RULES OF THE GAME “TOM’S JOURNEY” ARTICLE 1: ORGANIZING COMPANY LE CHÈQUE DÉJEUNER, a Cooperative and Participatory Society in anonymous form with variable share capital registered at the RCS of NANTERRE under the number 642 044 366 and whose head office is located 27-29 avenue des Louvresses, ZAC de Louvresses, BP 32, 92234 GENNEVILLIERS Cedex, hereinafter referred to as: “LE CHEQUE DEJEUNER” or “Organizer”, is organizing a Game free of charge with no obligation to purchase, in France (including Corsica) and the French overseas territories, in Germany, Morocco, the Czech Republic, Bulgaria, Mexico, Slovakia, Spain, Poland, Turkey, Hungary, Portugal, Greece, Italy, Brazil, Belgium and Romania, entitled “Tom’s Journey” from Thursday, November 3, 2016 at 10:00 am to Wednesday, November 30, 2016 at 10:00 am (hereinafter referred to as the “Game”). The Game is available at the following web address: https://www.facebook.com/UpGroup.Coop by clicking on the "Tom's Journey" tab or on the app link in a post on the Facebook page or directly at the following address: https://levoyagedetom.up.coop. Participants acknowledge that they are informed of Facebook’s privacy policy which can be consulted directly on the site. This Game is neither organized, managed, nor sponsored by Facebook. Participants cannot hold Facebook liable in any way in connection with their participation in the Game and/or any consequences relating thereto. ARTICLE 2: DURATION OF THE GAME The Game will take place from Thursday, November 3, 2016 at 10:00 am to Wednesday, November 30, 2016 at 10:00 am. The draw which will designate the 12 (twelve) winners will take place at the premises of the organizing Company. ARTICLE 3: CONDITIONS OF PARTICIPATION This Game is free of charge and no purchase is necessary. Participation in the Game is open to individuals who are of age (hereinafter referred to as "Participants"), in France (including Corsica) and the French overseas territories, in Germany, Morocco, the Czech Republic, Bulgaria, Mexico, Slovakia, Spain, Poland, Turkey, Hungary, Portugal, Greece, Italy, Brazil, Belgium and Romania. Notwithstanding the foregoing, all staff of the company below, and members of their family (parents, brothers, sisters, children) and their spouses (wife, husband, civil union partner or recognized or unrecognized cohabiting partner residing in the same household), may not participate in this Game, whether directly or indirectly, namely: - THE ROXANE COMPANY, Rules of Up group’s Game “Tom’s journey” Participation in the Game implies the acceptance by Participants of the collection, prior registration and use of their personal information (name, mailing address and email address), such as is strictly necessary for the purpose of managing the Game. Persons refusing the collection, registration and/or use of their personal information that is strictly necessary for the management of the Game will not be able to participate in the Game. Participants allow all checks regarding their identity. Such verifications will be conducted in strict compliance with article 9 of the Civil Code. Any information or indication of identity that is forged, fraudulent, false, misleading, incorrect, or inaccurate will result in immediate elimination of the Participant and, as the case may be, reimbursement of any endowments having already been allocated. Participants may accept or refuse to receive news about the organizing Company or subsidiaries of companies held directly or indirectly by the organizing Company. For all Participants, participation in the Game implies full and unreserved acceptance of the present regulations, of ethical rules in force on the Internet, as well as the laws and regulations in force in France, and in particular provisions that are applicable to Games. Any information provided by Participants must be valid and sincere under pain of exclusion from the Game and, where appropriate, the loss of winner status and restitution of any endowments received. Failure to comply with said regulations renders participation and the allocation of an endowment, if any, null and void, entailing if appropriate the refund or return of any endowments already allocated. The organizing Company further reserves the right to initiate any legal action in the event of fraud or attempted fraud in any form whatsoever, including by means of electronic computing, in connection with any participation in the Game. ARTICLE 4: TERMS AND CONDITIONS FOR PARTICIPATION Participation in the Game is exclusively on the Internet, with access on a computer, smartphone or tablet. The Game is available at the following address: https://www.facebook.com/UpGroup.Coop or directly here: https://levoyagedetom.up.coop. In this regard, no registration by phone, fax, electronic or postal service will be taken into account. In order to participate, Participants must: - have a valid email address, - have a personal Facebook account (on the www.facebook.com website) with this valid email address, - go to the page https://www.facebook.com/UpGroup.Coop or https://www.levoyagedetom.com - accept that the application dedicated to the Game connects to their account, and confirms their email address, - fill out the registration form (title, last and first name, email address and confirmation of email address) and validate by Wednesday 30 November 2016 at 10:00 am included (date and time of connection being authentic). Rules of Up group’s Game “Tom’s journey” - accept the rules of the Operation. Any form that has not been completed, that is incomprehensible or untimely will not be taken into account. The https://www.facebook.com/UpGroup.Coop page has a tab dedicated to the Game, entitled "Tom’s Journey". This tab displays the information necessary for participation, in French, English and Spanish. Only one entry per person (same name, same postal or e-mail address) will be accepted. Only entries in compliance with all the provisions of these rules will be accepted for participation in the Game. Participants can play on the Facebook Game page at https://www.facebook.com/UpGroup.coop and renew this operation for the duration of the Game. The application is available in desktop and mobile format. The Game is composed of three (3) mini-Games. Participants must win three (3) mini Games in the video. Participants can stop at any point in the Game and continue it later. If Participants finish the mini Game correctly, the video continues. If Participants do not win the mini Game, they must retry until they win the mini Game. Participants may try their luck again as many times as they wish. To participate in the draw, Participants must have collected five (5) "Up points" in the Game, including three (3) thanks to three (3) mini-Games and two (2) by playing the video, and must sign up for the draw via the registration form. Participants can double the chances of winning by inviting one of their Facebook friends to also play. To do this they must click on the "Invite your friends" button shown on the screen at the end of the Game. This bonus will be taken into account only if the Guest accepts the invitation. Participants may try their luck again as many times as they wish to collect the five (5) "Up points". ARTICLE 5: DESIGNATION OF THE WINNERS Will be designated as winners, subject to complying with the terms of this regulation, twelve (12) Participants who will have been drawn among all Participants having collected five (5) "Up points" and filled out the registration form for the draw. The date for the draw will be set between December 01, 2016 and December 31, 2016, and the draw will be held at the headquarters of the organizing Company. Rules of Up group’s Game “Tom’s journey” The twelve (12) Participants whose names will be drawn will each win one of the prizes described in article 6 of these rules. The prizes will be allocated in the order of the drawing of lots. Ten (10) additional draws will be carried out under the same conditions in order to designate other winners in case of non-response to one or more of the initial winners, or refusal on their part within a period of one (1) month after the end of the Game, among entries validly received between Thursday, November 3, 2016 at 10:00 am and Wednesday, November 30, 2016 at 10:00 am. Within three (3) days of the draw, the winners will be informed of their gain(s) by e-mail, at the email address they used to participate in the Game on Up group’s Facebook page and will be invited to confirm their personal data. If a winner does not respond to this solicitation within a period of one (1) month after the close of the Game, following the e-mail sent by the organizing Company, by sending an e-mail confirming that he accepts the prize, a new winner will be chosen. In this event, the first of the Participants drawn from the ten (10) additional draws will be informed that he or she won under the same conditions as the first. Failing a confirmation from this Participant within a period of ten (10) days from the date of the e-mail informing him that he has won, or in case of refusal, this Participant will be considered as having given up his prize. In this event, the second of the Participants drawn from ten (10) additional draws will be informed that he has won under the same conditions as the first. Failing a confirmation of from this Participant within a period of ten (10) days from the date of the e-mail informing him that he has won, or in case of refusal, this Participant will be considered as having given up his prize. And so on until the Participant designated by the tenth (10th) extra draw. In the event that a winner cannot be contacted because of an incorrect email address, he will be replaced by a substitute who will then be considered as the winner and will receive the prize instead of the defaulting winner. The prizes will be sent, as from the date of the email confirming the winner's acceptance of his prize, to the mailing address provided by the winner. If the information concerning the winner is incorrect or insufficiently precise to send the prize, the prize allocation will be cancelled. Winners authorize any and all verifications regarding their identity, their address or their age. Any information relating to identity, address or age which may prove false shall automatically lead to the relevant participant’s elimination. Any information with respect to identity or address which proves to be false shall result in any win being considered null and void. ARTICLE 6: PRIZES Twelve (12) prizes are attributed during the draw. Rules of Up group’s Game “Tom’s journey” The following prizes will be awarded: - 2 (two) laptops (128). - 5 (five) tablets (16 GB), and - 5 (five) smart watches (38 mm). Details of the prizes are as follows: - 2 (two) laptops with 128 GB capacity and a unit value of €999, - 5 (five) tablets, with a capacity of 16 GB and Wifi with a unit value of €439. - 5 (five) smart watches, 38 mm, unit value of €319. Only one prize is awarded per household (same name/same address and/or email address). Winners may not under any circumstance request a sum of money in lieu of the prize and prizes may be neither returned nor exchanged. The organizing Company reserves the right, if circumstances so require, to replace this prize with another of equivalent value. The organizing Company's liability is limited to these prizes alone, and the Company cannot under any circumstance be held liable regardless of any incidents that may occur during transport. The organizing Company cannot be held responsible for the use or trading of any prizes by the winners. The organizing Company shall not be liable for any disputes relating to the terms and conditions governing the award of prizes. ARTICLE 7: TRANSFER OF RIGHTS AND ACCEPTANCE BY THE WINNER Subject to availing themselves of Article 9 of the Civil Code, by participating in this Game, each winner authorizes the Organizer, free of charge, to use, reproduce or disseminate, in the form of advertising through the usual communication media and specifically group Up’s Facebook page, in the context of the Game, said winner’s first name and the first letter of his last name, without any kind of remuneration, right or benefit other than the prize being awarded to him. However, should the winner not wish his first name and the first letter of his last name to be used at all in the context described above, he can make this request by registered letter with acknowledgment of receipt sent to the address indicated in article 9 of these rules. ARTICLE 8: INFORMATION ABOUT THE WINNERS The name of the winners of the Game (title, name and surname) can be obtained by post by sending a stamped envelope bearing the address of the applicant to the address indicated in article 9 of this Regulation no later than January 15, 2017. ARTICLE 9: DATA PROTECTION AND PRIVACY Participants are informed that personal data saved in the context of this Game is collected for the purposes of the organizing Company, that this information is necessary in order to register their participation in the Game and will be used only for the requirements of the Game. Rules of Up group’s Game “Tom’s journey” The organizing company is the only receiver of the personal data collected. The collected data may be transmitted to partners and subcontractors of the organizing Company for the purpose of performing work conducted on the Company’s behalf in connection with this Game. Pursuant to the French Law No. 78-17 of 6 January 1978 on Data Privacy, Participants have the right to access, modify, rectify and delete their personal data held by the organizer of the Game. They can exercise this right by writing to the following address: LE CHEQUE DEJEUNER - Pôle Internet - 27-29 avenue des Louvresses - ZAC des Louvresses - BP 33 - 92234 Gennevilliers Cedex. ARTICLE 10: LIABILITY The organizing company shall not bear any liability with respect to any quality aspects of the prizes. The organizing Company further declines any liability for damage during transport, delayed delivery or loss of packages that may occur. The organizing Company shall not be liable in any way, should it be obliged, due to force majeure circumstances or to events beyond its control, to cancel the Game, to curtail it, extend it, postpone it or alter its terms. The organizing Company shall make every effort to provide participants with information and/or available and verified tools, but cannot be held responsible in the event that any Game participation page may be unavailable while the Game is proceeding, nor for any errors (including display issues on the Game sites, erroneous emails sent to Participants, etc.), unavailability of information and/or the presence of viruses on its sites, or for any malfunction of the Internet network preventing the proper proceeding of the Game, interruptions, delayed data transmission, failures of Participant’s computer, phone, tablet, modem, phone line, failure of servers, Internet access providers, phone operators, IT equipment or software. Furthermore, the organizing Company cannot be held responsible for the loss of any e-mail and more generally, the loss of any data, for the consequences of any virus, computer bug, anomaly, technical failure, or for any damage caused to a Participant’s computer, mobile phone or tablet, of any technical, hardware and software failure of any kind having prevented or limited the opportunity to participate in the Game or having damaged a Participant’s computer system. Participation in this Game implies the knowledge and acceptance of the characteristics and limits of the Internet, the absence of protection of certain data against possible hacking and the risks of contamination by any viruses circulating on the network. The organizing Company shall not be liable for in the event of winner’s non-compliance with the terms of the award of his prize or conditions for using said prize. It is the responsibility of every Participant to take all appropriate measures to protect his own data and/or software stored on his IT and telephone equipment against any attack. Any person connecting to the site www.facebook.com and participating in the Game does so under his sole responsibility. Participation in this Game implies the knowledge and acceptance of the characteristics and limits of the Internet, the absence of protection of certain data against possible hacking and the risks of contamination by any viruses circulating on the network. The Prizes and conditions for Rules of Up group’s Game “Tom’s journey” using said prizes may not give rise to any dispute or claim of any kind, nor may said prizes be exchanged or be subject to a payment of their value in cash at the request of the winners. Lastly, the organizing Company declines all responsibility from the moment the winners receive their prizes. By participating in the Game, Participants shall hold Facebook harmless, recognizing that only the terms of the present rules are applicable, whereby no objection may be raised with respect to Facebook. The Game is not connected to, managed by nor sponsored by Facebook. ARTICLE 11: ACCEPTANCE OF THE RULES / DEPOSIT Participation in the Game implies the acceptance pure and simple of the present rules in their entirety. These rules have been deposited at the firm SCP Benzaken - Fourreau - Sebban, bailiffs, 38 rue Salvador Allende - 92000 Nanterre. The rules shall be sent to any person upon written request sent before the end of the period of participation in the Game, and mailed to the following address: LE CHEQUE DEJEUNER - Pôle Internet - 27-29 avenue des Louvresses - ZAC des Louvresses - BP 33 - 92234 Gennevilliers Cedex. The complete rules of the Game may be viewed online and printed for the duration of the Game on Facebook on the page dedicated to the Game. ARTICLE 12: APPLICABLE LAW The Game and the present rules are governed by French law. Claims relating to the Game may not be received after a period of five (5) working days after the close of the Game. In the event that any one of the provisions of these rules were to be declared null and void, this shall not in any way affect the validity of these rules, and all its other provisions would remain in force and apply in scope. Rules of Up group’s Game “Tom’s journey”
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