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Terms & Conditions

Volvic Thirsty for Action call for entries

These Terms and Conditions will govern submissions to the “Volvic Thirsty for Action Grant”, which is an online call for entries for sustainable and action-oriented projects on nature protection, circularity and climate change.​ (the “Contest”).

In making a submission to the Thirsty for Action Grant, you agree that you will be legally bound by these Terms and Conditions.

The promoter of the Thirsty for Action Grantis Société des Eaux de Volvic, registered capital of 2,890,058 euros (395 780 059 RCS Clermont-Ferrand) whose registered office is located at Zone Industrielle du Chancet, 63530 Volvic, France (hereinafter “SEV”).

1. ELIGIBILITY RULES

The Contest is open to legal persons being non-governmental organizations, non-profit organizations and/or social businesses, established worldwide.

Individuals are not admitted participating to the Contest.

By participating, each applicant (hereinafter, an “Applicant”) agrees to abide by these terms and conditions (“Terms”), SEV’s Privacy Policy (which can be found at https://www.volvic.com/privacy) and the decisions of the Selection Team (as defined below), which shall be final and binding in all respects relating to the Contest.

2. PURPOSE

The Contest offers Applicants the opportunity to receive one of the three grants of €10,000 of funding (as described in detail below) promoting one of the three following sustainable and action-oriented projects : 1) Circularity: with initiatives that results in eliminating unnecessary packaging to reduce waste and/or systems for collection of wastes and recycling, 2) Climate Change : with initiatives aiming to reduce or capture carbon emission sand 3) Nature Protection: with initiatives that protect and/or restore natural ecosystems (forests, watersheds, biodiversity…).The purpose of the Contest is to encourage Applicants to drive change within one of the three above-mentioned sustainable and action-oriented solutions.

3. PARTICIPATION PROCEDURE

The competition can be accessed through the website [•] where the Contest is hosted.

Between October 21st, 2020, 11:00am CET and January 5th, 2021, 6:00pm CET (“Application Period”), Applicants shall:

— Complete the application form at volvic.com/thirstyforaction/applicationform;

— Describe and present on volvic.com/thirstyforaction/applicationform a sustainable and action-oriented solution project which fulfills the following conditions (the “Conditions”):

1. The submitted project (the “Project”) must be under the ownership of the Applicant & must be an original work that does not infringe any third-party rights whether or not protected by any Intellectual Property Rights.

2. The Project must not have been financed at any moment by any other food or beverage company in the past nor intended to be financed by any food or beverage company in 2020 or 2021.

3. None of the Applicants (including Winning Applicants) can use any member of the Selection Team names, whether simple names or registered names or commercial names, brand or logo to communicate on its Project nor can it suggest any collaboration or endorsement with any member of the Selection Team.

4. The maximum Project submissions is capped at 100 Eligible Projects. Once SEV receives 100 Eligible Projects, the Contest will be closed even if it means before the official end date of the Contest set at January 5th, 2021, 6:00pm CET.

5. The Project and the application must be in English or in local language of the Applicant, it being agreed that local language application will be translated by a professional translator appointed by SEV at SEV's costs.

Between January 5th, 2021, 6:00pm CET and January 19th, 2021, 6:00pm CET, SEV will check the compliance of the Projects with the Conditions. Projects compliant with the Conditions (the “Eligible Projects”) will be submitted to the Selection Team.

Applicant must declare any conflict of interest (whether actual or potential), such as existing investment by companies which compete with SEV or any affiliate company of SEV (Danone group) or presence on the management or supervisory board of individuals who may have such a conflict.

The application must not be contrary to public order & good moral standards. SEV reserves the right to exclude any Applicant who would not comply with these Terms.

Once an application has been submitted, it cannot be modified in any way. SEV will not be responsible for any incomplete applications or applications not received, not recognized, not accepted for any reason or delayed.

No fees shall be payable to any entrant in relation to their application, save as described below in relation to Winning Applicants. All related costs/time off will be at the sole and absolute responsibility of the Applicant.

Applicant represents and warrants that: (i) it has the right to submit the application, (ii) all information provided as part of the application is true, complete and not misleading, and that (iii) it owns, on an exclusive basis, any and all rights, including Intellectual Property Rights, related to the Project submitted to the Selection Team, save for any potential free of rights part of such Project (iv) it has read, understood and agreed to these Terms.

4. SELECTION PROCEDURE

An independent jury (the “Selection Team”) will be composed of (i) a number of independent organizations comprised between 2 and 10, all of them commonly recognized for their commitment around the three abovementioned areas (circularity, climate change, nature protection) and (ii) one member of the Volvic Global Team in charge of waters & sustainability. The final list of the Selection Team will be released on volvic.com/thirstyforaction at the latest on November 30th, 2020.

The Selection Team will review all Contest applications (see below) to select the winner (the “Winning Applicant”) under the terms, conditions and limitations provided hereunder.

Depending on the total number of Eligible Projects received, the following selection procedure shall apply:

• SEV receives between 1 and 20 Eligible Projects: • Between January 19th, 2021, 6:00pm CET and March 25th, 2021, 6:00pm CET, each member of the Selection Team will review and assess individually and one by one all of the Eligible Projects; • Between March 26th and April 1st, 2021, the Selection Team will be reunited to debate and elect the Winning Applicants; • SEV receives between 21 and 100 Eligible Projects: • Between January 19th, 2021, 6:00pm CET and February 19th, 2021, 6:00pm CET, three members of the Selection Team will pre-select the top-20 Eligible Projects • Between February 19th, 2021, 6:00pm CET March 25th, 2021, 6:00pm CET, each member of the Selection Team will review and assess individually and one by one the top-20 preselected Eligible Projects; • Between March 26th and April 1st, 2021, the Selection Team will be reunited to debate and elect the Winning Applicants;

The Selection Team will elect 3 Winning Applicants, one for French and global market, one for German and global market and one for global market only, based on the following criteria (the “Criteria”):

• Clear, concrete, positive, sustainable impact on one of the 3 following areas: • Area 1 - Circularity: the Project consists in (i) initiative(s) that results in eliminating unnecessary packaging to reduce waste and/or (ii) systems for collection of wastes and recycling. • Area 2 - Climate Change: the Project consists in initiative(s) aiming to reduce or capture carbon emissions. • Area 3 - Nature Protection: the Project consists in initiative(s) that protect and/or restore natural ecosystems (forests, watersheds, biodiversity...). • People should be able to participate to the Project (for example, volunteering, signing of petitions, donations to a specific cause, etc.) • Established feasibility assessment & actionable output (roadmap or vision strategy and key performance indicators to evaluate success) • Unique, original, grassroots-oriented solution • Respect the values of the Volvic® brand (in line with Volvic®’s one planet one health values as part of Danone group)

Any Applicant may be asked to provide additional information either virtually or in person through one of its representative in order to allow the Selection Team to choose the Winning Applicants.

The Selection Team will select three Winning Applicants (one for France, one for Germany and one for global) based on the Criteria. Each of the three Winning Applicants will be granted €10,000 in the conditions set forth below.

Decisions of the Selection Team are final and may be made in its absolute and sole discretion.

The Selection Team reserves the right not to award one or several grants, if in its sole discretion, it does not receive suitable applications regarding the Criteria. No details of the deliberations on individual applications will be revealed to Applicants or the public.

5. PRIZE

Each Winning Applicant will receive a €10,000 grant (the “Prize”). In return it shall implement the Project described and will grant SEV exclusive worldwide rights to promote & communicate the Project, from the moment the Winning Applicant accepts the Prize, and for a period of 1 year from that date to communicate in all channels (trade, all types of events, TV, outdoor, radio, press, PR, digital, social-paid media included) according to the condition set forth in Article 9 of the Terms.

The Prize will be paid only after signing a grant contract and the payment will be done only through a bank transfer. The Prize will be awarded to the Winning Applicant by bank transfer, after SEV receives all bank details, identity documents & other personal information necessary to do the latter. After the grant contract is signed by both parties, which should occur prior to April 22nd, the payment will be completed in the next 60 days, before June 21st, 2021. The Prize is set in euros and will be paid in euros or the equivalent amount in local currency depending on the Winning Applicant residence country.

Volvic® will follow up with the Winning Applicant 1 year after the grant payment is completed to check Project progress.

The Prize must be entirely used for the realization of the winning Project & shall not be used to cover debts & bonuses. The Winning Applicant agrees to comply with all applicable laws and regulations relating to their use of the Prize and realization of the Project. The Winning Applicant must maintain records of all purchases made using the Prize and make these records available for review or audit by SEV for a period of three years after the Prize is awarded.

6. NOTIFICATION OF WINNERS

The Winning Applicant will be notified by email and/or telephone and will have seventy-two (72) hours to respond to notification by email. The Winning Applicant will be required to execute and return a legally binding acceptance of the terms of any grant within three (3) days of date of reception of such terms. If such acceptance is not returned within the specified time period, a notification is returned as undeliverable, or a potential Winning Applicant is found not to be in compliance with these Terms, Winning Applicant may be disqualified.

7. INDEMNIFICATION

Applicant agrees to release, indemnify, and hold harmless SEV and its affiliated companies (Danone group), any member of the Selection Team, their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (“Released Parties”) from any and all liability, losses, damages, claims and expenses resulting, in whole or in part, directly or indirectly, from or related to Applicant’s participation in the Contest in any way (including when arising from any prize or authorization given by the Winning Applicant, when applicable). Released parties are not responsible if any Prize cannot be awarded due to a mistake by the Winning Applicant on its bank details or information or interruptions due to acts of god, acts of war, natural disasters, weather, or terrorism.

8. GENERAL CONDITIONS

Applications generated by script, macro or other automated means or by any means which subvert or tamper with the submission process are void.

Persons who tamper with or abuse any aspect of the Contest or who are in violation of these Terms, as solely determined by SEV, will be disqualified.

SEV reserves the right if circumstances so require to suspend, modify, extend or terminate the Contest.

Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded. To the fullest extent permitted by law, SEV hereby excludes and shall not have any liability to any Applicant in connection with or arising out of the Contest howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude SEV liability as a result of a breach of any of its obligations.

Although the contest may be featured on Youtube, Facebook, Instagram, LinkedIn and Twitter social media platforms, this Contest is not sponsored, endorsed, or administered by, or associated with Youtube, Facebook, Instagram, LinkedIn and Twitter social media platforms. By entering this Contest, all Applicants release Youtube, Facebook, Instagram, LinkedIn and Twitter from any liability arising out of this Contest. Applicants are providing information to the organizer and not to Youtube, Facebook, Instagram, LinkedIn and Twitter social media platforms. The information Applicants provide will only be used for the purposes referred to in these Terms.

In the event that any provision of these Terms is held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect. These Terms shall be construed in accordance with the laws of France.

9. INTELLECTUAL PROPERTY, RIGHT OF PUBLICITY AND PROMOTION

9.1. Intellectual Property Rights (or “IPRs”) means in these Terms, any and all rights, title and interest in all intellectual property including but not limited to copyright (including authors rights and neighboring rights), trademarks or service marks, design rights, business or trade names, goodwill, know how, database rights, domain names, moral rights, personality rights, privacy rights and publishing rights, trade secrets, patents and any other intellectual property or industrial property rights in any formula, creation, font, computer program, work, invention, discovery or process (whether registered or not).

“Applicant Materials” means in these Terms, any and all materials, whether in tangible or digital form, transmitted by the Applicants to SEV to present and submit their Project in the framework of the Contest, including, but not limited to, videos, pictures, map, schemas, designs, project description, whether or not such Applicant Materials are protected by any IPRs.

“Confidential Information” means in these Terms, without limitation, information of any kind, including but not limited to financial, commercial, industrial, strategic, operational, scientific or technical information, patentable or not, belonging to or held by one Applicant and/or SEV and which will be disclosed to the Selection Team and/or to the Applicant, in any form whatsoever and, specifically, in writing, verbally, visually, by electronic means or any tangible medium such as samples, products, etc., for the purposes of this Contest. However, information shall not be treated as Confidential Information where the recipient is able to bring written proof that this information:

— is in its possession as at the date it was disclosed; or

— is in the public domain when disclosed or falls into the public domain subsequently without the recipient being at fault; or

— was obtained from a third party which is not an Applicant, SEV and/or a member of the Selection Team, being entitled in good faith to make such a disclosure without a confidentiality obligation; or

— was disclosed to the extent required by law or regulation.

9.2. Each Applicant remains the sole owner of any and all IPRs created by it before and during the application process to participate in the Contest.

In the same way, SEV remains the sole owner of any and all of its IPRs whether created before the Contest or after it, save for the part of any content that could incorporate Winning Applicant IPRs.

Except as provided below, SEV and Applicants shall not disclose each other’s Confidential Information.

9.3. By participating in the Contest, Applicants do not assign their IPRs in the Project and/or Applicant Materials and will retain all rights in and to their Project, but each Applicant expressly authorizes SEV to promote the Contest under the conditions set forth below. Such undertakings are an essential condition of the Terms.

9.4. All Applicants grant to SEV the right to reproduce and communicate to the Selection Team the Applicant Materials related to the Project, on a strict-confidential basis, and only to the extent necessary to designate the Winning Applicant, free of charge. After the designation of the Winning Applicant, SEV will destroy the Applicant Materials of all the Applicants except the Winning Applicant. The Winning Applicant’s Materials will be destroyed after the end of the usage rights granted to SEV herein.

9.5. In consideration of the Prize, the Winning Applicant undertakes to authorize SEV and its affiliated companies (Danone group) the exclusive worldwide right to promote the Project in relation to the Contest, the brand Volvic® and the “Thirsty for Action” initiative, including by using the Winning Applicant’s Materials, under the conditions set forth below.

Exclusivity granted to SEV for such communication and promotion of the Project is for a one (year) period, following the acceptance of the Prize, during which Winning Applicant shall not make any public statement regarding the award of the Prize nor its Project without the prior written consent of SEV and therefore shall not use the Applicant Material in any public promotion or communications or authorize any third party to do so.

By way of exception, if the Winning Applicant’s Project is funded, endorsed, or more generally financially supported by a third party not affiliated with the food and beverage category, the above mentioned exclusivity for SEV to communicate and promote on the Project shall be limited to an initial period of two (2) months, following the acceptance of the Prize, after which such third party and SEV shall both be entitled to communicate on the Project, SEV being still entitled to use the Applicant Material and Image. SEV shall have the right to freely promote and communicate about the Contest and the Project of the Winning Applicant and create any communication material using part or all of the Applicant Materials, including any modified part of such Applicant Materials, as the case may be, in any other promotional / communication material created by SEV. For the avoidance of doubt, such communication right includes the right for SEV to display the image (pictures, videos), name, signature, logo or trademark, declaration, statements, quotes, etc. (altogether referenced herein as the “Image”) of the Winning Applicant, whether such Image is provided by the Winning Applicant during the application process or as it may derive from any other material sent by the Winning Applicant after the notification of the acceptance of the Prize and/or as it may derive from any video and/or photo shoot and/or interview conducted by SEV after the acceptance of the Prize by the Winning Applicant.

Consequently, SEV may reproduce and represent the above-mentioned Applicant Materials and Image on and through the following media and means, solely in connection with the Project, for a first period of 1 year following the acceptance of the Prize by the Winning Applicant:

— print media, including, but not limited to, magazine, newspapers, catalogues, posters, print advertising campaigns, internal presentation;

— out of home / digital content (OOH, DOOH, etc.) and advertising campaigns including but not limited to,

— Internet, websites, social networks, and including via paid media means / supports;

— PR and communication materials in any form, including, but not limited to, press kits and folders and any press release, presentation and events, PR gifts and accessories, etc.;

— internal communication.

— TV

— Events

— Radio

Similarly, Winning Applicant authorizes SEV to disclose its Confidential Information during this 1 year period of time and agrees that SEV shall be the sole decision-maker regarding the communication calendar.

After this 1-year period of time:

— Winning Applicant shall be entirely free to communicate on its Project and disclose Confidential Information belonging to it to any third party, including food and/or beverage companies;

— SEV shall not be obliged to delete any digital publication embodying all or part of the Applicant Material and/or Image provided such digital publication has been published before the expiry of this 1 year period of time;

— SEV may continue, for an additional period of five (5) years, on a non-exclusive basis, to use the Applicant Materials and the Image of the Winning Applicant, for internal and external communication related to retrospective about the sustainable initiatives of SEV only.

9.6. In return of the Prize, the Winning Applicant shall participate in the following media activities related to the Project, at SEV’s discretion:

Maximum 3 video and/or audio shoots;

Maximum 3 interviews;

Maximum 3 event / public appearances.

One OOH campaign

Additional media activities subject to Winning Applicants approval.

SEV will cover travel costs related to the above.

9.7. Applicant shall indemnify and hold SEV harmless from and against all claims resulting from a breach by the Winning Applicant of its obligations contained in these Terms. Additionally, Winning Applicant shall indemnify and hold SEV harmless from and against all claims and lawsuits for infringement of IPRs and/or based on parasitism, unfair competition and/or passing off, resulting from or related to the communication and/ promotion made by SEV about the Project according to the Terms. In both cases, and without prejudice to SEV right to seek for any remedies that it could be entitled to, Applicant shall bear any legal cost linked to such claims and lawsuits, including any lawyer fees.

9.8. Winning Applicant, at SEV request, undertakes to sign any iterative document to formalize above mentioned authorization.

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