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RULES OF THE DES HOTELS ET DES ILES GAME FREE and WITHOUT OBLIGATION OF MAKING A PURCHASE Article 1 : Organizing company LEADER HOTELS under the marketing label of DES HOTELS ET DES ILES with a capital of 7622.45 euros registered at the Paris RCS under number B339 261 695 having its registered office at P/O CREOLE BEACH - BP 61 / 97190 Gosier – Guadeloupe (hereinafter referred to as the “organizing company”) is organizing from the 6th November 2008 to the 10th January 2009 inclusive, a free game, without any obligation to make a purchase, on the internet site accessible at the following address: http://www.deshotelsetdesiles.com/us/jeu10/index.php and called “Tired of the cold and gray”. Article 2 : Définitions In these rules, each of the expressions stated below, will have the significance stated in the definition below: “Enrollment”: operation by which a person, entering the site to participate in the free game “Tired of the cold and gray” completes an obligatory form and enters in particular his/her date of birth, email address and becomes a Participant. “Participant”: person who participates in the game offered by the promoting company on its site whereby prize draws are offered, involvement in which requires the prior completion of the entry form and acceptance of these rules and in particular the acceptance of receiving in the future and from time to time, promotional offers of Des Hôtels et Des Iles. ”Procedure of the game”: The game consists of 3 (three) stages (3 chances). Each of them determines 3 (three) different types of prizes to be won by drawing lots (cf article 5 The Prizes). At each stage, the player will discover a label. If it is a winner, then he/she wins the draw corresponding to the stage. - If the player gets a winning label at the first stage (1st chance), the player is then qualified for the draw for Lot A. If the player does not get a winning label, he/she cannot enter the draw for Lot A and a fortiori neither the draws for Lot B or Lot C. - If the player obtains a winning label at the second stage (2nd chance), the player is then qualified for the draw for Lot B. If the player does not get a winning label, he/she cannot enter the draw for Lot B and a fortiori neither the draw for Lot C. - If the player obtains a winning label at the third stage (3rd chance), the player is then qualified to enter the draw for Lot C. If the player does not obtain a winning label, he/she cannot enter the draw for Lot C. To enter the first 2 (two) stages, the player must: - discover a winning label and enter his/her date of birth and email address. To enter the third stage, the player must: - discover a winning label and enter the email address of a friend. Article 3 : general conditions of participation The participation in the game implies the express acceptance without reserve of these rules, and all its stipulations, the rules of deontology in force on the internet (etiquette, charter of good behavior …) as well as the laws and rules applicable to games in force in France. The participation in this game is open to all throughout the world. Participation is open to any individual, over the age of majority (over 18) on the day of inscription except for members of the personnel of the companies having participated directly or indirectly in the organization or in the realization of the game as well as their parents. The participant is informed and accepts that the information entered into the inscription form is subject to proof of his/her identity. The information entered by the participant commits him/her from its validation. The participant undertakes to complete in good faith the inscription and participation form made available to him/her and transmitted to the organizing company, with exact information. He/she must enter the information necessary for his/her identification and particularly his/her birth date, a valid email address, and a valid email address of a friend. The participant will have the possibility to benefit from a second chance by entering the valid email address of a second friend. Any inaccurate or incomplete inscription will not be taken into account and will involve the nullity of the participation. In validating his/her participation in the Des Hôtels et des Iles game, the participant agrees to thereafter accept marketing offers from the organizing company. Article 4 : Presentation of the free game of drawing of lots, with no obligation to make any purchase The duly registered participants, having proposed at least one friend and whose inscriptions are valid and in conformity with these rules, will be selected for the drawing of lots. To propose participants the proposer must complete the inscription on the site, entering his/her email address, his/her birth date as well as the email address of a friend. The person thus sponsored then receives an email, inviting him/her to visit the site, in order to complete his/her participation (via a clickable link in the email, which will then display a page for confirmation of the inscription). A person can sponsor as many other people as he/she wishes by sending several sponsorship messages from the Site. Article 5 : The prizes The draw will be made in the presence of Maître Robert OUAZAN, Bailiff, 48, rue de la Chaussée d’Antin - 75009 Paris. These 10 (ten) draws will be held on 31st January 2009 and will designate the final winners of the game. Lot A first stage = 1st chance: - Lot A1: lot of 2 prizes: a shock face cream and a Payot mineral body cream delight with a value of 89 euros (incl VAT). - Lot A2: lot of 2 prizes: a shock face cream and a Payot mineral body cream delight with a value of 89 euros (incl VAT). - Lot A3: lot of 2 prizes: a shock face cream and a Payot mineral body cream delight with a value of 89 euros (incl VAT). - Lot A4: lot of 2 prizes: a shock face cream and a Payot mineral body cream delight with a value of 89 euros (incl VAT). - Lot A5: lot of 2 prizes: a chocolate/shock face cream and a Payot mineral body cream delight with a value of 89 euros (incl VAT). Lot B second stage = 2nd chance: - Lot B1: 1 day pass to the Espace Payot (Paris, France) Giving access to the swimming pool, fitness area, steam room and sauna with a value of 150 € (incl VAT) - Lot B2: 1 day pass to the Espace Payot (Paris, France) Giving access to the swimming pool, fitness area, steam room and sauna with a value of 150 € (incl VAT) - Lot B3: 1 day pass to the Espace Payot (Paris – France) One access to the swimming, fitness area, steam room and sauna, PLUS two care treatments of one hour each, face and body with a value of 375 euros (incl VAT) Lot C third stage = 3rd chance: Lot C1: 1 return ticket, departing Paris for Pointe-à-Pitre (Guadeloupe) in economy class with the scheduled company CORSAIR FLY. Valid for 1 year starting from the handing over of the lot, excluding school holidays, airport taxes and fuel surcharges all borne by the winner. The lot has a value of 1546€ excl airport taxes and fuel surcharges. Lot C2: 1 return ticket, departing Paris for Pointe-à-Pitre (Guadeloupe) in economy class with the scheduled company CORSAIR FLY. Valid for 1 year starting from the handing over of the lot, excluding school holidays, airport taxes and fuel surcharges all borne by the winner. The lot has a value of 1546€ excl airport taxes and fuel surcharges. Lot C3: 1 holiday of 5 nights at the Sonesta Great Bay Beach Resort & Casino for 2 persons: 5 night holiday, for 2 persons in a bedroom of “Mountain” category at the hotel Sonesta Great Bay Beach Resort & Casino, excl breakfast at St Maarten (Dutch part of St-Martin). Expiry date: 16th December 2009 last return – outside school holidays – excl flight – excl transfers airport/hotel/airport. Taxes to be paid at the destination (21%). Total value of the lot for 2 persons: 780 euros (excl taxes). Lot C4: 1 holiday of 5 nights at the Sonesta Maho Beach Resort & Casino for 2 persons: a 5 night holiday, for 2 persons in a bedroom of “Premium ocean view” category at the Sonesta Maho Beach Resort & Casino, excl breakfast at St Maarten (Dutch part of St-Martin). Expiry date: 16th December 2009 last return – outside school holidays – excl flights - excl transfers airport/hotel/airport. Taxes to be paid at the destination (21%). Total value of the lot for 2 persons: 860 euros (excl taxes) Lot C5: One 5 night holiday at La Créole Beach Hôtel & Spa for 2 persons: a 5 night holiday, for 2 persons in a bedroom of category “Sea” at La Créole Beach Hôtel & Spa, breakfast included, on Guadeloupe. Expiry date: 16th December 2009 last return – outside school holidays – excl flights – excl transfers airport/hotel/airport. Total value of the lot for 2 persons: 1692 euros (incl taxes). Lot C6: One 5 night holiday at the Manapany Cottages & Spa for 2 persons: A holiday of 5 nights, for 2 persons in a bedroom of “Garden” category at the Manapany Cottages & Spa in accommodation only at St Barthélemy. Expiry date: 16th December 2009 last return - outside school holidays – excl flights –airport/hotel/airport transfers. “Taxe de séjour” to pay at the destination (5%). Total value of the lot for 2 persons: 2100 euros (incl taxes) No financial compensation will be provided in the event of non utilization neither reimbursement. Article 6 : Obtaining the prizes The winners will be personally notified by email during the 14 days after the draw. They will receive in this email all the information and instructions required to avail themselves of the prize. If it is not possible for a winner to take advantage of a prize within the limit of validity, he/she will loose the prize and not be able to obtain any financial or material compensation. Once the corresponding holiday has been reserved, no modification or cancellation can be effected by the organizing company, for any reason whatsoever. Without prejudice to any legal action or to its faculty to cancel the inscription of the participant, the organizing company is not obliged to provide any prize to a winning participant if he/she has not entered the correct information on inscription, or if he/she has obviously and by any means whatsoever successfully distorted the result of the game or if he/she has not abided by these rules. Only one prize will be awarded to any one person. The prize is personal, not marketable, and cannot be allotted to another person. The prize cannot give rise to any dispute, neither an exchange for cash, nor an exchange or replacement (however it is accepted that the organizing company reserves the right at any time to substitute the prize for another prize of equivalent value). In the case of a prize with an exact date (cruises), no change of dates could be accepted. The photographs representing the products are exclusively for illustration purposes only and are not contractual. The organizing company reserves the right to modify at any time and without prior notice, the list of prizes offered. Any modification will be the subject, as far as possible, of a notification to the participant. These prizes are only valid after preliminary reservations and according to availability. Article 7 : Publicity and promotion of the winners By the fact of their accepting their prize, the winners authorize the use of their last name, first name, complete address and any pseudonym in any promotional material linked to this game, without limit of space or of time and without this use giving rise to other rights additional to the prize won. Article 8 : Rights of access and of rectification In accordance with the provisions of article 34 of the law n° 78-17 of the 6th January 1978, the Informatique et Liberté [Data processing and freedom] law, relative to data processing, files and freedoms, all persons making an inscription on the site, benefit from a right of access, of correction, of removal and of removal of the data referring to them, at the organizing company. These rights can be exercised on simple request by writing to: DES HOTELS ET DES ILES 120, rue la Boetie 75008 Paris - FRANCE In accordance with the legislation in force, the information collected within the context of this game, is exclusively intended for use by the organizing company and will be neither sold nor provided to third parties, in any manner whatsoever. Any person who exercises his/her right for the suppression of the data relating to them, before the end of the game, will be considered as terminating his/her participation. Article 9 : Responsibility The responsibility of the organizing company is strictly limited to the delivery of the actual and validly gained prizes. The organizing company cannot be held responsible for the fraudulent use of the rights in connection with or attribution of the prize of a participant. The organizing company informs that, taking into account the characteristics of the internet network, such as the free collection of disseminated information and the difficulty, even the impossibility, of controlling the use which could be made of it by third parties, it does not accept responsibility for any misuse whatsoever of this information. The organizing company accepts no responsibility for any dysfunction of the internet network, telephone lines, or reception equipment preventing the good functioning of the game. In addition, it accepts no responsibility for problems of routing or loss of emails or post. The organizing company accepts no responsibility for equipment or software technical failure or anomaly of any description (virus, bug …) caused to the system of the participant. The organizing company accepts no responsibility for dysfunctioning related to a human error or a problem of electrical origin. The organizing company reserves the right to curtail, extend, defer, modify or cancel this game if the circumstances so require. In any event, it cannot be held responsible for these eventualities. The organizing company will make every effort to enable access to the game on the site at all times, without having an obligation to do so. The organizing company is at liberty at any time, especially for technical reasons, updating or for maintenance to interrupt the access to the site and to the game on the site. The organizing company accepts no responsibility for these interruptions and their consequences. Article 10 : Compliance with the rules Participation in the free game “Tired of the cold and gray”, implies an honest attitude, meaning the absolute respect for the rules and the rights of other participants. The participants undertake to not implement or seek to implement any procedure linked to the participation, which is not in strict conformity with the respect for the principles of the game and these rules. The organizing company reserves the right to remove from the game, any person not totally respecting this rule. The organizing company also reserves the right to prosecute anyone attempting to defraud or injure the good course of the game. The organizing company can decide to cancel the game if it appears that obvious frauds have been perpetrated in any form whatsoever, and in particular in a data processing fashion within the context of the participation in the game or in the determination of the winners. The organizing company reserves the right to carry out any checking of the respect for this article, and for any of the articles of these rules, especially in order to eliminate any participant having committed any unspecified abuse or attempt at fraud, without however having the obligation to carry out a systematic check of all the bulletins of participation received, and having the right to limit this verification to the bulletins of the potential winners. Convention on evidence: It is agreed that the data contained in the information systems of the organizing company have conclusive force, relating to the elements of connection and information resulting from the data processing treatment relative to the games organized by the organizing company. The designation of the winner of the draw will be carried out under the supervision of a “huissier” [French bailiff] Article 11 : Conditions for repayment The game “Tired of the cold and gray” is free and without an obligation for purchase. The organizing company undertakes to refund to any participant who makes the request, the telephone expenses involved in connecting to the site and participating in the game referred to. The expense of connection required for participation in the game, estimated at a total of 5 minutes, will be refunded to participants, on the basis of the local call cost of the France Telecom tariff in force at the date of publication of this rule, being 0.12 euro for the first minute and 0.02 euros for the following minutes, thus 0.20 euro. Refunds are limited to one refund per participant over the whole period of the operation. All requests for a refund must : - be made in writing, submitted in an envelope stamped and bearing the correct postage, to: DES HOTELS ET DES ILES 120, rue la Boetie 75008 Paris – France - arrive at the organizer before the 31th January 2009, the postmark being taken as proof. - quote the personal last name, first name and postal address, identifier (email address) - quote the date, time and duration of the connection to the site over the period of the game, - attach a detailed invoice from the internet access supplier subscribed to, on which is quoted the date and time of the connection to the site clearly underlined. The name and address details of the inscription must be the same as those on the invoice of the internet access supplier. - be accompanied by a RIP (RIB or RICE). Each application must include only one request for a refund, for a single and unique participant (one envelope: one refund request) If necessary the cost of postage for such a request will be refunded by the organizing company, at the cheapest tariff in force, on simple request included with the request for refund of the connection charges. The expenses related to the photocopying of the supporting documents, are refunded on the basis of 0.15 euro centimes per page, on simple request included in the request for refund of the connection charges. The refund will be made by a bank transfer, made within 60 days from the receipt of the application, after verification that the request is well founded and especially that the information contained in the application letter conforms to the information entered on the inscription form of the site. Participants who do not pay connection charges directly linked to their communication usage (persons with a subscription, users of cyber cable, broad band …) cannot obtain a refund. The refund of the expenses of sending the supporting documents required from winners is carried out on simple written request to the address shown, on the basis of 0.15 euro centimes per page and at the cheapest postal tariff. Article 12 : Modification of the rules The organizing company reserves the right to modify the articles of these rules and especially the rules of the game and the profits allotted, primarily in order to take account of the evolution of legal requirements, statutory or administrative, court orders, recommendations issued by the organizations responsible for the internet network administration and of the marketing policy of the organizing company. Each modification will be the object of an endorsement to the rules and will be lodged with the bailiff along with these rules. Article 13 : Deposit of rules These rules have been deposited with Maître Robert OUAZAN - huissier de justice [bailiff], 48, rue de la Chaussée d’Antin - 75009 Paris – Telephone; 01 49 70 80 20. These rules, can be consulted at any time on the site, during the whole duration of the game, free on line, they can also be sent free of charge to anyone on request addressed to: Maître Robert OUAZAN - "Tired of the cold and gray" Game 48, rue de la Chaussée d’Antin - 75009 Paris - FRANCE – Phone; +33 (0)1 49 70 80 20 Article 14 : Litigation The applicable law is French law. The participants are thus subject to the French regulations applicable to games. All litigation arising from this game and which cannot be resolved amically, must be submitted to the judicial courts of Paris.   |
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