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Rules of the competition games PRIZEE.COM |
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ARTICLE 1 - RECITALS ORGANISING COMPANY The company Prizee.com, registered with a capital of 1,000,000 € in the Trade and Companies's Register of the city of Clermont-Ferrand under the number 432 535 581, the Head Office of which is located at 22 allée Alan Turing, 63000 CLERMONT-FERRAND, France, offers a platform of free games with no obligation of purchase for an undefinite period on the Internet site accessible at the URL address http://www.prizee.com. N° intra-Community VAT: FR 22 432 535 581 00099 Name of the Director of Publication : Monsieur Tristan COLOMBET Address of the Host: SIVIT, 1 bis rue Duvernay 42110 Feurs – France OVH, 140 Quai du Sartel - 59100 Roubaix - France. INTELLECTUAL PROPERTY RIGHTS The site and all its attendant rights are the exclusive property of Prizee.com. All of the brands, logos and other distinguishing signs reproduced on the site, as well as on the sites to which the former allows access via hypertext links, are the exclusive property of their owners and, as such, are protected by the provisions of the Code of Intellectual Property, and this, worldwide. Any unauthorised reproduction, full or partial, of these brands, logos and signs constitutes an act of forgery and is subject to criminal sanction. All of the software used on this site as well as on those sites to which it allows access, together with texts, comments, drawings or pictures reproduced on the aforementioned site and on those it allows access, are subject to copyright and their unauthorised reproduction constitutes an act of forgery, and is subject to criminal sanction. ARTICLE 2 - GENERAL PLAYING CONDITIONS This game is open to any physical adult person, with the exception of the employees of the company which has organised the game, the members of employee's families and likewise of those persons who, in whatever capacity, have collaborated in the organisation of the games offered by Prizee.com. Minors can take part in this game, on the sole condition, that they have the authorisation of their parents or tutor. The playing of Minors implies, that they have been authorised to do so. Prizee.com reserves itself the right to claim, at any time, a justification or documentary evidence proving this authorisation, so as to proceed to any necessary checks. Minors, who cannot prove this authorisation within 15 days, shall be excluded from the game and their winnings cancelled. Registration is limited to one sole account per person. It is forbidden to use pseudonyms or incorrect details. Registration is made for an indefinite period without prejudice to the capacity of each of the parties to rescind the present contract at any given moment, without prior notice or justification. Prizee.com reserves itself the right to claim, at any time, documentary evidence proving identity, home address and the purchase of extra games, in particular an Identity Card or passport, registered address evidence, and a justification document for purchased Gos, depending on the means of payment used, a phone or internet bill, or a Bank statement along with the necessary bank information. The participant must keep the documentary evidence proving the purchase of extra Gos, for a whole year after used these Gos on the site. Should the participant provide no answer within 15 days, his winnings will be cancelled and he will be excluded from the game. Participation to Prizee.com games is achieved exclusively by electronic means on the Internet Site and is done so on an individual basis. Each participant must play in person and is forbidden to resort, directly or indirectly, to any automated mode of questioning or query of the site. It is strictly forbidden to modify or try to modify by whatever process the devices of the games offered, namely so as to modify their results or any other factor which determines both the outcome and the winners of a game. The company Prizee.com reserves the right to enforce equality of opportunities between all the participants, namely by legal means or any other means at their convenience. Prizee.com equally reserves the right to discontinue the participation of any person who fails to comply totally with the rules outlined herein. Prizee.com reserves the right to delete a pseudonym if 2 conditions are satisfied : the participant has not connected to the site prizee.com for more than one year and has not bought more than five (5) MaxPacks in the meantime. Likewise, a participant who would only have connected for one day to prizee.com would have his pseudonym deleted if he had not connected again within the following three (3) months. ARTICLE 3 - CURRENT LEGISLATION Certain games offered on the site resort to the simple factor of chance. In this regard, the company Prizee.com declares that it acts in full compliance with the legislation currently in force on the French territory (the latter being similar to the legislation currently in force in the different countries of the European Community as well as in most countries in general). The participant must check previously that he is accessing the site from a state the legislation of which generally authorises participation in games and, more particularly, in games which resort to the factor of chance. The games offered on the site operate in strict respect of the factor of chance, and do so from common computer functions which are reputed for their efficiency in providing a truly random character to the games involved, thereby guaranteeing that each and every participant is treated equally. ARTICLE 4 - REIMBURSEMENT OF PARTICIPATION COSTS Pursuant to the provisions of article L. 121-36 of the French Consumer Code, access to the site and participation in games offered on the same site are entirely free of charge, and as such the connection costs submitted by the participant shall be reimbursed according to the terms and conditions outlined hereafter. Prizee.com stores a computerised record of the dates and times of connection and disconnection to the site, as well as of the duration of each connection, for all participants. Only one single reimbursement per month and per household (same name, same postal address) is admitted provided that the participant is resident in France and that the normal conditions of use of the site are respected, bearing in mind that it is expressely agreed that normal use of the site cannot exceed 15 minutes par day. Given that in the current scenario of technical and service offers, certain Internet Providers offer a free or flat-rate to internet users, it is expressely agreed that any access to the site resulting from a free or flat-rate service (such as, for example, cable connection, ADSL, or specialised link) shall not entitle entitle the user to any reimbursement whatsoever, in as much as the subscription to the services of the Internet Provider is, in this case, contracted by the Internet user for his use of Internet in general and, therefore, the fact of connecting to the site to take part in the games does not cause him to incur any additional disbursement. In the case of a paying connection invoiced proportionally to the duration of the connection, the costs of connecting to the site in order to take part in the games will be reimbursed by cheque provided the participant applies by writing within the month of the disbursement of his expenses. The postmark will attest to the time of application, and reimbursement will be made within two months of the date of application of the participant. In the case of a flat-rate payment for a predetermined time of connection and, thereafter this time of connection, invoiced in proportion to the length of connection, the costs of connection to the site shall be reimbursed to the participant, as and when it is established that the participant has exceeded the flat-rate limit at his disposal and that this has occurred as a result of his connection to the site. In order to obtain reimbursement of his connection costs, as well as the postage fees related to his reimbursement application, the participant must submit a written application on plain paper, that contains the following items: - surname, first name and personal postal address; - an outline of the dates, times and duration of his connections to the site; - a copy of the detailed invoice of the telephone company and/or the Internet provider to which he is suscribed, with a breakdown of the dates and times of his connections to the site; The postage expenses incurred by the application for reimbursement of the connection costs shall be reimbursed, on request, on the basis of the second class rates in force at the time of application. The access to optional items or to packs of additional games on the site shall be reimbursed, on request, on the same conditions as those applied to the reimbursement of Internet access costs, and limited to one optional item or one pack of additional games per month and per household. ARTICLE 5 - OBTENTION OF PRIZES AND WINNINGS Each participant has a personal and virtual 'Treasure Chest' on the site which enables him to accumulate points. These points known as 'Bubz' can be won through different games offered on the site. Depending on the number of points held by the participant, the latter can, whenever he wishes, try to convert those points in 'Gifts' by simply going to the 'Gifts' section. Several methods of conversion are proposed, such as the "Show Window", the "Queue", the " Auction" and the "Scratching" section. The rules concerning the winning of prizes specific to each method are outlined in the relevant sections. other specific methods can be used temporarily for the attrribution of gifts. The participants are given more precision about these modalities if they differ from the aforementioned methods of conversion. The points can only be exchanged against goods or services exhibited and available in the above-mentioned 'Gift' sections whenever the participant carries out the points conversion. The conversion can be submitted to a prize draw among participants depending on the availability of the prizes at stake in the different sections as well as on the number of conversion requests made by the participants. In case, at the end of one of the games, several players shall be place first equal, and unless otherwise mentioned in the concerned Game rules, the winner therefore shall be appointed by drawing. The photographs or graphic representations exhibiting the products or the services of the Gifts section serve exclusively to illustrate and are not subject to contract. Unless otherwise indicated, the products or services described therein are not provided with any option or accessory. The participant must assume exclusively the costs of set-up, start-up, installation, use, administrative formalities in relation to the products or services won. Prizee.com reserves the right to modify, at its convenience and without prior notice, the list of the offered prizes or the rules relative to their award. The Prizes won are not exchangeable against one or other prizes, not against its price or its exchange value. They can't be attributed to a person other than the beneficiary participant. The postal address declared by the player on his account must, under no circumstances, bear the surname or first name of a person other than the holder of the account such as was declared at the time of registration. Further to verification of the conditions of award of the prize or winnings in question, the beneficiary participant is informed by Prizee.com, by electronic mail. The participant undertakes to confirm the postal address for the delivery of the prize within two (2) weeks at the latest. Unless the address is confirmed, Prizee.com should cancel the prize or winnings in question and refund the corresponding amount in "Bubz". Prizee.com undertakes to dispatch the prizes within a maximum term of delivery of 90 ninety days. If Prizee.com is unable to deliver the prize or winnings chosen by the participant, mainly in the event of the supplier of the prizes being out of stock or being subject to compulsory reorganisation or to a winding-up by decision of the courts, Prizee.com reserves the right to replace the original prize by another of equivalent or superior value or in default, to inform the participant by electonic mail and to restore the participant's account the amount of points converted . The participant won't have the right to claim any indemnities to Prizee.com. Without prejudice to any legal action on the part of the participant and to his right to cancel his registration, Prizee.com is under no obligation to deliver any prize or winning to the beneficiary participant if the latter did not record his details correctly at the time of registration or if he has manifestly, by whatever means, succeeded in falsifying the result of a game, or if he has not complied with the rules set out herein. By the very fact of accepting his prizes or winnings, the beneficiary participant expressly authorises Prizee.com and its commercial partners to publish and diffuse, with explicit mention of his prizes or winnings, his surname, first name, town/city, region and country of residence, image, voice and written texts, notably for commercial purposes or in advertising messages or in the context of publicity and promotional events, on whatever vehicle or by whatever technical means, In France and abroad, for a period of two (2) years, with no counterpart or right other than the prizes or the winnings. ARTICLE 6 - CHANGES IN THE RULES With a view to adapting to the development of the site and/or of its management, Prizee.com reservs the right to change, unilaterally and without prior notice, the rules of both games or services offered on the site. In such a case, the participant shall have the right to challenge without delay the aforementioned changes, after publication of the new provisions on the site where they can be freely consulted. Each already registered participant shall be informed, as soon as he connects to the site or by whatever other means, of the changes in the rules and shall be invited to consult and agree to the conditions of the new rules. If the participant does not accept the new rules, he must notify his refusal to Prizee.com by all possible means, namely by contacting Customer Service. This refusal will result in the immediate closing of the participant's account, and no compensation whatsoever may be claimed thereof. ARTICLE 7 - THE INFORMATION TECHNOLOGY, FILES AND PERSONAL LIBERTIES'S ACT In accordance with the French Act n° 78-17 of 6 January 1978, relative to information technology, to files and to personal liberties, and with the European Directive number 95/46 of 24 October 1995 relative to the protection of physical persons in relation to the processing of personal data and the free circulation of such data, those persons who, having already connected to the site and responded to the registration questions so as to access the games and services of the site, enjoy a right to challenge, access and rectify data which concern them. Consequently, all participants registered on the site have the right to demand that all information concerning them which proves to be inexact, incomplete, equivocal, or out of date, be rectified, completed, clarified, updated or deleted. Any such application must include the applicant's details and be sent in writing to the address of Prizee.com indicated in the first paragraph of the present document. Any such application can equally be formulated directly on the site by going to the 'Your Account' section and following the instructions specified therein. ARTICLE 8 - LIABILITY The fact of connecting to the site implies prior knowledge and acceptance by the participant of the features and the limits of Internet, namely regarding the technical performance, the iesponse time needed to consult, query or transfer information, the risks of interruption, and more generally the risks inherent to any connection to and transmission on Internet, the lack of protection of certain data against possible misappropriation and the risks of being contaminated by certain possible computer viruses circulating in the network. Consequently, with the provision that the following list is not exhaustive, Prizee.com shall under no circumstances be held liable for: - the transmission and/or reception of any data and/or information on Internet; - any malfunction of the Internet network preventing the correct operation and/or normal working of one or several of the games offered on the site; - the failure of any reception equipment or of the lines of communication; - the loss of any hard copy or electronic mail and, more generally, for the loss of any data; - problems of delivery of data; - the operation of any software; - the consequences of any computer virus or bug, anomaly, technical failure; - any damage caused to a participant's computer; - any technical, material and software failure of whatever nature, having prevented or limited participation in one of the games offered on the site, or having damaged the computer system of a participant. Prizee.com cannot be held liable for possible malfunctions of the Internet network which may give rise to failures in the administration, the security, the integrity or the management of games or services offered on the site. Persons connecting to the site and participants taking part in the games offered on the site do so on their entire responsibility. It is up to each participant to take all appropriate measures so as to protect his own data and/or software stored on his computer system from all possible danger. Moreover, Prizee.com cannot, of course, be held liable for the difficulties of connection or failure to connect to Internet which the participants might experience. Prizee.com cannot be held liable if, for whatever reason beyond its control, one or several games or services were to be modified, postponed or cancelled. Any development or change in the site's programme may give rise to an update and/or to a temporary unavailability of the site. Prizee.com can under no circumstances be held liable for the latter. Likewise, Prizee.com reserves the right to interrupt or suspend one or several games or services offered on the site, and to do so whenever it chooses without prior notice or without having to provide any justification in that respect. In that event, Prizee.com can in no way be held responsible for the situation created, and the participants will not be entitled to claim any compensation whatsoever. Prizee.com wishes to specify that the use of hypertext links can lead the participant to other websites that are fully independent from Prizee.com. In this regard, Prizee.com cannot be held liable for the activities of third party sites. Unless prior authorisation has been expressly granted, no participant is authorised to create a hypertext link between the site and another website, and should he do so, he will be held duly liable. In the natural course of events, Prizee.com may come to offer access to third party sites or the participation in programmes of customer loyalty, marketing or any other activity conducted on a thrid party website or programme. In this case, Prizee.com cannot be held liable for the activity of these third parties and enjoins the visitors to be fully informed of the conditions of the nature of the participation offered. More specifically, the third party sites visited by the participant or the advertisements shown on the site are likely to contain 'cookies'. The latter are managed on the sole responsibility of third parties that are totally independent from Prizee.com. It must be pointed out that Prizee.com has no access to the data that could be otained by means of the aforementioned 'cookies'. Prizee.com cannot be held responsible for a delay in the dispatch of winnings and prizes when this delay is not of his making, but is attributable to the service company contracted for the dispatch in question. Prizee.com cannot be held contractually or legally liable for operations regarding the transport of the awarded prize(s) and winning(s). Likewise, Prizee.com cannot be held liable for damage occurred in transit to the prizes or winnings. Prizee.com only delivers the prizes won by a participant and does not act in the capacity of producer, manufacturer, supplier, seller or distributor of the prizes, whatever these may be, and cannot be held liable with regard to any of the aforementioned professional activities. Any participant, who is winner of a prize or of winnings, undertakes to settle all income tax, other taxes, social security cotisations or another possible duty, of whatever nature, which might be legally due. Prizee.com disclaims all liability in this regard. At the time of registration, the participant must choose a means of identification and a password that will enable him to access the site. The participant must treat his password with all due confidentiality. The participant is solely responsible for the conservation and use of his means of identification and password, and notably is solely responsible for failure to access his account as a result of his having forgotten his means of identification or password, as well as for the appropriation by a third party of the winnings obtained. Any illicit use of the participant's means of identification or/and password must be notified in the shortest possible time by whatever means to Prizee.com, so that the latter can cancel the effects of such use once the participant's objection has been recorded. ARTICLE 9 - ADMISSIBLE EVIDENCE AGREEMENT By express agreement between the participant and Prizee.com, the computer systems and files of Prizee.com are the sole basis of authentification of evidence. The computerised records, as kept in Prizee.com's computer systems in reasonable conditions of security and reliability, are considered as evidence of the relations and correspondence having taken place between Prizee.com and the participant. Consequently, it is hereby agreed that, barring blatant error, Prizee.com can, namely for the purpose of proving any act, fact or omission, avail itself of programmes, data, files, recordings, operations and other elements (such as follow-up records or other informative statements) be they of a computer or electronic nature or in a computer or elctronic format or support, and created, received or kept directly or indirectly by Prizee.com, namely in its computer systems. All of the above-mentioned elements, thus, constitute elements of proof, and if they are produced as evidence by Prizee.com in any ordinary court proceedings or of another nature, they shall be admissible, valid and contestable for and by both parties in like manner, in the same conditions and with the same force of conclusive evidence as any document created, received or kept in writing. Operations of whatever nature that have been carried out thanks to the means of identification and password assigned to the participant after registration, are irrefutably presumed to have been carried out under the sole responsibility of the participant. ARTICLE 10 - ENFORCEABLE LAW AND INTERPRETATION Prizee.com, the site and the present rules are governed by French Law. As the case might be, unless otherwise provided by the legal authorities, any litigation shall be submitted to the relevant Court in Clermont Ferrand. The claims or any litigation arising from the interpretation or the enforcement of the present rules must be submitted, by recommended letter, with acknowledgement of receipt, to the Head Office of Prizee.com. ARTICLE 11 - DEPOSIT AND CONSULTATION OF THE RULES These rules annul and replace the previous, registered on the 21/08/2000, 10/02/2003, 15/09/2004 and 21/04/2005. The complete version of the present rules has been deposited in the offices of Maître Bertherat, Bailiff of Justice, 43 avenue Julien, 63000 CLERMONT-FERRAND. All of the provisions of the present rules can be consulted free of charge on the site in the 'Rules' section appearing at the bottom of each page, or can be obtained by writing to Prizee.com, the address of which is shown in the first Article of the present document. The postage expenses incurred to apply for a copy of the rules shall be reimbursed, on request, on the basis of the second class postal rate currently in force. |
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