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Afsaneh Parvizi-wayne, Matthieu Benkerant, Natalie Paul and others are enlisted in the challenge
Westfield Grand Prix
Westfield Grand Prix
Championing the brands of tomorrow
WESTFIELD GRAND PRIX - TERMS & CONDITIONS - 2023
AMENDMENT NO. 1 TO THE RULES OF THE UNIBAIL WESTFIELD GRAND PRIX 2023 COMPETITION
Preamble
UNIBAIL MANAGEMENT, a simplified joint stock company with capital of 20,000,000 euros, registered in the Paris Trade and Companies Register under number 414 878 389, whose registered office is at 7 place du Chancelier Adenauer in PARIS (75016), and represented by its Managing Director, Ms Anne-Sophie SANCERRE, on the one hand, and WESTFIELD EUROPE LIMITED, a private limited company registered in England and Wales whose registered office is 4th Floor 1 Ariel Way, London, United Kingdom, W12, on the other hand, (hereinafter together referred to as "the Organiser"), both companies in the UNIBAIL-RODAMCO-WESTFIELD group specialising in the management, the promotion and investment of large shopping centres located in major cities in Europe and the United States, are organising a competition in the United Kingdom called the "Westfield Grand Prix" (hereinafter referred to as the "Competition") to promote new sustainable retail concepts created by young entrepreneurs and to support their development into the commercial successes of tomorrow.
The aim of the Competition is to highlight the creativity, commitment to sustainable development and efficiency of new retail concepts (hereinafter referred to as the "Concept") and to support the winners (hereinafter referred to as the "Winner(s)") in their commercial and development process.
The Competition aims to find new creators in all categories including food, fashion, retail, home equipment, services, health and beauty.
The terms and conditions of the Competition are set out in a set of rules (hereinafter the "Competition Rules") available at the URL https://grandprix.westfield.com/en/challenges/challenge-2023/agreements?lang=en.
Words and expression defined in the Competition Rules shall have the same meaning where used in this Amendment no.1.
As set out in the Competition Rules, the selection of the Winners takes place in a number of phases (as per the Competition Rules, the Organiser has exercised its right to delete Phase 2):
- Phase 1: An internal committee, composed of members of the Organiser, selects from among the applications submitted by Candidates, the applications that will be considered in Phase 2. The Organiser expects to select sixteen (16) candidates during this phase. However, the Organiser reserves the right to select a higher or lower number.
- Phase 2: Not Used.
Participation in phase 3 implies acceptance in principle by the shortlisted Candidate of the basic principles implemented in shopping centres for the operation of a commercial space.
- Phase 3: The completed applications of the finalists will be examined and presented by the Candidates to a final jury composed of professionals and representatives and/or members of the Organiser, who will designate one (1) Winner.
- Phase 3 bis: The projects of the Candidates shortlisted in phase 2 (or selected in phase 1, where there is no phase 2) will also be presented online via social media and/or any other means of communication used by the Organiser, at the latter's discretion. The external public will vote for one (1) Candidate who will be designated the "People’s Choice" (hereinafter the "Public Vote").
- Phase 4: The Candidate who wins the Westfield Grand Prix is invited to take part in an event called the "European Final", at the end of which the honorary distinction of "European Grand Prize Winner" is awarded.
The purpose of this amendment (hereinafter referred to as "Amendment no. 1") is to govern Phase 3 bis, which will determine the winner of the "People’s Choice" prize (hereinafter referred to as the "People’s Choice Winner").
- Course of the Public Vote
The Public Vote is open from 9am on 15th September 2023 to 23.59 on 1st October 2023 (hereinafter the "Voting Period"). Only voting entries (hereinafter the "Votes") submitted during the Voting Period will be taken into account.
Any natural person (hereinafter the "Voter") is entitled to take part in the vote to select the People’s Choice Winner.
Voting is limited to one Vote per Voter. The e-mail address given by the Voter will be used to validate the Vote cast.
If a Voter expresses more than one Vote, the Vote taken into account will be the last one expressed before the end of the Voting Period.
The procedure for the Public Vote is described below:
The Voter accesses the Public Vote via the URL https://westfieldgrandprix.typeform.com/2023-vote-uk
- The Voter expresses his Vote by completing the form
- The Voter confirms their e-mail address in order to validate their Vote
Only the Votes validated by confirmation of the Voter's e-mail address will be taken into account in selecting the People’s Choice Winner, subject to a limit of one Vote per Voter complying with the selection process set out below (the "Confirmed Votes").
- Selection of the People’s Choice Winner
The People’s Choice Winner is the Candidate who satisfies these two conditions:
- is not the Westfield Grand Prix winner; and
- has received the most Confirmed Votes at the end of the Voting Period.
The Organiser reserves the right not to accept any application, to interrupt and/or cancel the Competition at any time, at its sole discretion, without compensation of any kind and without being liable to any claim or liability in any way whatsoever. In any of these cases, the Organiser will inform the shortlisted Candidates.
The decisions of the internal commission, the external vote and the decisions of the final jury are final.
If an application is rejected, the decision-making body is not required to give reasons for its choice.
The Organiser may cancel the result before or after the awarding of the prizes if the information provided by the Candidate proves to be erroneous or in the event of non-compliance with the Competition Rules (as amended).
- Personal data
- the services of the Organiser and of the companies in the Unibail Rodamco Westfield group involved in processing the applications;
- any judicial, administrative or tax authority that so requests, where such a request is justified by a legal or regulatory provision;
- any third party whose exercise may be necessary for the fulfilment of its legal and regulatory obligations, such as bailiffs' offices or law firms.
The Organiser shall implement all technical and organisational measures to ensure the security of the processing of Voter’s Personal Data and the confidentiality of such data.
The Voter's Personal Data will be kept for the duration of the Competition, including the prize-giving phase, and for an additional period of 5 (five) years corresponding to the statute of limitations in force in the event of a dispute by a Candidate.
Under the applicable regulations on the protection of personal data, Voters have the right:
- to access his/her Personal Data, in particular to check their accuracy and completeness;
- to request a rectification or deletion of his or her data; to object to or request a limitation of the processing of his or her Personal Data;
- to receive a copy of their Personal Data;
- to give instructions on how to deal with their data after their death;
- to obtain portability of their data;
- to withdraw his or her consent, it being specified that this withdrawal does not affect any processing carried out previously.
- to delete his/her Personal Data. However, the data collected is mandatory to participate in the Public Vote. Consequently, any Voter who exercises his/her right to delete his/her Personal Data before the end of the Competition will be deemed to have waived his/her right to express his/her Vote.
No profiling or automated decision-making will take place as part of the Competition.
For all the above cases, the Voter is invited to visit this page.
Furthermore, if Voters are not satisfied with the way in which his/her Personal Data is processed, he/she may lodge a complaint with the competent supervisory authority.
Specific provisions relating to voting via the Typeform.com website :
The Organiser has chosen to use the typeform.com website, published by the company Typeform S.L [sociedad limitada registered in the Mercantile Registry of Barcelona, Spain under the number CIF B65831836 and whose registered office is located at Typeform S.L, Calle Pallars núm. 108, (08018), Barcelona, Cataluña, España], in order to allow the Voters to express their Vote.
In order to collect and confirm the Votes, Typeform S.L. will act as a subcontractor, under the conditions defined in the data processing contract signed by the Organiser, available at the following address: https://admin.typeform.com/to/dwk6gt.
For any questions relating to the processing of his/her Personal Data in the context of the Competition, the Voter may contact the Organiser on this page.
- Liability
The Organiser will not be held responsible in the event of:
- network malfunction,
- contamination by viruses,
- failure of any reception equipment or communication lines,
- telephone connection problems,
- malicious interference with the Competition,
- failure to receive or destroy an entry,
- problems and malfunctions with the Typeform platform or equipment,
- human or electrical error,
- disruptions that could affect the smooth running of the Competition,
- force majeure which means in relation to either party, any circumstances or occurrence which is beyond the reasonable control of that party including acts of God, governmental actions, war or national emergency, riot, civil commotion, fire explosion, flood, epidemic, strike, lock-out or other form of industrial action (other than those relating solely to that party’s own workforce).
- Other stipulations
All provisions of the Competition Rules not expressly modified by this Amendment no.1, including the preamble, remain unchanged and in full force and effect.
- Dispute
This Amendment no. 1 shall be governed by and construed in accordance with English law.
In the event of any difficulty arising from the interpretation or execution of this Amendment no. 1, the Voter shall have the option, before taking any legal action, of seeking an amicable solution to his/her dispute with the Organiser by e-mail to the following address: westfieldgrandprix-en@urw.com.
If the dispute cannot be settled by mediation, the Voter irrevocably agrees to submit all disputes to the exclusive jurisdiction of the English Courts.
If any part of this Amendment no. 1 is found to be illegal, invalid or inapplicable for any reason whatsoever, the provisions in question shall be deemed to be unwritten, without affecting the validity of the other provisions, which shall continue to apply.
London, 11/09/2023
WESTFIELD GRAND PRIX - RULES 1st EDITION - 2023
Preamble
UNIBAIL MANAGEMENT, a simplified joint stock company with a capital of 20,000,000 euros, registered in the Paris Trade and Companies Register under number 414 878 389, whose registered office is at 7 place du Chancelier Adenauer in PARIS (75016), and represented by its Deputy Managing Director, Mrs Anne-Sophie Sancerre , on the one hand, and WESTFIELD EUROPE LIMITED, a private limited company registered in England and Wales whose registered office is 4th Floor 1 Ariel Way, London, United Kingdom, W12, on the other hand, (hereinafter together referred to as "the Organiser"), both companies belonging to the UNIBAIL-RODAMCO-WESTFIELD group, which specialises in managing, developing and investing in large-scale real estate projects, developing and investing in large shopping centres located in major cities in Europe and the United States, are organising a competition in the United Kingdom called "Westfield Grand Prix" (hereinafter referred to as the "Competition") in order to promote new sustainable retail concepts created by young entrepreneurs and to support their development into the commercial successes of tomorrow.
The aim of the Competition is to highlight the creativity, commitment to sustainable development and efficiency of new retail concepts (hereinafter the "Concept") and to support the winners (hereinafter the "Winner(s)") in their commercial and development process.
The Competition aims to find new creators in all categories including but not limited to food, fashion, retail, home equipment, services, health and beauty.
Applications must be submitted, in accordance with the procedures set out below, between 22/05/2023 and 30/06/2023. The Organiser may exceptionally extend this deadline until 07/07/2023 by informing the applicants on the homepage of the internet platform allowing participation in the Competition. The Organiser cannot accept any liability for any applications which are late, lost, incomplete or rendered unrecognisable.
1. Purpose
The purpose of these rules (hereinafter the "Rules") is to define the terms and conditions of the Competition and to set out the rules applicable to all applicants (hereinafter the "Candidate(s)"). The Organiser and Candidate(s), each a ‘party’ and together the ‘parties’.
The Organiser reserves the right to terminate, amend or temporarily suspend the Competition at any time, in its absolute discretion, without prior notice and compensation of any kind, if the Organiser considers it necessary to do so.
The Competition is organised in two stages:
· 1st stage (hereafter the "Local Initial Phase")
The Local Initial Phase of the Competition is running in France, Germany-Austria (Germany and Austria running the Competition together as one country), United Kingdom and Spain. Each of these countries organises the Local Initial Phase in accordance with the four different country-specific Competition rules (hereinafter the "Local Rules"). The Candidate is subject to the Local Rules of the country in which it participates.
· 2nd stage (hereafter the "European Final Phase")
The European Final Phase of the Competition is open to the Winners who have won the first prize in their country. They are then invited to participate in an event called the "European Final" at the end of which the honorary distinction of "European Grand Prize Winner" is awarded. As such, the purpose of these rules is to define the terms and conditions of this European Final (hereafter the "European Rules").
The terms and conditions of the Local Rules and the European Rules may be modified at any time by the Organiser, who must inform the Candidates, it being understood that if the modification occurs after the end of the Competition and before the awarding of the prizes, only the Candidates selected will be informed of the modification made by the Organiser.
2. Contractual hierarchy
In the context of their participation in the Competition, Candidates are subject to the Local Rules and the European Rules and are therefore invited to familiarise themselves with them prior to their participation.
In case of contradiction between the Local Regulations and the European Regulations, the European Regulations shall take precedence.
In case of contradiction between the initial French version of the European Regulation and any subsequent translated versions, the initial French version shall prevail.
3. Conditions of participation
Participation in the Competition :
· By entering the Competition and accepting the Rules via the checkbox provided on the Agorize registration platform you are deemed to be bound, agree to, and adhere to these Rules. Failure to comply with these Rules will automatically render a Competition application void;
· Application to the Competition does not require any financial compensation from the Candidate;
· all costs inherent or generated by the Candidates in the Competition (including but not limited to the preparation and submission of the application forms and travel expenses) remain entirely at the Candidate's expense;
· does not rely on chance, in particular with regard to the determination of the shortlisted Candidates / prize-Winners and therefore does not imply any reimbursement of any costs incurred by the Candidates as a result of the Competition;
· is strictly personal and is limited to one application per person in the 2023 edition of the Competition.
To be eligible to participate in the Competition, the Candidate must meet the following conditions:
· The Candidate must be a natural person over the age of eighteen (18) who is resident for tax purposes or has its registered office in the United Kingdom;
· The Candidate must be the owner of the Concept and of the structure supporting the Concept, and this must be direct, which he/she declares and guarantees by his/her sole participation in the Competition;
· the Candidate must hold full ownership of all intellectual and industrial property rights on the Concept;
· The Candidate must be registered on companies house;
· The Concept must have been created after 01 January 2017;
· The Concept must be able to operate physical points of sale (goods or services);
· The Concept must address consumers;
· The Concept must have operated a maximum of five (5) own points of sale in the United Kingdom, it being specified that :
. the sale or distribution of the product or service via a pop-up store, a sales corner or via an internet sales platform is not considered to be an own point of sale;
. The term "own point of sale" means the opening of a shop in the United Kingdom, whatever the size of the shop and whatever its legal form;
· The Candidate is allowed to compete with a concept already presented once in a previous edition of the Competition (including the one held under a former name such as "Grand Prix Commerce" or "Grand prix des Jeunes Créateurs du Commerce").
These cumulative conditions are assessed at the time of the examination of the Candidates application form and must be maintained until the awards ceremony.
The following are excluded from this competition:
· Liberal professions, education institutions
· Employees, as well as their spouses, ascendants, agents, descendants, brothers and sisters, of the Organiser and of any other company directly or indirectly owned by the Organiser.
4. Exchanges between the Candidate and the Organiser
The Candidate is responsible for the truthfulness of the information communicated or exchanged with the Organiser, regardless of the medium. Once the Candidate has submitted its Concept application the Organiser will not accept any requests for changes.
The Organiser cannot be held responsible for any loss or disclosure of information and files submitted by the Candidate.
The Organiser reserves the right to carry out any useful checks regarding the validity of the information given by the Candidate. Any false information may result in the immediate elimination of the Candidate from the Competition.
5. Application
Applications may be submitted from 22/05/2023 00:00 until 30/06/2023 23:59 inclusive unless extended by the Organiser. Any application received after the closing date for applications will be automatically rejected.
1. Go to the platform dedicated to the competition: http://grandprix.westfield.com and click on "Apply Now" to create an Agorize account and complete his/her profile with information about his/her Concept.
2. Fill in the participation form in the "Participation" area of his/her personal space by answering the questionnaire and uploading the requested documents.
3. Confirm his/her application by clicking on the "Submit" button at the end of the form when all mandatory fields have been completed.
For any technical question on the platform, the Candidate must leave a message in the "Conversations" tab at the top right of his/her application form.
Any step not properly completed will result in an invalid application.
Only applications that comply with the requirements of these Rules will be considered. The mere fact of participating implies pure and simple acceptance of the Rules and the instructions on the documents.
Participation in this Competition implies a loyal, responsible and dignified attitude, including respect for these Rules and the rights of other candidates.
6. Intellectual property
The Candidate remains the sole owner of the intellectual property rights attached to the application form and, in general, to the Concept.
By participating in the Competition, Candidates agree to grant the Organiser a licence to use all of the elements contained in the application form (hereinafter the "Application Form(s)") and Concept as well as any document transmitted to the Organiser. This licence right is granted solely for the purposes of organising the Competition, studying the Application Forms and determining the Winners.
The Candidate authorises the Organiser to reproduce, publish, represent or display, whatever the medium used (in particular paper and digital), all the elements contained in the Application Form, including all information and visuals sent in the context of the application, in order to promote or communicate about the Competition.
This licence is granted to the Competition Organiser, free of charge, on a worldwide basis, and for the entire legal duration of the protection of the intellectual property rights attached to the documents provided and elements of the Application Form, as defined by the applicable national and international legislation, including any possible future renewals.
Where a third party intellectual property rights infringement claim or proceeding is made or brought against the Organiser which arises out of the Organiser’s receipt of and/or use of the Concept then, unless such infringement has arisen out of the use of any intellectual property rights by or on behalf of the Organiser otherwise than in accordance with these Rules, the Candidate shall indemnify the Organiser at all times from and against all expense, loss or damage arising as a result of such claims and proceedings.
By participating in the Competition, Candidates agree that the Organiser may retain and study any Application Form after the Competition for the purpose of possible future partnerships with Candidates and/or investments. However, the Candidate may object to this by sending a request to the following address: Westfieldgrandprix-en@urw.com
The Candidate licences to the Organiser, free of charge, all rights to his/her personality (image, voice, etc.) and therefore authorises the Organiser to photograph and/or film him/her during the Competition (all stages of the latter) and to broadcast, publish and display free of charge the photograph(s) or video(s) taken and representing the Candidate during the Competition, for a period of five (5) years throughout the world and for use on the press, internet, social media (Facebook, Instagram, LinkedIn, Twitter, TikTok), magazines, without this list being restrictive, and within the framework of the Organiser's communication on its Intranet site and its various websites belonging to the Organiser.
The Candidate agrees to be quoted and to participate actively in the public relations, promotional or press events organised by the Organiser in the context of the Competition and without any financial counterpart being claimed from the Organiser.
In this respect, the Candidate will participate in the communication that will be made by the Organiser of this Competition and accepts the filmed interviews as well as their broadcasting on various media (social media - Facebook, Instagram, LinkedIn, Twitter, TikTok - the Organiser's websites, press, magazines, without this list being restrictive)
The Candidate commits to participate in all preparatory meetings for the organisation of public relations, promotional or press events organised by the Organiser, as well as in any internal and external events organised by the Organiser.
7. Privacy
The Organiser is bound to keep the results of the Competition final completely confidential until the date of the award ceremony.
Each party undertake to keep confidential all information of which they have become aware during the execution of the Competition, such as any economic, technical or commercial information (hereinafter the "Confidential Information"), for the entire duration of the Competition and for a period of five (5) years from the end of the Competition.
Confidential Information does not include information relating to the organisation of the Competition and all elements contained in the Application Form (including information and visuals sent in this context for the purpose of promoting or communicating about the Competition).
All of the Application Forms, including all documents, data, exchanges, as well as any information of any nature or form whatsoever, including information concerning the business, affairs, customers, clients or suppliers of the Organiser or any member of its group, transmitted directly or indirectly by one or other of the Parties, as well as the results of the various stages of the Competition before their official communication, are considered as Confidential Information.
7. Privacy
The Organiser is bound to keep the results of the Competition final completely confidential until the date of the award ceremony.
Each party undertake to keep confidential all information of which they have become aware during the execution of the Competition, such as any economic, technical or commercial information (hereinafter the "Confidential Information"), for the entire duration of the Competition and for a period of five (5) years from the end of the Competition.
Confidential Information does not include information relating to the organisation of the Competition and all elements contained in the Application Form (including information and visuals sent in this context for the purpose of promoting or communicating about the Competition).
All of the Application Forms, including all documents, data, exchanges, as well as any information of any nature or form whatsoever, including information concerning the business, affairs, customers, clients or suppliers of the Organiser or any member of its group, transmitted directly or indirectly by one or other of the Parties, as well as the results of the various stages of the Competition before their official communication, are considered as Confidential Information.
In this respect, the parties undertake (i) not to disclose the Confidential Information to third parties, (ii) to disclose the Confidential Information only to those employees and subcontractors, if any, who have a necessary need to access it for the organisation and execution of the Competition and for the awarding of the prizes, and (iii) to disclose the Confidential information as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority. Each party must be informed of the confidential nature of the information brought to its knowledge.
8. Personal data
In the context of this Competition the following personal data may be collected:
- surname/first name/civility ;
- e-mail address ;
- telephone number ;
- photography/video (optional) ;
- Career data ;
- project data ;
- any other personal data that the Candidate wishes to communicate to the Organiser, it being understood that the Organiser commits to immediately delete any data that is not necessary for the Competition.
(hereinafter the "Personal Data")
As the Personal Data is necessary for the examination of the Candidate's application, failure to provide them (with the exception of those indicated as optional) will result in the Candidate's application being invalid.
- surname/first name/civility ;
- e-mail address ;
- telephone number ;
- photography/video (optional) ;
- Career data ;
- project data ;
- any other personal data that the Candidate wishes to communicate to the Organiser, it being understood that the Organiser commits to immediately delete any data that is not necessary for the Competition.
(hereinafter the "Personal Data")
As the Personal Data is necessary for the examination of the Candidate's application, failure to provide them (with the exception of those indicated as optional) will result in the Candidate's application being invalid.
The Personal Data collected in the context of the Competition are exclusively intended for the Organiser and will be processed in accordance with the provisions applicable to the protection of Personal Data and in particular those of the the General Data Protection Regulation, Regulation (EU) 2016/679, as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (including as further amended or modified by the laws of the United Kingdom or of a part of the United Kingdom from time to time). The Organiser shall be responsible for processing the aforementioned Personal Data.
Personal Data will be processed for the following purposes:
- validation of the participation in the Competition (verification of the eligibility of the Candidate according to the criteria indicated in the Rules);
- the competition process (study of the Application Forms) ;
- communication between the Organiser and the Candidates, including to run the Competition and share information about possible prizes;
- possible implementation of the prizes ;
- possible analysis of the Application Forms after the Competition in order to study the possibilities of partnership with the Candidates and/or future investments.
The legal basis is (i) the execution of these Rules for data processing for the purpose of validating participation in the Competition, examining the Application Form, communication between the Organiser and the Candidate as well as the possible awarding of prizes and (ii) the legitimate interest of the Organisation to keep the Application Forms beyond the duration of the Competition in order to communicate with the Winner and to study the possibilities of future partnerships and/or investments with the Winners..
The recipients of the Personal Data in the context of this Competition are
- the services of the Organiser and of the companies of the Unibail-Rodamco-Westfield Group involved in the processing of applications;
- the members of the Jury, who have to process the applications ;
- any judicial, administrative or tax authority who would request it when it is justified by law or regulation;
- any third party whose recourse may be necessary in the context of the fulfilment of its legal and regulatory obligations, such as bailiff's offices or law firms.
The Organiser shall implement all appropriate technical and organisational measures to ensure the security of the processing of Candidates' Personal Data and the confidentiality of such data.
The Candidate's Personal Data will be kept for the duration of the Competition, including the prize-giving phase (without prejudice to the provisions of 5 (i) above) and, subject to the Candidate's consent, for an additional period of 5 (five) years corresponding to the limitation period in force in the event of a dispute by a Candidate in the Competition.
Under the applicable regulations, the Candidate has the right:
- to access his/her Personal Data, in particular to check their accuracy and completeness;
- to request a rectification or deletion of his/her data; to object to or request a limitation of the processing of his/her Personal Data;
- to receive a copy of their Personal Data;
- to give instructions on how to deal with their data after their death;
- to obtain portability of their data;
- to withdraw his/her consent, it being specified that this withdrawal does not affect processing carried out previously.
- to delete his/her Personal Data. However, the data collected is mandatory to participate in the Competition. Consequently, any Candidate who exercises his or her right of deletion before the end of the Competition will be deemed to have waived his or her participation.
No profiling or automated decision making will take place in connection with the Competition.
For all the above cases, the Candidate is invited to visit this page.
Furthermore, if the Candidate is not satisfied with the way in which his/her Personal Data is processed, he/she may lodge a complaint with the competent supervisory authority.
Specific provisions relating to the submission of applications via the Agorize.com website:
The Organiser has chosen to use the agorize.com website, published by the company Agorize (SAS with a share capital of €71,146, registered in the Paris Trade and Companies Register under number 530 774 439 and whose registered office is located at AGORIZE - 15, rue Béranger - 75003 PARIS), in order to allow Candidates to submit their applications on the platform proposed on this site.
In order to participate in the Competition, the Candidate must therefore create an account on the agorize.com website.
Through this account, the Candidate may also participate in other competitions and/or challenges offered on the agorize.com website, not organised by the Organiser.
In the context of the management of the Agorize account and possible participation in other competitions and/or challenges offered, Agorize will act as the data controller, under the conditions defined in its privacy policy, available at the following address: https://www.agorize.com/fr/privacy.
In the context of managing the submission of the application to the Competition, the company Agorize and the Organiser will act as joint data controllers.
For any questions regarding the processing of his/her Personal Data in the context of the Competition, the Candidate may visit this page.
9. Selection Conditions
Phase 1: An internal committee, composed of members of the Organiser, selects from the applications submitted by the Candidates the applications that will be considered in phase 2. The Organiser expects to select sixteen (16) Candidates in this phase. However, the Organiser reserves the right to select a higher or lower number at its sole discretion.
Phase 2: The Candidates shortlisted in phase 1 are forwarded to a committee composed of retail professionals and/or members of the Organiser.
The Candidates selected for this phase 2 will be asked to present their Concept to this committee, in-person or via videoconference.
The committee will select a maximum of eight (8) finalists.
Participation in phase 3 implies acceptance in principle by the shortlisted Candidate of the basic principles implemented in shopping centres for the operation of a commercial space described in clause 12 below.
Depending on the number of applications, the Organiser reserves the right to delete this phase.
Phase 3: The completed applications of the finalists will be examined and presented by the Candidates to a final jury composed of retail professionals and representatives and/or members of the Organiser who will designate one (1) Winner.
Phase 3 bis: The projects of the Candidates shortlisted in phase 2 will also be presented online via social media and/or any other means of communication used by the Organiser, at the latter's discretion. The external public will vote for one (1) Candidate who will be designated the "People’s Choice".
Phase 4: The Candidate who wins the Westfield Grand Prix Prize (as defined in clause 12 below) is invited to participate in an event called the "European Final" at the end of which the honorary distinction of "European Grand Prix Winner" is awarded.
10. Selection criteria for applications
Applications will be assessed on the following criteria:
· Relevance of the Concept's sustainability strategy (environmental and social) ;
· Overall coherence of the project ;
· Economic viability ;
· Scalabity in shopping centres ;
· Match with consumer expectations;
· Conviction of the Candidate.
This list is not exhaustive and the criteria listed are not cumulative.
The following will be disregarded without prior review
· Incomplete applications or applications that do not comply with the steps described above;
· Applications containing false statements;
· Candidates who do not meet the conditions for participation, in particular those described in clause 2 of these Rules.
The committee will select a maximum of eight (8) finalists.
Participation in phase 3 implies acceptance in principle by the shortlisted Candidate of the basic principles implemented in shopping centres for the operation of a commercial space described in clause 12 below.
Depending on the number of applications, the Organiser reserves the right to delete this phase.
Phase 3: The completed applications of the finalists will be examined and presented by the Candidates to a final jury composed of retail professionals and representatives and/or members of the Organiser who will designate one (1) Winner.
Phase 3 bis: The projects of the Candidates shortlisted in phase 2 will also be presented online via social media and/or any other means of communication used by the Organiser, at the latter's discretion. The external public will vote for one (1) Candidate who will be designated the "People’s Choice".
Phase 4: The Candidate who wins the Westfield Grand Prix Prize (as defined in clause 12 below) is invited to participate in an event called the "European Final" at the end of which the honorary distinction of "European Grand Prix Winner" is awarded.
10. Selection criteria for applications
Applications will be assessed on the following criteria:
· Relevance of the Concept's sustainability strategy (environmental and social) ;
· Overall coherence of the project ;
· Economic viability ;
· Scalabity in shopping centres ;
· Match with consumer expectations;
· Conviction of the Candidate.
This list is not exhaustive and the criteria listed are not cumulative.
The following will be disregarded without prior review
· Incomplete applications or applications that do not comply with the steps described above;
· Applications containing false statements;
· Candidates who do not meet the conditions for participation, in particular those described in clause 2 of these Rules.
It is hereby specified that these criteria must be the subject, on the part of the Candidate, of an in-depth study of the economic project itself, and relevant to the context in which it is intended to be inserted; it being specified that the Candidate is and remains solely responsible for it. The Organiser cannot be held liable in any way whatsoever in the event of subsequent difficulties, as the Candidate remains solely responsible for his/her project and Concept. The awarding of a prize does not in any way constitute an approval or guarantee of the quality of the project and/or Concept considering the risk incurred by the Candidate in his/her business.
The Organiser reserves the right to refuse all applications, to interrupt and/or to cancel the Competition at any time, at its sole discretion, without compensation of any kind and without being liable to any claim or liability whatsoever. In any of these cases, the Organiser will inform all Candidates up to the end of phase 1 and the shortlisted Candidates once phase 1 has been completed.
The decisions of the internal commission, the external vote, and the decisions of the final jury are final.
In case of rejection of an application, the decision-making body is not required to give reasons for its choice.
The Winners of the Competition will be announced at the award ceremony, in the press, on the Organiser's websites and social media.
The Organiser may cancel the result before or after the awarding of the prizes if the information provided by the Candidate proves to be erroneous or in the event of non-compliance with these Rules.
11. Provisional timetable
· 22 May 2023: launch of the Competition and opening of applications.
· 30 June 2023: closing date for applications, bearing in mind that the Organiser reserves the right to extend the closing date for applications to 07 July 2023, subject to prior notice to the Candidates.
· July to October 2023: phases 1, 2, 3 and 3 (bis); it being specified that the date of the award ceremony will be communicated to the finalists no later than fifteen (15) days before it takes place.
The composition of the Internal Commission and the Final Jury is left to the discretion of the Organiser, who may decide at any time to modify it.
12. Awards
Two (2) Candidates may be declared "Winners”.
Each Winner will be awarded one of the following two prizes: (i) Westfield Grand Prix, People’s Choice. It is specified that these prizes are restricted to the description below and that no other request or advantage may be requested by the Winners, including but not limited to preferential rental conditions for and location of leasing premises.
The awarding of one of the prizes does not guarantee the commercial success of the Concept nor does it remove any risk from the entrepreneurial Concept, which is inherent in launching a new activity.
However, the Organiser reserves the right to select a higher or lower number of Winners.
In the event that the jury:
· should a smaller number of Winners be selected: the Organiser may decide, without this constituting an obligation for him, to reallocate all or part of the prizes not distributed to the selected Winners.
· would select a greater number of Winner(s): the prizes will then be shared, in equal parts, between the Winners, which the latter expressly accept. No claim for the entire prize may be made by any of the tied Winners to the Organiser.
Westfield Grand Prix :
Consisting of the provision of commercial premises located in the United Kingdom in a shopping centre of the UNIBAIL-RODAMCO-WESTFIELD group for a maximum period of one (1) year within the framework of a fixed-term lease, under the conditions set out below and for a maximum global amount of six hundred and fifty thousand (650,000) GBP excluding taxes:
· The lease to be granted will be outside the Landlord and Tenant Act 1954 and will not be assignable to any other third party;
· exemption of rent, service charge, insurance and business rates for the term of the lease and for a maximum amount of four hundred thousand (400,000) GBP excluding tax as from lease commencement date. The amount of the rent is determined according to the surface area of the premises and the open market value;
· advisory from UNIBAIL-RODAMCO-WESTFIELD in the design of the point of sale (interior design and shop window);
· financial contribution to the fit-out work carried out by the Winner in the premises for a maximum of fifty thousand (50,000) GBP excluding tax;
· financial participation in communication actions aimed at promoting the Winner's concept within the shopping centre for a maximum amount of two hundred thousand (200,000) GBP excluding tax and for a maximum duration of SIXTEEN(16) weeks. These actions will be carried out exclusively via the UNIBAIL-RODAMCO-WESTFIELD offer called "Westfield Rise", including in particular: temporary display in the shopping centre (totem, kakemono, stickers, etc.), communication on the shopping centre's digital channels (the shopping centre's website and its social media) and the Winner will be required to enter into all necessary licences for such with the landlord of the shopping centre;
· in the event that the amount of the rent and service charge exemption and/or the financial participation in the fit-out work carried out by the Winner on the premises and/or the financial participation in the communication actions aiming at promoting the Winner's concept within the shopping centre does not reach the above-mentioned values, due in particular to the surface area of the premises and/or the evolution of market values, or the work carried out by the Winner in the premises, or the communication actions implemented, the Winner will not be able to claim any financial compensation or indemnity of any kind likely to reach the aforementioned maxima, as a result the responsibility of the Organiser will never be sought or challenged in this respect, which the Winner acknowledges and accepts;
Provided that the Concept is sufficiently mature to be implemented immediately, the Organiser will make reasonable efforts to ensure that the first proposal for commercial premises will result in the premises being made available within two (2) years at the latest from the date of the award ceremony. The Winner will have seven (7) days to accept or refuse any offer of premises made to them and in the absence of any acceptance or refusal the offer of these premises will fall away. The two (2) year period may be extended if the Winner refuses the offer made to him/her and the Organiser decides to offer the Winner another premises. After three (3) premises have been refused or the offer not responded to within the seven (7) day period, the Winner will be deemed to have forfeited the prize awarded to him/her without any financial compensation being claimed from the Organiser.
People’s Choice :
Consisting of a promotion during the event "The Good Festival 2024" organised by UNIBAIL-RODAMCO-WESTFIELD, under the conditions set out below:
· promotion of the Concept at the event “The Good Festival 2024” in accordance with prior arrangements negotiated between the parties, which may include the setting up of a temporary kiosk or the organisation of an event in one or more Westfield centres located in the United Kingdom;
· financial participation in the development of the Concept's presentation for a maximum of TWENTY THOUSAND (20,000) GBP excluding tax;
· financial participation in communication actions aiming at promoting the Winner's concept within the shopping centre for a maximum amount of fifty thousand (50,000) GBP excluding tax. These actions will be carried out exclusively via the UNIBAIL-RODAMCO-WESTFIELD offer called "Westfield Rise", including in particular: temporary display in the shopping centre (totem, kakemono, stickers, etc.), communication on the shopping centre's digital channels (the shopping centre's website and its social media).
13. Responsibility
The Organiser will not be held responsible in the event of:
- network malfunction,
- contamination by possible malware,
- failure of any receiving equipment or communication lines,
- telephone connection problems,
- malicious interference with the Competition,
- failure to receive or destroy an application,
- problems and malfunctions of the Agorize platform or hardware,
- human or electrical errors,
- disruptions that could affect the smooth running of the Competition,
- force majeure, which means in relation to either party, any circumstances or occurrence which is beyond the reasonable control of that party including acts of God, governmental actions, war, or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, strike, lock-out or other form of industrial action (other than those relating solely to that party’s own workforce).
The Organiser’s and its employees or agents, all companies of Unibail-Rodamco-Westfield group and its employees or agents, shall not be liable for any loss, damage or expenses howsoever arising, including without limitation loss of anticipated earnings, profits, goodwill, reputation, business receipts or contracts, any distress, inconvenience or anxiety caused during the course of the Competition.
You waive all rights of whatsoever nature against the Organiser and their employees, servants, agents, independent contractors or representatives in respect of injury, death, loss or damage arising from your participation in the Competition.
Nothing in the Terms shall exclude or restrict the Organiser’s liability for death or personal injury caused by its negligence or the negligence of its officers or employees or for any fraudulent misrepresentation.
14. Regulation
The Rules and a number of information on the Westfield Grand Prix can be consulted free of charge on the website: https://grandprix.westfield.com/
Any participation implies full and complete acceptance of the mechanics of the Competition, these Rules and any amendments thereto.
The Organiser reserves the right to refuse all applications, to interrupt and/or to cancel the Competition at any time, at its sole discretion, without compensation of any kind and without being liable to any claim or liability whatsoever. In any of these cases, the Organiser will inform all Candidates up to the end of phase 1 and the shortlisted Candidates once phase 1 has been completed.
The decisions of the internal commission, the external vote, and the decisions of the final jury are final.
In case of rejection of an application, the decision-making body is not required to give reasons for its choice.
The Winners of the Competition will be announced at the award ceremony, in the press, on the Organiser's websites and social media.
The Organiser may cancel the result before or after the awarding of the prizes if the information provided by the Candidate proves to be erroneous or in the event of non-compliance with these Rules.
11. Provisional timetable
· 22 May 2023: launch of the Competition and opening of applications.
· 30 June 2023: closing date for applications, bearing in mind that the Organiser reserves the right to extend the closing date for applications to 07 July 2023, subject to prior notice to the Candidates.
· July to October 2023: phases 1, 2, 3 and 3 (bis); it being specified that the date of the award ceremony will be communicated to the finalists no later than fifteen (15) days before it takes place.
The composition of the Internal Commission and the Final Jury is left to the discretion of the Organiser, who may decide at any time to modify it.
12. Awards
Two (2) Candidates may be declared "Winners”.
Each Winner will be awarded one of the following two prizes: (i) Westfield Grand Prix, People’s Choice. It is specified that these prizes are restricted to the description below and that no other request or advantage may be requested by the Winners, including but not limited to preferential rental conditions for and location of leasing premises.
The awarding of one of the prizes does not guarantee the commercial success of the Concept nor does it remove any risk from the entrepreneurial Concept, which is inherent in launching a new activity.
However, the Organiser reserves the right to select a higher or lower number of Winners.
In the event that the jury:
· should a smaller number of Winners be selected: the Organiser may decide, without this constituting an obligation for him, to reallocate all or part of the prizes not distributed to the selected Winners.
· would select a greater number of Winner(s): the prizes will then be shared, in equal parts, between the Winners, which the latter expressly accept. No claim for the entire prize may be made by any of the tied Winners to the Organiser.
Westfield Grand Prix :
Consisting of the provision of commercial premises located in the United Kingdom in a shopping centre of the UNIBAIL-RODAMCO-WESTFIELD group for a maximum period of one (1) year within the framework of a fixed-term lease, under the conditions set out below and for a maximum global amount of six hundred and fifty thousand (650,000) GBP excluding taxes:
· The lease to be granted will be outside the Landlord and Tenant Act 1954 and will not be assignable to any other third party;
· exemption of rent, service charge, insurance and business rates for the term of the lease and for a maximum amount of four hundred thousand (400,000) GBP excluding tax as from lease commencement date. The amount of the rent is determined according to the surface area of the premises and the open market value;
· advisory from UNIBAIL-RODAMCO-WESTFIELD in the design of the point of sale (interior design and shop window);
· financial contribution to the fit-out work carried out by the Winner in the premises for a maximum of fifty thousand (50,000) GBP excluding tax;
· financial participation in communication actions aimed at promoting the Winner's concept within the shopping centre for a maximum amount of two hundred thousand (200,000) GBP excluding tax and for a maximum duration of SIXTEEN(16) weeks. These actions will be carried out exclusively via the UNIBAIL-RODAMCO-WESTFIELD offer called "Westfield Rise", including in particular: temporary display in the shopping centre (totem, kakemono, stickers, etc.), communication on the shopping centre's digital channels (the shopping centre's website and its social media) and the Winner will be required to enter into all necessary licences for such with the landlord of the shopping centre;
· in the event that the amount of the rent and service charge exemption and/or the financial participation in the fit-out work carried out by the Winner on the premises and/or the financial participation in the communication actions aiming at promoting the Winner's concept within the shopping centre does not reach the above-mentioned values, due in particular to the surface area of the premises and/or the evolution of market values, or the work carried out by the Winner in the premises, or the communication actions implemented, the Winner will not be able to claim any financial compensation or indemnity of any kind likely to reach the aforementioned maxima, as a result the responsibility of the Organiser will never be sought or challenged in this respect, which the Winner acknowledges and accepts;
Provided that the Concept is sufficiently mature to be implemented immediately, the Organiser will make reasonable efforts to ensure that the first proposal for commercial premises will result in the premises being made available within two (2) years at the latest from the date of the award ceremony. The Winner will have seven (7) days to accept or refuse any offer of premises made to them and in the absence of any acceptance or refusal the offer of these premises will fall away. The two (2) year period may be extended if the Winner refuses the offer made to him/her and the Organiser decides to offer the Winner another premises. After three (3) premises have been refused or the offer not responded to within the seven (7) day period, the Winner will be deemed to have forfeited the prize awarded to him/her without any financial compensation being claimed from the Organiser.
People’s Choice :
Consisting of a promotion during the event "The Good Festival 2024" organised by UNIBAIL-RODAMCO-WESTFIELD, under the conditions set out below:
· promotion of the Concept at the event “The Good Festival 2024” in accordance with prior arrangements negotiated between the parties, which may include the setting up of a temporary kiosk or the organisation of an event in one or more Westfield centres located in the United Kingdom;
· financial participation in the development of the Concept's presentation for a maximum of TWENTY THOUSAND (20,000) GBP excluding tax;
· financial participation in communication actions aiming at promoting the Winner's concept within the shopping centre for a maximum amount of fifty thousand (50,000) GBP excluding tax. These actions will be carried out exclusively via the UNIBAIL-RODAMCO-WESTFIELD offer called "Westfield Rise", including in particular: temporary display in the shopping centre (totem, kakemono, stickers, etc.), communication on the shopping centre's digital channels (the shopping centre's website and its social media).
13. Responsibility
The Organiser will not be held responsible in the event of:
- network malfunction,
- contamination by possible malware,
- failure of any receiving equipment or communication lines,
- telephone connection problems,
- malicious interference with the Competition,
- failure to receive or destroy an application,
- problems and malfunctions of the Agorize platform or hardware,
- human or electrical errors,
- disruptions that could affect the smooth running of the Competition,
- force majeure, which means in relation to either party, any circumstances or occurrence which is beyond the reasonable control of that party including acts of God, governmental actions, war, or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, strike, lock-out or other form of industrial action (other than those relating solely to that party’s own workforce).
The Organiser’s and its employees or agents, all companies of Unibail-Rodamco-Westfield group and its employees or agents, shall not be liable for any loss, damage or expenses howsoever arising, including without limitation loss of anticipated earnings, profits, goodwill, reputation, business receipts or contracts, any distress, inconvenience or anxiety caused during the course of the Competition.
You waive all rights of whatsoever nature against the Organiser and their employees, servants, agents, independent contractors or representatives in respect of injury, death, loss or damage arising from your participation in the Competition.
Nothing in the Terms shall exclude or restrict the Organiser’s liability for death or personal injury caused by its negligence or the negligence of its officers or employees or for any fraudulent misrepresentation.
14. Regulation
The Rules and a number of information on the Westfield Grand Prix can be consulted free of charge on the website: https://grandprix.westfield.com/
Any participation implies full and complete acceptance of the mechanics of the Competition, these Rules and any amendments thereto.
Any person who contravenes one or more of the clauses of these Rules will be deprived of his or her right to participate in the Competition and, where applicable, to obtain the prizes attached to it.
Save that any company in the Organiser’s group of companies, may benefit from these Rules, no person who is not a party to these Rules shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
15. Litigation
In the event of persistent disagreement concerning the application or interpretation of the Rules and any amendments thereto, or in the absence of an amicable agreement, the dispute shall fall under the exclusive jurisdiction of the English courts.
Any dispute relating to the interpretation and/or application of these Rules and the Competition (including any non-contractual obligations arising out of or in connection with it) and any amendments thereto are subject to English law , in particular for any dispute which may arise as a result of participation in the Competition which is the subject of these Rules or which may be directly or indirectly linked to it, without prejudice to any conflict of laws rules which may exist.
WESTFIELD GRAND PRIX - EUROPEAN RULES 1st EDITION - 2023
Preamble
UNIBAIL MANAGEMENT, a simplified joint stock company with a capital of 20,000.20,000,000, registered in the Paris Trade and Companies Register under number 414 878 389, whose registered office is located at 7 place du Chancelier Adenauer in PARIS (75016), and represented by its Managing Director, Mrs Anne-Sophie SANCERRE, hereinafter referred to as the "Organiser") is organising a European competition called "Westfield Grand Prix" (hereinafter referred to as the "Competition") in order to promote new sustainable business concepts created by young entrepreneurs and to support their development in order to make tomorrow's business successes (hereinafter referred to as the "Candidate").
The aim of the Competition is to highlight the creativity, commitment to sustainable development and efficiency of new retail concepts in all sectors of activity (restaurants, food, fashion, personal equipment, home equipment, services, health and beauty, etc.) (hereinafter the "Concept") and to accompany, following the Competition, the winner (hereinafter the "Winner" or the "European Grand Prize Winner") in their commercial and installation process.
1. Purpose
The Competition is organised in two stages:
· 1st stage (hereafter the "Local Initial Phase")
The Local Initial Phase of the Competition is running in France, Germany-Austria (Germany and Austria running the Competition together as one country), United Kingdom and Spain. Each of the countries organises the Local Initial Phase in accordance with the four different country-specific Contest rules (hereinafter the "Local Rules"). The Candidate is subject to the Local Rules of the country in which it participates.
· 2nd stage (hereafter the "European Final Phase")
The European Final Phase of the Competition is open to the Winners who have won the first prize in their country. They are then invited to participate in an event called the "European Final" at the end of which the honorary distinction of "European Grand Prize Winner" is awarded. As such, the purpose of these rules is to define the terms and conditions of this European Final (hereafter the "European Rules").
he terms and conditions of the Local Rules and the European Rules may be modified at any time by the Organiser, who must inform the Candidates, it being understood that if the modification occurs after the end of the Competition and before the awarding of the prizes, only the Candidates selected will be informed of the modification made by the Organiser.
2. Contractual hierarchy
In the context of his or her participation in the Competition, the Winner is subject to the Local Rules as well as the European Rules and is therefore invited to take note of them before participating.
In case of contradiction between the Local Regulations and the European Regulations, the European Regulations shall take precedence.
In case of contradiction between the initial French version of the European Regulation and any subsequent translated versions, the initial French version shall prevail.
3. Conditions of participation
The Winner must meet the conditions of participation set out in the Local Rules.
4. Application to the European Final Phase
As part of the Initial Local Phase of the Competition, Candidates will be invited to participate in several selection stages described in the Local Rules of their country of application.
Each country will select one (1) Candidate as the "Westfield Grand Prix" or "First Prize" Winner, which will give him/her access to the European Final Phase, at the end of which the honorary distinction of "European Grand Prize Winner" is awarded.
No other prerequisite than the Laureate status allows participation in the European Final Phase.
However, the Organiser reserves the right to select a higher number of Winners.
In this case, the prizes will be shared equally between the said Winners, which the latter expressly accept, without any claim.
5. Selection criteria for applications
Applications will be assessed in particular in the light of the following criteria:
· Relevance of the Concept's sustainable development strategy (environmental and social) ;
· Overall coherence of the project ;
· Economic viability ;
· Shopping centre development capacity ;
· Adapting the Concept to consumer expectations;
· Conviction of the Laureate.
This list is not exhaustive and the criteria listed are not cumulative.
The following will be disregarded without prior review
· Incomplete applications or applications that do not comply with the steps described above;
· Applications containing false statements.
It is hereby specified that these criteria must be the subject, on the part of the Winner, of an in-depth study of the economic project itself, and relevant to the context in which it is intended to be inserted; it being specified that the Winner is and remains solely responsible for it.
The decisions of the internal commission, the external vote, and the decisions of the final jury are final.
In case of rejection of an application, the decision-making body is not required to give reasons for its refusal.
The Organiser cannot be held liable in any way whatsoever in the event of difficulties arising from the Competition, as the Winner remains solely responsible for his/her project and Concept. The awarding of a prize does not in any way constitute an approval or guarantee of the quality of the project and/or Concept with regard to the risk incurred by the Winner in his or her business.
The Organiser reserves the right not to accept any application, to interrupt and/or to cancel the European Final Phase at any time, at its sole discretion, without compensation of any kind and without any liability whatsoever. In any of these cases, the Organiser will inform the shortlisted Winners.
The European Grand Prize Winner will be announced at the award ceremony, in the press, on the Organiser's websites and social networks.
The Organiser may reverse its decision after the award of the prizes in the event that the information provided by the Winner is incorrect or in the event of non-compliance with these European Regulations.
6. Provisional schedule for the European Final Phase
The European Final Phase of the Competition will be held during the months of October to November 2023, it being specified that the date of the "European Grand Prize Winner" award will be communicated to the Winner at a later stage, at least 15 (fifteen) days before the date of the said event.
7. Awards
The prizes awarded to the European Winner consist of communication actions to promote the Concept in the shopping centres of the UNIBAIL-RODAMCO-WESTFIELD group and more particularly
(i) one (1) communication action to promote the Winner and his Concept on the social networks of the UNIBAIL-RODAMCO-WESTFIELD group (LinkedIn account "Unibail-Rodamco-Westfield", Facebook and Instagram accounts "Westfield") and the publication of one (1) press release mentioning the Winner;
(ii) for a maximum period of three (3) years from the date of the award of the prizes, financial participation in communication actions aimed at promoting the Winner's Concept within the shopping centres of the UNIBAIL-RODAMCO-WESTFIELD group for a maximum amount of THREE HUNDRED THOUSAND (300,000) Euros before tax and for a maximum duration of THIRTY (30) weeks combined. These actions will be carried out exclusively via the UNIBAIL-RODAMCO-WESTFIELD offer called "Westfield Rise", including in particular: temporary display in the shopping centre (totem, kakemono, stickers, etc.), communication on the digital channels of the shopping centre (the website of the shopping centre and its social networks). The provisions of these communication actions and in particular the list of shopping centres concerned are subject to negotiation between the parties;
(iii) for a maximum period of three (3) years from the date of the prize-giving, the organisation of meetings with the Organiser's leasing teams in other countries of the UNIBAIL-RODAMCO-WESTFIELD Group - under conditions to be defined at a later date and within the limit of five (5) meetings.
It is specified that the description of these prizes is restrictive and that no other request or advantage may be requested by the Winner, such as preferential rental conditions.
The awarding of the prize does not guarantee the commercial success of the Concept which is subject to the inherent risk of launching a new activity.
8. Exchange between the Winner and the Organiser
The Winner is responsible for the truthfulness of the information communicated or exchanged with the Organiser during the European Final Phase, regardless of the medium.
The Organiser cannot be held responsible for the loss or disclosure of information and files submitted by the Winner.
The Organiser reserves the right to carry out all necessary checks regarding the validity of the information given by the Winner. Any false information may result in the immediate elimination of the Winner from the European Final Phase.
9. Intellectual property
The awarding of the prize does not guarantee the commercial success of the Concept which is subject to the inherent risk of launching a new activity.
8. Exchange between the Winner and the Organiser
The Winner is responsible for the truthfulness of the information communicated or exchanged with the Organiser during the European Final Phase, regardless of the medium.
The Organiser cannot be held responsible for the loss or disclosure of information and files submitted by the Winner.
The Organiser reserves the right to carry out all necessary checks regarding the validity of the information given by the Winner. Any false information may result in the immediate elimination of the Winner from the European Final Phase.
9. Intellectual property
By participating in the Competition and in particular in the European Final Phase, the Winners agree to grant the Organiser a licence right to all the elements contained in the application file (hereinafter the "Application File(s)") as well as any document transmitted to the Organiser. This licence right is granted for the sole purpose of organising the Competition, studying the application packs and determining the European Grand Prize Winner.
The Winner authorises the Organiser to reproduce, publish, represent or distribute, whatever the medium used (notably paper and digital), all the elements contained in the Application Form, including all information and visuals sent as part of the application, notably for the purposes of communicating the Competition and in particular the European Final Phase.
This non-exclusive authorisation is granted to the Organiser, free of charge, on a worldwide basis, and for the entire legal duration of the protection of the intellectual property rights attached to the documents provided and elements of the Application Form, as defined by the applicable national and international legislation, including any possible future renewals.
The Winner remains the sole owner of the intellectual property rights attached to the Application Form and, in general, to the Concept.
By participating in the Competition and in particular in the European Final Phase, the Winners agree that the Organiser may keep and study any Application Form after the Competition for the purpose of possible partnerships with the Winners and/or future investments. The Winner will however have the possibility to object to this by sending a request to the following address: westfieldgrandprix-en@urw.com
The Winner authorises the Organiser to reproduce, publish, represent or distribute, whatever the medium used (notably paper and digital), all the elements contained in the Application Form, including all information and visuals sent as part of the application, notably for the purposes of communicating the Competition and in particular the European Final Phase.
This non-exclusive authorisation is granted to the Organiser, free of charge, on a worldwide basis, and for the entire legal duration of the protection of the intellectual property rights attached to the documents provided and elements of the Application Form, as defined by the applicable national and international legislation, including any possible future renewals.
The Winner remains the sole owner of the intellectual property rights attached to the Application Form and, in general, to the Concept.
By participating in the Competition and in particular in the European Final Phase, the Winners agree that the Organiser may keep and study any Application Form after the Competition for the purpose of possible partnerships with the Winners and/or future investments. The Winner will however have the possibility to object to this by sending a request to the following address: westfieldgrandprix-en@urw.com
The Winner graciously assigns to the Organiser all rights to his/her personality elements (image, voice, etc.) and therefore authorises the Organiser to photograph and/or film him/her during the Competition (all stages of the latter) as well as to broadcast, publish and communicate the image(s) free of charge.) and consequently authorises the Organiser to photograph and/or film him/her during the Competition (all the stages of the latter) as well as to distribute, publish and communicate free of charge the photograph(s) or video(s) taken and representing the Winner during the Competition, for a period of five (5) years throughout the world and for use in the press, internet, social networks (Facebook, Instagram, LinkedIn, Twitter, TikTok), magazines, without this list being restrictive, and within the framework of the Organiser's communication on its Intranet site and its various internet sites belonging to it.
The Winner agrees to be mentioned and to participate actively in the public relations, promotional or press events set up by the Organiser in the context of the Competition and in particular the European Final Phase, without any financial compensation being claimed from the Organiser.
In this respect, the Winner will participate in the communication that will be made by the Organiser and accepts the filmed interviews as well as their broadcasting on various media (social networks - Facebook, Instagram, LinkedIn, Twitter, TikTok - the Organiser's websites, press, magazines, without this list being restrictive)
The Winner undertakes to participate in all preparatory meetings for the organisation of public relations, promotional or press events set up by the Organiser as well as in any internal and external events organised by the Organiser.
10. Privacy
The Organiser is bound to keep the results of the European Final Phase completely confidential until the date of the prize-giving.
In general, the Parties undertake to keep confidential all information of which they have become aware during the execution of the Competition, such as any economic, technical or commercial information (hereinafter the "Confidential Information"), for the entire duration of the Competition and for a period of five (5) years from the end of the Competition.
Confidential Information does not include information relating to the organisation of the Competition and all elements contained in the application form (including information and visuals sent in this context for the purpose of promoting or communicating about the Competition).
In this respect, all of the Application Form, including all documents, data, exchanges and any information of any nature or form whatsoever, transmitted directly or indirectly by either of the Parties, as well as the results of the European Final Phase prior to their official communication, are considered as Confidential Information.
In this respect, the Parties undertake (i) not to disclose the Confidential Information to third parties, (ii) to disclose the Confidential Information only to those employees and subcontractors, if any, who have a necessary need to access it for the organisation and execution of the Competition and for the awarding of the prizes. Each Party must be informed of the confidential nature of the information brought to its knowledge.
11. Personal data
In the framework of the European Final Phase the following personal data may be collected:
- surname/first name/civility ;
- e-mail address ;
- telephone number ;
- photography/video (optional) ;
- Career data ;
- project data
- any other personal data that the Winner wishes to communicate to the Organiser, it being understood that the Organiser undertakes to immediately delete any data that is not necessary for the Competition and in particular for the European Final Phase.
(hereinafter the "Personal Data")
As the Personal Data is necessary for the examination of the Prize-winner's application, failure to provide them (with the exception of those indicated as optional) will result in the Prize-winner's application being invalid.
The Personal Data collected in the context of the Competition and in particular at the European Final Phase are exclusively intended for the Organiser and will be processed in accordance with the provisions applicable to the protection of Personal Data and in particular those of the General Data Protection Regulation, Regulation (EU) 2016/679, as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (including as further amended or modified by the laws of the United Kingdom or of a part of the United Kingdom from time to time), the EU Regulation 2016 /679 of 27 April 2016 and of the Law n° 78-17 of 6 January 1978 as amended, known as the "Informatique et Libertés" law. The Organiser shall be responsible for the joint processing of the aforementioned Personal Data.
Personal Data will be processed for the following purposes:
- validation of the participation in the European Final Phase (verification of the eligibility of the Winner according to the criteria indicated in the European Regulations);
- the European Final Phase (review of the Application Files) ;
- communication between the Organiser and the Winners, inter alia for the conduct of the European Final Phase and the information of possible prizes;
- possible implementation of the allocations ;
- possible analysis of the Application Packages after the Competition in order to study the possibilities of partnership with the Winners and/or future investments.
The legal basis is (i) the execution of the present European Rules for processing for the purpose of validating the participation in the European Final Phase, the examination of the Application Form, the communication between the Organiser and the Winner as well as the possible awarding of prizes and (ii) the legitimate interest of the Organisation to keep the Application Forms beyond the duration of the Competition in order to communicate with the Winner and to study the possibilities of future partnerships and/or investments with the Winners.
The recipients of the Personal Data in the context of this Competition and in particular the European Final Phase are
- the services of the Organiser and the companies of the Unibail Rodamco Westfield group that process the Application Forms;
- any member of the Jury who has to deal with the Application Files; any judicial, administrative or fiscal authority who may request it when justified by a legal or regulatory provision;
- any third party whose exercise may be necessary in the context of the fulfilment of its legal and regulatory obligations, such as bailiff's offices or law firms.
The Organiser shall implement all appropriate technical and organisational measures to ensure the security of the processing of the Personal Data of the Winners and the confidentiality of the same.
The Personal Data of the Winner will be kept for the duration of the Competition, including the prize-giving phase (without prejudice to the provisions of 5 (i) above) and, subject to the Winner's agreement, for an additional period of 5 (five) years corresponding to the statute of limitations in force in the event of a challenge by a Winner in the Competition.
Under the applicable regulations, the Winner has the right to
- to access his or her Personal Data, in particular to check their accuracy and completeness;
- to request a correction or deletion of his or her data; to object to or request a limitation of the processing of his or her Personal Data;
- to receive a copy of their Personal Data;
- to give instructions on how to deal with their data after their death;
- to obtain portability of their data;
- to withdraw his or her consent, it being specified that this withdrawal does not affect processing carried out previously.
- to delete their Personal Data. However, the data collected is mandatory to participate in the Competition. Consequently, the Winner who exercises his/her right to delete before the end of the Competition will be deemed to have renounced his/her participation.
No profiling or automated decision making will take place in connection with the Competition.
In all the above cases, the Winner is invited to visit this page;
Furthermore, if the Winner is not satisfied with the way his/her Personal Data is processed, he/she may lodge a complaint with the competent supervisory authority (the Commission Nationale de l'Informatique et des Libertés - CNIL, 3 place de Fontenoy, 75007 Paris).
12. Liability
The Organiser will not be held liable in the event of:
- network malfunction,
- contamination by possible viruses,
- failure of any receiving equipment or communication lines,
- telephone connection problems,
- malicious interference with the Competition,
- failure to receive or destroy an entry,
- problems and malfunctions of the Agorize platform or hardware,
- human or electrical errors,
- disruptions that could affect the smooth running of the Competition,
- force majeure within the meaning of Article 1218 of the Civil Code as well as the cases usually retained by the case law of the Cour de cassation.
Furthermore, the Organiser declines all responsibility for any incident or prejudice of any kind, direct or indirect, which may arise from the use or enjoyment of the prize awarded, with the exception of bodily injury, which each winner acknowledges and accepts. Each Winner therefore waives any claim, action or recourse against the Organiser or any of the companies in the group to which it belongs with regard to the prizes, in particular their quality or any consequences arising from the possession of a prize.
13. European Regulation
The complete European Rules of the Competition are filed through www.reglement.net, with SELARL 812 - HUISSIERS, huissiers de justice associés, 88 boulevard de la Reine, 78000 Versailles.
In addition, the European Regulations and some information on the Westfield Grand Prix are available free of charge on the website: https://grandprix.westfield.com
If there is any disruption to the competition or changes made to the European Rules, an amendment will be made and filed with to the same bailiff who has received the current Rules.
Any participation implies full acceptance of the mechanics of the Competition, of these European Rules and of any amendments thereto.
Any person who contravenes one or more of the articles of these European Rules will be deprived of his or her right to participate in the Competition and, where applicable, to obtain the prizes attached to it.
14. Litigation
Any dispute relating to the interpretation and/or application of these European Regulations and any amendments thereto.
In the event of a persistent disagreement relating to the application or interpretation of the European Regulations and any amendments thereto, or in the absence of an amicable agreement, the dispute shall fall under the exclusive jurisdiction of the French courts.
These European Rules are subject to French law, in particular for any dispute that may arise as a result of participation in the Competition or that may be directly or indirectly linked to it, without prejudice to any conflict of laws rules that may exist.
Done in Paris, on 17/05/2023
The Winner agrees to be mentioned and to participate actively in the public relations, promotional or press events set up by the Organiser in the context of the Competition and in particular the European Final Phase, without any financial compensation being claimed from the Organiser.
In this respect, the Winner will participate in the communication that will be made by the Organiser and accepts the filmed interviews as well as their broadcasting on various media (social networks - Facebook, Instagram, LinkedIn, Twitter, TikTok - the Organiser's websites, press, magazines, without this list being restrictive)
The Winner undertakes to participate in all preparatory meetings for the organisation of public relations, promotional or press events set up by the Organiser as well as in any internal and external events organised by the Organiser.
10. Privacy
The Organiser is bound to keep the results of the European Final Phase completely confidential until the date of the prize-giving.
In general, the Parties undertake to keep confidential all information of which they have become aware during the execution of the Competition, such as any economic, technical or commercial information (hereinafter the "Confidential Information"), for the entire duration of the Competition and for a period of five (5) years from the end of the Competition.
Confidential Information does not include information relating to the organisation of the Competition and all elements contained in the application form (including information and visuals sent in this context for the purpose of promoting or communicating about the Competition).
In this respect, all of the Application Form, including all documents, data, exchanges and any information of any nature or form whatsoever, transmitted directly or indirectly by either of the Parties, as well as the results of the European Final Phase prior to their official communication, are considered as Confidential Information.
In this respect, the Parties undertake (i) not to disclose the Confidential Information to third parties, (ii) to disclose the Confidential Information only to those employees and subcontractors, if any, who have a necessary need to access it for the organisation and execution of the Competition and for the awarding of the prizes. Each Party must be informed of the confidential nature of the information brought to its knowledge.
11. Personal data
In the framework of the European Final Phase the following personal data may be collected:
- surname/first name/civility ;
- e-mail address ;
- telephone number ;
- photography/video (optional) ;
- Career data ;
- project data
- any other personal data that the Winner wishes to communicate to the Organiser, it being understood that the Organiser undertakes to immediately delete any data that is not necessary for the Competition and in particular for the European Final Phase.
(hereinafter the "Personal Data")
As the Personal Data is necessary for the examination of the Prize-winner's application, failure to provide them (with the exception of those indicated as optional) will result in the Prize-winner's application being invalid.
The Personal Data collected in the context of the Competition and in particular at the European Final Phase are exclusively intended for the Organiser and will be processed in accordance with the provisions applicable to the protection of Personal Data and in particular those of the General Data Protection Regulation, Regulation (EU) 2016/679, as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (including as further amended or modified by the laws of the United Kingdom or of a part of the United Kingdom from time to time), the EU Regulation 2016 /679 of 27 April 2016 and of the Law n° 78-17 of 6 January 1978 as amended, known as the "Informatique et Libertés" law. The Organiser shall be responsible for the joint processing of the aforementioned Personal Data.
Personal Data will be processed for the following purposes:
- validation of the participation in the European Final Phase (verification of the eligibility of the Winner according to the criteria indicated in the European Regulations);
- the European Final Phase (review of the Application Files) ;
- communication between the Organiser and the Winners, inter alia for the conduct of the European Final Phase and the information of possible prizes;
- possible implementation of the allocations ;
- possible analysis of the Application Packages after the Competition in order to study the possibilities of partnership with the Winners and/or future investments.
The legal basis is (i) the execution of the present European Rules for processing for the purpose of validating the participation in the European Final Phase, the examination of the Application Form, the communication between the Organiser and the Winner as well as the possible awarding of prizes and (ii) the legitimate interest of the Organisation to keep the Application Forms beyond the duration of the Competition in order to communicate with the Winner and to study the possibilities of future partnerships and/or investments with the Winners.
The recipients of the Personal Data in the context of this Competition and in particular the European Final Phase are
- the services of the Organiser and the companies of the Unibail Rodamco Westfield group that process the Application Forms;
- any member of the Jury who has to deal with the Application Files; any judicial, administrative or fiscal authority who may request it when justified by a legal or regulatory provision;
- any third party whose exercise may be necessary in the context of the fulfilment of its legal and regulatory obligations, such as bailiff's offices or law firms.
The Organiser shall implement all appropriate technical and organisational measures to ensure the security of the processing of the Personal Data of the Winners and the confidentiality of the same.
The Personal Data of the Winner will be kept for the duration of the Competition, including the prize-giving phase (without prejudice to the provisions of 5 (i) above) and, subject to the Winner's agreement, for an additional period of 5 (five) years corresponding to the statute of limitations in force in the event of a challenge by a Winner in the Competition.
Under the applicable regulations, the Winner has the right to
- to access his or her Personal Data, in particular to check their accuracy and completeness;
- to request a correction or deletion of his or her data; to object to or request a limitation of the processing of his or her Personal Data;
- to receive a copy of their Personal Data;
- to give instructions on how to deal with their data after their death;
- to obtain portability of their data;
- to withdraw his or her consent, it being specified that this withdrawal does not affect processing carried out previously.
- to delete their Personal Data. However, the data collected is mandatory to participate in the Competition. Consequently, the Winner who exercises his/her right to delete before the end of the Competition will be deemed to have renounced his/her participation.
No profiling or automated decision making will take place in connection with the Competition.
In all the above cases, the Winner is invited to visit this page;
Furthermore, if the Winner is not satisfied with the way his/her Personal Data is processed, he/she may lodge a complaint with the competent supervisory authority (the Commission Nationale de l'Informatique et des Libertés - CNIL, 3 place de Fontenoy, 75007 Paris).
12. Liability
The Organiser will not be held liable in the event of:
- network malfunction,
- contamination by possible viruses,
- failure of any receiving equipment or communication lines,
- telephone connection problems,
- malicious interference with the Competition,
- failure to receive or destroy an entry,
- problems and malfunctions of the Agorize platform or hardware,
- human or electrical errors,
- disruptions that could affect the smooth running of the Competition,
- force majeure within the meaning of Article 1218 of the Civil Code as well as the cases usually retained by the case law of the Cour de cassation.
Furthermore, the Organiser declines all responsibility for any incident or prejudice of any kind, direct or indirect, which may arise from the use or enjoyment of the prize awarded, with the exception of bodily injury, which each winner acknowledges and accepts. Each Winner therefore waives any claim, action or recourse against the Organiser or any of the companies in the group to which it belongs with regard to the prizes, in particular their quality or any consequences arising from the possession of a prize.
13. European Regulation
The complete European Rules of the Competition are filed through www.reglement.net, with SELARL 812 - HUISSIERS, huissiers de justice associés, 88 boulevard de la Reine, 78000 Versailles.
In addition, the European Regulations and some information on the Westfield Grand Prix are available free of charge on the website: https://grandprix.westfield.com
If there is any disruption to the competition or changes made to the European Rules, an amendment will be made and filed with to the same bailiff who has received the current Rules.
Any participation implies full acceptance of the mechanics of the Competition, of these European Rules and of any amendments thereto.
Any person who contravenes one or more of the articles of these European Rules will be deprived of his or her right to participate in the Competition and, where applicable, to obtain the prizes attached to it.
14. Litigation
Any dispute relating to the interpretation and/or application of these European Regulations and any amendments thereto.
In the event of a persistent disagreement relating to the application or interpretation of the European Regulations and any amendments thereto, or in the absence of an amicable agreement, the dispute shall fall under the exclusive jurisdiction of the French courts.
These European Rules are subject to French law, in particular for any dispute that may arise as a result of participation in the Competition or that may be directly or indirectly linked to it, without prejudice to any conflict of laws rules that may exist.
Done in Paris, on 17/05/2023