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General Rules for Competitions and Contests

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General Rules for Competitions and Contests

INTRODUCTION

Visual Kit organizes competitions on the theme of tactile 3D on the site www.visualkit.com (hereinafter the “WebSite”), from 30 May 2011 and for an undetermined duration, free and without obligation to purchase (hereinafter the “Contest”) under the terms of this regulation, also available at the following address http://www.visualkit.com/competition_rules.pdf

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING. COMPETITION VOID WHERE PROHIBITED.

All information about competitions in progress are available on the WebSite at http://labo.visualkit.com/competitions/ (hereinafter “Visual Kit Lab”) and the rules common to all competitions are described in this regulation.


ARTICLE 1: COMPETITION ADMINISTRATOR

philippe hayer, corporation exempt from registration in the Commercial and Company Register (Registre du commerce et des Sociétés, RCS) or in the Trades Register (Répertoire des Métiers, RM), SIRET 532 218 187 00013.(hereinafter the Competition Administrator)

Address : philippe hayer
26 bat J Rue Paul Rivet
92350 Le Plessis Robinson
France

Visual Kit is a registered trademark at INPI under number 10 3 748 311.


ARTICLE 2: ELIGIBILITY

2-1 The Competition is open to any individual (hereinafter the Participant) legally responsible, benefiting an email address and private access to the Internet providing a connection time and data volume unlimited, or at least reasonably limited as part of a monthly subscription, offering a rate sufficient to use the site visualkit.com and any site needed for the Competition and the fact that, for the Participant, to connect to the Web site of the Competition Administrator or its partners and participate in the Competition, it incurs no additional costs relating to the global use he makes of the Internet. In the event that the Participant is underage, he declares and acknowledges that he has received authorization to participate from the holder of the parental authority and that holder of the parental authority has agreed to guarantee compliance on the part of the Participant with all of the provisions hereof. Any underage participate under the full responsibility of holders of parental authority. In the event that a legal entity would participate in the Competition, it will be represented by an individual meeting the above criteria. In the event that the Participant is a group of individuals, each group member is considered a Participant and must adhere fully and completely with this regulation.

2-2 Employees of the Competition Administrator, the participating sponsors and their respective parents, subsidiaries and affiliates, and their immediate family members (defined as parent, spouse, child, siblings and grandparents) are NOT eligible to win.

2-3 Will be disqualified the Participant who has not given its coordinates and complete identities or who have provided inaccurate one or of misleading manner, as the Participant refusing collections, records and uses of nominative information concerning him and strictly necessary for management purposes of the Competition.

2-4 Participation in the Competition implies Participant's full and unconditional acceptance of these rules and any specific rules (hereinafter Specific Rules) associated with the Competition. The non-observance of said rules or Specific Rules implies automatic cancellation of participation and exclusion of the awarding of prizes.

2-5 If in the Competition one of the prize is in cash, the Participant must have a bank account which can be credited by a money transfer from a French bank. Otherwise, the Participant agrees to give up its prerogatives on the prize in cash, which becomes the property of the Competition Administrator.

2-6 All registrations will be subject to:

  • a subscription to EMAO workshop,
  • a subscription to the competitions group of Visual Kit Lab. The Participant will have to copy his user ID of the EMAO workshop to the corresponding field of his Visual Kit Lab profile to indicate his full agreement to these rules,
  • and any other recording specified in the Specific Rules.

2-7 The Participant agrees to fill in honestly and in good faith, with valid data, the fields of registration forms that are presented on the Site or the Sites partners.

2-8 All incomplete, inaccurate or fanciful subscription will not be taken into account. The Competition Administrator reserves the right to carry out any checks to the successful implementation of this article. The Competition Administrator reserves the right to carry out any checks to the successful implementation of this article. The Competition Administrator assumes no responsibility for the reception or non-reception of data, for whatever reason.

2-9 The Participant authorizes any checks on his identity, age, postal address or the loyalty and sincerity of its participation. As such, the Competition Administrator reserves the right to request a copy of the official identity card of the Participant winner before sending the prize. Any misrepresentation, false identity or address results in the immediate elimination of the participant and the appropriate reimbursement of prizes already delivered.

2-10 By the simple fact of accepting the prize, the Participant winner authorizes the Competition Administrator to use its name, and an indication of his country, his city and its department of residence in any advertising promotion on the WebSite of the Competition Administrator and any site or affiliate or partner support, without this use of law and open to compensation other than the prize.

2-11 For all its participations, the participant should be able to communicate in understandable English or French, or any other language allowed in the Specific Competition Rules.

2-12 Whatever his nationality, the Participant agrees that these rules, the Specific Rules and the Competition are subject to the provisions of French law and that French courts have exclusive jurisdiction.


ARTICLE 3: QUALIFICATION PROCEDURE

3-1 Each Competition is announced on page http://www.visualkit.com/competitions_in_progress.pdf with, for each Competition, and without limitation:

  • The name identifying the Competition
  • start date
  • end date to submit participations
  • a link to the Specific Competition Rules which will contain the following articles
    • Object of the competition
      • Introducing the objective of the Competition
    • Technical constraints
      • Presentation of any technical constraints that must meet the participants
    • Evaluation Key Points
      • Presentation of the evaluation process of participations
    • Who can participate?
      • Presentation of the different categories of participants, supplementary to section 2 of this Regulation.
    • Prizes
      • Description of prizes
    • Deposit process
      • Presentation of the different steps to register and participate in the Competition.
    • Key Dates
      • Presentation of the different dates punctuating the operation of the Competition.
    • Selection board
      • Presentation of the jury assigned to select the winner of the Competition.

3-2 Involvement and selection of the winners are bound to the following conditions:

  • Compliance with this Regulation
  • Compliance with the Specific Rules

Any failure to fulfill any of the rules in the cumulative conditions set above results in the participant's removal from the Competition.

3-3 After checking the eligibility of winners and compliance with this Regulation, the Participants will be assessed by the selection board designated by the Specific Rules according to the criteria defined in Section Evaluation Key points of the Specific Rules. Any criterion subject to scale valued at zero (0) or any criterion not subject to scale that is not respected involves the removal of the Competition for the Participant .

3-4 The winner of a Competition will be the one with the most points. If several categories are defined in a Competition, the winning entrant in each category will be the one with the most points in its category. Participant overall winner will be the one with the most points across all categories.

3-5 The nominated Participant will be contacted by email by the Competition Administrator. The list of winner(s) will be published on the WebSite.

3-6 The designation of the winner of a Competition leads to the end of the referenced Competition.


ARTICLE 4: CLAIM OF PRIZES

4-1 Prizes associated with the Contest consists of:

  • Subscriptions to the workshop EMAO as presented in the public rate seen at http://www.visualkit.com/subscription_prices.html .The top prize in terms of number of subscriptions that can be attributed to a participant winning a Competition is the maximum number of subscriptions that can be ordered in an online order form, for the considered subscription type.The details of the prizes is described in the Specific Rules in Prizes section.
  • Possibly a prize in cash, which amount is defined in the Specific Rules in Prizes section, and paid by bank transfer.
  • The value of the prize that can receive a Participant is between 1 (one) and 20,000 (twenty thousand) euros without VAT.

4-2 To claim his (their) prize (s), Participant shall provide by return e-mail announcing his nomination, and within 8 calendar days:

  • A copy of valid identification. The underage participant, will also provide a copy of the identity of a parent or the holder of the parental authority and a signed parental permission manuscript, written in French or English, in digital format.
  • if cash prize, a bank account number (IBAN). The absence of this document implies the renunciation of prize in cash, which becomes property of the Competition Administrator.

4-3 Then, the winning Participant will be deemed to have accepted his (their) prize (s).

4-4 All information for the issuing of prize will be fully consistent with information recorded during the registration process of the Competition.

4-5 Otherwise, the Competition Administrator reserves the right to cancel the award of the prize.

4-6 If within 8 calendar days (as evidenced by the date and time of sending the message as contained within the information system of the Competition Administrator which sent the message.) after sending the mail mail informing the player of his gain, Competition Administrator did not receive the required documents, a second message will be sent by email to the Participant.

4-7 If after a further period of 8 calendar days after sending the previous email (as evidenced by the date and time of sending the message as contained within the information system with the Competition Administrator sent the message,), the Competition Administrator has not received the required documents, the gain will automatically revert to the property of the Competition Administrator, and no returns will be accepted.

4-8 The Participant whose prize is one or more access to EMAO workshop will see his user account, reported during the registration process of the Competition, credited, within three (3) to twelve (12) weeks after the date of designation of the winner on the Website, with the corresponding access level as it is describe in the Specific Rules and will be notified by email.

4-9 Participant whose prize is in cash will receive by bank transfer to the account corresponding to the RIB / IBAN sent when claiming his prize, within three (3) to twelve (12) weeks after the nomination date of the winner on the site, an amount corresponding to the prize indicated by the Specific Rules and will be notified by email.


ARTICLE 5 - INTELLECTUAL, LITERARY AND ARTISTIC PROPERTY RIGHTS

5-1 Each participant declares that every element that makes up its participation in the Contest is either free of any right or either respect the rights of owners of the item that he uses.

5-2 Accordingly, each Participant agrees to be personally responsible for any claim, suit, dispute or any action that may arise from any third parties whatsoever, whatever the basis, including but not limited to: in respect of property of intellectual property rights (copyright, neighboring rights, trademarks and designs) and / or rights of personality and / or as component parts of its participation in the Competition against the laws and regulations, including, but not limiting the public order, morality, respect for the dignity of the human person, of privacy.

5-3 Unless otherwise stated in Specific Rules, each Participant assigns to the Competition Administrator all exploitation rights for each documents or products transferred on the Site (right of reproduction, representation and adaptation) for the whole world as specificity of the Internet, and for the duration of intellectual property rights.

5-4 By entering the Contest, each Participant authorizes the Competition Administrator to publish on the Site the contents of its participation for the Competition , as well as partner sites, affiliated or any useful site, especially to communicate publicly about the organization, content and result of the Competition.


ARTICLE 6: AMENDMENT AND CANCELLATION

The Competition Administrator reserves the right to cancel, shorten, extend, suspend, modify or postpone the Contest at any time if circumstances require, without liability being incurred on these heads. Wherever possible, the amendment or change will be announce by an information, prior to or after the event, on the Site or by email send to participants.


ARTICLE 7: PERSONAL DATA

7-1 All data that Participants communicate on the Site are only for the Competition Administrator, responsible for processing.

7-2 The Site www.visualkit.com is declared to the CNIL under the number 1038919.

7-3 In accordance with Article 27 of Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms, the participants in the Competition have a right of access, rectification and deletion of data relating to the Site by writing to the address of the Competition Administrator or by sending an email to the following address contact@visualkit.com.


ARTICLE 8: REIMBURSEMENT OF EXPENSES

8-1 Considering the services currently available to Internet users, based on a free or fixed cost access, which allows an Internet connection whose cost is negligible to enter the Contest, and considering conditions for registration in the Contest implies an Internet connection which there is no extra cost to enter the Competition, and considering against cost to the Participant that constitutes the delivery of mail demanding a refund of connection fees for registration in the Competition, the Competition Administrator establish that no disbursement is required to enter the Competition.

8-2 Considering the services currently available to Internet users, based on a free or fixed cost access, which allows an Internet connection whose cost is negligible to participate to the Contest, and considering conditions for registration in the Contest implies an Internet connection which there is no extra cost to participate to the Competition, relating to the global use the Participant makes of the Internet, the Competition Administrator establish that no disbursement is required to participate to the Competition.

8-3 Considering that access to this regulation in electronic format is via the internet and considering that in case of impossibility for the Participant to access via the internet to these Regulations or the Specific Rules, the Participant, in light of Section two (2), can not enter the Competition, and in light of general practices promoting the use of electronic records to the detriment of paper documents to preserve the planet's resources, the Competition Administrator establish that no disbursement is required to access to this regulation or the Specific Rules.

8-4 No disbursement being necessary to enter or participate in the Contest, or obtain this Regulation or the Specific Rules, or contact the Competition Administrator, no refunds will be issued on that ground.

8-5 Any objection or litigation made ​​by the Participant that shall not be resolved amicably by exchange of emails will be done by registered letter with acknowledgment of receipt charged to the issuer of the letter, no refund will be made ​​on that ground.


ARTICLE 9: LITIGATION

9-1 Any question of interpretation or application of this Regulation or the Specific Rules, or unexpected question that comes to arise, will be settled by the Competition Administrator in accordance with French law.

9-2 Any litigation or disagreement over the Competition, this Regulation or the Specific Rules which can not be settled amicably shall be made ​​by registered letter with acknowledgment of receipt within ten days from the end of the Competition (as evidenced by the postmark). It is addressed to the Competition Administrator.

9-3 Any litigation that can not be settled amicably shall be brought to the competent courts designated by the French Code of Civil Procedure. Similarly, it is the responsibility of the not French participant to ensure that participation in the Contest is consistent with the laws of his country and take over and assume full responsibility and all legal consequences of his country regarding its participation in the Contest. Accordingly, the Participant agrees fully that any litigation arising out from this situation will be settled only by a French court.

9-4 The Competition Administrator may take advantage, except in the case of manifest error, in particular for evidence, of any act done or omitted, of programs, data, files, records, operations and other items (such as monitoring reports or other report) of nature, format or medium, computerized or electronic, prepared, received or retained directly or indirectly by the Competition Administrator, particularly in its information systems.

9-5 Participant agree not to contest the admissibility, validity or evidential value of the elements of nature, format or media,computerized or electronic above, on the basis of any legal requirement whatsoever and which specify that certain documents must be written or signed by the parties to constitute an evidence. Thus, the elements are considered evidence and, if produced as evidence by the Competition Administrator in any litigation procedure or otherwise, they will be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same evidential value as any written document created, received or retained.

9-6 In case of dispute over translation, made ​​available by way of usability, of these Rules, the Specific Rules, or any other document involved in the Competition, only the French version will prevail and is the reference for any translation.


ARTICLE 10: LIMITATIONS OF LIABILITY

10-1 The Competition Administrator shall not be held liable if the winning entrant can not be contacted for any reason beyond their control.

10-2 The Competition Administrator can not be held liable for abusive or defamatory, violations of intellectual property rights or any other conduct contrary to morality or ethics of the Internet that could have a Participant. Any participation made by a Participant is done under his full responsibility.

10-3 The Competition Administrator can not be held liable if, by his will or for reasons of force majeure beyond his control, the Competition was partially or completely modified, postponed or canceled. No exchange value of the prizes will be offered as compensation.

10-4 The liability of the Competition Administrator on offered prizes is expressly limited to the description of these prizes in the Regulation, excluding any liability whatsoever. However, and as this is a competition for free and without any obligation to purchase, it is expressly agreed, under of section 1152 of the Civil Code, the Liability of the Competition Administrator is limited - if it were to be sought - a lump sum of between one euro and the commercial value of a subscription for an access to the EMAO workshop for an individual for a period of twelve (12) months according to the public rate available to http://www.visualkit.com/subscription_prices.html .

10-5 Participation in the Competition implies knowledge and acceptance of the characteristics and limitations of the Internet, especially regarding technical performance, response times for consulting, querying or transferring information, risks of interruption of services temporary or permanent, and more generally the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by viruses circulating on the network.

10-6 The Competition Administrator shall not be liable for damages, direct or indirect, regardless of its cause, nature or consequences, even though it has been advised of the possibility of such damage caused as a result, without limitation:

  • (i) a malfunction of the Internet or computer equipment (hardware and / or software and / or databases and / or data) of a Participant or any person or company related to the organization of the Competition or, more generally, any other issue related to networks, resources and services (tele) communications, computers (online or otherwise), servers, access providers and / or hosting to the Internet, computer equipment or software, databases and data of any person;
  • (ii) of the access of anyone to the Site or inability to access;
  • (iii) of any misuse that may be made ​​by third parties of information available on the websites he owned.
  • (iv) of use or inability to use the Site or the site of one of its partners, including any damage or viruses that may infect computer equipment Participant and / or the Competition Administrator or any other asset. Understanding that the Competition Administrator will do its best efforts to provide access to the Site at any time during the Competition, without being under an obligation of result. As such, the Competition Administrator may at any time, including for technical reasons, upgrade, maintenance, suspend access to the Site and Competition it contains.
  • (v) content and truthfulness of information provided by the Participant.

10-7 The Competition Administrator can not be held liable of any direct or indirect damage resulting from any interruption, malfunction of any kind, suspension or termination of the Competition, for any reason whatsoever, or for any direct or indirect would result, in any way, of a connection to the Site.

10-8 It is the responsibility of any Participant to take all appropriate measures to protect data stored on his own computer. The connection to the Site and participation in the Competition is at the risk of the participant.

10-9 The Competition Administrator shall not be held responsible for any delays in mail delivery, or misdirected or lost it during shipment.

10-10 Participants can not claim to any compensation or counterpart whatsoever, in case of cancellation or loss.

10-11 The Competition Administrator disclaims all liability for any incident or accident which may occur during the duration of use of awarded prizes and / or because of their use.


ARTICLE 11: AMENDMENTS OF RULES

11-1 The Competition Administrator reserves the possibility to make changes to the Rules and / or the Site at any time without notice or obligation of explain its decision and without liability being thereby incurred as a result.

11-2 The Organiser reserves the right at any time, automatically without notice and without having to justify to stop the Competition, to extend, modify or cancel it. In this case, the Liability of the Competition Administrator can not be engaged in any manner whatsoever and the Participants can not claim any indemnification whatsoever. Additions and amendments can then be published during the Competition and participants can not claim any indemnification as such.

11-3 If modified, the revised regulation will be mentioned on the Visual Lab Kit.

11-4 Any modification of the french version of these General Rules Competition will lead to a new deposit to the bailiff COHEN-SKALLI HOBA located 29 Boulevard Jean Jaures BP 42 93401 Saint-Ouen CEDEX. via Depotjeux.com. indicated above, and shall enter into effect after it is online and a Participant shall be deemed to have accepted it by the simple fact of its participation in the Contest, from the date of entry of the amendment. Participant refusing the changes will stop participating in the Contest.


ARTICLE 12 : REGULATION

12-1 This regulation is deposited in french via Depotjeux.com to the bailiff COHEN-SKALLI HOBA located 29 Boulevard Jean Jaures BP 42 93401 Saint-Ouen CEDEX.

12-2 This regulation is available on the internet, available in its entirety at no charge at the following address http://www.visualkit.com/competition_rules.pdf and in french, to the site www.depotjeux.com.

12-3 If it is impossible to access to this regulation a copy may be obtained free of charge from the Organiser upon written request to the address below:

Philippe Hayer Visual Kit
Batiment J
26 Rue Paul Rivet
92 350 Le Plessis Robinson
FRANCE

The reimbursement of the stamp under the request of this regulation will be made upon request and presentation of a RIB or RIP indicating the IBAN account, based on the current slow rate. There will be a single reimbursement for the same name and same address or same account IBAN. The refund will be made by bank transfer.

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