Article 1. – Purpose
Porcher Industries - Société Anonyme [public limited company] with a Management Board and registered capital of €2,371,668, the Head Office of which is located at 2440 RD 1085 38300 ECLOSE-BADINIERES, FRANCE, registered in the Vienne Trade and Companies Register under number B 553 620 022 (hereinafter “Porcher Industries” or “the Organizing Company”) is holding a game from June 18 to July 2 2021 midnight, entitled “Paragliding Is Nice in Winter Too!” (Hereinafter, “the Game”).
Article 2. – Acceptance of Rules
Participation in the Game the unconditional acceptance of these regulations in their entirety (hereinafter: “the Rules”).
No requests (by email or telephone) will be answered concerning the interpretation or application of the Rules, or concerning the terms and mechanisms of the Game.
The Rules have been deposited with LEGAHUIS Conseils 5, rue de la Lionne - 45000 ORLEANS, FRANCE.
The Rules are available and may be viewed at the following address: https://www.porcher-ind.com/evvo
The Rules may also be received by writing to the following address
440 RD 1085 38300 ECLOSE-BADINIERES, FRANCE (hereinafter: “The Game Address”). It is specified that the cost of the stamp used to request the Rules in writing will not be reimbursed.
Article 3. – Access to the Game
The Game is open to any individual age 16 or over.
Participation in the Game also requires Internet access, an Instagram account and a valid email address.
The following are excluded from participating in the Game: persons not fulfilling the aforementioned conditions, the personnel of Porcher Industries (managers, employees, directors and permanent and occasional employees, whether salaried or otherwise) and their family members (spouse, partner, ascendants, descendants) living in the family home and generally any person directly or indirectly involved in the organization, production, implementation, promotion or running of the Game.
Article 4. – Prizes
4.1. – Prize Definition
The Organizing Company is offering 10 pairs of EVVO snowshoes to Game winners. Each winner shall receive one pair, with unit value of 200 euros incl. tax, to be chosen from one of the following two sizes: 36-42 and 42-48.
4.2. – Prize Details
The prize is non-modifiable, non-exchangeable and non-refundable. The value of the prize is determined as at the time these Rules are being drafted, and may not be disputed.
The prize may not give rise to a request for financial consideration, exchange or return, for any reason whatsoever. The Organizing Company reserves the right, should circumstances so require, to replace the prize at any time with an prize of equivalent commercial unit value and characteristics.
Article 5. – Terms and conditions of participation and designation of winners.
5.1. – Terms of participation and closing date
To take part in the Game, interested persons need only to Like a post presenting the Game and tag at least two friends before midnight on July 2.
5.2. – Designation of winners
A draw will be held within 10 days of the end of the Game, under the supervision of a bailiff. The draw will be held from a file containing the names of all the people who have performed the actions described in 5.1.
There will be 10 Game winners and as many people placed on the waiting list.
Winners will be informed by an Instagram post from Porcher Sport, in which they will be tagged. Only users’ names will be visible. They will then be required to confirm acceptance of their prize and provide a shipping address as well as their chosen snowshoe size within 2 (two) weeks, from the date of the Instagram post announcing the winners of the Porcher Sport game. Winners shall be deemed to have elected domicile at the address they have indicated and confirmed.
Winners failing to come forward by the set deadline will be deemed to have definitively waived their right to their prize.
Should a winner fail to come forward and fail to meet the eligibility requirements listed in Article 2, that winner’s prize will be awarded to another participant, drawn at random from the waiting list.
Article 6. – Non-reimbursement of participation costs
Any costs incurred to participate in the Game (Internet connection costs, etc.) are non-reimbursable by the Organizing Company.
Article 7. – Limitation of liability
7.1. – The Organizing Company shall not be held liable for problems arising from a participant’s Internet connection, telephone calls, mail delivery error or any other problem not attributable to it and occurring at any point in the Game’s duration. The Organizing Company shall make every effort to provide participants with and maintain functional and verified infrastructures, information and tools. It shall nonetheless not be held liable for failure of the participants’ equipment (computer, software, Internet connection tools, telephone, servers, etc.), for the loss of data that may result therefrom for a cause not attributable to the Organizing Company and for the impact of such failures on their participation in the Game.
It is thus the responsibility of all participants to take all appropriate measures to protect their equipment and the data stored on their equipment (computer and telephone) against any attack. Participation in the Game implies, in particular, knowledge and acceptance of the characteristics and limits of the Internet network, the absence of protection of certain data against any misappropriation or hacking by third parties and the risks of contamination by any viruses circulating on the network, or any other contingencies connected with the postal services. The data collected will be hosted on https://www.porcher-ind.com ’s server for the duration of the game and until the winnings are delivered.
7.2. – The participants accept that the data contained in the information systems of Porcher Industries have evidential value until proven otherwise, as to the log-in data and information resulting from computer processing relating to the Game.
7.3. – The Organizing Company undertakes to do everything in its power with its service providers to ensure the smooth running of the Game. Nonetheless, should a technical failure occur, affecting the proper running of the Game in conditions beyond the control of the Organizing Company, the latter shall not be held liable to the participants.
7.4. – If a winner’s contact details cannot be used or if the winner cannot be identified, it is not the responsibility of the Organizing Company to carry out additional research to find the unavailable winner, who will thus receive neither the prize, nor any compensation or indemnity, and the prize will not be put back into play.
7.5. – Should the Organizing Company be unable to reach a winner, including via Instagram, the winner not having claimed his/her prize within 2 months of the date of the tag notifying him/her of his/her prize, or has not collected his/her prize during the allotted time, shall be considered to have purely and simply waived his/her right to the prize.
The prize shall not be awarded and may under no circumstances be claimed at a later date. It shall remain the property of the Organizing Company.
7.6. – Where a winner expressly waives his/her right to benefit from his/her prize, the latter shall be offered to another winner who was on the waiting list at the time and without the Organizing Company being held liable in this regard.
Article 8. – Correspondence
Non-compliant correspondence or applications (incomplete, illegible, incorrect, with insufficient postage, sent by registered mail, returned after the deadline or sent by e-mail) will not be taken into account.
Article 9. – Disqualification
Participants authorize all verifications concerning their identity, age, domicile and telephone number in the context of the Game. Any participation that is not compliant with these Rules, incomplete or containing incorrect contact details will be considered null and void. Any fraud or attempted fraud, use of robots or any other similar process enabling the Game to be played mechanically and/or to increase the chances of winning by any means or otherwise is prohibited.
The Organizing Company may thus exclude, suspend and/or definitively cancel the participation of one or more participants should suspicious behavior be identified. It may then choose not to award the prize to the relevant participants, based on the information in its possession, and/or prosecute the perpetrators of such fraud before the competent courts.
The Organizing Company may also cancel all or part of the Game should it appear that fraud has occurred in any form whatsoever. In the event of a sanction or claim, participants must provide proof that they have behaved in accordance with these Rules. The liability of the Organizing Company may not be incurred in this respect.
Article 10. – Force majeure and modifications
The Organizing Company may not incur any liability whatsoever if, in the event of force majeure or events beyond its control or if circumstances so require, it is forced to cancel this Game, to shorten, extend, postpone or suspend it or to modify the terms and conditions thereof, and it shall not be held liable in this regard. It reserves the right in all cases to extend the participation period.
Article 11. – Exemption from liability
The Organizing Company shall not be held liable for any defect or malfunction of the prizes.
The Organizing Company declines all liability for any incidents or accidents that may befall the winners during the use and/or enjoyment of the prizes.
Article 12. – Authorization to use winners’ names, addresses and images
Subject to the express authorization of the participant, the Organizing Company may use the names, addresses and photographs of the winners, without this conferring on them any right to remuneration or any advantage whatsoever other than the award of their prize.
Article 13. – Intellectual property rights and copyright
In accordance with the laws governing intellectual property rights and copyright, the use of all or part of the elements that are the subject of an intellectual property right or protected by copyright reproduced in the context of this Game is strictly prohibited, without prior written authorization from the Organizing Company.
Article 14. – Applicable law and disputes
The Game is subject to French law. Any dispute concerning the interpretation of the Rules and/or cases not provided for by these Rules shall be settled amicably. Failing this, it shall be submitted to the competent courts.
Article 15. – Protection of personal data
The personal data transmitted by the participants shall be subject to computer processing for the purposes of managing the Game and are intended for Porcher Industries. The data collected relating to the participation of this game is retained for a maximum of 4 months.
In accordance with the regulations in effect, participants have the right to access, rectify, delete and oppose their personal data, as well as the right to portability of the data provided.
These rights may be exercised by writing to the following address: firstname.lastname@example.org