Terms & Conditions
NX-Food Startup Shelf Program
These Terms and Conditions govern submissions to the NX-Food Startup Shelf Program. By making any submission to the Program, you agree that you will be legally bound by these Terms and Conditions.
The promoter of the Startup Shelf Program is Hospitality Digital GmbH (hereinafter referred to as “H.d”) with its offices at METRO-Str. 8, 40235 Düsseldorf, Germany. Hospitality Digital GmbH is a subsidiary of METRO AG in Düsseldorf.
1. What do we regulate with this T&Cs?
NX-Food website and Startup Shelf Program are targeting entrepreneurs and startups and are open to individuals aged 18 or above at the date of entry as well as companies that have been operating for no longer than 3 years (“Applicant”).
The application to the Program is conditioned upon the Applicant’s agreement to these terms and conditions (“Terms and Conditions”). By participating, each Applicant agrees to abide by these Terms & Conditions and the subsequent decision of the Jury (as defined below), which shall be final and binding in all respects relating to the Program.
2. What is NX-Food Startup Shelf Program about?
NX-Food Startup Shelf Program offers Applicants an opportunity to get a 3-month test listing on the Startup Shelves at selected Real, METRO Germany and METRO Austria stores as well as in the board retail magazine of Eurowings airlines to validate their products in the real market environment.
The purpose of the Program is to help entrepreneurs and startups evolve from a proof of concept to a proof of market and provide METRO customers with innovative products.
The particular areas of interest with regards to the Program include, but are not limited to the following categories:
Super Food, Slow Food, New Classics, Nose To Tail Eating, Cradle To Cradle, Local & Seasonal Food, DIY Food, Fast Casual, Spiritual Food, Curated Food, Molecular Cooking, Cultured Meat & Fish, Dairy-Free Milk & Cheese, Flavour Substitutes, Egg Substitutes, Animal-Free Gelatin, Meat Substitutes, Liquid Meals, Hybrid Food, Functional Food, Sugar-Free Food, Alternative Protein Sources.
An independent Jury for each sales channel (Real, METRO Germany, METRO Austria and Eurowings) together with the representatives from NX-Food, store sales lines and category management, reviews all the applications to select eight Applicants that will participate in the Pitching Day.
Selected eight Applicants will be invited to meet with representatives from the Jury either over video chat or in person in order to make a presentation to the Jury, with reasonable expenses being met by the startups. As a result of the Pitching Day, Successful Applicants will be offered a 3-month test-listing oppportunity on NX-Food Startup Shelves.
Decisions of the Jury are final and are made in absolute and sole discretion. NX-Food and partner stores reserve the right to not list any products in case all the applications are found unsuitable.
No details of the deliberations on individual applications will be revealed to Applicants or shared publicly.
3. How do I apply?
Applications to the Startup Shelf Program can only be made by filling out the application form at https://nx-food.com/
Once an application has been submitted, it cannot be modified in any way and H.d 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 Applicants in relation to their application, save as described above in relation to Successful Applicants. All related costs/time off will be at the sole and absolute responsibility of the Applicant.
Applicant represents and warrants that:
(i) They have the right to submit the application;
(ii) All information provided as part of the application is true, complete and not misleading;
(iii) They have read, understood and agreed to these Terms.
Applicant will retain all rights in and to Product, including, without limitation, all intellectual property rights; however, Applicant must not disclose any confidential information or a trade secret of the Applicant or any third party. All information disclosed by Applicant will be treated as non-confidential by H.d unless explicitly marked as “confidential”.
Applicant must declare any conflict of interest (whether actual or potential), such as existing investment from the companies which compete with any of the METRO businesses or presence on the management board of individuals who may have such a conflict.
Applicant acknowledges and agrees that:
(i) H.d has wide access to ideas, designs, protocols, methodologies and ideas for products, and that new ideas for products are constantly being submitted to it or being developed by its own employees;
(ii) Many of those products may be competitive with, similar to, or identical to Applicant’s Product;
(iii) H.d and METRO will not refrain from developing or authorizing another company to develop any products, concepts, systems or techniques that may be similar to Applicant’s Product always in line with existing laws, trademarks or other protected IPs of the Applicant;
(iv) Applicant will not be entitled to any compensation as a result of the introduction by any company in the METRO of any similar product that has or may come to any such company from other sources or is developed by METRO itself or any of its affiliated companies.
4. Am I a winner?
Successful Applicants will be notified by email and/or telephone and will have seventy-two (72) hours to respond to notification. Successful Applicants will be required to execute and return a legally binding acceptance of the terms of any grant within seven (7) days since the date of notification.
If such acceptance is not returned within the indicated time period, a notification is returned as undeliverable, or a Successful Applicant is found to be not in compliance with these Terms, they may be disqualified.
Successful Applicants may not make any public statement regarding the award of a grant without the prior written consent of H.d, not to be unreasonably withheld or delayed and may be required to take part in public activities in relation to the Program, including (without limitation) publication of their name and image along with non-confidential details of their entry via the Program Website, social media and other press and media channels. No additional remuneration will be given for this.
Applicant agrees to release, indemnify, and hold harmless H.d, METRO AG, affiliates, subsidiaries and promotion agencies, as well as the respective officers, directors, shareholders, employees, agents and representatives of the foregoing 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 Program save where such liability, loss, damage, claim or expense arises as a result of the gross negligence or willful default of H.d.
6. 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 Program or who are in violation of these Terms, as solely determined by H.d, will be disqualified.
H.d reserves the right at its sole discretion to suspend, modify or terminate the Program.
A fail by H.d to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any Applicant, nor shall it be deemed to be a waiver of any of H.d’s rights in relation to the same.
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, H.d hereby excludes and shall not have any liability to any Applicant in connection with or arising out of the Program 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 H.d’s liability for personal injury or death caused by its negligence.
In the event that any provision of these Terms and Conditions 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 and Conditions shall be construed in accordance with the laws of Germany. Place of jurisdiction shall be Düsseldorf.
7. Right of usage of images
The Applicant grants the above mentioned companies the free and exclusive right to use their brand, logo and image material in context of the NX-Food Startup Shelf Program. The granted right of usage includes product-related advertising as well as promotion of the NX-Food Startup Shelf Program with image materials. The Applicant guarantees that the material provided is free of rights.