Terms and Conditions
Rules of the "Ski Down Challenge" Competition
ARTICLE 1 THE ORGANISING COMPANY AND A PRESENTATION OF THE COMPETITION
Eurosport, a stock company with a registered capital of 15,000,000 EUROS, the head office of which is located at 3, Rue Gaston et René Caudron - 92798 Issy les Moulineaux Cedex 9 - France, acting through its legal representatives, domiciled in this capacity at the said registered office, has decided to organise a competition entitled " Ski Down Challenge " (hereafter referred to as the "Game") from December 28th 2009 to March 31st 2010 via the Internet, on the following websites: eurosport.yahoo.com, de.eurosport.yahoo.com, www.eurosport.fr, com.eurosport.yahoo.uk, com.eurosport.yahoo.es, com.eurosport.yahoo.it , www.eurosport.ru, www.eurosport.pl (hereafter "the Website(s)") in the section entitled "Game Zone".
ARTICLE 2 TAKING PART AND ACCEPTANCE OF THE RULES
By taking part in the Competition, the participant (hereinafter referred to as “the Competitor”) accepts unreservedly the present Rules and the principle of the Competition. Anyone breaching one or more of the articles of the present Rules shall be deprived of the possibility of taking part in the Competition and also of any prize that he or she might otherwise have won.
The Game, which entails no obligation to make a purchase, is open to any person residing in Europe, with the exception of those persons having a legal link with the organising company Eurosport, and their families.
Any form of participation in the Competition other than those expressly defined by the present Rules is excluded and shall not be taken into consideration by the Organising Company.
ARTICLE 3 ACCESS TO THE RULES OF THE COMPETITION
Every Competitor has access to the Rules of the Competition from the Internet Sites making it possible to take part in the Competition. The present Rules are filed with SCP SIMONIN - LE MAREC - GUERRIER, 54, rue Taitbout 75009 PARIS, under whose control the various operations shall take place.
The present Rules shall be sent free of charge to anyone who asks the Organising Company for them at the following address: EUROSPORT- Services Jeux - 3, rue Gaston et René Caudron - 92798 ISSY-LES-MOULINEAUX Cedex 9 - France.
The cost of the stamp for sending the request for the Rules shall be reimbursed at the French Post Office’s applicable ordinary rate merely by such reimbursement being requested from the Organising Company.
ARTICLE 4 HOW THE COMPETITION WORKS
Players must select the game in the "Game Zone" pages of one of the internet sites. Once on the game's mini-site, they must follow the instructions.
ARTICLE 5 DETERMINING THE WINNERS
Winners will be drawn among the top 200 users
Once a Winner has been identified, Eurosport shall give the details that the Competitor gave to Eurosport on entering the Competition to Milka so that they can contact the Winner by email and define with the Winner the details for delivering the prize that he or she can claim.
Eurosport shall send the details of the Winner (as given by the Competitor on entering the Competition) to Milka within ten (10) days after the end of the Competition. Any Winner who has not answered within one (1) week, i.e. seven (7) days, following sending of the email informing them of their winnings shall lose the right to enjoyment thereof. Milka may award the prize to another Winner.
Competitors are fully liable for the validity of the information that they give at the time of their entry, in particular of their email addresses.
The prize shall be made available as quickly as possible after the results have been given and the Winner has been declared.
Under no circumstances may either the Organising Company or Milka be held liable for delays in making prizes available or for impossibility for Winners to claim enjoyment of their prizes because of circumstances beyond the control of the Organising Company and/or of Milka.
In particular, the Organising Company and/or Milka may, under no circumstances be held liable in the event of the prizes being lost and/or damaged by the postal authorities or by any other similar third party service provider, and, more generally, if the Winners do not receive their prizes. In the event that the prizes cannot be sent by post, the conditions under which they may be collected shall be specified to the Winners by any means at the convenience Milka.
ARTICLE 6 RIGHT TO NAME
The Winner accepts expressly and free of charge that his or her surname and forenames may be published by the Organising Company. To this end, the Winner authorises in advance and without any financial consideration in return, the Organising Company to use, reproduce, and represent his or her name, address, and photograph for the purposes of promoting the Competition or the business of the Organising Company on any communications media. This option may not constitute an obligation incumbent on the Organising Company.
ARTICLE 7 NAMED DATA AND INFORMATION
Pursuant to the provisions of Article 26 of Law No. 78-17 of 6th January 1978 relating to data-processing, to files, and to civil liberties, Competitors enjoy a right of access to the computer files concerning them and a right to rectify the data concerning them, and they may ask for their details to be struck off and no longer disclosed to third parties. Such a request may be made by ordinary letter to the Organising Company: EUROSPORT - Services Jeux - 3, rue Gaston et René Caudron - 92798 ISSY-LES-MOULINEAUX Cedex 9 – France. The automated processing of the named data of the Winners has been declared by the Organising Company to the Commission Nationale Informatique et Libertés (National Commission for Data-Processing and Civil Liberties).
The Winner recognises and accepts that any named data he or she might have disclosed to the Organising Company in order to take part in the Competition shall be passed on to Milka in order to enable that Milka to send the prize to the Winner.
ARTICLE 8 COMPETITION FREE OF CHARGE AND WITH NO OBLIGATION TO PURCHASE
Since the Competition should not entail any cost for the Competitor, the Organising Company shall reimburse any expenses related directly to taking part in the Competition (costs of connection to the Site www.eurosport.fr only) to any Competitor who so requests.
The written request shall be sent, within a time limit of 45 days following the participation of the Competitor (as evidenced by the postmark), to EUROSPORT, Services Jeux - 3, rue Gaston et René Caudron - 92798 ISSY-LES-MOULINEAUX Cedex 9 - France, accompanied by evidence of the Competitor’s identity, evidence of the expenses incurred (copy of the invoice), and bank account or postal account details.
The reimbursement of the Internet connection is calculated on the basis of four minutes of local-rate peak-time call (average time of connection to the Site in order to take part).
Competitors using unlimited Internet connections of the subscription package type (ADSL (broadband), cable, leased lines, etc.) may not obtain reimbursement of their Internet connection time on the above-mentioned terms, since the connection to the Site www.eurosport.fr in order to take part in the Competition generates no financial payment incumbent upon them.
Any request for reimbursement shall be processed within a maximum time limit of two months after receiving all of the requested information, and reimbursement shall be by bank transfer.
The postal expenses entailed by the reimbursement request may be reimbursed on written request enclosed with the request for reimbursement, at the ordinary rate applicable at the time of the request.
The Organising Company reserves the right to check the validity of the requests by any means and to reject any incorrect or incomplete request. Only one request for reimbursement per Competitor and per Competition shall be accepted.
ARTICLE 9 PRIZES
30 cow caps
20 ski boots bags
30 backpacks
30 ski helmets
1 set of Ski jacket + pants
2 pairs of Ski
The prize shall be sent to the Winner alone by Milka alone.
The prize shall be accepted as announced.
Since the prize is under the full responsibility of Milka and its partners, Eurosport may not be held liable for any failure in the prize or in awarding thereof. Eurosport declines any responsibility relating to the prize having a defect or having caused damage.
The prize may not be exchanged, taken back, or be the subject of any financial consideration or financial equivalent. Where applicable, the date of use of the prize shall be notified on issue thereof. Insofar as the prize consists in travelling, the Winner shall alone take the necessary steps to ensure that he or she satisfies any customs and regulatory conditions for leaving the territory and for entering the foreign territory, and, to this end, shall, in particular hold a passport or an identity card (including a visa), as the case may be, that is currently valid and that remains valid throughout the period of the said travelling/staying. Any claims concerning the manner in which the prize is made available may not consist in claiming any financial consideration and/or any financial equivalent.
It is specified that neither the Organising Company nor Milka shall provide any additional service as regards cover or guarantee, assistance, taking up of rights to enjoyment, or making the prizes available, the awarding of the prizes merely consisting in giving the prizes as described. Therefore, unless otherwise expressly stipulated in the description of the prizes, all ancillary expenses relating to the awarding of the prizes or general expenses related to taking possession of the prizes – in particular travel expenses, eating expenses, accommodation expenses, etc., shall remain borne by the Winners. No cover or reimbursement shall be due in this regard.
In any event, the terms on which the prizes are made available shall be as notified by Milka to the Organising Company.
Milka reserves the possibility of replacing the prize by a prize of equivalent value, without it being possible for any claim to be lodged in this regard.
The Organising Company and Milka expressly decline any responsibility for any incidents or harm of any type that might arise due to enjoyment of the prize and/or due to use thereof, and this is recognised expressly by the Winners. The Winners therefore waive the right to any claim and any recourse against the Organising Country and/or Milka or any one of the companies of the groups to which they belong as regards the prizes, in particular the quality thereof or any consequence arising from taking possession of a prize.
ARTICLE 10 RESPONSIBILITIES AND RESERVATIONS
Responsibilities: The Organising Company may not be declared responsible for any total or partial malfunctions of the Internet that might or might not have given rise to failures in administration, security, input, integrity, or management of the Competition. In particular, they may not be declared responsible for any error, omission, imperfection, interruption, deletion, transmission delay, failure of communication and connection circuits, destruction, damage, or technical failure of the fixed or mobile terminal of the Competitor, or for any other problem relating to telecommunications networks, to on-line mobile terminals and computers, or to servers or access providers.
The Organising Company reserves the right to exclude from taking part in the present Competition any person disturbing the progress of the Competition. It reserves the right to take legal action against anyone who has cheated, defrauded, manipulated or disturbed the operations described in the present Rules or who has attempted to do so. A winner who has cheated shall automatically forfeit any right to obtain any prize.
The Organising Company reserves the right, in particular for compelling reasons and/or for reasons of force majeure, to shorten, extend, or cancel the present Competition in part or in full if circumstances so require. It may not be held liable in such a case. Prior notice of such changes may however be given by any suitable means.
In the event of force majeure, of unforeseeable circumstances, or of exceptional circumstances (fire, flood, natural disaster, ill-intended intrusion into the computer system, strike, calling into question of the financial and technical equilibrium of the Competition, etc.), and even if such circumstances are its own responsibility (subject to it having acted in good faith), the Organising Company may terminate the Competition in full or in part. The present Competition shall be cancelled in the event of winding-up of the Organising Company or of Milka, or in the event of force majeure, without the Competitors or the Winner being entitled to claim any compensation in that regard. The Rules may be altered at any time by the Organising Company, in compliance with the principles set forth above in this respect.
Checks and Reservations: Any information disclosed by the Competitors and by the Winner, in particular their details, shall be considered as null and void and shall not be taken into consideration if it includes an anomaly.
Any cases not provided for by the Rules shall be settled as a last resort by the Organising Company. Neither the Organising Company nor the Milka may be held liable for harm of any type (personal, physical, material, financial, or other harm) arising during the course of participation of a Competitor in the Competition.
ARTICLE 11 APPLICABLE LAW
The present Rules are governed by French Law.
In order to be taken into account, any dispute or objection relating to the Competition shall be made at the latest thirty (30) days as from the closure of the disputed Competition Session, in writing only and sent to the following address:
Société Eurosport SA
Département Jeux
3, rue René et Gaston Caudron
92798 Issy-Les-Moulineaux Cedex 9
The Organising Company shall decide on any matter relating to application of the present Rules or not settled by them. Except for cases of fraud by the Competitors and in issuing of the prize that is under the sole responsibility of Milka, any dispute that might arise during performance of the present Rules shall be settled preferably out of court between the Organising Company and the Competitor.
Any dispute that might arise on interpreting the present Rules shall be referred expressly to French Law and to the sovereign judgement of the Organising Company, and, as a last resort, to the judgement of the competent Courts of the jurisdiction of the Paris Appeals Court.