes to implement organisational and technical security measures to protect all Participants' Personal Data. Similarly, the Organizing Body undertakes to enable the Participants to exercise their rights under the GDPR.

16. Claims
Any complaint from a Participant relating to the Challenge must be sent no later than 30 days after the end date of the Challenge to kamel.medjabra@decathlon.com. All complaints must include: (i) full contact information (name, address, email address and telephone number); (ii) the Challenge reference; (iii) a clear and detailed explanation of the complaint.

17. Governing Law and Dispute Resolution
The Rules and the Challenge are subject to French law

In the event of a dispute that persists beyond a period of fifteen (15) days after the Participant has made a complaint, the Organizing Company and the Participant undertake to submit their dispute to amicable conciliation prior to any legal proceedings. The party wishing to enter into conciliation shall inform the other party by means of a registered letter with acknowledgement of receipt in which it shall inform him of its intentions and the cause thereof. If no agreement is reached between the parties within thirty (30) days of receipt of the registered letter, the parties shall regain their freedom of action.

In the event of persistent disagreement on the application or interpretation of the Rules, and in the absence of an amicable agreement, any dispute that may arise between the parties, will be subject to the exclusive jurisdiction of the French courts to which the parties expressly assign jurisdiction, even in case of plurality of defendants, in summary proceedings, appeal in guarantee or by petition.

18. Filing and Consulting the Regulations
The full Regulations are tabled for consideration of:

Maitres Darras, Moreau and Delamaide, associated judicial officers, located:

17, rue du Carillon, BP 133

59650 VILLENEUVE D'ASCQ cedex (France).


The Rules are available on the interface to participate in this Game.

The full Rules will also be sent by post, free of charge, to any person, upon request addressed to:

DECATHLON FRANCE, 4 bd de Mons, 59650 VILLENEUVE D’ASCQ – Challenge Fondation Decathlon

The stamp will be refunded on the basis of the current slow “letter” rate, upon request with the Regulations.

No oral requests concerning the Game will be answered.