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CONTEST RULES [XMAS]

ARTICLE 1 – PURPOSE


Smartbox Group Ltd (hereinafter, the “Organising Company”), an Irish company registered in the Irish Commercial Register under number 463103, whose registered office is located at Joyce's Court – Block A, Talbot Street, Dublin 1 – D01FV59, Ireland, is organising a free contest with no purchase necessary, entitled “XMAS” (hereinafter, the “Contest”).

The purpose of these Contest rules (hereinafter, the “Rules”) is to set the terms and conditions for participating in the Contest and the rights and obligations of the Organising Company and the Participants in this framework. They are available at the following URL [LINK TO THE CONTEST] and may be provided free of charge to any person who requests it.

Participating in the Contest implies the unconditional acceptance of the Rules. Non-compliance with the Rules will result in automatic cancellation of the entry and the possible allocation of the prize provided for by the Game (hereinafter, the “Prize”).

ARTICLE 2 – CONDITIONS OF PARTICIPATION


  • 2.1 This Contest is open to any natural person residing in [IRELAND] on the date of the entry (hereinafter, the “Participant”) and having a Facebook account. Only one entry is allowed per person (per Facebook account).
  • 2.2 No member of the Organising Company’s staff or the staff of the companies contributing to the creation or organisation of the Contest, or their families (direct ascendants and descendants) and spouses (marriage, civil partnership, cohabitation), or minors may enter the Contest and receive any Prize, whether directly or indirectly.
  • 2.3 The Contest is not open to anyone who does not meet the conditions specified above.

    The organising company reserves the right to ask any Participant to provide proof that they meet these conditions. Anyone who does not fulfil these conditions or who refuses to provide proof of such will be removed from the Contest and may not receive the prize if they were to win it.

ARTICLE 3 – TERMS OF PARTICIPATION


3.1 DURATION

The Organising Company will set up the key event “XMAS” (hereinafter, the “Key Event"), which will run from 15/11/2018 to 25/12/2018. During the Key Event, the Organising Company will set up a Contest that will run from noon on 06/12/2018 to 11:59 p.m. on 26/12/2018.

3.2 CONTEST PRINCIPLES

During the contest period, the Contest is accessible 24 hours a day exclusively on the Facebook page of Smartbox [IRELAND] (hereinafter, the “Smartbox Page"). As such, it will not be possible to sign up by telephone, fax or post.

The Contest works as follows:

  • The Participant logs in to his/her Facebook account and goes to the Smartbox Page;
  • At noon on 06/12/2018, the Organising Company will publish a status indicating the terms of the Contest along with a link to the Rules;
  • The Participant must “like” the Organising Company’s Facebook status AND answer the question “Leave a comment telling us about your best Christmas memory for a chance to win the Smartest Box” and get the most “like” on his comment.

Publishing his/her comment automatically enters the Participant in the end-of-Contest lucky draw (a chance to win the lucky draw).

Participants may only enter one comment. In case of multiple sessions, Participants may enter one comment per session.

3.2 VALIDITY OF THE ENTRY

If the information and contact details provided by the Participant are not valid and genuine, he/she may be removed from the Contest and lose any prizes he/she may have won.

It is strictly forbidden to tamper with or attempt to tamper with the Contest systems in order to change the results or influence the validity of the lucky draw via automatic and/or dishonest means.

In the event a Participant wins the Prize by obviously breaking the Rules via fraudulent means such as automated publication (for example, among others: participation software, automated management, the use of algorithms, etc.) or unfair publication (for example, among others: membership in mutual assistance or vote-sharing groups or similar conduct), or by any means other than those resulting from the process described by the Organising Company in these Rules, he/she will not be awarded the prize, which shall remain the property of the Organising Company, without prejudice to any legal proceedings that the Organising Company or third parties may bring against the Participant.

The Organising Company reserves the right to request a copy of the winner’s proof of identity before sending the Prize. Any false declaration or communication of a false identity or address shall result in the immediate elimination of the Contest winner and the refund of the Prize if it has already been sent.

3.3 SELECTION OF WINNERS

The winner shall be selected from among the Participants (hereinafter, the “Winner”).

20 of the Participants having entered the Contest in accordance with the Rules will be randomly drawn on 27/12/2018. The Organising Company will name the Participant with the most “liked” comment among those selected as Winner.

If, after verification, the Winner of the lucky draw (i) turns out to be unqualified to participate in the Contest, or (ii) refuses the Prize, or (iii) cannot be awarded the Prize for any other reason, it will be awarded to the 2nd most “liked” comment (hereinafter the “Substitute”). The conditions for awarding the Prize to the Substitute are the same as for the initial Winner (same procedure and same time periods).

Only the Winner and the Substitute, if there is one, will be informed of the results of the Contest.

At most two (2) days after the drawing, the Organising Company will inform the Winner via a comment on his/her post inviting him/her to contact it via “Facebook Messenger” for instructions to receive the Prize. In this regard, the Organising Company cannot be held responsible if the Winner cannot read his/her message or cannot reach it due to a malfunction of Facebook.

3.4 AUTHENTICITY OF THE INFORMATION PROVIDED

The Participant is solely responsible for the accuracy of the information he/she provides and any changes to his/his personal information, such as in the event of a move, in which case he/she will be asked to provide updated contact information.

ARTICLE 4 – PROCEDURES FOR AWARDING THE PRIZE


4.1 THE PRIZE

The Prize is:
- [STAY] “Two Night Luxury Break” worth 239.90 euros

The Prize marketed by the organising company under the “Smartbox” brand presents the partners selected by the Organising Company [DESCRIPTION OF THE SERVICE].

The Prize cannot be transferred or modified and is non-refundable, either in whole or in part. No financial compensation can be negotiated. The Organising Company reserves the right to unilaterally modify the Prize and replace it with a Prize of the same value if the Prize originally chosen is no longer available through no fault of its own.

The value indicated for the Prize corresponds to its current or estimated public price at the time the Rules are written, and is provided as a simple indication, subject to change.

As a reminder, any Prize won by the Winner is subject to Smartbox’s terms and conditions of sale and use available on the www.smartbox. com website.

4.2 AWARDING OF THE PRIZE

In order to receive the Prize, the Winner must come forward within one (1) month of the time the comment announcing the award of the Prize is published. To this end, the Winner must contact Smartbox via private message on Messenger and provide it with his/her e-mail address to receive the Prize.

If the Winner refuses to provide an e-mail or does not contact Smartbox within one month, he/she will be deemed to have purely and simply waived the Prize. This waiver will not give rise to any compensation. Another Winner will then be chosen under the conditions set out in Article 3.3 of these Rules.

The Organising Company shall keep any Prize that cannot be distributed due to an error, omission or change in the e-mail provided by the Participant or for any other reason.

ARTICLE 5 – MODIFICATION OF THE DATES OF THE CONTEST AND INCREASED NUMBER OF PRIZES


The Organising Company shall not be held responsible for force majeure or events beyond its control obliging it to cancel this Contest.

Force majeure is understood here as any event beyond the control of the Organising Company that could not reasonably be foreseen at the time these Rules were written, with effects that cannot be avoided via appropriate measures.

It also reserves the right to extend or limit the entry period, postpone it or modify its terms, and it cannot be held responsible for this.

Additions and amendments to these Rules may be published during the Contest. They will be considered as annexes to these Rules. Such additions and modifications will provide details on the Contest and the terms of participation and will not alter the substance of the Contest itself.

Participants are invited to regularly visit the Contest Site to learn of any changes.

ARTICLE 6 – USE OF PERSONAL INFORMATION


6.1 As a reminder, to participate in the Contest, Participants must provide certain personal information about themselves such as their user name, real name, photograph, caption, location and/or other identification information required for the smooth running of the Contest. Only the Winner must provide his/her e-mail for the sole purpose of receiving the prize.

6.2 For the purposes of the lucky draw, the Organising Company will send only the Participants’ information accessible on the Facebook post to a third party. Participants may object to this by deleting their comments. However, deleted comments will be deemed to indicate a waiver of participation in the Contest.

6.3 The winner's e-mail will only be sent to the Organising Company. To find out about the characteristics of the Organising Company’s personal data protection policy, Participants are expressly invited to read the Privacy Policy available on the Smartbox website.

ARTICLE 7 – LIMITATION OF LIABILITY


7.1 Facebook is not involved in the organisation of the Contest in any way. The Contest is not managed or sponsored by Facebook. Face cannot under any circumstances be held responsible in case of a dispute related to the Contest. For any questions, comments and/or complaints concerning the Contest, Participants must contact the Organising Company by sending a private message to the Smartbox Page.

7.2 The Organising Company cannot be held responsible for delays and/or losses during shipping due to ISP or Internet network failures or for any other reason.

7.3. Entering the Contest implies the participant's knowledge and acceptance of the features and limitations of the Internet, particularly with regard to technical performance, browsing, searching and data transmission response times, risk of disruptions, and in general the risks inherent in all Internet connections and transmissions, the lack of protection of certain data against possible misappropriation and the possible risk of infection by computer viruses circulating on the network. Consequently, the Organising Company cannot under any circumstances be held responsible for the following, this list not being exhaustive:

  • - the transmission and/or reception of any data and/or information on the Internet;
  • - any malfunction of the Internet network, preventing the smooth running/operation of the Contest;
  • - the failure of any receiving equipment or communication lines;
  • - the loss of paper or electronic mail and, in general, the loss of data;
  • - routing problems;
  • - the operation of any software;
  • - the consequences of viruses, computer bugs, anomalies, or technical failures;
  • - any damage to a Participant's computer;
  • - any technical, hardware or software failure of any kind that prevents or limits the possibility of participating in the Contest or damages a Participant's system;
  • - the malfunction of the Prize distributed under the Contest and any direct and/or indirect damage it may cause.

7.4 It is stipulated that the Organising Company cannot be held responsible for any direct or indirect damage related to any disruption or malfunction whatsoever and for any reason whatsoever, or any direct damage that may result in any way from connecting to the Smartbox Page dedicated to the Contest. It is the responsibility of Participants to take all appropriate measures to protect their own data and/or the software stored on their computer equipment against attacks.

7.5 The Organising Company may cancel all or part of the Contest or the process of choosing the Winner if it appears that fraud has been committed in any form whatsoever, including via information technologies. In this case, the Organising Company reserves the right to not award the Prize to the fraudsters and/or to bring proceedings against them before the competent courts. The Organising Company may not, however, be held responsible to the Participants for any fraud that may occur. In particular, it shall be considered fraud for a Participant to use one or more fictitious accounts or accounts borrowed from one or more third parties; each Participant must enter the Contest under his/her own name. Any fraud will result in the elimination of the Participant.

7.6 The Organising Company reserves the right to permanently ban from the Contest any person who may interfere with the smooth running of the Contest through fraudulent behaviour. Likewise, any attempt to use the Contest outside the unmodified interface set up on the Site will be considered an attempted fraud. In addition, decompiling the Contest, or using personal scripts or any other method designed to circumvent the intended use of the Contest as stated in the Rules will also be considered attempted fraud and will result in the immediate elimination of the Participant without recourse.

7.7 For any questions, comments and/or complaints concerning the Contest, Participants must contact the Organising Company via private message to the Smartbox Page.

ARTICLE 8 – USE OF THE WINNER'S IDENTITY


When a Participant is chosen as Winner, the Organising Company must request, by any written means (post and/or e-mail), the Participant’s express agreement to the use of his/her full name, city of residence and possibly photograph for publicity purposes. It is specified that such an authorisation from the winning Participant will be granted free of charge for a period not exceeding 6 months.

ARTICLE 9 – INTELLECTUAL, LITERARY AND ARTISTIC PROPERTY RIGHTS


The images used on the Smartbox Page, the items represented there, the brands and trade names mentioned there, and the graphic and IT elements and databases on the Contest site, are the exclusive property of their respective owners and may not be excerpted, reproduced or used without the written permission of the latter, subject to civil and/or criminal proceedings.

Any similarity of the characters or elements of the Contest with other fictional characters or elements of other Contests already existing would be purely fortuitous; neither the Organising Company nor its service providers may be held responsible for them.

ARTICLE 10 – REIMBURSEMENT OF PARTICIPATION COSTS


Postage costs related to requests for the Rules (second-class postage at the current rate), can be reimbursed on simple written request by sending banking details (RIB, RIP or RICE) to the following address:

Smartbox Group France – Service Media France – (XMAS) Contest – 19/21 Avenue Dubonnet – 92400 Courbevoie

Up to a maximum of 3 minutes of Internet connection costs for entering the Contest, excluding mobile data connections, can be reimbursed upon mailing a simple written request to the Organising Company containing the following information, written legibly: full name, complete postal address, date and time of entry. The request for reimbursement must be accompanied by banking details (RIB, RIP or RICE) and a copy of the Participant’s bill from the Internet access provider stating the precise nature of the service provided by the Internet service provider and the billing method (unlimited, fixed...), with the date and time of the Internet connection to enter the Contest clearly underlined or highlighted by the Participant.

Given that in the current state of service offers and technology, certain Internet service providers offer Internet users a free or flat-rate Internet connection, it is expressly agreed that accessing the Smartbox page via a free or flat-rate connection (such as cable, DSL or special connections) shall not give rise to any reimbursement, since the Internet user has subscribed to the Internet service provider's services for his/her own general Internet use and connecting to the Smartbox page in order to participate in the Contest does not result in any extra costs or outlay for the Participant.

The cost of photocopying the documentary evidence to be sent will be reimbursed on the basis of €0,10 per sheet including tax.

ARTICLE 11 – INTERPRETATION OF THE RULES


Any dispute regarding the interpretation of the Rules will be decided by the Organising Company.

Entering this Contest implies acceptance of (i) these Rules and all their clauses, (ii) the current rules of ethics on the Internet (netiquette, codes of conduct, etc.) and (iii) the laws and regulations in force in the territory of the country where the Contest is taking place, including the laws in force applicable to Contests and lotteries. No telephone or written request regarding the interpretation or application of the Rules, the mechanisms or terms of the Contest or the name of the Winner will be answered. Disputes must be sent by registered mail with acknowledgement of receipt at most 30 days after the end date of the Contest. Except in the case of obvious errors, it is agreed that only the information resulting from the Organising Company’s gaming systems shall be accepted as evidence in any dispute regarding the connection elements and computer processing of such information relating to the Contest.

ARTICLE 12 – APPLICABLE LAW AND JURISDICTION


Prior to any legal action related to or in connection with these Rules (in particular their application or interpretation), the Participants undertake to make an informal appeal to the Organising Company for an out-of-court resolution of the problem.

Participants are subject to the regulations applicable to lotteries and contests of the country in which the Contest takes place. Any dispute that cannot be settled amicably will be referred to the courts of the country in which the Contest takes place.