Prizee.com, a public limited company with capital of 1,000,000 euros registered in the Commercial Register of Companies of Clermont-Ferrand under the number 432 535 581, with its head office at 22 allée Alan Turing, 63000 CLERMONT-FERRAND, is staging on the Internet site: http://www.bubbleadventure.com and on the Facebook application accessible via http://apps.facebook.com/bubbleadventure, a free game, with no purchase necessary, for an indeterminate duration.
VAT no.: FR 22 432 535 581
Publication director: Mister Matthieu FONTENAY
Host server address: Amazon Web Services LLC, P.O. Box 81226, Seattle, WA 98108-1226
ARTICLE 2 – INTELLECTUAL PROPERTY
The game and all rights attached to the game are the exclusive property of the organizing company.
All brands, logos and other distinctive signs reproduced in the game, as well as on sites to which the game enables access via hypertext links, are the exclusive property of their owners and are thus protected by intellectual property laws applying around the world. Any unauthorized, total or partial reproduction of these brands, logos and signs constitutes fraud, liable to legal sanctions.
All software used by the game and software to which the game allows access, as well as texts, comments, illustrations or images reproduced in the game and those on sites to which they enable access are copyrighted and their unauthorized reproduction and constitutes fraud, liable to legal sanctions.
ARTICLE 3 – TERMS AND CONDITIONS OF THE GAME
The game is open to any physical person in their majority, with the exception of those collaborating with the game’s organizing company and members of their family, including people who have collaborated, in whatever capacity, in the organization of the games offered by the organizing company.
Minors are allowed to play the game, on the condition that they have already obtained permission from a parent or legal guardian. Participation in the game implies that they have obtained this authorization. The organizing company reserves the right to request written justification at any moment and to undertake all necessary verifications. Any participating minor who cannot supply such justification within a period of 15 days will lose all their points and be excluded from the game.
Subscriptions are limited to a single account per person. Players are not allowed to use pseudonyms or give a false address. Subscription is valid for an unlimited duration, without prejudice to the right of each party involved to terminate the present contractual relations unilaterally, at any moment, without forewarning or justification.
The organizing company reserves the right to demand, at any moment, the production of proof of identity, of residence, and of any eventual purchases effected within the game according to the payment method used, such as a telephone bill, internet access bill or bank statement accompanied by bank account details.
The participant should conserve any proof related to purchases within the game for a duration of 1 year from their validation date in the game. If participants do not answer a request for justification within 15 days, they will lose all their points and be excluded from the game.
Ingame purchases can only be carried out by the participant in person. Participants can in no case let third-parties replace them. Thus third-party platform payment accounts used by the participant should be registered under the same identity as that of the game participant.
Participation in the game is effected solely by internet and is individual. Each participant must play in person. Consequently letting a third-party use the participant’s account to play or seeking any recourse, directly or indirectly, to automatic analysis or requests within the game is forbidden.
Participants are formerly forbidden, via whatever process, to change or try to change features within the game, in particular in an attempt to modify results or any factor deciding the outcome of a game and the winners of a game. The organizing company reserves the right to ensure that chances are equal for all participants, through the courts of law, or any other suitable method. The organizing company also reserves the right to exclude any person who does not totally respect the present rules.
The organizing company reserves the right to delete a participant’s account if a participant has not connected to the game using his/her log-in details for a duration of 3 consecutive months.
Participation in the game implies total acceptance of the present rules on the part of the participant and their application by the organizing company.
ARTICLE 4 – CURRENT LEGISLATION
Some aspects in the game involve chance. In this respect, the organizing company declares to conform to current French legislation (which is very similar to current legislation operating in countries of the European Union and most countries in general). Participants must first verify that the country or state from where they are accessing the game authorizes participation in game-competitions and in particular, games involving chance.
The game elements based on chance function in total respect of the notion of chance, using standard and computer functions recognized for their ability to create a genuinely random environment, guaranteeing all participants equal treatment.
ARTICLE 5 - REIMBURSEMENT OF PARTICIPATION COSTS
In accordance with article L. 121-36 of French Consumer Code, access to the game and participation in the game are entirely free of charge. Where the participant can provide proof of Internet connection charges, these charges will be reimbursed according to the methods outlined below.
Only a single reimbursement per month and per household (same name, same postal address) is allowed, on the condition that the participant is a resident of France and is playing within standard game conditions – standard game conditions are defined as not exceeding 15 minutes per day.
The current state of internet provision and technology is such that many internet access providers offer free or all-inclusive subscription based access to users. It is agreed that all game access carried out on a free or all-inclusive subscription basis (such as cable, broadband, or dedicated line connection) cannot give rise to reimbursement because such a subscription to the provider’s services is contracted by the user for his/her own general internet use, and that the fact of participating and connecting to the game does not incur any extra cost or outlay.
In the case of a paid connection invoiced pro rata for the duration of the communication, internet connection costs for game participation will be reimbursed by check, at the participant’s request addressed in the month of the outlay of this expenditure, with postmark as proof, within two months of reception of the participant’s request.
In the case that connection is subject to a subscription payment for a limited duration, where further use is invoiced pro rata for the duration of communication, charges for connection to the game will be reimbursed to the participant when it is established that the participant has exceeded the subscription limit available and that this subscription limit was exceeded due to connection to the game.
To obtain reimbursement for connection charges, as well as for postal costs of the reimbursement request, the participant should send a written request to the organizing company, containing the following elements:
- the participant’s name, given name, and personal postal address
- the dates, times and durations of connection to the game
- a copy of a detailed invoice from the telephone operator and/or access provider with whom the user holds a subscription, indicating the dates and times of game connections.
Postal costs incurred in the connection charge reimbursement request will also be reimbursed on the basis on the current second-class rate.
Supplementary rounds will be reimbursed, upon request, under the same conditions applied when reimbursing Internet access fees, and are limited to one (1) lot of rounds per month, per household (the least expensive lot in the range).
Shipping costs associated with a lot will be reimbursed, upon request, under the same conditions applied when reimbursing Internet access fees, and are limited to one (1) lot of rounds per month, per household (the least expensive lot in the range).
ARTICLE 6 – OBTAINING PRIZES
Each participant has their own personal virtual "recipient" within the game enabling them to accumulate points. In the game, points, known as "Sapphires", can be won by playing game rounds.
Depending on participants’ countries of residence and the number of points each participant has, participants can at any time try to convert their points into prizes in the "Prizes" section.
When participants have selected the prize of their choice, they are set a series of objectives to complete within the game within a fixed time. The details of objectives and of the time limit for completion are specified once the prize has been selected.
If players fulfill their objectives within the time limit they can take part in the final phase of the game by spinning the “Wheel of Fortune”. The wheel is composed of a simple visual animation, the result of which is predetermined by a winning instant system, enabling players, if they win, to receive the prize they selected.
In the event that, at the end of a particular game phase, several players are equally placed, unless otherwise indicated during the game phase itself, the winner will be chosen by the drawing of lots.
Occasional alternative forms of operation may incur other methods of prize attribution. These methods will be made explicit if they differ from the principle described above.
The participant is specifically informed that access to the "Prizes" section or any other section of the game depends entirely on the country of residence. Thus prizes available depend on the country of residence and participants cannot undertake to obtain prizes that are not available in their country of residence.
Points can only be exchanged for goods or services presented and available on the "Prize" page at the moment the participant carries out his/her selection.
Unless otherwise indicated, products or services described do not include options or accessories. Costs relating to implementation, installation, and operation of prizes won, as well as packaging and customs costs and any necessary administrative formalities are at the sole expense of the participant.
Prizes cannot be exchanged for other prizes, or for a cash or equal-value equivalent. They cannot be attributed to anyone but the beneficiary of the prize. The postal address featuring in the player’s account details should in no case bear the name or given name of anyone but the owner of the account as entered during registration.
After verification of the conditions of the prize attainment, the winning participant will receive an email from the organizing company. The participant undertakes to confirm the delivery address for the prize within the time limit indicated on the prize notification.
If the participant does not validate their prize, or in the event that the organizing company is not in a position to dispatch the prize, or prizes, to the participant (postal address not located, the prize is returned by the postal service marked with “Not known at this address”, false declaration of residence, etc), or in the event that the prize is ultimately refused by the winner, the organizing company reserves the right to transfer unallocated prizes for another game.
The organizing company undertakes to ship prizes within a maximum delay of ninety days from the date that prizewinners confirm their delivery address. If it is impossible for the organizing company to dispatch a prize won by a participant – if the prize is out of stock with the supplier, or if the supplier has gone into administration – the organizing company reserves the right to replace the prize intended by another prize of an identical or superior value, or by a cash equivalent in euros. In this last case, the value of the prize will be established on the basis of the number of points necessary to obtain it, as indicated in the "Prizes" section; 0.005 points is worth 1 euro. This conversion only applies in the aforementioned case and does not imply the application of an exchange price for points accumulated by participants. The participant will be informed of such a replacement by email. In this case, the participant will not be able claim any compensation from the organizing company of any form.
Without prejudice to any legal action and to its ability to cancel the participant’s registration, The organizing company is not obliged to dispatch any prize to a winning participant if the winner did not correctly enter his/her address during registration, if the winner has clearly, in any way, managed to distort the outcome any part of the game or has not complied with the present rules and regulations.
By the fact of accepting a prize or prizes, the winning participant expressly authorizes the organizing company and its commercial partners to publish and disseminate details of the winner’s prize, name, given name, city of residence, county, state and country of residence, using images, voices and in writing, especially for commercial ends or in advertising messages, or in the framework of promotional campaigns, on any support or via any technical means, in France or abroad, for a duration of two years, with no compensation or right other than the prize won.
Any single prize of a value above or equal to €5,000 (five thousand euros) will be awarded to the winner directly by the organizing company. The prize will be awarded at the company’s head office, within a maximum time limit of ninety days following the date the prize was won. The prize will be awarded at the end of a filmed interview with the winner. Transport costs incurred by the participant for travel to the award event will be paid by the organizing company.
In the event that the winner refuses to receive his or her award directly, or to participate in a filmed interview, the organizing company reserves the right to reallocate the prize for another game.
ARTICLE 7 – CHANGES TO THE RULES
In order to adapt to changes to the site and/or its exploitation, the organizing company reserves the right to change the present game rules. These changes will come into effect as soon as they are implemented online. All registered participants will be informed, when they connect to the site and by any other means possible, about changes to the game rules. Participants will be invited to consult and agree to the new terms.
If the participant does not agree with the new rules, he/she can communicate this refusal to the organizing company through the regular means, especially by contacting our customer service. Refusal will result in the immediate closure of the participant’s account without any right to compensation of any sort.
ARTICLE 8 – COMPUTER, DATA AND PERSONAL FREEDOM ACT
In accordance with the French computer, data and personal freedom act, 6 January 1978 Act, no. 78-17 and the European directive, no. 95/46 of 24 October 1995 relating to the protection and processing of personal data and the freedom to distribute this data, people who connect to the game and who answer registration questions to access the game, have the right to access, modify and raise an objection to data concerning them.
As a consequence, all participants registered in the game have the right to demand the correction, completion, clarification, updating or deletion of information relating to them that is inexact, incomplete, ambiguous or outdated.
The request should be made in writing with the players address and sent to the organizing company address indicated in the first paragraph of the present rules. The request can also be made directly in the game via the "Your Account" section, according to the modes specified.
ARTICLE 9 – RESPONSIBILITY
Connection to the game implies the participant’s knowledge and acceptance of the characteristics and limits of Internet: especially relating to technical performances; connection response times; delays in the request and transferal of information; the risks of broken connections; and more generally: the risks inherent to any internet connection and to the transmission of data over the internet; the absence of protection of certain data against misuse; and the risks of contamination by computer viruses circulating on the network.
As a consequence, the organizing company cannot be held responsible for (this list is not exhaustive):
- the transmission and/or reception of all data and /or information by Internet;
- any malfunctioning of the Internet network, preventing the game working and/or functioning properly;
- any fault in reception hardware or communication lines;
- any loss of mail or emails, or more generally any loss of data;
- any shipping issue;
- the malfunctioning of software of whatever form;
- the consequences of any virus computer bug, anomaly or technical fault;
- any damage caused to the computer by a participant;
- any technical, material or software fault of whatever nature, which may prevent or limit participation in the game or which damages the computer system of a participant.
The organizing company cannot be held responsible either for any malfunctioning of the internet network leading to issues of administration, security, integrity or management of the game or services on offer.
Participants’ connection to the game and their participation in the game is their entire responsibility. Participants should take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
Furthermore, the organizing company cannot be held responsible for any internet connection problems experienced by participants. The organizing company cannot be held responsible if, for any reason independent of its will, the game is modified, postponed or canceled. Any changes to the game program may lead to updates and/or temporary unavailability of the game; the organizing company cannot be held responsible for any related repercussions.
Similarly, the organizing company reserves the right to interrupt or suspend the game, at any moment and without forewarning, without justification. In this event, the organizing company cannot be held responsible in any way and the participant will not be able to claim any compensation of any form. The organizing company underlines that the use of hypertext links may lead the participant to other websites independent to the organizing company. In this case, the organizing company cannot be held responsible for the activity of third party sites.
Unless previously agreed, no participant is authorized to create a hypertext link between the game and another website, unless the participant underwrites his/her responsibility. The organizing company cannot be encouraged to offer participants access to third party sites or participation in loyalty programs, marketing agreements or any other activities taking place on a third party website or within a third party program. In this case, the organizing company cannot be held responsible for the activities of the third party and engages its visitors to learn our proposed conditions of participation. This especially concerns third party sites visited by the participant where advertising about the game is likely to contain "cookies ". These are managed by third parties independent of the organizing company and are under their sole responsibility. It should be specified that the organizing company has no access to the data that may be obtained by these "cookies".
Any participant winning a prize undertakes to pay any tax, social charge or any other fee of whatever nature which may be due in application of the law. The organizing company cannot be held responsible in this respect.
During registration, the participant must choose a log-in and password enabling him/her to access the game. The participant should keep his/her password confidential. The participant alone is responsible for the conservation and use of his/her log-in and password and particularly of the impossibility of accessing his/her account should either or both be forgotten. The participant is also responsible should his/her rounds or points obtained be used by a third party.
Any illegal use of the participant’s log-in and/or password should be signaled as quickly as possible to the organizing company by any method, so that the organizing company can react quickly, having registered the participant’s complaint, to halt effects of use.
ARTICLE 10 - CONVENTION OF PROOF
The digital registers, conserved in the organizing company’s IT systems, in reasonable and reliable secure conditions, are considered as the proof of relations and communication between the organizing company and the participant.
It is thus agreed that, apart from obvious error, the organizing company could take advantage of, especially to provide proof of activities, facts or omissions, of programs, data, files, recordings, operations and other features (such as monitoring reports or others) of a digital nature, in a computer format or on an IT or electronic support, established, received or directly or indirectly conserved by the organizing company, especially in computer systems.
The elements consulted thus constitute proof, and if produced as proof by the organizing company in any litigation, will be acceptable, valid and definitive between parties, in the same way and conditions and with the same probative force as any document established, received or conserved in writing.
Operations of any nature produced using the log-in and code attributed to a participant, following inscription, are indisputably presumed to have been produced under the participant’s responsibility.
ARTICLE 11 - APPLICABLE LAW AND INTERPRETATION
The organizing company, the game and the present rules are governed by French law.
In the absence of opposing public order measures, any litigation will be referred to the competent court of law.
ARTICLE 12 – LEGAL SUBMISSION AND CONSULTATION OF RULES
The full version of the present rules has been legally submitted to Maître Bertherat, Huissier de Justice, 43 avenue Julien, 63000 CLERMONT-FERRAND.
All measures laid out in the present rules can be consulted free of charge within the "Rules" section of the site at the bottom of each page, or obtained by writing to the organizing company at the address featuring in the first article of the current rules.
Postal fees necessary for a request of a copy of the rules will be reimbursed, on request, based on the current slow postal rate in effect.