Terms & Conditions
COMPETITION RULES
“PNY SUMMER GIWEAWAY”
Article 1: ORGANISER
The company P.N.Y. TECHNOLOGIES EUROPE (hereinafter referred to as "the Organiser" or "PNY"), whose head office is located at Zac du Phare - 9 Rue Joseph Cugnot - BP 40181 - 33708 Mérignac Cedex - France, a Simplified Joint-Stock company with a capital of 12,229,690 euros registered with the Bordeaux Trade and Companies Registry under the number 394 790 430, is organising a free competition with no obligation to purchase (hereinafter referred to as the "Competition" or the "Operation"), which may be accessed from the "Instagram" data-sharing applications for mobile phones and/or on the "Instagram" website, accessible at the following address: https://instagram.com (hereinafter collectively referred to as "Instagram") ; "Twitter", hereinafter referred to as "Twitter" and accessible at the following address: https://twitter.com ; "Facebook", hereinafter referred to as "Facebook" and accessible at the following address: https://www.facebook.com and Gleam.io hereinafter referred to as "Gleam" and accessible at the following address: https://gleam.io/.
For all purposes, it is specified that the Competition is not associated, managed or sponsored by Instagram, Twitter, Facebook.
The terms of participation are described in these Rules (hereinafter the "Rules"). Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules, the code of conduct which is applicable on the Internet, as well as the laws and regulations applicable to free competitions.
Article 2: DATES OF THE OPERATION
The Competition will begin at June 26th, 2020 and will end at 11:59 pm on September 20th, 2020 (French local time).
Entries must be received and recorded by PNY’s computer during this period. The Competition may be interrupted at any time, without notice, and by unilateral decision of the Organiser.
PNY will establish three (3) competitions and winners will be selected monthly at random via Gleam for each competition :
1) first competition from June 26th, 2020 to July 19th, 2020;
2) second competition from July 20th, 2020 to August 23rd, 2020;
3) third competition from August 24th, 2020 to September 20th, 2020.
Article 3: PARTICIPANTS
Participation in the Competition is open to any natural person (hereinafter referred to as the “Player” or “Participant”), having an "Instagram account", "Twitter account" or "Facebook account" (subject to the conditions of use of the Twitter, Instagram or Facebook sites), a means of access (via the Internet or mobile phone network) to one of these data-sharing applications, residing in Europe, and having an European postal address. To take part in the Competition, participants must be legal residents of the territory in which participants reside in accordance with local law, who have the age of majority in his or her region at the time of entry. There is no cost to participate. The Competition is only open to Participants who are not subject to restrictions on their participation in this Competition and the granting of the rights required herein is deemed null and void if prohibited by current local laws.
The following may not participate in the Competition and may not be selected as Winners:
- employees of PNY, of its shareholder companies and subsidiaries or agents, as well as their family members (same last name, same postal address, same email address);
- any person who has participated, directly or indirectly, in the preparation of the Competition.
The Organizer reserves the right to cancel at any time and without prior notice the participation of any Participant who has not complied with the Rules. It is strictly forbidden for the same individual to play from a Player account opened for the benefit of another person. PNY reserves the right to carry out all necessary checks regarding the identity, age and address of the Participants. Any incorrect or fraudulent information will void participation.
Article 4: TERMS AND CONDITIONS OF PARTICIPATION
Participation in the Game is free and is only possible via Gleam. PNY will establish three (3) competitions and winners will be selected monthly at random via Gleam for each competition.
Participation shall only be deemed valid if the following steps have been approved during the Competition Period:
1) the Participant must register on one of the following websites and must read and accept the general Terms and Conditions of Use;
2) the Participant must participate on the Gleam page that will be posted on the dedicated page http://www.pny.eu/promo/pny-summer-giveway;
3) the Participant must enter personal data required and choose among several options : either a post on PNY’s Facebook page; follow @pnyeurope, @pnyfrance, on Twitter; visit PNY’s Instagram account (@pnytecheurope); use the following hashtag #PNYSUMMER2020; retweeting the campaign post on Twitter accounts @pnyfrance and @pnyeurope or watch a video on PNY Technologies Europe’s Youtube channel.
The winner will be selected monthly at random via Gleam on July 20th, August 24th and September 21th, 2020.
The winner will be contacted directly by private message at the email address provided during Registration on Gleam in order to retrieve their contact information including their postal address in order to send the prizes.
The winner must inform the Organiser by all means of any modification of their contact information. Any inaccurate or incomplete communication of the said contact information will prevent the winners from receiving their prizes.
The winner is informed that the data which he communicates will be stored in the Organiser’s information systems and declares that they are accurate and are valid as proof of its identity.
No postal entries will be accepted as the Competition is held exclusively via Gleam.
Any participation must be fair: it is strictly forbidden, by any means whatsoever, to modify or attempt to modify the proposed arrangements of the Competition, particularly in order to modify the results.
The Participant shall refrain from implementing any method of entry that does not comply with the Rules. The Participant is informed that the Organiser has implemented technical means in order to verify the correctness of participation in the Competition.
All entries must be fair: it is forbidden to modify or attempt to modify the proposed features of the Competition; it is forbidden to engage in any form of participation that does not comply with the Rules. The Organiser has deployed technical systems which allow it to check that players are abiding by the rules of the Competition.
Article 5: DESIGNATION OF WINNERS AND PRIZES
5.1 Winners
Three Winners will be selected monthly at random via Gleam among the Participants who have validated the three (3) steps referred to under article 4 of the Rules during the Competition Period, on July 20th, August 24th and September 21th, 2020.
The Winners will be contacted by private message at the email address provided during Registration on Gleam.
Presentation of the prizes
There will be three (22) winners and Winners may be awarded one of the following prizes:
1) first competition : 3x Wireless Car Charger, 3x Family Car Charger, 3x Magnet Windshield Mount;
2) second competition : 1x PNY Mobee stabilisateur, 3x Trépied, 3x microSD Elite X, 3x SD card Pro Elite ;
3) third competition: 1x Dock, 1x SSD Portable Pro Elite 500GB, 1x Flash Drive USB Pro Elite 256GB.
Each prize is strictly nominative and, as such, is neither transferable nor exchangeable, in any form whatsoever, even partially. In the event of the Winner not wishing to or not being able, for any reason whatsoever, to receive the prize won in accordance with the conditions described in the Rules, he/she will lose the benefit of the said prize and will not be entitled to any compensation or consideration whatsoever.
By accepting any of the aforementioned prizes, the winner agrees to release the Released Parties from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity. Prizes are not exchangeable, transferable, or redeemable for cash. There are no substitutions unless specified by PNY.. The PNY reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value.
How the prize is obtained
The Winners will be contacted directly by message via the information provided in the quiz entry form in order to retrieve his or her details for sending the prize. The delivery time will be 3 to 4 weeks, from the date of receipt of the Winners’ contact details.
The Winner guarantees that the details provided are correct and constitute proof of his or her identity. The Winner must inform the Organiser, by any means, of any change in his /her contact details. The Organiser is not responsible if the contact details provided are incorrect, incomplete, or if the Winner cannot be traced and if in any way they do not allow the prize to be received. The Organiser will not conduct any further searches in order to find the winner who will not receive any prize or compensation.
No claim may be made with regard to the decisions of the Organiser, whose decision is final, without any appeal being possible. The Organiser may not be held liable in the event of any error in the delivery of letters, delays, losses, damage, or of the stamps being illegible caused by the postal services.
Should the prize not be awarded, it will remain the property of the Organiser.
Article 6: LIABILITY
The Organizer cannot be held responsible for any malfunctions of Instagram / Twitter / Facebook / Gleam, the Internet or the telephone network, notably due to acts of external malevolence, which would prevent the proper conduct of the Game.
In particular, the Organizer cannot be held responsible for any damage of any type caused to Participants, their computer or telephone equipment or to the data stored therein, or for the possible consequences for their personal or professional activities, except in case of fault directly committed by PNY.
In addition, the Organizer cannot be held responsible in case of transmission problems or loss of electronic mail.
Nor can the Organizer be held responsible in the event that one or more Participants cannot connect to Instagram or take part in the Game due to any technical problems or defects (in particular of the Internet or telephone network).
The Organizer cannot be held responsible for delays and/or losses due to the postal services or for the total or partial destruction of prizes, or any other unforeseen event.
Participants who attempt to participate through means such as participation robots, programs developed for automated participation, the use of information, automatically generated emails, and more generally by any means which are non-compliant with equal chances for all Participants, will automatically be eliminated.
The Game is connected with the Instagram application, Twitter, Facebook and Gleam. Each Participant must also comply with the conditions of use of these Sites. The Participants also recognize that they have been informed of Instagram/ Twitter / Facebook and Gleam’s general terms and conditions of use and privacy policy, which can be consulted directly on their respective websites. The Organizer assumes no responsibility for the content and use of these applications or Gleam website.
Article 7: ACCEPTANCE OF THE RULES
Participation in the Competition implies the full and complete acceptance of the Rules.
These Rules may also be consulted throughout the entire duration of the Competition at the following address:
http://www.pny.eu/promo/pny-summer-giveway.
Article 8: PROTECTION OF PERSONAL DATA
The Organiser undertakes to comply with the legislation and regulations applicable to the processing of personal data and, in particular, the Data Protection Act of 6 January 1978, in its consolidated version, and the Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 applicable as of 25 May 2018.
By participating, the Participants agree to the Organiser collecting, recording, processing and using certain personal data which are strictly necessary for the purposes of running and managing the Competition (decision on the Winner, allocation and delivery of the prize), for the time necessary, although this must not exceed five (5) years.
The personal data provided will not be passed on to third parties unless there is a legal obligation to do so.
In addition, the provisions of the German Federal Data Protection Act (BDSG) shall apply.
The data processed includes, in particular, the personal details of the Participants (identity, telephone number, email address, place of residence, date of birth).
In accordance with the General Data Protection Regulations, natural persons are entitled to access, correct, oppose for legitimate reasons and to remove information concerning them. Persons who wish to exercise these rights must send an email to dpo@pny.eu or write to the following address: PNY Technologies Europe – ZAC du Phare – 9 rue Joseph Cugnot – 33708 Mérignac – France.
As certain data collected as part of this Competition are absolutely necessary for the Competition to be run properly, any request to remove the said information relating to a Participant will result in him/her being automatically disqualified.
The Privacy Policy has been updated and is available on the PNY website.
Article 9: GENERAL INFORMATION
Participation in this Competition implies the Participant’s full and complete acceptance of these Rules and of the terms and conditions of the Competition.
The Organiser may cancel or suspend all or part of the Competition if it appears that fraudulent activity has occurred, in particular regarding the use of computers and may decide not to award the prizes to the fraudsters and/or to prosecute them before the competent courts.
If the proper administrative and/or technical running of the Competition is disrupted by a virus, computer bug, unauthorised human intervention or any other cause beyond the control of the Organiser, the Organiser reserves the right to stop the Competition.
Each Participant authorises the Organiser to carry out any verification concerning his/her identity, contact details and date of birth.
Complaints or disputes arising from the interpretation or application of the Rules, excluding those relating to the nature and quality of the prize, must be submitted, by registered letter with acknowledgement of receipt, to the following address: PNY Technologies Europe – Marketing Dpt – 9 Rue Joseph Cugnot, -BP 40181- 33708 Mérignac Cedex – France.
Any dispute or claim relating to the Operation may not be considered once a period of one month after the end of the Competition has elapsed.
Any difficulty in interpreting or applying the Rules will be assessed by the Organiser whose decision will be final. In the event of any accidental discrepancy between these Rules and the versions used in the operation, it is expressly stated that the terms and conditions of the Rules shall prevail.
Participation in the Competition does not entitle the Participants on any basis whatsoever to use the PNY trademarks for any purpose whatsoever. The reproduction, performance or use of all or part of the details which make up the Competition are strictly prohibited.
These Rules are governed solely by French law. In the event of any conflict between the French version of these Rules and any translation, the French version shall prevail. The invalidity or unenforceability of any provision hereof shall not in any way affect the validity and enforceability of any other provision of these Rules. Any disputes arising from the application or interpretation of any of the provisions of these Rules, which have not been resolved amicably, shall be brought before the competent Court of Bordeaux (France).
©2020 PNY Technologies Europe. All rights reserved.
Drawn up in Mérignac, on 17 June 2020.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.
