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SWEEPSTAKE
VOID WHERE PROHIBITED OR RESTRICTED BY LAW
Official Rules
Article 1 – Organising Company
NA PALI SAS, a simplified joint stock company with a capital of 5.067.884 €, registered with the Bayonne trade register (RCS) under number 331 377 036, and with its head office at 162 rue Belharra, in Saint Jean de Luz, France (hereafter referred to as the “Organising Company”), is holding a sweepstake with purchase necessary from December 16th 2021, 00:01 to December 25th 2021, 23:59 via the website https://www.elementbrand.fr/ or corresponding websites in contestant’s residing Country (the “Site”) (the “Game”).
Article 2 – Entry requirements
The Game is open to any individual who has reached the age of majority, residing in Italy, France, Spain, Germany, UK (the "Countries"). Employees, officers, principals, directors or agents (and their family members, whether related by blood, adoption, marriage, civil partnership or cohabitation, and those living in the same household) of the Organising Company or any other company of the Boardriders group, affiliates advertising agencies, public relations agencies or prize suppliers, including without limitation, vendors providing services in connection with the Game, and any person directly or indirectly involved in the setting up of the Game (all of the foregoing, collectively with Organising Company, the “Companies”), are not eligible to participate.
Article 3 – Game Entry
Entering in the Game constitutes contestant’s full and unconditional acceptance of these official rules (the “Official Rules”), available freely during the Game period and Organising Company’s privacy policy as set forth in these Official Rules.
To enter the Game, a contestant place a purchase of a minimum required of 99€ (£85) of ELEMENT products, on the Site (the “Purchase”) during the Game period (the “Entry”).
Each participant (same name, same address) can participate more than once, but each Entry must be unique and submitted separately.
Entry will not be taken into consideration if the contact information provided is incorrect or incomplete, if they do not comply with the terms of these Official Rules, or if they are sent after the end of the Game. Organising Company is not responsible for lost, late or misdirected Entries or Entries not received, regardless of cause.
In the event of a dispute over who submitted an Entry, the Entry will be deemed to have been submitted by the authorized account holder of the Site account submitted at the time of Entry. "Authorized Account Holder" is defined as the natural person who is assigned to a Site account by the Site.
Any attempt to pirate the inscription system or repeated registration with wrong email address will lead to disqualification of the contestants. Further to a control carried out after the registration of the participant, the Organizing Company reserves the right to disqualify a participant in the event of any of the cases described above.
Article 4 – Selection of winner
This Sweepstake a game of chance.
The name of the winner may be posted on the Organising Company’s social media (including but not limited to Facebook™ and/or Instagram™).
One (1) winner of the Prize, for all Countries, will be selected by draw from eligible Entries submitted.
The draw will be made by the Organising Company via an adapted drawing software/application around February 3rd 2022.
The potential winner will be directly informed of the result by the Organizing Company or its designee on his email address linked to the Purchase on February 4th 2022. No message will be sent to non-winning contestants.
The potential winner must respond to the Organising Company’s or its designee’s notification email and provide all requested information by February 11th 2022. If the potential winner cannot be contacted, is disqualified or fails to respond within the prescribed period, such potential winner will forfeit the Prize without this giving rise to any right of indemnity.
An alternate winner will be selected by draw of the Organising company on February 13th 2022 and be informed within 72 hours.
The winner will be required to prove eligibility to claim and receive the Prize. The winner shall authorize all checks regarding its identity and residence.
The Companies are not responsible for any incorrect or illegible address information or the non-delivery of any Prize resulting therefrom, or for any unsuccessful efforts to notify the winner.
All decisions of the Organising Company about the winner are final, binding and non-appealable.
Article 5 - Prize
The winner will receive a reimbursement of the amount of the winning Purchase (as defined in article 3 above) (the “Prize”).
Prize Conditions:
- The reimbursement will occur on the same bank account as the one used to pay the winning Purchase
- The amount reimbursed includes shipping costs, if any, and Element branded products of the Purchase. To avoid any doubt, all other products are excluded of the amount reimbursed (gift card, external brands, etc.).
- It is expressly understood that any products of the Purchase already reimbursed for whatsoever reason independent of the present Game (exercise of return right, etc.), won’t be included in the amount reimbursed. No product should be reimbursed twice.
Article 6 – Limitation of liability
The Companies decline any liability for any dispute concerning the awarding of the Prize.
Prize is “AS IS” without any warranty of any kind, express or implied. No substitution, exchange or transfer of Prize will be made or is permitted except in Organising Company’s sole discretion.
The Companies shall not under any circumstances be held liable for any delay in awarding the Prize or in the event that the winner cannot be awarded the Prize for reasons beyond the control of the Companies. If the Prize cannot be sent by post, the terms for accepting the Prize will be specified to the winner in the Prize confirmation by email or by any other means at the convenience of the Organising Company.
By entering the Game, contestants release, discharge and hold the Companies and any social media companies used in promoting or administering the Game (including, without limitation, Facebook™ and Instagram™) and their respective parent companies, affiliates, subsidiaries, advertising agencies, directors, officers, shareholders, partners, members, managers, employees, agents, representatives, successors and assigns harmless from and against any and all damages, claims, or losses of any kind in connection with the Game or resulting from Entry into the Game, or receipt, acceptance, possession or use and/or misuse of the Prize. The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Game. All provincial, federal, state, local and/or other taxes are the sole responsibility of the winner.
The Game is in no way sponsored, endorsed, administered by or associated with Facebook™ and/or Instagram™. By entering, the contestants release Facebook™ and/or Instagram™ and its respective parent companies, subsidiaries, affiliates, partners, employees, directors, agents and advertising agencies from and against any and all injury, loss or damage caused or claimed to be caused by the Entries or participations in the Game and/or the acceptance, awarding, receipt, use and/or misuse of the Prize.
Article 7 – Internet network
Entering the Game implies the contestant’s knowledge and acceptance of the Internet's characteristics and limitations, particularly with regard to technical performance, response times when checking, querying or transferring data, the risks of interruption, connection-related risks, the lack of protection against possible diversion of certain data and risks of contamination by any viruses in circulation on the Internet. The Companies may not be held liable, in particular, for malfunctions that may affect the Internet or for any problem with the configuration or relating to a specific browser.
The Companies do not guarantee that the Site and/or Game shall operate without any interruption, that they do not contain any computing errors, or that any detected errors will be corrected.
The Companies may not be held liable in the event of a technical malfunction in the Game, if contestants are not able to log on to the Site or to enter the Game, if it does not receive the data relating to a contestant’s Entry for any reason for which it may not be held liable (for example, an Internet connection problem due to any reason at the user’s premises), or if an Entry is illegible or impossible to process (for example, if the contestant has hardware or a software environment that does not comply with their subscription) or in the event of email routing problems. Contestants will not be entitled to any compensation in this regard.
Moreover, the Companies shall not be held liable for any damage, material or immaterial, caused to contestants, their computer equipment and the data stored therein, or for any direct or indirect consequences that may ensue, particularly consequences on their personal, professional or commercial activity. The Organising Company reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Game, violates the Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Article 8 – Participant guarantees
Contestants represent and warrant to the Companies that their Entry are not libellous, slanderous, obscene and do not plagiarize; and that the Companies’ use of the Entry or any information contained therein as contemplated herein will not infringe upon any copyright, trademark, right of privacy or any other rights whatsoever of any third party. Each contestant shall hold the Companies harmless and shall indemnify the Companies for all costs and expenses (including reasonable attorney fees) in the event of a breach of any of the foregoing warranties or representations. These warranties and representations do not extend to any material not furnished by contestants.
By entering in the Game, each contestant grants the Companies as well as their assigns and licensees, throughout the world, for the whole length of the copyrights and without restriction as to the frequency of use, the right (but not the obligation) to use, post, upload, pin, publish and display the Entry, the winner’s name, photograph or any other indicia of identity or likeness or information therein made relating to the Game for the promotion of the Game on any medium, notably but not exhaustively on the Companies’ social media sites, including but not restricted to the Organising Company’s Facebook™ and Instagram™ account, blogs and other websites, products and promotional materials.
Article 9 – Application of the Official Rules
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Organising Company’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Article 10 - Complaints
Entering this Game implies full and unreserved acceptance of the terms set out in these Official Rules.
Any breach of a term of these Official Rules will disqualify the contestant who has committed the breach. Any dispute on the interpretation of the Official Rules will be settled by the Organising Company.
Any complaint about the Game must be sent before 31/12/2021, by registered letter to NA PALI SAS, Element, Marketing department, 162 rue Belharra, 64500, Saint Jean de Luz, France. These complaints may only concern material conditions of the Game’s implementation.
Article 11 – Official Rules amendment and fraud
The Organising Company reserves the right to revise these Official Rules at any time and will inform the contestants of any significant changes at least thirty (30) days prior to the application of this material change. The Organizing Company also reserves the right to take any decisions it deems useful for the application and interpretation of the Official Rules. The Organising Company may inform contestants of a revision by any means of its choosing. The Organising Company also reserves the right to modify, extend, cut short, suspend or cancel the Game and to disqualify any contestants, in its sole discretion and without warning, for any reason, including (but not limited to) due to an event beyond its control, and in particular in the event of force majeure or an act of God or if the Game is not capable of running as planned.
The Organising Company reserves the right, in particular, if there is due cause, to declare invalid and/or cancel all or part of the Game if it appears that fraud or malfunctions have occurred in any form whatsoever, particularly in computing aspects within the framework of Entry to the Game or determination of the winner. In this case, it reserves the right not to award the Prize to the fraudulent contestants and/or to commence legal proceedings against the persons having committed the fraud. An act of fraud immediately disqualifies the person having committed it.
The Companies will not be liable in regard to the forgoing, and therefore the contestants will not be entitled to any indemnity or compensation of any nature.
Article 12 – Personal data protection
The Organising Company, as identified in Article 1 above, is in charge of processing the personal data of the contestants.
It is reminded that to enter the Game, the contestants must necessarily provide certain personal information relating to them (name, address, etc.), otherwise participation in the Game will not be finalized. This information is recorded and saved in an electronic file and is essential to the eligibility of their Entry, the determination of the winner and the attribution and routing of the Prize. This information is provided to the Companies and may be submitted to its technical service providers and the service provider handling the shipping of the Prize.
The legal basis for processing the personal data of the contestants is the contract between the contestant and the Organising Company, embodied in the Official Rules.
The personal data of the contestants will be kept for the duration of the Game, and for a maximum of three (3) years from the last contact initiated by the contestant.
The Companies may use any of the contestant’s personal information submitted in connection with this Game per the terms of the privacy policy located at https://www.elementbrand.fr/customer-help/privacy-policy.html.
The Organising Company may send e-mails to the contestants regarding information, offers and events related to its brands (Quiksilver, Roxy, DC Shoes, Billabong, RVCA, Element, Von Zipper) and its loyalty program. The contestants’ consent will be requested to receive such information, offers and events from the Organising Company's business partners. The contestants can object for free to the reception of such e-mails by clicking on the unsubscribe link included in each e-mail. With regard to the e-mails sent by the Organising Company, the contestants may also object at any time and free of charge by notifying the Organising Company at the address indicated below.
In accordance with European Regulation 2016/679 of 27 April 2016 and French law no. 78-17 of 6th January 1978 relating to information technology, files and freedom modified, in particular by French law n ° 2018-493 of June 20, 2018 relating to the protection of the personal data, contestants have the right to access, modify or delete the data relating to them. Subject to the conditions of the applicable regulations, the contestants also have a right to the portability of their data, the right to request a limitation of treatment or to object the processing of their data. The contestants also have the option of providing instructions regarding the treatment of their data after their death.
To exercise these rights, contestants must send a valid proof of identity and a letter to the following address:
NA PALI SAS,
Element,
Marketing department,
162 rue Belharra,
64500 Saint Jean de Luz
France
The Organising Company will, if necessary, inform the contestant of the reasons for which its application cannot be satisfied, in whole or in part.
In the event of a question or complaint relating to the processing of their personal data, contestants may send their request to the contact details indicated above. The Organising Company will try to find a satisfactory solution, otherwise the contestants have the right to submit their claim to the competent supervisory authority (the CNIL, France).
Article 13 – Intellectual Property Rights
The images used on the Site, the trademarks and trade names mentioned, the graphic elements, and databases composing the Site, are the exclusive property of their respective owners and may not be extracted, reproduced or used without the written authorization of the latter.
Article 14 – Filing and access to the Official Rules
These Official Rules are on file at the office of SCP MORAU LAGUERRE CAMY, bailiff in Saint Jean de Luz (France).
They can be sent free of charge on written request submitted to NA PALI SAS, Element, Marketing department, 162 rue Belharra, 64500 St Jean de Luz (France). The cost of postage for the Official Rules will be reimbursed on simple request (2nd-class rate in force).
Article 15 – Applicable Law
THE ENFORCEMENT AND INTERPRETATION OF THESE OFFICIAL RULES ARE SUBJECT TO FRENCH LAW.
