TERMS AND CONDITIONS: PULSE AWARDS

1.    DEFINITIONS
1.1  Reference to the “Organisers” means EDF Energy Plc, 40 Grosvenor Place, Victoria, London SW1X 7EN;

1.2 Reference to the “Committee” means the team of individuals made up of members of the Organiser, convened to oversee the running of the Programme, select an Applicant for the Programme, and attend the Pitch Day. Each Category will have its own Committee;

1.3 Reference to “Category” will mean each of the challenges as advertised at edfenergy.com/Pulse-Awards;

1.4 Reference to “Application” means the documentation required by the Organisers from an applicant (“Applicant”) in order for them to be considered for a place in the Programme, and consisting of, at a minimum, the specified information set out in these Terms and Conditions and the Programme Information made available to the Applicant;

1.5 Reference to “Application Period” means the period between 00:00GMT on 19 September 2017 and 00:00GMT on 18 November 2017;
Reference to “Programme” means the participation of one successful Applicant in the undertaking of a proof of concept exercise which will demonstrate the capability of predictive analytics in identifying new insights in the cause of major Health and Safety incidents, the details of which are in the Programme Information already provided to the Applicant;
Reference to “Pitch Day” means a day organised by the Organisers for a maximum number of six Applicants to present their ideas and plans in order to attempt to secure a place in the Programme; and
Reference to “Programme Information” means the additional information that the Applicants will have access to on the edfenergy.com/Pulse-Awards website, together with these Terms and Conditions, which set out the specifications for the Applications, and all other relevant information relating to the Programme.

 

2. ELIGIBILITY

The Programme is open to Applicants who are:

Corporations (including not-for-profit corporations and other non-profit organisations), limited liability companies, partnerships or other legal entities, so long as the founding members are all at least 18 years of age; or
Are individuals, or teams of individuals, who have not yet formed a legal business entity, provided that the individual or individuals are all at least 18 years of age; and
have a fully-functioning product/service for use in the Application, or a strong prototype that has not yet been launched to the market.cc

Applicants must own or have access, at their own expense, to a computer, an internet connection and other electronic devices, documentation, software or other items that the Organisers deem necessary to create and enter an Application to the Programme.
Applicants must own or have access to, at their own expense, the necessary hardware and software required in order to develop and run complex data analytics programmes.
Each Applicant who is a team or organisation must appoint one individual (the “Representative”) to represent it and act on its behalf, including registering and entering an Application, of said team or organisation. The Representative represents and warrants that he/she is duly authorised to act on behalf of the team or organisation and has read these Terms & Conditions, and that the Applicant team or organisation agrees to abide by these Terms & Conditions.
All costs of preparing and submitting an Application, participating in the Programme, and attending the Pitch Day are to be borne by the Applicants.  Unless agreed otherwise, the Organisers will not reimburse any Applicant for any expense incurred throughout the Application process and during the course of the Programme.
Applicants who are selected must be able to attend in the UK in person on the Pitch Day, the date of which will be provided at the time of invitation. International Applicants who are invited to participate in the Pitch Day may be subject to UK visa restrictions and are responsible for paying travel costs associated with their trip.
Applicants must then present their Applications at the Pitch Day after which the Organisers will select the successful Applicant who will take part in the Programme. The successful Applicant must be able to attend at an EDF Energy office during the duration of the Programme in order to work on data sets or other secure information.
The following individuals and entities are not eligible regardless of whether or not they meet the criteria set out above: the Organisers and their employees, members of any Committee, external business advisers to the Programme, and individuals involved with the design, production, promotion, execution, or distribution of the Programme and each member of any such individual’s immediate family or household.

 

3. THE APPLICATION

The Applicants must enter an Application only during the Application Period.
Any Application entered outside of the Application Period will not be automatically considered for participation. The Committee shall reserve the right to consider late Applications in exceptional circumstances (and the Committee shall decide in its sole discretion whether exceptional circumstances apply).
The Organisers shall not accept any responsibility for any Applications that are lost, damaged or delayed in transit, including, for example, as a result of equipment failure, technical malfunction or software failure of any kind.
Applications must be submitted through the Pulse website (https://www.f6s.com/edfenergypulseawards) and by following the instructions set out in the Programme Information.  
Applications are in English and must be filled out in English.
The Application (together with the information set out in the Programme Information) must

contain information related, but not limited, to:

The experience of the organisation with regards to working on appropriate or relatable solutions;
The team involved;
The company information (where applicable);
Reasons for the Application and why the Applicant would like to participate in the Programme;
The team involved;
Company information (where applicable);
Estimated timeframes to complete the Programme with key milestones in development clearly set out; and
The specific Category that the Application pertains to.
An Applicant may enter more than one Application so long as each of their Applications is substantially different (and the Organisers shall determine in their sole discretion the similarity of the Applications). If similar Applications are received from the same Applicant, the Organisers may require the Applicant to choose which of their Applications to enter. If an individual is a member of more than one team or organisation, the Applications made by the team or organisation that the individual is part of must be substantially different from other Applications the individual is involved in. The Organisers reserve the right to disqualify any Application that in the Organiser’s opinion is a duplicate or substantially similar to another Applicant’s Application.
An Application may be rejected in the sole discretion of the Organisers for any reason, including if the Application, either in part or in its entirety, is deemed by the Organisers to be obscene, defamatory, likely to incite violence or illegal activity, in violation of any third-party’s rights, or is otherwise deemed to be inappropriate.
Applications must not violate the intellectual property rights or other rights including, but not limited to, copyright, trademark, patent, contract, and/or privacy rights of any other person or entity, including the Organisers.
Applications must not attempt to duplicate a prior Application already submitted in this Programme. The Organisers reserve the right to disqualify any Application that in the Organiser’s opinion is a duplication of, or substantially similar to, another Application.
By entering an Application, the Applicant represents, warrants and agrees that any use of the Application by the Organisers or the Committee as authorised by these Terms & Conditions, shall not infringe upon, misappropriate or otherwise violate any intellectual property right or proprietary right including, without limitation, any registered or unregistered trademark, copyright, design rights or patent, nor any privacy rights, moral rights nor any other rights of any person or entity.

 

4. SELECTION CRITERIA

Applications will be put through an initial screening by the Organisers. The Committee will rate the quality of all Applications by considering, but not limited to, the following points, together with those encompassed in the Programme Information, during the selection process:

Previous experience of the Applicant; and
Feasibility of delivery and overall quality of the concept set out in the Application;
the originality and distinctiveness of the product or concept;
the economic viability of the product or concept; and
the quality of the team involved (vision, expertise, leadership)

The Committee reserves the right to change, amend or add to these criteria at any time.
The Committee will thereafter select up the best Applicants to be invited to take part in the Pitch Day, though the Committee reserves the right (in its sole discretion) to select more or less depending on the quantity and quality of applications received.

 

5. PROGRAMME PARTICIPATION

Once the selection process has been completed, the Applicants that have been invited to attend the Pitch Day will receive an invitation from the Organisers. The Applicants will be required to confirm their participation in the Pitch Day by late November 2017. This confirmation will encompass entering into additional documentation which will be agreed between the Organisers and the Applicants, including further due diligence by the Organisers which may comprise of, without limitation, verification of identity and qualifications, details of legal entity (where applicable) and their role in the creation of their idea. The documentation may also include conditions about exclusivity of product access for the Organisers should the Applicant be selected for the Programme and their product developed.
Until, and unless, any such documentation is agreed and entered into by all of the parties, the Applicant shall not be obligated to participate in the Pitch Day and the Organisers shall not be obliged to admit the Applicant to the Pitch Day, despite having issued the invitation.
At the sole discretion of the Organisers, an Applicant invited to participate in the Pitch Day will be deemed ineligible if:

5.3.1 they refuse, or are unable, to participate in the Pitch Day;

5.3.2 the documentation, as set out in 5.1, has not been agreed and

executed within 14 days of being issued to the Applicant;

5.3.3 they are uncontactable for a period of more than 7 days; and/or

5.3.4 any member of their team is disqualified for any other reason.

In the event of disqualification, the Committee, at their sole discretion, may select an alternative Applicant.
The selection process will run for a defined duration agreed between the Organisers and the Applicant once an invitation has been issued. The key dates are set out in the Programme Information, and are as follows:
Application opens – 19/09/2017
Application Closes – 18/11/2017
Pitch day – w/c 04/12/2017

 

The Organisers reserve the right to change these dates at any time and for any purpose without notice.

Applicants will only be allowed to declare participation in the Programme on any website or materials in accordance with promotion guidance given, should they be the selected Applicant and are notified of such after the Pitch Day. If an Applicant is thereafter disqualified at any point, the right to claim association with the Programme is immediately revoked.
The successful Applicant will be required to participate in mentoring sessions, speeches and workshops organised as part of the Programme, throughout the Programme. The Organisers will consider an Applicant’s external commitments when scheduling activities wherever possible.
The Organisers reserve the right to disqualify any Applicants from the selection process or the Programme for any reason and at any time, including, without limitation, unsatisfactory or inappropriate participation in the selection process or Programme activities.
Participation in the Programme constitutes an Applicant’s consent to each of the Organisers, and their agents’ use of the Applicant’s name and description, including organisation name, if applicable, and the Applicant’s likeness, photograph, voice, opinions, comments and/or the place of business / residence of the Applicant (or individuals who contributed to the Applicant’s Application) for promotional purposes in any media, worldwide, without further payment or consideration for a period of up to four years following the conclusion of the Programme.
The terms of any commercial agreement reached between the Organisers and the successful Applicant, and arising from Programme participation, will be negotiated separately to these Terms and Conditions and any other Programme documentation, including the Programme Information (as per clause 5.1). However, at no point will participation in the Programme constitute a guarantee that the Organisers will offer or enter into a commercial agreement in respect of the product developed by an Applicant.

 

6. ENTRY CONDITIONS AND INDEMNITY

6.1       Subject to Clause 6.2, each Applicant acknowledges and agrees that the relationship between the Applicants, the Organisers and the Committee is not a fiduciary, or other special relationship, and that the Applicant’s decision to provide the  Application to the Committee for the purposes of the Programme does not place the Committee and their respective agents in a position that is any different from the position held by the members of the general public with regard to elements of the Application, except as specifically provided in these Terms and Conditions.

6.2       The Committee and/or the Organisers will request that the successful Applicant, upon being chosen to take part in the Programme, enters into a non-disclosure agreement with the Organisers due to the confidential nature of the information and data that the Applicant will work with and be privy to, throughout the Programme. In accordance with Clause 6.3.2, the Applicant will warrant and fully indemnify the Organisers and the Committee against any and all breaches of the provisions in the non-disclosure agreement.

6.3       By entering an Application, each Applicant (including all participating members of a team or organisation) agree(s) to:

6.3.1    comply with and be bound by these Terms & Conditions and the decisions of the Organisers and/or the Committee, which are binding and final in all matters relating to the selection process and the Programme; and

6.3.2    indemnify, defend and hold harmless the Organisers, the Committee and their respective parent, subsidiary, and affiliated companies and any other organisations responsible for sponsoring, fulfilling, administering, advertising or promoting the Programme, and all of their respective past and present officers, directors, employees, agents and representatives from and against any and all claims, expenses, and liabilities (including legal fees), including, but not limited to, negligence and damages of any kind to persons and property, defamation, infringement of trademark, copyright, design right or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Applicant’s Application, creation of the Application or entry of the Application, participation in Pitch Day, participation in the Programme and/or the broadcast, transmission, performance, exploitation or use of an Application as authorised or licensed by these Terms & Conditions.

 

7. LIABILITY

Subject to clause 7.2 and 7.3, the liability of the Organisers under this agreement is strictly limited to £100.
Subject to clause 7.3, the Organisers shall have no liability in connection with:

7.2.1    any incorrect or inaccurate information, whether caused by the Organisers’ or an Applicant’s electronic or printing error or by any of the equipment or programming associated with or used in the selection process or the Programme;

7.2.2    technical failures of any kind including, but not limited to, malfunctions, interruptions, or disconnections in internet connectivity or electronic transmission errors, or network hardware or software or failure of the Programme website;

7.2.3    unauthorised human intervention in any part of the selection/Application process or the Programme;

7.2.4    technical or human error which may occur in the administration of the selection process, Programme or the processing of Applications; and

7.2.5    any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Applicant’s participation in the Pitch Day, overall selection process or the Programme. If for any reason any Applicant’s Application is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the Applicant’s sole remedy is to request the opportunity to resubmit its Application, which request will be determined in the sole discretion of the Organisers if the Application Period is still open.

Nothing in these Terms & Conditions shall exclude or limit any party's liability for death or personal injury caused by its negligence, for fraudulent misrepresentation and/or for any other loss or damage the exclusion or limitation of which is prohibited by English law.

 

8. GENERAL CONDITIONS

The Organisers reserve the right to cancel, suspend and/or modify the Programme, or any part of it, if any fraud, technical failure or any other unanticipated factor or factor beyond the Organisers’ control impairs the integrity or proper functioning of the Programme, as determined by the Organisers at their sole discretion. The Organisers reserve the right in their sole discretion to disqualify any Applicant, including if it finds the Applicant to be tampering with the Programme, specifically including, but not limited to, the entry or voting process (for example by using the aid of computer software programs to auto-fill entries), or the operation of the Programme, or to be acting in violation of these Terms & Conditions, or in a manner that is inappropriate, unsportsmanlike, not in the best interests of this Programme, or a violation of any applicable law or regulation.
Any attempt by any person to undermine the proper conduct of the Programme may be a violation of criminal and civil law, and, should such an attempt be made, the Organisers reserve the right to take proper legal action, including, without limitation, referral to law enforcement for any illegal or unlawful activities.
The Organisers’ failure to enforce, or any delay in the enforcement of, any provision of these Terms & Conditions shall not constitute a waiver of that provision. The Organisers are not responsible for incomplete, late, misdirected, damaged, lost, illegible or incomprehensible Applications or for address or email address changes of the Applicant. Proof of sending or submitting will not be deemed to be proof of receipt by the Organisers.
In the event of any discrepancy or inconsistency between any provisions of these Terms & Conditions and disclosures or other statements contained in any Programme materials, including, but not limited to, the Programme Application form, Programme website, advertising (including, but not limited to, television, print, radio or online ads), the Programme Information, and documentation, these Terms & Conditions shall prevail.
The Organisers reserve the right, without liability, to amend these Terms & Conditions at any time, including the rights or obligations of Applicants, the Organisers and the Committee. In such event, the Organisers will notify the Applicants of the amended Terms and Conditions. Any amendment will become effective at the time the Organisers post the amended Terms and Conditions.
All intellectual property related to the Programme, including, but not limited to, trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations, are owned or used under license by the Organisers and the Committee. All rights are reserved. Unauthorised copying or use of any copyrighted material or intellectual property without the express written consent of its owners is strictly prohibited.
By submitting the Application, and if selected to be the Applicant in the Programme, the Applicant agrees to assign to the Organisers all the intellectual property rights with full title guarantee and to waive all moral rights, in and to the Application and the resultant product, and howsoever otherwise arising in connection with the Application, including but not limited to data transformations, clustering models, analytic models and source code. 
Should any provision of these Terms & Conditions be, or become, illegal or unenforceable, such illegality or unenforceability shall leave the remainder of these Terms & Conditions unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Committee’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.

 

9. LAW AND JURISDICTION

9.1 These Terms & Conditions are governed by English law and the parties hereby accept the exclusive jurisdiction of the English courts in relation to any dispute (including any associated non-contractual disputes or claims) arising under or in connection with these Terms & Conditions or the Programme.