QUIKSILVER “CHRISTMAS 2020”
NO PURCHASE NECESSARY TO ENTER. PURCHASE WILL NOT INCREASE ODDS OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW
Article 1 – Organising Company
NA PALI, a simplified joint stock company with a capital of 5,067,884 €, registered with the Bayonne trade register (RCS) under number 331 377 036, with its head office at 162 rue Belharra, in Saint Jean de Luz, France (hereafter referred to as the “Organizing Company”) is holding a free contest from December 3rd, 2020 at 8.00 am (CET) to December 24th, 2020 at 11.59 pm (CET) included on www.quiksilver.fr website or corresponding websites in contestant’s domicile (the “Site” or “Sites”) (the “Contest”).
Article 2 - Entry requirements
Participation in the Contest constitutes contestant’s full and unconditional acceptance of these Official Rules. The Contest is open to any physical persons 16 years of age or older, residing in the United Kingdom, France, Austria, Belgium, Germany, Spain, Ireland, Italy, Luxembourg, Netherlands, Portugal, Finland, Denmark, Sweden and Switzerland (the “Countries”). Employees, officers, principals, directors or agents (and their family members, whether related by blood, adoption, marriage, civil partnership or cohabitation, and those living in the same household) of the Organising Company, its direct or indirect parent companies, subsidiaries, affiliates advertising agencies, public relations agencies or prize suppliers, including without limitation, vendors providing services in connection with the Contest , and any person directly or indirectly involved in the setting up of the Contest (all of the foregoing, collectively with Organising Company, the “Companies”), are not eligible to participate.
The Organizing Company draws attention to the fact that contestants under the age of majority in the jurisdiction in which the contestant resides must have the prior consent of their parent or legal guardian to enter the Contest and provide personal information.
Article 3 – Contest Entry
By entering and/or participating, contestants agree to be bound by these Official Rules which are available free of charge on the Site for the duration of the Contest.
To enter the Contest, the contestants must simply fill the information required of the entry forms where indicated on the Site between December 3rd, 2020 at 8:00 am (CET) and December 24th, 2020 at 11:59 pm (CET) (the “Entry”).
Each contestant (same name, same address) may submit only one Entry to the Contest. If a contestant submits multiple entries, only the first Entry submitted to the Organizing Company will be taken into account.
Any attempt to pirate the inscription system or repeated registration with wrong email address will lead to disqualification of the contestants. Further to a control carried out after the registration of the participant, the Organizing Company reserves the right to disqualify a participant in the event of any of the cases described above.
Article 4 – Selection of winner
No purchase of any kind is necessary in order to enter the Contest or win the Prizes (as defined in article 5), and chances of winning are not enhanced by making any purchases. The name of the winner may be posted on the Organising Company’s social media (including but not limited to Facebook™).
One (1) winner will be drawn from the list of valid entries. The draw will be made by SCP MORAU, LAGUERRE-CAMY, bailiffs in Saint Jean de Luz (France) on January 6th, 2021.
The potential winner will be directly informed of the result by the Organising Company or its designee on his email address from where he has been entered on January 8th, 2021. No message will be sent to non-winning contestants.
The potential winner must respond to the Organizing Company’s or its designee’s notification email and provide all requested information by January 20th, 2021. If a potential winner cannot be contacted, is disqualified or fails to respond within the prescribed period, such potential winner will forfeit the Prize without this giving rise to any right of indemnity and an alternate winner will be selected by the Global Marketing Team of the Organizing Company from among the remaining eligible entries on January 22th, 2021, in its sole discretion.
The winner will be required to prove eligibility and may be required to complete, sign, and return an affidavit of eligibility, liability/publicity release form and other applicable documents to receive and claim the Prize. The winner shall authorize all checks regarding their identity and domicile.
If a winner is under the age of majority, such winner will be required to have written parental consent to the contestant’s awarding, acceptance and receipt of the Prize, and to all of the conditions and terms set forth in these Official Rules.
The Companies are not responsible for any incorrect or illegible address information or the non-delivery of any Prize resulting therefrom, or for any unsuccessful efforts to notify the winner.
All decisions of the Organising Company about the winner are final, binding and non-appealable.
Article 5 - Prizes
The winner will win:
- one (1) week stay (7 nights and 6 days) at the Skylodge in Piau Engaly Ski Resort for two (2) people (approximate maximum commercial value of 3,000.00 € incl. tax) including:
o The transport round trip within a limit of an amount of 500.00 euros incl. tax. The partner N’PY will choose the means of transport;
o The accommodation in a double cabin at the Skylodge in Pau Engaly Ski Resort;
o 6-days ski pass for two (2) persons;
o Two (2) entry pass At Edeneo during the week.
The date of the stay will be chosen according to availability of the winner and the accommodation but excluding school holidays 2020/2021. If travel restrictions apply due to Covid 19 the trip can be postponed to 2021/2022.
- two (2) skiing outfits (Jackets + Pants - approximate commercial value of 450.00 euros incl. tax maximum per outfits) in the form of two (2) vouchers, to be used on the Site. Each voucher can be used only once. If a voucher is used for an article with a lower price, the difference cannot be used for another purchase.
The winner has to use the vouchers before February 10th, 2021. If the winner does not, the prize will be definitely canceled.
Article 6 – Limitation of liability
The Companies decline any liability for any dispute concerning the awarding of the Prize.
a. Winner’s guest must be at least the age of majority. If a winner is a minor, winner’s guest must be winner’s parent or legal guardian. Winner and its guest will be responsible for all travel documents and identification acceptable to airlines, security and governmental agencies.
b. Winner and its guest must depart from and return to the same departure point and travel together. Travel arrangements to and from the winner’s home and the airport of departure do not form part of the Prize and are the responsibility of the winner. The winner and its guest will be responsible for all travel documents and identification acceptable to airlines, security and governmental agencies.
c. Transportation are subject to the fare rules and General Conditions of Carriage of the relevant carrier. Tickets are available on the regular scheduled services of each carrier and are subject to seasonal embargos and availability at the time of booking. The Companies are not responsible for any cancellation, delay or rescheduling of flights or trains and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the winner.
d. The winner is responsible for the payment of any applicable airline excess baggage fees or other fees, taxes and surcharges. The winner (and its guest) will not be entitled to accrue frequent flyer points on the travel or accommodations. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.
e. Prize is “AS IS” without any warranty of any kind, express or implied. No substitution, exchange or transfer of Prize will be made or is permitted except in Organising Company’s sole discretion. The Organising Company reserves the right to substitute the Prize for an alternative prize of equal or greater value in the Organising Company’s sole and absolute discretion. The Prize cannot be exchanged/redeemed for cash.
f. The Companies shall not under any circumstances be held liable for any delay in awarding the Prize or in the event that the winner cannot be awarded the Prize for reasons beyond the control of the Companies. If the Prize cannot be sent by post, the terms for accepting the Prize will be specified to the winner in the Prize confirmation by email or by any other means at the convenience of the Organising Company.
g. In the event that the winner is unable to travel during the stipulated period then such winner forfeits the entire Prize with no further compensation or further liability of the Companies.
h. Any extension to the duration of the Prize is at the winner’s sole expense and subject to availability at the time of booking. Prize travel will be booked by the Organising Company for the winner for fixed dates. Once flights or trains and accommodation are booked, dates may not be amended.
i. Unless otherwise specified all other expenses are the responsibility of the winner (and its guest) including but not limited to spending money, transport to and from departure and arrival points, incidentals, alcohol, mini-bar, laundry, room service, telephone calls, gratuities, services charges, travel insurance, passports, and all other ancillary costs. A credit card imprint or cash deposit may be required from the winner at time of accommodation check-in to cover incidental charges.
By entering the Contest, contestants release, discharge and hold the Companies and any social media companies used in promoting or administering the Contest (including, without limitation, Facebook™) and their respective parent companies, affiliates, subsidiaries, advertising agencies, directors, officers, shareholders, partners, members, managers, employees, agents, representatives, successors and assigns harmless from and against any and all damages, claims, or losses of any kind in connection with the Contest or resulting from Entry into the Contest, or receipt, acceptance, possession or use and/or misuse of the Prize. The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest. All provincial, federal, state, local and/or other taxes are the sole responsibility of the winner.
The Contest is in no way sponsored, endorsed, administered by or associated with Facebook™. By participating, the contestants release the Site and its respective parent companies, subsidiaries, affiliates, partners, employees, directors, agents and advertising agencies from and against any and all injury, loss or damage caused or claimed to be caused by the Entries or participations in the Contest and/or the acceptance, awarding, receipt, use and/or misuse of the Prize.
Article 7 – Internet network
Entering the contest 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 Organizing 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 Organizing 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 Organizing Company may not be held liable in the event of a technical malfunction in the Contest, if contestants are not able to log on to the Sites or to enter the Contest, if it does not receive the data relating to a contestant’s Entry 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 is illegible or impossible to process (for instance, if the contestant has hardware or a software environment that does not comply with his/her subscription) or in the event of email routing problems. Contestants will not be entitled to any compensation in this regard.
Moreover, the Organizing 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. The Organising Company reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest, violates the Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Article 8 – Participant guarantees
Contestants represent and warrant to the Companies that their Entry are not libelous, slanderous, obscene and do not plagiarize; and that the Companies’ use of the Entry or any information contained therein as contemplated herein will not infringe upon any copyright, trademark, right of privacy or any other rights whatsoever of any third party. Each contestant shall hold the Companies harmless and shall indemnify the Companies for all costs and expenses (including reasonable attorney fees) in the event of a breach of any of the foregoing warranties or representations. These warranties and representations do not extend to any material not furnished by contestants.
By participating in the Contest, each contestant grants the Companies as well as their assigns and licensees, throughout the world, for the whole length of the copyrights and without restriction as to the frequency of use, the right (but not the obligation) to use, post, upload, pin, publish and display the Entry, the winner’s name, photograph or any other indicia of identity or likeness or information therein made relating to the Contest for the promotion of the Contest on any medium, notably but not exhaustively on the Companies’ social media sites, including but not restricted to the Organising Company’s Facebook™ account, blogs and other websites, products and promotional materials.
Article 9 – Application of the Official Rules
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Organising Company’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Article 10 - Complaints
Entering this contest implies full and unreserved acceptance of the terms set out in these Official Rules.
Any breach of a term of these Official Rules will disqualify the contestant who has committed the breach. Any dispute on the interpretation of the Official Rules will be settled by the Organizing Company.
Any complaint must be sent before January 3rd, 2021, by registered letter with acknowledgment of receipt to NA PALI SAS, Quiksilver Marketing, 162 rue Belharra, 64500, Saint Jean de Luz, France. These claims may only concern material conditions of the Contest’s implementation.
Article 11 – Official Rules amendment and fraud
The Organizing Company reserves the right to revise these Official Rules at any time and will inform the contestants of any significant changes at least thirty (30) days prior to the application of this material change. The Organizing Company also reserves the right to take any decisions it deems useful for the application and interpretation of the Official Rules. The Organizing Company may inform contestants of a revision by any means of its choosing. The Organizing Company also reserves the right to modify, extend, cut short, suspend or cancel the Contest and to disqualify any contestants, in its sole discretion and without warning, for any reason, including (but not limited to)
due to an event beyond its control, and in particular in the event of force majeure or an act of God or if the Contest is not capable of running as planned.
The Organizing 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. In this case, it reserves the right not to award the Prizes 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 Organizing 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 – Personal data protection
The Organizing Company, as identified in Article 1 above, is in charge of processing the personal data of the contestants.
It is reminded that to enter the Contest, the contestants must necessarily provide certain personal information relating to them (name, address, etc.), otherwise participation in the Contest will not be finalized. 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 Organizing Company and its subsidiaries and may be submitted to its technical service providers and the service provider handling the shipping of the Prizes.
The legal basis for processing the personal data of the contestants is the contract between the contestant and the Organizing Company, embodied in the Official Rules.
The personal data of the contestants will be kept for the duration of the Contest, and for a maximum of three (3) years from the last contact initiated by the contestant.
The Organizing Company may send e-mails to the contestants regarding information, offers and events related to its Quiksilver, Roxy DC Shoes, Billabong, RVCA, Element and Von Zipper brands and its loyalty program. The contestants’ consent will be requested to receive such information, offers and events from the Organizing Company's business partners. The contestants can object for free to the reception of such e-mails by clicking on the unsubscribe link included in each e-mail. With regard to the e-mails sent by the Organizing Company, the contestants may also object at any time and free of charge by notifying the Organizing Company at the address indicated below.
In accordance with European Regulation 2016/679 of 27 April 2016 and French law no. 78-17 of 6th January 1978 relating to information technology, files and freedom modified, in particular by French law n ° 2018-493 of June 20, 2018 relating to the protection of the personal data, contestants have the right to access, modify or delete the data relating to them. Subject to the conditions of the applicable regulations, the contestants also have a right to the portability of their data, the right to request a limitation of treatment or to object the processing of their data. The contestants also have the option of providing instructions regarding the treatment of their data after their death.
To exercise these rights, contestants must send a valid proof of identity and a letter to the following address:
NA PALI SAS
162 rue Belharra,
64500 Saint Jean de Luz
The Organizing Company will, if necessary, inform the contestant of the reasons for which its application cannot be satisfied, in whole or in part.
In the event of a question or complaint relating to the processing of their personal data, contestants may send their request to the contact details indicated above. The Organizing Company will try to find a satisfactory solution, otherwise the contestants have the right to submit their claim to the competent supervisory authority (the CNIL, France).
Article 13 – Intellectual Property Rights
The images used on the Sites, the trademarks and trade names mentioned, the graphic elements, and databases composing the Sites, are the exclusive property of their respective owners and may not be extracted, reproduced or used without the written authorization of the latter.
Article 14 – Filing and access to the Official Rules
These Official Rules are on file at the office of SCP MORAU LAGUERRE CAMY, bailiff in Saint Jean de Luz (France).
They can be sent free of charge on written request submitted to NA PALI SAS, Quiksilver Marketing, 162 rue Belharra, 64500, Saint Jean de Luz, France. The cost of postage for the Official Rules will be reimbursed on simple request (2nd-class rate in force).
Article 15 – Applicable Law
THE ENFORCEMENT AND INTERPRETATION OF THESE OFFICIAL RULES ARE SUBJECT TO FRENCH LAW.
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