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KISS KISS SHINE BLOOM – GUERLAIN KISS KISS CHAIN CHALLENGE
TERMS & CONDITIONS
1. The organizing Company
The Company GUERLAIN, a French limited company with its registered office located at 68 Avenue des Champs Elysées, 75008, PARIS, France, registered in the RCS of Paris under the number 582 022 565 (hereafter mentioned as the “Company” or “GUERLAIN”), organizes on the GUERLAIN Instagram page available at the url https://www.instagram.com/guerlain/?hl=fr, a contest named “KISS KISS CHAIN CHALLENGE” (hereafter the “Challenge”) taking place on the 8th April 2021 to 30th April 2021 (hereafter the “Entry Period”).
2. How to participate?
The Challenge shall run, continuously, on the GUERLAIN page accessible at https://www.instagram.com/guerlain/ during the Entry Period. No entries will be accepted after the Entry Period. The Challenge, which is completely free of charge and for which no purchase is necessary, is only open to legal adults over the age of 18 and registered on the Instagram social network (hereafter mentioned as the “Participant”). Only one (1) participation per Participant would be taken into account by GUERLAIN (same Instagram account and/or associated phone number) but the Participant is free to post Content and/or Stories as many times as he/she wants. Participation takes place exclusively via Instagram. Do not attempt any method of participation that is not in compliance with these terms.
Participants have to post one (1) photo or video (hereafter the “Content”) on his/her Instagram with the following hashtag: #Guerlainkisskisschain so that his/her participation will be taken into account by GUERLAIN.
Participants can also post one or several Instagram stories using the filter Guerlain x Kiss Kiss (hereafter “Stories”).
Content and Stories shall in no event:
· contain any inappropriate, offensive, obscene, defamatory, insulting, violent or disrespectful content;
· promote irresponsible alcohol or drug consumption;
· contain any logo, trademark ou any distinctive sign other than the ones owned by GUERLAIN.
Such Content or Stories will immediately be excluded from the Challenge.
3. Why this Challenge?
This Challenge is part of the “GUERLAIN Women For Bees x UNESCO” program. “Women For Bees” is an apiculturist entrepreneurship program in partnership with UNESCO and in collaboration with the French Observatory of Apidology (OFA). Its purpose it is to train new women apiculturists, created new apicultural operations in the World, within UNESCO biosphere reserves and measure the benefits of pollination. By 2015, this partnership will have trained 50 women apiculturists, created 2,500 hives so 125 million bees.
For each Content and Stories posted, GUERLAIN undertakes to send a set of seeds to grow around 10 000 flowers to each apiculturist involving in this program (hereafter the “Commitment”). These apiculturists will plant these seeds in the biosphere reserves considered as learning places for sustainable development and determined by UNESCO. The purpose of this plantation is to contribute to the preservation of the bees and their local biodiversity.
The Commitment is limited to sending 50 million flower seeds to these apiculturists. In consequence, the Challenge is limited to 5000 Contents and/or Stories.
Any person participating in the Challenge unconditionally accepts and acknowledges these Terms & Conditions in their entirety and shall act in strict compliance with any applicable laws and regulations.
The Terms & Conditions and any amendment whatsoever may be sent by mail free of charge to any person who requests them from The Company to the following address:
Guerlain - Service Relation Clientèle - 125, rue du Président Wilson - 92300 Levallois-Perret.
The Terms & Conditions can be consulted and downloaded on the following URL address: https://www.guerlain.com/int/en-int/c/legal-terms-kisskiss-chain.html, at any time during the activation of the Challenge.
5. Personal data:
Data processed, legal basis and purposes of the processing
As part of your participation in the Challenge, the Company, as data controller, needs to collect and process your personal data (your “Data”). This Data shall consist of: your family name, first name, your pseudo and your photograph. This Data is either needed for your participation in the challenge or otherwise collected with your express consent.
Your Data shall be collected:
- to manage your participation in the challenge, and manage the allocation of set of seeds to the apiculturists involved in the program defined in article 3;
- where applicable, for promotional purposes in order to communicate about the competition and our Maison (see article 8 of the rules);
Recipients of the Data
Your data shall be processed by the Company. It shall not be transferred or made accessible to any third party apart from (i) possible subcontractors of the Company, purely for the purpose of organizing and managing the challenge, and (ii) in case of a reorganization of the Company, including total or partial transfer of assets, merger, takeover, de-merger, and in general any reorganization operation.
Subject to your consent, your Data may also be shared with the other companies of GUERLAIN worldwide, for the purpose of sending you information about the offers, news and events of our Maison.
Finally, guerlain may disclose your Data to third parties if such disclosure is required by law, by a regulatory provision or by a court ruling, or if this disclosure is necessary to ensure the protection and defence of its rights, in accordance with data protection regulation in force in the European Union.
Transfers of Data abroad
The recipients of your Data may be located all around the world. For the European Participants, any transfer of your Data outside the European Economic Area shall only take place subject to appropriate safeguards being in place, such as contractual safeguards, in keeping with applicable data protection laws and regulations. A copy of the safeguards implemented by the Company may be obtained by sending a request to the latter.
In accordance with applicable data protection laws and regulations, you have a right to request access to, rectification or erasure of your Data, or restriction of processing, and to object to said processing, as well as the right to data portability as far as it is applicable.
These rights may be exercised directly with the Company by sending an e-mail to email@example.com or by sending a letter by regular post to GUERLAIN – Service Relation Client: 125, rue du Président Wilson – 92593 Levallois-Perret Cedex – France You may be asked for proof of identity. If, at any time, you no longer wish to receive details of our offers, news and events, you can unsubscribe using the hypertext link provided for this purpose in each mail we send you. You can also send a non-registered letter to GUERLAIN – Service Relation: Client 125 rue du Président Wilson – 92593 Levallois Perret Cedex – France.
Retention period of your Data
The Data concerning you that is collected and processed by the Company shall only be kept throughout the duration of the Challenge and for as long as is needed for the allocation of the seeds to the apiculturists involved in the program defined in article 3. It shall then be destroyed, subject to what is set out in the section concerning the assignment of your image rights. The Data that is used for the purpose of sending you information about the offers, news and events of our Maison shall be kept for a period of three (3) years as of the date on which it was collected or as of your last contact with GUERLAIN. Upon expiry of this timescale, GUELRAIN may get in touch with you to find out whether you wish to continue to receive information about our offers, news and events.
Finally, the connection logs that are collected, subject to your consent, using the cookies and other tracers implemented on our site, shall be kept in accordance with applicable laws and regulations for a period of time that does not exceed six (6) months. For more details, see our cookies policy in our website.
Contact details of the data protection officer (DPO) and right to lodge a complaint
Should you have any question about the collection and processing of your Data by GUERLAIN, please contact the data protection officer of GUERLAIN by sending an e-mail to firstname.lastname@example.org . You may also address any complaint to the Data Protection Authority of your country or the Commission Nationale Informatique et Libertés (CNIL), 3 Place de Fontenoy, TSA 80715, 75334 Paris CEDEX 07, France, regarding the way in which the Company collects and processes your Data.
6. Internet connection and use
The Company shall not be liable for any misuse or incident related to a misuse of Internet, telephone line, or any other technical connection or in case of sending the Content with the wrong hashtags or the wrong filter in case of Stories. The participation online to the Challenge implies the acknowledgement and acceptance of the Internet specifications and limits, including without limitation technical performances, risks of connection breaks, and more generally inherent risks in online connections and transmissions, absence of protection against misappropriations and risks of circulating virus contaminations on the network.
Considering the specifications of the Internet network (such as the free captation of broadcasted data and the difficulty or even the impossibility to control the use made by third parties), the Company shall not be held liable for any misuse of these data.
7. Intellectual Property/Copyright
The production, representation or use in any way of all or part of the elements relating directly or indirectly to the Challenge shall be strictly prohibited. All trademarks, logos and any other intellectual property rights are and shall remain the property of their respective owners. Any unauthorized reproduction or representation of such brands, logotypes and trademarks may constitute acts of counterfeiting and may be punishable by criminal penalties.
The Content and Stories posted by each Participant within the frame of the Challenge may not be used as a broadcast media of immoral contents or contrary to the public order or infringing third parties’ rights or applicable laws and regulations. The Participants shall be the sole authors of the Content and Stories downloaded in Instagram within the frame of the Challenge, and not have transfer their rights exclusively to a third party. The Content and the Stories left by the Participants are under their sole responsibility and the Company shall not be held liable therefore.
During and after the Contest, the Participants can be contacted by the Company if the Company would like to use their Content and/or their Stories to other ends than the promotion of the Challenge.
After the Challenge, GUERLAIN will contact the Participants to confirm the possibility to publish his/her Content or/and Stories on the GUERLAIN social media accounts, to other ends than the promotion of the Challenge.
Anyhow, the Participants authorize the Company to use their Content and/or their Stories in order to promote the Challenge.
8. Image rights
The Participants authorize the Company to represent, reproduce, adapt, broadcast and more generally allow the public to have access to the Content and/or the Stories made during the Challenge, on his/her Instagram account @guerlain or any network website and its website, with the aim of announcing the promotion of the Challenge.
This authorization is conferred to the Company for free and without consideration. The Participants consequently waive the right to claim to the Company, and any third party authorized by the latter, any compensation for the exploitation of his/her image on such elements under the conditions defined in this regulation.
The Participants acknowledge that they cannot claim for any copyright and / or performance consideration on such elements, because of the use of his/her image by the Company.
This authorization is granted to the Company for the whole world and for the duration of the exploitation of the Content and/or the Stories for this Challenge.
9. Participation Costs Reimbursements
Participants may obtain the reimbursement of the Internet connection costs upon written request to the below address on the basis of a flat amount of 0.37 euros (5 minutes of local communications). Postage costs may be reimbursed upon request on the basis of the postage rates in force.
As far as the actual offers and technics, some Internet service providers offer a free or flat rate internet connection. It is expressly agreed that any access to the Contest website on a free or flat rate basis (such as cable, DSL, special connections) shall not entitle the Participants to any reimbursement, provided that the subscription to the Internet provider services has been taken out by the Participants for the use of Internet in general. Accordingly, the connection of the Participant to the Contest website and the participation to the Contest do not incur any supplemental costs for the Participant. Only one request for Contest rules and reimbursement shall be taken into account for each Participant (same surname, same postal address, same email address). Incomplete or illegible reimbursement requests will not be taken into account. Any reimbursement request shall be sent to:
Guerlain - Service Relation Clientèle - 125, rue du Président Wilson - 92300 Levallois-Perret.
Reimbursement requests shall be mandatorily sent by mail to the above mentioned address. Any reimbursement request made by email or telephone shall not be taken into account.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions, or the rights and obligations of the Participants and GUERLAIN in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of France, without giving effect to any choice of law or conflict of law rules.
In the event of persistent disagreement concerning the application and / or interpretation of this Regulation, and in the absence of an amicable agreement, any dispute will be submitted to the competent court.