NX FOOD PROGRAM | TERMS & CONDITIONS
These Terms and Conditions govern submissions to the NX FOOD 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 Program is HoReCa.digital GmbH (hereinafter referred to as “H.d”), with its offices at METRO-Str. 8, 40235 Düsseldorf, Germany. HoReCa.digital is a subsidiary of METRO AG in Düsseldorf.
1. What do we regulate with this T&Cs?
NX Food website and program are targeted at entrepreneurs/ start-ups and is open to individuals aged 18 or over at the date of entry and from companies whose business is no older than 3 years (“Applicant”).
2. What is NX FOOD PROGRAM about?
NX FOOD Program offers Applicants the opportunity to get a 3-month test listing in our startup shelves at real,- and METRO Cash & Carry Germany (“MCCD”) to validate their products in the market.The purpose of the Program is to help entrepreneurs/ startups evolve from a proof-of-concept to a proof-of-market and provide METRO´s customers with innovative products.
H.d´s particular areas of interest with regards to the Program are based but not limited on the following criteria:
Super Food, Slow Food, Homekitchen, New Classics, Nose To Tail Eating, Cradle To Cradle, Local & Seasonal Food, Diy Food, Fast Casual, Infinite Food, Spiritual Food, Curated Food, Molecular Cooking, Cultured Meat & Fish, Dairy-Free Milk & Cheese, Gluten Fee Baked Eggs, Flavoring Substitutes, Egg Substitutes, Animal Free Gelatin, Meat Substitutes, Liquid Meals, Hybrid Food, Funcional Food, Sugar Free, Alternative Protein, Handcrafted Food, Food Substitutes.
An independent Jury for each channel (real,- & MCCD) with representatives from H.d, real,- and MCCD, will review all applications to select the final Applicants who will receive a 3-month test-listing in our startup shelves.
The final Applicants will be invited to meet with representatives from the selection team either virtually or in person in order to make a presentation to the Selection Team, with reasonable expenses being met by the startups.
Decisions of the Selection Team are final and may be made in its absolute and sole discretion. H.d reserves the right to not list any products in the startup shelves, if it does not receive any suitable applications.
No details of the deliberations on individual applications will be revealed to Applicants or the public.
3. How do I apply?
Applications to the Program can only be made by completion of the application form at www.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) he/she has the right to submit the application, (ii) all information provided as part of the application is true, complete and not misleading, and (iii) he/she has read, understands and agrees to these Terms.
Applicant will retain all rights in and to Product, including, without limitation, all intellectual property rights; however, Applicant must not and agrees not to disclose any information confidential to 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 if not explicitly marked as “confidential”.
Applicant must declare any conflict of interest (whether actual or potential), such as existing investment by 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 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; and (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?
Potential 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 of date of notification. 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, he/she 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 publicity 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 payment will be given for this.
Applicant agrees to release, indemnify, and hold harmless H.d, METRO AG, affiliates, subsidiaries, and advertising and promotion agencies, and 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.