The Agency Consulting Sàrl social network contest rules

1. GENERAL INFORMATION AND ORGANISATION

The use of the masculine and plural genders also applies to the feminine and singular genders. Capitalized terms used in these rules (hereinafter referred to as the “Rules”) have the meanings attributed to them in the text below.
The Agency Consulting Sàrl (hereinafter referred to as the “Organisation”) is a Swiss limited liability company with its registered office at Route de Lausanne 8, 1033 Cheseaux-Sur-Lausanne, VD (Switzerland).

The Organisation wishes to organise free competitions with no obligation to purchase on its various social networks (in particular Instagram, Facebook, Twitter, LinkedIn, Youtube, etc.).

2. CONDITIONS OF PARTICIPATION

The competitions organised by the Organisation are free and there is no obligation to purchase. The competitions are only open to people who have reached the age of majority (18 years or over) at the time of participation in the competition and who are resident in Switzerland. For an entry to be taken into account, it is important to follow all the stages of the competition as described in the competition.

Persons who do not meet the conditions set out in the Rules and in the special conditions of participation (if any), as well as members of the Organisation’s staff and any person who has been directly or indirectly involved in the design, production or management of the competition, including their spouse, family members (ascendants and descendants) or other relatives, whether or not living under the same roof, are excluded from the Organisation’s competitions. The Organisation also reserves the right to exclude a participant for legitimate reasons, such as a breach of the conditions of participation or an attempt to cheat or manipulate the system.

A participant may be required to demonstrate that he or she is authorised to take part in the competition and that the conditions for participation have been met. Any person who does not meet the conditions for participation or refuses to justify them will be excluded from the competition and, if they win, will not be entitled to their prize.

Special conditions may be specified for each competition organised by the Organisation. The participant is responsible for finding out about the conditions of participation for each of the Organisation’s competitions and releases the Organisation from any liability in this respect. Participation in the competition implies full and unreserved acceptance of the Rules.

3. TERMS OF PARTICIPATION AND VERACITY OF INFORMATION

Any participant wishing to take part in a competition undertakes to provide truthful information and, if requested by the Organisation, any supporting documents. Any identification or participation that is incomplete, erroneous or illegible, whether voluntary or not, or made in a form other than that provided for in the competition and/or the Rules will be considered null and void.

Each participant is responsible for the information transmitted and recorded for his/her participation and assumes sole responsibility for its content. The Organisation may check the information at any time and request supporting documents.

Any entry made contrary to this provision will render the entry invalid. A participant suspected of fraud may be excluded from the competition by the Organisation at any time, without having to justify this.

Participation in a particular competition does not imply participation in subsequent competitions. In this context, participants are informed that the Organisation is authorised to organise several identical competitions one after the other and that they must register for each competition individually if they wish to take part.

4. WINNINGS AND PRIZES

The prizes at stake are set out in the description of the competition concerned on the social network(s). The winnings and prizes mentioned in the public notice are those that prevail. If discounts are offered as a prize, they cannot be combined.

The Organisation may stipulate, in the designation of the prizes and/or awards, particular conditions of attribution such as the winner’s place of residence or other requirements specific to the winner’s situation.

5. DESIGNATION OF WINNERS

The winners of a competition are determined by a draw carried out on the basis of an autonomous and impartial process (whether virtual or using a neutral and independent person). The Organisation is authorised to draw the winner(s) as it sees fit, provided that the process complies with the above.

Unless otherwise stated, participants will be chosen from among those who meet the specific conditions of the competition, the prizes and/or awards concerned and who have complied with the rules of the competition before the entry deadline, for example and without limitation, by filling in a registration form, answering a question, giving their opinion, sharing a memory (without entering the private sphere), posting a photo in the comments on the publication, using a specific hashtag, approving the competition publication by “liking” it, etc. The above list is not exhaustive and the Organisation reserves the right to offer other forms of competition on social networks.

6. ANNOUNCEMENT OF WINNERS

The winners will be notified by private message directly on the social platform concerned and/or by the public publication of their name on the social network linked to the competition. Any participant in one of the Organisation’s competitions unconditionally accepts to be publicly mentioned as the winner of the competition.

If the Organisation has stipulated particular conditions of award (such as the winner’s place of residence or other requirements specific to the winner’s situation) and these conditions are not or are no longer met at the time the winners are announced, the Organisation may reallocate the winnings and/or prizes concerned to another participant who meets the conditions.

The winners have 20 (twenty) calendar days to announce themselves by replying to the comment announcing the winners or by sending a private message to the Organisation. If the winners have not announced themselves within this time period, the Organisation may either designate other winners or put the winnings and/or prizes that have not been withdrawn back into play. The Organisation is under no obligation to contact the winners in writing or by official publication before designating other winners or putting the winnings and/or unclaimed prizes back into play.

7. AWARDING OF PRIZES

Any winnings and/or prizes will be sent to the contact details provided by the winners in any entry form or following contact with them. The Organisation reserves the right to ask the winners to write to it by private message in order to agree on the place of delivery of the winnings and/or prizes and other formalities. Winnings and/or prizes may be delivered either by post or by collection from the Organisation, at the Organisation’s discretion. In the event of withdrawal from the Organisation, the latter may set the winners a non-extendable deadline for collecting their winnings and/or prizes.

In the event of the return of winnings and/or prizes delivered or the failure of the winner to collect his/her winnings and/or prizes within the period set by the Organisation, the winnings and/or prizes will remain available to the winners for a period of 20 (twenty) calendar days at the Organisation’s premises or at any other location chosen by the Organisation. In the event of the return of the winnings and/or prizes, the Organisation may – but is not obliged to – try to contact the winners again to organise a final delivery of the winnings and/or prizes during the aforementioned period of 20 (twenty) calendar days. In the absence of any spontaneous expression or response from the winners within this period, the prizes will be put back into the competition and the winners will lose all rights relating thereto.

By taking part in the competition, the winners accept the winnings and/or prizes as offered, without any possibility of exchange (in particular for cash), other goods or services of any kind whatsoever. No winnings or prizes may be compensated in any way whatsoever.

If the Organisation has stipulated particular conditions of award (such as the winner’s place of residence or other requirements specific to the winner’s situation) and these conditions are not or are no longer met at the time of the award, the Organisation may reallocate the winnings and/or prizes concerned to another participant meeting the conditions.

The Organisation reserves the right, in the event of an event beyond its control, in particular linked to its suppliers or to unforeseeable circumstances, to replace the prizes and/or prizes announced with prizes of equivalent value. Winners will be kept informed of any changes.

8. RIGHT TO CANCEL AND MODIFY A COMPETITION

The Organisation reserves the right to extend, shorten, cancel or modify a competition at any time, at its sole discretion, during the participation period – particularly if it is obliged to do so for important reasons (for example, if the competition cannot be run correctly for technical or legal reasons) – without participants being able to claim any compensation.

The Organisation also reserves the right to unilaterally amend the Contest Rules or to adopt specific rules for one or more contests, at any time.

9. LACK OF RELATIONSHIP WITH SOCIAL NETWORKS

The Organisation’s competitions have no connection with the social networks on which they are offered and are in no way sponsored, supported or organised by the social networks. In this context, the information communicated by a participant is not intended for the social network, but for the Organisation. The latter waives the right to assert any third-party claims against the social networks it uses for its competitions. Any questions, comments or complaints in connection with a contest run by the Organisation must not be addressed to the social network but to the Organisation directly.

No user may claim damages from the Organisation in connection with any unavailability and/or malfunction of a social network.

10. USE OF PARTICIPANTS’ PERSONAL DATA

A participant’s personal data may be collected and processed electronically by the Organisation or by any person or company with which it collaborates in connection with the competition. The Organisation undertakes to process participants’ data in accordance with current legislation. Each participant expressly authorises and consents to
the Organisation so that it can

– forward its registered data to third parties, insofar as this is essential for the purposes of the competition; and,

– use the participant’s data to send them advertising or targeted offers by e-mail or other means of communication.

Participants may, for legitimate reasons, object to their personal data communicated in the context of a competition being processed. They also have the right to object to their data being used for commercial canvassing purposes, outside of participation in the competitions, which they may exercise as soon as their participation has been registered by writing to the Organisation at the address given in the Rules.

The winners authorise the Organisation to use their contact details (surname, first name, town or canton of residence) for advertising or public relations purposes, in any medium whatsoever, without this entitling them to any compensation, remuneration, right or benefit whatsoever other than the award of their prize.

11. INTELLECTUAL PROPERTY

Reproduction, representation or use of all or part of the elements making up a competition
is strictly prohibited. All trademarks, logos, texts, images, videos and other signs
reproduced on the social network as well as on sites to which access is provided via links
hypertext links are permitted, are the exclusive property of their owners and are protected by intellectual property rights throughout the world. Their partial or total reproduction or representation
is strictly prohibited and may result in criminal penalties.

12. CONSULTATION OF THE COMPETITION RULES AND DURATION

The Rules may be consulted by means of a link to them during the competition or made available to participants in any other way. Any person with an interest in doing so may also ask the Organisation to provide them with an electronic copy of the rules applicable to a competition in which they have taken part.

Once a competition has been organised, the Organisation is under no obligation to allow the competition rules to be consulted.

13. LIABILITY AND EXCLUSION OF WARRANTY

Each participant releases the Organisation and any third party involved in the organisation of the competition from any liability in connection with the competition in question. In this respect, the Organisation may not under any circumstances be held liable towards a participant or a third party for any damage, including (but not limited to) indirect or consequential damage including, in particular, loss, loss of profit, loss of business, production, contract or commercial opportunity in connection with the competitions and/or the winnings and/or prizes offered.

The Organisation assumes no guarantee (in particular no guarantee for defects) in respect of the winnings and/or prizes. In the event of any defect or malfunction whatsoever, the winners may under no circumstances require the Organisation to intervene to repair the winnings and/or prizes or to replace them.

14. TAX RISKS

Each participant is responsible for informing himself/herself of the possible tax consequences of taking part in the competition and/or winning prizes. Each participant expressly waives any claim or demand for damages of any kind whatsoever on these grounds against the Organisation in this respect.

15. DISPUTES AND CLAIMS

Any complaint must be sent by registered post within 10 (ten) days of the occurrence of the event giving rise to the complaint – but at the latest until the end of the competition – to the Organisation. After this date, no claim will be accepted (loss of right to claim – peremptory time limit). A participant may not take legal action. In this context, the Organisation reserves the right to rule without appeal on any dispute that may arise regarding the interpretation or application of the Rules, it being understood that no dispute will be admitted, in particular regarding the terms and conditions of the game, the results, the winnings and/or prizes or their receipt in accordance with the above.

The Regulations are governed by Swiss law and the place of jurisdiction is Lausanne.

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Legal information :

The Agency Consulting Sàrl (CHE-245.380.510), Route de Lausanne 8, 1033 Cheseaux-Sur-Lausanne, VD, Suisse.

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Status at 13.01.2023