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“NYC FALL-WINTER Parade Competition Game” Rules
Article 1 – The Game
ZV France (hereinafter, the “Organiser” or “Zadig et Voltaire”), a “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 Giller, in his capacity as Chief Executive Officer, is organising a competition* (hereinafter, the “Game”) from 22 January 2017 at zero hour (Paris time) until 8 February 2017 at 23.59 p.m. (Paris time) (hereinafter, the “Game Period”).
* The game is free; no purchase is required to enter
Article 2 — Participation
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), in the USA and in the following countries: France, UK, Spain, Italy, Germany, Belgium, Denmark, Switzerland (hereinafter, the “Participant(s)”), 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.
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.
To take part in the random drawing, the Participant must have internet access and a valid email address, then fill out the entry form on the web at:
stating his/her last name, first name, email address, telephone number, postal code, country of residence.
Participation will be accepted once the person 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.
Anyone who participates in the Game states that s/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.
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 – Prizes
The winner of the Game drawn at random shall be entitled to choose one (1) of the two following prizes (hereinafter, “the Prize(s)”):
Prize 1: One (1) stay in New York (USA) for two (2) persons to attend the 2017 Fall-Winter parade of Zadig and Voltaire on 13 February 2017, at 537 West 27th Street, New York (USA) at 2 p.m. (local time) (hereinafter, the “Event”), which includes:
THE FOLLOWING ARE NOT INCLUDED IN THE PRIZE:
Prize 2: A coupon valued at one thousand five hundred euro (€ 1,500), inclusive of all taxes (or of the equivalent value in the currency of the winner’s country), valid for three (3) months from the 13th of February 2017 until the 13th of May 2017 included, valid in all Zadig & Voltaire stores located in the winner’s country of residence, not valid for sales and promotions under way.
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 other prizes of equivalent value and with similar characteristics, for any reason whatsoever, and it shall not be open to law suits on this count.
Article 4 – Selection of the winners, award of the prize
4.1 Selection of the winner
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 the winner.
The random draw will take place on 9 February 2017 before noon (12 p.m) (Paris time). 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 drawing.
The winner will be selected after her/his eligibility for winning the Prizes 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 Prizes will be lost entirely and no other random drawing will be held, and the Organiser shall not be open to law suits on this count.
The winner will be contacted personally by email and/or telephone no later than 9 February 2017 at one p.m (1 p.m) (Paris time) at the email address or telephone number that she/he provided in the entry form. The winner shall have twenty-four (24) hours after the results are announced to claim the Prize, by sending an email address to the following address: email@example.com indicating which Prize she/he selected.
If the winner does not claim the Prize within twenty-four (24) hours after the results are announced, it will be considered that she/he has given up the Prize and no other random drawing will be held, and the Organiser shall not be open to law suits on this count.
No message will be sent to the losers.
4.2 Award of the Prize
The procedures for awarding the Prize vary depending on which Prize the winner selected in her/his confirmation email:
Prize 1: Once the confirmation email has been received from the winner, the Organiser shall contact the winner by email or telephone to arrange how to organise the award of Prize 1.
The winner must then communicate all the necessary elements to the Organiser in order to organize the Prize 1, and this before February 10th, 2017 at six p.m (6 p.m) (Paris time).
If the winner does not agree with the Organiser as to the organization of the Prize 1 before this date, the winner will be considered as giving up the Prize 1 and the Organiser shall not be open to law suits on this count. In this case the winner will be awarded the Prize 2 as described below.
Any Prize that cannot be distributed due to an error or omission in the Participants’ 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 winners explicitly authorise the Organiser to use his/her contact details (civility, last name, first name, email address, phone number, postal code, country of residence, date of birth) for the purposes of the Game, for advertising or public relations purposes, on any medium whatsoever, without restriction or reservation, and without this conferring upon them any right to compensation or any advantage whatsoever other than the award of their Prize.
Pursuant to the French law of 6 January 1978 relating to data processing and freedoms, you have the right to access and correct the information concerning you; each Participant has the right to access, amend, correct and delete information concerning him/her by writing to the following address:
Zadig et Voltaire
11 Avenue d’Iéna
Article 6 — 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 uses information and/or tools that are available and verified, it would 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.
More generally, the Organiser may not be sued for any issues of any kind associated with the use or organisation of the Prize.
More specifically, the winner and her/his companion acknowledge and agree that they undertake the stay, which is the substance of Prize 1, solely at their own liability. The winner and her/his companion warrant that they have a valid, up-to-date passport and, as necessary, a visa valid at the departure date (ESTA request required). In no circumstances shall the Organiser be liable if the winner and/or the person accompanying her/him cannot travel because they do not have up-to-date and valid passports.
More generally, the Organiser shall not be found liable for any difficulty of any kind whatsoever.
Article 7 – Access and interpretation of the rules, amendments
These complete rules are available on the Organiser’s website at http://www.zadig-et-voltaire.com throughout the Game Period.
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 16/02/2017. Beyond that deadline, no complaint will be accepted.
7.2 Interpretation of the rules
Any question on the application or interpretation of the rules, and any unexpected query that may arise, will be settled by the Organiser.
The Organiser reserves the right to extend, shorten, modify or cancel the Game at any time, particularly in the event of force majeure, 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 – Authorisation of right to use images
The Participants acknowledge that the photos produced in the scope of the Game are intended to be sent to the Organiser.
(1) Represent explicitly that they authorise the Organiser to use, modify, post, reproduced, reframe the Photographs made in the scope of the Game and for the media and uses defined in this article.
(2) Authorise the Organiser to use the photos for internal and external use on digital media (social networks, the internet, etc.), to make liberal modifications, additions, deletions to each photo that it may deem useful, such as concerning slogans, colouring operations or reframing.
This authorisation will be of benefit not only to the Organiser, but also to any person or entity that it may appoint or authorise to use and exploit the “Zadig & Voltaire” brand, and in particular, its partners and licensees.
This authorisation is granted for no fee for the whole world, for a term of three (3) years as of the first use of the photographs, in connection with the Organiser’s communication concerning the Game.
Similarly, the Organiser shall be authorised to use, modify, post and reproduce any interviews done in the scope of the Game, on the web and on social networks. The Organiser shall be free to decide on the modifications to make to the comments made by Participants. If the Organiser wishes to make significant changes to interviews, they will be submitted to the participant interviewed in advance for approval.
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 Tribunal de Grande Instance de Paris (Paris court of first instance, equivalent to the High Court in the United Kingdom), subject to public policy provisions that apply in the Participant’s country of residence.