Competition rules - "Weekend in New York"

ARTICLE 1 – Organisation

The Kooples PRODUCTION company (the "Organising Company"), joint stock company with a capital of 5,645,070 euros, whose headquarters is located at 11 rue de Prony, 75017 Paris, is organising a free competition with purchase obligation from 22 to 24 April 2016, entitled "Weekend in New York ("the Competition").

Competition, accessible only on the websites www.thekooples.com, www.thekooples.com/fr, www.thekooples.de, www.thekooples.co.uk, www.thekooples.ch/de, www.thekooples.ch/fr.

Any unauthorised reproduction of these trademarks, logos and signs constitutes an infringement punishable by criminal sanctions. All software used on the website and those to which it provides access, as well as the texts, comments, illustrations and images reproduced on the website, and on those to which it allows access, are subject to copyright and their unauthorised reproduction constitutes an act of counterfeit punishable by criminal penalties.

ARTICLE 2 - Conditions for access to the Competition

2.1. The Competition is open to any eligible adult individual aged at least 18 years residing in mainland France (including Corsica) or one of the countiries to which the websites deliver www.thekooples.com, www.thekooples.com/fr, www.thekooples.de, www.thekooples.co.uk, www.thekooples.ch/de, www.thekooples.ch/fr, having access, at the start date of the Competition, to a fixed internet connection and a personal email address at which they may be contacted for the purposes of managing the Competition (the "Participant").

The following are excluded from entry to this Competition: persons directly or indirectly involved in the development of the Competition, as well as members of their families (same name, same postal address), and members of the Legal Bailiff's practice where these rules are deposited.

Only entries which comply with all the provisions of this article will be eligible. The Organising Company reserves the right to conduct any verification it deems appropriate, in particular concerning the identity, age and address of each Participant in order to enforce the provisions of this article. In this regard, any information entered in the registration form referred to in article 3 below, which is incomplete, erroneous, falsified, or would not allow identification of a Participant or their contact information, or would violate any provisions of these rules will cancel their entry.

2.2. Entry to the Competition is exclusively via the internet, to the exclusion of any other means, including by post.

2.3. Entry to the Competition implies express and unconditional acceptance of these rules in their entirety, of the existing codes of ethics on the internet (etiquette, charters of good conduct, etc.), as well as of the laws and regulations applicable to contests in force in France.

Only one entry per person is possible over the entire duration of the competition.

ARTICLE 3 - Entry to the Competition

In order to enter, the Participant must, between 22 and 24 April 2016:

  1. Go to one of the following websites: www.thekooples.com, www.thekooples.com/fr, www.thekooples.de, www.thekooples.co.uk, www.thekooples.ch/de, www.thekooples.ch/fr
  2. Make a purchase on one of the websites listed above (no minimum purchase).
  3. If the Participant does not have a customer account on one of the above mentioned websites, they should duly complete the required fields marked with an *.
  4. In order for the entry to be valid, the Participant must have received an order confirmation email at the email address provided at the time of their purchase.
  5. Entry involves the full acceptance of the terms and conditions of sale on the websites www.thekooples.com, www.thekooples.com/fr, www.thekooples.de, www.thekooples.co.uk, www.thekooples.ch/de, www.thekooples.ch/fr.

Only Participants who have correctly followed these steps, and who have answered the questions correctly, will have their entries validated.

Any entry made after 24 April 2016 will not be taken into account.

Participants should familiarise themselves with the following information on the page dedicated to the Competition:

  • the name of the Competition;
  • the start and end dates of the Competition;
  • the prizes to be won;
  • he full rules of the Competion.

Article 4 - Selection of the Winner

A draw will be conducted under the control of the Legal Bailiff, in the week following the closing of the Competition, from amongst all completed entries (as described in section 3). Only one Winner per household. The draw will be carried out automatically by a computer algorithm (random mathematical formula for winner selection). The entry drawn will designate the Participant who has won the Competition (the "Winner").

The result of the draw will be final.

ARTICLE 5 - Prizes to be won

The prizes to be won: a trip for two (2) people including:

  • 2 return flights (from the nearest city to the winner) to New York
  • Transfers to and from airport / hotel
  • 3 nights for two people in a hotel in New York, breakfast included
  • An item of their choice from The Kooples shop at 115 Mercer St, New York, NY 10012, USA. The Participant and the other person sharing the trip with him will have the choice from among the items available at the< time of
  • their visit to the shop.
  • Total value of prizes on offer: €5,000

This package does not include the following items, which are the responsibility of the Winner: the Winner's transport to the departure airport, lunches and dinners, transportation in New York, and any other activity that is not mentioned in the list above.

The prize awarded cannot be subject to any dispute by the Winner. The prize awarded is not assignable, transferable and cannot be sold. It cannot be subject to any exchange or payment in kind or in cash from the Organising Company. However, if circumstances so require, the Organising Company reserves the right to replace one of the prizes awarded by a prize of equivalent value.

ARTICLE 6 - Information about the Winner and awarding of the prizes

6.1. The Organising Company will inform the Winner, by email to the address specified during registration for the Competition, of their win within seven (7) days of the draw.

The Winner must confirm acceptance of their win, within 72 hours of receiving the email announcing the win, by replying to the email sent and specifying their contact details: name, postal address.

In the absence of confirmation from the Winner under the aforementioned conditions, the prize will be considered to be lost and will not be reassigned to another Participant. It will remain the entire property of the Organising Company.

Any incomplete or inaccurate contact details will be considered to be null and void and will not allow the Winner designated by the draw to receive their prize. In general, entries to the Competition will be cancelled if they are incomplete, erroneous, counterfeit, or carried out in a manner which is in breach of these rules.

For all purposes, it is specified that under no circumstances can Participants who have not been drawn be notified by email or by any other means whatsoever.

6.2. The Organising Company will send the prizes to the Winner, by post to the address shown in the prize confirmation email, within one month of receipt of the prize confirmation email sent by the Winner.

ARTICLE 7 - Changes to the Competition and the rules

The Organising Company reserves the right to cancel, postpone, extend or shorten the Competition, as well as to modify all or part of the entry conditions and/or implementation methods of the Competition, if circumstances oblige it to do so, without having to justify this decision and without liability being incurred in any manner whatsoever.

Any modification to the rules will be the subject of an announcement on the publication page of the operation, and will result in a new deposit with the Legal Bailiff cited in Article 8 below and will come into force after it has gone online. Any Participant will then be deemed to have accepted this modification simply by entry to the Competition from the effective date of said modification.

In the event that an amendment should be deposited after this entry, any Participant who wishes to refuse the modification thereby revokes their entry. The Participant may revoke their entry by writing to the address of the Organising Company.

ARTICLE 8 - Deposit and consultation of the rules

Entry to the Competition implies full and unconditional acceptance of these rules in their entirety, as deposited with SCP-DARRICAU PECASTAING, Legal Bailiffs, located at 4 place Constantin Pecqueur, 75018 PARIS

These rules are available free of charge and in full on the Competition page on: www.thekooples.com, www.thekooples.com/fr, www.thekooples.de, www.thekooples.co.uk, www.thekooples.ch/de, www.thekooples.ch/fr for the duration of the Competition.

A copy of these rules can also be sent by post free of charge to any person, upon simple written request from them, stating their full contact details (name, postal address), sent before midnight on 24 April 2016 (postmark being proof of posting), to:

The Kooples
11 rue du Prony
75017 PARIS

The postage costs related to the request for the rules will be reimbursed within the limits of the current national rate (base 20 g), upon written request to that effect accompanying the request for the rules. Only one request for a copy of the rules will be reimbursed per household (same name, same postal address).

ARTICLE 9 - Reimbursement of entry costs

Any Participant in the Competition having complied with the conditions of access and entry to the Competition, as set out in these Rules, may obtain reimbursement of the costs of entry to the Competition by completing the feedback form available on the websites www.thekooples.com, www.thekooples.com/fr, www.thekooples.de, www.thekooples.co.uk, www.thekooples.ch/de, www.thekooples.ch/fr. Participants have a period of thirty days from the date of receipt of their order to request a reimbursement.

Any request for reimbursement of costs of entry must include, in a legible manner, the following information:

  • the full name and complete postal address of the Participant;
  • the name of the Competition and include the URL of the website 
  • the dates and times of connections;
  • a copy of the detailed invoice from the ISP to which the Participant is subscribed, showing the date and times of connection clearly highlighted;
  • an RIB (bank details) or RIP (post office account details) for mainland France and the full name of the Participant.

One single request for reimbursement per household (same name, same postal address) will be taken into account.

It is understood in this respect that the Organising Company only undertakes to reimburse Participants having accessed the websites www.thekooples.com, www.thekooples.com/fr, www.thekooples.de, www.thekooples.co.uk, www.thekooples.ch/de, www.thekooples.ch/fr from a fixed internet connection and complied with the conditions for access and entry to the Competition as set out in these rules.

Any requests which are incomplete, illegible, and/or sent to an address other than the Address of the Competition or sent after the aforementioned end date will be considered to be null and void.

Reimbursement of internet connection costs:

If the Participant enters the Competition from a modem and via a telephone line charged in proportion to the communication time or the call, and only in this case, they will be able to be reimbursed for their connections on simple written request no later than eight days after the closing date of the Competition, to the Address of the Competition, based on an average connection time to the internet of 3 minutes at a fixed cost of €0.14 per minute, or a flat-rate reimbursement of €0.42. The postage costs for the reimbursement request will be reimbursed, upon simple written request to that effect accompanying the request for reimbursement of connection costs, at the current economy rate (base: 20g). Reimbursement will be made by bank transfer within sixty calendar days of receiving the request for reimbursement and after verification of the validity of the request.

However, to the extent that for some service offerings and some internet service providers offer a free or fixed-price connections to Participants, it is expressly agreed that any access to the websites www.thekooples.com, www.thekooples.com/fr, www.thekooples.de, www.thekooples.co.uk, www.thekooples.ch/de, www.thekooples.ch/fr made on a free or fixed-price base (particularly such as cable connections, ADSL or specialised link) shall not give rise to any reimbursement. In fact in this case, subscription to the services of the internet service provider contracted by the Participant for their use of the internet in general and the fact of the Participant connecting to the websites www.thekooples.com, www.thekooples.com/fr, www.thekooples.de, www.thekooples.co.uk, www.thekooples.ch/de, www.thekooples.ch/fr and entering the Competition does not incur any extra costs for them. Similarly, with regard to the cost of the computer or electronic equipment used to enter the Competition which cannot be reimbursed, Participants acknowledge and declare in this regard that they have access thereto for their personal use.

ARTICLE 10 - Data protection

The personal information collected in the entry form is mandatory. It is intended exclusively for the Organising Company, solely for the processing of the entry to the Competition, managing the Winner, the allocation of prizes and to meet legal and regulatory obligations. It may be shared with service providers and subcontractors whom the Organising Company might call upon for the purposes of the organisation and/or management of the Competition.

In accordance with French Law no. 78-17 amended on 6 January 1978 on computers, files and freedom of information (the "Loi informatique et Libertés"), all Participants have a right to access, rectify, cancel and oppose data relating to them by simple written request to the Address of the Competition. The exercise by a Participant of their right to delete data relating to them will result in the cancellation of their entry to the Competition.

ARTICLE 11 – Liability

11.1 The liability of the Organising Company is strictly limited to the awarding of prizes that have been effectively and legitimately won.

11.2 Readers are expressly reminded that the internet is not a secure network. The Organising Company shall not be held liable for contamination by any viruses or intrusion of a third party into the system of the terminals of Participants in the Competition and declines all liability relating to the consequences of connection by Participants to the network of the websites www.thekooples.com, www.thekooples.com/fr, www.thekooples.de, www.thekooples.co.uk, www.thekooples.ch/de, www.thekooples.ch/fr.

In particular, the Organising Company shall not be held liable for any damage caused to Participants, their computer equipment and the data stored there, or for any possible consequences thereof which may affect their personal or professional activity.

11.3 The Organising Company assumes no liability for failure of the internet, telephone lines or receiving equipment, which may prevent the smooth running of the Competition.

The Organising Company also cannot be held liable if one or more Participants should be unable to connect to the websites www.thekooples.com, www.thekooples.com/fr, www.thekooples.de, www.thekooples.co.uk, www.thekooples.ch/de, www.thekooples.ch/fr or enter due to any problem or technical fault linked, in particular, to congestion of the network.

The Organising Company may cancel all or part of the Competition if it appears that fraud has occurred in any form whatsoever, including by computer, as part of entry to the Competition or the selection of the Winner. It reserves, in this case, the right not to award prizes to fraudsters and/or to take legal proceedings in the competent courts against the perpetrators of such frauds.

11.4 The Organising Company will make every effort to provide access to the Competition on the websites www.thekooples.com, www.thekooples.com/fr, www.thekooples.de, www.thekooples.co.uk, www.thekooples.ch/de, www.thekooples.ch/fr at any time, without being under any obligation to do so. The Organising Company may, at any time, including for technical reasons, updating or maintenance, suspend access to the website www.thekoooples.com and the Competitions contained in it. The Organising company can in no way be deemed liable for such interruptions and their consequences.

11.5 The Organising Company cannot be deemed liable for any incident and/or accident that may occur during the enjoyment of the prizes awarded and/or because of their misuse by the Winner.

It is specified for all purposes that the Organising Company will not provide any service or guarantee relating to the use of the prizes, the latter consisting solely of the awarding of the prizes planned for the Competition.

ARTICLE 12 - Applicable law and jurisdiction

12.1 These rules are governed by French law. Therefore, Participants are subject to French regulations applicable to contests.

12.2 In the event of a dispute or claim, for whatever reason, applications must be submitted in writing to the Organising Company within two (2) months after the end of the Competition (postmark being proof of posting).

12.3 Any dispute arising from this Competition that cannot be settled amicably shall be submitted to the competent courts.