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CONTEST'RULES'OF'THE'WIN'A'TRIP'TO'DC'AREA'43'GAME'
Article 1
NA PALI, a simplified joint stock company with a capital of 13.545.100,00 €, registered with
the Bayonne trade register (RCS) under number 331 377.036, and with its head office at 162
rue Belharra, in Saint Jean de Luz, France (hereafter referred to as the “Organising
Company”), is holding a free contest with no purchase necessary on the Facebook page
dedicated to DC, http://www.facebook.com/DC.area43 from the 8th of February to the 12
th
of
March 2012.
Article 2
This contest is open to all physical persons residing in the principality of Andorra, Austria,
Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxemburg, Monaco,
the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, the United Kingdom,
Bosnia, Bulgaria, Croatia, Cypress (Greece), the Czech Republic, Estonia, Hungary, Iceland,
Latvia, Liechtenstein, Lithuania, Macedonia (Yugoslavian Republic), Malta, Poland,
Romania, Russia, San Marino, Slovakia, Slovenia, Ukraine, Yugoslavia (including Serbia,
Kosovo and Montenegro), Algeria, Benin, Burkina Faso, Canary Islands, Cote d’Ivoire,
Guinea, Mauritania, Morocco, Niger, Senegal, Sudan, Tunisia, Albania, Bahrain, Belarus,
Cameron, Congo, Djibouti, Egypt, French Guiana, Gabon, Guadeloupe, Israel, Jordan,
Kuwait, Latvia, Lebanon, Madagascar, Martinique, Mayotte, Moldova, New Caledonia,
Oman, Qatar, Saudi Arabia, United Arab Emirates, Yemen, except employees (and their
family members) of NA PALI, its subsidiaries, Roxy shops and any company that has been
involved in the concept of this contest.
Article 3
To take part in the game, each participant must log onto the website
http://www.facebook.com/DC.area43 to complete the entry form with the information
required before March 12th 2012 included until midnight French time;
Each contestant (same name, same address) may submit only one entry to the Contest. If a
contestant submits multiple entries, only the first entry received by the Organising Company
will be taken into account.
Any erroneous or incomplete entry form cannot be taken into account and will be considered
null and void. In particular, entry forms will not be taken into consideration if the contact
information provided is incorrect or incomplete, if they do not comply with the terms of these
rules, if they are submitted multiple times, or if they are sent after the end of the Contest.
Any attempt to pirate the predetermined winning moments system or repeated registration
with wrong email address will lead to disqualification of the contestants. Further to a control
realised after the registration of the participant, the Organising Company is therefore entitled,
in the event one of the cases described above would occur, to refuse to send the prize(s)
possibly won.
Article 4
To participate, the participant will have to complete the entry form with the information
required before 12
th
of March 2012 included.
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The winner will be selected thanks to a random draw which will take place on NA PALI’s
premises in the presence of Maître DAGUERRE, bailiff in Saint Jean de Luz (France), at the
latest on March 14
th
2012 included from among the properly registered contestants.
The winners will be informed of the result by email no later than March 16
th
2012 included at
the email address provided in his/her entry form. No message will be sent to non-winning
contestants.
The winners will have to answer at the latest on March 26th 2012 included. If the winner
does not answer within the delay granted, the trip shall be lost and cancelled.
The winners shall authorize all checks regarding their identity and their domicile.
It is expressly agreed that the data in the information systems owned by the Organising
Company or its technical service providers have evidentiary weight in terms of login data and
in determining the winners.
Article 5
This random draw will point out the winners of:
A trip of two days for two people in a ski resort located in Méribel (French Alps) The trip
market value is 1.000 euros. The trip includes double bedroom accommodation at the DC
Meribel boardriders house,2 days ski pass, equipment rental.
The dates of the trip shall be determined by mutual agreement between the winner and the
Organising Company
This trip package does not include travel expenses,food expenses and expenses of a personal
nature. The winner shall also bear the cost of travel from their home to the departure airport
(the closest to their place of residence) and on the return trip, from the arrival airport back to
their home. It is expressly stipulated that any problem relating to insurance, particularly civil
liability, repatriation and/or travel assistance insurance, will be at the sole expense of the
winner and remain at his/her sole discretion.
The winner will be informed of the result by email no later than March 16th 2012 included at
the email address provided in his/her entry form. No message will be sent to non-winning
contestants.
Article 6
The winners shall authorize all checks regarding their identity and their domicile.
Each Participant grants to NA PALI and any company of the QUIKSILVER Group the right
to use, any picture or video recording, that would be made of the Participant during the two
days trip in Méribel mentioned in article 5, for the promotion of and exclusively in relation
with the contest game “win a trip to DC area43”.
Article 7
Entering this contest implies full and unreserved acceptance of the terms set out in these rules.
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Any breach of a term of these rules will disqualify the contestant who has committed the
breach. Any dispute on the interpretation of the rules will be settled by the organisers.
Any complaint must be sent before March 30th 2012, by registered letter with
acknowledgment of receipt to Monsieur Thomas PELOFI, NA PALI SAS, 162 rue Belharra,
64500, Saint Jean de Luz, France. These complaints may only concern material conditions of
the Contest’s implementation.
Article 8
The Organising Company declines any liability for any dispute concerning the way of
awarding the prizes.
The prize(s) will be accepted as it(they) is(are) described on the Contest web site. They
cannot be exchanged or returned, nor can they be substituted with financial compensation or
the financial equivalent of the prize. No change (in date(s), prize(s), etc.) for any reason
whatsoever may be requested of the Organising Company. It is stipulated that the Organising
Company will not provide any guarantee or support services, as the prize(s) consist solely in
the awarding of the prize(s) specified for the Contest. If there is a date for the use of the
prize(s), no date change will be accepted. In this case, the date for the use of the prize(s) will
be specified at the time the prize(s) are awarded. In any event, the terms and conditions for the
awarding of the winnings, the acceptance and the use of the prize(s) will be as per the terms
defined or stipulated by the Organising Company and which the winner undertakes to accept,
failing which the Organising Company reserves the right to designate another winner. Any
complaints concerning the awarding of the prizes may not consist in financial compensation
and/or financial equivalent.
The Organising Company reserves the right to replace the prize(s) with prizes of equivalent
value, without the winner having the right to lodge any complaint whatsoever in this regard.
The Organising Company may not under any circumstances be held liable for any delay in
awarding the prize(s) or in the event that the winners cannot be awarded the prize(s) for
reasons beyond the control of the Organising Company. If the prize(s) cannot be sent by post,
the terms for accepting it(them) will be specified to the winner(s) in the prize confirmation
email or by any other means at the convenience of the Organising Company.
It is expressly acknowledged by the winners that the Organising Company declines any
liability for any injuries or damages of any kind that may arise from the enjoyment of the
prize awarded and/or result from its use.
Article 9
Entering the contest implies the contestant’s knowledge and acceptance of the Internet's
characteristics and limitations, particularly with regard to technical performance, response
times when checking, querying or transferring data, the risks of interruption, connection-related risks, the lack of protection against possible diversion of certain data and risks of
contamination by any viruses in circulation on the Internet. The Organising Company may not
be held liable, in particular, for malfunctions that may affect the Internet or for any problem
with the configuration or relating to a specific browser.
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The Organising Company does not guarantee that the Internet site and/or Contest shall operate
without any interruption, that they do not contain any computing errors, or that any detected
errors will be corrected.
The Organising Company may not be held liable in the event of a technical malfunction in the
Contest, if contestants are not able to log on to the Contest website or to enter the Contest, if it
does not receive the data relating to a contestant’s entry form for any reason for which it may
not be held liable (for example, an Internet connection problem due to any reason at the user’s
premises), or if an entry form is illegible or impossible to process (for example, if the
contestant has hardware or a software environment that does not comply with his/her
subscription) or in the event of email routing problems. Contestants will not be entitled to any
compensation in this regard.
Moreover, the Organising Company may not be held liable for any damage, material or
immaterial, caused to contestants, their computer equipment and the data stored therein, or for
any direct or indirect consequences that may ensue, particularly consequences on their
personal, professional or commercial activity.
Article 10
It is reminded that to enter the Contest, the contestants must necessarily provide certain
personal information relating to them (name, address, etc.). This information is recorded and
saved in an electronic file and is essential to the eligibility of their entry, the determination of
the winner and the attribution and routing of the prizes. This information is provided to the
Organising Company and may be submitted to its technical service providers and a service
provider handling the shipping of the prizes.
In entering the Contest, the contestant may also register to receive an email newsletter from
the Organising Company's partners. The data thus collected may be used within the legal
framework.
In accordance with French law no. 78-17 of 6
th
January 1978 relating to information
technology, files and freedom, contestants have the right to access, modify or delete the data
relating to them. To exercise these rights, contestants must send a letter to the following
address:
NA PALI SAS,
Thomas PELOFI,
162 rue Belharra,
64500 Saint Jean de Luz
France
Article 11
Contestants can request that the Organising Company reimburse the Internet connection fees
ensuing from their participation in the Contest as well as the postage fee for their
reimbursement request
For duly registered contestants who have entered the Contest from Metropolitan France via a
modem and telephone line that are billed on a time-spent basis – i.e. excluding cable and
broadband (ADSL) Internet connections and plans which include communication costs or
offer free communication – the connection costs incurred to enter the Contest are reimbursed
in a lump payment of 0.50€VAT inclusive, the France Télécom rate in force for “off-peak
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hours” (“heures creuses”) at the time these rules were drafted. Contestants will be reimbursed
for the costs of entering on presentation or indication of all of the following:
(1) their last and first names, and postal address,
(2) the name of the Contest and the website on which it is available,
(3) the Contest start and end dates,
(4) a copy of the first page of their Internet access contract, indicating, in particular, their
identity, the name of their Internet provider and the description of the subscription,
(5) bank account details (RIB – “Relevé d’Identité Bancaire” or RIP “Relevé d’Identité
Postal”),
(6) the date and time of the visits to the site, particularly the Contest logon and logoff
times. The Organising Company shall temporarily and within legal limits store the
Contest logon and logoff dates and times.
Contestants are informed that insomuch as it is noted that in current services and technical
offers, some Internet providers offer their customers free or all-inclusive Internet service, it is
nevertheless expressly stipulated that any access to the Contest made on a free or all-inclusive
basis (such as, in particular, a cable, broadband (ADSL) or specialized Internet connection) is
not eligible for reimbursement, as in this case the subscription to the Internet provider’s
services has been contracted by the Internet user for their general Internet usage, and thus the
contestant incurs no additional expense in connecting to the website of the Organising
Company or its partners for the purpose of entering the Contest.
The reimbursement request must be sent within (15) days of entering the Contest.
All requests for reimbursement of the Contest entry and costs incurred to enter the Contest
shall be sent by postal mail only to the following address:
NA PALI SAS,
A l’attention de Thomas PELOFI
162 rue Belharra,
64500 Saint Jean de Luz
France
In any event, only one reimbursement will be paid per contestant (same name, same address)
and for the entire duration of the Contest (as only one Contest entry is permitted per
contestant).
The postage fees for the reimbursement request will be reimbursed at the 2
nd
-class rate in
force on simple request in writing included with the reimbursement request. The
reimbursement request will be processed within three (3) months on average.
Any request which does not include all the information listed above, which has been sent after
the date mentioned above (with the postmark to be taken as proof), which is illegible, contains
erroneous contact information or which does not comply with the terms above will be
automatically refused and will not receive a response.
Article 12
The Organising Company reserves the right to revise these rules at any time and to take any
decisions it deems useful for the application and interpretation of the rules. The Organising
Company may inform contestants of a revision by any means of its choosing. The Organising
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Company also reserves the right to modify, extend, cut short, suspend or cancel the Contest,
without warning, due to an event beyond its control, and in particular in the event of force
majeure or an act of God. The Organising Company reserves the right, in particular, if there is
due cause, to declare invalid and/or cancel all or part of the Contest if it appears that fraud or
malfunctions have occurred in any form whatsoever, particularly in computing aspects within
the framework of entry to the Contest or determination of the winner(s). In this case, it
reserves the right not to award the prize(s) to the fraudulent contestants and/or to commence
legal proceedings against the persons having committed the fraud. An act of fraud
immediately disqualifies the person having committed it.
The Organising Company will not be liable in regard to the forgoing, and therefore the
contestants will not be entitled to any indemnity or compensation of any nature.
Article 13
These rules are on file at the office of Monsieur DAGUERRE, bailiff in Saint Jean de Luz
(France).
They can be sent free of charge on written request submitted to Monsieur Thomas PELOFI,
NA PALI SAS, 162 rue Belharra, 64500 St Jean de Luz (France). The cost of postage for the
contest rules will be reimbursed on simple request (2
nd
-class rate in force).
Article 14
The ENFORCEMENT of these rules IS SUBJECT TO FRENCH LAW ALONE