ARTICLE 1: GENERAL CONTEST ORGANISATION
HACHETTE FILIPACCHI PRESSE, registered with the Nanterre Trade and Companies Registry under number 582 101 424, having its registered office at 2 rue des Cévennes, 75015 Paris, (hereinafter referred to as the “Sponsor“) regularly organizes free contests with no obligation to purchase on Instagram (hereinafter referred to as the “Contest(s)“).
The Contests are organized on the Instagram account @elleboutique accessible at the following URL: https://www.instagram.com/elleboutique/ or via the Instagram application (hereinafter the “Page“).
Instagram is neither sponsor nor organizer of the Contests.
These general contest rules (hereafter the “General Rules”) define the conditions applicable to all Contests and will be supplemented in due time by additives setting out the specific terms of each Contest (dates of the Contest sessions, conditions of participation, prizes, contest mechanism, etc.) (hereinafter “Additive(s)“).
In the event of any contradiction between these General Rules and the information specified in the Additives, the terms of the Additives shall prevail.
These General Rules apply without limitation in time and will be updated, if necessary, via the Additives.
ARTICLE 2: EXCLUSIONS AND RESTRICTIONS ON PARTICIPATION
Participation in the Contests implies the participant’s unreserved acceptance of these General Rules and the Additive applicable to the Contest in question.
The Contests are open to any natural person of legal age or minor of at least 13 years of age with parental permission unless specifically restricted in an Additive, who holds an Instagram account. Only the residents of the following countries may participate in the Contests: France, United Kingdom, Ireland, Germany, Switzerland, Belgium, Italy, Portugal, USA, Canada, Japan, China, India, Singapore, Taiwan, South Korea and Australia. Staff members of the Sponsor its affiliates (its subsidiaries, sister companies and controlling companies), and generally companies involved in the implementation of the Contests are not eligible to participate in the Contests. This exclusion also extends to the families (spouse, children, father and mother, brothers and sisters) of the staff members of the above companies.
Participation in the Contests by minors (when not prohibited according to the Additives to these General Rules) is done under the full responsibility of the legal representatives who can prove parental authority. The simple fact of participating in the Contests implies that the minor has obtained the prior authorization of his or her legal representative. The Sponsor nevertheless reserves the right to request written proof of such authorization at any time, and to disqualify any participant who does not provide proof of such authorization within the given time.
The household being defined as all people living under the same roof, unless otherwise expressly provided, there may not be more than one winner per household per Contest.
It is specified that a person wishing to participate in the Contests is identified by his or her last name, first name and email address indicated by him or her or automatically recorded (hereinafter the “Contact Information“). In the event of a dispute, only the Sponsor’s listings shall be considered as prove. Participants who have not provided proof of their complete Contact Information and identity or who have provided it inaccurately or falsely will be disqualified, as well as participants who refused to accept the collection, recording and use of their personal information and that are strictly necessary for the purposes of managing the Contests.
The Sponsor reserves the right to carry out any verification for the enforcement of these General Rules. In particular, any entry containing false, erroneous or incomplete Contact Information will be considered null and void and will therefore be excluded from participation in this Contest.
The status of winner cannot be validly attributed to a person who does not meet the conditions set forth in these rules.
Other restrictions on participation in the Contest may be added, in particular depending on the nature of the prizes, and will be specified in the corresponding Additive.
ARTICLE 3: TIME PERIOD
The time period of each Contest will be specified in the Additive corresponding to the Contest in question.
ARTICLE 4: CONTEST PRINCIPLE
The mechanism of each Contest will be specified and determined in the corresponding Additive.
Entries must be submitted before the end of the last day of the Contest in question.
Any incomplete or erroneous entry will be rejected, without the liability of the Sponsor being incurred. Any false statement by a participant shall result in his exclusion from the Contest and the non-award of any prize that he may have won, without the liability of the Sponsor being incurred.
ARTICLE 5: PRIZES
The details of the prizes and their distribution for each Contest will be determined and specified in the Additive corresponding to the Contest in question.
The prizes are determined by the Sponsor. Unless expressly specified otherwise, they are non-transferable.
The prizes are strictly limited to their designation and do not include any additional expenses and services that may be related to their enjoyment or use, which are the sole responsibility of the winners. They may not be challenged in any way, nor may they be exchanged for cash or in any other form whatsoever, nor may they be replaced or exchanged for any reason whatsoever.
All additional details and practical information for the delivery of the prizes will be given to the winners in due course.
If the winner is prevented from receiving, in whole or in part, the prize awarded and determined under the conditions explained to him or her, resulting from his or her actions, for whatever reason, he or she will lose the benefit of the prize without any possibility of reimbursement or compensation of any kind.
If circumstances so require, and in particular in the event of failure of its partner responsible for supplying the prizes, the Sponsor reserves the right to replace the missing prizes with prizes of equivalent value.
In the event of force majeure as defined by Article 1218 of the French Civil Code and French case law or in the event of exceptional circumstances beyond the control of the Sponsor and/or its possible partners, the Sponsor reserves the right to adjust the delivery of the prize in order to deal with the restrictions and to satisfy the winner’s interest as best it can. Consequently, in such cases, the Sponsor reserves the right to:
- Modify the Contest in whole or in part;
- Postpone the delivery of the prize to a later date;
- Replace the prize with another of equivalent value;
- Cancel the prize if no other solution is possible.
No compensation can be claimed in this respect.
SECTION 6: DETERMINATION OF WINNERS
The winner(s) will be determined by drawing from among the eligible entries as of the date indicated in the relevant Contest Additive.
ARTICLE 7: NOTIFICATION OF WINNERS AND DELIVERY OF PRIZES
The delivery of the prizes is subject to the validity of the entry, which may be verified at any time by the Sponsor, and to the absence of any suspicion of cheating.
Any participation that is incomplete, erroneous or does not comply with these General Rules or the Additive corresponding to the Contest in question will be rejected, without the liability of the Sponsor being incurred.
The following principles are applicable, unless otherwise provided for in an Additive depending on the nature of the prizes.
As a general rule, the prizes are portable. Where applicable, the Additive corresponding to the Contest in question specifies whether they are returnable, and in this case, the reference address and the deadlines are indicated.
Each winner will be informed by email or via private message on Instagram of their winnings and the terms of delivery of the prizes within one month after the end of the Contest. Depending on the nature of the prize this timeframe may be modified.
The Sponsor is not responsible for the loss of the prizes by the Post Office or the carrier, nor for the delays in delivery, nor for their condition at the time they are delivered to the winners.
If necessary, it is up to the winner to refuse a visibly damaged package and to take any steps with the post office or the carrier.
As a general rule, prizes that have not been claimed or that have not been delivered to their addressee (except in cases of express and motivated refusal of the letter or package) for a period of 3 (three) months shall revert definitively to the Sponsor. It is specified that this period of 3 (three) months runs from the end of the Contest or from the receipt of the return of the envelope or package by the Sponsor.
Depending on the nature of the prizes, the winner must be available and reachable within a compatible time period to benefit from them, if applicable, as provided in the corresponding Additive. Otherwise, he/she loses the status of winner.
ARTICLE 8: GUARANTEES – LIABILITY – FORCE MAJEURE
Instagram shall in no event be held liable in the event of any problem in connection with the Contests.
The Sponsor shall not be liable if a person:
- suffered a technical failure of any kind (line condition, server incident, accidental disconnection …),
- provided inaccurate or incomplete contact information that would make it impossible to inform him/her of his/her win or to send him/her the prize that may have been awarded,
- did not meet the conditions for receiving a prize.
Participation in the Contests via the Internet implies knowledge and acceptance of the characteristics and limits of the technologies used by the Internet and the technologies linked to it, particularly with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission, the lack of protection of certain data against possible misappropriation, and the risks of contamination by possible viruses circulating on the network.
Consequently, the Sponsor shall not be liable under any circumstances, including but not limited to the following cases:
- any information and/or data entered by the participants on the Page;
- the transmission and/or reception of any data and/or information on the Internet
- any malfunction of the Internet network preventing the proper conduct/functioning of the Contest;
- failure of any receiving equipment or communication lines;
- loss of any paper or electronic mail and, more generally, loss of any data;
- problems of routing;
- the functioning of any software;
- the consequences of any virus, computer bug, anomaly, technical failure;
- any damage caused to a participant’s computer;
- any technical, hardware or software failure of any kind that prevents or limits the possibility of participating in the Contest or that damages a participant’s system.
It is specified that the Sponsor cannot be liable for any direct or indirect damage resulting from an interruption, malfunction of any kind, suspension or termination of the Contests, for any reason whatsoever, or for any direct or indirect damage resulting in any way from a connection to the Page. It is the responsibility of each participant to take all appropriate measures to protect his/her own data and/or software stored on his/her computer equipment against any attack.
The connection to the Page and participation in the Contests by any person is done under his/her entire responsibility.
The Sponsor may take advantage, in particular for purposes of proof, of any act, fact or omission, of the programs, data, files, recordings, operations and other elements (such as monitoring reports or other statements) established, received or stored directly or indirectly by the Sponsor, in particular in its information systems, in connection with the use of the Page.
Participants agree not to contest the admissibility, validity or probative value of the elements communicated or exchanged between the parties, on the basis of any legal provision whatsoever which specifies that certain documents must be written or signed by the parties to constitute proof. Thus, the elements considered constitute evidence and they are admissible, valid and opposable between the parties in the same way, under the same conditions and with the same probative force as any document established, received or kept in writing.
The Sponsor may not be held liable in the event of interruption of service caused by an Internet network incident or by a technical incident beyond its control.
The Sponsor may not be held liable if, as a result of incidents in the routing of electronic mail, entries are not received.
The cancellation of a Contest as a result of Instagram’s decision, regardless of the cause, falls under this provision.
ARTICLE 9: COMPLAINTS
In order to be taken into account, any claims to the Contests must be made in writing to the following address: HACHETTE FILIPACCHI PRESSE, Service LAE, 2 rue des Cévennes 75015 Paris, France, or by email to the following address: email@example.com, and no later than 90 (ninety) days after the deadline for participation in the Contest in question, as indicated in these General Rules and its Additives.
No claim of any kind regarding all or part of the Contest may be made after this deadline.
If the Contact Information communicated by the participant does not allow him to be informed of his win or to receive it (in particular, if the data indicated on his Instagram account is erroneous or if his profile does not allow him to receive private messages informing him of his win), he loses the status of winner and cannot make any claim.
The Sponsor may cancel all or part of the Contest if it appears that fraud has occurred in any form whatsoever, including computer fraud or during the determination of the winners. In such a case, it reserves the right not to award the prize and/or to prosecute the perpetrators of such fraud before the competent courts. However, it shall not incur any liability of any kind towards the participants due to any fraud committed. In particular, it will be considered fraudulent for a participant to use one or more fictitious names or names borrowed from one or more third parties, since each participant must participate in the Contest under his or her own and unique name, or to use these names to increase the number of votes in his or her favor. Any fraud will result in the participant’s elimination.
The Contest is not managed or sponsored by the company Instagram. Therefore, Instagram is not responsible for any dispute related to the Contest. Any questions, comments or complaints regarding the Contest should be directed to the Organizing Company and not to Instagram.
ARTICLE 10: PROTECTION OF PERSONAL DATA
Within the framework of the organization of the Contests, the Sponsor acting as Data Controller (or any technical service provider designated by the latter) is required to collect personal data concerning the participants and the winners.
Purposes of the processing:
The personal data collected in the context of the Contests are processed for the purposes of managing, organizing and monitoring the operation. In this context, they allow:
- The taking into account of the participants’ participation;
- The determination of the winner(s);
- The information of the winner(s);
- The attribution or the routing of the prize(s);
- The management of disputes and claims;
- Prospecting and sales promotion;
- The management of the requests of the persons concerned (notably the right of access, rectification, right to erasure, right to portability, right to limitation etc. as these rights are detailed below);
- Control of the regularity of the participations and the application of the present regulation;
- Steering, reporting and statistics:
- The measurement of the satisfaction of the participants.
Legal basis for data processing:
The personal data collected in the context of the Contests for the realization of the following purposes are necessary with regard to the execution of these General Rules and participation in the Contests. Without this data, the participant’s participation cannot be taken into account:
- The taking into account of the participation of the participants;
- The determination of the winner(s);
- Informing the winner(s);
- The awarding or delivery of the prize(s);
- The management of disputes and claims;
The processing of personal data to manage the requests of the persons concerned (right of access, rectification, opposition, deletion, right to portability, right to limitation in particular as these rights are more detailed below) is based on the legal obligation of the Sponsor to respond to requests to exercise the rights of the persons concerned.
The personal data collected is also processed on the legal basis of the legitimate interest of the Sponsor to develop its activity, to publicize its products and services, to control and secure participation in the Contests, to ensure the management and reporting and statistics of its activity to determine the success of its operation. This is the case when the Sponsor processes personal data for:
- Prospecting and sales promotion;
- Steering, reporting and statistics:
- The measurement of the satisfaction of the participants.
Recipients of the data:
The personal data are intended for the authorized services of the Organizing Company and may be communicated and processed by the service providers of the Organizing Company, the latter undertaking to use them solely for this purpose and to respect the confidentiality and security of the data communicated to it.
Data retention periods:
The personal data collected by the Sponsor in the context of the Contests are kept for the time necessary to carry out the operation, increased by a period of 5 (five) years in archives for purposes of proof in the event of a dispute.
Participants’ contact information will be kept for canvassing purposes for 3 (three) years after the completion of the Contest operation.
In accordance with the provisions of Regulation 2016/679/EU of 27 April 2016 on data protection and the French Data Protection Act n°78-17 of 6 January 1978 as amended in its current version relating to information technology, files and freedoms, participants in the Contests have the right to withdraw their consent, a right of access, rectification, deletion, opposition, limitation and portability, on the personal data concerning them.
For processing whose legal basis is legitimate interest, the participant in the Contests may exercise his or her right to object on grounds relating to his or her situation. In the event of the exercise of such a right of objection, the Sponsor shall ensure that it no longer processes the personal data in the context of the processing concerned unless it can demonstrate that it has compelling legitimate grounds for maintaining such processing. These grounds must be superior to the interests and rights and freedoms of the participant, or the processing must be justified for the establishment, exercise or defense of legal claims. The participant also has the right to define directives concerning the conservation, erasure, and communication to third parties of personal data concerning them after their death.
To exercise these rights, participants should send an e-mail to the following address firstname.lastname@example.org
or by mail to the following address, specifying the name of the Contest: HACHETTE FILIPACCHI PRESSE – Legal Department – 2 rue des Cévennes, 75015 Paris, France. In the event of doubt as to identity, the Sponsor may ask the participant for proof of identity in order to follow up on his or her request and may, if necessary, ask for a copy of an identity document.
The participant may also file a complaint with the CNIL at the following address: 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07.
When validating participation in the Contests, the Sponsor may also offer participants the opportunity to transfer their personal data collected in the context of the Contests to commercial partners whose identification will be provided at the time of collection. The latter may invite participants who have given their express consent to receive emails to play contests organized by these commercial partners.
ARTICLE 11: FORMALITIES RELATING TO THE GENERAL RULES
The present General Rules may be consulted on the Sponsor’s website accessible at the following address : https://elleboutique.com/legal-notice/?preview_id=1274&preview_nonce=d953842b45&preview=true
A copy of these General Rules will be sent free of charge to any person who makes a written request to the following address: HACHETTE FILIPACCHI PRESSE – 2 rue des Cévennes, 75015 Paris, France or by email to the following address: email@example.com. The cost of sending the General Rules request by mail will be reimbursed at the slow rate in effect upon written request. Only one request for a copy of the General Rules will be reimbursed per household (same name, same postal address).
ARTICLE 12: CITATION OF WINNERS’ NAMES
The winners expressly authorize the Sponsor, free of charge, to use and disseminate their surname, first name and city of residence for the purpose of informing other participants for a period of 6 months, without claiming any rights or remuneration other than the prizes to which they are entitled. This processing of personal data is based on the legitimate interest of the Sponsor to inform other participants of the winners of the Contest. The winners may object to this in accordance with the provisions of Article 10 of these General Rules.
ARTICLE 13: APPLICABLE LAW – DISPUTES
These General Rules are subject to French law. In the event of persistent disagreement on the application or interpretation of these General Rules, and in the absence of an amicable agreement, any dispute will be submitted to the competent courts.
ARTICLE 14. TRANSLATION
This English version of these General Rules is for purely informational purpose. Should any contradiction arise between the provisions of the English and French version, the latter shall prevail.
Additive terms and conditions to our current contest , ends on 28th November 2021.