1. PURPOSE AND ACCEPTANCE OF THE RULES
The purpose of these rules (the "Rules") is to define the rules and procedures for participation in the marketing games (the "Game") organised by the Organising Company on behalf of the Partner Establishment, as defined in article 2 of the Rules.
The Rules are available on the Partnering Institution's application (the "Application") and on the Partnering Institution's website (the "Site").
2. ORGANIZING COMPANY AND PARTNER INSTITUTION
The company POKAWA (the "Partner Establishment") has used the services of the company BELORDER, S.A.S. registered in the Bobigny Trade and Companies Register under number 884 506 064, whose registered office is located at 18 rue Aimé Césaire, 93400 Saint-Ouen-sur-Seine, France, to organise the Game accessible on the Application (the "Organising Company").
3. CONDITIONS OF PARTICIPATION
The Game is open to any natural person of legal age (the "Player").
The following are excluded from the Game and may not participate
- officers and employees of the Partner Institution,
- officers and employees of the Partner Site's partners or any other company collaborating in the organisation of the Game.
Participation in the Game is free. Any Player who wishes to participate may be invited to perform one or more actions predetermined by the Partnering Establishment (leave a review, subscribe to the Partnering Establishment's page on social networks, etc.).
Participation in the Game is strictly nominative. It is strictly forbidden for the same Player to participate in the Game with several email addresses and/or from an account opened for another person.
4. DATE AND DURATION OF THE GAME
The exact dates and duration of the Game are specified on the Application and the Site.
The Partnering Establishment reserves the right, at the end of the dates provided above, to extend the Game under the same conditions. In this case, the new dates of the Game will be posted on the Application and the Site.
5. DESIGNATION OF THE WINNERS
The draws are carried out automatically following the Player's participation thanks to a random algorithm. For each participation, the algorithm will maximize the number of gifts distributed taking into account the quantities available as well as the average number of Players per week.
The winning Players following the draw (the "Winners") will then receive a "gift certificate" by email.
If it is found that a Player has won by failing to comply with these Rules, by fraudulent means, or by means other than those resulting from the process described by the Organising Company or by violating one of the conditions of participation, the Organising Company shall inform him/her that he/she has lost his/her status as a Winner by email, without prejudice to any possible legal proceedings that may be brought against him/her by the Organising Company.
6. DELIVERY OF THE LOT
The Partner Establishment will give each Winner a "gift coupon" by email containing a unique code and specifying the nature of the prize won (the "Prize"), the duration and terms of validity of which will be specified therein.
The nature of the Prize is specifically defined by the Partner Institution and may change at any time.
In order to receive the Prize, the Winner must present the "gift coupon" to the Partner Site staff to validate the "gift coupon" or insert the indicated promotional code directly on the Partner Site's Application or the indicated website, if applicable.
No dispatch of the Prize (in particular by post) will be accepted.
No discount of the Prize will be allowed in case of presentation of the "gift coupon" or integration of the promotional code beyond the validity period indicated in the email.
If a Winner refuses his/her Prize, the Winner loses the benefit of his/her Prize.
The prizes won cannot be exchanged, reimbursed or paid in cash.
In the event that the Prize won by the Winner is no longer available for reasons beyond the control of the Organising Company and/or the Partner Establishment, the latter reserves the right to substitute another Prize of the same type and of equivalent or higher unit commercial value for the Prize concerned.
7. LIMITATION OF LIABILITY OF THE ORGANISING COMPANY AND THE PARTNER ESTABLISHMENT
The liability of the Organising Company and/or the Partnering Establishment shall not be incurred if a Winner does not receive the results of the Game on his/her personal email (i) due to technical problems beyond the control of the Organising Company and/or the Partnering Establishment or (ii) if the Winner does not consult his/her email.
The liability of the Organising Company and/or the Partner Establishment cannot be incurred as a result of the communication of incorrect information, and in particular incorrect email addresses.
The Organising Company and/or the Partner Establishment shall not be held liable in the event of cancellation and/or disruption of connections for reasons beyond their control (such as, in particular, malfunctioning of the telecommunications or telephone installations of the Players, incorrect data entry).
8. OBLIGATIONS OF THE PLAYER
Participation in the Game implies a loyal, responsible and dignified attitude, including compliance with the rules of the Regulations.
The Player indemnifies the Organising Company and the Partner Establishment against any and all complaints, claims, actions and/or demands that they may suffer as a result of the Player's breach of any of his obligations or guarantees under the terms of the Rules.
Consequently, the Player undertakes to compensate the Organising Company and/or the Partner Establishment for any prejudice that they may suffer and to pay them all the costs, charges and/or sentences that they may have to bear as a result.
9. COMPLIANCE WITH THE RULES - PROHIBITED MANIPULATION
Participation in the Game implies full compliance with the Rules.
Players are prohibited from implementing or seeking to implement any participation process that does not strictly comply with the principles of the Game and these Rules.
- The Player is not allowed to use any program, mechanism or software that may interfere with the functions and/or operation of the Game.
- The Player may not perform any action that would cause an excessive slowdown of the technical capabilities of the Application.
- The Player is not entitled to block, modify or reformulate the content of the Game.
The Organising Company reserves the right to carry out any verification for the application of this article.
Any Player who commits fraud and/or alters the operation of the Game will also be deprived of any Prize(s) he may have won.
10. PERSONAL DATA
The Partner Establishment and the Organising Company undertake to comply with the requirements of the applicable regulations on the protection of personal data, in particular European Regulation No. 2016-679 of 27 April 2016 ("RGPD") and Law No. 78-17 of 6 January 1978 on information technology, files and freedoms.
The Partner Site has a personal data protection policy, the characteristics of which are set out in the document entitled "Personal Data Protection Charter", which the Player is expressly invited to read.
11. EXCLUSION FROM THE GAME AND LIABILITY OF THE ORGANISING COMPANY AND THE PARTNER ESTABLISHMENT
- The Organising Company and the Partner Establishment have the right to eliminate from the Game or not to take into account the participation of any Player who does not respect the provisions of the Rules.
- The Organising Company and the Partner Establishment may not be held liable for any damage whatsoever (personal, physical, material, financial or other) suffered by the Player as a result of participating in the Game or using a Prize.
- The Organising Company and the Partner Establishment may not be held liable if, in the event of force majeure as defined in article 1218 of the French Civil Code or of justified necessity, they are forced to cancel, shorten, suspend, extend or modify the conditions of the Game.
- The Organising Company and/or the Partner Establishment may cancel or suspend all or part of the Game if it appears that fraud has occurred in any form whatsoever. In this event, they reserve the right not to award a Prize to the fraudsters and/or to prosecute the perpetrators of such fraud before the competent courts. Except in the case of obvious errors, it is agreed that the information resulting from the Organising Company's computer systems shall have evidential value in any dispute as to the conditions of connection, the submission of contributions and the computer processing of said information relating to the Game.
- The Rules are governed by French law. In the event of a dispute relating to the interpretation and execution of the Rules, the Organising Company and/or the Partner Establishment shall seek an amicable solution to the dispute with the Player(s). Failing an amicable settlement, any dispute that may arise in connection with its validity, interpretation or execution shall be submitted to the competent courts.
If the Player has any questions about the Game, he/she is invited to contact the partner establishment.
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