EDF Energy Pulse Awards: Data solutions for improving health and safety
1.1 Reference to the “Organisers” means EDF Energy Plc, 40 Grosvenor Place, Victoria, London SW1X 7EN;
1.2 Reference to the “Data Analytics 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;
1.3 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 the Launch Pack already provided to the Applicant;
1.4 Reference to “Application Period” means the period between 00:00GMT on 15 August 2016 and 00:00GMT on 21 October 2016;
1.5 Reference to “Programme” means the participation by 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 Launch Pack already provided to the Applicant;
1.6 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
1.7 Reference to “Launch Pack” means the documentation that the Applicants will receive, together with these Terms and Conditions, which sets out the specifications for the Applications, and all other relevant information relating to the Programme.
2. ELIGIBILITY OF APPLICANTS
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.
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, at their own expense, to 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, attending the Pitch Day and participating in the Programme, 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 will then present their Applications at the Pitch Day, after which the Organisers will select an Applicant to partake in the Programme.
The successful Applicant must also be able to attend the Coal-fired Power Stations in Nottinghamshire for the duration of the Programme in order to work on the data sets involved.
The following individuals and entities are not eligible regardless of whether or not they meet the aforementioned criteria:
- the Organisers and their employees;
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
3.1 Applicants may enter an Application only during the Application Period.
3.2 Any Application received outside of the Application Period will not be automatically considered for participation. The Data Analytics Committee shall reserve the right, however, to consider late Applications in exceptional circumstances (and the Data Analytics Committee shall decide in its sole discretion whether exceptional circumstances shall apply).
3.3 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.
3.4 Applications must be submitted through the website https://www.f6s.com/analyticschallenge by clicking “Apply” and following the instructions set out on the website and in the Launch Pack.
3.5 Applications are in English and must be filled out in English.
3.6 The Application must contain information related, but not limited, to:
3.6.1 The experience of the organisation with regards to working on appropriate data analytics solutions;
3.6.2 The team;
3.6.3 Company information (where applicable);
3.6.4 Reasons for the Application and why the Applicant would like to join the Programme; and
3.6.5 Estimated timeframes to complete the Programme and key milestones in development.
3.7 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.
3.8 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.
3.9 Applications must not violate the intellectual property rights or any other rights including, but not limited to, copyright, trademark, patent, contract, and/or privacy rights of any other person or entity, including the Organisers.
3.10 By entering an Application the Applicant represents, warrants and agrees that any use of the Application by the Organisers or the Data Analytics 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, any privacy rights, moral rights or any other rights of any person or entity.
4. SELECTION CRITERIA
Applications will be put through an initial screening by the Organisers. The Data Analytics Committee will rate the quality of all Applications to by considering, but not be limited to, the following points, together with those encompassed in the Launch Pack:
4.1.1 Previous experience of the Applicant;
4.1.2 Feasibility of delivery; and
4.1.3 Quality of the concept.
4.2 The Data Analytics Committee reserves the right to change, amend or add to these criteria at any time.
4.3 In the Data Analytics Committee’s sole discretion, a maximum number of six Applicants may be selected and invited to partake in the Pitch Day, with only one successful Applicant chosen to take part in the Programme.
5.1 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 7 November 2016. 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.
5.2 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.
5.3 At the sole discretion of the Organisers, an Applicant invited to participate in the Pitch Day will be deemed to be ineligible if:
5.3.1 They refuse to, or are unable to participate in, the Pitch Day;
5.3.2 The documentation set out in 5.1 has not been agreed and executed within 14 days of it having been 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.
5.4 In the event of disqualification the Data Analytics Committee, at their sole discretion, may select an alternative Applicant.
5.5 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 Launch Pack, and as follows:
- Application opens – 15/08/2016
- Application Closes – 21/10/2016
- Pitch day – 11/11/2016
The Organisers reserve the right to change these dates at any time and for any purpose without notice.
5.6 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.
5.7 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.
5.8 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.
5.9 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.
5.10 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 Launch Pack (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 Data Analytics Committee is not a fiduciary, or other special relationship, and that the Applicant’s decision to provide the Application to the Data Analytics Committee for the purposes of the Programme does not place the Data Analytics 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 & Conditions.
6.2 The Data Analytics 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 made privy to, throughout the Programme. In accordance with Clause 6.3.2, the Applicant will warrant and fully indemnify the Organisers and the Data Analytics 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 Data Analytics 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 Data Analytics 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 Application, creation of an Application or entry of an Application, participation in the Programme, participation in Pitch Day and/or the broadcast, transmission, performance, exploitation or use of an Application as authorised or licensed by these Terms & Conditions.
7.1 Subject to clause 7.2 and 7.3, the liability of the Organisers under this agreement is strictly limited to £100 each.
7.2 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 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 process or the Programme;
7.2.4 technical or human error which may occur in the administration of the 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 selection process and/or Programme. If for any reason any 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.
7.3 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.
8.1 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 the Programme, or a violation of any applicable law or regulation.
8.2 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.
8.3 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.
8.4 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 Launch Pack, the Programme application form, Programme website, advertising (including, but not limited to, television, print, radio or online ads), the documentation and the Launch Pack, these Terms & Conditions shall prevail.
8.5 The Organisers reserves the right, without liability, to amend these Terms & Conditions at any time, including the rights or obligations of Applicants, the Organisers and the Data Analytics Committee. In such event, the Organisers will notify the Applicant of the amended Terms and Conditions. Any amendment will become effective at the time the Organisers posts the amended Terms & Conditions.
8.6 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/or the Data Analytics 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.
8.7 By submitting the Application and being selected to be the Applicant in the Programme, the Applicants agree 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.
8.8 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 Data Analytics Committee’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
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.