Section 1: Organiser

“Startupper of the Year by TotalEnergies” Kenya - 2024 edition is a competition organised by TotalEnergies Kenya company registered under the number C. 3/89 under the Kenyan Companies Act, 2015 with its registered office located at Regal Plaza, P.O. Box 30736 – 00100 Nairobi, Kenya (hereinafter referred to as the “Organiser”). 

The TotalEnergies group is a group consisting of TotalEnergies Marketing Kenya and any legal entity: 

• which holds or would hold directly or indirectly more than fifty percent (50%) of the securities bearing immediate voting rights at ordinary meetings of TotalEnergies Marketing Kenya;
• of which more than fifty percent (50%) of the securities conferring immediate voting rights at ordinary meetings are or would be held directly or indirectly by TotalEnergies Marketing Kenya or by an entity related to it as defined in the previous point.

Section 2: The Competition

“Startupper of the Year by TotalEnergies” Kenya - 2024 edition is a national competition aimed at identifying, rewarding and supporting the best business creation projects or the best developments of innovative companies that are less than three (3) years old (hereafter referred to as the “Challenge”). The aim of this competition is to support projects that promote the development of local initiatives in the field of sustainable development in Kenya. 

This Challenge does not rely on chance to determine the finalists and winners. The Rules define the rules applicable to the Challenge (hereafter the “Rules”). The Organiser reserves the right to amend these Rules and the terms and conditions thereof at any time without notice. 

Section 3: Eligibility and participation criteria for the Challenge 

3.1 Eligibility criteria relating to the Candidate.

The Challenge is open free of charge to anyone who meets the following cumulative criteria: 

• Any natural person between the ages of eighteen (18) and thirty-five (35) on the day applications open; 
• Has a business creation project or manages a business founded within the last three (3) years; 
• Resident in the country in which the application is submitted.

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

However, the Challenge is not open: 

• to employees of the TotalEnergies Group; 
• to people have a close relative who is an employee of the TotalEnergies Group or is deemed to be a member of the Jury or a Challenge Ambassador. 

The term “close relative” refers to any family member of a TotalEnergies employee, such as a spouse or partner, parent, child, sibling, niece or nephew, uncle or aunt, grandparent, grandchild, the spouse or partner of a family member, or any person with whom a TotalEnergies employee has a family, kinship, alliance or friendship relationship that may affect the objectivity of a professional decision. 

In the event that the Candidate knows a member of the Jury, each member must sign a declaration of confidentiality and non-collusion.  

• to the three winners from each country of the previous editions of the “Startupper of the Year by TotalEnergies” Challenge. However, other Candidates who have already competed in previous editions of the “Startupper of the Year by TotalEnergies” Challenge in Kenya and who were not winners may compete again in the Challenge. 

The Organiser will consider any application that falls under these exclusions to be null and void. 

3.2 Eligibility criteria relating to the Project

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

• EITHER: it must be a Business Creation Project intended to be established in Kenya and to be implemented within a maximum period of six (6) months from the winner(s) being chosen, which period may be extended at the Organiser’s discretion in view of the constraints existing in that country, 
• OR the business must have been in existence in Kenya for less than three years. The Creation Date is the registration date of the company.  

3.3 Candidate's commitment 

The Candidate undertakes to provide all the required supporting documents and to accept expressly and without reservation all the clauses of these Rules and to observe the laws, regulations and legal obligations applicable to the Challenge in the country where the application is submitted.

This Challenge is conducted simultaneously and independently in different countries. 

A Candidate can only compete in one challenge and can only submit one project. If a Candidate participates simultaneously in several challenges or involving several projects, the Organiser reserves the right to consider the application null and void and to cancel the Candidate's participation in all the challenges in which they have participated. 

The Challenge Organiser reserves the right to carry out all necessary checks regarding the application’s compliance with the eligibility criteria. Any entry based on erroneous, inaccurate, incomplete or fraudulent information will be disregarded and will automatically result in the entry being invalid, without any compensation or recourse on the part of the person who submitted the entry.

Section 4: Submission of applications

4.1 Application period

The application period is from April 30th 2024 at 12H00 pm GMT+3 to June the 18th at 11H59 pm GMT+3. Any entry submitted after the entry deadline will be considered invalid and will not be taken into account.

This application can be made via the online platform accessible at the web address https://startupper.totalenergies.com (hereinafter the “Site”). In countries where access to the Internet is deemed to be limited, TotalEnergies Kenya reserves the right to make computers available on a self-service basis without this being considered an advantage for those who use them. These applications will be submitted in the same way via the Site and will then follow the same selection process as the other applications.

Please note that taking part in the Challenge by submitting an application implies the acceptance of these Rules in their entirety and without reservation.

4.2 Registration of the Candidate and creating the application 

It is necessary to register on the website to be able to submit your application. 

When registering, the Candidate needs to indicate their first name, surname and e-mail address. They must also accept the General Terms and Conditions of Use of the Site and TotalEnergies Kenya's Data Privacy Policy. These actions will enable the automatic creation of the Candidate’s account; they will be notified of this by e-mail. 

The Candidate may unsubscribe at any time from the Challenge Website using the “Settings” section of their account; they will then receive an e-mail confirming deletion of their account. The Candidate may also delete their application if they so wish, from their “Entry” space by clicking on the “Delete my entry” button. A message will be displayed in this space to confirm deletion of the application; no confirmation e-mail will be sent.

In order to create the application, the Candidate must answer a weighted questionnaire and provide the requested information and documents, including proof of address, ID, company registration certificate if available, and cell phone number. All fields marked as mandatory must be completed for the application to be considered. If the Candidate does not have all the elements available to create their application, they can log back into their “Entry” space until the application deadline to complete or modify it. 

The Candidate will be informed of the stages of the Challenge by e-mail. 

Section 5: How the Challenge works

5.1 Step 1 – File Moderation 

Once the Candidate's file has been submitted in accordance with article 4 above, a moderation phase precedes the publication of a short summary of the Candidates' files on the Site. During this phase, the Organizer reserves the right to exclude from the selection procedure any application that is incomplete or incompatible with the Rules and the TotalEnergies Code of Ethics (https://www.totalenergiescom/fr/groupe/ethique/notre-engagement-pour-une-conduite-exemplaire ). 

This moderation will also be based on the criteria for participation in the Challenge set out in these Rules. 

5.2 Selection of applications

5.2.1 Criteria for the selection of applications

Each application shall be evaluated according to the following four (4) criteria:

• Sustainable Development

Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

The project may refer in particular to one or more of the seventeen (17) Sustainable Development Goals as ratified by the United Nations on 2 August 2015.  The Candidate will explain how their project contributes to one or more of these objectives.

• Innovative Character

Innovative character, i.e., providing new and/or technological solutions (but not only) to difficulties encountered in the country. Innovation is not necessarily synonymous with a revolution, it can be incremental, i.e., improving what already exists, or radical, i.e., transforming in depth. This innovative character may also concern the way in which the start-up or future start-up acts, i.e., the proposed governance, new forms of organisation, etc.

• Feasibility and development potential

The Challenge wishes to support all structures from business creation projects to start-ups under three (3) years old. It is important for the Organiser that start-up projects, as well as start-ups under three (3) years old, can develop. In the case of a business creation project, a precise description of the first actions to be taken will make it possible to evaluate the feasibility of the idea and to define the “minimum viable product”. In the case of a start-up less than three (3) years old, it is the development potential, the capacity of the start-up to move into a growth phase that will be observed. 

• Principle of equality between Man / Female 

The Challenge will pay particular attention to the principle of equality between men and women in the scoring of entries. The importance of this principle will be studied through the role of the startup or project, in the purpose of its activity or in the way it is organized to contribute to gender equality and women's empowerment.

5.2.2 Step 2 – Public Vote

5.2.2.1 Applications that are complete and meet the eligibility criteria will then be publicly accessible on the Site and submitted to the public vote ("Share for Likes").  Each Project must include on its page a short description filled in by the Applicant in the language of application.

5.2.2.2 To enable the public to vote: 

• The Organizer will send the Candidate by e-mail a post containing a link to the description of his/her Project in the "Share for Likes" module of the TotalEnergies Marketing Challenge Site Kenya (the "Link"). The Candidate may, if he/she wishes, promote this post on his/her social networks.

• Followers of the Candidate (i.e. users who subscribe to the news feed(s) of the Candidate's social account(s) - Facebook, Twitter, LinkedIn, Instagram, Tik Tok ...) or any other person wishing to support the Candidate must, in order to vote, click on the Link to the Project description in the "Share for Likes" module of the TotalEnergies Marketing Challenge Site Kenya and click on the "Like" icon to vote for the Project. 

• Before being able to support the Project in question, persons wishing to vote must register on the Site by entering their surname, first name and e-mail address and by accepting the Site's General Terms and Conditions of Use and TotalEnergies Marketing Kenya's personal data charter. A follower or visitor may not link more than three (3) Projects.

The Candidate may promote his/her Project as he/she sees fit, to maximize his/her chances of "Likes" in the Challenge module in Kenya. However, the Organizer accepts no responsibility the way the Candidate viralizes his/her Project. Furthermore, if the Candidate were to get his/her followers or Internet users to click on his/her own internal posts on his/her social networks, and not on the Site's "Share for Likes" module, the Organizer would not be able to add these Likes to the overall score, nor explain their origin, and they would therefore have no value in the "Share for Likes" or overall score count. Only votes cast on the Participant's Project Link will be considered.

5.2.2.3 The "Share for Likes" public vote will last two (2) weeks or fourteen (14) calendar days from the date of publication of the Project, July 10, 2024. The score obtained will enable the Organizer to assess the interest of the Project for the public. It will be taken into account in the overall evaluation of the entries.

5.2.2.4 At the end of the period referred to in article 5.2.4, the number of Likes per Project in the Site's "Share for Likes" module will be converted into a score. Entries will then be given an overall score that takes into account the "Share for Likes" score, compliance with eligibility criteria and an initial assessment of the criteria listed in article 5.2.1 above. 

This first phase will enable the selection of the country's top one hundred (100) submissions. 

Following this first selection phase, Candidates will be informed by e-mail whether or not they have been selected.

5.2.3 Step 3 - Selection of the Top 15

5.2.3.1 During this phase, the Organizer will have each of the top one hundred (100) projects reviewed by entrepreneurship professionals and members of the Challenge organization. These entries will include both business creation projects and start-ups less than three (3) years old. 

If fewer than one hundred (100) applications are received during the application period, all applications will be considered.

5.2.3.2 This second phase will allow the selection of the fifteen (15) best applications in the country, which will be the finalists in the Challenge. The jury will select the Top 15 based on compliance with the criteria set out in article 5.2.1. The list of the Top 15 will be communicated to each of them individually by e-mail. This list of finalists will also be available on the Site following the end of the second selection phase. 

5.2.3.3 Following the publication of the results, the fifteen (15) selected Candidates will have a period of seven (7) calendar days to formally confirm to the Organiser whether they wish to continue in the Challenge. Should they fail to do so, the Organizer reserves the right to disqualify the failing Candidate and appoint a new finalist. 

5.2.4 Step 4: Selection of Local Winners

5.2.4.1 Following confirmation that their application has been accepted, the Organizer will send the TOP 15 a calendar by e-mail. This schedule will indicate the dates of the following two (2) meetings:

- The coaching/preparation meeting before the final phase jury; and

- The presentation to the final phase jury.

The coaching meeting and the oral presentation will take place at least seven (7) calendar days after the announcement of the pre-selection results.

5.2.4.2 The Top 15 finalists will be invited to make an oral presentation of their project to a local jury. Each member of the Top 15 will be required to make a ten (10)-minute presentation in front of the jury, using a presentation based on the model defined by the Organizer, which may be supplemented by other media, the list of which will be communicated to the finalists. This presentation will be followed by a question-and-answer session of ten (10) minutes maximum. The jury reserves the right to ultimately select only those applications it considers to be deserving, based on the selection criteria defined in 5.2.1.

5.4.2.3 During this phase, the local jury will select:

- A winner for the "Best Entrepreneur" award in the Innov'Up category;

- A winner for the "Circular Economy" award in the Cycle'Up category;

- A winner and runner-up for the "Sustainable and Affordable Energy" award in the Power'Up category.

5.4.2.4 At the end of this phase, the Projects of the winners ranked first in each participating country in the "Sustainable and Affordable Energy" category will be examined by a pan-African jury. This Pan-African jury will select four (4) winners, who will then be designated "Pan-African Grand Prize Winners" of the Sustainable and Affordable Energy Awards.

In each of the four countries of the "Pan-African Grand Prize Winners", the Participant who came second in the "Sustainable and Affordable Energies" prize, i.e. the runner-up, will be designated winner of the "Sustainable and Affordable Energies" prize in his/her country.

Winners of the "Sustainable and Affordable Energies" prize who have not been designated "Pan-African Grand Prize Winners" will remain winners of the "Sustainable and Affordable Energies" prize in their country.

5.2.4.5 A total of one hundred (100) winners will be chosen: three (3) winners in each of the 32 participating countries and four (4) Pan-African Grand Prize Winners for "Sustainable and Affordable Energy".

5.2.4.6 The jury's decision is final and cannot be contested.

5.2.5 The three (3) awards

5.2.5.1 The “Best Entrepreneur” award in the Innov’Up category

This award is open to all Candidates with a business project or startup less than three (3) years old. The jury will reward the Candidate it considers to be the best entrepreneur. It will pay particular attention to the Candidates track record (values, commitment to the project, resilience, etc.). 

The jury will apply the criteria described in 5.2.1 to make its choice.

5.2.3.2 The “Circular Economy” award in the Cycle’Up category

This award is open to all Candidates with a business project or startup less than three (3) years old.

The jury will reward the Candidate it considers having a project that respects the principle of the circular economy. In other words, projects that aim to produce goods and services in a sustainable way by limiting the consumption and wastage of resources as well as the production of waste. The aim is to move from a linear economy (extract, manufacture, consume, throw away) to a circular economic model (reduce, reuse, recycle, etc.). Circular flows can be materials obtained from waster (“technical” cycle) or bio sourced materials (“biological” or “carbon” cycle).

The jury will apply the criteria described in 5.2.1 to make its choice.

5.2.3.3 The “Sustainable and Affordable Energy” award in the Power’Up category

This award is open to all Candidates with a business project or startup less than three (3) years old. The jury will reward those whose project aims to promote, create, produce or use sustainable and affordable energies. 

By Sustainable Energy, the Organizer means low-carbon energies and/or energies replacing other more polluting energies or having an impact on the environment and/or the health of the population.

By Affordable Energy, the Organizer means energy that provides immediate access to energy and/or a solution that meets the needs of the population at a given time. 

The jury will apply the criteria described in 5.2.1 to make its choice.

5.3. Awards for the three (3) winners of the Challenge

5.3.1 Financial prize

5.3.1.1 Amount of the prize

The Organiser will present the following prizes: 

• For the winner of the “Innov’Up” award: the sum of [ Kshs 1,650,000] 
• For the winner of the “Cycle’Up” award the sum of [Kshs 1,650,000] 
• For the winner of the “Power’Up” award: the sum of [Kshs 1,650,000]  
• If applicable, for the Pan-African "Sustainable and Affordable Energy" Laureate having applied in Kenya: an amount of [Kshs 1,650,000].  

5.3.1.2 Conditions for the payment of the financial prize to the winners

This budget is intended exclusively for each winner and will be paid out as follows:

• For prize-winners participating with a business project, the budget will be paid in two instalments: one third (1/3) at the end of the personalized support described in article 5.3.2, and the remaining two thirds (2/3) once the company has actually been created, within a maximum period of six (6) months. Should the company not be created, for whatever reason, the Organizer reserves the right not to pay out the balance of the prize.

• For winners who have entered with a startup less than three (3) years old, the budget will be paid on completion of the personalized support described in article 5.3.2. 

The Organizer will implement a communication campaign aimed at raising the winner's profile in his or her country. This communication may take the form of a posting on the TotalEnergies Kenya website, or a local media plan. The Organizer reserves the right to define the level of commitment of this communication and visibility according to the resources available in the subsidiary, without any recourse being possible on the part of the winners.

Endowments may not be exchanged for other endowments, for their cash value or for currency of any kind and for any reason whatsoever. 

The person submitting the application must be the creator of the startup less than 3 years old. In the case of a project idea, this person must be the one who will develop the business project. 

The endowment will be paid to this person at the end of the above-mentioned procedure, on condition that the Candidate, creator of the company/project, is still in employment.

5.3.2 Personalised support 

Each winner will receive personalised support (coaching) to help them found and/or develop their business. The content and duration of this support will be adapted based on the stage of development of the project and within the limit of 20 hours over 6 months identified by the jury during the selection process. This support will be implemented and completed by [30th June 2025].

5.3.3 Decision not to present awards

For the one hundred (100) awards referred to in 5.2.4.5, the Organiser reserves the right not to award any of the prizes if none of the entries meet the eligibility or quality criteria defined in 5.3.1.2.

Under no circumstances may the prizes be exchanged for other prizes, for their cash value or for currency of any kind and for any reason whatsoever.

The prizes are personal, non-transferable and may not be contested by the Candidate.

The Organizer reserves the right not to pay prizes to Projects that violate the TotalEnergies code of conduct: Éthique : notre engagement pour une conduite exemplaire | TotalEnergies.com

5.3.4 Communication of the final result

The final selection phase will be completed at the latest during the week of October 14th, 2024. The results will be announced at the least on the Site. The Organiser reserves the right to communicate the results by any means at its disposal (press, website, media plan). The winners will also be notified individually by e-mail.

TotalEnergies Marketing Kenya may organize an official ceremony to announce the results and award the prizes at a later date to be specified to the participants.

5.3.5 Travel

The Organizer reserves the right to invite the ninety-six (96) National Winners and the four (4) Pan-African Grand Winners of  Kenya "Sustainable and Affordable Energy" Prize to a celebratory event bringing together the winners of the Startupper of the Year challenges organized in 2024, at a location, on a date and according to modalities to be specified at a later date by email to the winners.

Section 6: Personal data

6.1 Purposes of processing

In the context of participation in the Challenge, and in accordance with applicable regulations, the Organizer, as data controller, processes the Candidate's personal data (surname, first name, telephone number, e-mail address, identity card, etc.) for the purposes of managing participation in the Challenge and the Candidates' files, as well as monitoring the development of the Candidates' career paths, on the basis of the execution of these Rules. The Organizer may also process Candidate data for commercial prospecting purposes, on the basis of Candidate consent. 

If a Candidate refuses to have his/her personal data processed, he/she will not be able to take part in the Challenge, as it will not be possible to identify him/her.

6.2 Data recipients

In addition to the Organiser, personal data collected from Candidates may be passed on to its affiliated companies. “Affiliated companies” means the parent company TotalEnergies Kenya and any legal entity:

• 1/ which holds or would hold directly or indirectly more than 50% of the securities carrying immediate voting rights at ordinary meetings of TotalEnergies Kenya;
• 2/ of which more than 50% of the securities conferring immediate voting rights at ordinary meetings are or would be held directly or indirectly by TotalEnergies Kenya or by an entity related to it as defined in point 1/ above.

Personal data may also be communicated to jurors, partners, consultants, service providers and subcontractors acting on behalf of the Organiser and solely for the execution of their missions carried out as part of this Challenge. 

The Organiser may pass on the personal information collected if it receives a request from a judicial authority or any administrative authority authorised by law to communicate this information in accordance with the legal provisions in force in the country where the application has been submitted.

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

6.3 Data security and privacy

The organiser shall implement appropriate measures to preserve the security and privacy of personal data and, in particular, to prevent it from being corrupted, damaged or accessed by unauthorised parties.

6.4 Data retention period

Personal data will be kept by the Organizer for as long as is necessary for the purpose of processing, and for no longer than three (3) years for the winners of the present Challenge and for unsuccessful Candidates. During this period, the Organizer may contact Candidates again for the purposes of a new challenge.

The identity documents collected will be deleted when the Candidate is eliminated from the Challenge or at the end of the Challenge for prize-winners. 

6.5 Candidates’ rights

Candidates have the right to access, rectify and delete their data. Candidates may also request restrictions on the processing of their data and/or request the deletion of their data. Candidates have the right to withdraw their consent to the processing of the data at any time. Candidates may obtain their data in an accessible form. The Organiser reserves the right to refuse any data request that is considered abusive or repetitive. The Candidate may lodge a complaint with the competent supervisory authority for the protection of personal data at any time.

If the Candidate wishes to exercise their rights or obtain information about the processing of their personal data, they should send their request to the following address: [ke-startupperchallenge@totalenergies.com ]. 

Section 7: Communication and image rights

The Candidate authorises TotalEnergies Kenya and/or its affiliates to use, reproduce, represent and publish all information and images concerning them in the context of the Challenge's communication and information activities, on all types of media, in all countries, without being able to claim any right whatsoever or any compensation whatsoever for a period of twenty (20) years from the date of submission of their application.

The reproduction, representation or use of all or part of the elements relating to the Challenge and the TotalEnergies Group (photos, videos, names, logos, brands, etc.) by the Candidate without prior authorisation from the Organiser is strictly prohibited.

Section 8: Intellectual Property 

The Candidate certifies that they are the author of the Project and that they own all the rights relating to it. The Candidate thus certifies that their project does not or will not violate the intellectual property rights of any other party, and respects any legislation in force in the country where they have submitted the application. The Candidate indemnifies and holds the Organiser harmless against the consequences of any claim or legal action brought by a third party as a result of the infringement of that third party’s rights.

The Organiser acknowledges and undertakes not to hold or claim any intellectual property rights over the Projects submitted by the Candidates other than those strictly necessary for the implementation of the Challenge. It is therefore accepted that initially the Organiser may, free of charge, use and reproduce all or part of the candidate’s Project for the purposes of the Challenge, as soon as the application has been submitted.

It is accepted that in a second phase, the Organiser may, free of charge, in accordance with article 7, use and reproduce all or part of the Candidate’s Project for any communication or information action, on all types of media, in all countries, for a period of twenty (20) years from the date the finalists are decided, unless there is a prior express agreement to the contrary agreed in writing with the finalist.

Section 9: Confidentiality 

9.1 Definition

For the purposes of this clause, “Confidential Information” means all material or immaterial information of any kind whatsoever which has been, is being or will be communicated by the Organiser to the Candidate, or to which the Candidate has had, has or will have access as part of the Challenge, directly or indirectly, and non-exhaustively by word of mouth, in writing, or whichever medium, or by the submission of paper or electronic documents. The following does not constitute Confidential Information: 

(i) information that is currently or becomes publicly available without breach 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 any purpose other than participating in the Challenge and not to disclose it to any other person by any means whatsoever.

9.2 Disclosure

 The Organiser undertakes not to disclose any information and in particular the documents sent by the Candidate when submitting their application, with the exception of sending to third parties who need to know this information for the sole purpose of the Challenge. 

Once the finalists have been designated, the Organiser is expressly authorised to disclose all or part of the elements of the finalists’ CV and Project within the framework of communication or information actions, unless there is a prior express agreement to the contrary agreed in writing with the finalist.

Section 10: Liability

10.1 Liability of the Organiser 

The Organiser cannot be held liable in any way if the entries do not reach it for any reason for which it cannot be held responsible, in particular in the event of Internet connection difficulties, or if the entries reach it in an illegible or non-processable format. Connection costs remain the sole responsibility of the Candidate. 

Furthermore, the Organiser cannot be held liable for any damage, direct or indirect, in connection with the prizes or the running of the Challenge. The results of the Challenge, including all results from the pre-selection to the final, cannot be contested.

It is accepted that the Organiser is organising the Challenge in its own name and on its own behalf in Kenya. No related company could be held liable in this respect.

The Organiser reserves the right, at any time and without needing to justify it, to suspend the Challenge, to extend it, to shorten it, to modify it or to cancel it without being held liable. Therefore, the Organiser cannot be held liable for any changes to the schedule.

The Candidate is invited to regularly check the Rules, the Website and the e-mail address they provided for contact when submitting their application. The Candidate expressly waives any claim or challenge relating to any changes made to the Rules by the Organiser.

10.2 Acceptance of the rules

By accepting these Rules and submitting their application, the Candidate is aware of the limits of the Internet in terms of security, and in particular of the fact that data transmissions on the Internet are only relatively reliable.

The Organiser will make every effort to effectively protect each Candidate's data and to prevent any security incident that may nevertheless occur due to a malicious third party.

Candidates undertake not to communicate their log-in details to third parties and acknowledge that they are responsible for keeping their own files locally on their own storage media.

In this respect, the Organiser cannot be held liable under any circumstances.

Section 11: Checking the Rules

The Rules are freely available online at https://startupper.totalenergies.com.

Section 12: Ethics, Compliance, Anti-corruption 

The Organiser restates its commitment to observe the rules on the fight against corruption, fraud and infringements of competition law and expects each Candidate, jury member, sponsor and professional to respect this same commitment.

12.1 Conflicts of interest

Each Candidate, member of the jury, sponsor and professional undertakes to declare any potential conflict of interest that may arise from their participation in the Challenge, i.e., the existence of any family or professional ties, in order to avoid the risk of their candidature being called into question by other Candidates or third parties.

12.2 Obtaining advantages

Each Candidate, jury member, sponsor and professional certifies that, in connection with this Challenge, neither they nor, to their knowledge, any person acting on their behalf, has made or offered, and will not make or offer, any payment, gift, promise or other benefit, whether directly or through intermediaries, for the use or benefit of any person, whether a Public Official or not (the “Beneficiary”), where such payment, gift, promise or advantage is or will be intended (i) to influence an act or decision of the Beneficiary (ii) to induce the Beneficiary to perform or refrain from performing an act in breach of his legal obligations; (iii) to obtain an undue advantage; or (iv) to induce the Beneficiary to use their influence in order to obtain an act or influence a decision of a public service, any public authority or a public undertaking. 

Section 13: Compliance with international economic sanctions

These Regulations shall be performed by the parties in accordance with the laws and regulations relating to economic sanctions and export controls applicable to the parties.

Neither party shall be obligated to perform its obligations due under the Regulations if such performance constitutes or could constitute a violation of or be inconsistent with, or expose such party (hereinafter the "Affected Party") to condemnations under any laws or regulations relating to economic sanctions and export controls applicable to the parties. If this is the case, the Affected Party must as soon as possible notify the other party in writing of its inability to implement the Regulations.

Once such notification has been given, the Affected Party may then (i) suspend performance of its obligations under the Affected Settlement until such time as it is able to lawfully perform its obligations, or (ii) terminate the Settlement where the Affected Party is unable to lawfully perform its obligations, without the other party being able to avail itself of any rights of set-off provided for under this Settlement. 

Section 14: Languages of the Challenge 

The application, including attachments, must be submitted in English. 

The defence before the jury will be held in English.

Failure to observe the language requirements will result in disqualification from the Challenge.

Section 15: Evidence convention

Proof of any act, and in particular the acceptance of these Rules by the Candidate, fact or omission, may be provided by means of programmes, data, files, recordings, operations and other elements in a computer or electronic format or medium, drawn up, received or stored directly or indirectly by the Organiser, particularly in its information systems. The Candidate undertakes not to contest the admissibility, validity or evidential value of the above-mentioned elements in computer or electronic format or medium, on the basis of any legal provision whatsoever. Thus, the elements in question constitute evidence and, if they are produced as means of proof in any litigation or other procedure, they will be admissible, valid and opposable between the parties in the same way, under the same conditions and with the same probative force as any document which would be established, received or kept in writing.

Section 16: Complaints

Any complaint relating to the application of these Rules or their interpretation must be sent by e-mail to ke-startupperchallenge@totalenergies.com.

However, the Organiser reserves the right not to deal with any complaints that it considers irrelevant.

Section 17: Independence 

Registration and participation in the Challenge does not in any way create a relationship of subordination between the Organiser and the Candidate.

Section 18: Invalidity

The invalidity of one or more articles of these Rules, for whatever reason, shall not affect the validity of the other clauses.

Section 19: Applicable law - Disputes

Only the English version of these Rules is in effect and prevails over any other translated versions.

These Rules shall be governed exclusively by Kenyan law to the exclusion of the principles of conflict of laws. 

In the event of failure to reach an amicable settlement, any dispute arising in connection with the Rules or the Challenge shall be submitted to the competent courts of competent jurisdiction of Kenya, based on the nature of the dispute.