Please read these rules which govern your participation in the Contest attentively. By entering the contest, you confirm that you agree fully and unconditionally to abide by these rules and by the terms and conditions of use of GifBoom services.
Article 1: Organising Company
Lacoste, a limited company with a capital of € 219,520, listed in the Paris Trade and Companies Register under the number 542 011 606, and whose head office is located at: 8 rue de Castiglione 75001 Paris France, (hereinafter referred to as the “Organising Company”), is organising a free contest, called “Air surfing” (hereinafter referred to as the “Contest”). No purchase is necessary to enter or win.
The Contest shall take place from Tuesday May 14, 2013 to Wednesday June 12, 2013 at 10:00 am.
Article 2: Terms and conditions of participation in the Contest
This Contest shall be open exclusively to any individual over 13 years of age, residing in France (including overseas departments and territories and Corsica), in the United Kingdom, United States, Mexico, Japan and South Korea (hereinafter the “Participant”), excluding staff members of companies participating directly or indirectly in the organisation and/or in the conduct of the Contest and their families.
Minors should have the prior consent of their parents or of their legal guardian to be able to participate.
Participation in the Contest shall be strictly personal, limited to one entry per person (same surname, first name and address) and/or GifBoom account, and shall imply the full acceptance of these rules in all its provisions, applicable code of ethics (code of good conduct, adherence to principles of morality, etc.), as well as of the laws and regulations applicable to contests in France.
Failure to comply with the terms and conditions of participation set out in these rules shall result in the disqualification of the entry.
Article 3: Procedure of the Contest
To enter the Contest, the Participants should have downloaded the mobile application “GifBoom: Animated GIF Camera” (hereinafter referred to as the “Application”) to their mobile phone and should have a user account.
The Application is accessible from Apple Store and Google Play.
Internet users wishing to participate are therefore invited to go to the Application and create their own animated GIF. Animated GIF (Graphics Interchange Format) means an animated digital image format.
The Internet users shall then confirm their entry by sharing their animated GIF by associating it with the following keyword: “#Lacosteliveairsurf”.
Their entry shall not be valid unless the GIF is shared with the abovementioned keyword.
The Participants may share the GIF on the Application but also on their Twitter, Facebook or Tumblr account.
The Participants are hereby informed that data collected by the Application when their animated GIF is created and shared (Gif, surname and first name of the creator, date of publication) shall be used by the Organising Company, with the authorisation of GifBoom, to post the Participants’ GIFs on the Website www.lacoste.com/live (hereinafter referred to as the "Website”) and the Lacoste page on Facebook (www.facebook.com/LacosteLive) (Hereinafter referred to as the “Facebook Page”).
By entering the Contest, the Participants agree that this data may be used by the Organising Company to post their GIFs on the Website and on the Facebook Page and to submit them to the vote of other Internet users.
All GIFs that are vulgar, pornographic, homophobic, racist, obscene, violent or otherwise in violation of any laws and/or contrary to good morals and public order shall be rejected.
Article 4: Selection of the winner and prize
Internet users shall vote for their favourite GIF on the Website and the Facebook Page during the entire duration of the Contest.
Internet users shall be able to access the GIF by clicking on the corresponding image.
To vote, Internet users should complete the captcha form that appears and click on the “VOTE” button.
Internet users may vote only once for the same GIF.
At the end of the Contest, the Organising Company shall select the winner from the twenty animated GIFs with the most number of votes from Internet users. The winner shall be selected by a jury based on the following criteria: creativity and artistic quality.
The Organising Company reserves the right to select one or more substitute winners.
The winner shall win the following prize:
- One or more coupons for a total value of £ 1,000 to be used in a Lacoste L!VE online boutique accessible at the URL http://shop-uk.lacoste.com/
- A Lacoste Lab surfboard for an indicative value of £2,500
The prize may neither be exchanged nor negotiated with the Organising Company and may not be exchanged for cash. Likewise, the prize shall not give rise to any dispute whatsoever by the winner.
Moreover, the prize is not transferable and therefore may not be transmitted to a third party.
The Organising Company reserves the right to substitute the prize offered at any time with a prize of equivalent value or of the same nature.
Without prejudice to any legal proceedings and its right to cancel the Participant’s entry, the Organising Company shall have no obligation to send any prize to the winner if the latter has not given his/her contact details correctly or legibly, if he/she has evidently, by any means whatsoever, tampered with the outcome of the Contest or has not complied with these rules.
Article 5: Award of the prize
The selected winner shall receive an email to the address he/she entered during the creation of his/her Gifboom account, within an indicative period of 15 days from the end of the Contest, informing him/her that he/she has won the Contest, indicating the procedure for claiming his/her prize.
If the winner does not show up within 48 hours from the time this email is sent, he/she will be deemed to have forfeited the prize and the prize shall not awarded again. The Organising Company reserves the right to contact the alternate winner.
Article 6: Personal data
Entry to the Contest implies that each Participant shall submit personal data.
Personal data collected shall be electronically processed by the Organising Company.
It shall be used for organising the Contest and for sending prizes to the winners.
The Organising Company undertakes not to retain the collected data after the Contest.
In accordance with the French Data Protection Act of 6 January 1978 amended by the Act of 6 August 2004, the Participants shall have the right to access, oppose, correct or delete all data about them. These rights may be exercised at any time by sending a written request indicating their surname, first name and electronic and postal address to the following address: Devanlay E-Commerce - Jeu “Air Surfing” 23-25 rue de Provence 75009 Paris.
The data collected is essential for taking part in the Contest. As a result, those who may exercise the right to delete data concerning them before the end of the contest shall be deemed to have withdrawn their entry.
Article 7: Use of the GIF created by the Participants and the winner at the end of the Contest
By entering this Contest, Internet users expressly authorise the Organising Company to post their GIFs on the Website and the Facebook Page for a period of 1 year from the end of the Contest.
They may nevertheless exercise their right to delete them subject to the provisions set out in Article 6.
The winner shall authorise the Organising Company to post his/her GIF and his/her surname and first name on the Website, the Facebook Page and other social networks (such as but not limited to Twitter, Pinterest, etc.) for a period of 1 year from the end of the Contest.
Article 8: Liability
The Participants shall declare that they own the rights to use their GIF and guarantee the Organising Company that the GIF submitted as part of the Contest is an original creation and that it does not infringe on the rights of third parties.
The Organising Company’s liability is strictly limited to the delivery of the prizes actually and validly won.
The Organising Company may cancel or suspend all or part of the Contest if it appears that frauds of any kind have been perpetrated or that Participants have not complied with the rules. In such cases, the Organising Company reserves the right, where appropriate, to take any legal action it might deem necessary.
The Organising Company reserves the right to carry out all necessary verifications about the identity of the Participants. Any fraudulent declaration shall automatically result in the elimination of the Participant from this Contest.
The Organising Company shall not be liable in any way in the event of a malfunction of the Internet, telephone lines or data capture equipment preventing the proper conduct of the Contest. In addition, it shall not, under any circumstances, be liable for problems with the sending or loss of email or mail.
The Organising Company reserves the right to shorten, extend, postpone, modify or cancel this Contest as circumstances may require. It shall not be liable in any manner as a result of so doing.
The Organising Company shall not be liable for any incidents that might occur during the enjoyment of the prize won.
Article 9: Intellectual property rights
The trademarks, logos or company names appearing on the Website or the Facebook Page are the exclusive property of the Organising Company and are protected by intellectual property rights. They may not be used or reproduced, in any form whatsoever, without the consent of the Organising Company. Similarly, any reproduction or representation of all or part of the elements comprising the operation, on any medium whatsoever, is expressly prohibited without the prior consent of the Organising Company.
Article 10: Refund
The Organising Company agrees to refund the telephone costs incurred to log in and take part in the Contest to all Participants who make the request thereof.
The refunded amount is fixed at EUR 0.22 on a flat-rate basis per request. This corresponds to a flat-rate estimate of the ADSL connection time during the participation period.
The request for refunding the entry to the Contest is limited to one per household (same surname, same postal address) during the entire duration of the Contest.
The request for refund must:
• Be sent in writing, in an envelope with the applicable second class stamp, to: Devanlay Service Communication - Jeu “Air Surfing” - 23-25 rue de Provence 75009 Paris.
• Reach the Organising Company within one month following the end of the Contest (as evidenced by the postmark)
• State the Participant’s surname, first name and postal address
• State the dates, time and duration of connection to the sites
• Include the copy of the detailed bill from the telephone operator and/or Internet service provider to which he/she is subscribed (except in the case where the Internet service provider refuses to provide a detailed bill), showing the date and time of his/her connection to the site clearly highlighted;
• Be accompanied by statement of bank account details.
Where appropriate, stamp costs incurred for making such a request shall be refunded by the Organising Company, for the applicable second class rate, following a request made along with the request to refund the connection costs.
Costs incurred on the photocopies of supporting documents shall be refunded at the rate of EUR 0.15 per sheet, on request made at the same time as the request to refund the connection costs.
The refund shall be made by bank transfer within 60 days of receipt of the request, after verification of the merit of the request and in particular, the compliance of the information contained in the refund request letter with the information recorded in the registration form entered on the website.
Any refund request sent via electronic mail shall not be considered.
Given the current state of service offers and technique wherein some Internet service providers offer a free or package connection to users, it is expressly agreed that any access to the Application, the Website or the Facebook Page free of charge or in a package (such as connection via optical fibre, cable, ADSL or specialised link) may not give rise to any refund, insofar as the subscription to the Internet provider is made by the Participant for his/her general Internet use and that logging into the website and taking part in the Contest does not entail any additional expense or disbursement.
Article 11: Deposit and consultation of the rules
Entry to the Contest implies the full acceptance of these rules deposited with SCP NADJAR & Associés, Court Bailiffs, whose office is located at 164, avenue Charles de Gaulle 92523 Neuilly-Sur-Seine cedex.
The rules may be consulted at any time on the Website and on the Facebook Page at the tabs provided, during the entire duration of the Contest.
The rules may also be sent free of charge to any person who so requests during the duration of the Contest. This request must be sent to the following address: Devanlay Service Communication - Jeu « Air Surfing » - 23-25 rue de Provence 75009 Paris.
The stamp costs for requesting the rules shall be refunded based on a second class rate (20 grams), upon written request along with the request for rules, accompanied by a statement of bank account details. Only one refund shall be granted per entry (same surname, same postal address).
These rules may be changed by the Organising Company at any moment in the form of an amendment, which shall be notified by an online announcement in the Website. The amendment shall be submitted to the abovementioned court bailiff, depository of the rules, prior to the publication thereof on the Website.
Article 12: Applicable law - Disputes
These rules shall be governed by French law.
Any dispute concerning the interpretation and/or cases not provided for in these rules shall be decided by the Organising Company. No dispute or claim shall be taken into consideration after a period of one month from the date of closure of the Contest.