RULES AND PROCEDURES OF THE RELAIS & CHATEAUX PHOTO COMPETITION Article 1: Identity of the Organiser and duration of the competition The company Relais & Châteaux Enterprise (hereinafter referred to as the Organiser ), entered in the commercial register RCS of PARIS under No. 402 003 404, with registered office at 58-60 rue de Prony 75017 Paris, a subsidiary of the Relais & Châteaux Association, organises a photo competition between 6 March 2014 and 31 October 2014, hereinafter referred to as Relais & Châteaux Photo Competition or the Competition. Article 2: Participation Participation in the Competition is free- of- charge, without any obligation to purchase. The Competition is open to all natural persons of age, resident in France or abroad within the limits of one participation per person during the term of the Competition (same name, same first name, same email address). A participant may only win one single prize during the term of the Competition. The permanent or occasional staff (including sub- contractors) of the Relais & Châteaux Association and all of its subsidiaries as well as the members of their families (hereinafter referred to as the Employees and their Family ) shall be excluded. If the Employees and their Family participate in the Competition and win a prize, the Organiser shall refuse to grant them the prize and the latter shall again become part of the Competition. Article 3: Participation In order to participate in this Competition, the participant must fulfil the following terms and conditions: Post between 6 March and 31 October 2014 one or more photos of an event associated with the 60 th anniversary of Relais & Châteaux and tag them #relaischateaux60 in one of the following social media: Facebook, Twitter, Pinterest and Instagram or send this or these photo(s) by email to the following address: anniversary@relaischateaux.com. The event involved needs to be specified in the caption or the email text. Article 4: Designation of the winners A jury composed of five persons from amongst the staff of Relais & Châteaux shall designate the three (3) winners of the competition in November 2014 in accordance with the following criteria: quality, aesthetics and originality of the photo. 4.1 In order to be examined by the jury, the participant must: Be identifiable through his/her name, his/her first name, his/her mail and email address.
Accept the examination of his/her photo(s) by the jury based on a form sent by Relais & Châteaux once the Photo Competition is finished (and no later than 24 hours before the examination of the retained photos by the jury). 4.2 The winners shall be informed by email to the address that they will have specified in the form accepting the examination by the jury of their photo(s). Following notification and agreement of the participant, the prize shall be sent to the winner at the address that he/she will have specified within a period not exceeding one month. If the winners do not respond within a period of one month following the sending of this email, they shall be considered as having waived their prize and the prize shall remain the property of the Organiser. The winners of prizes returned and not claimed from the Organiser within one month following the date of presentation of said prize by the department in charge of its distribution shall likewise be considered as having waived their prize and the prize shall remain the property of the Organiser. 4.3 Relais & Châteaux may not be held liable if the entered address specified in the form to accept the examination of the photos by the jury is wrong, false or illegible. Any false declaration, specification of identity or address shall result in the immediate elimination of the winners. 4.4 Any photo sent after 31 October 2014 midnight shall not be examined by the jury. Article 5: No financial compensation No financial compensation or expenses in any form whatsoever may be claimed from the participants. The costs in connection with the participation in this Competition via the Internet shall be refunded pursuant to a request sent exclusively by mail to: Relais & Châteaux Enterprise 58-60, rue de Prony 75017 Paris No request for refunding sent by email shall be taken into consideration. Article 6: Definition and value of the prizes The double prize of the Competition for the three winners shall be as described herein below: - - A meal in a Relais & Châteaux restaurant for two persons with a value of EUR 300 (in the form of Relais & Châteaux gift certificates with a validity of two years in Relais & Châteaux properties around the world). Exhibition of the three (3) winner s photos in the 3 Maisons des Relais & Châteaux (Paris, London and New York) during the month of December 2014.
These prizes may not in any case be exchanged for their value in cash or for any other non- similar prize with the same face value. Article 7: Liability The Organiser reserves the right to shorten, extend, modify or cancel the Competition, if so required by the circumstances but may not be held liable as a result thereof. Participation in the competition implies knowledge and acceptance of the characteristics and limits of the Internet, more particularly as far as technical performance, response times to consult, search or transfer information, risks of interruption and, more generally, risks involved in any connection and transmission on the Internet, the absence of protection of certain data from possible misappropriation and the risks of contamination by possible viruses circulating in the network are concerned. Consequently, the Organiser may not be held liable under any circumstances, without this list being exhaustive: - for the transmission and/or receipt of any data and/or information on the Internet; - any dysfunctioning of the Internet network preventing the smooth operation/functioning of the Competition; - failing of any receiver equipment or communication lines; - the loss of any paper or electronic mail and, more generally, the loss of any data; - problems in connection with the handling and/or loss of any postal or electronic mail; - functioning of any software; - consequences of any viruses, IT bugs, anomalies, technical failures; - any damage caused to the computer of a participant; - any technical, hardware and software failure of any kind whatsoever, which has prevented or restricted the possibility to participate in the Competition or which has damaged the system of a participant; - dysfunctioning of the prize distributed within the framework of the Competition and possible direct and/or indirect damage which could be caused. It is hereby stressed that the Organiser may not be held liable for any direct or indirect damage following an interruption, dysfunctioning for any reason whatsoever or any direct damage which results in any way whatsoever from a connection to the website developed within the framework of this Competition. It shall, therefore, be the responsibility of every participant to take all the appropriate measures in order to protect his/her own data and/or software saved on his/her IT equipment against any damage. The participation of the participants in the Competition shall be under their entire responsibility. The Organiser may cancel the Competition as a whole or in part if it appears that there has been any fraud in any way whatsoever, in particular in terms of IT or at the designation of the winner. Under these circumstances it reserves the right not to attribute the prize to the fraudulent party and/or to pursue the author of such fraud before the competent jurisdictions. It shall not, however, take over any liability of any kind whatsoever vis a vis the participants as a result of the frauds possibly committed. The fact that a participant uses one or more fictitious names of one or more third parties shall be considered as fraud since every participant has to participate in the Competition under his/her own and unique name. Any fraud shall involve the elimination of the participant from the Competition.
Article 8: Acceptance The simple fact of participating shall imply full acceptance without reserve of these rules and procedures. The mere fact of participating in the Competition means that the participant authorises Relais & Châteaux Enterprise to publish the photos tagged #relaischateaux60 on its website and publish them in the media referred to in Article 3.2. By accepting prizes, the winner authorises the company Relais & Châteaux Enterprise to use his/her name, first name and his/her photo for public relations purposes within the framework of the Competition without this conferring any claim to remuneration or benefits of any kind whatsoever apart from the prizes to the winner. Article 9: Disputes In order to be taken into account, any disputes concerning the rules and procedure and the Competition must be formulated in writing to the following address: Relais & Châteaux Enterprise Relais & Châteaux Photo Competition 58-60, rue de Prony 75017 Paris no later than ninety (90) days after the deadline for the participation in the Competition as specified in these rules and procedures. Article 10: Applicable law This Competition and its rules and procedures shall be governed exclusively by French law. In the event of disagreement concerning the validity, application or interpretation of these rules and procedures and in the absence of an amicable settlement, any dispute shall be submitted to the competent court in Paris, which shall have exclusive competency. Article 11: Data Privacy Act It is hereby pointed out that in order to participate in the Competition, the participants must provide personal information concerning them (name, address, ). Such information shall be entered and saved in an electronic file and is necessary to take into account their participation, the determination of the winner and the attribution and delivery of the prize. In accordance with the provision of the corresponding Article of the French Act No. 78-17 of 6 January 1978 concerning IT, files and freedoms, participants benefit from a right of access, modification and suppression of data concerning them. They may also be opposed to the processing of data concerning them for legitimate reasons. In order to exercise these rights and obtain the disclosure of information concerning them, the participants must contact the data privacy officer of Relais & Châteaux Enterprise. This information shall be used internally by the Relais & Châteaux Association and its subsidiaries and shall not be transferred to third parties.
Article 12: Intellectual property rights It is hereby expressly stated that all the elements which constitute elements of the Competition and, more particularly, the trademarks, logos, graphics, photos, animations and texts, descriptions of the Competition and elements either visual and/or sound- based (hereinafter referred to as the Contents ) to which the participant may have access are protected by the legislation concerning intellectual property currently applicable in France and hence throughout the world. The Organiser is the holder of all the corresponding rights. In this connection and in accordance with the provisions of the Intellectual Property Act, only the utilisation of the Contents for private purposes and in conformity with these rules and procedures, subject to the reservation of different or more restrictive provisions of the Intellectual Property Code, shall be authorised. Any other utilisation shall constitute counterfeiting and shall be subject to sanctions in respect of intellectual property, unless this has been authorised in advance by the Organiser. Article 13: Registration of copyright The rules and procedures of the Competition have been deposited with: SCP HAUGUEL, et SCHAMBOURG Huissiers de justice 14 rue du Faubourg Saint- Honoré 75008 Paris - FRANCE A copy of these rules and procedures may be requested exclusively by mail from the Organiser. A written request must be sent to the following address: Relais & Châteaux Enterprise Relais & Châteaux Photo Competition 58-60, rue de Prony 75017 Paris no later than ninety (90) days after the participation deadline for the Competition as specified in these rules and procedures.