CONTEST RULES OF THE GAME “NO WATER SUCKS”
Article 1
NA PALI, a simplified joint stock company with a capital of 7.130.100 €, registered with the Bayonne Trade Register (RCS) under number 331 377 036, and with its head office at 162 rue Belharra, in Saint Jean de Luz, France (the “Organising Company”) is holding a contest game in order to choose the best photography to illustrate the topic “No water sucks” on the web sites http://www.quiksilver.com/nowatersucks or http://www.roxy.com/nowatersucks from the 1st of March 2010 to the 30th of April 2010 included until midnight French time.
Article 2
This contest is open to all physical persons, aged over eighteen years old, residing in the principality of Andorra, Austria, Belgium, Denmark, Finland, Metropolitan France, Germany, Greece, Ireland, Italy, Luxemburg, Monaco, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, the United Kingdom, Bosnia, Bulgaria, the Czech Republic, Estonia, Hungary, Poland, Romania, Russia, San Marino, Slovakia, Slovenia, Ukraine, except employees (and their family members) of NA PALI, its subsidiaries, boardriders, Quiksilver and Roxy shops, and any company or person that has been involved closely or by far in the concept of this contest.
Article 3
To enter the contest game, the candidate must log on http://www.quiksilver.com/nowatersucks or on http://www.roxy.com/nowatersucks from the 1st of March 2010 to the 30th of April 2010 included until midnight French time, enter its name, first name, age, email address and the country in which he/she lives and post a photography illustrating the topic “no water sucks”.
Any inscription sent after the closing day of the contest game will not be taken into consideration. Only the inscriptions fully completed and which respect the topic of the contest game will be taken into consideration.
Article 4
The best photography will be chosen by the Internet users who will vote for the candidate which, according to them, posted the best photography throughout the operation on the Internet by registering on one of the following web site http://www.quiksilver.com/nowatersucks or on http://www.roxy.com/nowatersucks, with their name, first name, age and e-mail address and the country in which he/she lives. Every Internet user can vote once a day being clarified that he/she can vote only once by candidate.
The winner of the contest game will be the candidate who will have scored the biggest number of votes.
The winner of the contest game will be informed at the latest on May the 15th, 2010 by e-mail at the address indicated during the log on. No e-mail will be sent to the losers.
The winner will have to answer at the latest on May the 30th, 2010. Without any answer within the given time, the prize will be cancelled and won't be parlayed.
The way the prize will be acquired by the winner will be agreed upon with the Organising Company.
The winner authorizes all the verifications regarding his identity and his place of residence.
Article 5
The winner will win:
- the amount of 1000 (one thousand) €uros which he/she can use at his/her discretion,
- the amount of 1000 (one thousand) €uros which is exclusively designed to be given in support for one of the four projects of the Green Campaign endorsed by the Quiksilver foundation, the presentation on the web sites http://www.quiksilver.com/nowatersucks or http://www.roxy.com/nowatersucks, gives details about each projects. The support for one of the four projects is a decisive condition for the participation to this contest game.
The company guarantees to the participants the existence of the prize and its entire fairness as regards the sequence of the contest game.
Article 6
Contestants authorize in advance and without any restriction or reserve the organizer to use free of rights their names, their images and their photos for a commercial or a public relation purpose, without conferring to them any payment, right or advantage for any title.
Article 7
Entering this contest implies full and unreserved acceptance of the terms set out in these rules.
Any breach of any of the provisions in these terms and conditions will result in disqualification of the person having committed such breach. Any dispute as to the interpretation thereof will be decided by the organizers.
Any complaint must be sent before April the 30th, 2010, by registered letter with acknowledgment of receipt addressed to Na Pail's legal department, especially to Marc Pol. These complaints may only concern material conditions of the Contest's implementation.
The Organising Company declines any liability for any dispute concerning the way of awarding the prizes.
The prize(s) will be accepted as it(they) is(are) described on the Contest web site. They cannot be exchanged or returned, nor can they be substituted with financial compensation or the financial equivalent of the prize. No change (in date(s), prize(s), etc.) for any reason whatsoever may be requested of the Organising Company. It is stipulated that the Organising Company will not provide any guarantee or support services, as the prize(s) consist solely in the awarding of the prize(s) specified for the Contest. If there is a date for the use of the prize(s), no date change will be accepted. In this case, the date for the use of the prize(s) will be specified at the time the prize(s) are awarded. In any event, the terms and conditions for the awarding of the winnings, the acceptance and the use of the prize(s) will be as per the terms defined or stipulated by the Organising Company and which the winner undertakes to accept, failing which the Organising Company reserves the right to designate another winner. Any complaints concerning the awarding of the prizes may not consist in financial compensation and/or financial equivalent.
The Organising Company reserves the right to replace the prize(s) with prizes of equivalent value, without the winner having the right to lodge any complaint whatsoever in this regard.
The Organising Company may not under any circumstances be held liable for any delay in awarding the prize(s) or in the event that the winner cannot be awarded the prize(s) for reasons beyond the control of the Organising Company. If the prize(s) cannot be sent by post, the terms for accepting it(them) will be specified to the winner(s) in the prize confirmation email or by any other means at the convenience of the Organising Company.
It is expressly acknowledged by the winner that the Organising Company declines any liability for any injuries or damages of any kind that may arise from the enjoyment of the prize awarded and/or result from its use.
Article 8
Entering the contest and the vote implies the contestant's knowledge and acceptance of the Internet's characteristics and limitations, particularly with regard to technical performance, response times when checking, querying or transferring data, the risks of interruption, connection-related risks, the lack of protection against possible diversion of certain data and risks of contamination by any viruses in circulation on the Internet. The Organising Company may not be held liable, in particular, for malfunctions that may affect the Internet or for any problem with the configuration or relating to a specific browser.
The Organising Company does not guarantee that the Internet site and/or Contest shall operate without any interruption, that they do not contain any computing errors, or that any detected errors will be corrected.
The Organising Company may not be held liable in the event of a technical malfunction in the Contest, if contestants or voters are not able to log on to the Contest website or to enter the Contest, if it does not receive the data relating to a contestant's entry form for any reason for which it may not be held liable (for example, an Internet connection problem due to any reason at the user's premises), or if an entry form is illegible or impossible to process (for example, if the contestant or voter has hardware or a software environment that does not comply with his/her subscription) or in the event of email routing problems. Contestants and voters will not be entitled to any compensation in this regard.
Moreover, the Organising Company may not be held liable for any damage, material or immaterial, caused to contestants, their computer equipment and the data stored therein, or for any direct or indirect consequences that may ensue, particularly consequences on their personal, professional or commercial activity.
Article 9
It is reminded that to enter the Contest and to vote, the contestants and the voters must necessarily provide certain personal information relating to them (name, address, etc.). This information is recorded and saved in an electronic file and is essential to the eligibility of their entry, the determination of the winner and the attribution and routing of the prizes. This information is provided to the Organising Company and may be submitted to its technical service providers and a service provider handling the shipping of the prizes.
In entering the Contest, the contestant may also register to receive an email newsletter from the Organising Company's partners. The data thus collected may be used within the legal framework.
In accordance with French law no. 78-17 of 6th January 1978 relating to information technology, files and freedom, contestants have the right to access, modify or delete the data relating to them. To exercise these rights, contestants must send a letter to the following address:
NA PALI SAS,
Attn : Marc Pol
162 rue Belharra,
64500 Saint Jean de Luz
France
Article 10
Contestants and voters can request that the Organising Company reimburse the Internet connection fees ensuing from their participation in the Contest as well as the postage fee for their reimbursement request.
For duly registered contestants and voters who have entered the Contest from Metropolitan France via a modem and telephone line that are billed on a time-spent basis – i.e. excluding cable and broadband (ADSL) Internet connections and plans which include communication costs or offer free communication – the connection costs incurred to enter the Contest are reimbursed in a lump payment of 0.50€ VAT inclusive, the France Télécom rate in force for “off-peak hours” (“heures creuses”) at the time these rules were drafted. Contestants and voters will be reimbursed for the costs of entering on presentation or indication of all of the following:
(1) their last and first names, and postal address,
(2) the name of the Contest and the website on which it is available,
(3) the Contest starts and end dates,
(4) a copy of the first page of their Internet access contract, indicating, in particular, their identity, the name of their Internet provider and the description of the subscription,
(5) bank account details (RIB – “Relevé d'Identité Bancaire” or RIP “Relevé d'Identité Postal”),
(6) the date and time of the visits to the site, particularly the Contest logon and logoff times. The Organising Company shall temporarily and within legal limits store the Contest logon and logoff dates and times.
Contestants and voters are informed that insomuch as it is noted that in current services and technical offers, some Internet providers offer their customers free or all-inclusive Internet service, it is nevertheless expressly stipulated that any access to the Contest made on a free or all-inclusive basis (such as, in particular, a cable, broadband (ADSL) or specialized Internet connection) is not eligible for reimbursement, as in this case the subscription to the Internet provider's services has been contracted by the Internet user for their general Internet usage, and thus the contestant or the voter incurs no additional expense in connecting to the website of the Organising Company or its partners for the purpose of entering the Contest.
The reimbursement request must be sent within (15) days of entering the Contest.
All requests for reimbursement of the Contest entry and costs incurred to enter the Contest shall be sent by postal mail only to the following address:
NA PALI SAS,
Attn : Marc Pol
162 rue Belharra,
64500 Saint Jean de Luz
France
In any event, only one reimbursement will be paid per contestant (same name, same address) and for the entire duration of the Contest (as only one Contest entry is permitted per contestant).
The postage fees for the reimbursement request will be reimbursed at the 2nd-class rate in force on simple request in writing included with the reimbursement request.
The reimbursement request will be processed within three (3) months on average.
Any request which does not include all the information listed above, which has been sent after the date mentioned above (with the postmark to be taken as proof), which is illegible, contains erroneous contact information or which does not comply with the terms above will be automatically refused and will not receive a response.
Article 11
The Organising Company reserves the right to revise these rules at any time and to take any decisions it deems useful for the application and interpretation of the rules. The Organising Company may inform contestants of a revision by any means of its choosing. The Organising Company also reserves the right to modify, extend, cut short, suspend or cancel the Contest, without warning, due to an event beyond its control, and in particular in the event of “force majeure” or an act of God. The Organising Company reserves the right, in particular, if there is due cause, to declare invalid and/or cancel all or part of the Contest if it appears that fraud or malfunctions have occurred in any form whatsoever, particularly in computing aspects within the framework of entry to the Contest or determination of the winner(s).
In this case, it reserves the right not to award the prize(s) to the fraudulent contestants and/or to commence legal proceedings against the persons having committed the fraud. An act of fraud immediately disqualifies the person having committed it.
The Organising Company will not be liable in regard to the forgoing, and therefore the contestants will not be entitled to any indemnity or compensation of any nature.
Article 12
These rules can be sent free of charge on written request submitted to the bailiff Mister Daguerre, 102 rue Belharra, 64500 St Jean de Luz (France).The cost of postage for the contest rules will be reimbursed on simple request (2nd-class rate in force).
Article 13
Enforcement of these terms and conditions is subject to French law alone. In the event of any difference or contradiction with the French version, the French version shall prevail.