Terms and conditions

Article 1: Organization

ZAM SAS, whose head office is located at 1 rue Perdonnet 75010 Paris, registered with the Paris Trade and Companies Registry under number 521 863 506 and represented by Mrs. Céline Saint-Rémy in her capacity as CEO,

                                                           hereinafter referred to as the “Organizer”on behalf of

By KILIAN SAS, brand of the Esthée Lauder group, whose head office is located at 65 rue de la Boétie 75008 Paris, registered with the Paris Trade and Companies Registry under number 491 530 895 and represented by Mrs Flore Des Robert in her capacity as CEO,

                                                           hereinafter referred to as the “Customer”

 

is organizing a free sample Operation with no purchase obligation, hereinafter referred to as the “Operation”, from September 15, 2018 to December 31, 2018, in twelve countries: France, Germany, Italy, Netherlands, Poland, Turkey, Russia, UK and USA.

Article 2: Entry

Said operation is free with no purchase obligation and is open to any natural person of legal age domiciled in France, Germany, Italy, Netherlands, Poland, Turkey, Russia, UK and USA.

The Organizer reserves the right to carry out all necessary checks of identity, postal and/or electronic address of participants.

The Organizer’s staff members, individuals directly or indirectly involved in organizing the competition as well as their respective families (individuals from a same tax household) are not authorized to participate.

Individuals who fail to provide proof of their contact details and of their full identity or who provide inaccurate or misleading information and individuals who object to the collection, recording and use of their personal data, as strictly needed for the requirements and management of said operation, shall be disqualified.

Entry entails the full and unreserved acceptance of these rules by all participants, the breach of which automatically cancels the entry and the allocation of Scented tattoos hereinbelow referred to as Samples.

 

Article 3: Terms and conditions of Entry, allocations and terms and conditions of allocation

Entry requires the completion of a form with, in particular, the last name, first names of the participant, email address, postal address and special offer code in the dedicated area on the www.KilianLove.com platform.

Any incomplete or inaccurate entry or which does not comply with the aforementioned terms and conditions may not be taken into account and in consequence shall void the entry.

One sole entry per household (same last name, same postal address) shall be accepted and there may be only one win per household.

The operation shall close at midnight on December 31, 2018 and shall end as soon as the stocks available per country have been reached. BY KILIAN is providing 10,000 MY KIND OF LOVE Scented Tattoos for all of the countries concerned.

Samples cannot be transferred or exchanged for other objects or other services or for any cash consideration. They may not the subject of any dispute of any kind and may not be returned, exchanged, assigned or traded in for cash.

The Organizer may not be held liable for any incident that may occur in the transport, use and enjoyment of samples.

Note that if the profile or contact details of the winner is/are invalid, incomplete or inaccurate, he or she shall forfeit their entitlement to the sample.

Samples shall be sent between October 25, 2018 and January 15, 2019 depending on the countries and shall be shipped to the address provided in the www.KilianLove.com form.

Any fraudulent, false, misleading, incorrect or inaccurate information concerning identity or age shall cancel the entry.

 

Article 4: Liability

The Organizer shall not incur any liability if, in the event of force majeure, events beyond its control and/or to ensure the security, fairness, integrity and/or the proper conduct of the competition, it is forced to cancel this sample Operation, to curtail or to extend it, to postpone it or to modify the conditions thereof.

The Organizer and/or the Customer may not be held liable for any problem related to the conduct of the competition whether caused by a human, IT or any other error of any kind, in particular, in the event of the malfunctioning of the Internet which prevents access to the platform or its proper conduct.

Entry in said competition implies knowledge and acceptance of the characteristics and limits of the Internet, in particular, relating to technical performances, highly variable connection speeds, the lack of protection of certain data against hacking or the risks of contamination by viruses on the network as well as use of cookies.

Accordingly, the Organizer and/or the Customer and their partners may not be held liable, without this list being exhaustive, for any server interruptions, data losses, consequences of any IT virus or bug, or any technical default which prevented or limited the possibility of entry in the operation.

The Organizer and/or the Customer may not be held liable for delays, losses, thefts, accidents, or illegibility of stamps attributable to the postal services.

The Organizer and/or the Customer as well as their service providers and partners may not under any circumstances be held liable for any incidents and side effects [Traducteo1] which may occur in the use of Samples by the beneficiaries or any other user insofar as the eligible participants have taken possession thereof.

Likewise, the Organizer and/or the Customer as well as their service providers and partners may not be held liable for the loss or theft of samples by the beneficiaries insofar the winners have taken possession thereof.

Any extra cost incurred in taking possession of allocations is entirely payable by the winners without the latter being able to claim any compensation from the Organizer and/or the Customer or from service providers or partner companies.

Article 5: Use of Data

The Organizer and/or the Customer shall record and use participants’ data to register their entry in the sample Operation and to allocate prizes.

Participants may, for legitimate reasons, object to the processing of their personal data provided during said Operation. They also have a right to object to the use of this data for commercial canvassing, outside the entry in said competition, which they may invoke as from the registering of their entry by writing to the Organizer at the address stated in Article 1.

The participants authorize the Organizer and/or the Customer to use their contact details (last name, first names), as well as the photo of their profile on social media on any medium whatsoever, without thereby conferring on them any remuneration, right or benefit whatsoever, other than the awarding of their prize.

In accordance with the French Data Protection Act[1] of January 6, 1978, each participant has the right to require that data be corrected, completed, clarified, updated or deleted by writing to the Organizer at the address stated in Article 1.

 

Article 6: Refunding of competition expenses

Expenses shall be refunded in accordance with the conditions set forth hereinafter:

In accordance with the provisions of Article L. 121-36 of the French Consumer Code, access to the website and entry in the competition proposed therein are entirely unrestricted and free of charge, such that expenses incurred by the participant to log on to the website shall be refunded to him or her in accordance with the terms and conditions hereinafter.

Considering the nature of the competition (input of three pieces of information on a web page), one sole refund per household (same last name, same postal address) may be made, provided that the participant is resident in one of the twelve countries stated in Article 1 and in accordance with normal conditions of use of the website; it is expressly agreed that normal use of the website to participate in said Operation shall not exceed 10 minutes.

It being noted that in the current state of service and technical offers, some Internet providers offer their customers free or all-inclusive connection to web browsers, it is expressly agreed that any connection to the website via an inclusive or gratuitous means (such as DSL, Cable, Wireless, etc.) shall not be eligible for any refund, insofar as the subscription to the Internet provider's services has been contracted by the Internet user for their general Internet usage, and thus the participant incurs no additional expense in connecting to the website for the purpose of entering the competition.

In the event of a paid connection invoiced pro rata to the connection time, the expenses incurred in logging on to the website in order to enter the competition shall be refunded by check, upon the participant’s request sent within one month of said expenses being incurred (the date as per postmark being considered proof), within two months of receipt of the participant’s request.

In the event of a connection paid as part of a package for a fixed term and, beyond said term, invoiced pro rata to the connection time, the expenses incurred in logging on to the website shall be refunded to the participant once it has been established that the participant has overspent on his or her package and that said package was overspent on account of connection to the website.

To obtain the refund of his or her connection expenses as well as of the postal costs of his or her refund request, the participant must send the Organizer a written request, on unheaded paper with the following information:

·      His or her last name, first names and home postal address

·      The dates, times and duration of his or her connections to the website

·      The copy of the itemized invoice of the telephone operator and/or the access provider to which he or she is contracted, showing the dates and times of his or her connection to the website.

The postal costs relating to the request to refund the connection expenses shall be refunded, upon request, based on the applicable slow mail rate.

 

Article 7: Rules of the Operation

The full rules of the competition are available free of charge on simple request at the following address: Société ZAM, 1 rue Perdonnet 75010 Paris, FRANCE.

The request must be made prior to the evening of December 31, 2018 (the date as per postmark being considered proof).

The Organizer reserves the right to extend, curtail, modify or cancel the Operation at any time, in particular, in the event of force majeure, without the participants being able to claim any compensation. The rules, amended by addendum/addenda shall be published, where applicable, on the same web page as stated at the beginning of this Article.

 

Article 8: Industrial and Intellectual Property

The reproduction, representation or exploitation of all or part of the elements of the Operation, including these rules, is strictly prohibited.

All brands, logos, texts, images, videos and other distinctive marks reproduced on the website as well as on websites which may be accessed via hypertext links, are the exclusive property of their holders and are protected by the provisions of the French Intellectual Property Code worldwide. Their unauthorized reproduction constitutes an infringement sanctioned by law.

Any unauthorized full or partial reproduction of said brands, logos and marks constitutes an infringement sanctioned by law.

Entry in this Operation entails the participants’ full and entire acceptance of these rules.

 

Article 9: Dispute and Claims

The Organizer reserves the right of final decision not subject to appeal in the event of any difficulty that might arise as to the interpretation or the application of these rules; it being understood, in particular, that the terms and conditions of the Operation, the results, the winnings or receipt thereof may not be contested one month after the end of the competition.

Save in the event of clear errors, it is agreed that the information generated by the IT systems of the Organizer and/or the Customer constitute evidence in any dispute regarding connection information and data processing relating to the competition.

Any claim must be sent to the Organizer within one month of the end of the competition. After said date, no claim shall be accepted.

Entry in the Operation entails full acceptance of these rules.

 

Article 10: Evidence Agreement

By express agreement between the participant and the Organizer, only the Organizer’s computer files and systems shall be deemed authentic.

Computer records, stored in the Organizer’s information systems under reasonable conditions of security and reliability, are deemed to constitute proof of relations and communication between the Organizer and the participant.

Accordingly, it is agreed, save for a clear error, that the Organizer may invoke, in particular, as evidence of any act, fact or oversight, programs, data, files, recordings, operations and other information (such as monitoring reports or other statements) of an IT or electronic nature, format or medium, drawn up, received or stored directly or indirectly by the Organizer, in particular, in its information systems.

The information in question thus constitutes evidence and if disclosed by the Organizer as evidence in any litigation or other proceedings, shall be admissible, valid and enforceable between the parties in the same way, in the same conditions and with the same evidential value as any document drawn up, received or stored in writing.

Operations of any kind carried out using the username or code allocated to a participant, following registration, are deemed to have been irrefutably carried out under the participant’s responsibility.

 

Article 11: Governing Law

The operation, the rules and their interpretation are governed by French law.