“BOXY BAG Competition Game” Rules
Article 1 – The Game
ZV France (hereinafter, the “Organiser” or “Zadig et Voltaire”), a French “société par actions simplifiée” (type of limited company with reduced reporting requirements) with capital of € 191,118.33, whose registered office is located at 11 Avenue d’Iéna, 75116 Paris , recorded on the Trade and Companies Register ("RCS") with number 413 484 981,
Represented for the purposes hereof by Thiery Gillier, in his capacity as Chief Executive Officer, is organising a competition* (hereinafter, the “Game”) from 31st March,2017 at midnight (Paris time) until 9th April 2017 at 23.59 p.m. (Paris time) (hereinafter, the “Game Period”) on Instagram and Facebook.
* The game is free; no purchase is required to enter
Article 2 — Participation
Anyone who participates in the Game states that she/he agrees wholly and fully to these rules, in all its provisions, to the ethics rules in effect on the internet, and to the laws and regulations that apply to free games.
2.1 Condition for participation
This Game is open to any individual defined as an adult in his/her country of residence, living in continental France (including Corsica) and in the following countries: Spain, Italy, Belgium, Denmark, (hereinafter, the “Territory”) with the exception of the members of the staff of the organisers of the Game, and of any person that has taken part directly or indirectly in organising and creating it, as well as their spouses and family members: in the ascending and descending lines (hereinafter, the “Participant(s)”).
When the winner is selected, the Organiser reserves the right to ask any Participant to provide evidence of these conditions. Any person who does not fulfil these conditions or who refuses to provide evidence of them will be excluded from the Game and will not be able to receive the prize in the case he/she wins.
Similarly, any false declaration, or false statement of identity or address will cause the immediate elimination of the Participant. In this connection, the Participants authorise any checks concerning their identity, age or the honesty of their participation.
Participation requires prior access to the Internet, a valid e-mail address, and an Instagram or Facebook account (see the registration and usage conditions of Instagram and Facebook on www.instagram.com and www.facebook.com ).
To take part in the random drawing, the Participant shall:
- Log into her/his Facebook or Instagram accounts
- Fill the participation form available on Facebook or Instagram stating his/her last name, first name, email address, gender and country of residence.
Participation will be accepted once the Participant presses “send” on the form. Entries will be accepted continuously throughout the Game Period, and evidence of the entry will be the time of receipt of the registration of the entry on the IT server dedicated to the Game and hosted at the service provider selected by the Organiser.
The only way to participate in the Game is to fill out the web entry form. In this connection, any incomplete or incorrect form, any entry by telephone, fax, postal mail or email will not be accepted.
Participation is limited to one (1) entry per person (same last name, same first name, same email address) throughout the Game Period.
Any entry that is incomplete, incorrect or that does abide by the procedures above shall not be accepted and shall therefore lead to participation being cancelled.
2.3 Validity of participation
The Organiser shall be entitled to cancel all or part of the Game if it appears that frauds have occurred in any way whatsoever, particularly involving computers, in the scope of participation in the Game. In such a case, the Organiser reserves the right not to award prizes to the fraudsters and/or to sue the perpetrators of these frauds in court.
It is explicitly agreed that the Organiser shall be entitled to make use of programs, data, files, computer entries, operations and any other factors in computer or electronic format or medium, including for the purposes of proving any breach by the Participants of the provisions of the rules.
Article 3 – Selection of the winners
The Participants who filled in the entry form properly before the end of the Game Period will be included in the random draw which will select five (5) winners, that is to say one (1) winner drawn for each country of the Territory.
The random draw will take place on 10th April 2017. The date of the random draw may be modified without notice in the event that a fraud in this Game has been identified, and then the Organiser will be required to run a new random draw.
The winner will be selected after her/his eligibility for winning the Prize has been checked. If it turns out that the winner does not meet the criteria of the rules, her/his Prize will not be awarded to her/him. In such a case, the winner will definitely loose his/her Prize and another winner will be drawn in the same conditions.
No message will be sent to the losers.
Article 4 – Prize and award of the Prize
4.1 The Prize
The winners of the Game drawn at random shall be entitled to choose one (1) Zadig et Voltaire BOXY BAG among the following colours: black, blue, yellow for a value of two hundred and eighty euros all taxes included (280 €) (hereinafter, “the Prize(s)”):
The Prizes are personal and cannot be sold or offered to third parties without the Organiser’s consent.
The winner undertakes to agree to the Prize selected as offered, without the possibility of exchanging it for cash or other goods or services of any kind whatsoever. The winner shall not be entitled to ask for any change of any kind whatsoever for any reason whatsoever.
The Prizes cannot lead to a dispute or complaint of any kind. The winner undertakes not to sue the Organiser concerning the Prizes.
The Organiser reserves the right to replace the Prizes by another prizes of equivalent value and with similar characteristics, for any reason whatsoever, and it shall not be open to law suits on this count.
4.2 Award of the Prize
The winners will be contacted personally by email as soon as possible after the draw at the email address that they provided in the entry form. The winners shall have ten (10) business days after the results are announced to claim their Prize, by sending an email address to the following address: email@example.com indicating which colour of the Prize she/he selected.
If the winner does not claim the Prize within ten (10) business days after the results are announced, it will be considered that she/he has given up the Prize and another random drawing will be held, by the Organizer in the same conditions.
The Prize will be sent to the winner by postal mail at the address indicated by the winner in his confirmation email as soon as possible after the reception of the confirmation e-mail from the winner.
Any Prize that cannot be distributed due to an error or omission in the winner’s contact details, or a change in those contact details, or in the case that the Prize is not claimed or for any other reasons attributable to the winner, will be deemed lost.
It is specified that the Organiser shall not provide any service nor warranty, since the only content of the wins is the award of the Prize selected by the winner.
Article 5 – Use of personal data
The Participants are providing to the Organiser personal data concerning them intended for the use by the Organiser for the purposes of the Game, including for organising it, processing the Participant’s entry and sending the Prize.
The personal data collected may also be used, subject to the rights of the Participants, to inform them by e-mail of the products, services and commercial offers offered by the Organizer.
The personal data provided by the Participants are collected by the Organizer. The personal data collected through the Game form may be sent to partner companies, to allow, in particular, the organization of the Game, the allocation of the Prize and in general the treatment of the uses of the personal data set forth above such as the management of marketing operations organized by the Organizer or its partners.
Pursuant to the French law of 6 January 1978 relating to data processing and freedoms, each Participant has the right to access, to correct and delete the information provided concerning him/her. In order to exercise her/his right, the Participant shall write to the following address:
Zadig et Voltaire
11 Avenue d’Iéna
In accordance with the aforementioned law on data processing and freedoms, this request for access, rectification or deletion must be made by means of a signed letter from the author from which it is issued and be accompanied by a copy of an ID of the person exercising his/her right and specifying the address of reply. The Organizer shall response to this request within two (2) months upon the receipt of the request.
Article 6 — Liability
6.1 Limitation of Liability
Participation in the Game implies that the Participant has familiarised her/himself with and agrees to the features and limits of the internet, particularly as concerns technical performance, response times to view, query and transfer data, the risks of interruption and, more generally, the risks inherent in any connection and transmission over the internet, the lack of protection of some data against potential piracy and the risks of contamination by any viruses that are roaming around on the internet.
The Organiser will not be liable in the event that the internet or applications should malfunction and prevent access to the Game or hinder its operation. In particular, the Organiser shall not be held liable for any external malevolent acts.
If the Organiser makes every effort to offer users information and/or tools that are available and verified. The Organiser shall not be able to be held liable for errors (including those of posting on the Game sites and erroneous emails), a lack of availability of information and/or the presence of viruses on the site.
Each Participant is responsible for taking all appropriate measures to protect his/her own data and/or software that are stored on his/her own telephone and computer equipment against attack. Anyone who logs onto the site and takes part in the Game does so at his/her own liability.
Furthermore, the Organiser is not liable in the case of:
- Telephone connection issues,
- Hardware or software issues,
- The destruction of information supplied by Participants for a reason that is not attributable to the Organiser,
- Human error or electricity-related faults,
- Disturbances that might affect the operation of the Game and any malfunctioning of the automated random drawing process.
In all circumstances, if the proper administrative and/or technical running of the Game is disturbed by a cause that is not within the power of the Organiser, the Organiser reserves the right to suspend the Game.
The Game is not associated, or managed or sponsored by Facebook or Instagram. The Organizer releases Facebook and Instagram from all responsibility for all the elements related to the Game, its organization, its promotion and the designation of the winners and the allocation of the Prize
Article 7 – Access of the rules and amendments to the rules
Throughout the Game Period, these complete rules are available on the Organiser’s website at:
- http://www.zadig-et-voltaire.com/eu/fr/reglement-concours-boxy/ (for a French version of the rules).
- http://www.zadig-et-voltaire.com/eu/en/reglement-concours-boxy/ (for an English version of the rules).
A copy of the present rules will also be sent free of charge by postal mail to any person who makes a written request on paper, with legible and complete contact details (name, first name, postal address) to the following postal address:
Zadig et Voltaire
11 avenue d’Iena – 75116 PARIS - France
No queries made orally concerned the Game will be answered. Any complaint should be sent in writing to the Organiser at the above-stated address prior to the 29th April 2017. Beyond that deadline, no complaint will be accepted.
The Organiser reserves the right to extend, shorten, modify or cancel the Game at any time, particularly in the event of force majeure as defined by the French Civil Code and French Courts, and Participants shall not be entitled to any compensation.
Any modification will be issued in a rider published on the Organiser’s website at the address http://www.zadig-et-voltaire.com .
Article 8 – Translation
The rules are translated in French and English. In case of inconsistencies between the two versions of the rules, the French version shall prevail.
Article 9 – Applicable law and jurisdiction
These rules are to be construed according to French law, subject to public policy provisions that apply in the Participant’s country of residence.
Any dispute pertaining to the application or interpretation of these rules, if it cannot be solved via negotiation between the Parties, shall come under the authority of the French courts subject to public policy provisions that apply in the Participant’s country of residence.