"Enjoy Spingtime with Kaporal.com" game rules
Article I: Organisation and context
1.1 - Organisation of the Game
The KAPORAL COLLECTIONS SAS company, with a capital of 153,000,00 euros, registered with the Marseille RCS under number B 378 644 603, having its registered office at 20, Boulevard Ampère 13014 Marseille (hereinafter referred to as the "Organiser") is organising a game with an obligation to purchase entitled "Enjoy Sringtime with kaporal.com" from March 6th, 2017 to March 31st, 2017 until 23:59, French time (hereinafter referred to as the “Game”) as per the arrangements set out in these rules and in compliance with law n°2011-525 of May 17th, 2011.
1.2 - Game context
The Organiser is putting this Game in place on behalf of the Kaporal brand.
The Game takes place exclusively online.
The Game will be announced via the following media channels: Internet. The Organiser reserves the right to use any other promotional channels or methods.
Article II: Participation
Registration for the Game implies full acceptance and compliance with the provisions of these rules, available on the website at the time of registration and at any time during the game on the site: http://www.kaporal.com/en_fr/jeu-kaporal-reglement
2.1 - Conditions of Game registration
The Game is open to any natural person domiciled in Metropolitan France, including Corsica, with an Internet connection and a valid email address and having made a purchase on the site www.kaporal.com during the period of the game, excluding:
• employees, contractors (permanent and casual), representatives and agents of the Organiser
• employees, contractors (permanent and casual), representatives and agents of any company controlled by, controlling with or controlling the Organiser
• employees, contractors (permanent and casual), representatives and agents of their partners
• employees, contractors (permanent and casual), representatives and agents of their sub-contractors
• employees, contractors (permanent and casual) and representatives of their advisers
• any person who is directly or indirectly involved in the organisation of the Game, its implementation, running, promotion or event planning, including, and not limited to, members of BBO Media Group companies
• employees, contractors (permanent and casual) and representatives of the bailiff’s office working on the operation
• family members (parents, children and relatives) and spouses (marriage, civil partnerships and married life, recognised or not) of the categories listed above.
All participants under the age of 18 must still obtain permission from a parent or guardian to participate in the Game. The Organiser may ask any minor participants to prove this permission and, where necessary, disqualify any entrants not able to prove permission.
Winners must prove their age before receiving their prize.
The Organiser may ask any minors who win to prove their permission to participate in the Game. The Organiser reserves the right to randomly select an alternate winner where an initial winner, if a minor, is not able to provide sufficient evidence of such permission.
There is no participation limit. For each order placed under the conditions detailed in Article III of these rules, the participant gets a chance to be drawn and designated winner. Participation is strictly nominative and the player can not under any circumstances play on behalf of other participants.
2.2 - Validity of participation
The information and details provided by the participant must be valid and true, under penalty of exclusion from the Game and, where applicable, losing the title of winner.
It is strictly forbidden, by any means whatsoever to modify or attempt to modify the Game systems offered, in particular to modify the results or influence through an automated or unfair means the validity of the draw or the designation of a winner. If it turns out that a participant was drawn or apparently won a prize in contravention of these rules, through fraudulent means, such as automated search or the use of an algorithm, or by means other than those resulting from the process described by the Organiser on the Game site of in these rules, their prize will not be awarded to them and will remain the property of the Organiser, without prejudice to any legal action which may be undertaken against the participant by the Organiser or by third parties.
Article III: Methods
Anyone placing an order on the site www.kaporal.com during the game period automatically enters into a draw without special formalities or additional costs.
Any customer who nevertheless would not like to participate in the Game must make the request to firstname.lastname@example.org or use this email address to refuse the prize that they could potentially win.
Order confirmation must take place before March 31st, 2017 at 23:59 French time. Only those with orders confirmed before this deadline will participate in the draw to select the winners.
Article IV: Selecting winners
The winners will be selected by draws. These will take place daily throughout the duration of the game to choose the winners for the day.
Every 10 (ten) orders, 1 (one) order of the 10 (ten) will be drawn on the day after the purchase day and purchaser will be declared a winner.
Article V: Allocation
The allocation for this Game consists of prizes of vouchers at the value of the order drawn (shipping included).
For example: If an order drawn is amounts to €80 inc. VAT (eighty euros, taxes included) plus €5 inc. VAT shipping costs, the participating customer who made and paid for this order wins a voucher of a value of €85 inc. VAT (eighty five euros, taxes included).
The prize vouchers are only valid on the www.kaporal.com website until May 31st, 2017 inclusive.
While the nature of the allocation of this Game is determined by this article, the number and value of vouchers constituting the prizes can not be fixed in advance since it is impossible to predict at the time of writing these rules the number of orders that will be made during the period of the Game, nor their amounts.
However, note that 1 (one) order in 10 (ten) will be drawn and designated the title of winner.
Article VI: Awarding of prizes won
Winners will be notified by email by the Organiser. They will receive their prize as a code sent in the message.
Prizes can be awarded after verifying the eligibility of the winners, with regards to their allocation, but without rendering the Organiser obliged to conduct systematic inspections.
When awarding prizes to participants under the age of 18, the consent of a parent or guardian will be required and may be requested. Otherwise, the prize can not be attributed to them and will remain the property of the Organiser. However, the latter will not be obliged to conduct systematic checks.
The prize can not be disputed, refunded in cash or nor for any compensation of any kind whatsoever. In cases of force majeure, the Organiser reserves the right to substitute the prize announced with a prize of equivalent value. The winners authorise any checks concerning their identity, age and address: postal address, email address and IP address (Internet Protocol). Any information that is proven to be false concerning the identity or addresses (postal and/or electronic) of the winner would void their participation in the Game and, where applicable, would lead to a reimbursement of prizes already sent.
Article VII: Advertising and promotion of winners
Given the acceptance of their prize, the winner authorises the Organiser to use their name, city of residence, in any promotional event related to this Game, in any country, in any media (existing or future), without this use giving rise to any consideration other than the prize won, and this for a maximum period of 1 year.
In the event that a winner does not want to be, they must state so by letter sent to the following address: KAPORAL COLLECTIONS - Springtime Game ESHOP - 20, bd Ampère 13014 Marseille, within one month from the announcement of their win.
Article VIII: Rules consultation
The rules will be sent freely to any person making a request in writing by letter before the Game closing date to the following address: KAPORAL COLLECTIONS – Springtime Game ESHOP – 20, bd Ampère 13014 Marseille.
The complete rules can also be found online on http://www.kaporal.com/en_fr/jeu-kaporal-reglement
Article IX: Amendments to the rules
The rules may be amended at any time in the form of an amendment by the Organiser. The amendment will be published online at http://www.kaporal.com/en_fr/jeu-kaporal-reglement. It will enter into force from when it is placed online and all participants will be deemed to have accepted through their participation in the Game, from the effective date of the change. Any participant refusing the amendments made must stop their participation in the Game.
Article X: Reimbursement of Game expenses
1. Terms of reimbursement:
For reimbursement of the Game participation expenses and to see the Rules as well as for any possible postage and/or photocopying expenses, simply make the joint request within 30 days after the closing date of the Game (with post office stamp as postmark) to the Game address: KAPORAL COLLECTIONS - Springtime Game ESHOP - 20, bd Ampère 13014 Marseille, clearly stating the following information: full name, complete postal address, date and time of participation. The refund request must be accompanied by a bank RIB, or RIP RICE [account details from French banks] and a copy of the participant’s internet service provider's invoice showing: firstly, the exact nature of the internet service provider’s provision, and its billing method (unlimited, flat rate, etc.) and, secondly, the date and time of connection corresponding to the participation in the game clearly underlined or highlighted by the participant.
Given that in the current state of service and technology offerings, some internet service providers offer a free or flat rate connection to internet users, it is expressly agreed that any access to the site made on a free or flat rate basis (especially such as cable connection, ADSL or specialised link) shall not give rise to any reimbursement, to the extent that the subscription to the provider’s service is in this case entered into by the user for their use of the internet in general and that the fact that the participant connects to the internet to participate in the site does not cause any additional fees or charges. To be reimbursed are only the costs caused by participation, carried out as part of an Internet access charged by the minute. Connections from a mobile device will not be refunded.
Any correspondence presenting an anomaly (incomplete, illegible, insufficient postage) will not be considered. Only one request for reimbursement per participant registered to the Game and per envelope will be accepted (same name, same address).
2. Amount of reimbursement for Internet connection costs:
The potential cost of the Internet connection to find out the rules will be reimbursed (excluding connections from mobile devices), on the basis of a 2 minute connection, or the total sum of 0.20 euro inc. VAT (0.10 euro per minute).
No other connection cost will be refunded since, to participate in the Game, the customer has no other actions to take in addition to the purchase for which they visited the site, which generates no additional expense.
3. Amount of reimbursement for postage and photocopies of supporting documents:
Costs for the reimbursement or rules sending request will be reimbursed based on the rate in force in France for a letter of 20g. Photocopying expenses for any evidence to be provided will be reimbursed on the basis of 0.15 euro inc. VAT per sheet.
4. Reimbursement methods
Reimbursement will be done by cheque or bank transfer or postal stamps, at the choice of the Organiser, sent within 60 days of receipt of the request, after checking the validity of the request, including compliance of information contained in the reimbursement request letter with the information recorded on the order form on the site.
In addition, the Organiser will not be liable for any reimbursements if the participation was not in compliance with these rules, or if the request was not made in the manner and deadlines detailed above.
In addition, the Organiser has put in place the necessary technical means to demonstrate the participation or non-participation of a user via their order. It is therefore agreed that, absent any manifest error, the data in the IT systems of the Organiser have probative value as to the connection elements and information resulting from computer processing relating to the Game.
Article XI: Responsibilites
Participation implies knowledge and acceptance of the characteristics and limitations of the Internet, the lack of protection of certain data against possible misuse or piracy and risks of contamination by viruses circulating on the network.
The Organiser declines any direct or indirect responsibility for misuse or incidents related to the use of the computer, Internet access, maintenance or malfunction of the Game’s servers, telephone line or any other technical connection, sending forms to an incorrect or incomplete address.
More specifically, the Organiser can not be held responsible for any damage, material or immaterial, caused to participants, their computer equipment and the data stored therein, and the possible implications on their personal, professional or commercial activities.
It is up to each participant to take all appropriate measures to protect their own data and/or software stored on their computer equipment from any damage. The connection of any person to the site and players’ participation in the Game is done under their own complete responsibility. The Organiser can not be held responsible for fraudulent use of connection rights, or allocation of lots to a participant, except through the demonstration of the existence of gross negligence on the part of the Organiser. The Organiser reserves the right to disqualify any participant attempting to alter the course of the registration to the Game and to cancel, shorten, modify, postpone, extend or suspend the Game, in cases where the computer servers of the game present malfunctions resulting in particular from bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause due to the actions of this participant and which could affect the administration, security, fairness, integrity or proper conduct of the Game. In cases where the computer system assigns allocations unscheduled in these rules, the messages that might have informed participants of a win would be considered null and void.
The Organiser will make their best efforts to provide access to the Game. The Organiser may, at any time, including for technical reasons, updates, maintenance, interrupt access to the site and to the Game. The Organiser will in no way be responsible for these interruptions and their consequences. No compensation can be claimed as such for this.
Participants are informed that by accessing the Game’s website, a cookie may, where required, be stored on the hard drive of their computer. This is a small computer file used to record their site navigation.
Cookies are used to identify each participant or each customer to enable them to more quickly access information by avoiding re-entry of details. They can in no case damage the data present on their computer.
In addition, the Organiser shall not be held responsible for malfunctions in the Internet, or delays, loss or damages arising from postal and management services.
Their responsibility shall in no case be engaged in cases of delivery problems or loss of postal or electronic mail (including in particular the delivery of allocations). In addition, any prizes unclaimed before May 31st, 2017 at 23:59 will be lost to the participant and will remain the property of the Organiser.
Finally, the responsibility of the Organiser may not be sought regarding any incidents that may arise from the use or non-use of the prize awarded.
Article XII: IT and Data Protection
The personal information collected are done so as part of the order placed on the site, not in connection with participation in this Game. This information is processed in compliance with the “French Data Protection Act" of January 6, 1978 August 6th, 2004. All customers of the Organiser, incidentally participating in the Game, have, under Article 27 of this law, the right to access, amend, delete or rectify data concerning them with the Organiser this game and, during the game, with: KAPORAL COLLECTIONS – Springtime Game ESHOP– 20, bd Ampère 13014 Marseille.
The information will not be sold, exchanged or transferred to third parties in any way whatsoever.
Article XIII: Intellectual property rights
The images used on the Organiser’s website, the objects represented, the brands and commercial names mentioned, the site graphics, IT and databases, are the exclusive property of their respective holders and can not be copied, reproduced or used without the written consent of the latter, under penalty of civil and/or criminal action.
Any resemblance of characters or elements of the Game with other fictitious characters or other already existing game elements is entirely coincidental and can not engage the responsibility of the Organiser or their service providers.
Article XIV: Applicable law and jurisdiction
Participation in this Game implies unconditional acceptance (i) of these rules and all of its provisions, (ii) the ethical rules in force on the Internet (netiquette, code of good conduct, etc.) and (iii) the laws and regulations in force on French territory and in particular the provisions applicable to gaming and lotteries in force. There will be no response to any telephone or written requests concerning the interpretation or application of these rules, the mechanisms or terms of the Game, nor regarding the list of winners. In case of dispute, only a registered letter with acknowledgement of receipt will be admissible, sent within a maximum of 30 days following the end date of the Game.
Except in cases of manifest error, it is agreed that information arising from the Organiser’s Game systems have probative value in any dispute as to the connecting, control and computer processing elements of said information, related to the Game and to orders made via the site.
Prior to any legal action related to or in connection with these rules (particularly their application or interpretation), participants agree to put forward an amicable and gracious appeal to the Organiser.
Participants are subject to the French regulations applicable to Games and competitions. Any dispute that can not be settled amicably will be submitted to the competent courts, which depend on the registered office of the Organiser, unless legal orders request otherwise.
In the event that any provision of these rules is declared null and void, this would in no way affect the validity of the rules themselves and all other clauses would retain their force and scope.