GAME RULES. Cannes Festival 2018 Photo Game

Transcription

1 GAME RULES Cannes Festival 2018 Photo Game Article 1: Organiser The company Orange (hereinafter the Organiser ), a Public Limited Company (société anonyme) with capital of 10,640,226,396 and registered with the Companies Register of Paris under number , with head offices at 78 rue Olivier de Serres Paris Cedex 15, is organising a free game with no purchase required called the Cannes Festival 2018 Photo Game (hereinafter the Game ) during the Cannes Festival Article 2: Game Duration The Game will start on 8 May at 12pm and will end on 19 May 2018 at 11:59pm (as per French date and time of login). Article 3: Game entry requirements By taking part in the Game, participants unreservedly agree to abide by these rules (hereinafter the Rules ), in their entirety, rules of ethical practice in force online, and the laws, regulations and other texts applicable in France. Non-compliance with the terms for participation set out in the Rules will lead to an entry being null and void. The Game is open to any adult individual (hereinafter the Participant(s) ). The following may not take part in the Game: children, Organiser employees and people who helped develop the game, directly or indirectly, in any manner, notably people working for the Organiser and their family members (same name and address). Participation shall only be considered for those who comply with all the stipulations of these Rules. For this purpose, the Organiser reserves the right to carry out any checks that it deems appropriate to verify the identity, age and contact details of each Participant. Any information provided by a Participant to register for the Game under the terms described in clause 4 below which is incomplete, incorrect, false or does not allow the Participant to be identified or located shall result in the cancellation of their participation in the Game. Any fraud or attempted fraud, which involves not complying with these Rules in order to unduly gain a prize, or any malicious intent to affect the operations of the Game, could lead to the removal of the perpetrator, the Organiser reserving the right to launch legal proceedings against them. In addition, if it is discovered that the Game is disrupted by third parties, but a Participant is complicit in their actions, their entry will also be considered as void and proceedings could be brought against them by the Organiser. Article 4: How to enter and register for the Game 4.1 Participation in the Game via the machines

2 The Game can be entered via one of the 4 machines made available to the Participants for 5 hours a day during the Game's period of validity. The 4 terminals are located in Cannes at the following locations: - Quai Saint-Pierre near to the Old Port - Square Reynaldo Hahn near to the Carousel - Boulevard de la Croisette near to Plage Miramar - Boulevard de la Croisette near to the restaurant Bâoli To take part in the Game via the machines, each Participant must: 1) Visit one of the 4 machines at the locations mentioned above. A hostess will be available at each machine to explain the system to the Participants. 2) Choose to Play the Cannes Festival 2018 Photo Game. 3) Mimic one of the following emotions in a photograph: - Chill/Fear - Laughter - Anger - Surprise 4) Confirm your entry by providing your details (surname, first name, personal address) The photographs will then be automatically published online on the website cannes.orange.com to be submitted to a public vote. Participants can also retrieve the photo via the URL link which is sent to them in order to share it on social media if they so wish. 4.2 Participation in the Game via the website To take part in the Game via the website, each Participant must: 1) Mimic one of the following emotions in a photograph: - Chill/Fear - Laughter - Anger - Surprise 2) Go to the website cannes.orange.com 3) Provide your details (surname, first name, personal address) 4) Publish the photograph on the website cannes.orange.com to submit it to a public vote. 4.3 Exclusions The following photographs will be rejected ipso jure (non-exhaustive list): - black and white - immoral and/or contrary to public order (photos that are pornographic, xenophobic, defamatory, abusive or slanderous against third parties, etc.) - contrary to the privacy or rights of third parties

3 - deemed political and/or sensitive by the Organiser Article 5: Procedures for naming Winners 5.1 Public Prize During the Game, the Public prize will reward the 3 photographs which received the most likes on the website cannes.orange.com amongst all photographs taken, regardless of the Game entry method. 5.2 Jury's Prize The Jury s Prize will reward the best photograph in each of the categories of emotions noted in article 4 from all the photographs taken, regardless of the Game entry method. The 5-person jury will meet on 30 May 2018 to choose the 4 Jury s Prize winners based on the criteria given in article 4 and at their discretion. Article 6: Prizes 6.1 Description In accordance with the procedures for naming Winners set out in article 5, the Game has the following prizes: For the Public Prize: - 12 headphones with a unit value of 25 incl. VAT - 24 VR1 headsets with a unit value of 31 incl. VAT For the Jury's Prize: 4 Samsung Gear Fit 2 Pro smart watches with a unit value of 229 incl. VAT The estimated values of these prizes on the date of drafting the Rules are only indicative and are subject to variation. Each prize on offer only includes what is listed above and does not include any other item. None of the prizes allocated may be the subject of a dispute of any kind by any of the Winners. Each prize allocated is strictly personal, meaning it may not be transferred or sold to any third party; it may not be the subject, by the Organiser, of any reimbursement in cash or any exchange or award of the total or partial equivalent value thereof in kind or in cash. However, in the case of force majeure as defined by law and case law, the Organiser reserves the right to replace any of the stated prizes with an allocation of equal value and/or similar features Winner notification and distribution of prizes For the Public Prize, each Winner will be informed by an sent to their personal address as provided when registering for the Game. Within 7 days of receiving this

4 notification, they must send a reply to the Organiser that they accept their prize and provide their address to receive their prize. For the Jury s Prize, the Winners will be informed of their victory by within 1 day after the Jury s results are published. Within 7 days of receiving their winning notification, each Winner must send a reply to the Organiser that they accept their prize and provide their address to receive their prize. Each prize will be sent by post to the Winner at the address indicated within approximately 5 weeks from the date of receipt of the Winner s address by the Organiser. The Organiser cannot be held responsible for transport of the prizes. The Organiser cannot be held responsible for any theft, damage or loss occurring during delivery. Furthermore, the Organiser cannot be held responsible under any circumstances for loss and/or damage of the prizes by the postal service and/or improper operation of the postal services. Any prize which is not claimed by the Winner will be lost and will remain the property of the Organiser, which cannot be held liable for this circumstance. Furthermore, the Organiser will not be held liable for any incident or accident which occurs when using or enjoying the prize. It is expressly stated that the Organiser will not provide any service or guarantees regarding use of the prizes. Article 7: Consultation of the Rules The Rules can be consulted on the Game machines and online on the website cannes.orange.com during the Game. A copy of the Rules can also be sent by post to any person making a request in writing, including a separate sheet of paper with legible and complete details (surname, first name, postal address), within ten (10) working days following the end of the Game (as per the postmark) to the following address (hereinafter the Game Address ): ORANGE Communications and Branding Department Cannes Festival 2018 Photo Game 78 rue Olivier de Serres Paris In all cases, any incomplete or illegible request sent to an address other than the address mentioned above or sent after the expiration of the abovementioned deadline (postmark providing evidence thereof) shall be considered null and void. In the case of a possible extension or delay of the Game, the deadline to send requests to receive the Rules shall be similarly delayed.

5 Article 8: Reporting of the Winner s identity Solely through their participation in the Game, the Winner authorises the Organiser free of charge to use their surname and first name(s) as part of the Game. If the Winner does not wish to do so, they must report this to the Organiser at the Game Address. Article 9: Right to image Each Participant authorises the Organiser as part of Game promotion to distribute all or some of the photographs including their image via the website cannes.orange.com and social media of the Organiser and its service providers Cheerz and Wipplay. This authorisation is given free of charge, for the entire world and for a period running until 31 May Article 10: Amendment of Rules The Organiser reserves the right, at any time and without notice or obligation to justify its decision, to shorten, extend, delay or cancel the Game as well as to amend any or part of the terms of access and/or the terms for the implementation of the Game, in the case of force majeure or events beyond its control, without it being held liable and without any compensation being claimed from it as a result. Article 11: Liability The Organiser's liability is strictly limited to the issue of prizes actually and lawfully won The Organiser shall do its best to provide access to the Game at any time, without being bound by any obligation to do so. The Organiser may, at any time, particularly for technical reasons or for updates or maintenance, interrupt access to the Game. The Organiser will not be held responsible for these interruptions or their consequences under any circumstances The Organisers may cancel all or part of the Game if it becomes apparent that fraud has occurred in any form whatsoever, notably by computerised means, within the framework of participation in the Game or in deciding on the Winners. In this case, it reserves the right not to allocate prizes to fraudulent parties and/or to have them prosecuted before the competent courts for this fraud. It may not in any case be held liable in any way with respect to Participants for the fraud possibly committed. Article 12: Agreement on evidence The Organiser has used the necessary technical resources to be able to demonstrate whether or not a Participant has participated in the Game. It is therefore agreed that, except in the event of a manifest error, the data contained in the Organiser s information system constitutes evidential proof in respect of connection elements and information resulting from computerised processing relative to the Game.

6 It is agreed that, except in the case of obvious error, the Organiser may rely, especially for the purpose of proving any act, event or omission, on the programs, data, files, entries, transactions and other elements (such as progress reports or other statuses) that are physical or are in a computerised or electronic format or medium, drawn up, written or kept directly or indirectly by the Organiser, particularly in its information systems. The Participants undertake not to dispute the admissibility, lawfulness or evidential value of the physical elements or those that are in an abovementioned computerised or electronic format or medium, on the basis of any legal provision of any kind and which specifies that certain documents must be written or signed by the parties to constitute evidence. Thus the elements considered constitute evidence and, if they are produced as means of evidence by the Organiser in any litigation or other proceedings, they shall be admissible, valid and binding on the parties in the same way, under the same terms and with the same evidential value as any document that may be drafted, written or kept in writing. Article 13: Intellectual property Any creations, names or trademarks mentioned in the Rules as well as in any communication medium related to the Game, shall remain the exclusive property of their author or depositor. Article 14: Data protection - Personal data The personal data collected as part of the Game is obligatory. The Organiser processes the following categories of data: identifying data (surname, first name) and contact details (personal address). The recipients of personal data are the Organiser s teams and its partners and/or service providers solely for the purposes of organising and managing the Game. The data processed during participation in the Game is kept by the Organiser for 3 months after the end of the Game. Each Participant has the right to access, rectify and delete their data by writing to the Game Address (indicating their surname, first name, address, telephone number and attaching a copy of their ID). Each Participant also has the right to oppose or limit its use. In addition, it is also possible to request data portability. The Participant can contact the Organiser s Data Controller by writing to this same Address. A response will be sent within one month from receipt of the request. If discussions with the Organiser have not been satisfactory, the Participant will have the right to file a complaint with the French Data Protection Authority (CNIL), the authority responsible for ensuring compliance with data protection obligations in France. The Participant can also prepare guidelines regarding the storage, deletion or communication of their data after their death. Insofar as the data collected about each Participant as part of the Game is necessary to take their participation into account and to allocate the prize they may possibly win, the exercise

7 by a Participant of their right to withdraw before the end of the Game shall lead to the automatic cancellation of their participation in the Game. Article 15: Complaints In the event of any appeal or complaint, for any reason, the requests must be sent to the Organiser within 2 (two) months following the end of the Game (as per postmark). Requests must be sent in writing to the Organiser at the Game Address. No verbal or telephone requests will be answered. Article 16: Applicable law and competent courts These rules are governed by French law. Any dispute regarding this Game which cannot be resolved amicably will be submitted to the competent courts.