TERMS AND CONDITIONS FOR THE ALCATEL ONETOUCH «UNEXPECTED CASTING» COMPETITION
This competition named «The Unexpected Casting» consists in the provision of 5 selfies (which means a self-portrait photograph), by any participant, which comply with the terms and conditions (hereinafter «Terms») of this competition (hereinafter «Competition»). Provided that all conditions set forth in these Terms are fulfilled, 3 winners will be selected by a jury and will win the Prize as described under article 7 of these Terms (hereinafter «Winner»).
By entering this Competition, participants acknowledge compliance with the Terms, including all eligibility requirements, and agree to be bound by these Terms. Participants who have not complied with these Terms will be disqualified.
This Competition is not managed or endorsed in any way by Facebook (Instagram or Twitter). In any case, Facebook® (Instagram® and Twitter®) will not be liable for any claim directly or indirectly related to this Competition (»Facebook» and «Instagram» and «Twitter» are trademarks of third parties).
ARTICLE 1 - IDENTITY OF SPONSOR
The company TCT MOBILE EUROPE SAS, a limited company whose registered office is located Immeuble Le Capitole, 55 avenue des Champs Pierreux – 92000 Nanterre – FRANCE, company registered under number 440 038 222 at the NANTERRE register (hereinafter referred to as «Sponsor» or «ALCATEL ONETOUCH») is organising, from March 26th, 2014 to April 23rd 2014 (French time), a selfie Competition accessible:
- on the ALCATEL ONETOUCH page on Facebook which is available at the following address : www.facebook.com/ALCATELONETOUCH
- and on the website http://www.unexpectedcasting.com,
This Competition is named:
»UNEXPECTED CASTING»
Hereinafter referred to as the «Competition».
ARTICLE 2 – ANNOUNCEMENT OF THE COMPETITION
The Competition is announced:
- On the ALCATEL ONETOUCH Facebook pages
- On the http://www.unexpectedcasting.com/ website
- In a campaign on Facebook
- In a banner campaign on the web
ARTICLE 3 – GENERAL ACCESS CONDITIONS
The Competition is open to participants of any nationality (hereinafter referred to as the «Participant(s)»), provided that:
- they are over the age of majority in France (18) and with regard to their personal nationality and with regard to their country of residence,
- they are authorized to travel to and within the United States of America,
- they are the holder of a valid passport,
- they are not bound by any legal impediment, such as an exclusive contract with a model agency,
- and the Competition is not prohibited or restricted by law in their country of residence and, if so, the said law does not constitute a rule of international public policy.
At any time, ALCATEL ONETOUCH can request a copy of the Participants passport in order to check their age and capacity to enter the Competition.
If the Competition is not legal in a specific country due to international public policy, candidates of this country are not eligible to participate and, if they do so, their participation will be void.
Employees of the Sponsor and affiliated companies of Sponsor, their relatives, and anyone who has directly or indirectly contributed to the conception, making or management of the Competition are ineligible to take part in the Competition.
ARTICLE 4 - PARTICIPATION PROCESS
4.1 How to ente
To enter the Competition, Participants are eligible:
to participate through Facebook (which implies to comply with any Facebook terms and conditions):
- Register on Facebook, if they do not already have a Facebook account;
- Go to the ALCATEL ONETOUCH page on Facebook available at the following address: www.facebook.com/alcatelonetouch between March 26th 2014 and April 23rd 2014;
- Click on the «Surprise us now» button;
- Fill in all the mandatory fields in the form (Title, First name, Last name, date of birth, Zip code, City, Country, Username, Email, Password, phone number;
- Tick the box «I have read and accepted the Terms of the Competition and I am fully aware of the assignment of my image rights»;
- Click on the «Create my profile» button;
- Confirm the creation of the account by clicking on the link received by email;
- Click on the «Now do some selfies» button;
- Post 5 «selfies» (with at least one easily recognizable) corresponding to the 5 following thematics: »Show us your Wild side / Naughty side / Kiddo side / Geek side / Dumb side». Photographs can be downloaded from the Participants’ computer, from their Facebook account or from Instagram;
- Click on the «Yes» button to confirm the submission;
- The posted photograph will then be moderated as per 4.;
- The posted photograph can be shared by the Participants on their timeline and on Twitter® (and other Participants may also share these photographs on their own timeline).
- to participate through the http://www.unexpectedcasting.com/ website:
- Go to the website available at the following address: http://www.unexpectedcasting.com/ between March 26th 2014 to April 23rd 2014;
- Log-in through Facebook Connect (optional);
- Click on the «Surprise us now» button;
- Fill in all the mandatory fields in the form (Title, First name, Last name, date of birth, Zip code, City, Country, Username, Email, Password);
- Tick the box «I have read and accepted the Terms of the Competition and I am fully aware of the assignment of my image rights»;
- Click on the «Create my profile» button;
- Confirm the creation of the account by clicking on the link received by email;
- Click on the «Now do some selfies» button;
- Post 5 «selfies» (with at least one easily recognizable) corresponding to the 5 following thematics: »Show us your Wild side / Naughty side / Kiddo side / Geek side / Dumb side». Photographs can be downloaded from the Participants’ computer, from their Facebook account or from Instagram;
- Click on the «Yes» button to confirm the submission;
- The posted photograph will then be moderated as per 4.;
- The posted photograph can be shared by the Participants on their timeline and on Twitter® (and other Participants may also share these photographs on their own timeline).
4.3 Practical conditions for participation
Participants can only participate once in the Competition
Any entry into the Competition which is incomplete, falsified or which does not respect the Terms of the Competition exposed herein, will result in the Participant being disqualified.
Any fraud or attempted fraud in the Competition will result in the Participant being disqualified.
Once the photographs are submitted, the Participants cannot directly remove them. However, Participants can send an email at to ask for their removal.
4.4 Photograph quality
Photographs must be in a JPEG format and can be no larger than 20Mo (a resolution of 460 pixels wide by 595 pixels high is considered ideal).
4.5 Warranty
The Participants represent and warrant that the photographs posted are not:
- infringing of third parties' intellectual property rights (trademarks, copyright, etc.);
- infringing of third parties' image rights / right to privacy;
- illicit or contrary to public order;
- respect the generally accepted principles of morality or good taste;
- or otherwise violating any applicable law, rule or regulation.
4.6 Moderation process:
The selfies submitted through Facebook or through the http://www.unexpectedcasting.com website will be moderated prior to publication (this can take up to 12 hours). The Sponsor reserves the right not to validate the photographs which are not compliant with article 4.5 here above.
Any entry which does not respect these conditions will not be validated by the Sponsor and will therefore not be published.
ARTICLE 5 – ALERT PROCESS
IF YOU BELIEVE THAT PHOTOGRAPHS POSTED BY A PARTICIPANT DO NOT RESPECT YOUR RIGHTS OR ARE IN ANY OTHER WAY ILLEGAL, PLEASE CONTACT ALCATEL ONETOUCH AT THE FOLLOWING ADDRESS: UNEXPECTEDCASTING2014@GMAIL.COM
ALCATEL ONETOUCH WILL CAREFULLY LOOK AT YOUR REQUEST AND WILL PROCESS IT IN THE MOST RELEVANT WAY, IN ITS VIEW, WITH REGARD TO ITS LEGAL OBLIGATIONS UNDER FRENCH LAW.
ARTICLE 6 - DETERMINATION OF WINNERS
The Sponsor will attribute the Prizes to each one of the 3 Winners in accordance with the following process:
During the Competition, a first selection will be progressively made by the jury of the Competition, composed by members of the Sponsor’s staff and influencers, among the Participants who have posted 5 selfies corresponding to the requirements exposed by the Sponsor (Show your: Wild side / Naughty side / Kiddo side / Geek side / Dumb side), taking into account the popularity, the originality of the 5 selfies submitted by the Participants and their offbeat tone which has to be in line with the Sponsor’s brand image.
Between April 23rd and April 25th, the jury will determine, at its sole discretion, the 3 Winners among the Participants who have posted the pre-selected entries, taking into account the popularity, the originality of the 5 selfies submitted by these Participants and their offbeat tone which has to be in line with the Sponsor’s brand image.
In case the Winners selected are disqualified for any reason described in these Terms, 9 replacement Winners will also be chosen by the jury. If applicable, they will be notified according to Article 8 and will then be considered as Winners.
ARTICLE 7 – PRIZE AWARDED
7.1 Prize
Any of the 3 Prizes awarded individually to the three Participants chosen by the jury during the Competition consist in the participation to the next campaign for ALCATEL ONETOUCH Idol range which will be shot in New York, USA, during one week between May 12nd and May 19th, 2014. The Winners will participate to up to 2 Shooting days (eight hours maximum per day), at Sponsor’s expenses and against compensation as described below (hereinafter «Prize»)
Travel (economy class, and if needed visa costs) and transfer from/to airport, accommodation (hotel 4*), and daily expenses (up to 100€ per day) related to the Winner's participation to the shooting will be paid by the Sponsor. Total approx. value of the travel fees and stay in New York is 10400 euros. However, this amount may vary, notably depending on the hometown of the Winner and the cost of the airplane tickets. The Winner will not be entitled to obtain the remittance of the possible difference between the actual amount which will be paid by Sponsor for his/her stay in New York and this estimated amount.
The other personal expenses of the Winners will not be reimbursed by the Sponsor.
The Participants agree, in case they are selected, to be filmed and photographed during the shooting.
In case they are selected, the Participants agree to sign a contract with the modelling agency City Models which will cover their work days on the shooting. Under this contract they will be remunerated at the 650€/day excluding tax (hereinafter the «Model Contract»).
Moreover, in case they are selected, the Winners agree to sign a contract with the Sponsor, or his authorised representative, which will cover the transfer of their image rights, under the following conditions (which will be detailed in the Model Contract):
- Territory : worldwide
- Duration : one year
- Media: print, digital (Internet), mobile devices, digital tablet, TV, outdoor devices and Point of Sale material.
In compensation for the usages by the Sponsor of the Participant’s image under the above conditions, the Sponsor will pay the Participant the sum of 5500 euros excluding tax. Sponsor will, in no way, be obliged to exploit the assigned rights for the various media covered by the Model Contract.
This Model Contract will notably set out the details for the participation of the Winners to the shooting, and the authorization granted by the Winner concerning the use of his/her image in the next ALCATEL ONE TOUCH Idol range of the Sponsor.
A refusal to sign this Model Contract will constitute a renouncement to the Prize awarded. The conditions of the said contract are part of the conditions for the attribution of the Prize.
It will be the Winners responsibility to make the adequate declarations and payments to the tax administrations and other authorities as applicable, regarding these remunerations and to comply with any applicable law related to the payment of these sums.
The Prizes cannot be transferred, exchanged or taken back by the Sponsor, in exchange for money or not.
In case of impediment, the Sponsor reserves the right to substitute all or part of the Prize, a Prize that is at least as valuable.
7.2 Impossibility to get the Prize
A Participant will not be able to receive his Prize if:
- the particular Participant is not available for the shooting dates in New-York City;
- the particular Participant is not in a position to present a valid passport or relevant and valid travel documents (like a visa);
- the particular Participant is not allowed, by the authorities of the United States of America to enter into this country;
- the particular Participant is forbidden, in any other way, to participate to the shooting session.
In such a case, the Prize cannot be transferred, exchanged or taken back by the Sponsor, in exchange for money or not, but will be attributed to a replacement Winner.
If the Prize cannot be awarded to the first replacement Winner for one of the reasons listed above, it will be awarded to the second replacement Winner, and so on.
ARTICLE 8 - PRIZE ALLOCATION
VERY IMPORTANT : THE WINNERS WILL BE CONTACTED BY THE SPONSOR BY EMAIL FROM THE 28TH TO THE 29TH APRIL 2014 AND WILL BE REQUIRED TO RETURN AN E-MAIL OF ELIGIBILITY WITHIN FIVE (5) DAYS OF THE DATE OF NOTIFICATION; OTHERWISE, AN ALTERNATE WINNER WILL BE SELECTED.
The Sponsor will then check that the Winners effectively comply with the requirements defined in the present Terms, that they are available for the shooting of the next ALCATEL ONE TOUCH Idol campaign and that they agree with the terms of the Model Contract which will be submitted to them.
Participants who did not win any Prize will not be notified thereof.
ARTICLE 9 - ADVERTISING / AUTHORIZATION
The Sponsor will publicize this Competition on Facebook and on the http://www.unexpectedcasting.com website.
During the Competition, Participants authorize the quoting of their name and/or nickname, the publication of their Facebook profile picture and the publication of their 5 selfies submitted for the Competition, on the ALCATEL ONETOUCH Facebook pages and on the http://www.unexpectedcasting.com/ website, without any fee being paid.
This authorization is given for the whole world and for six months as from the date the photographs are posted by the Participants.
ARTICLE 10 – MISCELLANEOUS
10.1 Modification of the Competition
Sponsor reserves the right to shorten, extend, modify or terminate the Competition, notably if a force majeure event corrupts the administration of the Competition according to the present Terms, including without limitation dysfunction of the Internet (due to a virus or not), or any other problem linked to the networks, forms or services of (tele)communications, to computers (online or not), to servers, to Internet access and/or host providers, to computer equipment or software, to databases or data.
In case of a modification to the rules, cancellation, interruption of the Competition, a reduction or an extension of its length, Sponsor waives all liability and Participants will not be entitled to any compensation.
Any possible changes to these Terms will be posted on the terms and conditions page, available at the www.unexpectedcasting.com/conditions URL address.
All cases not covered by the present Terms shall be decided by the Sponsor.
10.2 Applicable law/Litigation
Participation in the Competition implies full acceptance of the present Terms.
No claim from any Participants will be accepted more than 60 days after the designation of the Winners.
The present Terms are governed by French law. Any dispute that could arise on the validity or the interpretation of these Terms shall be submitted to the competent courts in Paris, unless otherwise provided by applicable law. Prior to bringing any lawsuit against Sponsor, Participants commit to attempt to amicably resolve the dispute.
The French version of the Terms shall have priority force for settlement of the disputes.
10.3 Limitation of Sponsor’s liability
Sponsor shall not be liable for damage caused by:
(i) a malfunction of the Internet, or any computer equipment (hardware and/or software and/or databases and/or data) of a Participant or any person involved in the organization of the Competition, or more generally any other telecommunication network by any means or communication service, computers, servers, Internet access and/or host providers, computer equipment, software, databases or data failures.
(ii) anyone’s access or denial of access to the Facebook pages /web pages where the Competition is organized.
(iii) all deteriorations or viruses which may infect the Participant’s or the Sponsor’s computer equipment or other equipment.
Sponsor will not be liable for any inability of any person to enter the Competition or to get a Prize because of any unavailability of such page, failures in computer systems or networks, other malfunctions, or for any other reason.
Sponsor will not be liable for any loss of photographs or digital files and will not return any submitted photographs.
10.4 Protection of personal data
Participants agree that by entering the Competition their personal data may be stored and otherwise processed by the Sponsor for the purposes of administering the Competition.
The personal data collected in connection with the Competition are for the Sponsor and are required for the award of Prizes to the Winners for the duration of the Competition. In the absence of transmission of this information, Participants could not enter the Competition.
These data will be processed in compliance with French law.
Participants have the right to access, update and/or obtain deletion of their data by sending a request at the following address: unexpectedcasting2014@gmail.com.
10.5 Filing of the Rules with a bailiff
A copy of these terms and conditions is recorded at: ……………………………………, who are entrusted with the proper conduct of its implementation.
If you have a comment, query or complaint about these Terms or the Competition, please contact ALCATEL ONETOUCH at the following address: .
