Article 1 What is the «Forage quality contest»?

Transcription

1 TERMS AND CONDITIONS OF THE «FORAGE QUALITY CONTEST» Article 1 What is the «Forage quality contest»? The company KUHN S.A. with a capital of million EUR, registered in the Companies Registration Office of Saverne, registration number : , head office: 4, Impasse des Fabriques BP F SAVERNE CEDEX (hereafter named the Organizer ), is organizing a free entry contest with no obligation to buy, and a prize draw, called «Forage quality contest» (hereafter named «Contest») governed in accordance with the present terms and conditions (hereafter named «Terms and Conditions»). The contest will be hosted on a dedicated page of the KUHN Germany Website ( and on another dedicated page of the KUHN United Kingdom Website ( hereafter named «Websites». These pages will be accessible for the duration of the Contest to anyone living in Germany, Austria, the United Kingdom and Switzerland. The Websites will host the texts and photos submitted for the Contest. Participants (hereafter named «Participants») must fill in an entry form (hereafter named «Form») online on the Websites and upload photos and texts. After validation of the uploaded contents and personal details by the Organizer, Participants are appointed winners of the Contest (hereafter named «Winners») subject to a limit of 50 Winners for each country involved (see article 2.2). A prize draw is then carried out among the Winners to appoint the beneficiary (hereafter named «Victor») of a trip to the Organizer s head office in Saverne with factory tour and sightseeing weekend in Strasbourg (hereafter named «Grand prix»). The prizes awarded to the Winners are gifts (hereafter named «Gifts»). The Terms and Conditions govern the Contest and relations between Participants and Organizer. They settle any dispute that may result from the Contest. The Form and the prize draw are governed by the Terms and Conditions. Article 2 Participation terms The Participant acknowledges having been informed of and fully accepts the Terms and Conditions, notably the participation terms as well as the transfer of rights that it includes (articles 2 and 4). Failure to comply with the Terms and Conditions results in the automatic exclusion of the Participant and cancellation of any prize. 1

2 2.1 Free competition with no obligation to buy The Contest is a competition with no obligation to buy. Consequently, the Participant can make a request to the Organizer, by post, for reimbursement of connection costs incurred for their participation in the Contest. Costs incurred for the reimbursement request can also be reimbursed if requested. Thus the Participant can request reimbursement for the stamp used on the reimbursement request letter. Cost reimbursement terms are in article 6 of these Terms and Conditions. 2.2 Who can enter the Contest? The Contest is open to anybody of full age (at the start date of the Contest), with an internet connection, after accepting the Terms and Conditions of participation according to the Data Protection Act (law n of 6 January 1978). The Contest is only open to people living in the following countries: Germany, Austria, United Kingdom and Switzerland. This Contest is not open to people living in metropolitan France or overseas territories. Only one entry per person (same name, same postal address and address) can be accepted for the duration of the Contest. 2.3 The Organizer may check personal details In order to ensure that the above entry terms are respected, the Organizer reserves the right to verify personal details given by the Participant. If after verification, any false declaration is found (especially one that allows the Participant to enter the Contest more than once) the Participant will be automatically disqualified with no claim to a Gift. In the same way, any Participant who has not fully completed their personal details or has done so incorrectly or falsely will be disqualified. Any person refusing the collection, the recording or use of their personal details requested by the Organizer cannot enter the Contest, the processing of the above stated details being necessary to the Contest. 2.4 Photo and text entry terms Participants photos and texts must be in accordance with the objective conditions to which they are subject for the Contest, defined in article 4.4 of the Terms and Conditions. Photos and texts submitted for the Contest will be managed by the staff of KUHN S.A. Article 3 Contest dates a) Contest start date : at 0h00 b) Online Form entry deadline : at 23h59 c) KUHN S.A. undertakes to process the contents submitted for the Contest as quickly as possible. However, due to technical constraints, KUHN S.A. is unable to process contents 2

3 submitted for the Contest in under 3 (three) weeks. d) Winner list and Victor publication : e) Deadline for Entry cost reimbursement and request letter cost reimbursement: 1 (one) month after receipt (by the Participant) of the invoice from the service provider (date shown on the above mentioned invoice). The Organizer reserves the right to modify the above mentioned Contest dates. The Participant cannot hold the Organizer responsible for any modification in the dates of the Contest. Article 4 Entry terms The Organizer reserves the right to moderate a posteriori, refuse to validate, even exclude or remove from the Contest, any Participant, photo or text that is not in compliance with the Terms and Conditions. An excluded Participant loses any gain from the Contest. The Organizer cannot be held responsible in case of rejection of an incomplete, incorrect or false entry. The Organizer cannot be held accountable for poor reception or non-reception of entries and contents submitted to the Contest electronically that are the result of the Participant s Website host and/or internet service provider fault and/or any force majeure. The Organizer cannot be held responsible for problems with Gift delivery by the postal service or for any other technical anomaly or failure resulting from the Participant s system. The Organizer cannot be held accountable for any possible harm that may be caused as a result of a person who is eligible to enter not being able to enter for any of the above mentioned reasons. 4.1 The first step is to fill in personal details on the Form To enter the Contest, the Participant must first register by filling out the Form in full. Any incomplete, incorrect, false or fraudulent registration will not be taken into account and the Participant will not be able to take part in the Contest or will lose any prize gained. Any Participant who refuses the collection of their personal details, the recording or use of those details requested by the Organizer cannot enter the Contest, the processing of the above stated details being necessary to the Contest. Concerning data collection of Participants personal details from the Form, article 32 I of the Act of 6 January 1978 provides that: «Except if advance notification has been given by the staff member responsible for processing the data or a staff member representing them, the person whose personal data is collected is informed of: 1 The identity of the staff member responsible for processing the data, or where relevant, the staff member representing them; 2 The purpose of the intended data processing; 3 Whether or not the answers are obligatory; [ ] 6 Rights concerning provisions in section 2;» 3

4 The Organizer reserves the right to verify personal details submitted for the Contest (article 2.3 of Terms and Conditions). Participants receive their prizes at the address indicated on the Form. 4.2 The following steps must be complied with: In order for the entry to be validated by the Organizer, seven steps must necessarily be followed. The Participant must: a) Log on to the homepage of or b) Click on the banner «Forage Quality Contest» c) Click on the tab «Enter» d) Fill in the Form e) Attach 3 photos (in compliance with rules on number and size of photos) f) Answer the questions g) Click on «Send» The Participant will receive an notifying them of online release or rejection. 4.3 What could I be liable for? Résumé of articles and 4.3.2: - The Participant must have ownership of IP Rights of the texts and photos submitted to the Contest. This condition is fulfilled if the Participant is the author. - The Participant must obtain the agreement of any person in the photos. - If the photos and texts were not created by the Participant, they are not protected by copyright laws so the Participant cannot file a complaint for exploitation of their work. - In case of court action brought against the Organizer, the Organizer can request that the court action be brought against the Participant instead if they did not follow the rules mentioned below and copyright laws in general. - Winners tacitly attribute ownership of texts and photos submitted to the Contest to the Organizer. - The Organizer can modify texts and photos in as far as it is not prejudicial to the author s work. - The Organizer must cite the Participant if they use their texts and photos. - The Participant is advised not to submit photos of underage people. The Participant should read the following articles in the Terms and Conditions. The purpose of the résumé is to simplify understanding. 4

5 4.3.1 I must own the copyright of the texts and photos that I submit to the Contest The Participant must be the author of the photos and texts that they submit to the Contest or must own the copyright. Thus, the Participant guarantees the Organizer for any dispute relating to copyright on the aforementioned texts and photos. If the Organizer is accused of violating copyright laws of the photos and texts submitted to the Contest, they will make a liability claim against the Participant concerned (third party). Participants guarantee that the photos and texts submitted are originals (the full or partial reproduction of existing works is prohibited), that they are the sole holders of the copyright of these works and that they have the agreement of any person that can be recognized in them. If the photos and texts submitted are not originals, they are not protected by copyright laws and the Participant cannot accuse the Organizer of exploiting the aforementioned rights. This article must not be understood as limiting the Participant s responsibility to that relating to the Organizer. The Participant is reminded that they are fully responsible (individual legal responsibility principle) notably in criminal law I transfer part of my copyright to the Organizer Submitting texts and photos to the Organizer implies tacit Participant agreement of copyright transfer conditions, the effects of which they accept in full awareness. Copyright referred to in the terms and Conditions are automatically transferred to the Organizer as soon as the works are put online after validation. Any contents that do not fulfill the Contest s validity conditions will not be published and so will not be affected by automatic copyright transfer to the Organizer. The contents submitted will in this case remain the sole property of the Participant who is liable in case of copyright violation. Property rights are transferred free of charge, with the right of reproduction, representation, exhibition, and use, for illustration, edition and promotional purposes. Transferred photo and text rights concern all media, notably virtual, including the Organizer s internet Websites and other sites affiliated to the KUHN network, which applies worldwide with no geographic boundaries, for the full duration of the legal protection. Moral rights held by Participants over photos and texts submitted to the Contest are partially renounced to allow the Organizer to use the aforementioned texts and photos without prejudice to the prohibition laid out in article L of the IP Code. The Terms and Conditions in no way constitute a convention abdicative of moral rights but must be understood as containing a partial renunciation clause to the Participant s moral rights, that the Participant partially transfers free of charge. In this way disclosure rights, withdrawal rights, the right to rescind, the respect of Participant authors of the photos and texts submitted to the Contest, are partial. Rights of respect towards the works submitted to the Contest are partial, to allow for modification for purposes mentioned above. Participants remain the sole holders of authorship rights concerning the works submitted to the Contest. The Organizer must mention the name of the winner when they use the texts or photos. Transferred moral rights on the contents submitted to the Contest cover all media, including virtual, especially the Organizer s internet Websites and other sites affiliated to the KUHN network, which 5

6 applies worldwide, with no geographic boundaries, for the duration of the copyright of the aforementioned texts and photos. As a consequence of this, the Organizer undertakes to not prejudice to the aforementioned rights that could lead to misinterpretation of the works submitted to the Contest, notably in case of modification of them. The Participant undertakes not to make claims, complaints or take actions against the Organizer that any third party may make relating to the transfer of property and moral rights, and more broadly speaking relating to any guarantees and commitments made by Participants themselves. With respect to child protection, it is recommended to avoid using photos of underage people; the author is responsible for this. Participants can submit photos of their own children provided that they have full parental authority of them. In case of photos of underage people that Participants do not have parental authority over, the sending of those photos to one of the Websites by the Participant must be taken as guarantee of prior agreement procurement of both parents of the underage person concerned, to use the photo in compliance with the Contest (agreement for representation, exhibition, and use). 4.4 What are the conditions to respect concerning texts and photos that I submit? No subjective assessment of the photos and texts submitted will be made. Photos and texts sent to the Organizer will be subjected to objective conditions of validity. Résumé of articles and 4.4.2: - The texts and photos are not assessed by the Organizer according to artistic criteria. - The photos must be no bigger than 5 MB each. There must be 3 (three) photos. Avoid out of focus or low resolution photos. - The text must be grammatically correct with correct spelling according to the language in which they are written. - The package consisting of texts and photos must respond appropriately to the questions on the Form and allow for identification of the Participant and their farm. The Participant should read the following articles in the Terms and Conditions. The purpose of the résumé is to simplify understanding No subjective assessment of the photos and texts submitted to the Contest «Subjective assessment» refers to the analysis of artistic qualities of the texts and photos. The condition of no subjective assessment does not prohibit original texts and photos because it applies without prejudice to the legal provisions relating to copyright Objective assessment of photos and texts submitted to the Contest The objective conditions of validity of the texts and photos submitted to the Contest relate to the size and number of photos, the respect of written rules (grammar and spelling), as well as appropriate contents relating to the questions asked. Photos must be no bigger than 5 MB and there must be 3 (three) of them. With a view to future use, 6

7 Participants are recommended not to use blurred or low resolution photos. The texts sent must answer the questions on the Form and enable the Participant and their farm to be identified. Winners are selected objectively, the hazard being in the Participant s capacity to answer the questions adequately as well as the conditions relating to size and number of photos. Accepting the Terms and Conditions implies accepting its assessment conditions and refusal of any contestation concerning them. The Organizer s assessment of the photos and texts submitted by the Participant will be subject to no contestation or action by the Participant. Article 5 How will I know that I ve won? The Winners will be named after verification of their eligibility in the Contest and the conformity of texts and photos to the conditions in the Terms and Conditions. Participants named as Winners will be contacted by by the Organizer. Article 6 Supplementary prize draw for one or several Victors among the Winners A prize draw carried out at the same time as the designation of the Winners will designate a Contest Victor (see article 3). The Victor wins the Grand prix (see article 8.2) in addition to the Winner s Gift. The Victor will be notified of the draw by . A variable number of Victors is possible depending on the number of entries into the Contest. The number of Participants cannot be forecast by KUHN S.A. so neither can the number of Victors. However many Participants there are, the Organizer undertakes to draw at least one Victor. Article 7 What do I do to get reimbursed for my participation costs? Reimbursement requests for participation costs and reimbursement request costs are made by post to the Marketing Department of the Organizer at the following address: KUHN S.A., Forage Quality Contest, 4 Impasse des Fabriques, BP 50060, F Saverne CEDEX. Participants must write their name, postal and address legibly, and attach their bank details with a copy of the invoice to be reimbursed, clearly highlighting dates and times of connection. Participants who do not pay connection fees due to their type of internet subscription (unlimited subscription, broadband etc.) cannot obtain reimbursement. Only Participants that are invoiced for length of connection (PSTN modem connection) can request reimbursement. Connection costs are reimbursed on a flat-rate basis calculated on an average connection length of 20 (twenty) minutes regardless of the country or internet service provider. The cost of reimbursement request by post is reimbursed on the basis of the minimum French tariff. One single reimbursement request per Participant is accepted (same name, same address). Incomplete requests will not be taken into account. No request for reimbursement will be accepted later than 1 (one) month after the Participant 7

8 receives the invoice from their internet service provider, as per the date on the invoice. No reimbursement of participation costs will be made in case of non-compliance to the Terms and Conditions by the Participant. Article 8 Gift By accepting their prizes, Winners and the Victor authorize the Organizer to use their contact details freely and free of charge (surname and postal address) as well as information on their farms from the Form, for promotional purposes, illustrations and editorial, on the KUHN Group network and affiliated sites as well as for any medium in any country. If necessary, the Organizer reserves the right to replace the Gifts and the Grand prix envisaged in the Terms and Conditions by another prize of the same or superior worth. The Winners and the Victor cannot request other compensation. This right can be exercised without notice. Gifts and the Grand prix will not be awarded in case of non-compliance by the Participant to the Terms and Conditions. 8.1 How to obtain a prize The Winners are the first 50 Participants from each country mentioned in article 2.2 whose texts and photos fill the conditions of the Terms and Conditions, provided that they respect the conditions of participation and eligibility set out in the Terms and Conditions. One single Gift is awarded per Winner (same name, same postal and address). If the details given by the Participant are incomplete, wrong and/or don t enable the Organizer to inform them of their prize, they lose their prize with no right for complaint because the aforementioned information given by the Participant is their full responsibility. However, the Participant has 30 (thirty) days after being informed of the win by to contact the Organizer and give them the correct details. 8.2 What can I win? Runners up All Winners receive the same Gift: a) Each Winner named by the Organizer receives a miniature from the KUHN Shop catalogue worth at least 25 incl. of VAT. b) Each Winner named by the Organizer benefits from the publication of their photos and texts on the Website where they uploaded them (page «Your stories») as well as possible use by the KUHN Group for illustrations, edition, and promotional purposes (especially advertising campaigns and social networks). There are a total of 200 miniatures for the first 50 Participants (Winners) of each country concerned who supply valid texts and photos. 1 st prize (Grand prix) A prize draw is held for the Winners to pick the Victor who will receive the Grand prix in addition to the Gift that they will have received as Winner : 8

9 a) A tour in December 2014 of the KUHN Group factories in Saverne (4, Impasse des Fabriques BP F SAVERNE CEDEX) and Monswiller (Parc de la Faisanderie, Monswiller). The Organizer will take care of transport costs and organization. Transport costs vary depending on the Victor s country of origin so cannot be mentioned in these Terms and Conditions. Any other expenses incurred by the Victor during the stay or the transport, notably personal expenses, are at their own expense. b) A sightseeing weekend for 2 (hotel, meals and excursions included) in Strasbourg in December 2014 worth at least 400 incl. of VAT. The Gifts and the Grand prix cannot be exchanged for anything else of any value. They cannot be reimbursed partially or in full or be the cause of complaint. Article 9 What personal details are collected? (Data processing of personal details) In order to enter the Contest, Participants have to give certain personal details. This data (name, postal and address, phone numbers) is collected by the Organizer, recorded and saved on the Organizer s internal providers in Saverne and is obligatory and necessary for Contest participation processing. In accordance with current regulations, the information collected is exclusively destined for the Organizer; it is neither sold nor transferred to a third party in the KUHN Group. Collected data is not used or saved after the Contest is over or after the prizes have been received, except if the Participant has agreed to commercial contact by the Organizer at a later date. In such a case, the use at a later date of the data is subject to the Participant s prior agreement that the Organizer receives via the Form. Each participant has, under the Data Protection Act, the right of access, rectification and suppression of any information concerning themselves as well as a right of refusing the use of their personal data. These rights can be exercised in person or by writing to the following address: KUHN S.A., Forage Quality Contest, 4 Impasse des Fabriques, BP 50060, F Saverne CEDEX Any written request should be addressed to the Organizer, signed by the Participant, with a copy of their passport or identity card showing the Participant s signature and the address for the Organizers reply. If the Participant makes the request in person, they must show proof of identity. The Organizer has the right to ignore any abusive request from the Participant. For Participants resident in Switzerland: the data collected may be transferred to another country than that of the Participant, and notably a country outside the EU. The recipient remains the company KUHN S.A., established in France. Article 10 Can I be excluded from the Contest? Participating in the Contest implies full acceptance by the Participant of the terms set out in the Terms and Conditions with no reservation or precondition. The non-compliance with the Terms and Conditions leads to exclusion from the Contest (invalid participation with loss of prize). 9

10 Any fraud or attempted fraud of the Terms and Conditions leads to exclusion from the Contest and loss of prize if applicable. Article 11 How do I obtain the Terms and Conditions of the Contest? The Terms and Conditions have been filed with Bernard DEISS and Vincent DEISS (SCP) 4 rue des Dragons SAVERNE. Pursuant to article L of the Consumer Code, the Terms and Conditions can be address to anyone free of charge on request to the Organizer (KUHN S.A., Forage Quality Contest, 4 Impasse des Fabriques, BP 50060, F Saverne CEDEX). They can be consulted freely on the «Terms and Conditions» Page of the Websites for the duration of the Contest. They are also published on the French National Chamber of Judicial Officers Website ( and on the office Website of Bernard DEISS and Vincent DEISS (SCP) ( Article 12 Application of French law These Terms and Conditions are governed, interpreted and applied according to French law (the principle of freedom and choice established in article 3 of community regulation 593/2008 of 17 June 2008 called «Rome I Regulation»). The terms and Conditions can be divided up. If part of the Terms and Conditions does not apply, the rest of the Terms and Conditions remain valid. In order to be taken into account, any contestations relating to the Contest must be written to the Organizer s address within 1 (one) month after the Contest participation deadline. In case of persistent disagreement arising from the Contest, the Saverne court shall have exclusive jurisdiction. The Participant acknowledges being aware of these Terms and Conditions and fully agrees to be bound by them. Article 13 Contacts Organizer: KUHN S.A. 4, Impasse des Fabriques BP F SAVERNE CEDEX, Companies Registration Office of Saverne, registration number: Reimbursement of participation costs: KUHN S.A., Forage Quality Contest, 4 Impasse des Fabriques, BP 50060, F Saverne CEDEX To exercise access rights, rectification and suppression of personal data: KUHN S.A., Forage Quality Contest, 4 Impasse des Fabriques, BP 50060, F Saverne CEDEX Terms and Conditions filed: DEISS (SCP) 4 rue des Dragons SAVERNE ( French National Chamber of Judicial Officers ( page «Terms and Conditions» accessible on the Websites. These Terms and Conditions have been translated into English and German. The original Terms and Conditions are in French and have been filed as such. 10