RULES OF THE GAME “ASICS – WHAT MOVES YOU”ARTICLE 1 THE ORGANISING COMPANY AND A PRESENTATION OF THE GAME
ASICS Europe B.V., a private limited liability company (besloten vennootschap met beperkte aansprakelijkheid) incorporated under the laws of The Netherlands, having its principal office at the Taurusavenue 125, 2132 LS Hoofddorp, The Netherlands (the “Organising Company”), has decided to organise a game entitled “Asics – What Moves You” from 18th April 2018 to 20th May 2018 (the “Game”).
The Game is organised in partnership with Eurosport SAS, a French company, the head office of which is located at 3, rue Gaston et René Caudron, 92978 Issy-les-Moulineaux Cedex 9 (France) (“Eurosport”).
The Game is organised on the mobile application “Cinebody” operated by Super 6 LLC, available on iOS only (the “Mobile App”).
ARTICLE 2 TAKING PART AND ACCEPTANCE OF THE RULES
2.1 By taking part in the Game, each participant (a/the “Participant(s)”) accepts unreservedly the present rules (the “Rules”) and the principle of the Game. Anyone breaching one or more of the articles of the present Rules shall be deprived of the possibility of taking part in the Game and also of any prize that he or she might otherwise have won.
2.2 The Game is open to any person above the age of 18 years and residing in: France, Germany, Russia or United Kingdom.
In the case of a person not residing in one of these countries would participate in the Game, its participation will not be counted by the Organising Company.
2.3 The participation is limited to one entry per household (same name, same address).
The Game is not open to persons having a direct or indirect legal link with the Organising Company and/or Eurosport, and their families
2.4 The present Rules are intended to apply to all Participants.
2.5 Any form of participation in the Game other than those expressly defined by the present Rules is excluded and shall not be taken into consideration by the Organising Company.
ARTICLE 3 HOW THE GAME WORKS
The Game requires to download the free Mobile App.
In order to take part to the Game and have a chance to win a prize, each Participant should:
- download the Mobile App;
- sign up and use the Game code: asics;
- submit one or more video(s) recorded by the Participant according to the shortlist in the Mobile App (the “Video(s)”);
- sign off the rights to the Video(s) to the Organising Company and Eurosport (including Discovery).
The best of the Videos submitted (and with a signed release form) will be edited together by the Organising Company and/or Eurosport as a campaign clip “What Moves You”.
ARTICLE 4 DETERMINING THE WINNERS AND PRIZES
A prize draw is organized by the Organizing Company among all Participants who have submitted Video(s) in the Mobile App, to designate 20 winners (the “Winners”) to the Game.
The prize draw will take place on 28th May 2018.
Each Winner will win one pair of Asics Gel-Nimbus20 trainers.
4.3 Prizes conditions
The Winners will be contacted by the Organising Company or Eurosport within one week following the end of the prize draw. No message will be sent to non-winning Participants.
Any Winner who has not answered within 2 days following sending of the email informing them of their winnings or who has decline the prize, shall lose the right to enjoyment thereof. The Organising Company may award the prize to another Winner, drawn as alternate Winner under the same conditions than the other Winners.
Winners are fully liable for the validity of the information that they give at the time of their entry in particular of their email addresses and Winners acknowledge that neither the Organising Company nor Eurosport will not be held responsible to the non-delivery of the prizes due to incomplete and/or inaccurate and/or incorrect contact details transmitted to the Organising Company and/or Eurosport.
4.4 For all prizes
Everything which is not include in the prize as detailed in 4.2 above, shall be borne by the Winner.
The prizes may not be exchanged, taken back, or be the subject of any financial consideration or financial equivalent. Where applicable, the date of use of the prizes shall be notified on issue thereof. Any claims concerning the manner in which the prizes are made available may not consist in claiming any financial consideration and/or any financial equivalent.
It is specified that neither the Organising Company nor Eurosport shall provide any additional service as regards cover or guarantee, assistance, taking up of rights to enjoyment, or making the prize available, the awarding of the prize merely consisting in giving the prizes as described.
Therefore, unless otherwise expressly stipulated in the description of the prize, all ancillary expenses relating to the awarding of the prize or general expenses related to taking possession of the prize shall remain borne by the Winners. No cover or reimbursement shall be due in this regard.
The Organising Company reserves the possibility of replacing the prize by prize of equivalent value, without it being possible for any claim to be lodged in this regard.
The Organising Company and Eurosport expressly decline any responsibility for any incidents or harm of any type that might arise due to enjoyment of the prize and/or due to use thereof, and this is recognised expressly by the Winners. The Winners therefore waive the right to any claim and any recourse against the Organising Country and Eurosport or any one of the companies of the groups to which they belong as regards the prize, in particular the quality thereof or any consequence arising from taking possession of prize.
ARTICLE 5 LICENSE AND CONTENT OBLIGATIONS
Videos are owned by the Participant who publish it in the Mobile App. Notwithstanding the foregoing, each Participant hereby grants to the Organising Company and Eurosport a non-exclusive, worldwide, royalty-free and transferable right and license, with the right to sublicense through multiple levels, to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Video(s) in any medium or format, whether now known or hereafter discovered, in order to promote the Game or the business of the Organising Company and/or Eurosport (including Discovery).
Each Participant represents and warrants to the Organizing Company and Eurosport that he/she has all right, title and interest necessary in and to the Video(s) for such purposes, including that he/she has not and will not collect or upload Video depicting (a) natural persons, without such persons’ permission or (b) third-party brands, logos or other proprietary information or intellectual property without the owner’s permission. Each Participant shall indemnify and hold the Organizing Company and Eurosport harmless for any violation of this Article 5.
By accepting the Rules, each Participant accepts without reservation and acknowledges that each Video is released under its full responsibility.
Each Participant undertakes in particular to respect the principles below.
- any Video that does not respect one of these principles may not be taken into account by the Organising Company without further justification;
- Videos must not be obscene and respect the laws and regulations in force;
- the Videos must not contain any material that contravenes or infringes any right whatsoever, including, without limitation, intellectual property rights, the right of publicity and the right to privacy of any physical or moral person whatsoever.
Only Videos respecting the conditions of participation of these Rules will be accepted by the Organizing Company and may compete in the Game.
Attention, in case of suspicion of fraud or unfair participation (the votes of convenience obtained through a community of mutual assistance or no other counterfeit means are strictly prohibited), the Organizing Company and/or Eurosport reserve the right to carry out any verification it deems useful. Any proven fraudulent or unfair maneuver will result in the immediate, final and unannounced disqualification of the Player.
5.2 Authorizations – guarantees
By participating, each Participant freely authorizes the publication of his/her names and/or first names and/or photos on Organising Company’s or Eurosport’s (including Discovery) websites and mobile applications and their exploitation by the Organising Company and/or Eurosport (including Discovery) for editorial, commercial and promotional purposes on all media (web, TV, etc.).
This license is valid for the entire world and for any kind of exploitation in any and all support.
The Organising Company and Eurosport can also sublicense these rights its subsidiaries.
ARTICLE 6 ACCESS TO THE RULES OF THE GAME
Participants may consult the Rules of the Game:
The Rules may be amended at any time in the form of an endorsement which will be published on https://www.beyond-champions.com/what-moves-you/.
ARTICLE 7 RESPONSIBILITIES AND RESERVATIONS
Neither the Organising Company nor Eurosport may be declared responsible for any total or partial malfunctions of the Internet and/or the Mobile Application that might or might not have given rise to failures in administration, security, input, integrity, or management of the Game. In particular, they may not be declared responsible for any error, omission, imperfection, interruption, deletion, transmission delay, failure of communication and connection circuits, destruction, damage, or technical failure of the fixed or mobile terminal of the Participant, or for any other problem relating to telecommunications networks, to on-line mobile terminals and computers, or to servers or access providers.
The Organising Company reserves the right to exclude from taking part in the present Game any person disturbing the progress of the Game. It reserves the right to take legal action against anyone who has cheated, defrauded, manipulated or disturbed the operations described in the present Rules or who has attempted to do so. A Winner who has cheated shall automatically forfeit any right to obtain any prize.
The Organising Company reserves the right, in particular for compelling reasons and/or for reasons of force majeure, to shorten, extend, or cancel the present Game in part or in full if circumstances so require. It may not be held liable in such a case. Prior notice of such changes may however be given by any suitable means.
In the event of force majeure, of unforeseeable circumstances, or of exceptional circumstances (fire, flood, natural disaster, ill-intended intrusion into the computer system, strike, calling into question of the financial and technical equilibrium of the Game, etc.), and even if such circumstances are its own responsibility (subject to it having acted in good faith), the Organising Company may terminate the Game in full or in part. The present Game shall be cancelled in the event of winding-up of the Organising Company, or in the event of force majeure, without the Participants or the Winner being entitled to claim any compensation in that regard. The Rules may be altered at any time by the Organising Company, in compliance with the principles set forth above in this respect.
7.2 Checks and Reservations
Any information disclosed by the Participants and by the Winners, in particular their details, shall be considered as null and void and shall not be taken into consideration if it includes an anomaly.
Neither Organising Company nor Eurosport may be held liable for harm of any type (personal, physical, material, financial, or other harm) arising during the course of participation of a Participant in the Game.
ARTICLE 8 NAMED DATA AND INFORMATION
Pursuant to the provisions of the General Data Protection Regulation of 27 April 2016 relating to data-processing, to files, and to civil liberties, Participants enjoy a right of access to the computer files concerning them, a right to rectify the data concerning them, to ask for the removal of the data and they may ask for their details to be struck off and no longer disclosed to third parties. They also have a right of portability on the data. Such a request may be made by ordinary letter to the Organising Company: ASICS Europe B.V., Taurusavenue 125, 2132 LS Hoofddorp, The Netherlands.
ARTICLE 9 APPLICABLE LAW
The present Rules are governed by English and Wales law, without prejudice to the application of any imperative local law.
In order to be taken into account, any dispute or objection relating to the Game shall be made at the latest thirty (30) days as from the closure of the Game, in writing only and sent to the following address:
ASICS Europe B.V.,
2132 LS Hoofddorp,
The Organising Company shall decide on any matter relating to application of the present Rules or not settled by them. Except for cases of fraud by the Participants, any dispute that might arise during performance of the present Rules shall be settled preferably out of court between the Organising Company and the Participant.
Any dispute that might arise on interpreting the present Rules shall be referred expressly to English and Wales Law and to the sovereign judgement of the Organising Company, and, as a last resort, to the judgement of the competent Courts of London.