Aug 31, 2017 - Is organising a free competition (no purchase necessary) on the ... and a valid e-mail address, as well a
Instagram Competition Cocktail Friends
1 - ORGANISER
Le Club AccorHotels, (hereinafter, the 'Organiser') registered with the trade and companies registry under SIREN number 602 036 444, whose registered office is located at 82 rue Henri Farman - CS 20077 - 92445 Issy-les-Moulineaux. Is organising a free competition (no purchase necessary) on the 30th of July 2017 until the 4th of August 2017 entitled: “Cocktail Friends” (hereinafter, the 'Competition'), subject to the rules described below.
This event is neither organised nor sponsored by any third party.
2 - ENTRY CONDITIONS This free Competition is open to all natural people over the age of 18 with an Internet access and a valid e-mail address, as well as any person involved in creating the Competition. This Competition is not valid for residents of Brazil.
This Competition (no purchase necessary) is organised on the Instagram website, accessible at the address instagram.com, on the Instagram mobile application, and on tablets starting the the 30th of July 2017 until the 4th of August 2017. This Competition will be available in French and English. However, if there is a discrepancy between these versions, only the French version of these rules will apply.
The sole fact of entering this Competition implies outright acceptance, without reservation, of all the provisions of these rules, the rules of conduct in effect on the Internet, as well as the laws and regulations applicable to competitions and sweepstakes.
Non-compliance with the entry conditions set out in the rules shall result in the entry being invalid.
Only entries that comply with all of the provisions of these rules will be selected to enter the Competition. As soon as a user mentions the Organiser's account (@LeClubAccorHotels) or organiser’s Hashtag (#LeClubAccorHotels), the Organiser has the right to use their picture.
Any Entrant attempting to intervene in the Competition's computer system in any way whatsoever, in order to win or try to win, will be excluded from the Competition. Any false declaration made by an Entrant will lead to his/her exclusion from the Competition without the Organiser's liability being incurred.
3 - ENTRY PROCEDURES
This Competition shall take place solely on the instagram.com website during the period indicated in clause 1, accessible at the URL instagram.com and on the Instagram mobile application and tablet application. Entrants take part by posting one or several picture(s) of the Christmas decoration from hotels of the AccorHotels group.
Each Entrant must follow the following steps: -
Log in to the Instagram.com site or to the application mobile and tablet application, using his/her account;
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Enter the Competition from the the 30th of July 2017 until the 4th of August 2017
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Comment the publication of July the 30th by mentionning a friend.
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Be chosen by the straw poll
The Entrants authorise the Organiser to carry out any necessary checks on their identity and age. Any false information will lead to the exclusion of the Entrant.
This Competition is accessible on the Instagram website. Under no circumstances, however, may Instagram be held liable in the event of a dispute in connection with the Competition. Instagram is neither an organiser nor a sponsor of the Competition.
4 - SELECTION OF WINNERS
The winner will be selected by a straw poll.
Several entries per person with the same first name, last name, e-mail address or Instagram username are not permitted throughout the entire duration of the Competition. Once selected, the winning picture cannot be selected again. Finally, the participant must be a member of Le Club AccorHotels or will have to create a Le Club AccorHotels account to claim their prize. If there’s any suspition of cheating, the organiser has the right to decline the entry. If any of the entry conditions are not respected, the organiser can cancel any participation.
The winners will be contacted within two weeks at the most after final selection of the photographs by a public comment naming their Instagram account. Any winner who fails to respond to the comment within one (1) month of its being sent will be deemed to have renounced his/her prize, which will be awarded to a new winner.
5 - PRIZES
The following prize will be awarded on August the 4th to the declared winner:
● 2,000 Rewards points
The prize must not give rise to any dispute or claim of any kind. The winner agrees not to seek the Organiser’s liability with regards to the prize. The prize must be accepted as is announced. No changes of any kind can be claimed by the winner, for any reason whatsoever. No consideration, compensation or financial equivalent of the prize will given, wholly or partially. It is specified that the Organiser will not provide any benefit or warranty, the prize consists only of the awards mentioned above.
6
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IDENTIFICATION
OF
WINNERS
AND
EXCLUSION OF
ENTRANTS Entrants authorise the Organiser to verify their identity. Failure to abide by these rules, as well as any fraud or attempted at cheating in any manner whatsoever, shall result in the outright exclusion of the entrant concerned.
To do so, the Organiser may use a technical data (I.P adresses), linked to the participant to check their validity. The Organiser reserves the right to check the age of any winner before awarding them their prize. Under no circumstances may prizes be exchanged for their value in cash or for any other prize. The Organiser may not be held liable for the use or non-use, or even trading, of the prizes by the winners. In the event of force majeure, the Organiser reserves the right to replace the prize by a similar prize of the same value at any case and with no possibility for it to be contested.
7 - DEPOSITING OF THE RULES
Competition entrants accept these rules in full. They may be obtained upon request from the Organiser at the address provided on the Instagram biography with the following link: http://share.909c.fr/accor-pdf/cocktailfriends.pdf.
This link is available for the entire duration of
the competition.
These terms and regulation will be held at SCP DARRICAU PECASTAING, Huissiers de justice, 4 Place Constantin Pecqueur, 75018 Paris
The Organiser will not respond to any oral request concerning the Contest. Any claim must be made in writing to the Organiser at the address above mentioned before August 31st, 2017. After this period, no claim will be accepted. Participation in the Contest implies full acceptance of this Regulation in its entirety. Failure of the regulation leads to the automatic cancellation of participation and the possible allocation of the funds provided.
Interpretation of Regulation Any application questions, interpretation of the regulations, or any unforeseen questions that may arise, will sovereignly be decided and handled by the Organiser.
Modifications The Organiser reserves the right to extend, shorten, modify or cancel the Contest at any time, including but not limited to any cases of force majeure, which can be claimed without any compensation by the participants.
8 – GUARANTEES AND RESPONSIBILITY FOR THE VALIDITY OF PICTURES/WORKS Each Entrant guarantees: -
that he/she is the sole author of the picture in question;
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that the work that he/she has submitted for the Competition is original and previously unpublished
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that he/she solely holds the commercial rights to this work;
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that he/she has the express and written consent of physically recognisable people.
Throughout the duration of the contest, participants are forbidden to publish or share any photograph not original belonging to them nor may they use any material protected by intellectual or industrial property rights of any third party which would not have been obtained with prior authorization.
As such, the Entrant is personally responsible for acquiring the necessary authorisations from any third parties having directly or indirectly participated in producing the work (and/or who may consider that they have a right to exercise) and will personally assume responsibility for any legal action arising from the pictures/works that he/she has distributed, and in particular for any request for financial compensation arising from them.
In general, the Entrants hold the Organiser of this Competition harmless against any legal action or complaints that may be made, in any way whatsoever, by any third party, whilst exercising the rights assigned and, more generally, for all the guarantees given and commitments made.
To participate in the Contest the Entrant agrees to post a photograph on the Instagram and accepts that their photographs may be reused by the Organiser on Instagram, Facebook, Twitter and Pinterest. Participants therefore give their image rights to the Organiser without any charge.
Each Entrant also agrees that the photograph(s) posted on Instagram respect public order and morality as well as the protection of intellectual and property rights.
Pictures of minors are not authorised and fall under the responsibility of their author, and this in order to ensure child protection. The only exception allowed will be for those members posting pictures of their own children.
Pictures with content deemed to be of an advertising, promotional, commercial, illegal, shocking, defamatory, pornographic, racist or hateful nature, or which more widely infringe human or animal dignity are also excluded from the Competition.
Therefore, the Organiser reserves the right, at its entire discretion, to moderate, after the event, and not to validate, or even to exclude from the Competition, any Entrant and/or any picture that does not abide by one of the conditions of these rules or any picture that can damage the brand image. Each picture is published under the authority of the participant.
9 – CHECKS AND RESERVATIONS
Any entry that does not comply with the provisions of these rules will not be taken into consideration.
The Organiser reserves the right to suspend, postpone, extend or cancel the Competition without notice in the event of force majeure and this, after having provided information by any suitable means. Its liability will not be incurred on this account.
The Organiser cannot be held liable for disruptions to the Internet or electricity network, incorrect use of the Internet, failure of reception equipment or any other incident relating to smooth operation of the Competition, and which could prevent the Internet user from entering by the deadline.
The Organiser cannot be held liable for any loss, of any nature: -
further to poor functioning of the site, computer errors or the existence of viruses or other problems likely to cause damage,
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further to the occurrence of force majeure events (strike, bad weather, war, attack) fully or partially preventing the winners from benefiting from their prize,
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further to any incident occurring to the winners whilst using their prize.
Furthermore, the Organiser reserves the right to replace the prizes by other prizes of the same value, without the winner being able to seek its liability.
10 – INTELLECTUAL PROPERTY Entering the Competition does not confer any right on the Entrants to the intellectual property content of the Organiser. Also, pursuant to the provisions of the French Intellectual Property Code, the reproduction, representation or use of all or part of the content (graphics, text, etc.) comprising this Competition, as well as any content of the @LeClubAccorHotels Instagram profile,
accessible
in
particular
at
the
following
URL:
https://instagram.com/LeClubAccorHotels, of the Organiser, are strictly forbidden. All trademarks, graphics and names of products mentioned, are registered trademarks, graphics or names of products.
Any use of content of the Competition, in any form whatsoever, is subject to compliance with the rules of intellectual property.
11 – INFORMATION ON THE WINNERS
The Organiser reserves the right to post on its Instagram profile the pseudonym of the winners of the Competition along with their prize, which is expressly authorised by each Entrant and winner.
By the sole fact of entering, each winner therefore authorises the Organiser to use and circulate his/her pseudonym used on Instagram, the town which he/she lives, the date on which he/she won, without this use conferring rights or advantages other than the prize won. However, this option shall not be an obligation incumbent upon the Organiser.
12 –DATA PROTECTION ACT
Pursuant to the French Data Protection Act of 6 January 1978 amended in 2004, data collected during this Competition are intended for the Organiser for the sole needs of organising the Competition, and will not be transferred to third parties.
Each Entrant has a right to object to, access, correct and delete the data concerning himself, collected during this Competition. These rights can be exercised upon request by sending an e-mail to the following address:
[email protected]
Article 13 — Reimbursement [BA1] Participants who access the site from of a modem or a telephone line charged in proportion to the communication time may obtain reimbursement of site connection fees on www.instagram.com at the basis of a fee per day for the cost of the connection of 6 (six) minutes of local call time from a landline. Costs incurred by the participant for this request will be reimbursed on request where the line is somehow disconnected at the very moment they recieve their prize. Only one request per participant (same name, same address and / or same email and / or even RIB / RIP) will be considered. Given that in the current state of service offers and technology, some-dial Internet service providers offer free or flat-rate connection to Internet users, it is expressly agreed that any access to the site is free or lump sum (such as including cable connection, ADSL connection specialized) will not give rise to any refund, to the extent that the subscription to-dial in service providers is entered by the user for his use of the Internet in general and the fact that for the participant to access the
Website and participate in the game does not cause him any additional costs or expenses. Likewise, it is imperative to make your refund requests within 10 calendar days after obtaining receipt of the corresponding telephone bill. The relevant date is indicated on the invoice. The refund request must include the following elements: participant's name, first name, postal address and email address (all these elements must be identical to those entered on the registration form to the contest), a RIB or RIP (Bank Record or Postal Identity Number), date and time, email and password, and when it becomes available, a photocopy of the itemized bill from the telephone operator and / or dial supplier indicating the dates and times of connection. This photocopy will serve as proof of address. The name and address of the person requesting the reimbursement must be the same as those mentioned on the invoice of the telephone operator. Each claim containing the information and documents described above should be addressed to: 82 rue Henri Farman - CS 20077 - 92445 Issy-les-Moulineaux.
Article 14 - Governing Law and Jurisdiction These terms and regulations are under French law. Any legal dispute will be under the authority of the Tribunal de Grande Instance de Paris if no conciliation between the two parties can be found.
