Official Submission Rules (the “Rules”)
APPLICATION AND SUBMISSION PERIOD
Sid Lee Inc. (the “Organizer”) presents “Fonds d’Exploration”, an initiative by its division LAB, specialized in finding creative solutions to business and communication problems specific to each company. Through the initiative Fonds d’Exploration, the Organizer invites its Existing Clients to submit their business or communication problems by means of a Questionnaire (the “Application”).
At the end of the Submission Period, all eligible Applications will be evaluated based on the criteria established in these Rules to select a “Winner”, who will be awarded LAB’s creative services as described below.
Ultimately, the Organizer and LAB reserve the right to use the results of the services that make up the Prize to promote LAB’s expertise as part of a promotional campaign.
The Submission Period begins on February 16, 2023, at 12:00:01 a.m. Eastern Time (ET) and ends on March 11, 2023, at 11:59:59 p.m. ET (the "Submission Period"). The clock used by the Organizer will be the official clock to determine the date and time of receipt of an Application (as such term is defined below).
To submit an Application to the Fonds d’Exploration, the Candidate must be an Existing Client of the Organizer and have received a personalized email invitation from the Organizer to submit an Application. An "Existing Client" of the Organizer is an individual or company that has retained the services of the Organizer through a service agreement, effective and ongoing as of February 1, 2023, and that has no outstanding accounts with the Organizer at the time of submitting its Application. Each eligible person who submits an Application is hereinafter referred to as a "Candidate" and collectively, such persons are referred to as the "Candidates".
Are excluded the members of the Jury, employees, directors, shareholders, agents, representatives or mandataries of the Organizer and those of its subsidiaries, related companies, franchises, advertising and promotional agencies as well as the members of their immediate family (father, mother, sisters, brothers, children), legal or common-law spouse, and all individuals with whom these individuals are domiciled, whether or not these persons are related to each other.
HOW TO SUBMIT AN APPLICATION
During the Submission Period, a candidate must:
— Open the personalized email invitation sent by the Organizer and access the Website https://sidlee.com/en/landingpages/the-lab or https://sidlee.com/fr/landingpages/the-lab (the “Website”);
— Fill out all sections of the Application form, including the first name, last name and email address of the individual submitting the Application as well as the identification of the Candidate, i.e. the individual or company being the object of the Application;
— Answer at least one of the questions from the Questionnaire available on the Website, in order to identify and describe a communication or business issue of the Candidate (hereinafter the “Problem 0”).
The Application and the answers to the Questionnaire must comply with these Rules and meet all the “Application Requirements”, as such terms are defined below. An Application cannot be modified after it has been submitted to the Organizer.
Once all these steps have been completed, the Candidate must click on “Submit my answers” to send the Application form and the Questionnaire to the Organizer. By doing so, the Candidate will obtain one (1) Application to the Fonds d’Exploration (an “Application”). This Application will be admissible if it meets all the terms and conditions set out in these Rules.
Limit. There is a limit of twelve (12) Applications per Candidate for the entire Submission Period. Each Application must raise a different Problem 0.
Mechanically reproduced, forged, or altered Applications are void. The Organizer is not responsible for lost, late, undelivered, or invalid Applications, which will be disqualified. All Applications become the exclusive property of the Organizer and will not be returned to the Candidates.
Any attempt by a Candidate to obtain more than the stated number of Applications by using multiple user profiles, email addresses, social media accounts, identities, registrations, logins, or any other methods will void the Candidate’s Applications and such Candidate may be disqualified at the Organizer’s sole discretion. Use of any automated system (including but not limited to, Applications submitted using any robot, script, macro, or other automated service) to participate is prohibited and will result in the disqualification of the Candidate. In the event of a dispute as to the identity of any person who submitted an Application, the authorized account holder of the email address will be deemed to be the Candidate. The “authorized account holder” is the natural person assigned to the email address by the internet access provider, the online service provider or other organization responsible for assigning the email address account. Selected Candidates may be required to show proof of being the authorized account holder.
By submitting an Application, a Candidate must comply with the following requirements:
— The individual completing and submitting the Questionnaire must be the person to whom the Organizer’s personalized invitation is addressed, or a person authorized by the recipient of the invitation. The individual completing and submitting the Questionnaire must be empowered to (i) disclose the information contained in the Questionnaire, (ii) commit the Candidate to the study process offered by LAB and (iii) bind the Candidate to these Rules;
— The Candidate must answer at least one of the questions in the Questionnaire and submit at least one Problem 0. It is not mandatory to answer all the questions to submit an eligible Application. The Organizer encourages the Candidates to provide complete answers to the Questionnaire to facilitate the Jury’s evaluation.
— The Questionnaire must not contain any confidential information or any of the Candidate’s trade secrets, considering the license granted in these Rules for the use of its contents by the Organizer.
Additionally, the Application and the answer to the Questionnaire must meet all the following requirements:
— Comply with the applicable laws;
— Be an original text of the Candidate;
— Not infringe on the intellectual property rights and/or the rights of any third-party, would it be an individual or a corporate entity;
— Not include any content that: (i) infringes, misappropriates, or violates any patent, copyright, trademark, trade secret, moral right or other intellectual property rights, or publicity or privacy rights of any third party; (ii) violates or encourages any conduct that would violate any applicable law or regulation or result in any civil or legal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or violence against an individual or group (which includes, but is not limited to, the following: race, gender, beliefs, ethnicity, religious affiliation, familial status, sexual orientation, gender identity, or language); (vi) is violent or threatens or promotes violence or threatening actions toward any other person; (vii) promotes illegal or harmful activities or substances; (viii) contains information or content displaying the names, images, likenesses, voices or other identifying factors of any third party (living or dead), such as personal names, email addresses or mailing addresses, including but not limited to, those of celebrities, or other public figures, living or dead; (ix) uses trademarks, logos, trade names or source indicators owned by third parties; or (x) at the sole discretion of the Organizer, qualifies as one or more of the following: insults, attacks, harasses, intimidates, threatens, degrades, or impersonates another; contains "hate speech" directed at an individual or group based on members of certain demographics; or promotes products or services that are deemed unsafe or inappropriate; contains content that is shocking, sensational, or disrespectful, or displays excessive violence; is otherwise excessively obscene, offensive, or inappropriate; or links to or promotes a website; or makes available any unsolicited or unauthorized advertising, trade dress, promotional materials, junk mail, spam, pyramid schemes or any other form of solicitation; or is otherwise inadmissible because it is not consistent with the values of the Organizer.
All requirements set forth in the present section are collectively referred to as the “Application Requirements”. The Applications that do not respect these Requirements may be disqualified, and any such decision will be made by the Organizer in its sole discretion.
REPRESENTATIONS OF CANDIDATE
By submitting an Application to the Fonds d’Exploration, each Candidate represents and warrants that: (i) the Application contains an original text, created exclusively by the Candidate; (ii) no other party has any right, title, claim or interest in the Application and its content, including in the answers to the Questionnaire; and (iii) the Candidate, the Application and its contents comply in all respects with the Application Requirements and these Rules.
SELECTION BY THE JURY
There is one way to be selected to win the Prize offered by Fonds d’Exploration, namely by being selected by the Jury, as further described below.
The “Selection by the Jury” will take place between March 11, 2023, and March 31, 2023, in Montreal, at the offices of the Organizer located at 12102-1 Place Ville Marie, Montreal, Quebec, H3B 3Y1, Canada. The Jury's decision as to which Candidate will be selected as the potential winner will be made on March 31, 2023.
During this period, a jury of 20 employees of the Organizer (the "Jury") will evaluate all eligible Applications received during the Submission Period.
All Eligible Applications to the Fonds d’Exploration will be judged based on the answers to the Questionnaire using the following five (5) criteria (the "Criteria"):
1. The level of originality of the Problem 0 (25%);
2. The level of clarity of the Problem 0 (25%);
3. The significance of Problem 0 to the business of the Candidate's brand (25%); and
4. The feasibility of a potential solution to Problem 0 (25%).
The Candidate whose Application receives the highest score is selected as the potential winner. In the event of a tie, the Candidate with the highest score on Criterion #1 will be deemed to rank first, with the process repeated for Criteria #2, #3 and #4 if there are any outstanding ties. If there are still two or more tied Applications, the Jury will interview each of the tied Candidates to further explore the answers to the Questionnaire and select the potential winner, again using the above criteria.
There is one prize available to be won through the Fonds d’Exploration (the "Prize"). The Prize consists of the following: based on the selected Application, LAB will provide consulting services to the Candidate, in the form of a bank of six hundred (600) hours of work, to study, develop and propose a solution to the Problem 0 set forth in the selected Application. The total value of the bank of hours forming the Prize is one hundred thousand dollars ($100,000 CAD).
The Prize may be claimed, and LAB services provided, during the period between March 25, 2023, and March 25, 2025, only. The Prize includes only the study and ideation services of the solution proposals, for the Problem 0 raised in the Application. The Organizer and LAB have no obligation of result and offer no guarantee as to the resolution of the Problem 0 and disclaim all liability in this regard.
Services required for the production and implementation of the solution proposal are not included in the Prize. If the selected Candidate wishes to retain additional services from LAB or the Organizer, including for the production and implementation of the solution proposal, the standard process of cost estimates, approval and entering a service agreement will apply.
In no event will the Organizer award more than the stated number of prize. The Prize is not exchangeable, refundable, transferable, has no cash value and must be accepted as awarded, without substitution. The Prize may not be exchanged for cash, other services provided by the Organizer or applied to any invoice of the Organizer issued to the Candidate in connection with services usually rendered to the Candidate outside of this initiative.
NOTIFICATION AND AWARDING OF PRIZE
The Organizer will notify the Candidate whose Application is selected by the Jury by email or telephone within forty-eight (48) hours of the end of the Selection by the Jury.
Should the Organizer be unable to contact the selected Candidate for any reason, the selected Candidate will be disqualified, and the Organizer may, at its sole discretion, select the Application with the next highest score further to the Selection by the Jury, and attempt to award the Prize to another Candidate, who will be subject to disqualification in the same manner.
To be declared the “Winner”, the selected Candidate must, in addition to meeting the Application Requirements and complying with these Rules:
— Respond to the Organizer's notice within forty-eight (48) hours of it being sent by the Organizer;
— confirm within thirty (30) days that the Candidate accepts the Prize and its implementation within the period of March 25, 2023, through March 25, 2025;
— agree to cooperate with LAB in the study of the Problem 0, including by providing LAB with access to the information relevant to such study;
— sign a license confirming the authorizations granted herein as to the use of the Licensed Materials (as defined below) by Organizer;
— sign a Release form with respect to the Prize and confirm that the Candidate has read these Rules and agrees to abide by them. The Release form must be returned to the Organizer within forty-eight (48) hours of being sent by the Organizer to the selected Candidate once the Candidate has confirmed acceptance of the Prize.
If the selected Candidate is unable to meet these requirements, the Candidate will not be declared a Winner and the Organizer will follow the procedure to reselect a Candidate, who may be disqualified in the same manner.
If no Candidate is declared a Winner within sixty (60) days of the end of the Selection by the Jury, the Organizer reserves the right to cancel the Prize.
SUBSTITUTION OF THE PRIZE BY THE ORGANIZER
At any time and for any reason whatsoever, the Organizer reserves the right to substitute the Prize as described in these Rules with a prize of the same nature and of equivalent or greater monetary value, or, in its sole discretion, to provide the monetary value of the Prize, as indicated in these Rules.
By submitting an Application to the Fonds d'Exploration, each Candidate authorizes the Organizer and its representatives to use the Candidate’s name, Application and its content, including the Questionnaire, and in the case of the Winner, the materials provided by the Winner for the purposes of studying the Problem 0 and the result of the services rendered by LAB pursuant to the redemption of the Prize (collectively, the "Licensed Material").
The Candidate remains the owner of the rights in and to the Licensed Material related to its Application. By submitting an Application, each Candidate irrevocably grants to the Organizer, LAB and their affiliates a non-exclusive, transferable, perpetual, royalty-free, worldwide license to perform, communicate, reproduce, distribute, publish, display, host, modify, translate, copy, sublicense or otherwise use and exploit the Licensed Material and to exercise any other exclusive rights associated with the Licensed Material, in any media, now known or hereafter devised, without further authorization, notice and/or financial compensation to the Candidate or any other third parties (collectively, the "Granted Rights"). The Granted Rights may be exercised by the Organizer and its assignees or licensees. The Candidate also waives the exercise of its moral rights in connection with its Licensed Material, for the entire world and for the duration of the Granted Rights.
BY SUBMITTING AN APPLICATION TO THE FONDS D’EXPLORATION, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR LICENSED MATERIALS MAY BE USED FOR ANY PURPOSE BY THE ORGANIZER AND LAB, INCLUDING, WITHOUT LIMITATION, AS PART OF A PROMOTIONAL CAMPAIGN FOR LAB'S EXPERTISE, WITHOUT ANY LIMITATION AS TO THE DURATION AND TERRITORY, AND WITHOUT ANY COMPENSATION OR REMUNERATION TO YOU.
Personal Information. The Organizer and its authorized agents will collect, use, and disclose the personal information provided by the Candidates at the time of submitting an Application to the Fonds d’Exploration for the purposes of administering the initiative of the Fonds d’Exploration and for the fulfillment of the Prize.
Verification of Release Forms. Release forms are subject to verification by the Organizer. Any Release that is, as the case may be, incomplete, illegible or submitted late may be refused.
Conduct and Disqualification. The Organizer reserves the right, in its sole discretion, to cancel an Application or disqualify a Candidate from the Fonds d’Exploration and/or exclude such Candidate from any future initiative or promotion held by Organizer (1) if the Candidate fails to comply with each of the provisions of these Rules (2) if the Candidate applies or attempts to apply to the Fonds d’Exploration in a manner that is contrary to these Rules or that is unfair to other Candidates; or (3) if the Candidate is suspected of (i) directly or indirectly tampering with the execution of the Fonds d’Exploration, (ii) making a false statement regarding the Candidate’s Application, or (iii) violating these Rules. In such case, the Organizer reserves the right, at its sole discretion, to make a new Selection by the Jury from among the eligible Applications received, under the same conditions.
Any attempt to deliberately damage any component related to the application or administration of the Fonds d’Exploration or to sabotage its legitimate conduct constitutes a violation of civil and criminal laws. If such attempts were made, the Organizer reserves the right to deliver the Candidate, or any other person directly or indirectly related thereto to the competent judicial authorities and to obtain compensation under the law.
The Organizer's decisions regarding any aspect of the Fonds d’Exploration are final. The Fonds d’Exploration is subject to all applicable federal, provincial and municipal laws. The invalidity or unenforceability of one of the provisions of these Rules does not affect the validity or enforceability of any other provision contained herein. If any provision of the Rules is found to be invalid or otherwise unenforceable, these Rules will remain in effect and should be interpreted as if the non-applicable provision were not part of the present Rules. Paragraph headings are used for reference purposes only and should not affect the interpretation of the Rules.
Limitation of Liability. No obligation or liability shall be incurred by the Organizer, LAB and their subsidiaries, affiliates, advertising agencies, licensees, franchisees, partners, retailers, distributors or other parties connected with the Fonds d’Exploration, or their respective directors, officers, employees, shareholders, agents, other representatives, successors and assigns (collectively, the "Releasees") as a result of an Application to the Fonds d’Exploration or any attempt to submit an Application to the Fonds d’Exploration.
The Candidates agree to release the Releasees from any obligation and liability with regards to any damage or loss caused by any technical problem or defect likely to disrupt the Fonds d’Exploration or the conduct thereof, and arising in particular, but not limited to, the malfunction of any computer component, any software or any communication line, the loss or absence of network communication or any faulty, incomplete or deleted transmission or download by any computer or any network. The Organizer in no way guarantees that all the components related to the submission of Applications and the administration of the Fonds d’Exploration, including the Website and/or any mobile application of the Organizer or any site related thereto, if applicable, will be accessible or functional without interruption during the Submission Period or that they will be free from any errors. The use of any component related to the submission of Applications and the administration of the Fonds d’Exploration is made at the risk of the Candidate. By applying to the Fonds d’Exploration, the Candidates agree to release the Releasees from any responsibility with regards to human, typographical, technical or computer errors, printing or network errors which may occur in the context of the administration of the Fonds d’Exploration, of the download, of the counting or of the processing of the Applications, of the announcement of the Prize or in the documents related to the Fonds d’Exploration.
The Candidates agree to release the Releasees from any claim, action, damage, demand, means of action, cause of action, lawsuit, debt, duty, account, surety, agreement, guarantee, indemnity, contract, or liability of any kind whatsoever, arising out of or related to an Application or an attempt to submit an Application to the Fonds d’Exploration. The Releasees will not be held responsible for lost, incomplete, late, or misdirected Applications or Release forms.
By accepting the Prize, the Winner releases the Releasees from any responsibility, any obligation, claim, action, damage, demand, means of action, cause of action, lawsuit, debt, duty, account, surety, agreement, warranty, indemnity, contract or liability of any kind whatsoever arising from or related to the acceptance and/or use of the Prize.
Modification. The Organizer reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Fonds d’Exploration, in whole or in part, without notice or obligation, in the event that any occurrence or any human intervention manifested that could alter or influence the administration, security, impartiality or conduct of the Fonds d’Exploration as provided for in these Rules.
End of Application. Without limiting the generality of the foregoing, if the Fonds d’Exploration, or any part thereof, is not capable of running as planned for any reason, including, but not limited to, due to a computer virus or bug, to tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, according to the Organizer, in its sole discretion, corrupt or affect the administration, security, fairness, integrity or normal conduct of the Fonds d’Exploration, the Organizer may, in its sole discretion, cancel any suspect Application and: (a) terminate the Fonds d’Exploration, or any portion thereof; (b) modify or suspend the Fonds d’Exploration, or any portion thereof, to solve the problem, and then resume the Fonds d’Exploration, or any relevant portion thereof, in a manner that best respects the spirit of these Rules; and/or (c) award the Prize from among the compliant eligible Applications received prior to the discovery of the problem, in accordance with the winner selection criteria set forth herein.
Language. In the event of a discrepancy between the French and English versions of the Rules, the French version will prevail.