STARTUPPER OF THE YEAR BY TOTAL - [ZIMBABWE]

Spread the Word! So many great applications were submitted during the five-week call for project. Bravo! Now it’s time to share your project on social media. The number of “likes” your project receives will boost your final score. You have two weeks, so spread the word!

Rules

COMPETITION RULES - STARTUPPER OF THE YEAR BY TOTAL
-
[Zimbabwe] 2018-2019 edition

 

 
Clause 1: The Organiser
Clause 2: The Competition
Clause 3: Conditions for participation and eligibility criteria
Clause 4: Filing of candidacies
Clause 5: Running of the Challenge
Clause 6: The complementary regional Big Winners Label
Clause 7: Personal data
Clause 8: Right of communication and right to image and likeness
Clause 9: Ownership and proprietary rights
Clause 10: Confidentiality
Clause 11: Liability
Clause 12:Consultation of the Rules
Clause 13: Ethics, Compliance, anti-corruption
Clause 14: Compliance with international economic sanctions
Clause 15: Acceptance of the Rules
Clause 16: Languages of the Challenge
Clause 17: Evidence rule
Clause 18: Claims
Clause 19: Independence
Clause 20: Invalidity
Clause 21: Governing law – Dispute

 

Clause 1: The Organiser

Startupper of the Year by Total Zimbabwe”- 2018-2019 edition, is a competition organised by Total Zimbabwe,a private limited company registered under the number 465/1960and having its registered offices at 1 Auckland Road,Southerton,Harare(hereinafter referred to as the ”Organiser”).

Clause 2: The Competition

Startupper of the Year by Total Zimbabwe’’- 2018-2019 edition is a national competition which aims to identify, elevate and accompany the best Projects for the creation or development of businesses (hereinafter referred to as the “Challenge”). The ambition of this competition is to accompany Projects which are designed for the socio-economic development of Zimbabwe.

This Challenge does not rely on chance to determine the finalists and awardees. The Rules define the rules applicable to the Challenge (hereinafter the “Rules”). The Organiser reserves the right to amend these Rules and the terms deriving herefrom at any time.

Clause 3: Conditions for participation and eligibility criteria

3.1 – The Candidate

The Challenge is open, without charge, to any natural person who is thirty-five (35) years old or younger on the date of filing of candidacies, who has a Project for the creation of a business or who manages a business that was created less than two (2) years previously.

Any person meeting these criteria and who registers on the website (Clause 4) is deemed to be a candidate for the Challenge (hereinafter the “Candidate”).

The Challenge is not open to employees of the Total group, or persons having a close family member who is an employee of the Total group or who is deemed to be so as a member of the Panel (5.2) or as Ambassador of the Challenge.

The term “close” means any member of a Total employee’s family, such as a spouse or partner, one of his or her parents, children, brothers or sisters, nieces or nephews, uncles or aunts, grandparents, grandchildren, a spouse or partner of a family member, or any person with whom there is a personal relationship that might affect the objectiveness of a professional decision.

The Organiser shall consider any candidacy in this situation to be null and void.

The Total group is a group comprising Total Zimbabwe and any legal entity:

  •      which holds, directly or indirectly, more than fifty percent (50%) of the securities immediately granting voting rights in ordinary general meetings of Total Zimbabwe
  •      in which more than fifty percent (50%) of the securities immediately granting voting rights in its ordinary general meetings are directly or indirectly held by Total Zimbabwe or by an entity that is affiliated with it as defined in the preceding point.

In the event that the Candidate is a minor, he or she shall be deemed to have been authorised by his or her parents or by the persons(s) having parental authority over him or her, or that failing his or her legal guardian(s), to enter the Challenge. The person(s) having parental authority agree to guarantee compliance with all of the provisions of these Rules.

In the event that the candidate knows a member of the panel, each must sign a sworn declaration of confidentiality and non-collusion.

The Challenge is organised by Total Zimbabweto promote the development of local initiatives. In this respect, the Candidate must be a citizen of the country in which he or she files his or her candidacy.

Candidates who have already competed in the first edition of the Challenge “Startupper of the Year by Total Zimbabwe”– 2015-2016 edition, may compete once again except for the three (3) winners in each country, who cannot apply again. 3.2 – The Project

To be eligible, the Project (hereinafter the “Project”) must meet one of the following criteria:

  •     it must be a Project for the creation of a business that is intended to be established in Zimbabwe and implemented within a maximum period of six (6) months following the designation of the winner(s); this period may be extended at the Organiser’s discretion in light of constraints existing in this country, 

or,

  •     it must be a business that was created less than two (2) years previously inZimbabwe. The creation date corresponds to the date of registration of the undertaking.  

3.3 – Commitment by the Candidate

The Candidate undertakes to provide all required substantiating documents and to accept expressly and without reserve all of the clauses of these Rules and to comply with the laws, regulations and legal obligations applicable to the Challenge in the country in which the candidacy is filed.

This Challenge is being run independently and simultaneously in various countries. A candidate having more than one nationality may only compete in one Challenge, and may only propose one Project. In the event that a candidate participates simultaneously in more than one Challenge or with more than one Project, the Organiser reserves the right to consider the candidacy null and void and to cancel the candidate’s participation in all of the Challenges in which he or she has participated.

The Organiser of the Challenge reserves the right to make all necessary verifications as to the compliance of the candidacy with the project eligibility criteria. Any registration based on erroneous, inexact, incomplete or fraudulent information shall not be taken into account and shall automatically cause the participation to be null and void.  

Clause 4: Filing of candidacies

4.1 Candidacy filing period

The period for filing candidacies shall run from  9 October 2018 at 12h (GMT+2) until 13 November 2018 at 12h (GMT+2). Any entry that is submitted after the entry deadline at the specified time on the specified date, shall be deemed to be null and void and shall not be taken into account.

This filing is made via an online platform accessible at the following address: https://startupper-of-the-year-challenge.total.com (hereinafter the “Site”). In countries in which internet access is not widespread, Total Zimbabwe reserves the right to provide self-service computers without this being able to be considered an advantage for those who use them. Candidacies shall be filed in the same manner via the Site and will then follow the same selection process as the other candidacies. 

4.2 Registration and creation of the candidacy file

It is necessary to register on the Site to be able to file a candidacy.

At the time of registration, the Candidate shall state his or her last name, forename and e-mail address. He or she must then agree to the Terms of Use of the Site and the Personal Data and Cookie Management Charter of Total Zimbabwe. These steps will allow his or her account to be created automatically; he or she will receive confirmation of this by e-mail.

The Candidate may at any time deregister from the Challenge Site via the “settings” section in his or her account; he or she will then receive an e-mail confirming the account deletion. The Candidate may also delete his or her candidacy file if desired, via the “Participation” section, by clicking on the button “delete my candidacy”. A message will then appear in this section to confirm the deletion of the file, no e-mail will be sent to confirm the deletion.

To create the candidacy file, the candidate must answer a weighted questionnaire and provide the requested information and documents, including his or her mobile telephone number. All of the fields for which an entry is stated to be required must be completed for the file to be able to be taken into account. If the candidate does not have all information available to create the file, he or she may reconnect to the “Candidacy” section up until the deadline for candidacies, to complete or amend it.

The Candidate shall be informed of the stages of the Challenge by e-mail or by SMS; the Organiser reserves the right not to put the latter service in place in countries where this solution is not possible, without being required to substantiate the reasons why it cannot do so. 

Clause 5: Running of the Challenge

5.1: Moderation of candidacies and vote by the general public

A moderation phase shall precede the publication of a short summary of the Candidates’ files on the Site. During this phase, the Organiser reserves the right to exclude from the selection process any candidacy file that is incomplete or incompatible with the Rules and Total’s Code of Conduct.

This moderation shall in addition be based on the Challenge entry criteria set forth in these Rules.

Complete files that comply with the eligibility criteria shall then be publicly accessible on the Site and put to a vote by the general public (“Share for Likes”) via a short description published on the Site and filled in by the Candidate in the language of his or her choosing. The public may vote on the Site in the following manner:

The “Share for Likes” public vote shall last for two (2) weeks, i.e. fifteen (15) days. The score obtained will allow the Organiser to assess the digital maturity and interest of the startup or idea for the general public. This will be taken into account for the overall assessment of the candidacies (cf. 5.2).

Terms of the “Share for Likes”: the candidate will receive, by e-mail, a post by the organising team containing a link to his or her Project’s descriptive page in the "Share for Likes" module of the site of the Total Zimbabwe Challenge. The candidate may, if he or she wishes, promote this post on social media. His or her Followers (meaning users who subscribe to the Candidate’s newsfeeds concerning the Candidate’s social media account(s) – Facebook, Twitter, LinkedIn, etc.) or any person wishing to support him or her, must then click on the link to the descriptive page for the Project (idea or startup) in the "Share for Likes" module on the Total ZimbabweChallenge site, and click on the "Like" (or similar) icon to give their vote to the Project. Before being able to support the Project in question, Followers must imperatively register on the site or via their social media, stating their last name, forename and e-mail address and accepting the Terms of Use of the Site and the Personal Data and Cookie Management Charter of Total Zimbabwe. A follower or visitor may “like” up to 3 Projects in total.

The number of Likes per Project in the “Share for Likes” module of the Site shall be converted into a score; this score shall count for 10% in the overall score for the Project.

Only votes made via the “Share for Likes” module of the Site shall be taken into account. The Candidate may viralize his or her Project as desired, in order to maximise chances for "Likes" in the Zimbabwe Challenge module. However, the Organiser disclaims all liability as to the manner in which the Candidate viralizes his or her Project. In addition, if the Candidate gets his or her Followers or other web users to “like” his or her own posts internally on social media, and not on the “Share for Likes” module of the Site, the Organiser will not be able to add these Likes to the overall score or explain their origin, and they shall therefore have no value in counting the “Share for Likes” or for the overall score.

5.2: Selection of candidacies

In general, at all stages of the selection process, compatibility with the Total Group’s ethical values shall be taken into account. Similarly, the substance and clarity of the candidacy file are essential criteria making it possible to assess the ability of the idea or startup to be deployed. Finally, where relevant considering the subject of the idea or startup, the panel will pay particular attention to environmental and safety aspects.

Each file shall be assessed according to the following criteria:

  1.      Social / societal impact

The ability to create value enduringly and contribute to the development of the local community (job creation, substitution for imports, participating in educational advancement, improving living conditions for local populations, etc.). The ability to anticipate needs which are inadequately met, if at all, and to respond to them via preventive, remedial or compensatory missions. The social or societal impact may concern a specified population of people or the country’s society as a whole. The social / societal impact cannot be the sole description of action taken by the entity but the description of actual usefulness that is measurable by the effects, changes, results or consequences generated by the entity and/or the Project / idea.  

  1.      Innovativeness

The innovative nature, meaning the supply of new and/or technological solutions (but not only the latter) to respond to difficulties encountered in the country from a social or societal point of view. Innovation does not necessarily mean revolution, it may be incremental, meaning that it improves what already exists, or radical, meaning that it makes a wholesale transformation. Innovativeness may also concern the very way in which the startup or future startup acts on its way of acting, meaning the proposed governance, new organisational forms, etc.

  1.      Feasibility and development potential

The Challenge wishes to accompany all structures from the idea to the startup less than two years old. It is important for the Organiser that the idea, and the startup, will be able to develop. For an idea, the most precise description possible of the first action to be taken will make it possible to assess the feasibility of this idea, and define the “minimum viable product”. For a startup less than 2 years old, it is the development potential, the ability of the startup to enter its growth phase, meaning to increase the startup’s size, which will be observed.

The Organiser reserves the right to amend this list at any time, and shall inform candidates of this by an update on the Site where relevant.

5.2.1 First phase of selection of the candidacy files

The files will be the subject of an overall score which includes the general public’s vote and the automatic score arising from the weighted questionnaire (4.2). 

Developed by a team of advisers specialising in rating startups, the weighted questionnaire aims to allocate, objectively, a maturity score based on the Project’s development stage and to allocate a corporate social responsibility (CSR) score. Certain questions, tied to the three assessment criteria described in 5.2, will be weighted favourably so that they count more significantly in the score.

The overall score therefore integrates:

  •     The automatic score from the weighted questionnaire (90%)
  •     The general public’s vote (10%)

5.2.2 Second phase of selection of the candidacy files (social entrepreneurship professionals)

The Organiser shall have the hundred (100) best scoring candidacy files, which are complete and compliant with Total Zimbabwe’s eligibility criteria, studied on an individual basis by professionals in the field of social entrepreneurship. Any files with an equal score to the hundredth best file will also be included in the files studied individually by social entrepreneurship professionals.

If less than one hundred (100) entries are filed in the period open for candidacies, all of the candidacies will be studied.

In the event that there are files scoring equally at 100th place, the Organiser reserves the right to include these equal scoring files in the Top 100 classification that will be visible on the Site. In the event that there are too many equal scoring files, the Organiser reserves the right to separate the scores by first examining the score given by the questionnaire. In the event that the Questionnaire scores are also equal, the Organiser  reserves the right to select all files which have the same score.

The hundred (100) Projects selected using the above principle shall receive a score, again on the basis of the responses given to the weighted questionnaire and according to the three scoring criteria described in 5.2, with the following weighting:

  1.      Social / societal impact: 50% of the score
  2.      Innovativeness: 30% of the score
  3.      Feasibility and development potential: 20% of the score

The score thereby obtained will make it possible to select the best fifteen (15) Projects that shall then be shortlisted.

In the event of equal scoring at 15th place, the Organiser reserves the right to include these equal scoring candidates in the Top 15 which will be visible on the Site. In the event that there are too many equal scoring files, the Organiser reserves the right to separate the scores by first examining the score given by the Social and Societal Impact criterion. 

If the scores for the Social and Societal Impact criterion are tied equal, the Organiser reserves the right to separate candidates by considering the score from the Innovation criterion. If this second score is identical for tied scores, the third score from the criterion on Potential and Feasibility of the Project shall be also identical, the Organiser reserves the right to select all of the Projects. 

5.2.3 Shortlist notification

Following this shortlisting phase, the list of finalists shall be communicated by e-mail or SMS to each of them; the Organiser reserves the right not to put the latter service in place in countries where this solution is not possible, without being required to substantiate the reasons why it cannot do so. The list of finalists shall also be available on the Site at the end of January 2019.

Following the publication of the results, the finalists shall have a period of five (5) calendar days to confirm formally by e-mail to the Organiser that they are maintaining their candidacy for the continuation of the Challenge. That failing, the Organiser reserves the right to disqualify any Candidate that does not do so.

A schedule shall then be communicated to the finalists by e-mail or SMS. Two meetings shall be scheduled for:

  •     the meeting for coaching/preparation of the pitching of the project to the final panel,
  •     pitching the project to the final panel.

These meetings will be held within a minimum of seven (7) calendar days after the announcement of the shortlist results. Two separate meetings on different dates may be given, as the case may be. 

5.2.4: Choice of winners by a local panel

During the final pitching phase, the finalists will invited to make a maximum ten (10) minutes presentation before the panel, which may include a presentation of the power-point type according to a template defined by the Organiser and which may be completed with other media, the list of which shall be communicated to the finalists; this presentation shall be followed by a question-and-answer session of a maximum of ten (10) minutes. The panel reserves the right to choose, in the end, only those candidacy files that it deems worthy on the basis of the selection criteria defined in 5.2.

The choice of panel members shall be entirely discretionary and cannot be disputed in any way whatsoever.

5.2.4.1: The three (3) winners and their prizes

The panel’s choice, which may where relevant choose less than three (3) Projects, or even no Project at all, is entirely discretionary and cannot be disputed in any way whatsoever.

Each winner shall benefit from personalised accompaniment (coaching) intended to help him or her create and/or develop his or her business. The content and duration of this accompaniment shall be adapted according to the development stage of the Project and within a limit four (4) hours per month for a period of one year that the panel identified during the selection process. This accompaniment shall be implemented as completed prior to 30 November 2019.

The Organiser reserves the right exceptionally to coach all of the finalists and without this granting the non-winning finalists any right of access to the other prizes.

In addition, the Organiser shall attribute:

  •     50% OF THE TOTAL AMOUNT OF PRIZES IN LOCAL CURRENCY, GIVING A VALUE OF 17500 USD to winner No. 1,
  •     30% OF THE TOTAL AMOUNT OF PRIZES IN LOCAL CURRENCY, GIVING A VALUE OF 10500 USD to winner No. 2,
  •     20% OF THE TOTAL AMOUNT OF PRIZES IN LOCAL CURRENCY, GIVING A VALUE OF 7000 USD to winner No. 3.

This budget is intended exclusively and in its entirety to finance the entrepreneurial process, i.e.:

  •     continuing the development of the existing business, to be paid on completion of the personalised accompaniment, 

or, 

  •     the implementation of the Project by the creation of the business, and in this particular case, the budget shall be the subject of two payments: one third (1/3) on completion of the accompaniment and the remaining two thirds (2/3) on the actual creation of the enterprise, within a maximum period of six (6) months. If the company is finally not created, for any reason whatsoever, the Organiser reserves the right not to pay the remainder of the prize amount. 

Finally, the Organiser shall proceed with communication with the aim of providing for the visibility of the winner in his or her country. This communication may take the form of a display on the Total Zimbabwe website, or a local media campaign. The Organiser reserves the right to define the level of commitment for this communication and visibility according to available resources in the subsidiary, without any claim being possible by the winners.

The prizes cannot be exchanged for other prizes, their monetary value or any form of currency, for any reason whatsoever.

The prizes are personal, non-transferrable and cannot form the basis of any challenge or dispute.

5.2.4.2: The “Top Female Entrepreneur” Label

During the final pitching phase, the Organiser shall identify a Project among the finalists where at least one of the founders is a woman and shall attribute to it the “Coup de Cœur Féminin” Label (Top Female Entrepreneur”). This “Top Female Entrepreneur” Label is independent of the status of winner, although it may be combined with it, and shall not be the subject of any financial prize from the Organiser. It is intended to incite women to create their startup.

This Label shall be awarded as follows: if Projects presented by a woman are among the three (3) best Projects selected by the Panel, the “Top Female Entrepreneur” Label will be awarded to the first woman in the classification. If no Project presented by a woman is among the three (3) best Projects selected by the Panel, the “Top Female Entrepreneur” Label shall be awarded by the Panel to one of the finalists that did not win.

The Project with the “Top Female Entrepreneur” label may benefit from networking, mentoring and/or coaching. The Organiser reserves the possibility of bringing this winner to Paris for an All-Women Entrepreneurship event. 

The Organiser reserves the right not to award this label if no file presented by a women meets the eligibility or quality criteria defined in (5.2).

The prizes cannot be exchanged for other prizes, their monetary value or any form of currency, for any reason whatsoever.

The prizes are personal, non-transferrable and cannot form the basis of any challenge or dispute. 

5.2.4.3: The “Startup for a better energy” Label

During the final pitching phase, the Organiser reserves the possibility of identifying among the finalists one or more Project(s) that relate directly to its activity. This or these finalist(s) shall then be labelled “Startup pour une énergie meilleure” (“Startup for a better energy”) and may be put in touch with the Organiser internal teams for potential partnerships.

This optional “Startup for a better energy” Label is independent of the status of winner, although it may be combined with it, and shall not be the subject of any financial prize from the Organiser.

The Organiser reserves the right not to award this label, or not to follow up on exchanges with a view to a potential partnership.

The Organiser’s choice is entirely discretional and cannot form the basis of any challenge or dispute.

5.3: Communication of the final result

The final selection phase shall end at the latest in the week of 18 February 2019. The results shall be announced on the Site, as a minimum. The Organiser reserves the right to communicate via means at its disposal (press, site, media campaign). The winners shall be notified individually by e-mail and/or SMS; the Organiser reserves the right not to put the latter service in place in countries where this solution is not possible, without being required to substantiate the reasons why it cannot do so.

An official ceremony announcing the results and the presentation of the prizes shall take place on 1 March 2019 at the latest and shall bring the Challenge to an end. 

Clause 6: The complementary Regional Grand Winners Label

6.1: Selection of Regional Grand Winners

At the end of the Challenges put in place in fifty-nine (59) countries, meaning fifty-nine (59) Challenges, a Grand Panel shall be put in place on a region-by-region basis to determine the following six (6) Regional Grand Winners, divided up proportionally to the number of countries in the zone:

  •       1 for the Europe zone
  •       1 for the Americas zone
  •       1 for the Middle-East, Asia-Pacific zone
  •       3 for the Africa zone

Candidates for this Regional Grand Winners Label shall be automatically selected for each country: winner No. 1 (see 5.2.4.1) from each country shall be presented to the regional Grand Panel.

Other terms may be communicated on the Site. The results will be announced on the Site, as a minimum, at the latest in mid March 2019. The Organiser reserves the right to communicate via means at its disposal (press, site, media campaign). The winners shall be notified individually by e-mail and/or SMS. These terms shall be available on the Site at the time of registration.

This “Regional Grand Winners” Label is independent of the status of winner and shall not be the subject of an additional financial prize from the Organiser.

The Organiser reserves the possibility of bringing these six (6) Regional Grand Winners to Paris for an event and to be put in contact with Parisian incubators, for example. The Organiser reserves the right to change the terms of this prize, on the understanding that it is complementary to the price received by winner No. 1 (see 5.2.4.1) for each country and that this is not a core part of the Challenge.

The prizes cannot be exchanged for other prizes, their monetary value or any form of currency, for any reason whatsoever.

The prizes are personal, non-transferrable and cannot form the basis of any challenge or dispute.

Clause 7: Personal data

7.1: Purpose of processing

Entry to the Challenge requires the communication of the Candidate’s personal data (last names, first names, telephone number, e-mail address etc.). This information is intended solely for the purpose of entry to the Challenge, managing the Candidates’ files until the possible award of a prize and following up on developments in the Candidates’ professional career, or to meet statutory and regulatory obligations in the country in which the candidacy is filed.

The Organiser is the controller for the processing of these personal data, which is based on the Candidate’s consent.  

7.2: Recipients of the data

Other than the Organiser, the personal data collected from Candidates may be communicated to affiliated companies. Affiliated Companies means the parent company, Total Zimbabwe and any legal entity:

1/ which holds, directly or indirectly, more than fifty percent (50%) of the securities immediately granting voting rights in ordinary general meetings of Total Zimbabwe;

2/ in which more than fifty percent (50%) of the securities immediately granting voting rights in its ordinary general meetings are held, directly or indirectly, by Total Zimbabwe or by an entity that is affiliated with it as defined in point 1/ above.

The personal data may also be communicated to the panel members, partners, consultants, service providers and subcontractors acting on behalf of the Organiser, solely for the performance of their duties in the context of this Challenge.

The Organiser may transmit the collected personal information in the event that it receives a demand from a judicial authority or any administrative authority authorised by law, seeking the communication of such information in accordance with statutory provisions in force in the country in which the candidacy was filed.

For the purposes of hosting and analysis, the personal data may be transferred to France, Ireland or any other country within the European Union. International transfers of personal data are framed by Binding Corporate Rules (“BCR”) approved by the European supervisory authorities and deployed in the group to which the Organiser belongs. The Organiser undertakes to comply with regulations applicable to the processing of personal data at the local level.  

7.3 Security and confidentiality of the data

The Organiser implements appropriate measures to preserve the security and confidentiality of the personal data and, in particular, preventing them from being deformed, damaged, or that unauthorised third parties obtain access to them.  

7.4: Data storage duration

The data shall be kept by the Organiser for the time required for the purpose of the processing and shall not exceed one (1) month for Candidates not shortlisted and 3 years for the winners of this Challenge.

7.5: Rights of Candidates

The Candidates shall have a right of access to, rectification of and erasure of their data. Candidates may also demand restrictions on the processing of data concerning them and/or request the erasure of these data. Candidates have the right to withdraw their consent to the processing of these data at any time. Candidates may be sent the data concerning them in a readable format. The Organiser reserves the right to refuse any request deemed to be abusive. The Candidate may at any time bring a claim before the supervisory authority competent for matters of protecting personal data.

If the Candidate wishes to exercise his or her rights, he or she should send a request, together with proof of identity, to 1 Auckland Road,Southerton,Harare,Zimbabwe.  

Clause 8: Right of communication and right to image and likeness

The Candidate authorises Total Zimbabwe and/or its Affiliated Companies to use, reproduce, represent and publish any information and image concerning him or her in a context of public relations communication and information about the Challenge, on all types of media, in all countries, without being able to claim any right whatsoever or any compensation whatsoever, for a period of five (5) years as of the filing of his or her candidacy.

The reproduction, representation or exploitation of all or part of the elements by the Candidate without the Organiser’s authorisation (photos, videos, names, logos, trademarks etc.) concerning the Challenge and the Total Group are strictly prohibited.

Clause 9: Ownership and proprietary rights

The Candidate certifies that he or she is the author of the Project and has all rights pertaining thereto. The Candidate further certifies that his or her Project does not and will not infringe the intellectual property rights of any third party, and complies with all laws in force in the country in which he or she filed his or her candidacy. The Candidate shall protect, indemnify and hold harmless the Organiser from the consequences of any complaint or legal proceedings brought by a third party following the infringement of the rights of that third party.

The Organiser acknowledges and undertakes that it does not hold and shall not claim any intellectual property rights in the Projects submitted to it by the Candidates other than those strictly necessary to carry out the Challenge. It is therefore accepted that during an initial period, the Organiser may, without charge, use and reproduce all or part of the Candidate’s Project for the requirements of the Challenge, as of the time of filing of the candidacy.

It is accepted that during a second period, the Organiser may, without charge, in accordance with Clause 8, use and reproduce all or part of the Candidate’s Project for any communication campaign or information, on all types of media, in all countries, for a period of five (5) years as of the date on which the finalists are named, except with the prior, express and written agreement to the contrary by the finalist.

Clause 10: Confidentiality

10.1Confidential Information” within the meaning of this clause shall mean all tangible or intangible information of any nature whatsoever which has been or will be communicated by the Organiser to the Candidate, or to which the Candidate has had or will have access in the context of the Challenge, directly or indirectly, including, without limitation, orally, in writing on any medium whatsoever, by the delivery of paper or electronic documents. The following shall not constitute Confidential Information:

(i) information currently accessible or becoming accessible to the public without breach of the terms of the Rules by the Candidate, (ii) information lawfully held by the Candidate prior to disclosure by the Organiser and (iii) information validly obtained from a third party authorised to transfer or disclose such information.

The Candidate undertakes, for the duration of the Challenge and for a period of one (1) year after the end of the Challenge, not to use the Confidential Information for purposes other than entry into the Challenge and not to disclose it to anyone by any means whatsoever.

10.2 The Organiser undertakes not to disclose the information and in particular the documents transmitted by the Candidate on filing his or her candidacy, with the exception of transmission to third parties having a need to know it for the sole purpose of the Challenge.

As of the shortlisting of finalists, the Organiser is expressly authorised to disclose all or part of the elements of the finalists’ CVs and Projects in communication campaigns or for information, except with the express prior written agreement to the contrary by the finalist.

Clause 11: Liability

11.1 The Organiser shall bear no liability and no claim may be brought against it seeking its liability if it does not receive entries for reasons not attributable to it, including in particular due to Internet connection difficulties, or if entries reach it in a format that is illegible or impossible to process. The cost of connection shall remain borne solely by the Candidate.

In addition, the Organiser shall not be liable for any direct or indirect loss or damage connected with the prizes or the running of the Challenge. The results of the Challenge, including shortlisting for the final, cannot give rise to any dispute.

It is agreed that the Organiser is alone organising the Challenge inZimbabwe, in its own name and for its own benefit. No Affiliated Company may in this respect be held liable.

The Organiser reserves the right, at any time and without having to provide any justification, to interrupt the Challenge, extend its duration, shorten it, amend it or cancel it without bearing any liability as a consequence. The Organiser cannot therefore be held liable in the event of a change in timetable.

The Candidate is invited to consult regularly the Rules, the Site, and the e-mail address that he or she gave as contact on filing the candidacy. The Candidate expressly waives any claim or contestation concerning any amendment to the Rules made by the Organiser.

11.2 By accepting these Rules, the Candidate is aware of the limitations of the internet in terms of security, and in particular the fact that data transmission over the internet is of only limited technical reliability.

The Organiser shall endeavour to make every effort to effectively protect the data concerning the Candidate, and to prevent any security incident that might nonetheless occur due to ill-intentioned third parties.

The Candidates undertake not to communicate their login details to third parties and acknowledge that it is their responsibility to preserve their own files locally on their own storage media.

In this respect, no claim against the liability of the Organiser may be made under any circumstances.

Clause 12: Consultation of the Rules

The Rules are freely consultable online at https://startupper-of-the-year-challenge.total.com.

A copy of these Rules may be requested, without charge and with reimbursement at the applicable price of second class post, on mere written request to the Organiser as follows:

One single request for reimbursement shall be accepted per Candidate.

Clause 13: Ethics, Compliance, anti-corruption

The Organiser recalls its commitment to comply with rules to combat bribery, fraud and infringements of competition law, and expects each Candidate, panel member, sponsor and professional to comply with this same commitment.

13.1 Each candidate, panel member, sponsor and professional undertakes to declare any potential conflict of interest that may arise from his or her participation in the Challenge, i.e. the existence of any family or professional ties, in order to avoid the risk of any disputing of a candidacy by other candidates or third parties.

13.2 Each Candidate, panel member, sponsor and professional certifies that for everything concerning this Challenge, neither he or she, nor to the best of his or her knowledge any person acting on his or her behalf, has made or offered, and will not make or offer, any payment, promise or any other advantage whatsoever, whether directly or indirectly through intermediaries, for the use or for the benefit of a person, whether or not that person is a Public Official (the “Beneficiary”), if any such payment, present, promise or advantage has or might have the purpose of (i) influencing an act or decision of the Beneficiary; (ii) inciting that Beneficiary to carry out or abstain from carrying out an act, in breach of his or her legal obligations; (iii) obtaining an undue advantage; or (iv) inciting that Beneficiary to use his or her influence to obtain an act or influence a decision of a public service, any public authority or any State-owned enterprise.

Clause 14: Compliance with international economic sanctions

This Challenge must be carried out in compliance with laws on export controls and international economic sanctions applicable to the country in which the Challenge takes place.

Clause 15: Acceptance of the Rules

Entry to the Challenge by the filing of a candidacy file implies acceptance of these Rules in their entirety, without reserve.

Clause 16: Languages of the Challenge

The Candidates’ file, including attachments, must be submitted in English.

The pitching before the panel shall be made in English.

Failure to comply with the language shall lead to the Candidate’s disqualification from the Challenge.

Clause 17: Evidence rule

The proof of any act, including the acceptance of these Rules by the Candidate, fact or omission, may be evidenced by programs, data, files, recordings, operations and other elements of a digital or electronic nature, in a digital or electronic format or on a digital or electronic medium, that has been established, received or conserved directly or indirectly by the Organiser, including in its information systems. The Candidate undertakes not to dispute the admissibility, validity or probative value of the aforementioned elements of a digital or electronic nature, format or medium, on the basis of any legal provision whatsoever. Therefore, the elements in question shall constitute evidence and, if produced in evidence in any litigation or other proceedings, shall be admissible, valid and may be relied upon between the parties in the same manner, under the same conditions and with the same probative value as any document that is drawn up, received or kept in writing.

Clause 18: Claims

Any claim concerning the application of these Rules or their interpretation must be sent by e-mail to anesu.mutasa@total.co.zw The Organiser reserves the right, however, not to follow up on claims that it deems not to be pertinent.

Clause 19: Independence

Registration and entry into the Challenge shall not in any manner have the effect of creating a relationship of subordination between the Organiser and the Candidate.

Clause 20: Invalidity

The invalidity of one or more Clauses of these Rules, for any reason whatsoever, shall not affect the validity of the other clauses.

Clause 21: Governing law – Dispute

Only the Englishversion of these Rules shall be binding and official, and shall prevail over all other translated versions.

These Rules shall be governed exclusively by the laws of Zimbabwe to the exclusion of its conflict-of-laws rules.

Any dispute arising out of or in relation to the Rules or the Challenge shall be brought before the competent courts of Zimbabwe ,having regard to the nature of the dispute.