Terms & Conditions apply
“LUCKY DAYS 2023” CONTEST TERMS AND CONDITIONS
ARTICLE 1 – PREAMBLE
The company Point S Development SAS, with a share capital of 418,000 euros, registered with the Lyon Register of Companies under number 491 028 627 00025, with its head office at 9 rue Curie 96006 Lyon France (hereinafter the “Organising Company”), has decided to organise, in several countries, a contest with the obligation to purchase goods as part of a promotional campaign for the sale of tyres (hereinafter “Lucky Days” or the “Contest”), rewarding certain customers under the following conditions.
ARTICLE 2 – PURPOSE
The purpose of these terms and conditions is to define the rules applicable to the “Lucky Days” campaign. Failure to comply with the participation conditions set out in the terms and conditions will result in the participation being null and void. By taking part in the Contest, participants accept these terms and conditions fully and
ARTICLE 3 – DURATION, GEOGRAPHICAL AREA AND ANNOUNCEMENT OF THE
Lucky Days will take place over the period from 1 April 2023 to 31 May 2023 inclusive in the following countries: Bulgaria, France, Hungary, Italy, Norway, Portugal, Poland, Romania, Slovakia, Slovenia, South Africa and the UK. As an exception, Lucky Days will take place in France from 20 March 2023 to 8 April 2023. The campaign will be advertised in all participating points of sale by means of a communications kit made up of: 1 poster, 1 flyer totem, flyers, a sticker for glass and full contest rules. All the authorisations required by certain national laws have been obtained by the Organising Company in Hungary, Italy, Poland and Portugal.
ARTICLE 4 – REGISTRATION AND PARTICIPATION CONDITIONS
4.1. Registration conditions
To take part in the Contest legitimately, all participants must meet the following conditions:
– Be an individual of adult age residing in one of the countries where the Contest is organised. The Contest is restricted to a single participant per household (same last name, same postal address and/or same email address) for the entire duration of the Contest.
– Customers cannot be affiliated with the point of sale. Point-of-sale employees and managers, members of the Point S network, and members of companies who have taken part in preparing the campaign, printing promotional materials and organising the promotional campaign are all excluded from taking part.
4.2. Participation conditions
To be able to participate, customers must comply with all the conditions set out below.
a. Prior purchase of Point S or Goodyear tyres
The Contest is open to any customer purchasing two (2) Point S or Goodyear tyres from a participating Point S point of sale, between 1 April 2023 and 31 May 2023 inclusive (in France from 20 March 2023 to 8 April 2023) in one of the countries listed in Article 3. Customers wishing to participate are informed that claiming prizes is subject to proof of purchase. It is specified that the only recognised means of proof is a receipt in the participant’s name. Customers wishing to take part in the Contest must therefore keep the invoice in question.
b. Registration form
Any customer wishing to participate in the Contest should scan the QR code available on the display at the point of sale or go to the Contest website www.luckydays.point-s.com For the entry form to be valid, a customer must provide all the following information:
– First name
– Email address
– Mobile phone number
– Address / Postcode / Town/City
– Brand of tyres purchased
– Purchase date
– Name and town/city of Point S outlet
– Upload of proof of purchase
– Prize total estimate
If a participant fails to fill in the form in its entirety, or includes illegible or incorrect information, their entry will be cancelled and they will not be able to claim any prizes.
c. Validity of registration
After reading all these conditions, participants expressly agree to the processing of their personal data as part of the contest. This consent will be given by means of a checkbox included on the form:
o I declare that I am of legal age and agree to all the provisions of the terms and conditions of the “Lucky Days” campaign and to the processing of my personal data for this purpose. Participants will also be able to consent to the processing of their personal data for advertising and/or promotional purposes by ticking the next box on the registration form:
o I agree to be contacted by the Organising Company for advertising and/or promotional purposes In cases where participants do not tick the first box, their entry will be considered null and void and they will be unable to submit the form. As regards the second box, it should be noted that participants may choose not to tick it.
If it turns out that fraud has been committed in any shape or form, including if a person has entered the contest several times throughout its duration, the Organising Company reserves the right to render the fraudster’s entry null and void. Likewise, if the proof of purchase provided is illegible or incorrect (e.g.: participant’s name does
not match the name on the invoice) or simply not submitted, the participant’s entry will be cancelled and they will not be able to claim any prizes. “Lucky Days” are reserved for Point S network customers residing in one of the following countries: Bulgaria, France, Hungary, Italy, Norway, Portugal, Poland, Romania, South Africa, Sweden, Slovakia, Slovenia, United Kingdom.
ARTICLE 5 – PRIZES AND ALLOCATION OF WINNINGS
For the “Lucky Days” campaign, the prize offered per country is the following:
– A stay on the island of Santorini (Greece) for 2 people (return flights included, 4 nights
in a 3-star hotel with breakfast), departing from an airport in the participant’s country
(e.g.: Paris for France)
– A Kodak instant camera
– A 33-litre Lancaster suitcase
– And a blue and white cotton beach towel (100 x 160 cm).
After completing the form, the customer must guess the exact cost of the prizes (in the local currency of the country).
The customer who guesses the exact cost of the prizes, or who comes closest to it, wins all the prizes (the 4 prizes mentioned above). In the event of a tie between two participants who have guessed the same amount, the
participant designated the winner will be the one who made their tyre purchase first, i.e. closest to the start date of the campaign. The prize can only be won if the participant estimates the prize cost with a margin of error of plus or minus 30% of its exact value, otherwise the Organising Company will keep the prize and not award it to a participant. The Organising Company can turn to an independent adjudicator: AURAJURIS 264 rue Garibaldi – 69003 Lyon – France (email: email@example.com). The intervention of the adjudicator before the start of this promotional campaign consists of setting for each participating country the value of the prize, in euros or in the local currency, in order to allow the Organising Company to determine the winner from all the participating countries. In accordance with certain national regulations, winners may be required to pay tax on their winnings. The Organising Company cannot cover any taxes imposed on winners in accordance with national regulations. This is particularly the case in Hungary, Slovakia and Slovenia. When winners are decided for each country, they will be informed by email before 31 July 2023. To claim their prize, winners must follow the procedure indicated in the prize email. This procedure applies to all participating countries. The name of the beneficiary on the invoice must match the name entered on the registration form. The Organising Company reserves the right to replace prizes by others of the same value if required by exceptional circumstances beyond its control. If a winner is unable to collect their prize, they may not assign it to a third party. If, however, it is impossible to determine a winner for any reason, and in particular if the proof of purchase is missing, illegible or incorrect, the Organising Company will move on to the participant with the next closest guess until the prize is won. Any further details and practical information about the delivery of the prizes will be given to the winners in good time. If the winner is prevented from benefiting, in whole or in part, from the prize awarded and determined under the terms that will have been explained to them, due to their actions, for whatever reason, they will lose the benefit of the prize without any possibility of reimbursement or compensation of any kind. The winner must comply with the rules. If it turns out that the winner does not meet the criteria set out in these rules, the prize will not be awarded to them and will remain the property of the Organising Company. If, after the winner’s file has been compiled, it appears that there is any doubt as to the accuracy of the contact details provided, the Organising Company reserves the right to request any administrative documents proving the winner’s name, address and telephone number. Failing this, these details will be considered null and void, and will not give rise to receipt of the prize, which will remain the property of the Organising Company.
Specific terms of award regarding the trip to Santorini (Greece): In addition to the above-mentioned terms concerning the awarding of the prize, the winner of the trip must also fulfil a number of conditions which the Organising Company can neither substitute nor be held responsible for if the winner does not fulfil them. The winner will be responsible for all legal and administrative obligations required by their air travel. In addition, the winner will have to satisfy all the checks to enter Greece and, depending on the health situation, may be required to present a complete vaccination record in accordance with the rules set by Greece at the time of travel. Both people must be in possession of a valid passport. It is also recommended that both people are covered by medical insurance and it is their responsibility to be so.
ARTICLE 6 – LUCKY DAYS CAMPAIGN COMMUNICATIONS
At the end of “Lucky Days”, information will be published that may include photos of the point of sale and the winner(s), and the last names, first names and countries of the winners may be disclosed without entitling them to any compensation, right or advantage other than the prize. Participants agree to this disclosure by filling in the information on the “Lucky Days” form and ticking the checkbox dedicated to the terms and conditions as they appear on the form and poster, and in detail in the Contest terms and conditions available at every participating Point of Sale.
ARTICLE 7 – PERSONAL DATA
In accordance with French Law No. 78-17 of 6 January 1978 relating to computers, files and liberties, as amended (the French Data Protection Act) and/or the General Data Protection Regulation No. 2016/679 of 27 April 2016 (“GDPR”), participants are informed that the Organising Company, as the Data Controller, automatically processes personal data relating to Contest participants. Participants give their free and informed consent for the Organising Company to collect personal data relating to them throughout their participation in the Contest. It is specified that the Data Controller uses the services of a data processor who handles the personal data entered on entry forms, particularly to manage the prizes as part of this promotional campaign. The data processor is a communications and operational marketing agency specialised in network development, sales promotion and digital marketing. It is specified that the data processor has signed a service contract with the data controller that establishes the scope of the management of personal data collected as part of this promotional campaign. The purpose of processing personal data is to organise the “Lucky Days” promotional campaign. Subject to the participant’s approval, the processing of personal data will also be used to send information and offers relating to the services provided by the Point S network as part of future marketing and communications campaigns. Personal data collected is destined exclusively for the company Point S Development, the point of sale where the purchase was made and the company responsible for the draw; such data cannot be used by a third party. Personal data relating to participants will be stored, in Europe, for a maximum period of 36 months from when it is collected, without prejudice to the rights held by participants with regard to directives relating to what happens to their personal data after their death, which they are
entitled to define. In accordance with the French Data Protection Act of 6 January 1978, as amended, and the
GDPR, participants have the right to access, rectify, delete and transfer between Data Controllers any data relating to them, as well as a right to oppose or request limited processing, under the conditions and within the limits set out in the regulations. These rights can be exercised by writing to the Organising Company at the address specified at the beginning of these rules or sending an email to firstname.lastname@example.org. By exercising their opposition rights before the end of the promotional campaign, participants can withdraw their entry. Participants have the right to file a complaint with the French Data Protection Authority (CNIL) or any other competent local body. In accordance with article 40-1-II of the French Data Protection Act (“Loi informatique et libertés”) of 6 January 1978 as amended, participants are entitled to send the Organiser specific guidelines on what happens to their personal data after their death. After reading all these conditions, participants expressly agree to the processing of their personal data as part of the contest. This consent will be given by means of a checkbox included on the form:
o I declare that I am of legal age and agree to all the provisions of the terms and conditions of the “Lucky Days” campaign and to the processing of my personal data for this purpose.
Participants will also be able to consent to the processing of their personal data for advertising and/or promotional purposes by ticking the next box on the registration form:
o I authorise the Organising Company to contact me for advertising and/or promotional purposes.
ARTICLE 8 – VARIOUS PROVISIONS
8.1 – Responsibilities
Participants are wholly responsible for their participation in the Contest. The company Point S Development cannot be held responsible if, due to force majeure or events beyond its control (particularly in the event of technical or computer problems, etc.) disrupting the organisation or management of “Lucky Days”, it was required to cut short, extend, postpone, amend or cancel this promotional campaign for the sale of tyres. However, any change will be the subject of an amendment which will be filed with AURAJURIS 264 rue
Garibaldi – 69003 Lyon – France. The Organising Company may cancel or suspend all or part of the Contest if it appears that fraud has occurred in any form whatsoever in connection with participation in the Contest. Under such circumstances, the company reserves the right to withhold prizes from the fraudsters. In any case, if the proper administrative and/or technical functioning of the Contest is disrupted by a virus, a computer big, unauthorised human intervention or any other cause or event beyond the control of the Organising Company, the latter reserves the right to interrupt the Contest. No request for reimbursement may be made to the Organising Company, including for postal charges or the costs of connecting to the website.
8.2 – Applicable law
“Lucky Days” and these Terms and Conditions are subject to French law. Any disputes relating to the validity, interpretation or implementation of these rules fall under the jurisdiction of Lyon Commercial Court in France.
ARTICLE 9 – TERMS AND CONDITIONS
These rules are registered with AURAJURIS 264 rue Garibaldi – 69003 France.
They can be consulted free of charge at participating points of sale and at the following