ARTICLE 1 - ORGANISING COMPANY:
The company NIXON EUROPE, LLC with capital of 7,660,000 euros, whose registered office is at 185 Avenue de Pascouaou 40150 Soorts-Hossegor – France, registered in the Dax Trade and Commerce Register under the number 431 951 425, with the SIRET number 431 951 425 00039 - APE 514S – TVA FR 53431951425 (the "Organising Society" or "Nixon" or "Nixon Europe") organising a game consisting of a random draw, every 90 days, of a person who posts an opinion about one of its products (hereafter the "Game") on the website nixon.com. The aim of the Game is to encourage people to give their opinions on Nixon products.
This game consists of a random draw among the persons authorised to participate in accordance with these regulations who have participated on the website accessible at the address nixon.com.
This game is free and includes no purchase obligation.
The conditions and modalities for participation in the Game are defined in these regulations (hereafter the "Regulations").
ARTICLE 2 - GAME DURATION:
The Game begins on 1 July 2019 at midnight CET (Central European Time): from this date, participants who post on the website nixon.com may be drawn at random.
The random draw is performed every 90 days, by Nixon.
|1||July 1, 2019 (12:00am CET)||September 30, 2019 (11:59pm CET)|
|2||October 1, 2019 (12:00am CET)||December 31, 2019 (11:59pm CET)|
|3||January 1, 2020 (12:00am CET)||March 31, 2020 (11:59pm CET)|
|4||April 1, 2020 (12:00am CET)||June 30, 2020 (11:59pm CET)|
|1||July 1, 2020 (12:00am CET)||September 30, 2020 (11:59pm CET)|
|2||October 1, 2020 (12:00am CET)||December 31, 2020 (11:59pm CET)|
|3||January 1, 2021 (12:00am CET)||March 31, 2021 (11:59pm CET)|
|4||April 1, 2021 (12:00am CET)||June 30, 2021 (11:59pm CET)|
ARTICLE 3 - GENERAL CONDITIONS OF PARTICIPATION:
3.1. Prerequisites for participation
The Game is open to any person who meets the following conditions (the "Participant"):
- Be an adult natural person;
- Be a citizen of one of the 32 countries of the Europe zone europe accessible on the site "Nixon.com";
- Have taken note of these Regulations, and accepted them without reservations.
For the entire duration of the game, only one entry per physical person will be accepted.
There is no limit on the number of products that can be evaluated, but there is a limit of one (1) opinion per product.
Minors and persons who have participated, directly or indirectly and in any capacity whatsoever, in the development of the Game and who are working or have worked at Nixon Europe are excluded from participation in this Game.
A Participant may not in any case play on behalf of other Participants.
Only entries that comply with all the stipulations of these rules will be considered. It is strictly forbidden to modify or attempt to modify, by any means whatsoever, the modes of participation in the Game. Any entry made by any means other than those provided for in these Rules that is incomplete, irregular or not in accordance with the provisions of these Rules, will result in that person’s participation being invalidated, and where applicable, the loss of his/her status of winner.
ARTICLE 4 - GAME PROCESS:
4.1. How to play
The participant posts an opinion on a Nixon product on the website Nixon.com. When doing so, the Participant indicates their:
- First name
- Email address
The opinion left by the participant must comply with the law and regulations and must not therefore under any circumstances contain remarks that contravene public decency and in particular insults, or remarks that are vulgar, crude, racist homophobic, sexist, etc.. You are of course free to freely express your opinion about the product on which you are posting an opinion, in compliance with the applicable regulations.
4.2. Naming of the winner
Every 90 days, Nixon Europe shall draw one person at random among those who have posted an opinion on a Nixon product on the website Nixon.com (hereafter the "Winner") during the game period referenced in article 2. The Winner shall then be notified as soon as possible by email of the fact that his or her name has been drawn at random. This notification shall take the form of a Nixon email to the email address that the Participant indicated at the time he or she posted their opinion on the website nixon.com. The Organising Company cannot be held responsible if the Winner does not receive these emails (particularly if they are classed as spam, undesirable email or other security settings prevent receipt of the email of the Organising Company) or If the Winner does not have functional email or indicated incorrect or incomplete details. A single Winner shall be named in each 90 day period.
When the Participant is sent an email notifying them of their Winner status in accordance with article 5.2. of these Regulations, the Winner shall, in the same email, receive a code to be used exclusively on the website Nixon.com with a value of 250 euros (excluding taxes) (or a value equivalent to 250 euros (excluding taxes) in the Winner's currency for the Nixon.com websites concerned). The code is valid for thirty (30) days following the date on which the email is sent by Nixon, for a one-time use on nixon.com exclusively (and therefore to the exclusion of any other website, point of sale, etc.).
By using the code, the Winner may make purchases of up to 250 euros (excluding taxes) (or its equivalent in the currency of the Nixon sites concerned) on the website Nixon.com but may also limit their purchase to a lower amount or, by contrast, spend more than the 250 euros (excluding taxes) assigned by the code.
If he or she has not used the 250 euros (excluding taxes) during use of his or her code, the Winner shall not be able to use any amount remaining later: the code only works one time for a single order on the website nixon.com (whether the order includes one or more products).
Thus, if the Winner does not use the 250 euros (excluding taxes) fully on the website Nixon.com (for example, if the Winner limits their order to 200 euros (excluding taxes) when using the code), he or she shall not be able under any cirumstances to demand the payment of the unused amounts in any form whatsoever and the unspent amounts (50 euros (excluding taxes) in this example) shall be lost.
If the Winner spends more than 250 euros (excluding taxes) during his or her order, he or she may then deduct the amount of 250 euros (excluding taxes) from the total order amount and must pay the additional price to reach the order amount.
Under no circumstances can the code be exchanged for its cash value. Similarly, if the code is used mistakenly, Nixon shall make no reimbursement.
ARTICLE 5 - COMPLIANCE WITH THE GAME RULES:
Participation in the Game implies complete acceptance and of and compliance with the provisions of these Rules. Participants are prohibited from implementing or seeking to implement any method of participation that does not strictly comply with the principles of the Game and these Rules. The Organizing Company also reserves the right to disqualify any participant who would alter the operation of the Game, who violates the rules of the Game, or who seeks to circumvent them. The Organizing Company also reserves the right to sue anyone who attempts to defraud or undermine the smooth operation of this Game. The Organizing Company reserves the right to carry out any necessary verification to ensure compliance with these Rules, and to exclude any participant who has committed any abuse or attempted fraud. The Organizing Company may decide to cancel the Game if it appears that obvious fraud has occurred in any form whatsoever, in connection with the participation in the Game.
ARTICLE 6 - CONSULTATION OF THE RULES:
The rules of this game are accessible via the following URL: www.ticket.nixon.com. They can be viewed, downloaded and printed for free (the cost, if any, of connection and paper are the responsibility of the Participant) for the duration of the Game. Any amendments to these Rules will be available in the same manner as above.
ARTICLE 7 - MODIFICATION OF THE GAME OR OF THE RULES:
The Organizing Company shall not be held responsible for the postponement, suspension or cancellation of the Game in the event of force majeure. The Organizing Company may, at any time and without notice or obligation to justify its decision, decide to shorten, extend, postpone or cancel the Game and to modify all or part of the conditions of access and/or implementation of the Game, in particular in cases of force majeure or events beyond its control, and it shall not be held liable and no compensation may be claimed from it in this respect. In the event of such circumstances, the Organizing Company will make its best efforts to inform the participants electronically and by any means, it being further understood that any consequential amendment to the Rules (except for the cancellation of the Game) will result in new Rules, which will enter into force on that date. Any Participant will then be deemed to have accepted this modification simply by participating in the Game as of the effective date of said modification (date and time of mainland France being authentic). Any participant refusing the modification(s) will end his or her participation in the Game.
ARTICLE 8 - LIABILITY:
8.1. The Organizing Company may cancel all or part of the Game if it appears that fraud has occurred in any form whatsoever, including computer fraud, in connection with participation in the Game.
8.2. The Organizing Company will make its best efforts to allow access to the Game at any time on the website, accessible at the URL: ticket.nixon.com. The Organizing Company may, at any time, especially for technical reasons or reasons of updating or maintenance, interrupt access to the Website. The Organizing Company will not be responsible for these interruptions and their consequences.
8.3. The Organizing Company shall in no way be held responsible in the event of force majeure, within the meaning of the French Civil Code and French case law.
8.4. The Organizing Company shall not be held responsible for a malfunction of the internet network, phone lines, or receiving equipment that would prevent the smooth operation of the Game. In addition, the Organizing Company may in no case be held responsible for delivery problems or loss of electronic mail or mail.
8.5. The Organizing Company shall not be held responsible for any technical, anomalous, hardware or software failure of any kind (virus, bug, etc.) occurring on the Participant's system, their computer hardware, and the data stored there, or consequences that may result from their personal, professional or commercial activity.
ARTICLE 9 - PROTECTION OF PERSONAL DATA:
9.1. Data processed
Within the framework of the game, Nixon collects the following data from Participants:
- First name
- Email address
Provision of this data is mandatory so that the Participants can be identified, the Winner can be named and the voucher can be sent.
9.2. Data controller
Nixon Europe is the data controller.
9.3. Who is the data sent to?
This data is not shared with third parties. Sub-contractors, acting on our instructions and on our behalf, may have cause to process the data, particularly for hosting. In such a scenario, they shall not under any circumstances be able to use your person data on their own account.
9.4. Purpose of the data processing
The data is processed solely for the purposes of allowing the random draw then sending the code of a value of 250 euros (excluding taxes) for use on the website nixon.com.
9.4.2. Legal basis
Article 6 (1) a and 6 (1) b of the General Data Protection Regulation – GDPR: this is the legal foundation applicable to participation in the Game: you consent to the use of your data to participate in the Game and the Game is carried out within a contractual framework.
9.5. Source of the data
The data is communicated by the Participant.
9.6. Automated decision-making
No automated decision-making is planned as part of the processing.
9.7. Data subjects
Only the Participants are involved.
9.8. Processing of data outside of the EU
The data may be hosted outside of the European Union.
9.9. Data retention period
The data is retained for 3 years. Participants may request removal of their data at any time.
Nixon Europe implements the necessary means for the security and confidentiality of personal data, in accordance with the regulations in place and the recommendations of the CNIL.
9.11. Your rights concerning your own personal data
You can access and obtain copies of data concerning you, object to the processing of these data, have them rectified or have them erased. You also have a right to limit the processing of your data. You also have the right to formulate specific and general guidelines regarding the storage, deletion and communication of your post-mortem data (provided that in the meantime your data have not been deleted in accordance with the Rules herein). The communication of specific post-mortem guidelines and the exercise of these rights requires mailing a letter to Nixon Europe. Requests regarding the fate of post-mortem data must be accompanied by a copy of an identity document in order to be processed.
9.12. Exercising your rights
To exercise your rights, you can contact email@example.com
By telephone: +385 800 8709
By mail: 185 Avenue de Pascouaou 40150 Soorts-Hossegor – France
9.13. Claims (complaint) with CNIL
The CNIL, the independent administrative authority responsible for personal data matters, is the supervisory authority of Nixon Europe, which is responsible for any dispute concerning your data. If you feel, after contacting us, that your rights to your data have not been respected, you can send a claim (complaint) to the CNIL by contacting them at the following address: www.cnil.fr
ARTICLE 10 - INTELLECTUAL PROPERTY RIGHTS:
The reproduction, representation and exploitation of all or part of the elements making up the Game is strictly prohibited. Trademarks mentioned in the Game are trademarks or are protected by their respective owners. Nothing in these rules shall be construed as conferring on the Participants any intellectual property rights in any of the elements of the Game.
ARTICLE 11 - REIMBURSEMENT:
This Game is free and includes no purchase obligation. The Participant is not required to pay anything other than the inevitable costs associated with connection to the website and the fact, if they win, of receiving, by email, the code that allows them to spend 250 euros (including all taxes) on the Nixon website. There shall be no reimbursement for the connection costs via an adsl, cable, fibre connection. In principle, this Game, free of charge and without purchase obligation, therefore gives rise to no right of reimbursement. If you have any questions about this point, please get in touch with us.
ARTICLE 12 - APPLICABLE LAW – COMPETENT JURISDICTIONS:
These rules are subject to French law. Any dispute arising from the Game will result in an attempt to settle amicably between the Organizing Company and the participant concerned. Failing agreement, the dispute will be submitted to the competent French courts.
If one or more stipulations of the Rules herein were to be declared null and/or inapplicable, in particular because of the mandatory laws applicable according to the rules of private international law applicable to the country of the Participants, the other clauses would remain in full force and effect.
Done at Soorts-Hossegor on May 24, 2019