REGULATION OF THE FREE CONTEST
« FittingBox Vision Expo East 2017»
Article 1 – Organizer
FITTINGBOX, a French company whose registered office is located at - 644
Voie L’Occitane, Immeuble Arizona, Bâtiment A, Labège, France - registered in
the Commercial Register of Toulouse under the number 491 452 991, organize
a free contest by random draw with no purchase necessary (hereinafter the
“Contest”), under the 2017 Vision Expo East in New York, in accordance to the
conditions of this Contest Regulation (hereinafter the “Regulation”).
Article 2 – Acceptance of this Regulation
The participation to the Contest implies the full and unreserved acceptance of
this Regulation by all contestants. The failure to comply will result in
automatic cancellation of registration and possible award of bonuses.
This Regulation will be available, free of charge, for the duration of the
Contest, upon request to FITINGBOX and/or at
https://www.fittingbox.com/meet-us-vision-expo-east.
This Regulation any amendment to this Regulation shall be the subject of an
endorsement filed via […], endorsement communicated jointly to the
Regulation to any person who made the request.
This Regulation may be modified from time to time by FITTINGBOX, at its sole
discretion.
Article 3 – Conditions of participation
The contestant who wants to participate to the Contest shall clearly indicate
his full contact details when filling in the digital entry form (hereinafter the
“Entry Form”) available at the following address:
https://www.fittingbox.com/meet-us-vision-expo-east.
The Entry Form can be filled in only between Friday March 17th, 2017 and
Sunday April 2nd, 2017. The participation to the Contest shall be closed on
Sunday April 2nd, 2017 at 3:00 PM EST.
This Contest is opened to healthcare professionals having their main activity
in North America (Canada and/or the United States solely), and having fulfilled
and Entry Form and participating at Vision Expo East 2017.
FITTINGBOX reserves the right to carry out all necessary verifications
concerning the identity, postal and/or electronic address of the contestants.
All FITTINGBOX’s directors, officers, employees and/or agents, including their
families and spouses, are excluded from any participation to the Contest and
the benefit of any prize related to such Contest, directly or indirectly.
The contestants who have not substantiated their full contact details and
identities or who have provided inaccurate or false contact details and
identities, as well as, contestants who refuse the collect, the registration and
the utilization of their personal information and information strictly necessary
for the management, will be disqualified.
Article 4 - Winners selection process
The random draw to determinate the prize-winners will be made on Tuesday
April 4th, 2017, under the supervision of FITTINGBOX’s Legal Department.
The random draw will be made by Internet software (such as
www.randompicker.com or equivalent) that will designate the prize-winners.
The proze-winners will be contacted by email. The coordinates recorded in
the Entry Form shall be identical to those used to send the prize. If the mailing
address is not valid or if the winner does not collect the prize; such prize will
be awarded to a person designated by a new random draw.
Article 5 - Prize pool
The prizes that may be awarded under participation of the Contest are the
following: Three (3) IPad Pro Wi-Fi 12.9”, with a value of 799$ each.
It is stressed that the Prizes allocated by FITTINGBOX under the Contest will
be considered as raw material, with the operating system pre-installed by the
manufacturer as the case may be, and with exclusion to any additional
goodies and/or cover and/or devices and/or hardware and/or software
and/or apps.
In any case, the prizes cannot be exchanged for money or other prizes.
The unclaimed lots will be awarded according to the organizer’s choices, and
for instance in the context of another promotional operation.
Article 6 – Warranty
The allocated prizes are provided “as is” with no representation or warranty
of any kind, express or implied, statutory, or otherwise, as to their quality,
performances, usage of trade or results.
Contestants are aware and irrevocably accept that FITTINGBOX is not the
designer or the manufacturer of the allocated prizes. Therefore, FITTINGBOX
does not give any warranty or guaranty about the proper functioning of these
prizes.
In the event the allocated prize provided by FITTINGBOX does not perform in
accordance with its end user documentation, and subject to compliance by
the user with recommendation for use of FITTINGBOX and/or the
manufacturer, FITTINGBOX will make its best effort to replace such prize
within a reasonable period, to the extent permitted by the manufacturer’s
warranty or guaranty over such prize, and provided that the related winner
has reported such malfunction by written to FITTINGBOX in a 30-days period
following its occurrence, and with a maximum period of six (6) months
following its delivery.
FITTINGBOX does not provide any substitute or supplementary warranty to
that provided by the manufacturer of the allocated prize. .
As the case may be, the transportation costs incurred by FITTINGBOX in
performance of this warranty shall be re-invoiced to the beneficiary, net of
expense for FITTINGBOX. In order to facilitate transportation operations, the
prize shall be returned to FITTINGBOX or its referenced partner in its original
packaging; it is stressed that if a prize is returned without its original
packaging, this warranty could not apply.
Article 7 - Limitation of liability
FITTINGBOX shall not be responsible if for any reason the participant has not
been able to access the Entry Form and/or site during the Contest period.
In particular, FITTINGBOX shall not be responsible in the event of
malfunctioning or the temporary suspension of electricity or
telecommunications, suspensions required for updating or maintenance,
breakdown or malfunctioning of the Internet network in the transmission of
messages or documents.
FITTINGBOX shall not be responsible, if in the event of force majeure or
events beyond its control, FITTINGBOX shall cancel, shorten, extend, postpone
the Contest or modify the terms or dates of the Contest.
FITTINGBOX does not give any warranty or guaranty that the allocated prizes
will run without interruption or without errors or that the will run with any
combination of elements chosen by the winners. For the avoidance of doubt,
it is reminded that FITTINGBOX does not provide any training or maintenance
services under this Regulation.
FITTINGBOX shall not be responsible for transportation delays in sending
prizes.
In the event of any supply problem (i.e. stock shortage, market withdrawal,
etc.), FITTINGBOX will make its best effort to provide an equivalent prize
within a reasonable period.
FITTINGBOX reserves the right to permanently exclude from the Contest any
person who, through fraudulent behavior, could interfere with the smooth
running of the Contest.
Similarly, FITTINGBOX reserves the right to pursue, by any means whatsoever,
any attempt to misuse the Regulation, in particular in the case of inaccurate
information.
Article 8 – Personal Data
It is recalled that, in order to participate to the Contest, the contestants shall
necessarily provide to FITTINGBOX some personal information about them
(name, address…). These information are necessary to take account of the
contestants’ participation, the determination of winners and the award prizes.
The details of the winner may be sent by FITTINGBOX to the providers
responsible for the delivery of the allocated prizes, who undertake to use
them only for this purpose.
The data collected may be used within the legal framework.
It is stressed that no protected health information (PHI) are collected or processed
by FITTINGBOX through the performance of the Contest.
In accordance with all the applicable Data Protection, Privacy and Security laws
and regulations, the contestants have a right to access, modify, rectify or
delete all their personal data. To exercise these rights, the participant will
have to send an email to FITTINGBOX at: [email protected].
Article 9 – Applicable Law
This Regulation is governed by French Law. Any dispute which may arise
relating to the formation or construction of this Regulation, or performance of
the Contest, shall be under the jurisdiction of the competent courts of
Toulouse (France).