Most recent update: December 2, 2020
SWEEPSTAKES FREE OF CHARGE AND WITH NO PURCHASE REQUIRED.
NO PURCHASE WILL INCREASE YOUR CHANCES OF WINNING THE PRIZES AVAILABLE.
Article 1. ORGANIZATION AND ACCESSIBILITY OF THE SWEEPSTAKES
Guillemot Corporation, a public limited company with capital of €11,617,359.60, registered under number 414 196 758 in the Rennes Trade and Companies Register, whose registered office is located at 2 Rue du Chêne Héleuc, 56910 Carentoir, France (hereinafter the “Organizing Company”), organizes from time to time, on its social networking pages, sweepstakes with no purchase required (hereinafter individually the “Sweepstake” and collectively the “Sweepstakes”), according to the terms and conditions set out in these rules and regulations.
These Sweepstakes are only accessible on the following social networking pages (hereinafter individually the “Social Network” and collectively the “Social Networks”):
Communications relating to the Sweepstakes may be shared on the Organizing Company’s websites.
None of the Sweepstakes are associated with, administered, sponsored or endorsed by Instagram or Twitter. The information that participants provide is provided to the Organizing Company and not to Instagram or Twitter.
These rules and regulations shall apply to any Sweepstake organized by the Organizing Company on the Social Networks, unless specific rules and regulations apply to a particular giveaway and are indicated as such.
Article 2. ACCESS TO THE SWEEPSTAKE
These Sweepstakes, which are FREE OF CHARGE AND WITH NO PURCHASE REQUIRED, are open to any natural person of legal age, residing in Austria, France, Germany, Ireland, the Netherlands, the United Kingdom or the United States of America, excluding staff members of the Organizing Company and its subsidiaries, as well as their families, including common-law spouses, and, in general, of companies directly or indirectly involved in the implementation of these Sweepstakes.
Participation in the Sweepstakes is exclusively online, either on the Twitter Social Network or on the Instagram Social Network, depending on the Sweepstake.
Participation in the Sweepstakes requires Internet access, a valid email address and an Instagram or Twitter account. However, as noted above, the Sweepstakes are not administered by Instagram or Twitter. Participants therefore acknowledge and agree that they will not hold Instagram or Twitter liable for any reason whatsoever in connection with the Sweepstakes.
Participation in the Sweepstakes is subject to the Participant’s full consultation and acceptance of these rules and regulations.
Only one entry per Sweepstake per person shall be accepted, and only one prize may be won per household, a household being determined by all persons living under the same roof (at the same postal address).
The Organizing Company reserves the right to carry out any verification, in particular of identity and contact details, prior to any acceptance of participation or awarding of a prize. Any person who does not meet the conditions of these rules and regulations, or who refuses to provide proof thereof, will be excluded from the Sweepstake in which he or she has taken part and will not be able, in the event of a win, to benefit from the Prize as defined in Article 5 of these rules and regulations (hereinafter the “Prize”).
Article 3. TERMS AND CONDITIONS OF PARTICIPATION IN THE SWEEPSTAKE AND DESIGNATION OF WINNERS
To participate in a Sweepstake, participants must visit the Social Network where the Sweepstake is organized, and follow the instructions in the post on the Social Network regarding the Sweepstake.
This post will indicate, among other things, the start and end dates of the Sweepstake, the Prizes to be won, the date on which the winner(s) will be announced, and a link to these rules and regulations.
Each participant will be asked to read these rules and regulations and to accept the conditions without reservation.
The designation of a Sweepstake’s winners will take place by way of a random draw by the Organizing Company, on the day indicated in the post on the Social Network on which the Sweepstake is held.
Article 4. NOTIFICATION OF WINNERS
The Organizing Company shall inform the winners of their prize(s) by private message on the Social Network where the Sweepstake was held, within fifteen (15) working days following the date of the draw for the Sweepstake.
In parallel, the Organizing Company may, either at the time the Sweepstake draw is held or subsequently, subject to the winners’ agreement, publish the initial of their surname, first name(s) and/or pseudonym(s) on the Social Network on which the Sweepstake in question is organized.
Within twenty (20) calendar days following the private message from the Organizing Company announcing the prize, the winner must accept the Prize and send his or her complete postal address, for the purpose of shipping the Prize, by email to the following address: [email protected], or by reply to the private message sent by the Organizing Company. The Organizing Company shall not be held liable for any malfunction of the device for sending emails and/or private messages. Failure by the winner to explicitly accept the Prize and to send his or her complete postal address within the aforementioned period will be considered a forfeit. In that case, the winner will lose the full benefit of said Prize and will not be able to claim any indemnification or compensation. The Prize will not be put back into play and the Organizing Company may freely dispose of it.
Article 5. PRIZES TO BE AWARDED
The nature, quantity and value of the Sweepstakes’ Prizes will be indicated in the post on the Social Network on which each Sweepstake is held.
Article 6. AWARDING OF THE PRIZES
The winners will receive their Prize within one (1) month after sending their acceptance of the Prize as set out in Article 4 of these rules and regulations. The Prize will be sent to each winner by or on behalf of the Organizing Company.
In the event that the winner does not wish to or cannot, for any reason whatsoever, benefit from all or part of the Prize that has been won, under the conditions set out in these rules and regulations, he or she will lose the full benefit of said Prize and may not claim any indemnification or compensation. The Prize will not be put back into play and the Organizing Company may freely dispose of it.
The Prize shall not give rise to a dispute of any kind on the part of the winner, nor to the awarding of the Prize’s exchange value in cash (full or partial), nor to its replacement or exchange for another prize, of whatever value, for whatever reason.
In the event of force majeure (as defined by the French Civil Code and according to French case law), or where circumstances require, the Organizing Company reserves the right to replace the Prize won with a prize of equivalent or higher value.
Without prejudice to any legal proceedings and its right to terminate the participant’s registration, the Organizing Company is not obliged to allocate any prize or award to a beneficiary participant if said participant has not correctly entered his or her contact information, if said participant has clearly distorted the outcome of the Sweepstake by any means whatsoever, or if said participant has not complied with these rules and regulations.
The winner shall bear the risks associated with the loss, deterioration and/or destruction of the Prize during its shipment to the address the winner has indicated to the Organizing Company. Any complaints must be made by the winner directly to the organizations responsible for the delivery. Any Prize that is returned to the Organizing Company by mail or by the service provider in charge of delivery, for any reason whatsoever (for example: “no longer lives at this address”), will be deemed to have been forfeited by the winner.
Article 7. PARTICIPANTS’ OBLIGATIONS
Participation in the Sweepstakes requires that participants comply with applicable law and these rules and regulations.
Participants are informed that the information they provide is required for the consideration of their participation in the Sweepstake and the selection of winners. Participants therefore undertake to provide the Organizing Company with accurate and complete information. Any false or erroneous and/or incomplete statement will automatically render participation in the Sweepstake null and void. The Organizing Company reserves the right to carry out any verification, in particular of identity and contact details, prior to any acceptance of participation or awarding of a prize.
It must be noted that only one participation per person is allowed for each Sweepstake. Any attempt or action to circumvent this rule will result in the entry in question being disqualified. In particular, participating in a Sweepstake by using multiple email addresses, multiple social media accounts, and/or multiple IP addresses (whether temporary or not) cannot be validated.
It is strictly forbidden, by any means whatsoever, to modify or attempt to modify the features of the Sweepstake, in particular in order to modify the results or any element determining the outcome of a Sweepstake and its winners. The Organizing Company reserves the right to exclude from a Sweepstake and to prosecute any person who has cheated or disrupted the proper functioning of a Sweepstake. The Organizing Company may decide to cancel a Sweepstake in the event of fraud affecting the Sweepstake, in any form whatsoever.
Insults, aggressive, sarcastic, denigrating or provocative phrases, phrases that incite violence, racism, any form of segregation or which are obscene, particularly in the comments following the post on the Social Network on which the Sweepstake is held, are strictly forbidden.
Participants agree not to share with the Organizing Company any personal data in their comments following the post on the Social Network on which the Sweepstake is held.
In addition, in general, in the context of their participation in a Sweepstake, participants undertake not to send sensitive data (i.e. data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, data relating to health or sex life, criminal record, convictions, security measures for any person), or illegal content (i.e. content that is defamatory, pornographic, degrading, incites hatred, or more generally violates the rights of third parties, or is contrary to the rules of the Social Network on which the Sweepstake is organized, etc.), in particular in their comments following the post on the Social Network on which the Sweepstake is held, or in their communications with the Organizing Company.
The Organizing Company reserves the right, at its sole discretion, to dismiss, disqualify or invalidate any person who does not meet the conditions of these rules and regulations, does not respect them, or refuses to prove his or her compliance therewith. In the event of a win, the participant will not be able to benefit from the Prize. An exclusion, disqualification or invalidation of participation in a Sweepstake will result in permanent inability to participate in that Sweepstake, with no ability to play again at a later date. The Organizing Company shall have sole discretion to exclude, disqualify or invalidate any participant in a Sweepstake, based on the information available to the Organizing Company. In the event of a complaint, it the responsibility of participants to prove that they have behaved in accordance with applicable law and these rules and regulations. The Organizing Company shall not be held liable in this regard.
Article 8. RESPONSIBILITY OF THE ORGANIZING COMPANY
BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE ORGANIZING COMPANY, ITS PARENT COMPANY, AFFILIATES AND SUBSIDIARIES, ADVERTISING AND COMMUNICATION PROVIDERS, AND ANY OTHER ENTITY INVOLVED IN THE DEVELOPMENT AND/OR IMPLEMENTATION OF THE SWEEPSTAKES, FROM ANY AND ALL LIABILITY, CLAIMS, LOSSES AND/OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THEIR PARTICIPATION IN THE SWEEPSTAKES OR THEIR ACCEPTANCE, RECEIPT, POSSESSION AND/OR USE OR MISUSE OF THE PRIZE WON.
WHERE APPROPRIATE, THE LIABILITY OF THE ORGANIZING COMPANY IS LIMITED TO THE MAXIMUM TOTAL AMOUNT OF THE PRIZES AVAILABLE TO BE WON.
THE ORGANIZING COMPANY SHALL NOT BE HELD LIABLE IF, FOR REASONS BEYOND ITS CONTROL OR IF CIRCUMSTANCES SO REQUIRE, THE TIME FRAME FOR A SWEEPSTAKE MUST BE SHORTENED, EXTENDED, POSTPONED, CHANGED OR CANCELED. IN PARTICULAR, THE ORGANIZING COMPANY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY OR TERMINATE THIS SWEEPSTAKE IN THE EVENT OF THE OCCURRENCE OF ANY FACT OR ACTION WHICH, FOR WHATEVER REASON, IS OF SUCH A NATURE AS TO COMPROMISE THE INTEGRITY, ADMINISTRATION, PROPER FUNCTIONING, FAIRNESS OR IMPARTIALITY OF THE SWEEPSTAKE IN THE EYES OF THE ORGANIZING COMPANY.
THE ORGANIZING COMPANY ASSUMES NO RESPONSIBILITY FOR LATE, STOLEN, LOST, ILLEGIBLE, FALSIFIED, MISDIRECTED, ALTERED OR INCOMPLETE ENTRIES, WHICH WILL BE CONSIDERED NULL AND VOID.
THE ORGANIZING COMPANY SHALL NOT BE HELD LIABLE FOR ANY FACT WHICH IS NOT ATTRIBUTABLE TO IT, WHICH IS INDEPENDENT OF ITS WILL, OR WHICH PRESENTS THE CHARACTERISTICS OF FORCE MAJEURE, IN PARTICULAR IN CASE OF MALFUNCTION OR INTERRUPTION OF COMMUNICATIONS OR TELEPHONE LINES, MALFUNCTION OR INTERRUPTION OF THE INTERNET NETWORK, DELAY IN TRANSMISSION OR LOSS OF ANY DATA OR INFORMATION TRANSMITTED IN CONNECTION WITH A SWEEPSTAKE, ANY TECHNICAL MALFUNCTIONS, HARDWARE OR SOFTWARE FAILURES OF ANY KIND, HAVING PREVENTED OR LIMITED THE POSSIBILITY OF TAKING PART IN A SWEEPSTAKE OR HAVING DAMAGED THE SYSTEM OF A PARTICIPANT, AS WELL AS THE CONSEQUENCES OF TECHNICAL FAILURES, INCORRECT ROUTING OF MAIL, INCORRECT ROUTING OF THE PRIZES, LOSS OF THE LATTER DURING THEIR SHIPPING, NON-RECEPTION, DETERIORATION OR LATE DELIVERY (NON-EXHAUSTIVE LIST).
THE ORGANIZING COMPANY DISCLAIMS ANY RESPONSIBILITY RELATING TO POSSIBLE DISSATISFACTION OF THE WINNERS CONCERNING THEIR PRIZE, WITHIN THE LIMITS ALLOWED BY APPLICABLE LAW.
IT IS THE RESPONISBILITY OF EACH PARTICIPANT TO TAKE ALL APPROPRIATE MEASURES TO PROTECT HIS OR HER OWN DATA AND/OR SOFTWARE STORED ON HIS OR HER COMPUTER EQUIPMENT AGAINST ANY ATTACK. ALL PERSONS PARTICIPATING IN SWEEPSTAKES DO SO UNDER THEIR OWN RESPONSIBILITY.
Article 9. DATA PROTECTION
Personal data collected in the context of a Sweepstake is subject to computer processing.
The Organizing Company is responsible for the processing of personal data provided when registering for a Sweepstake and when designating the winners.
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (known as “GDPR”) and with the French Data Protection Act of January 6, 1978, as amended, you have a right of access, of opposition, of rectification, erasure, portability and limitation of the processing of personal data relating to yourself, as well as the right to define directives concerning the fate of such data after your death, which you may exercise by contacting the Organizing Company by email at [email protected]. Finally, if you are not satisfied with your exchanges with us, you have the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (the French Data Protection Authority), 3 Place de Fontenoy, TSA 80715, 75334 PARIS CEDEX 07, France.
The personal data provided when participating in a Sweepstake and when designating winners is collected for the administration of the Sweepstake. It is intended to identify any participant wishing to win a Prize. It is necessary for the Organizing Company to be able to proceed with the selection of winners and deliver or ship the Prizes. In the absence of said personal data, participation cannot be taken into account. Finally, this personal data will be used to ensure compliance with the conditions of participation and to manage complaints in the context of each Sweepstake, as well as to manage the exercise of your rights regarding your personal data.
This personal data is reserved for the use of the Organizing Company and may only be communicated to the Organizing Company. Notwithstanding the foregoing, part of the data relating to the winners (surname(s), first name(s), full address, and if necessary, email address) will also be communicated to transport provider(s) (which may be located outside of the European Union). In addition, subject to the agreement of each winner, the Organizing Company may, either at the time a Sweepstake draw is held or subsequently, publish the initial of their surname(s), along with their first name(s) and/or pseudonym(s), on the Social Network on which the Sweepstake in question is held.
This personal data will be stored on servers hosted by the Organizing Company.
The Organizing Company has computer resources intended to manage, store and protect the personal data collected during participation in the Sweepstake.
The Organizing Company undertakes not to divulge or resell this information to third parties other than its subsidiaries or service providers who need to be aware of this information for the purposes indicated in Article 9, except when necessary to protect the security, property or other rights of the Organizing Company, third parties or where required by law.
The personal data collected when registering for a Sweepstake will be destroyed six (6) months after the end of the Sweepstake, if the Participant has only consented to the use of his or her personal data for the management of the Sweepstake. Notwithstanding the foregoing, the personal data provided by the winners will be kept for three (3) years from the last contact made by each winner.
Article 10. CLAIMS/REIMBURSEMENTS
10.1. CLAIMS
Any dispute or claim related to a Sweepstake may not be considered beyond a period of one (1) month from the end of the Sweepstake, as evidenced by the postmark. Any dispute or claim must be sent by post to the address of the Organizing Company:
GUILLEMOT CORPORATION S.A.
BP 2
56204 LA GACILLY
FRANCE
This letter must indicate the exact date of participation in the Sweepstake, the participant’s full contact information and the exact reason for the dispute. No other method of filing a dispute or claim shall be taken into account.
The Organizing Company shall have sole authority to make a decision regarding any question of application or interpretation of these rules and regulations, or in the event of any deficiency therein during the course of the Sweepstake in question.
Postal fees related to the sending of the dispute or claim may be reimbursed on the basis of the slowest postal rate in effect (20 g), to any participant who is entitled to such under the applicable law in his or her country of residence and who sends a written request, accompanied by a bank statement, to the Organizing Company.
10.2. REIMBURSEMENTS
The Internet connection fees for participating in a Sweepstake may be reimbursed to any participant who is entitled to such under the applicable law in his or her country of residence and who makes a written request to the Organizing Company, at a flat rate of €0.30 including tax. Only one refund of connection fees may be made per household, defined as all persons living under the same roof (at the same postal address), for the duration of the Sweepstake.
However, given the current state of service offerings and technology, as some Internet Service Providers offer a free or flat-rate connection to Internet users, it is expressly agreed that any access to Social Networks that is on a free or flat-rate basis (such as, in particular, via cable internet, ADSL or a specialized connection) shall not give rise to any reimbursement, insofar as the subscription to the services of the access provider is in this case contracted by the Internet user for his or her use of the Internet in general and the fact that the participant’s connection to the Social Networks and participation in a Sweepstake does not incur any costs.
In order to obtain reimbursement, the participant must send to the following postal address:
GUILLEMOT CORPORATION S.A.
SOCIAL NETWORKS GIVEAWAYS
BP 2
56204 LA GACILLY
France
(Hereinafter collectively the “Documents” or individually the “Document”).
No incomplete or erroneous refund request will be taken into account. No claims will be accepted. The request must be made within a maximum of one (1) month following registration in the Sweepstake for which the participant requires reimbursement.
Postal fees related to the sending of the refund request will be refunded upon written request on the basis of the slowest postal rate in effect.
The cost of photocopying related to the justification of the request for reimbursement will be reimbursed up to €0.20 including tax per Document listed in Article 10.
Requests for connection refunds will be honored within four (4) weeks following receipt of the written request.
Article 11. APPLICABLE LAW AND REGULATIONS
These rules and regulations shall be subject to the law applicable in the country of residence of the participant, provided that the participant is domiciled in one of the countries set out in Article 2 of these rules and regulations.
Participation in a Sweepstake implies full and complete acceptance of these rules and regulations. The Organizing Company shall have the final decision on any question relating to the application of these rules and regulations or any question which may arise therefrom, not settled or provided for by these rules and regulations.
*
* *
These rules and regulations are available at the following addresses: https://www.hercules.com/en-US/giveaway-termsandconditions, and may be sent to any person who submits a request by email to the following address: [email protected], both before and during the duration of a Sweepstake.