NO PURCHASE NECESSARY. PARTICIPATION IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE CONTEST RULES. OPEN TO LEGAL RESIDENTS OF FRANCE, THE UNITED KINGDOM, THE UNITED STATES, MEXICO, JAPAN AND SOUTH KOREA. VOID WHERE RESTRICTED OR PROHIBITED BY LAW. Please read these rules which govern your participation in the Air Surfing Contest (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.
This Contest is in no way sponsored, endorsed, or administered by, or associated with GifBoom or Facebook. All Participants (defined below) are providing their information to the Organising Company, and not to GifBoom or Facebook. Any claims, complaints, and concerns should be directed to the Organising Company.
Article 2: Term
The Contest shall take place from Monday May 14, 2013 at 10:00 am Central European Time (“CET”) to Wednesday June 12, 2013 at 10:00 am CET (“Contest Term”).
Article 3: Terms and conditions of participation in the Contest
To be eligible to participate in the Contest, an individual must be (i) a resident of France (including overseas departments and territories and Corsica), the United Kingdom, United States, Mexico, Japan or South Korea, (ii) the holder of a valid GifBoom account, and (iii) at least 13 years of age or older (hereinafter the “Participant”). Any Participant that is below the age of majority, including those between the age of 13 and 18, must obtain permission from a parent or guardian to enter the Contest. Further, any Participant between the ages of 13 and 18, by entering the Contest, represents that s/he possesses legal parental or guardian consent to enter the Contest. Employees and representatives of Lacoste, Devanlay SA, its subsidiaries, affiliated companies, agents, and their immediate family members (defined as spouse, parents, siblings and children) and persons living in the same household, are not eligible to participate or win. The Organising Company reserves the right to verify eligibility and to adjudicate on any dispute at any time. All federal, state, and local laws and regulations apply.
Article 4: Procedure for entering 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 the Apple App 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.
Specifically, to enter, each Participant must (i) access his or her Application, (ii) use the Application to create a GIF that meets the GIF Requirements, as defined in Article 5 below; (iii) incorporate the keyword: “#Lacosteliveairsurf,” and share it through the Application (the “GIF”). 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.
Please note that the Organising Company will be reviewing GIFs shared through the Application. Although GIFs can be shared via other social media platforms including Twitter, Facebook, and Tumblr, Organising Company will not be reviewing GIFs posted to those sites for entry into the Contest. Participation in the Contest is voluntary. All GIFs become the property of the Organising Company and will not be acknowledged. All GIFs submitted in accordance with these rules shall collectively hereinafter be referred to as “Eligible Entries.” To be considered an Eligible Entry, the GIF must be received during the Contest Term.
Article 5: GIF Requirements
GIFs that are submitted in connection with the Contest will only be eligible if such GIF (a) includes an animated GIF using the Application that demonstrates the Participant’s love for nature, including a love for air and water. For example, the entrant can show a GIF of the ocean, the sky, or him or herself surfing , (b) includes the tag “Lacosteliveairsurf,” (c) does not include any other identifiable person(s) other than the Participant, (d) is submitted during the Contest Term, (e) is created, shared, and tagged using the Application, (f) complies with the Application terms and conditions and technical requirements, (g) contains the Participant’s original composition, and (h) does not contain content that is unlawful, slanderous, defamatory, vulgar, homophobic, racist, obscene, contrary to good morals and public order, or in violation of another party’s intellectual property rights (including trademark and copyrights), or is not in the general spirit of the Contest, as determined by Organising Company in Organising Company’s sole discretion (collectively, the “GIF Requirements”). Organising Company reserves the right to disqualify GIFs that Organising Company determines at any time in it is sole judgment fail to meet any of the GIF Requirements. All federal, state, local laws, as well as Application terms apply.
Article 6: Selection and notification of the winner
Winner selection will take place in two phases, including the following:
Phase One. Internet users shall vote for their favourite GIF on the Website and the Facebook Page between the dates of June 5, 2013 at 10:00 am CET to June 12, 2013 at 10:00 am CET (“Phase One Voting Period”). Specifically, During Phase One, Internet users are invited to vote for their favorite entry based on the GIF’s (i) creativity, and (ii) incorporation of air and surf. 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. Limit one vote per person/email address, per Video during the Phase One Voting Period. Persons must be over the age of eighteen (18) to vote. Votes must be recorded by the Organising Company’s before the end of the Phase One Voting Period.
Phase Two. At the end of the Phase One Voting Period, a panel of qualified judges will review the twenty (20) animated GIFs with the most number of votes from Internet users. Judges will select a potential winner based on the following criteria: (i) creativity, (ii) artistic quality, and (iii) how well the GIF demonstrates a passion for air and surfing.
Potential winners will be contacted at the email address used to create his or her GifBoom account within a period of 15 days from the date of selection. Failure to respond to the notification within 48 hours will result in disqualification. Except where legally prohibited, each potential winner may be required to sign and return, within seven (7) days of being notified (or within the time period stated on the notification), an Affidavit of Eligibility, Liability & Publicity Release (where legal) in order to claim his/her Prize. If any potential winner fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release (“Release Document”) within the required time period, or the Prize notification is returned as undeliverable or is ignored, or in the event that the potential winner is disqualified for any reason, the Organising Company will award the applicable Prize to the Participant receiving the next highest score from the judges. In the event of any indication that the identity or address provided is falsified, fraudulent, false, deceitful, incorrect or inaccurate, the entry will be voided. For Participants under the age of majority in their state/country of residence, the Prize will be awarded in the name of the Participant’s parent or legal guardian who must sign the Release Document and return it within the time periods specified above.
Odds of winning depend on number of entries received and the skill of the Participants. Organising Company’s use of third-party trademarks does not imply that any third party endorses, sponsors or is otherwise affiliated with the Contest, unless specifically stated herein. All trademarks are property of their respective owners. The Prize consists of only those items specifically listed. Expenses not specifically stated above (including, but not limited to taxes, fees, and other expenses), together with the reporting and payment of all applicable taxes, fees, duties, gratuities, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of the Prize, are the sole responsibility of the winner. Other restrictions, conditions, and/or limitations may apply. ORGANIZING COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRIZE.
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 7: Award of the prize
The Organising Company will award one (1) prize, which shall consist of the following:
- One or more coupons for a total value of € 1,000 (Approximate Retail Value (“ARV”)”): $1,311USD – as of April 29, 2013) to be used in a Lacoste L !ve online boutique accessible at the URL shop-fr.lacoste.com (France, UK, Mexico, Japan, South Korea only) or in-store (US only); and
- A Lacoste Lab surfboard for an indicative value of € 1,280 (ARV: $1,679USD – as of April 29, 2013) (the “Prize”).
The total ARV of the Prize is € 2,280 /$2,990USD. Actual values may vary and any difference between the stated ARV and the actual value will not be awarded. Restrictions, conditions, and limitations may apply. 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 or greater value or of the same nature, in the Organising Company’s sole discretion.
Article 8: Personal data
Entry to the Contest implies that each Participant shall submit personal data. 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.
Personal data collected shall be electronically processed by the Organising Company.
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 9: Use of the GIF created by the Participants and the winner at the end of the Contest; Winners List
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 8 above.
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. All those interested in the winners list can locate it on the Website or Facebook Page during that time.
Article 10: Liability
Participants and winners agree to release and hold harmless the Organising Company, and its affiliates, parent, and subsidiary companies, its employees, agents and officers, advertising and promotion agencies, as well as all others associated with the development and execution of the Contest, GifBoom and Facebook Inc. (collectively, the “Released Parties”), from and against any and all liability with respect to or in any way arising from the Contest, the prizes awarded in the Contest or in any filming, use or other activities related to the Prize offered in the Contest. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorised access to the Application, Website or Facebook Page, or any registration, voting or winner selection.
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 Prize 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 11: Intellectual property rights
Organising Company’s IP. 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.
Warranty. By entering the Contest, Participant warrants and represents that the GIF submitted by Participant is his/her own original work created and recorded by Participant, has not been previously published, has not won a previous prize or award, that Participant own or otherwise controls all of the rights to the GIF and the GIF submitted by Participant (including, without limitation, the rights in any photographs, music or video clips included in the GIF) and that the GIF submitted by Participant does not violate any law, regulation or any right of any third-party, including but not limited to rights of copyright, trademark, publicity and/or privacy. Please understand that submitting a GIF that is copyrighted by another individual, or otherwise subject to the rights of another individual, will make Participant responsible for any legal action the legal copyright holder might take against Participant or in relation to the GIF.
License. By submitting an entry into the Contest, Participant grants to the Organising Company the right, without limitation, to display the GIF, including without limitation the GIF and the recipe, online and in any media now known or hereinafter developed. Further, Participant agrees to grant to the Organising Company all rights of ownership, reproduction, and use of the GIF, for any purpose whatsoever without compensation or further permission, including but not limited to an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to assign, license, use, publish, edit, adapt, modify, alter, reproduce, distribute, broadcast, display, copyright, create derivative works or otherwise exploit the GIF for commercial or non-commercial use, and without compensation to Participant.
Article 12: 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 13: 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 14: 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.