#indigomobility COMPETITION RULES

Transcription

1 #indigomobility COMPETITION RULES 1 Organisation of the Competition Indigo Park, a French société anonyme (limited company) with a share capital of 2,100,784, whose registered office is located at 4 Place de la Pyramide, Immeuble Ile de France, Bâtiment A, Puteaux/La Défense, registered in Nanterre Trade and Companies Register under number , is organising a free Competition called #indigomobility Photo Competition (hereinafter the Competition ), commencing on 18 April 2017 at 00:00 and ending on 25 June 2017 at 23:59 inclusive (French date and time of connection will be used), which may be accessed via Instagram and via a link to The purpose of these rules (hereinafter the Rules ) is to set out the rights and obligations of the Organiser and the entrants in the Competition (hereinafter the Entrants or You ). 2 Eligibility Any person entering this Competition is deemed to agree to adhere to the Rules. You are expressly reminded that no fee is payable to enter the Competition. This Competition is open to all adults residing in metropolitan France (including Corsica), French Overseas Regions and Departments (Guadeloupe, Martinique, Guiana, Réunion Island, Mayotte) and French Overseas Collectivities within the Euro area only (Saint Pierre and Miquelon, Saint Barthélémy, Saint Martin), Belgium, Luxembourg, Switzerland and the United Kingdom. The Competition may only be entered online, through the Instagram social network. You will need an Internet connection and a valid Instagram account. All entries must be validated by 25 June 2017 at 23:59 (French date and time of connection will be used). Each person may submit up to five (5) photographs. If, more than five (5) photographs are submitted by the same person, the Organiser reserves the right to remove the excess photographs. 3 Description of the Competition To enter the Competition, You must post a photo on your Instagram account illustrating urban mobility tagged with the #indigomobility hashtag and account. The winners will be awarded the prizes listed in Clause

2 3.1. How to enter The Competition must be entered by: - logging in to your Instagram account and posting a photo with a title, a short description and the name of the city or country in which it was taken; tagging the #indigomobility hashtag and account. - You acknowledge that by posting a photo on Instagram, You accept all provisions of the Competition Rules. - You undertake to leave your account in Public access mode for the entire Competition period. The Organiser expressly informs the Entrants about Instagram s role: - Instagram may not be held liable for the unlawful arrangement and/or conduct of the Competition, where applicable. - The information provided by Entrants is collected by the Organiser and will not be collected by Instagram. - The Organiser has no ties with the Instagram websites and Instagram may not be held liable in this respect, in any circumstances whatsoever. - The Entrants acknowledge that the Competition is not sponsored or administered by Instagram in any manner whatsoever Validity of photographs submitted The Competition is entered by posting a photograph on the Competition entry page. The photograph will only be valid if it illustrates urban mobility. For example, it may show private or public means of transport used in cities, people on the move, parked cars, with any subject provided that it is connected to cities and travel, in any city worldwide. 3.3 Photograph content requirements: You must comply with the legal and regulatory provisions in force. In particular, You must therefore ensure that the items You publish to enter the Competition do not: A: infringe third-party intellectual property rights, in particular: - any reproduction/display of an element protected by intellectual property rights, such as an original work, a trademark or a registered design etc. without the prior express permission of the rights-holder. - any reproduction/display of an element protected by related rights (ex. related rights of performing artists, videogram and phonogram producers etc.). B: infringe individual rights, in particular: - any violation of human dignity; 2

3 - any violation of rights of publicity: image rights, right to a name, privacy rights; - defamation, abuse, offensive remarks, etc. C:. constitute a public order violation or immoral conduct: - justification of crimes against humanity; - incitement to racial hatred; - child pornography; - incitement to violence, etc. If You publish an element protected by any type of personal rights or right of publicity, You represent and warrant that You hold all rights and permissions required for the dissemination of your publication in accordance with the provisions set out in the Rules. Competition entries are strictly personal only and You may only enter once. Five (5) photographs per person (same last name and first name) will be accepted. 3.4 Validity of entries By entering the Competition, You expressly and unconditionally agree to be bound by all provisions of the Rules, the ethical standards applicable on the Internet (netiquette, code of conduct etc.) and the laws and regulations applicable to competitions in force in the United Kingdom. You may not enter the Competition using multiple Instagram accounts/ or postal addresses or using different names, at any time during the Competition period. If the Organiser discovers that an Entrant has taken part in the Competition using multiple Instagram accounts/ or postal addresses or using different names, the first entry only will be validated and the others will be cancelled. Accordingly, no Entrant may enter the Competition using multiple usernames, with multiple addresses or on behalf of other people. Any Entrant in breach of the foregoing provisions will be automatically disqualified without prior notice for all entries submitted and for the entire Competition period. It is expressly agreed that the data contained in the information systems held by the Organiser or its technical provider will be treated as conclusive evidence. You represent that You are the author of the photographs submitted for the Competition. 3

4 4 Selection of winners, prizes and prize awards A six-member Jury will vote on the published photos and select the ten (10) winning photos from those published on Instagram, ranking them from one to ten. If fraudulent or unfair conduct is suspected, the Organiser reserves the right to conduct any verifications it deems appropriate. If fraudulent or unfair methods are established, the relevant Entrant will be permanently disqualified, with immediate effect and without prior notice. If challenged, the printouts will be treated as the only authoritative evidence. 4.1 Selection of winners The Jury will select ten (10) photos based on the aesthetic qualities of the photos and the Competition theme, from all photos published on Instagram and will rank the winners from one to ten (hereinafter the Winner or Winners ). 4.2 Prizes The first (1 st ) prize is a trip to Martinique for two (2) people for eight (8) days/six (6) nights from Saturday 25 November 2017 to Saturday 2 December 2017 worth a total VAT-inclusive amount of 2, (two thousand three hundred and fifty-seven euros incl. VAT). The Winners will stay at the Hôtel Bakoua (4 stars), in Fort-de-France, or in any equivalent hotel. Breakfast will also be provided. Departing from Paris in economy class or similar. Including: - The international flight from Paris - Transfers from the hotel to the airport and vice versa All other costs will be paid by the Winner. Travel insurance is not included in the prize and should be taken out by the Winners. The prize includes flights departing from Paris. The Organiser will not cover the Winner s transport to the airport. Direct flights will be reserved where possible, but this is not guaranteed and is subject to availability. Please note: The Winners are responsible for the validity of their identity papers (passport) and any visas required. 4

5 The second (2 nd ) to fourth (4 th ) prizes are one (1) Apple ipad Mini 2 32 GB Wi-Fi Cellular Space Grey 7.9 ME820 (32 GB) each, worth a VAT-inclusive amount of (four hundred and twenty euros and forty cents incl. VAT) each. The fifth (5 th ) to tenth (10 th ) prizes are one (1) JBL Flip 3 Bluetooth speaker (black) each, worth a VATinclusive amount of (ninety-nine euros and ninety-nine cents incl. VAT) each. Prizes may not be transferred to a third party and may not be returned or exchanged for other items or services of any value, or substituted by any cash or cheque equivalent. Travel, insurance and delivery costs etc., associated with the enjoyment of the prize that are not expressly stated to form part of the prize will remain payable by the Winner. Photographs or graphical representations of the prizes are provided for illustrative purposes only and may not be treated as contractually binding, in any circumstances whatsoever. If the Winners do not want or are unable to take possession of their prize, they will not be entitled to any compensation. The Organiser reserves the right to make changes to the nature of the prizes and to propose items of the same value, where needed in the relevant circumstances. The Winners will be notified of their prize via a message sent to their Instagram account between 5 July 2017 and 25 July The Organiser will not send any notices to the Entrants who did not win a prize. The Winners must reply to the sender within ten (10) days of the notice, providing their full names and stating the /postal address to which their prize should be sent. If they fail to reply or provide the information requested within the prescribed time, the Winners will forfeit their prize. In such a case, the prize will be awarded to the next highest ranked Entrant who received the most votes from the Jury and it will not be used for a new competition. Prizes will only be awarded to the Winners once the Organiser has received a duly signed copy of the copyright assignment appended to the Rules. Each Entrant will only be entitled to one single prize. Each prize awarded is personal and may not be substituted by a cash refund or consideration of any kind whatsoever, or be replaced by an equivalent prize at the Winner s request. The Organiser may, where required due to circumstances beyond its control constituting a force majeure event, replace each prize by a prize of an equivalent kind and value. Any prize that may not be sent due to inaccurate or incomplete postal details or for any other reason beyond the Organiser s control will not be awarded to another Entrant. 5 Notification of the Winners Unless otherwise notified, the Winners authorise the Organiser to use, free of charge, their full names and cities and departments of residence in its communications relating to the Competition only, worldwide and for a period of three (3) years, regardless of the medium used by the Organiser (any printed document, press, out-of-home advertising, TV, radio, Internet including social media websites, namely Instagram, Twitter etc.). 5

6 6 Integrity of the Competition You agree not to use or attempt to use any means to enter the Competition other than those strictly complying with the principles of the Competition and the Rules. The Organiser also reserves the right to disqualify any Entrant impairing the operation of the Competition or the Website or breaching the official rules of the Competition. The Organiser reserves the right to take legal action against any person attempting to cheat or impede the smooth running of the Competition. The Organiser reserves the right to implement any type of controls to ensure compliance with this clause and all provisions of the Rules, in particular to exclude any Entrant who has in any way acted wrongfully or attempted to act fraudulently. However, it has no obligation to routinely screen all entries received and may restrict these controls to the forms submitted by potential winners. The Organiser reserves the right to extend, cut short, modify or cancel the Competition due to events beyond its control. If, for any reason whatsoever, the Competition does not proceed as planned, for example due to a computer virus, a bug, an interference or an unauthorised external penetration of the IT system, a fraud including the use of a bot to multiply the number of entries for the Competition and/or the votes given, or a technical flaw or any other reason beyond the Organiser s control corrupting or affecting the administration, security, fairness or proper conduct of the Competition, the Organiser reserves the right, at its own discretion, to cancel, modify or suspend the Competition or terminate it with immediate effect, in which case You will not be entitled to hold it liable in this respect. The Organizer may decide to cancel the Competition if there is clear evidence of fraud, in any form whatsoever, in particular IT fraud, as regards Competition entries or the selection of the Winners. 7 Enforceability of electronic documents The data contained in the Organiser s information systems constitutes conclusive evidence of connection details and information arising from electronic processing associated with the Competition organised by the Organiser. 8 Reimbursement of connection costs No fee is payable to enter the Competition and no purchase is necessary. It may only be accessed via Instagram. The Organiser undertakes to reimburse the costs incurred to enter the Competition to any Entrant who expressly requests a reimbursement. Reimbursement requests must be sent within one (1) month of the entry deadline, without exception. Thereafter, no request will be processed. To obtain a reimbursement of the Internet connection costs incurred to enter the Competition, simply a written request to the Competition address: communication.fr@parkindigo.com Reimbursement requests must be submitted in writing only, on a plain sheet of paper stating, for verification purposes, the Instagram account used, the full name and personal postal address of the Entrant, the address used, the exact name of the Competition and the telephone number used to connect to the Competition website along with the date and time of connection. These costs will be reimbursed in stamps. The postage costs incurred to send the reimbursement request for connection costs will be reimbursed in line with the second-class postage costs in force, if also requested in the request. 6

7 9 Limitation of liability Force majeure 9.1 Organiser s liability The Organiser reserves the right, should the circumstances so require, to cut short, extend, modify, interrupt, postpone or cancel the Competition without incurring any liability in this respect. No compensation may be claimed on this ground. Prizes may neither be returned nor exchanged for another item. No financial consideration will be payable. The Organiser s liability is strictly limited to the delivery of the prize actually and validly won. Any prize that may not be distributed for reasons beyond the Organiser s control will be forfeited by the prize winner and will not be awarded to another Entrant. The Organiser reserves the right to replace the prizes with prizes of the same or a higher value in the event that the said prizes are unavailable and no claim may be issued in this respect. The Competition Organiser disclaims all liability for any incidents or accidents that may occur during the period of enjoyment of the prize awarded, due to its use. The Organiser may not be held liable for any problems connected to the Internet network directly or connected to any penetration, attempts to penetrate, fraud, bug, technical flaw or any other reason beyond the Organiser s control having an adverse effect on the administration, security, fairness, integrity or management of the Competition. In particular, the Organiser may not be held liable for any errors, omissions, interruptions, deletion, and loss of any and, more generally, loss of any data arising therefrom. The Organiser may not be held liable for Internet congestion, the quality of the equipment used to browse the Internet or the quality of the method of access used which could affect the time taken to transmit replies or the time spent on the Internet for the purpose of entering the Competition. Accordingly, the Organiser may not be held liable if the entry forms are not registered or are incomplete or if they cannot be verified. The Organiser reserves the right to implement any relevant controls on the identity of the Entrants, in particular to check the accuracy of the information provided in the identification form. The Organiser undertakes to inform the Entrants, using any available means, of any amendments that may be made to the Competition Rules. Any challenge or complaint relating to the Competition or its Rules will only be processed if notified within one (1) month of the end of the Competition. 7

8 9.2 Your liability You are expressly reminded that You are solely responsible for ensuring that the information You provide when registering for the Competition, in particular your contact details, are accurate and genuine, and that this information is sufficient to allow You to enter the Competition and to redeem any prize You may win. You are responsible for taking all appropriate steps to protect your own data and/or software stored on your IT equipment from any attack. Any person logging in to Instagram and any Entrant taking part in the Competition do so under their sole liability. Any person entering the Competition is deemed to agree to act fairly, in compliance with the Rules. The Organiser reserves the right to disqualify, without prior notice, and/or to refuse to award a prize to any Entrant acting in breach of the provisions of the Rules, in particular through fraudulent conduct, and may also issue legal proceedings against the relevant Entrant before the appropriate courts. Any person acting fraudulently attempting to act fraudulently, consisting in the commencement of the commission of the fraud, with a view to wrongfully receiving a prize, or failing to comply with the Rules, or acting with malicious intent to disrupt the conduct of the Competition may be excluded from the Competition and the Organiser reserves the right to issue legal proceedings against the person in question. However, it may not be held liable to other participants, in any manner whatsoever, for any fraudulent conduct. 10 Use of the Internet The Organiser wishes to remind Entrants of the characteristics and limits of the Internet and disclaims all liability for the consequences of their connection to the Internet via the Competition website. More specifically, the Organiser may not be held liable for any material or non-material damage caused to the Entrants, their IT equipment or the data stored on this equipment, or for any consequences that may arise for their personal, professional or commercial activity. Neither may the Organiser be held liable in the event that one or more Entrants are unable to log in to Instagram to enter the Competition or participate in the Competition via Instagram due to any technical failure or any problem, including those arising from network congestion. Bots and any other processes, unfairly increasing the chances of winning the Competition, may not be used and if this rule is breached, the person implementing the foregoing or benefiting from the foregoing ting from the foregoing will be excluded. The Organiser reserves the right to stop or suspend the Competition in the event of fraudulent conduct or malfunctions in the IT system invalidating the selection of the Winners or in all cases in which, for any reason whatsoever, the IT system awards prizes that are not provided for in these Rules. In such cases, any messages informing Entrants that they have won a prize will be treated as null and void. The number of prizes may not exceed the number stated in the Rules, in any circumstances whatsoever. 8

9 11 Data collection and protection The personal information You provide will be reserved for the Organiser and will not be transferred to Instagram. Competition entries and, where applicable, prize awards will only be processed if the Winner has provided all the requested information. This information is processed to allow the Organiser to manage Competition entries and, in particular, to allow it to notify Entrants of any prize they may have won. The Winners personal data will be transferred to the Organiser s partners solely for the purpose of organising the delivery of the prizes won. Pursuant to the provisions of French Data Protection Act No of 6 January 1978 as amended, You have the right to obtain information about, access, correct and object to the processing of your personal data. These rights may be exercised by sending a letter, along with a copy of your identity papers, to the following address: Service Communication Indigo, 4 Place de la Pyramide - TSA F La Défense Cedex. The Organiser undertakes to the data subjects to take such steps as are appropriate to protect the security of the information and, in particular, to prevent any communication to unauthorised third parties. You were informed of these rights when You entered the Competition. 12 Assignment of rights in the photos and image rights By publishing a photograph, all Entrants, including the Winners, grant the Organiser the right to use their full names for a period of five (5) years, namely to publish the Winners names on Indigo Group websites and social media. Each Winner grants a non-exclusive rights assignment, free of charge, covering the right to reproduce, display and disseminate the one or more photographs without any limitation on the quantity or the number of disseminations, for a period of three (3) years. This assignment of exploitation rights is granted by the winning Entrant to the Organiser in accordance with the provisions set out in the rights assignment appended to these Rules. Each Winner must sign the copyright assignment appended to the Rules. 13 Consultation of the Rules 9

10 The Rules may be consulted on the Competition webpage and on Instagram, by clicking on the Rules link. The Organiser reserves the right to amend the Rules. Any amendment of the Rules and any decision taken by the Organiser will be recorded in an amendment to the Rules and filed at the address stated above. A written copy of the Rules will be sent, free of charge, to any person requesting it before the end of the Competition. This request must be sent, by post only, to Indigo Service Communication 4 Place de la Pyramide Immeuble Ile de France Bâtiment A Puteau/La Défense. The postage costs incurred to send the request for a copy of the Rules will be reimbursed, if requested in writing with the above request, in line with the second-class postage costs in force (and this request must include the full name and address of the Entrant, the name of the Competition and include an account identification slip for the Entrant s bank, postal or savings account). 14 Severability If one or more provisions of the Rules are held to be invalid or unenforceable, the other clauses will remain in full force and effect. 15 Acceptance of the Rules and Governing Law Any person entering this Competition and posting a photo on Instagram tagged with the #indigomobility hashtag and account will be deemed to have unconditionally accepted the Rules. No oral or telephone queries relating to the interpretation or implementation of the Rules will be answered. The Rules are governed by the French legislation in force, regardless of the nationality of the Entrants. An out-of-court settlement will be sought for any dispute relating to the interpretation of the Rules. If no such settlement is reached within two (2) months, the dispute will be referred to the appropriate French courts. Any challenges will only be admissible if made within one (1) month of the naming of the Winners. 10

11 Appendix - Authorisation to exploit image rights Granted to Infra Park, a French Société par Actions Simplifiée (simplified company) with a share capital of 160,044,282, whose registered office is located at 4 Place de la Pyramide, Puteaux (92800), registered in Nanterre Trade and Companies Register under number , acting in the name and on behalf of its subsidiaries. The shots were taken on (hereinafter the Photographs ). I, the undersigned, Mr/Ms Residing at:.... Expressly authorise Infra Park and/or its affiliates to exploit (without however constituting any obligation to exploit) extracts from or full copies of the Photographs and I will hold Infra Park and/or its affiliates harmless from and against any applications, claims or deprivations of rights whatsoever in relation to the Photographs. Expressly authorise Infra Park and/or its affiliates to select all or part of the Photographs, at their own discretion, and to add or remove all audio, text or embedding or alter them using any processes (such as blurring or cropping), as required, in particular, due to technical and/or legal constraints. This authorisation covers the right to display, reproduce and adapt the Photographs, free of charge, without any consideration of any kind whatsoever, by Infra Park and/or its affiliates, on a primary and/or secondary basis, for its training or promotional purposes or for the provision of information on its activities to internal or external audiences: - using any means of communication on any digital networks and/or systems now or hereafter devised, such as, in particular, the Internet, including the social media used by Infra Park and/or its affiliates, or any system designed for mobile telephones or personal digital assistants, using any broadcasting processes, now or hereafter devised; - in a paper or electronic format and on any type of storage medium, now or hereafter devised, in particular graphical, digital or electronic or on any type of storage device storing digital information; - for the purposes of conferences or meetings, trade fairs, forums or training given; - to be integrated into a multimedia work, on any type of medium; - with all adaptations or translations, French or foreign, including as edited, where applicable. However, this authorisation does not cover advertising exploitations involving advertising space buying, for which a new authorisation must be obtained. Infra Park and/or its affiliates expressly undertake not to exploit the Photographs in any manner that could invade the privacy or damage the reputation of any person. Accordingly, the Photographs may only be used in a context and/or with a caption that does not contain any term that the courts would find harmful to the person shown in the Photographs. 11

12 This authorisation is valid worldwide, for a period of three (3) years from the signing of this authorisation. This authorisation is granted free of charge. I acknowledge that my rights have been satisfied in full and that I am not entitled to claim any additional remuneration for the recording of my image and the exploitation of the rights set out herein, either now or in the future. I warrant that I am not bound by any exclusive contract relating to the use of my image. Infra Park and/or its affiliates may, at any time, temporarily interrupt and/or cease the exploitation of all or part of the Photographs and in such a case, this may not be treated as a waiver by Infra Park and/or its affiliates of the rights assigned herein. Any dispute relating to the interpretation or exclusion of this authorisation should be settled out of court, as of the occurrence of the dispute. If it cannot be settled out of court, either party may refer the dispute to the appropriate court. Signed in.., on In two originals Signature preceded by bon pour authorisation (valid record of authorisation) 12