The company named INTER PARFUMS S.A., registered under the laws of FRANCE, whose share capital totals 32 918 595 €, and whose headquarters is at 4 rond-point des Champs Elysées, 75008 PARIS, France, and whose contact e-mail address is « webmaster@roxyparfums.fr », registered at the Trade and Commerce Registry (R.C.S.) of PARIS under Nr. 350 219 382 (hereinafter the « Organising Company », the « Promoter » or the « Sponsor »)., is organising, on Monday 24th September 2007 as of 10H00 A.M. until midnight on Monday 15th October 2007 (Paris time), on the Internet Blog which is at the following address: http://www.roxyparfums.com, a free promotional competition in the form of a skill contest with no obligation to purchase entitled «Le Jardin Roxy » (The Roxy Garden) (hereinafter the « Promotional game »).
The rules governing the Promotional game are constituted herein, complemented and/or modified, if necessary, by any complementary clause coming into force when published on the Blog by the Organising Company (hereinafter, the « Rules »).
With regard to all that results from the use of the Blog, the Organising Company would remind you that the « Conditions of use » are accessible via or on the Blog. In the event of contradiction, the provisions of the Rules shall prevail over the provisions of the « Conditions of use » accessible via or on the Blog.
Important note: All persons shall have read, understood and accepted the Rules, article 9 « Personal Details » and the Conditions of Use of the Blog not just prior to getting access to the Promotional game and registering with it but also to do so. All persons shall make a safety copy and/or print the Rules, article 9 « Personal Details » and the Conditions of Use so as to be able to refer to them, if necessary. All persons shall be reputed to have read, understood and accepted, without reserve, the Rules, article 9 « Personal Details » and the Conditions of Use a of the moment they get access to and register with the Promotional game.
1.1. Participation in the Promotional game is open to all natural person of age who (i) has access to Internet and a valid personal e-mail address, (ii) is a legal resident of the United Kingdom, the Republic of Ireland or the United States of America (iii) accesses the Blog between 24th September 2007 - 10H00 A.M. and midnight of 15th October 2007, Paris time (hereinafter the « Participant »).
Despite the above, persons who are not of age may equally participate in the Promotional game, providing they have previously obtained from their parents (or guardian) authorisation to do so. Participants who are not of age may not, however, win the prize trip (described in Article 4.1) of the Promotional game. An alert message shall be displayed at the time of Participants’ registration informing them that Participants who are not of age are not eligible to be appointed winners of the trip. The Organising Company reserves the right to demand proof that one or another of the aforementioned conditions herein be fulfilled, without it, however, being bound thereto. If such proof is not provided at the request of the Organising Company, participation shall be by all rights rejected, with no responsibility falling with the Organising Company.
Access to and participation in the Promotional game shall likewise require the disposal of the following equipment:
- 1 personal computer with the following set up at least: a 1300 Mhz processor, 256 M RAM, Windows 2000 or XP operating system for PCs, and access to internet.
- 1 web navigation software (IE 6 or higher).
- Access to the Promotional game also implies the presence of Macromédia ® Flash ™ plug-in version 8.0 or higher in the user’s browser. Should the Participant not possess such plug-in and not wish to download it, they shall not get access to the Promotional game, it being specified that this plug-in may nevertheless be downloaded free of charge from the Macromédia website to which access may be gained via a direct link to the Site. (Macromédia ® and Flash ™ are trademarks or registered marks by Macromedia, Inc. in the United States and/or another country).
1.2. In the event of multiple or successive entries by one same person, notably due to the use of several e-mail addresses by one person, all registration forms shall be rejected and considered void.
1.3. Access to the Promotional game is forbidden for corporate officers and employees of the Organising Company and all companies controlled by, controlled with, or controlling the Organising Company and all persons who may have collaborated or collaborating in the organisation of the Promotional game.
2.1. The promotional game is accessible to all natural persons (though it is stated that persons who are not of age shall participate under the responsibility and with the authorisation of those persons holding parental authority and that they cannot be appointed winners of the winning trip of the Promotional game, this rule being made clear to them by means of a message that appears at the time of registration), barring members of the staff of the organising company or family members (spouse and children), including concubines and, in general, all persons who may have participated in the direct or indirect elaboration of the promotional game.
In order to participate, Participants shall have satisfied or shall satisfy, if necessary, the following terms of participation:
- go to the Blog which is accessible at the following address: http:// www.roxyparfums.com – read and understand the Rules, the Conditions of Use as well as article 9 "Personal Details" accessible on the Blog.
- fill in the registration form which is accessible on the Blog and validate their registration checking the box accepting the Rules. Throughout the period of the Promotional game, the valid information shall be that which is recorded on the server devoted to the Promotional game.
- play the available promotional game via or on the Blog, having indicated their surname, first name and e-mail address. In order to play the promotional game, the Participant must choose to compose his or her Roxy Team (up to three people) then tend daily to their garden during the stage of the promotional game (15 days). The player shall dispose of two types of points: daily and temporary points as well as permanent action points.
2.2. Participation in the Promotional game shall take place exclusively by electronic means on the Blog. All participation in the Promotional game by letter or in any other form than the registration form proposed by the Organising Company shall be excluded.
2.3. Participation in the Promotional game shall not be valid unless the information required by the Organising Company has all been provided on the promotional game form. In consequence, promotional game forms that are incomplete, contain errors, mutilated or falsified forms shall not be taken into consideration and the Participant having sent incorrect information via the promotional game participation shall by full right be deprived of all rights to obtain any winning prize whatsoever.
3.1. Within one month as from the end of the promotional game and no later than 8th November 2007, a jury, made up of independent qualified judges composed of representatives of the Company Inter Parfums S.A. (judges are members of the Sponsor’s marketing team), shall appoint the 3 most beautiful gardens which will then be subjected to voting by Internet users, on the basis of the following criteria: number and variety of plants, decorative elements (furniture, accessories), originality and the aestheticism of the composition, the upkeep of the garden (weeding, cleaning, irrigation), harmony with the spirit of the ROXY brand and its universe. Odds of winning the prize in this skill contest will depend on the application of judging criteria referred to in the present paragraph to the eligible entries received.
Thus, the participant or team, having registered the highest number of votes will be eligible and may win the prize. The Competition game has one single round.
In the event of a draw between several participants or teams, the score to have been registered first shall then be considered superior in order to decide between players.
3.2. Within one month as from the time the winning Participant is known, the winner or the winning team shall be notified no later than 8th December 2007 by e-mail at the address provided on the Promotional game entry form and shall have to provide such information as to allow the Organising Company to organise the awarding of the prize. The winner shall fill in and send their surname, first name, proof of age, full postal address and telephone number as well as the surname, first name, proof of age, full postal address and telephone number of team members or if necessary, if the player participates alone, two people who will accompany them (that is a total of 3 people nominated).
Winner list will be available after this date, by e-mail request sent to: webmaster@roxyparfums.fr
You are reminded that persons who are not of age participating cannot be appointed winners. In accordance with article 1.1 herein, in the event that proof of age sent by the winner were to reveal that the latter is not of age (or in the event that the winner were to refrain from providing proof of age), their participation would be considered null and the Participant would lose all rights to any prize, with no liability falling with the Organising Company. In any case, all those appointed to take part in the trip awarded to the winning team may only consist of people who have come of age. Mails that receive no reply in a period of 10 days as of the date of sending shall mean that winners will lose their prize.
3.3. The Winners’ prize may neither be exchanged, taken back, converted into money or cash or another prize. Nevertheless, the Organising Company reserves the right to replace the prize on offer with a replacement prize of equivalent nature and/or value. The Winner or the winning team shall renounce any claims against the Organising Company for any damages resulting from any prejudice caused at the time of transporting the prize, or any prejudice linked to the quality, the state of the prize, its acceptation and/or utilisation accordingly. Notwithstanding the above, any guarantee the manufacturer may grant will, insofar as is possible, be transferred by the Organising Company to the Winner of the winning team.
3.4. By participating and accepting the prize, the Winner or the winning team expressly authorise, graciously, the possible recording of their voice, their image, at the request of the Organising Company, for the promotion of the Organising Company and other companies of the group, their activities and their services. The Winner may be requested to take part in publicity. Likewise, the Winner or the winning team expressly authorise, graciously, all and any subsequent reproduction, utilisation and (re)diffusion by the Organising Company and/or its beneficiaries, for two (2) years, and throughout the world, of their name, their image and/or their voice, in any form and on any medium, notably paper, audiovisual, numerical and, more generally, in any service, means or network of communication to the public by electronic means. As and whenever necessary, the Winner or the winning team authorise accept to repeat in writing, graciously, this agreement at the request of the Organising Company or beneficiaries, in accordance with the form that will be sent to them to this effect.
3.5. Awarding of points: temporary points shall be distributed daily to each player (in a team or alone) and shall be spent during the day since they will be withdrawn at the end of the day. In the case of teams, the points shall not accrue among players and shall be spent individually by the player.
The action points will be collected following sending a mail to friends and their participation. The player will be credited with action points once their friends have clicked on the link which appears in the e-mail referring to the ROXYPARFUMS blog. The action points may be spent at any time of the promotional game. Accrued points will allow players to perform some gardening action, buy plants as well as decorative elements with the aim of making the prettiest garden.
4.1. Description of the prizes:
This promotional game has a single prize which will be awarded at the end of the promotional game to the team or player receiving the highest number of votes. This prize consists of:
- A three days trip for three people for the « Roxy Jam » event which will take place in Biarritz, France, in July 2008 (dates to be confirmed). Expenses covered by the Organising Company include, for three people: travel to Biarritz (France), taxi from the station/airport to the hotel, two nights at a 4-star hotel and participation in the activities planned by the Organising Company, notably access to the events of « Roxy Jam 2008 ».
Estimated commercial value of the prize (tax inclusive): 5000 EUR
(Equivalent 7046 USD / equivalent 3501 GBP, change rate at the time of the drafting of the present rules). Note: Commercial value of the prize may vary due to evolution of travel and hotel costs at the time of booking of travel and hotel (Spring 2008) ).
In order to receive the prize, the Winner or the winning team must fill in a form which will be sent to them by e-mail on which they will include their surname, first name, proof of being of legal age of all participants on the trip, their telephone number and full postal address so that the prize may be sent.
Forms filled in imprecisely and/or incompletely with regard to the above information shall not be considered and shall entail the worthlessness of the participant’s registration form.
5.1. The Organising Company reserves the right to shorten, extend, modify or cancel the Promotional game in the event of a force majeure rendering it impossible to carry out the Promotional game in accordance with the provisions of the Rules and, notably, in the event of a malfunction of the Internet network (due to a virus or not) or any other problem linked to the network, means, and services of (tele)communications, computers (on line or not), servers, Internet access and/or hosting providers, computer equipment or software, databases and data.
5.2. In the event that such cancellation, modification, extension or reduction of the duration of the Promotional game should occur, the Organising Company undertakes to notify Participants by e-mail and/or by publication on the Blog (at its choice) and, if necessary, inform them as to the new rules applicable or the new date of termination of the Promotional game. Acceptance of possible new conditions of the Rules shall be previously confirmed by each Participant, by sending an e-mail, failure to do so resulting in exclusion from participation in the Promotional game, which is expressly accepted by participants.
5.3. In the event of modifications to the conditions of the Promotional game, of cancellation, interruption or reduction in the duration of the Promotional game, the Organising Company shall not assume any liability and Participants shall not expect to receive any damages, which they accept.
The Organising Company shall not be liable for any damages, whether direct or indirect, whichever their cause, origin, nature or consequences, even when it may have been advised as to the possibility of such damages, brought about by:
(i) a malfunction of the Internet network or computer equipment (material and/or software and/or databases and/or data) of a Participant (including deriving from the use of browsers other than those described in article 1 herein, or the use of the Macromédia ® Flash ™ plug-in required for the needs of the Promotional game) or any person or company linked to the organisation of the Promotional game or, more generally, any other problem linked to the network, (tele)communications means and services, computers (on line or not), servers, Internet access and/or hosting providers, computer equipment or software, databases and data pertaining to whoever;
(ii) access by whoever to the Blog or the impossibility to gain access thereto;
(iii) the use or the impossibility to use the Blog, including all deterioration or virus that may infect the Participant and/or the Organising Company’s computer equipment or any other good; or
(iv) transport, from the accommodation or any other service or means pertaining to any travelling involved in the first prize as defined in article 4 herein and/or the organisation thereof.
In any case, in the cases in which the liability of the Organising Company should be established, it shall not exceed, for the sum of reparable damages and per Participant, the amount of the cost of participation as defined in article 7.
The “Le Jardin Roxy” Promotional game is free, with no purchase necessary.
Participants may demand reimbursement for their participation in the Promotional game, limited to a single reimbursement for the whole duration of this Promotional game, under the following conditions:
Connection fees incurred for participation in the Promotional game, estimated on an inclusive basis at 1 EURO (equivalent 1.40 USD / equivalent 0.70 GBP, change rate at the time of the drafting of the present rules), based on the cost of a local telephone call according to tariff valid at the time of the drafting of the present regulations, shall be reimbursed to participants.
As an exception to the above stipulations, observing that in the current state of service and technology supplies, certain Internet providers offer free connection or flat rate connection to internet users, it is expressly agreed that all access to the Site carried out free of charge or at a flat rate (such as cable connection, ADSL or specialised data links) shall not give rise to any reimbursement, to the extent that subscription to the access provider is in this case contracted by the internet user for their use of Internet in general and the fact that the participant connects to the Site and participates in the promotional game does not involve any supplementary cost or outlay.
In order to receive reimbursement for the connection fees, the participant must apply in writing to the company INTER PARFUMS – Promotional game Jardin ROXY, 4 rond-point des Champs-Élysées, 75008 PARIS, FRANCE (second class stamp reimbursed when legally applicable upon request) attaching the proof that the Participant has not had access to such a free or flat rate connection (for example the detailed phone bill stating the telephone number used for Internet connection for the duration of the Promotional game).
In the event of dispute or claims for any reason whatsoever, claims shall be addressed in writing to the attention of the Organising Company within 30 (thirty) days after the winner has been appointed and within seven (7) days after receipt of confirmation of the prize regarding all dispute or claims relative to the latter, subject to the provisions of article 3.4 herein. All disputes or claims concerning the prize shall be conveyed by the Organising Company to the agency organising the trip.
Each Participant undertakes, in the event of any difficulty that may arise with regard to the application or the interpretation of the Rules, to reach a friendly agreement with the Organising Company prior to taking any legal action against the latter.
The Rules are subject to French law.
The collecting and processing of data of personal nature by the Organising Company comply with relevant regulations and laws in France and the European Union, and in particular with French law n°78-17 of 6 January, 1978 titled "Informatique et Libertés" – IT and Personal Freedom – last amended by law n° 2004-801 of 6 August 2004. The Participant is informed that some information provided such as that of the participation form is compulsory (necessary to the Promotional game) and that failure to reply to these questions by the Participant will forbid them from any participation in the Promotional game. By entering the Promotional game, each Participant consents to the collection of personal information regarding him or her, and consents to the use of such personal information solely for the purposes of administering the Promotional game.
The collection and processing of data of a personal nature concerning all Players and all Participants by the Organising Company shall be carried out in accordance with the provisions of the «Personal Details» Policy which maybe accessed via or on the Blog. The first purpose of the collection of these data is to ensure the correct functioning of the promotional game and, in particular, to contact the Winners and send them their prize and publish the list thereof, if necessary. Likewise, the purpose is that described in article 3.5. herein.
All Players and all Participants are informed that all or part of these data shall be liable to be transferred and/or processed in France or another European country, which the Participant expressly accepts, such processing taking place in compliance with the « Personal Details » Policy.
In addition, all Players and all Participants have the right to get access to, modify, add to, update, block and erase data concerning them. These rights may be exercised directly by sending an e-mail to: webmaster@roxyparfums.fr . Participant’s personal information may be removed from Sponsor’s list on Participant’s request, sent to the same e-mail address.
The Organising Company will use its best efforts and all reasonable means in order to safeguard the collected data. Please note that, although no system of technology is completely infallible, the Organising Company has endeavoured to take appropriate measures to prevent risks of unauthorised access to or improper use of Participant’s personal data.
The Organising Company may, notably for the purposes of proof of any act, fact or omission, make use of programmes, data, files, recordings, operations and other elements of a computerised or electronic nature, format or medium, established, received or stored directly or indirectly by the Organising Company or by the Participants, barring abuse or manifest error. Participants undertake not to contest the admissibility, the validity or the evidential value of the elements aforementioned of a computerised or electronic nature or medium, on the basis of any legal provision of any kind and which may specify that certain documents must be written or signed by the parties in order to constitute proof. Also, elements considered constitute proof and, if produced as means of proof by the Organising Company in any contentious procedure or other, they are acceptable, valid and opposable between the parties in the same way, in the same conditions and with the same evidential value as any document which may be established, received or stored in writing.
These rules are deposited with the registered office of the Organising Company and are available on the Blog at «www. www.roxyparfums.com». A copy of the Rules of the Promotional game may be obtained free of charge by writing to the Organising Company (at the address: INTER PARFUMS S.A. – Jeu JARDIN ROXY, 4 rond-point des Champs-Élysées, 75008 PARIS, France), within the limit of one (1) set of rules per Participant (second class stamp reimbursed when legally applicable upon request).
The request shall mention the title of the Promotional game as well as the surname, first name and address of the person requesting the rules.
Some people are susceptible to epileptic fits or loss of consciousness when exposed to certain types of flashing lights or frequent elements in our daily environment. These people may suffer fits when they watch certain televised images or when they play certain video games. These phenomena may occur even when the subject has no pervious medical history or has never before suffered an epileptic fit.
If you have already presented symptoms linked to epilepsy (fit or loss of consciousness) in the presence of light stimuli, please seek attention from your doctor prior to use.
In any case, please respect the following rules when using a video game:
- avoid playing of you are tired or lack sleep;
- make sure you play in a well lit room;
- when using, take ten to fifteen minute breaks every hour.