Jeux concours

du 1er septembre au 02 octobre 2020

TEMPLIER & ASSOCIES

ELF FUND RAISING TEAM – DGR 2020 WITHIN THE DISTINGUISHED GENTLEMEN RIDERS 2020 FUND RAISING FOR THE MOVEMBER FOUNDATION / TOTAL LUBRIFIANTS 

RÈGLEMENT DU JEU ELF FUND RAISING TEAM – DGR 2020 WITHIN THE DISTINGUISHED GENTLEMEN RIDERS 2020 FUND RAISING FOR THE MOVEMBER FOUNDATION / TOTAL LUBRIFANTS 

CLAUSE I: ORGANISATION AND CONTEXT

– Organisation of the Contest 

TOTAL LUBRIFIANTS, a public limited company with a share capital of 27,085,708 €, registered in France in the trade registry of Nanterre under the number 552 006 454, having its registered office in Nanterre (F-92000) – Immeuble Le Spazio, 562 Avenue du Parc de l’Ile, (hereinafter referred to as the “Organising Company”, the “Organiser” or “Total Lubs”) is organising a Contest called “ELF FUND RAISING TEAM DGR 2020 - DISTINGUISHED GENTLEMEN RIDERS 2020 FOR THE MOVEMBER FOUNDATION” from 01/09/2020 until 02/10/2020 (hereinafter referred to as the “Contest”). 

Information about the Contest may be posted on social media, servers, applications or on the pages of Facebook, Twitter, Instagram, Apple, Google and/or Microsoft (this list being without limitation).  

It may be reposted or advertised by the DISTINGUISHED GENTLEMEN’S RIDE (“DGR”) organiser of bikes rides and/or by the MOVEMBER FOUNDATION (“Charity Partner”). 

These companies or entities are not Organisers, co-Organisers in this Contest and do not sponsor it.  

Personal data that may be collected at the time of registration or during the Contest are intended for the Organising Company and not for Facebook, Twitter, Instagram, Apple, Google or Microsoft or any other company on the social media, servers, applications or pages on which information about the Contest appears. 

– Context of the Contest 

The Organising Company is putting this Contest in place to set up a dedicated team to raise fund to be fully dedicated to the Charity Partner. 

THE CONTEST SHALL TAKE THE FORM OF A FUND RAISING CHALLENGE FULLY DEDICATED TO THE CHARITY PARTNER.  

The Team shall be named “ELF FUNDRAISING TEAM” and designated winners shall become “ELF AMBASSADORS” (as indicated in Appendix 1 hereto) and will be asked to use their prizes (GoPro© CAMERA) during the ride organised by DGR and after the ride, and to send some footages (whether fixed images or videos) to the Organising Company : ms.total-lubrifiants@total.com or any other entity as indicated from time to time by the Organising Company. 

The Contest will take place exclusively between September 1st, 2020 and October 2nd, 2020 inclusively.

The Organising Company reserves the right to use any other media for promotional purposes. 

The use of the masculine gender for pronouns relating to Participant(s) in these rules is solely for ease of reading and makes no supposition as to the gender of Participants, their abilities or any other criteria and should not in any event be interpreted to convey any form of discrimination. 

CLAUSE II: ENTRY CONDITIONS

Entry into the Contest requires the unreserved acceptance of and compliance with the provisions of these rules in their latest version, accessible throughout the Contest on demand as per conditions stated below in Clause VII and on the Organising Company website.  For any dispute and any interpretational difficulty, the Organising Company shall have the power to decide without appeal. 

Participation in the Contest is open to all natural persons who participate into DGR bikes rides, who have internet access and a valid e-mail address. 

They are referred to in these Rules as the “Participants” 

Any Participant aged under eighteen (18) [*or under age legally required for majority*] must however obtain the prior authorisation of the person(s) with parental authority (parent(s) or guardian) to enter the Contest.  The Organising Company may ask any minor Participant to provide proof of such authorisation, and may disqualify any Participant who does not provide proof of authorisation. 

Winners may be obliged to provide proof of age before receiving their prizes.

The Organising Company may, at its discretion, ask any winning minor to provide proof of such authorisation for his entry into the Contest, but this shall not require the Organising Company to carry out systematic checks.  The Organising Company reserves the right to name another winner if the original winner, if a minor, is unable to provide sufficient proof of such authorisation. 

CLAUSE III: METHOD OF PARTICIPATION 

3.1 – MECHANISM OF THE CONTEST 

Any person meeting the entry conditions set out in Clause 2 above of these rules and who wishes to take part in the Contest must: 

PARTICIPATE TO THE DGR RIDE ON 27th 2020

REGISTER ON https://www.gentlemansride.com/ and DONATE AS BEING PART OF THE ELF FUNDRAISING TEAM (“THE TEAM”)

ACCEPT THE PRESENT TERMS AND CONDITIONS OF CONTEST TO ENTER THE CONTEST. (For the avoidance of doubts, acceptance of these Terms and Conditions by the TEAM shall emphasis all its members).

THE TWO (2) PERSONS THAT RAISED THE MOST FUNDS AND THAT HAVE DELIVERED THE FUNDS TO THE DGR DEDICATED FUND BEFORE OCTOBER 2ND, 2020 WITHIN THE ELF FUNDRAISING TEAM SHALL BE DESIGNATED AS WINNERS AND ELF AMBASSADORS FOR 2020/2021. 

FOR THE AVOIDANCE OF DOUBT, THE ORGANISING COMPANY SHALL NOT BE LIABLE TOWARDS THE CONTESTANTS REGARDING ANY TAX REBATE FOR DONATION THEY MAY CLAIM IN THEIR RESPECTIVE COUNTRIES. 

CLAUSE IV: PRIZES

THE PRIZES IN THIS CONTEST ARE AS FOLLOWS. 

TWO (2) GO PRO © CAMERAS OF A UNIT PRICE OF 345 € (Three Hundred and Forty-Five Euros), ATTRIBUTED TO THE TWO (2) MOST FUNDS RAISERS.

The value of the prizes, provided for information only, has been determined at the time of drafting of these rules on the basis of prices for the purchase or sale of the goods in question.  This value may change, and this shall not give rise to liability on the part of the Organising Company.

The photographs or graphical images presenting the prizes are provided solely for the purposes of illustration and cannot under any circumstances be deemed to be contractually binding.

In addition, it is expressly understood that the Organising Company will merely be delivering some of the prizes won and is not the producer, manufacturer, supplier, seller or distributor of any of the prizes.  The Organising Company cannot therefore be held liable in any such capacity concerning prizes that are not produced, manufactured, supplied, sold or distributed by it.

In particular, for the prizes in the form of goods, unless it is itself the manufacturer of those goods, the Organising Company cannot be liable for any problem in their use, including malfunction.  In such a case, the winner is invited to contact the manufacturer directly, either to have the goods replaced or to make any claim or complaint against the manufacturer.  In any event, the winner is invited to consult the user guide or manual provided with the goods or available from the manufacturer and to inform himself, including via the internet, as to the appropriate way to use them.

CLAUSE V: DELIVERY OF THE PRIZES

The winners will be given their prize by postal or equivalent mail service, following the end of Contest. 

If the Participant is a minor, the prize will be awarded in the presence of a person who can prove that he/she has parental authority over the minor Participant. 

Under no circumstances may the prize won be replaced by its equivalent in euros or any other currency. 

PRIZES CANNOT BE THE SUBJECT OF ANY CHALLENGE, CASH REIMBURSEMENT, OR ANY CONSIDERATION OF ANY NATURE WHATSOEVER.  

IN THE EVENT OF FORCE MAJEURE, THE ORGANISER RESERVES THE RIGHT TO REPLACE THE PRIZE ANNOUNCED BY A PRIZE OF EQUIVALENT VALUE.

CLAUSE VI: ADVERTISING AND PROMOTION OF THE WINNERS

The Participants in this Contest authorise the Organiser, the DGR and/or the Charity Partner to publish, on any media that may be put in place for advertising and/or promotional purposes connected with this event, as well as in later communication campaigns concerning the Organising Company’s brands, their last name, first name, town and photo if picked as winners, which may be used together or separately, without any remuneration, right or advantage whatsoever being given for such use other than the award of their prize. 

In particular, as a direct consequence of accepting the prize, winners authorise the Organising Company and/or its agents or its successors and assigns: 

To publish on social media their photographs or videos produced with their prizes (GoPro © Camera)

to take photographs of them

to reproduce their likeness in photographic form and/or to use their last name and first name, town and photograph on all media that may exist now and in future, for promotional and/or commercial and/or advertising and/or public relations purposes connected with this campaign or connected with the brand and/or any other brand of the Organising Company without such use being the subject of any remuneration.  It is agreed that the Organising Company or its successors and assigns shall remain free to decide whether or not to use and/or disseminate the photograph and to choose the media used for its dissemination. Winners cannot in any event intervene in the choices made by the Organising Company. 

Each winner assigns to the Organising Company, without charge, the right to reproduce, exploit and disseminate these photographs of him and/or his last name, first name and town on all advertising and/or promotional media as may exist now and in future, without such use granting any remuneration, right or advantage whatsoever other than the award of his prize.

All of the foregoing rights are assigned for the whole world and for a period of 1 year. In the event that a winner does not wish this, he must state this by letter sent to the following address: 

TOTAL LUBRIFIANTS

Operation Distinguished Gentlemen Riders

DEPARTEMENT COMMUNICATION – B30054

Immeuble Le Spazio, 562 Avenue du Parc de l’Ile 

92 000 Nanterre France

CLAUSE VII: REGISTRATION OF THE RULES

These rules have been registered in France with the firm of bailiffs (Huissiers de justice), SELARL TEMPLIER & ASSOCIES, 4 rue Condorcet – Reims FRANCE.

These rules shall be sent to any person making a written request by letter (postage refunded on request at the rate in effect for French slow mail, in the limit of one application per household, same name, same address), before the date of close of the Contest, to the following address: 

TOTAL LUBRIFIANTS

Operation Distinguished Gentlemen Riders

DEPARTEMENT COMMUNICATION – B30054

Immeuble Le Spazio, 562 Avenue du Parc de l’Ile 

92 000 Nanterre France

In the event of difference between the version of the rules filed with the bailiffs and any other version (including the version of the rules accessible online or the version accessible at the stand), the version filed with the bailiffs shall take precedence in all cases. 

CLAUSE VIII: AMENDMENTS TO THE RULES

The rules may be amended from time to time by the Organising Company in the form of an addendum.  The addendum shall be filed with the firm of bailiffs (Huissiers de justice), SELARL TEMPLIER & ASSOCIES, 4 rue Condorcet - Reims.

It shall enter into force on the date of entry into force of the amendment.  Any Participant who refuses to accept any amendments must immediately end its participation in the Contest.

CLAUSE IX: LIABILITY

The Organising Company reserves the right to disqualify any Participant who alters the running of the Contest and to cancel, shorten, modify, postpone or suspend the Contest in the event of unauthorised intervention, fraud, technical anomalies or any other cause affecting the administration, safety, security, fairness, integrity or proper running of the Contest. 

It cannot under any circumstances be held liable in the event that any problems arise in the conveyance or loss of letters sent by post (including the possible delivery of a prize) or by e-mail.  In addition, any prize, sent by post or by a carrier, that is not claimed or is returned will be forfeited by the Participant and remain the property of the Organising Company. 

No claim may be made seeking the liability of the Organising Company concerning any incidents that may arise due to the use of or failure to use the allotted prizes or the possible sale of a prize by a winner.

CLAUSE X: DATA PROTECTION

The personal data that are collected in the registration form are mandatory. They are destined for the Organising Company which is the controller for their processing. 

This personal information gathered in the context of participation in this Contest shall be processed in accordance with the French “Computing and Civil Liberties” Law of 6 January 1978, as amended from time to time. 

Under Article 27 of this Law, all Participants in the Contest shall have a right of access, modification, erasure or rectification of the data concerning them, which may be exercised by writing to the Organising Company at: 

TOTAL LUBRIFIANTS

Operation Distinguished Gentlemen Riders

DEPARTEMENT COMMUNICATION – B30054

Immeuble Le Spazio, 562 Avenue du Parc de l’Ile 

92 0000 Nanterre FRANCE

Subject to obtaining their express consent by ticking the box provided for this purpose, the gathered information concerning Participants may be used by the Organising Company and/or its partners in order to better serve them and inform them of new products and offers that may be of interest to them.

CLAUSE XI: INTELLECTUAL PROPERTY RIGHTS

The images used in the Contest, the displayed objects, trademarks and trading names, graphical elements, digital items and databases forming the Contest, are exclusively the property of their respective owners and no extract, reproduction or use thereof may be made without their written authorisation, failing which proceedings may be brought under the civil and/or criminal law. 

Any similarity between persons or elements of the Contest with other fictional characters or other pre-existing elements of the Contest is purely accidental and cannot give rise to a liability on the part of the Organising Company or its service providers. 

CLAUSE XII: GOVERNING LAW AND JURISDICTION – LANGUAGE OF THE RULES

Participation in this Contest implies the unreserved acceptance of all of the provisions of these rules and the laws and regulations in force in France, including all legal provisions in force which apply to prize draws and Contests. 

No response will be given by telephone or in writing as to the interpretation or application of these rules, the mechanics or methods of the Contest, or the list of winners.  In the event of dispute, solely a letter sent by registered post with return receipt requested, within a maximum period of 30 days following the date of the end of the Contest, shall be admissible.

Except in the event of patent error, it is agreed that the information resulting from the systems of the Organising Company and/or the Service Provider shall be valid proof in any dispute as to the results and the computer processing of information concerning the Contest. 

Prior to any legal proceedings arising out of or in connection with these rules (including in particular their application or interpretation), the Participants undertake to submit their dispute to the Organising Company with a view to a friendly settlement. 

The Participants shall be bound by French regulations applying to prize draws and Contests. 

Any dispute that cannot be settled by agreement shall be brought before the competent courts of law of the place of the Organising Company’s registered offices, unless provided other by mandatory rules of law. 

In the event that any one of the clauses of these rules is held to be null and void, this shall not in any event affect the validity of the rules as a whole, and all other clauses of the rules shall retain their full force and effect.

AUTHORIZATION TO USE FREE OF CHARGE VIDEOS MADE WITHIN THE FRAMEWORK OF

THE ELF AMBASSADOR PROGRAM

As being awarded the title of ELF AMBASSADOR by the Organizing Company

TOTAL LUBRIFIANTS

Opération Distinguished Gentlemen Riders 

DEPARTEMENT COMMUNICATION – B30054

Immeuble Le Spazio, 562 Avenue du Parc de l’Ile 

92 000 Nanterre FRANCE

THE PARTICIPANT:

undertakes to produce and transmit to the Organizing Company (by e-mail or downloading from a dedicated site) six video films, during one (1) year of a minimum duration of two (2) minutes intended to be broadcast on the media indicated below;

assigns to the Organizing Company the right to reproduce, have reproduced, have reproduced, represent, have represented and adapt the creations/realizations sent to the Organizing Company within the framework of the Game, on the media mentioned below. 

The Player expressly agrees that his creations/realizations may be reproduced and/or represented on the following media: 

Social Networks of the Organizing Company or the beneficiary of the fundraising, of any participant in the fundraising

website of the above-mentioned entities

This authorization is given free of charge for a period of one (1) year from the date on which the videos are sent.

The Player certifies that he has full power to consent to this assignment and guarantees the Organizing Company the peaceful use of his creations/realizations, in particular against any eviction of third parties, of any nature whatsoever, for the use of his creations/realizations and the persons and property appearing therein. 

Declares agreeing with the information above.

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NANCY :
ACTI HUISSIERS - D. MUGNIER C. MOULIN

25-29 Boulevard Joffre
54002 NANCY
Tél: 03 83 32 08 64
Email: scpdmcm@orange.fr

REIMS :
TEMPLIER & ASSOCIES

4 rue Condorcet
51063 REIMS
Tél: 03 26 88 60 60
Email: scp@huissier-reims.com

STRASBOURG :
Pascal SAYER

17 rue Jacobi Netter
67200 STRASBOURG
Tél: 03 88 32 35 14
Email: sayer@huissier-justice.fr