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ARTICLE 1. ORGANISERS AND APPLICABLE LAW The English registered company TAG Heuer LVMH WJ UK, head office located at 13 crescent Place, 2nd floor, London SW3 2EA, United Kingdom and the French registered company Modelabs Manufacture, with a share capital of 1,000,000 euros, head office located at 11 bis rue de Roquépine 75008 Paris, France, registered in the corporate and trade register of companies in Paris, France under the number 503 481 244 000 13, hereinafter jointly referred to as “the Organisers”, are jointly organising a sweepstake with no purchase required from September 11th 2009 until October 29th 2009 (hereinafter referred to as “the Game”). The Game is accessible on the site http://www.meridiist-phone.com, hereinafter referred to as "the Site”. The Game, the Site and the interpretation of these rules are governed by and shall be construed with the laws of England and Wales. ARTICLE 2. PARTICIPATION CONDITIONS Registering for the Game implies acceptance, without reserve, and the respect of the provisions of these rules, which can be accessed on the Site during registration and at any time during the Game. 2.1 Conditions of registration to the Game Participation in the Game is open to all persons properly registered on the Site excluding any staff of the Organisers and of the companies participating in the creation of the Game as well as their family (parents, brothers and sisters or any other person residing in the same household). Participants must be aged 18 or over and have legal capacity. Any person wishing to participate in the Game must inform the Organisers of his civil status, first name, surname, valid e-mail address, zip code, country and whether or not he wishes to receive offers from the Organisers by e-mail. 2.2 Participants' data Participants have the right to access, modify, rectify and remove any personal data with the Organisers of this Game and for the duration of the Game by contacting: 1000mercis Game “Meridiist Time in your hand” 28 rue de Châteaudun 75009 Paris, France Subject to their explicit consent, or if applicable, failing any opposition from their part, information collected on participants can be used by the Organisers or their respective commercial partners in order to better serve them and inform them of their new products and offers which are likely to interest them. 2.3 Validity of participation The information and personal details provided by the participant must be valid and true; otherwise they risk exclusion from the Game and, if applicable, lose their chance of winning. It is strictly forbidden, by any procedure whatsoever, to modify or to attempt to modify the provisions of the Game put forward, notably in order to modify the results or to influence the validity of the draw or of the designation of a winner by any automated or unfair means. If it appears that a participant was drawn or won a prize in breach of these rules, by fraudulent means, such as an automated research or by using an algorithm, or by any other means than those resulting from the process described by the Organisers on the Site or by these rules, the prize concerned would not be allocated to him and would remain the property of the Organisers, without prejudice to any proceedings likely to be instituted against the participant by the Organisers or by third parties. It is strictly forbidden for a participant to play with several different e-mail addresses or to play from an account opened for another player. One single account shall be opened by each person with the same first name, surname, e-mail address and home address. ARTICLE 3. PRINCIPLES OF THE GAME 3.1 Technical aspects of the Game To participate in the Game and have a chance of winning, the participant must: - Register on the Game website and enter his civil status, first name, surname, valid e-mail address, zip code, country and whether or not he wishes to receive offers from the Organisers; - Once registered, the participant must personalize the MERIDIIST he wants to win then answer 3 questions about the official video and choose the end. The better the participant answers the questions, the more points he gets for the final prize draw. 3.2 Invitations sent by the participant to friends and family If desired, the participant may decide to invite friends and family to register for the Game. In this event, the participant may, holding responsibility for dealing with the e-mail addresses of his friends and family, provide the Organisers with the e-mail addresses of his friends and family so that the Organisers can send them a message on behalf of the participant, inviting them to take part in the Game. The participant takes the initiative and the responsibility to provide the e-mail addresses of his friends and family to send such an invitation. He takes it upon himself to have obtained the explicit consent and to have informed the holders of the e-mail address which he provides to the Organisers. The Organisers act only on the will and on behalf of the participant as the technical agent to send the messages of the participant. Consequently, the participant frees the Organisers of all responsibility for the e-mail addresses of his friends and family which he provides to the Organisers and for sending a message inviting these friends and family. The Organisers and the Operator of the Game on behalf of the Organisers process the data regarding Site traffic and connections, retaining in particular the IP address of the computer used by a participant in order to establish Site visitor statistics and to check the sincerity and loyalty of a participant in the Game and his conformity to the rules, notably to detect or prevent any automated requests on the Site of the Game or any sending of automated invitations to third parties, which would systematically lead to the exclusion of the Participant concerned and any prize, exposing the Participant concerned to proceedings likely to be instituted against him by the Organisers or by third parties. If applicable, the Organisers could make these traffic statistics available to third parties or public authorities, under the conditions set by the law. For each person invited by a participant, the latter may obtain 1 new entry for the final prize draw. The e-mail addresses of the friends and family of a participant provided by the latter must be valid and different from each other in order to count towards the points earned by the participant. ARTICLE 4. PRIZE 8 winners will be designated by draw. The following prizes are awarded during the Competition (1 prize for each winner): - 3 TAG Heuer MERIDIIST mobile phones engraved with a personal message (12 characters maximum) of a maximum unit value of € 3700 including tax; - 5 TAG Heuer multifunction headsets of a maximum unit value of € 450 including tax. The Organisers reserve the right to replace any prize by another prize of an equivalent value, notably in the event of a lack of availability of the initial prize. ARTICLE 5. DESIGNATION OF THE WINNERS The winners shall be designated by a draw on November 2nd 2009 at 4PM (Paris time) using a random algorithm with the court bailiff, depositary of these rules. The winners shall be designated after their eligibility for the relevant prize has been checked. The participants designated during the draw shall be contacted by e-mail by the Organisers. If a participant drawn does not respond within 15 days after this e-mail has been sent, it shall be considered that he has given up his prize and the prize shall remain the property of the Organisers. The full name of the winners may be obtained by sending a stamped addressed envelope to the Organisers at the address indicated in article 6 below, in the month following the draw. The Organisers shall publish the name and the prize won by the winners online and offline, without this granting them any rights other than the prize in question. For a prize won by a participant aged under 18 years old, the agreement of the parents shall be necessary. Failing this, the prize shall not be awarded and shall remain the property of the Organisers. The winners shall conform to the rules of the Game. If it proves that they do not meet the criteria of these rules, the prize shall not be allocated to them. Participants authorise any checks concerning their identity, their age, their postal address or the loyalty and sincerity of their participation. Any false declaration, indication of identity or address shall lead to the immediate elimination of the participant and if applicable the reimbursement of any prizes already sent. ARTICLE 6. GRATUITY OF PARTICIPATION No financial compensation, nor expenses in any form whatsoever, shall be claimed by the participants for their participation. The fees incurred by the participation in the draw via the Internet shall be reimbursed on request sent exclusively by letter to the Operator of this Game assisting the Organisers in the organisation of the Game: 1000mercis Game “Meridiist Time In Your Hand” 28 rue de Châteaudun 75009 Paris, France The set amount of the reimbursement corresponding to any telephone costs resulting from registering in the Game, participating and connecting to the Internet to consult the results, shall be €0.61. If applicable, any request for a reimbursement shall be sent within 15 (fifteen) days following participation and this request for reimbursement shall include immediately or when available, the following documents and information relative to the participant: - his first name, surname, postal and e-mail address, - a photocopy of his ID card, - the date and time of his participation, - as soon as possible, a photocopy of the itemised bill from the telephone operator and/or Internet access provider. This photocopy shall act as proof of address. No request for reimbursement sent by e-mail shall be accepted. However, any access to the Site from a free or set-rate connection (by cable, ADSL, Wi-Fi or any other special connection) shall not give rise to any reimbursement insofar as the actual connection to the Site and the participation in the Game shall not have generated any direct fee. ARTICLE 7. LIABILITY The images used on the Site, the objects represented, the brands and commercial names mentioned, the graphic, IT and database elements which make up the Site, are the exclusive property of their respective holders and shall not be extracted, reproduced or used without the written authorisation of these holders, under the risk of civil or criminal proceedings. Any resemblance of characters or elements of the Game with other fictitious characters or other already existing elements is purely accidental and the Organisers or his service providers such as the Operator of the Game acting on behalf of the Organisers shall not be held liable. The Organisers or his service providers such as the Operator of the Game acting on behalf of the Organisers shall not incur any responsibility if, in the event of force majeure or any events independent of his will or of justified necessity, they are obliged to cancel this Game, to shorten it, extend it, postpone it or change the conditions and they shall not be held liable for this fact. In all events, they reserve the right to extend the participation period. In particular, the Organisers, or their service providers, decline all responsibility in the event that the Site should be unavailable during the period of the Game, or in the event of the malfunctioning of the automated draw, which is not attributable to them or in the event that the information provided by participants should be destroyed for a reason not attributable to them. The Organisers, or their service providers, reserves the right to replace any prize which may not be available by a prize of equivalent value. The prizes may not give rise to any protest or dispute of any kind, nor be exchanged, nor may the winner request the equivalent value of the prize in cash. The winner agrees not to hold the Organisers or their service providers liable in terms of the quality, characteristics or functioning of the product or service given as a prize within the framework of the Game, insofar as the Organisers are not the distributors, producers or manufacturers. |
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