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ARTICLE 1 – ORGANIZING COMPANY
PUIG FRANCE, S.A.S., with registered office at 65-67, Avenue des Champs Elysées, 75008 Paris (France), holder of Tax Identification Number B-64.797.129 and recorded with the Commercial Registry of Paris R.C.S. 682 030 507, is organizing from April 8th, 2020 until July 15th, 2020, both inclusive, a contest named “#PACOathome Contest”.
ARTICLE 2 - PRINCIPLES AND METHODS OF THE CONTEST
Joining the Contest implies that the participant fully accepts the terms and conditions set forth in these regulations. Anyone breaching any articles of these Regulations will be prevented from participating in the Contest and will also become ineligible for any prize obtained, as the case may be.
The Regulations can be consulted in the website www.pacorabanne.com while the Contest is in force. The Organizing Company reserves the right to modify at any time the Regulations and to adopt all decisions which may consider relevant for the application and interpretation of the Regulations.
The Organizing Company reserves the right to disqualify and prosecute any person who transmits to the Website of the Organizing Company any content whatsoever that is contrary to morality, or prejudices the rights of third parties or is promotional.
ARTICLE 3 – CONDITIONS OF PARTICIPATION
Conditions of participation:
Participation in the Contest is opened to any individual:
- Older than 18 years old/ of legal age (as per the corresponding territory)
- Resident of the European Union, Australia, Brazil, Canada, United Arab Emirates, Saudi Arabia, Kuwait, Bahrain, Qatar, Oman & Egypt.
- With access to Internet
- Being user of Instagram
It is excluded to any employee of the Organizing Company, or of PUIG companies group, and any person who directly or indirectly has participated in the design, execution and/or management of the Contest, as well as members of their immediate family (ascendant, descendant and collateral).
Participants not providing all requested data or inaccurate, false and/or incomplete data, as well as those failing to meet the conditions stated in these Regulations, will not be admitted.
Operating of the Contest:
Among all the participations during the term of the Contest, at its finalization, a jury composed by members of the Organizing Company will choose the most original content to be the winner of the Contest.
The contest begins on April 8th, 2020 and ends on July 15th, 2020 and Participations will be closed on [Date July 15th, 2020, at 11:59PM (Paris time)]. Winners will be announced July 16th, 2020.
ARTICLE 4 - PRIZES
The prize for the winner(s) will consist on:
(10 winners will be chosen in total)
The winners will be contacted by the Organizing Company by Instagram direct message. No message will be sent to the losers.
The winner(s) will have a term of ten (10) calendar days after the notification of the Organizing Company to confirm his/her acceptance to the prize by e-mail or direct message. If after the term of ten (10) calendar days the corresponding winner does not confirm his/her acceptance, the Organizing Company may leave the prize(s) void or choose another winner(s) that will have the same term to accept the prize.
The prizes cannot be exchanged, modified nor exchanged for a financial compensation or equivalent. The Organizing Company reserves the right to replace the prize by another one of equal value without being subject to any claim or complaint.
In any event the Organizing Company shall be held liable when the winner(s) cannot obtain the prizes for circumstances not attributable to the Organizing Company.
The winner will have to evidence that is older than 18 years old (when required) or of legal age (as per the corresponding territory) by providing a copy of his/her National Identity Card or passport in force should the Organizing Company requests it. If he/she is under 18 years old, his/her participation in the Contest shall be automatically void.
ARTICLE 5 – RESULTS
By express agreement with the participants, the Organizing Company and the Operators, the computer systems and files of the Organizing Company and of the Operators are authentic until proven otherwise. The dates and times recorded are those provided by the operators' computer system. They cannot be challenged by the participants.
It is expressly agreed that the data contained in the information systems in the possession of the Organizing Company or its technical service providers have probative force as to the elements of connection and the determination of the winner(s).
For each draw, one prizes will be awarded per winner (same Instagram profile name, same Instagram account and same IP address). Winners authorize the Organizing Company to carry out all checks concerning their identity and place of residence.
No participant may be selected if he or she does not comply with the terms of these rules.
ARTICLE 6 – REIMBURSEMENT OF CONNECTION FEES
Any participant may obtain, on request, the reimbursement of the costs corresponding to the time of the Contest on the basis of a fixed connection of four (4) minutes, that is to say 0,76 €. It is specified that certain Internet service providers or telephony operators offering a free or fixed connection to Internet users, their access to the application and the Contest being made on a free or lump sum basis shall not give rise to any refund, insofar as subscribing to the services of the access provider or of the telephony operator is in this case contracted by the Internet user for his use of the Internet in general and that the fact for the participant to connect to the Website and participate in the Contest does not incur any additional fees or disbursements.
In this case, the refund requested must be sent by post to the Organizing Company accompanied by a RIB, a proof of Internet subscription and a letter indicating the date and time of the connection, at the latest 15 days after the closing date of the Contest, as evidenced by the postmark. The costs incurred by the participant for the stamp required for this application will be reimbursed on simple written request on the basis of the slow "letter" rate in force. One refund request per participant entered in the Contest and per envelope (same name, same mailing address). Incomplete applications will not be considered.
ARTICLE 7- LIABILITY
Joining the Contest implies awareness and acceptance of the characteristics, limits and risks of Internet. The Organizing Company shall not be held liable for malfunctions that may affect Internet, configuration problems or tied to a particular browser or to the Website.
The Organizing Company cannot be held liable for any damage caused to the participants, their computer equipment and/or the data stored therein.
The Organizing Company forbids participants to modify the format of the Contest by any means. In this regard, the Organizing Company reserves the right to enforce equal opportunities for participants, particularly by the courts or by any other means at your convenience.
Furthermore, any attempt to use the Contest outside the non-modified interface operating on the Website will be considered as an attempted fraud. Disintegration of the Contest, using of personal script or any other method meant to bypass the Contest as foreseen in these Regulations will also be considered as attempted fraud and will lead to the immediately elimination of the participant.
The Organizing Company reserves the right to cancel, delay, interrupt and/or postpone the Contest or to modify all or part of the modalities of the Regulations without incurring in any liability.
Access and, as the case may be, register of each participant to Instagram is governed by the terms and conditions foreseen by each social network and, therefore, the Organizing Company shall not be held liable of any infringement to such terms and conditions caused by any participant.
It is expressly stated that Facebook and Instagram do not promote, endorse or manage in any way the Contest and are not associated with it. Facebook and Instagram are exonerated of all responsibility in relation to the Contest.
ARTICLE 8 - INTELLECTUAL PROPERTY AND IMAGE RIGHTS
Participants undertake not to upload Image (photos, videos, drawings, etc.) that are not original and/or are not recorded by them or that infringe law or rights of third parties (specially, copyrights, trademarks, and/or privacy, honour and image rights). For these purposes, each participant declares that he/she owns all the rights regarding the Images and, as the case may be, has obtained the relevant express consent of the people appearing in the Images for its free of charge spreading in any media and/or territory and for indefinite term.
The Organizing Company shall not be held liable, in any event, of the infringement of the above-referred obligations nor any damages and/or prejudices arisen from said infringement. Each participant recognizes that the Organizing Company has fully rights to assign the use of the Images in any form that the Organizing Company may consider, as well as for any commercial purpose related (including but not limited to, advertising, marketing, promotions, merchandising and/or exploitation of the Contest, wholly or in part).
Participants expressly authorize the Organizing Company and its licensors to reproduce, communicate or distribute, adapt, translate and transform the Images, for free, on the Organizing Company websites and official social networks including without limitation Organizing Company’s official Instagram and any other social networks accounts of the Organizing Company affiliates and/or subsidiaries; websites of authorized retailers and/or any social networks of any influencer authorized by the Organizing Company, in any media an territory, all over the world, for the maximum period of time permitted by law.
The participant is aware that the putting the Images on the social networks implies the application of the general usage conditions of said social networks, in particular, the right of sub-licensees attributed to the social networks and to the users of the social networks; The Organizing Company will in no event be liable for the reproduction, processing, exploitation and conservation of the Images or of a part of the images by social networks or by social networks’ users according to the general usage conditions of the social networks. The Organizing Company cannot be held responsible for the reproduction, processing, exploitation and conservation by social networks’ users in the general usage conditions of the social networks of the images throughout the Contest term and after its expiry. For the sake of clarity, the participants hereto acknowledge and agree that the Organizing Company shall not in any event be responsible for deleting/removing the Images uploaded during the term of the Contest on the social networks.
Likewise, without prejudice to the terms and conditions of the corresponding social network (e.g. Instagram, Facebook, etc.), each participant authorizes the other participants, and/or any third party related to the Contest to access and view for free the Images.
In any event, the Organizing Company is entitled to remove any Image, without obligation to give prior notice to the participant, when it considers that the Image infringes any law, rights of third parties and/or it is not adapted to the Contest’s nature and/or the image and reputation of the Organizing Company, its licensors and/or its products. The Organizing Company shall be entitled to deny and refuse any Image unilaterally considered that is racist, sexist, violent or inappropriate in general.
The Organizing Company and its licensors shall not be held liable for the improper and/or fraudulent use of the image or modifications and/or alterations of the image made by any third parties.
ARTICLE 9 – PERSONAL DATA AND COOKIES
It is important to highlight that to participate in the Contest, the participants must necessarily provide certain personal information concerning them (name, address, e-mail address, telephone number ...). The participants acknowledge that they have received all the information required by General Data Protection Regulation 2016/679 of 17 April 2016 (the “GDPR”) and by the French law n°78-17 of 6 January 1978, as amended (the “French Informatique et libertés law”), especially that they have been informed of their rights within the registration form.
This information is necessary to take into account their participation and the determination of the winners. The personal data provided by the participants within the Contest shall be included into a file owned by PUIG FRANCE, S.A.S (the “Controller”) for the purpose of managing the Contest, as well as to send them commercial information .
The participants acknowledge that the personal data collected:
- are intended to enable the implementation of the Contest;
- are stored by the Controller for the duration of the Contest, that will not, in any case, exceed three years as from their date of collection;
- are processed by the competent services authorized within the Controller, in particular the services in charge of commercial relationship, communication and marketing;
- may be assigned to any entity belonging to PUIG Group with the same purposes above mentioned and, therefore, participants assume that they have been duly informed regarding the first assignment of personal data;
- are likely to be disclosed to any third-party which would act, on behalf of the Controller, in the management of the Contest and/or to any administrative or judicial authority which would require the communication of such personal data;
In case of transfer of personal data outside the European Union, Puig guarantees that this transfer is framed by one of the safeguards offered by the European Commission.
Pursuant to the GDPR and the French Informatique et libertés law participants have the right to access, rectify and delete data concerning them, the right to withdraw their consent at any time, as well as the right to object, for legitimate grounds, to the processing or their data. To exercise these rights, participants should send a letter to the following address: PUIG FRANCE, S.A.S., Avenue des Champs Elysées, 75008 Paris, France (ref. Contest “Million Snap Contest”) or to the following e-mail address [[email protected]].
Participants may also exercise the right to lodge a complaint with a competent supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement in accordance with Article 77 of the General Data Protection Regulation n° 2016/679 of April 27, 2016, if the data subject considers that the processing of personal data relating to him or her infringes said regulation. The user may contact PUIG at any time at the following address: [[email protected]] for any concern or question, regarding the privacy of personal data provided to PUIG.
The participants authorize the Organizing Company to carry out any useful verification concerning their identity and address. Any false indication will result in the elimination of the participant, as well as multiple and proven entries. The participants authorize the Organizing Company to use their name, city and place of residence on the Website, without any restriction or reservation, and without this use being able to open right and remuneration.
Each Participant authorizes the Organizing Company to publish, reproduce and represent its elements on the Website. In view of the nature of the Internet, the Participant knows and accepts that the elements may be associated with different contexts, other elements, used as hypertext links or exploited in part.
ARTICLE 10 - SUBMISSION OF THE RULES
The present rules are being submitted to the headquarters of the Organizing Company located at 65-67, Avenue des Champs Elysées, 75008 Paris (France). A copy of these rules are available free of charge to anyone requesting them by e-mail [[email protected]] or post from the Organizing Company.
The stamp for requesting these rules can be refunded at the current economy mail rate upon written request, to be accompanied with bank details attached. Only one request for a copy of the rules and reimbursement of postal fees will be accepted per participant (same name, same address).
These rules can be viewed on the Website throughout the duration of the Contest. In any discrepancy between the version of the rules submitted to the Organizing Company and the version of the rules accessible online, the version submitted to the Organizing Company will prevail. The submitted version will thus prevail over the information issued through the abovementioned Website should that information contradict the present rules.
Any modifications of these rules will be notified on the abovementioned Website and submitted to the Organizing Company. These modifications will be sent together with the rules to anyone requesting said rules.
If the present rules are written is different language, all versions being valid. In case of discrepancies or dispute, the English version prevails.
ARTICLE 11 – DECISIONS OF THE ORGANIZERS
The Organizing Company also reserves the right to modify, extend, cut, suspend or cancel the Contest without prior notice due to any event beyond its control and, in particular, in the event of an extraordinary situation or in a case of force majeure or due to a fortuitous event. The Organizing Company reserves in particular the right to invalidate and / or cancel all or part of the Contest if it appears that fraud or dysfunction has taken place in any form whatsoever and in particular It reserves the right not to award the prize (s) to fraudsters and / or to sue before the competent courts the authors, co-authors and accomplices of these frauds. Fraud involves the immediate disqualification of the fraudulent Participant.
The liability of the Organizing Company cannot be incurred in the light of the above and the participants cannot claim any compensation or compensation of any kind whatsoever.
ARTICLE 12 – CLAIMS AND APPLICABLE LAW
To attend any potential claim regarding the Contest they must be submitted in writing to PUIG FRANCE, S.A.S., Avenue des Champs Elysées, 75008 Paris (France) or by e-mail to [[email protected]] (ref. Claim – Contest “#PACOathome Instagram Contest”), no later than one month after the deadline for joining the Contest.
In the case of dispute on the application or interpretation of these rules and in absence of an amicable agreement, all litigation will be subject to the Courts of Law of the City of Paris.