Rules of Kaporal.com
Birthday Prize Draw

1.1 – Draw organisation

KAPORAL COLLECTIONS SAS, a company with share capital of 153,000.00 euros, Marseille Trade Register no. B 378 644 603, a registered office at 20, boulevard Ampère 13014 Marseille, France (hereinafter, "the Organising Company") is organising a prize draw with a requirement to buy called the " Kaporal.com Birthday Prize Draw", running from 6 December 2021 to 23 December 2021 , 23:59 French time (hereinafter, the "Draw"), in line with the arrangements set out here and French Act no. 2011-525 of 17 May 2011.

1.2 – Draw context

The Organising Company is running this Draw on behalf of its Kaporal brand.
The Draw is online only.
The Draw is announced on the following communications channel: the internet. The Organising Company reserves the right to use any other promotional channel.

Entering the Draw implies unqualified acceptance of and adherence to these rules available on the website on entry and at any time during the Draw at https://www.kaporal.com/fr_fr/jeu-anniversaire-reglement .

2.1 – Conditions for entering the Draw

The Draw is open to any natural person domiciled in mainland France or Corsica with an internet connection and valid email address who buys from www.kaporal.com during the Draw period, except:
• employees, staff (permanent and temporary), representatives and corporate officers of the Organising Company
• employees, staff (permanent and temporary), representatives and corporate officers of any company controlled by, controlled with or controlling the Organising Company
• employees, staff (permanent and temporary), representatives and corporate officers of its partners
• employees, staff (permanent and temporary), representatives and corporate officers of subcontractors
• employees, staff (permanent and temporary), and representatives of their boards
• anyone directly or indirectly involved in organising the Draw, its running, its implementation, its promotion or its facilitation, including but not limited to members of BBO Media Group companies
• employees, staff (permanent and temporary) and representatives of the independent adjudicator
• family members (ascendant, descendant and lateral) and partners (married, in a civil partnership and common-law) of these groups.

Participants aged under 18 must obtain permission from a parent or guardian before entering the Draw. The Organising Company may ask minor participants to provide proof of this permission and disqualify anyone who cannot do so.

Winners will have to provide proof of their age before being given their prize. 
The Organising Company may ask any minor winner to provide proof of permission granted for them to enter the Draw. The Organising Company reserves the right to draw another winner if the initial winner is a minor and cannot provide sufficient proof of this permission.

There are no limits on entry. For every order placed in line with Article III below, participants have a chance to be drawn at random as the winner. Entry is in an individual name. Participants cannot enter on behalf of someone else.

2.2 - Legitimacy of entry

The information and contact details provided by participants must be valid and correct. If not, they may be disqualified from the Draw and forfeit their win.

The Draw mechanisms may not be tampered with in any way. This includes attempting to change the results or influence the Draw or winner selection using automation or underhand activity. If it becomes clear that a participant has been drawn or apparently won a prize in contravention of these rules using fraudulent means such as automated search or an algorithm, or means other than those resulting from the process set out by the Organising Company on the Draw website or in these rules, they will forfeit their prize, which will remain the property of the Organising Company without prejudice to any legal proceedings against the participant taken by the Organising Company or third parties.

Anyone buying from www.kaporal.com during the Draw period is automatically entered into the prize Draw at no extra charge and without any special formalities.
Any client who does not want to enter the Draw should email serviceclient@kaporal.com or use this address to reject any prize they do win.

Orders must be placed by 23:59 (French time) on 31 December 2021. Only orders placed by this deadline can be entered into the draws.

Winners will be drawn at random. Draws will happen daily during the Draw period to select the winners from the previous day.
For every 10 (ten) orders on a particular day, 1 (one) order will be drawn at random the following day and the client will be declared a winner.

The prize in this Draw is a voucher for the amount of the order drawn at random (including delivery).

For example, if a winning order amounts to €80 including VAT (eighty euros including value-added tax) and delivery costs €5 including VAT, the client will win a voucher for €85 including VAT (eighty-five euros including value-added tax).

Vouchers can only be used at www.kaporal.com until 31 December 2021 inclusive.

Although this article explains the nature of the prize in this Draw, the number and value of vouchers cannot be set in advance as it is impossible to predict how many orders will be placed during the Draw period or how much each will amount to.
As a reminder, 1 (one) in 10 (ten) orders will be drawn at random to win a voucher.

Winners will be emailed by the Organising Company. The message will include their voucher code.

A code can be used after the winner's eligibility is checked. However, the Organising Company is not obliged to use systematic checks.

If a winner is aged under 18, their parent or guardian will need to give their permission and proof of this may be requested. If no proof is provided, the prize cannot be awarded and will remain the property of the Organising Company. However, the Organising Company is not obliged to use systematic checks.

Prizes cannot be contested, repaid in cash or subject to any compensation. In the event of force majeure, the Organising Company reserves the right to replace the advertised prize with one of equivalent value. Winners authorise checks of their identity, age and domicile: postal address, email address and IP (Internet Protocol) address. Any information about their identity or addresses (postal/email) that turns out to be incorrect will void their Draw entry and any vouchers already sent will be cancelled.

In accepting their prize, winners authorise the Organising Company to use their first name, surname and city in any promotional materials for the Draw in any country and on any channel (existing or future) without this giving rise to any compensation other than the prize won. The maximum duration for this use is 1 year. 
If a winner does not want their details to be used in this way, they should write to KAPORAL COLLECTIONS – Jeu anniversaire ESHOP – 20, bd Ampère 13014 Marseille, France within a month of their win being announced.

The rules can be sent free of charge to anyone who requests them by writing to KAPORAL COLLECTIONS – Jeu anniversaire ESHOP – 20, bd Ampère 13014 Marseille, France before the Draw closing date.

The complete rules can also be viewed online at https://www.kaporal.com/fr_fr/jeu-anniversaire-reglement .

The rules may be amended at any time if the Organising Company adds a supplementary clause. Such a clause will be published online at https://www.kaporal.com/fr_fr/jeu-anniversaire-reglement . It will apply from the moment it is uploaded, and it will be understood that participants have accepted it when they enter the Draw from the date the amendment comes into force. Any participant who rejects an amendment must retire from the Draw.

1. Refund terms:

For a refund of Draw participation and rule-viewing costs, and any postal and/or photocopying charges, simply send a request within 30 days of the Draw closing date (as proved by the postmark) to the Draw address: KAPORAL COLLECTIONS – Jeu Anniversaire ESHOP – 20, bd Ampère 13014 Marseille, France, providing the following information: first name, surname, full postal address, date and time of entry. Refund requests should be accompanied by a RIB, RIP or RICE and a copy of the internet provider's invoice containing: the exact nature of the internet service supplied and the billing structure (unlimited, flat-rate, etc.), plus the date and time of connection corresponding to Draw entry clearly highlighted by the participant.
With the current service and technical offerings available, some internet providers offer a free or flat-rate connection. Any website access using a free or flat-rate connection (such as cable, broadband or a dedicated line) cannot give rise to a refund where the user has taken out the supplier's services for their general internet use and their connection to the website and Draw entry do not incur extra costs or fees. Only costs incurred by participants using an internet service billed according to time spent online will be refunded. Connections from mobile devices will not be refunded.

Refund requests containing anomalies (incomplete, illegible or improperly stamped) will not be accepted. Only one refund request is accepted per Draw participant and per envelope (same name and address).

2. Refund amount for internet connection costs:

Any internet connection costs incurred viewing the rules will be refunded (excluding connections from a mobile device) on the basis of a 2-minute connection, or a total of 0.20 euros including VAT (0.10 euros per minute).
No other connection costs will be refunded as to enter the Draw the client need do nothing more than buy online as planned, which does not incur any extra costs.

3. Refund amount for postal and photocopying costs:

Any costs incurred requesting a refund or sending the rules will be refunded on the basis of the "tarif lent" postal rate in France for a 20g letter. Any photocopying costs for participants providing evidence will be refunded on the basis of 0.15 euros including VAT per sheet.

4. Refund process:

Refunds will be issued by cheque, bank transfer or postage stamp (the Organising Company will choose) sent within 60 days of the request being received. The request will be checked to ensure it is valid and the information in the request matches the information on the website order form.

The Organising Company will not issue a refund if an entry does not comply with these rules or a request is not submitted in line with the process above.

The Organising Company also uses the necessary technical measures to prove user participation or non-participation via their order. It is therefore understood that, unless there is an obvious error, the data on the Organising Company's information systems can be used as probative evidence for connection elements and information resulting from technological processing associated with the Draw.

Entry implies knowledge and acceptance of the characteristics and limits of the internet, the absence of protection stopping certain data being misappropriated or pirated and the risk of contamination by any viruses on the network. 
The Organising Company cannot be held directly or indirectly liable for any misuse or incident relating to computer usage, internet access, the maintenance or breakdown of Draw servers, the telephone line or any other technical connection, or forms being sent to the wrong or an incomplete address.
More specifically, the Organising Company cannot be held liable for any material or intangible damage to participants, their devices or the data they store, or for consequences for their personal, professional or commercial activity.
Each participant must take the appropriate measures to protect their own data and/or software stored on their device against attacks. Participants are responsible for their own connection to the website and entry in the Draw. The Organising Company cannot be held liable for fraudulent use of connection rights or prize allocation, unless there is evidence of serious misconduct on its part. The Organising Company reserves the right to disqualify any participant who tampers with the Draw entry process and to cancel, cut short, amend, postpone, extend or suspend the Draw if the Draw servers malfunction due to bugs, tampering, an unauthorised intervention, fraud, technical anomalies or any other cause attributable to the participant that could affect the administration, security, fairness, integrity or smooth running of the Draw. If the computer system allocates prizes not foreseen by these rules, messages informing participants of a win will be considered null and void.
The Organising Company will do its best to allow access to the Draw. It can interrupt access to the website and Draw at any time, including for technical reasons, updates and maintenance. It cannot be held liable for such interruptions and their consequences. No damages can be awarded for this reason.
Participants should note that a cookie may be stored on their device's hard disk when they access the Draw website. This is a small file that records their website browsing. 
Cookies help identify each participant or client so they can access information more quickly without having to re-enter data. Cookies cannot damage the data on a device. 
A participant can refuse cookies or choose to be warned if they are stored on their hard disk by changing their browser settings (see browser conditions of use for more information). When these settings are changed, the participant can still access the Draw website and participate in the Draw.

The Organising Company cannot be held liable for internet network malfunctions, or for delays, losses or damage caused by postal and processing services.
It cannot be held liable if there are any issues with sending or losing post or emails (including sending out prizes). Any prize not used by 23:59 on 31 December 2021 will be forfeited by the participant and become the property of the Organising Company.

Finally, the Organising Company cannot be held liable for any incidents arising from the use or non-use of the allocated prize.

Personal data is collected to fulfil the order placed on the website and not for entry into the Draw. This data is processed in line with the French Data Protection Act of 6 January 1978 amended on 6 August 2004. All Organising Company clients who incidentally participate in the Draw have the right, under Article 27 of this Act, to access, amend, delete or correct their personal data by contacting the Organising Company, during the Draw period, at KAPORAL COLLECTIONS – Jeu anniversaire ESHOP – 20, bd Ampère 13014 Marseille, France.
Data will not be sold, exchanged or given to third parties in any way.

The images used on the Organising Company website, the items represented, the brands and the trade names mentioned, the graphic elements, the IT elements and the databases used are the exclusive property of their respective rights holders and cannot be extracted, reproduced or used without written permission from the latter, or civil and/or criminal litigation may be conducted.

Any resemblance of the people or elements associated with the Draw to fictitious characters or other existing game elements is purely coincidental and the Organising Company and its suppliers cannot be held liable.

Draw entry implies unqualified acceptance of (i) all these rules, (ii) internet standards (netiquette, codes of conduct, etc.), and (iii) current laws and regulations in French territory including provisions applicable to games and lotteries. No reply will be given to any telephone or written request regarding the interpretation or application of these rules, the Draw mechanisms or arrangements, or the list of winners. If there is a dispute, only a letter sent by registered post within 30 days of the Draw end date will be accepted as notification.

Unless there is an obvious error, the information resulting from the Organising Company's Draw systems can be used as probative evidence in any dispute regarding connection and order elements and technological processing of this information associated with the Draw and orders placed on the website.

Before any legal action to do with these rules (including their application or interpretation), participants undertake to try to come to an amicable resolution with the Organising Company.

Participants are subject to French game and competition regulations. Any dispute that cannot be amicably resolved will go before the courts in the Organising Company's registered office region unless alternative public order provisions are made.

If any of the clauses in these rules are declared null and void, this will not affect the validity of the rules as a whole and all other clauses will remain in full force.