Amendment to the challenge rules
The organizers want to change the challenge rules as noted below:
ARTICLE 8 – SELECTION STEP GUIDELINES
8.1 The selection step is scheduled from January 25th, 2016 to March 27, 2016 at 11H59pm (Paris Time Zone)
8.2 A maximum of thirty three (33) teams selected at the end of the Preselection process will be able to participate to the final step.
8.3 These teams will have until March 27th 2016 at 11H59pm to download their Final Deliverable, containing at least a detailed presentation of their project, on their team space.
CHALLENGE RULES
Imagine new transitions between floors
Tarkett, SA with a capital of €318.613.480 euros, 1 Terrasse Bellini, Tour Initiale, 92919 Paris La Défense, France, registered at Registre du Commerce et des Sociétés de Nanterre (France) under the number 352 849 327
(hereinafter designated as the « Partner Company »)
Decided to order to
AGORIZE, SAS with a capital of €71 146, registered under the number 530 774 439 at the PARIS Commercial Register, whose head office is located 5 rue des Suisses 75014 PARIS, France
(hereinafter designated as the « Organizing Company »)
the execution of obligations defined below relating to the organization of the contest called « Imagine new transitions between floors» which will be scheduled from November 16th 2015 (16/11/2015) to January 17th 2016 (17/01/15) through the website accessible at <www.studyka.com>.
(hereinafter designated as « The Challenge »)
The partner company and the organizing company are considered as co-organizers of the challenge.
(hereinafter designated as the « Organizers »).
ARTICLE 1 – DEFINITIONS
The term “Brief” refers to the specifications issued by the Partner Company. This document contains information such as the deadline, details of the grant, the Partner Company’s requirements, the legal provisions, etc.
“Nomination”: refers to the designation among the selected teams by the Final Jury at the end of the final step.
“Challenge”: designates the Challenge, subject to the regulations organized by the Organizing Company and the Partner Company.
“Endowments”: designates prizes delivered to winners at the end of the challenge rules.
“Personal data”: designates data defined in Article 17 of the Regulation.
“Registration”: designates the Registration of a participant in the Challenge according to Article 4.
“Final Jury”: designates the jury mentioned in Article 11.4 in charge of the selected teams’ rankings.
“Jury of Preselection”: designates the jury mentioned in Article 11.3 in charge of the Preselection of participants.
“Jury of Selection”: designates the jury mentioned in Article 11.3 in charge of the Selection of participants.
“Winners”: designates the participants of the five (5) teams that have access to the final step of the Challenge ranked by the final jury.
“Preselection Deliverable”: designates the Deliverable described in Article 7 and submitted at the Preselection step.
“Final Deliverable”: designates the Deliverable described in Article 8 and and submitted at the Final step.
“Prize”: designates the Endowments specifically mentioned in Article 12 and delivered to the winners teams at the end of the Challenge.
“Participant”: designates every single person registered according to Article 4 of the regulations and participating in the Challenge.
“Preselection”: designates the first step describes in Article 7.
“Regulations”: designates the present regulations, which are applicable to the challenge.
“Competition Rules, Terms and Conditions” or “CRTC”: designate the general terms of use of the Organizing Company’s website, accepted by every participant during the creation of a user account studyka and available on www.studyka.com.
“Selection”: designates the second step of the Challenge described in Article 8.
ARTICLE 2 – PURPOSE OF REGULATIONS
2.1 Regulations are intended to define, according to article L. 121-15-2 of the French Consumer Code, terms and rules of participation in the Challenge organized by the Partner Company in association with the Organizing Company. Regulations are destined to complete the rules of the challenge of the Organizing Company, which can be downloaded through the following link http://static5.studyka.com/public/documents/cgu-studyka-en.pdf. In the event of inconsistency between these terms and regulations and those of the CRTC, regulations will prevail.
2.2 The participant recognizes to be informed and accepts that the Challenge in question appeals to his ability of conviction and to the quality of his Deliverables. Under no circumstances shall decisions be made at random or chance and in any case the Challenge shall not a lottery.
ARTICLE 3 – CONDITIONS PARTICIPATION IN THE CHALLENGE
3.1 Participation in this Challenge is free and without purchase obligation and can be subject to a reimbursement of participating costs in the conditions specified in Article 16.
3.2 The Participant must read these rules and accept the terms in their entirety without reservation before their Registration and participation in the Challenge.
3.3 Participation allowed for any physical person who respects the following cumulative conditions:
3.4 The Challenge is open to the Partner Company internships or the companies involved in its implementation and / or promotion and to members of their families according the following conditions:
• The Participants undertake to participate in a fair manner without beneficiating from specific assistance from the Partner Company
• The Company is committed to selecting impartially the Participants
3.5 The employees of the Organizing Company, including theirs families, cannot participate in the Challenge.
3.6 The Participant shall certify at the registration to abide by the terms aforementioned. The delivery of the Endowment will be conditional upon the presentation by the winner of the challenge of an identity card proving his age during the Registration to the challenge, and a student card from less than three (3) years from the ongoing school year at the date of the inscription (2015-2016).
3.7 There is only one entry per person in the Challenge.
3.8 Participants must form or join teams. This team is composed from one (1) to three (3) members maximum.
3.9 Any Participant who doesn’t abide by the terms of this present article during his/her Registration and at any time during the challenge will be automatically and without previous notification, disqualified from the Challenge and shall not be awarded any Endowments. In the case where an Endowment would have been awarded to a Participant who doesn’t comply with the terms of participation during his/her Registration or during the challenge, the Organizers have the right to demand the restitution in kind or damages of the endowment received.
ARTICLE 4 – REGISTRATION AND ACCESS TO THE CHALLENGE
4.1 For his/her Registration to the Challenge, the Participant must open a user account on the website www.studyka.com and must indicate the following:
- a valid email address;
- an available login;
- a password.
To validate this Registration to the Challenge, the Participant must also accept the Regulation, Competition Rules, Terms and Conditions provided by the Organizing Company.
A confirmation email containing an activation link is sent to the Participant’s listed email address.
Once the account is activated, the Participant must provide the information listed below:
- Title ;
- First Name ;
- Last Name ;
- Date of Birth ;
- Nationality ;
- Education ;
- School ;
- City ;
- Country ;
Other information can be freely completed on the Participant’s profile in the account settings.
Once his/her account is activated, the Participant is able to register to the challenge by applying to join an existing team or by creating his/her own team.
To end their Registration in the challenge, the Participant must opt-in on the box indicating that he/she accepts the Challenge Regulations.
4.2 Any Registration containing wrong or incomplete information shall not be taken into account and shall disqualify the Participant.
4.3 By registering, the Participant accepts to be contacted through emails sent by Organizers during his/her participation in the Challenge. He/she also accepts to be contacted by phone, if he/she is part of the preselected participants or the Winners.
4.4 The use of a computer is needed to access the challenge with the material configuration and device hereinafter:
- Processor 1 GHz or higher with 1 GB of RAM or higher memory;
- Screen resolution of 1024 by 768 pixels with 65,536 colors;
- Browser accepting cookies and execution of JavaScript functions: it is recommended to use Internet Explorer 7 or higher, or Firefox3.5;
- Flash Player Version 9.045, except in special cases that the participant will be notified on the homepage of the Contest;
- The sound card is recommended but is not required for participation in the Contest.
4.5 The Challenge is available 24 hours a day on the website www.studyka.com published by the Organizing Company with the link <www.studyka.com/TarkettChallenge> subject to possible maintenance operations on servers of www.studyka.com or dysfunctions such as those mentioned in Article 16.
ARTICLE 5 – DURATION OF THE CHALLENGE
5.1 The participation in the challenge is scheduled from November 16th 2015 at 10:00am to January 17th 2016 at 11H59pm.
5.2 Every date clearly defined in these rules and the challenge is in the Paris time zone (GMT +1)
5.3 No extra time or exception will be offered to any Participant for any possible reason.
ARTICLE 6 – GUIDELINES
6.1 The Challenge consists of making contributions by participants, formed by three (3) deliverables, which is in accordance with the requirements listed in Article 7, 8 and 9, during the Preselection and the Selection steps which are treating about:
"Rethink your favorite living place by proposing new floor transition experience"
6.2 Those Deliverables must absolutely respond to the Challenge issue and rules described in the tab “Brief” on the challenge page at the website <www.studyka.com/TarkettChallenge>.
6.3 Each recommendation is exclusively and exhaustively composed of three Deliverables:
- The Preselection Deliverable mentioned in Article 7 subjected to the terms to the terms of article 7
- the Final Deliverable mentioned in Article 8 subjected to the terms of article 7.
- The Final Jury Deliverable mentioned in Article 9 subjected to the terms of Article 7.
The Organizers will not accept and will not take into account any other documents submitted by the Participants.
ARTICLE 7 – PRESELECTION STEP GUIDELINES
7.1 The Preselection step is scheduled from November 16th, 2015 at 10H00am to January 17th 2016 at 11H59 pm.
7.2 During this period until January 17th 2016 at 11H59 pm the teams will have to send by Upload in their online space, their Preselection Deliverable made of :
- A team presentation available at < www.studyka.com/TarkettChallenge>
- The preselection file, showing their reflexion and available at <www.studyka.com/TarkettChallenge>.
7.3 A Preselection of Teams will be preselected and will be realized on the basis of this Preselection Deliverable, in accordance with Article 11
ARTICLE 8 – SELECTION STEP GUIDELINES
8.1 The selection step is scheduled from January 25th, 2016 to February 21st, 2016 at 11H59pm
8.2 A maximum of thirty (30) teams selected at the end of the Preselection process will be able to participate to the final step.
8.3 These teams will have until February 21st 2016 at 11H59pm to download their Final Deliverable, containing at least a detailed presentation of their project, on their team space.
8.4 A selection between all selection step participating team will be done based on this Final Deliverable according to Article 11.
ARTICLE 9 - TERMS OF THE AWARDS
9.1 Only five (5) teams selected after the selection step will participate to the final jury and the awards ceremony.
9.2 This final phase will be an oral presentation of the Final Deliverable by team members in the premises of the Partner Company, planned on March 2016.
9.3 A filing of cinq (5) teams, participating in the final step will be made on the basis of this oral presentation of the Final Deliverable in accordance with Article 11.
ARTICLE 10 – THE DELIVERABLES CHARACTERISTICS
10.1 Deliverables must comply with the rules and the directives set by the Partner Company found under the tab “Brief” on the page of the Challenge at the website <www.studyka.com/TarkettChallenge>.
10.2 These deliverables must be sent in a common digital format such as: DOC/DOCX/PDF/PPT/PPTX/KEY/ODT/MP3/MPEG/MOV
10.3 In case of difficulties or failures to read the Deliverable, Participants of the concerned Team have the responsibility to rectify before the Deliverable deposit end date of the current step and in a maximum three (3)-day delay as from this date. If the delay is passed, the Team in question will be disqualified from the Challenge.
10.4 Each Participant grants that the content of the deliverables are only their contributions from their team. If it appeared that contribution are from a third party all participant from concerned team may be disqualified.
ARTICLE 11 – SELECTION PROCESS
11.1 The challenge is divided in two selection processes:
- Preselection: organized a the end of the Preselection step;
- Selection: this final step is organized at the end of the selection step;
11.2 Each of these selection steps is based on the criteria of: innovation, relevance, quality, originality, framing and consistency with the theme of the Challenge. Under no circumstances are taken into account factors relating to the person's appearance, gender, religious or trade union, political opinions or sexual orientation of the participants. The selections will not result in any way, whether directly or indirectly, by chance or luck.
11.3 A Selection jury composed of prestigious members with necessary qualifications and skills to evaluate the quality of the participants‘ deliverables, will be responsible for:
- Selecting, after the preselection step, up to thirty (30) teams on the basis of the Preselection Deliverable.
- Selecting, after the selection step, up to five (5) teams on the basis of the Final Deliverable.
Each pre-selected or selected participant must respond to the email sent by the Organizing Company announcing the selection of the team before the deadline specified in the message. Otherwise, the Organizers reserve the right to disqualify the defaulting Participant’s Team.
11.4 A Final Jury, composed of members of the Partner Company will be in charge of ranking the five (5) winning teams, at the end of the final step.
11.5 The Nomination made by the Final Jury will be announced on the day of the oral presentations.
11.6 Teams Pre-selection, selection and Nomination are conditioned to a minimum of eight (8) uploaded recommendations meeting the Partner Company’s editorial and technical requirements set out in its Brief. The presence of a minimum of eight (8) recommendations is justified by the need for the Partner Company to have a sufficient choice to conduct a fair nomination of the winning teams. The Partner Company will be entitled to cancel the Challenge in the event that there would be less than eight (8) recommendations at the end of the pre-selection.
ARTICLE 12 – ENDOWMENTS
12.1 Prizes referred to this Article are the counterparts of:
- The delivery of a Pre-selection and selection Deliverable which quality has been recognized by the Selection Jury.
- Acceptance and respect for each winner of Article 13 on Intellectual Property;
- Acceptance and respect for each winner of Article 14;
No Prize can be delivered to the winners if they do not meet these three conditions.
12.2 Any prize granted at the end of the challenge is subject to, and is performed only when subjected to:
- The full respect of the rules set out in Regulations;
- The presentation by each winner of an identity card proving their majority at the time of registering to the Challenge and a student card not more than three (3) years old from the beginning of the school year at the date of the inscription (2015-2016)
12.3 Only the five (5) teams rewarded by the Final Jury at the end of the finals will receive a Prize.
12.4 One Prize will be granted to each of the five (5) ranked teams.
12.5 Every Participant recognizes and accepts that the Prize cannot give rise to contesting of any kind, to a request of delivery of their monetary exchange value, nor to their replacement or exchange for another Prize whatever the reason is. The Prize is not transferable and the Participants are informed that the sale or the exchange of the Prize is forbidden.
12.6 In case of unavailability of a Prize, the Partner Company will be free to substitute a prize of a similar value, of the same or a different brand, or its exchange value in cash for the discretion of the Partner Company.
12.7 Every Participant recognizes and accepts that the Partner Company will not be held responsible, in any case, for the dysfunction of the Prize or for any harmful consequence undergone by the Winner or any third party because of the Prize.
12.8 Every Participant recognizes and accepts that the Partner Company is only committed to the delivery of the Prize awarded to the Winners. As a consequence, all the extra costs related to these Prizes or the overheads linked to the accession to ownership of these Prizes will stay at the expense of the Winners. Therefore, neither coverage nor refund will be owed.
12.9Winners will be informed of their award by an email sent by the Partner company to the address communicated during the creation of their account on www.studyka.com within the 15 days following the day where the final ranking is made by the jury. The participant commits him(her)self to respect directives indicated in the email. In the event of a winner not succeeding in taking his prize, for reasons outside the control of the Partner company, in a delay of two (2) months from the reception of this email, the Partner company has the right to declare this award as not attributed to this winner.
12.10 Winners of the five (5) teams will be granted with the following prizes, according to their ranking, with the precision that team No.1 is better than team No.5, which is considered the last of the five (5) final teams, ranked by the final jury:
Price for team No. 1
For the team: A 3000€ gift package (maximum value) which may include a creative immersion at Tarkett, travel, gift vouchers.
Price for team No. 2
For the team: A 2000€ gift package (maximum value) which may include a creative immersion at Tarkett, travel, gift vouchers.
Price for team No. 3
For the team: A 1000€ gift package (maximum value) which may include a creative immersion at Tarkett, travel, gift vouchers.
Price for team No. 4
For the team: A 1000€ gift package (maximum value) which may include a creative immersion at Tarkett, travel, gift vouchers.
Price for team No. 5
For the team: A 1000€ gift package (maximum value) which may include a creative immersion at Tarkett, travel, gift vouchers.
ARTICLE 13 – INTELLECTUAL PROPERTY
13.1 Definitions
Intellectual Property Rights: refers to any Invention, copyright and law regarding a brand, a model, and more generally to any element subjected to law protection or international agreements on the intellectual property.
13.2 All trademarks, logos, and other elements related to the partner company or Tarkett are the exclusive property of the partner company or Tarkett. Participation in the Contest does not confer any right of use or other on these intellectual property elements.
13.3 Each Recommendation and / or Deliverable, that involve several participants constitutes a work of collaboration under the article L 113-2 and following the French Code of intellectual property. The Participant warrants that he is co-author and co-owner of the intellectual property rights attached to all or part of the Recommendation and Deliverables (collectively the "Deliverables") submitted in the context of the competition by the team he is part and that holds all the rights related to the Deliverables, including intellectual property rights.
13.4 Recommendations and deliverables are confidential. Each Participant agrees not to disclose any Deliverable and any Recommendation to a third party and undertakes, even for free, not to reuse, modify, publish, reproduce, distribute, transfer or use all or part of the recommendations and / or deliverables without prior written permission of partner enterprise.
13.5 Each Participant agrees to give exclusively all intellectual property rights of the Deliverables to the Enterprise Partner and transmit to the Enterprise Partner description or any other documents necessary for the realization of such assignment. The Business Partner will benefit alone of all rights attached to such Deliverables and will freely dispose.
In the case of the Deliverables will be in whole or partly protected by copyright, it is specified, to satisfy the provisions of the Code of intellectual property, that the rights given include all economic rights related to the right to author and include:
· The right to reproduce or make reproduce the Deliverables without limitation of number, in whole or in part, by any means and processes, in all media, present or future, known or unknown (including paper, magnetic, electronic, computer or digital, etc.);
· The right to represent or be represented Deliverables, any new version or adaptation of these Deliverables by any means of distribution and communication, present or future, known or unknown (especially on line telecommunications network, television, telephony , by radio transmission, satellite, cable, etc.) and especially on web sites (YouTube, etc ...), social networks, for brand communication operations, etc ...;
· The right to change, to adapt or make someone adapt, modify or make changes, corrections or to correct, in whole or in part, the Deliverables;
· The right to translate or make someone translate Deliverables, in whole or in part, in any language, and reproduce the ceremony film resulting in all media, present or future, known or unknown (including paper, magnetic, electronic, computer or digital);
· The right to market, distribute, sell, distribute Deliverables, by any means, whether against payment or free of charge;
. The right to make any use and exploit the Deliverables for the purposes of its own activities or for the benefit of third parties, in any use whatsoever.
This transfer is granted for the legal duration of the rights, for worldwide destination, without limit, for all purposes and known or future exploitation and whatever the support. The Winner further states do not wish to avail himself of the moral right attributes he may have on the Deliverables nor his paternity on Deliverables.
The Participant agrees that the price of the transfer is included on flat-rate basis and definitively in the value of Lot that was presented and that he shall not claim any additional amount in any capacity whatsoever. Furthermore, the Participant guarantees the partner Company that he has not made and will not make any deposit on the Deliverables.
The Participant guarantees that the results are not a forgery, and that this assignment does not infringe rights of third parties, whoever they are. The Participant guarantees the Partner Company and its affiliates, as well as the Organizer against any action, claim, demand or opposition from any person claiming an intellectual or industrial property right or an act of competition and / or parasite which the present cession would undermine
ARTICLE 14 – USE OF WINNERS INFORMATION
14.1 Each Participant authorizes the Company, assuming he would be designated winner of the Challenge, to use his name, first name, city of residence and his department and, if necessary, photography, in any promotional event on the websites of the Organizing Company and the Partner Company and any site or affiliate support, without this use can open right to any compensation other than the Lot awarded.
14.2 Each participant authorizes the Company to use the name, description of the work, and if necessary performed all visual and physical work during the competition in any promotional event on the websites of the Company and any site or affiliate support, exposition and any event carried out by the Company, without this use can open right to any compensation other than the assigned lot. In the other hand, the Company agrees to specify on these materials and during these events the names of the creators of the works used.
ARTICLE 15 – REIMBURSEMENT OF PARTICIPATING COSTS
15.1 Participants can obtain the refund of Internet connection fees for the participation in the Challenge, on the fixed basis of 9 minutes flat connection, which corresponds to €0.66 including VAT, as well as the reimbursement of postage fees incurred for reimbursement claim and/or any written request to obtain the regulation (based on the going rate – slow rate 20g).
15.2 Participants’ holders of a connection to the Internet whose subscription fee is not proportionate to the connection time (subscriptions "unlimited" cable, DSL etc.) will not be entitled to any refund because the participation of the Challenge does not cause them any additional charge.
15.3 Each request for reimbursement must be sent in a written version before January 31st, 2016 (date as per postmark), to the following address:
STUDYKA
5 rue des Suisses
75014 PARIS
FRANCE
Request cannot be done by phone or by e-mail.
15.4 The request of repayment will necessarily have to, at the risk of refusal, contain the following elements:
- Full contact details of the Participant (name, first name, address, zip code, city, Studyka login and e-mail);
- Bank details or account details;
- Where necessary, the precise claim to obtain the Regulation and repayment of the stamp used in the aforementioned price rate;
- Where necessary, the precise request of reimbursement of connection fees with date and time of connection to the Challenge site for the participation in the Challenge and the itemized bill from the telephone operator and/or the access provider to which he(she) has subscribed, revealing the date and time of his/her connection to the site of the Challenge for a given period, when he/she will have taken care of highlighting.
15.5 Any request of reimbursement over the deadline, incomplete or inaccurate will be refused.
15.6 Only one reimbursement per person (same name – same address) will be accepted.
15.7 The reimbursement will be processed through a bank transfer on the account indicated during the request after the check of the legitimacy of the request and within a time-limit at the organizers’ sole discretion.
ARTICLE 16 – Liability
16.1 The liability of the Organizing Company and the Partner Company cannot be engaged in the event of a breakdown or dysfunction of the used telecommunication network, whatever the cause is, which would in particular have the effect of damaging or preventing the identification or access of the Participant to www.studyka.com Website or any other Website useful to the participation in the Challenge.
16.2 The participation in the Challenge implies knowledge and acceptance of the characteristics, limitations and risks of the Internet network and the technologies which are linked to it, particularly in consideration of the performances, in response time, in the security of the software and the computer hardware towards diverse potential attacks such as virus, logic bomb or Trojan horse and in the loss or in data breaches. As a consequence, the Organizers cannot in any case be held responsible for the damages caused to the Participant because of these accepted characteristics, limitations and risks.
16.3 The Organizers cannot in any case be held responsible for the damage caused by the defected or delayed delivery of the Deliverables, especially for the refusal of consideration of these Deliverables because of a submission over the deadline fixed in the Regulations, by the defect or the delivery time of any e-mail sent during the Challenge or by any change in the Deliverables regardless of the fact of the Organizers.
16.4 The Organizers cannot be held responsible in case of total or partial modification, suspension, interruption, adjournment or cancellation of the Challenge for reasons beyond their willingness. In such instances, the Organizing Company will inform as soon as possible the participants by a mention on the website www.studyka.com or on the blog Studyka.
16.5 The Organizers cannot be held responsible for the consequences of a disqualification of a Participant because of his violation of the Regulations.
16.6 The Organizers shall not be liable for any trouble, action, claim, objection, claim related to the use of the Deliverables of the Partner Company not foreseen by the Regulations or in connection with the negotiation, execution or performance of contracts that the Partner Company would sign with the Participants, therefore there was no direct intervention of Service.
16.7 In any case, the Organizers will not be held responsible for the delivery-time of the Prizes nor for the impossibility for a Winner to benefit from his/her Prize due to circumstances beyond the Organizers’ willingness. The liability of the Organizers cannot be engaged in case of loss and/or deterioration of the Prize by post or any third similar service provider and more generally if the Winner does not receive his/her Prize. The liability of the Organizers cannot be engaged in case of incidents or damages of all kinds, which could arise because of the use of the granted prize and/or because of its use.
ARTICLE 17 – PRIVACY
17.1 Is considered as “Confidential Information”, in the sense of the present arrangement, all the material or immaterial information of whatever nature, in particular administrative, commercial, scientific, technical, financial, fiscal nature, which was, is or will be communicated by the Partner Company to the Participant, directly or indirectly, and in a non-exhaustive way, orally, in writing whatever the support is, by delivery of paper or electronic documents.
The following information is not considered confidential: (i) The currently accessible information or becoming accessible to the public without breach to the terms of the Regulations by the Participant, (ii) The information legally held by the Participant before their disclosure by the Partner Company, (iii) The information not resulting either directly or indirectly from the use of all or part of the Confidential Information, (iv) The information validly obtained close to a third party authorized to transfer or to reveal the aforementioned information.
17.2 During the duration of the Challenge and during a period of five (5) years after the end of the Challenge such as planned in Article 5, The Participant makes a commitment to:
(i) Not using the Confidential Information for any other purposes than the participation in the Challenge in the conditions of the Regulations;
(ii) Taking any necessary, useful and reasonable precaution to protect the Confidential Information;
(iii) Not Revealing the Confidential Information to whomever, by any means whatsoever, except to the other members of his/her Team;
17.3 At the end of the Challenge, at the term expiry date indicated to Article 5 or of their cancellation, the Participant will immediately have to hand over to the Partner Company all the Confidential Information, whatever the format is, obtained during the Challenge. The Participant forbids himself from keeping copy in any form whatsoever, without the express, prior, written consent of the Partner Company.
ARTICLE 18 – DATA PROCESSING AND CIVIL LIBERTIES
18.1 The participation in the Challenge requires the communication of the Participant’s personal data mentioned in Article 4.
18.2 This data can be modified by the Participant at any time.
18.3 The data mentioned in the present Article is subject to an automated processing in the sense of the law n°78-17 of January 6th, 1978 for which the Organizing Company, and possibly the Partner Company, is alone to define the means and the purpose, and is responsible, in this respect, for this processing in the sense of the aforementioned law.
The purpose of this processing is:
- To organize the intermediation between the Participant and the Partner Company; and
- To ensure the identification, communication and preservation of the exchanges with the Participant; and
- To carry out anonymous market studies by the Organizing Company or a third-party.
18.4 The addressees of this data are the Organizing Company and the Partner Company.
18.5 According to provisions of the law n°78-17 of January 6th, 1978, the Participant is informed that the personal data processing that was carried out was declared by the Organizing Company to the Commission Nationale de l'Informatique et des Libertés and the receipt of said declaration was delivered under the number 1495245 v 0.
In this respect, the Organizing Company made a commitment to protect all the personal data of the concerned people. This data is collected and processed by the Organizing Company with the strictest respect and protection of confidentiality, according to the law of January 6th, 1978.
18.6 According to the provisions of the articles 38, 39 and 40 of the law n°78-17 of January 6th, 1978, the Participant has, at any time, the right to:
- Oppose to the collection and to the processing, by the Organizing Company, of his or her personal data; and
- Oppose to the communication of this data to third-parties; and
- Get access to all his or her personal data processed by the Organizing Company; and
- Rectify, update and delete his or her personal data processed by the Organizing Company.
To exercise his or her rights in compliance with the law n°78-17 of January 6th, 1978, the Participant has to send a registered letter with acknowledgement of receipt mentioning clearly his identity and the object of his request to:
STUDYKA, 5 rue des Suisses – 75014 Paris – FRANCE;
18.7 With regards to the possible set-up of cookies (or witnesses of connection) on the Participant’s computer during his browsing on the Organizing Company’s website, the Participant is invited to consult the Regulation and Competition Rules, Terms and Conditions available on the website www.studyka.com and to accept it prior to the opening of an account necessary to participate in the Challenge.
ARTICLE 19 – REGULATIONS
19.1 The participation in the Challenge and the awarding of a Prize require the full agreement and the full respect of the Regulations in all its terms. The Organizers reserve the right to disqualify, without delay and without compensation, any Participant that does not satisfy the present clause.
19.2 The Organizers reserve the right to modify at any time the terms of the Regulations, including the duration of the Challenge, and the application and validity of said modifications do not require any notification to the Participant. The Participant is invited to read the Regulations on a regular basis. The Participant expressly renounces any complaint or reclamation linked with any modification brought to the Regulations by the Organizers.
19.3 The Regulations are registered with Stratégies Networks - www.reglement.net at
11 avenue des Magnanarelles, 13170 Les Pennes Mirabeau.
The Regulations are also available for consultation online on the website www.studyka.com.
A copy of these Regulations can be requested for free and with the reimbursement of the stamp used in the conditions of Article 15.
ARTICLE 20 - CANCELLATION AND SUSPENSION OF THE CHALLENGE
20.1 The Partner Company reserve the right to cancel or suspend the Challenge in the case of:
force majeure; or
fraud in any form whatsoever; or
situations described in article 11.6 hereinabove.
20.2 The Organizers cannot be held responsible for the cancellation or suspension of the Challenge according to the present article and neither compensation nor damages will be due to the Participant.
ARTICLE 21 – INDEPENDENCE
21.1 The registration and the participation in the Challenge do not, in any way, constitute a link of subordination between the Organizers and the Participant.
ARTICLE 22 – CLAIMS
22.1 Any claim by the Participant must be sent in writing, 30 (thirty) days after the ending date of the Challenge at the latest.
22.2 Claims with regards to the functioning of the website www.studyka.com must be sent in writing to the following address:
STUDYKA
5 rue des Suisses
75014 PARIS
France
22.3 Claims with regards to the progress of the Challenge and to the sending of the Prizes must be sent in writing to the following address:
STUDYKA
5 rue des Suisses
75014 PARIS
France
22.4 To avoid being immediately rejected, any claim has to contain:
- Full contact details of the Participant (last name, first name, address, zip code, city, Studyka login and e-mail);
- The identification of the concerned Challenge;
- The clear and elaborate presentation of the circumstances and motives for the claim.
ARTICLE 23 - PRELIMINARY RECONCILIATION
23.1 In case of persistent dispute after the Participant has made a complaint in compliance with Article 22 hereinabove, the Organizers and the Participant agree to submit their dispute to an amicable settlement negotiation before any court proceedings.
23.2 The party wanting to initiate an amicable settlement negotiation must inform the other party by sending a registered letter with acknowledgment of receipt specifying the intentions and causes for the claim.
23.3 If no agreement is reached between the parties within 30 days of the reception of the registered letter, the parties regain their freedom of action.
ARTICLE 24 - APPLICABLE LAW
The Regulations and the Challenge are subject to French law.
Disputes arising the interpretation and / or enforcement of this regulation and competition are under the jurisdiction of the Tribunal de Grande Instance de Paris.
