In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of June 21, 2004 for Confidence in the Digital Economy, known as L.C.E.N., users and visitors, hereinafter the"User", of the site www.devor.me, hereinafter the "Site", are informed of the present legal notice.
The connection and the navigation on the Site by the User implies the full acceptance and without reserve of the present legal notice.
The latter are accessible on the Site under the heading "Legal information".
ARTICLE 1 - THE PUBLISHER
The Site is published by DVRTCH, a simplified joint stock company with a capital of 1795.10 euros, registered in the Lille Trade and Companies Register under number 900 913 963, whose head office is located at 18 place Catinat, 59800 Lille.
E-mail address: firstname.lastname@example.org.
Intracommunity VAT number : 55900913963
The Director of the publication is : Jean Valfort
ARTICLE 2 - THE HOST
The host of the Site is Webflow, whose registered office is located at 398 11th St., Floor 2, San Francisco, CA 94103.
E-mail address: email@example.com
ARTICLE 3 - ACCESS TO THE SITE
The Site is accessible at any place, 7 days a week, 24 hours a day, except in cases of force majeure, scheduled or unscheduled interruptions that may result from a need for maintenance.
The Publisher shall not be liable for any modification, interruption or suspension of the Site.
SECTION 4 - DATA COLLECTION
The Site ensures that the User's personal information is collected and processed with respect for privacy in accordance with the French law n°78-17 of January 6, 1978 relating to information technology, files and freedoms.
Under the Data Protection Act of January 6, 1978, the User has the right to access, rectify, delete and oppose his personal data. The User exercises this right:
- by e-mail to firstname.lastname@example.org
- by post to 18 place Catinat, 59800 Lille ;
Any use, reproduction, distribution, marketing, modification of all or part of the Site without the Publisher's authorization is prohibited and may result in legal action and prosecution as provided for in the Intellectual Property Code and the Civil Code.
RULES FORKETTA LAUNCH CONTEST
Article 1 : Organizing company
The company DVRTCH registered in the Lille Metropole Trade and Companies Register under number 900 913 963, whose registered office is located at 18 place Catinat 59800 Lille (the " Company "), is organizing in metropolitan France a free game with no obligation to purchase from December 10, 2022 at 00:01 a.m. to January 31, 2023 at 11:59 p.m. (dates and times in metropolitan France being taken as proof of the date and time of the game), entitled "FORKETTA LAUNCHING CONTEST" (the " Game ").
This operation is accessible via the page: https://04tnt7520x4.typeform.com/to/fI6jCuWo
Article 2: Conditions of participation
2.1 This Game is open to any natural person of legal age (as evidenced by their marital status) residing in metropolitan France (including Corsica), whether or not they are customers of DVRTCH, who wishes to register free of charge from the web page: https: //04tnt7520x4.typeform.com/to/fI6jCuWo.
Participation in this Game is strictly personal and nominative, and the Company reserves the right to make all necessary verifications concerning the identity, postal and/or electronic address of participants.
2.2 All employees of the Company, its franchisees and/or members of their families in the direct line of succession, as well as any person who has participated directly or indirectly in the design, implementation or management of the Game, are excluded from participating in this Game and from receiving any prize, whether directly or indirectly.
2.3 Persons who have not provided full details and identity or who have provided them inaccurately or falsely will be disqualified, as will persons who refuse to accept the collection, recording and use of personal information concerning them and strictly necessary for the management of the Game.
2.4 Participation in the Game implies full and unconditional acceptance of these rules and the principles of the Game. Any non-compliant participation will result in the automatic cancellation of the participation for the entire duration of the Game and the possible awarding of prizes.
Article 3 : Participation modalities
The game is played as follows, the player must:
- Connect to the following address to the form: https: //04tnt7520x4.typeform.com/to/fI6jCuWo
- Fill out the entry form and provide the following information: last name, first name, email address.
- Click on "I am participating" to confirm that you have read and understood these rules.
The conditions of participation in the Game are as follows:
● The player can only play once.
● The Game will run from December 10, 2022 at 12:01 a.m. to January 31, 2023 at 11:59 p.m.
● The draws will be conducted as follows: Each prize awarded will be subject to a random draw from all valid entries in the Game.
● The player can only win one and only one prize put at stake.
The Game is accessible 24 hours a day on the Internet at: https: //04tnt7520x4.typeform.com/to/fI6jCuWo
The announcement of the Game is made on the flyers / leaflets inserted in each order of the Forketta brand made by a customer on a takeaway delivery platform or collected by click & collect in one of the Company's kitchens located in Boulogne, Le Havre or Lille.
Article 4: Designation of winners
Winners will be selected at random on February 1, 2023 from all eligible entries. As with any sweepstakes, this Game is governed by chance and each participant must comply with its spirit and rules.
Once drawn, winners will be contacted by email within seven (7) days by the Company (email: email@example.com) at the email address provided by the Player through the form. Winners will be required to confirm their participation in the Game and their desire to receive the prize awarded. If a winner does not respond within fifteen (15) days of the email being sent to the Company, or if the email address provided by the winner is incorrect, or if the winner refuses the prize awarded, the winner will be deemed to have forfeited the prize and the prize will remain the property of the Company.
By accepting the prize, the winner authorizes the Company to use his or her first and last names, as well as the indication of his or her city, in any publicity or promotional event, on the Organizer's Internet site and on any affiliated site or medium, without this use giving rise to any rights or remuneration other than the prize won.
Winners must comply with the rules to be awarded their prizes. Participants authorize all verifications concerning their identity, age, contact information (email and postal address) or the loyalty and sincerity of their participation. In this regard, the Company reserves the right to request a copy of the winner's identity document before sending the prize. Any false declaration, false indication of identity or address will result in the immediate elimination of the participant and, if necessary, the deactivation, a request for reimbursement or return of the prizes already sent.
Article 5: Prizes
The Game consists of the following prizes:
- 1 iPhone 14 - Price generally observed: € 1019 including VAT (corresponding to a 6.1 inch screen, the minimum memory offered and a standard color)
- 1 return flight Paris-Rome for 2 people with a maximum commercial value of 500 euros TTC
- 1 FORKETTA discount voucher with a commercial value of 50 euros (to be used on Uber Eats before February 28, 2023)
Article 6 : Delivery of the lots
Winners whose valid entries are confirmed will receive all the information necessary for the delivery of the prizes via an email sent by the Company within seven (7) working days following the draw.
The winner concerned by a postal delivery must communicate his or her postal address to the Company so that it can send him or her the prize.
The iPhone 14 will be mailed (postmarked) to the winner within twenty-one (21) days of the drawing to the address provided by the winner to the Company by email.
The round trip flight for 2 people, departing from an airport in Paris (France) and going to an airport in Rome (Italy) for a trip lasting a maximum of 10 days in Rome, must not exceed a total amount of 500 euros including tax. The departure must take place no later than May 31, 2023 from an airport in Paris and the airline will be chosen by the Company. One small piece of luggage will be allowed during the trip.
The FORKETTA voucher will be sent to the winner by email within 7 days of the draw as a promotional code valid only on Uber Eats.
The Company cannot be held responsible for sending the prizes to an incorrect address due to an error or negligence on the part of the winner. If the prizes could not be delivered to their addressee for any reason whatsoever, independently of the Company's will (the winner having moved without updating his/her address, etc.), they will definitely remain the property of the Company.
The prizes are not interchangeable for any other object, nor for any monetary value and will not be refunded in whole or in part. Winners are informed that the sale or exchange of prizes is strictly prohibited.
The value indicated for the prize(s) corresponds to the current or estimated public price (including tax) at the date of drafting of the rules, it is given as a simple indication and is subject to variation. The Company cannot be held responsible for any incident/accident that may occur in the use of the prizes. All brands or product names mentioned are registered trademarks of their respective owners.
Article 7 : Free game with no obligation to buy
Reimbursement of connection costs incurred for participation in the Game will be made within the limit of three (3) minutes of connection, on the basis of the cost of a local call at the Orange/France Telecom rate in force at the time of drafting these rules (i.e. 0.16 euros per minute).
Given the current state of service and technology, some Internet service providers offer a free or flat-rate connection to Internet users, it is expressly agreed that any access to the site on a free or flat-rate basis (such as connection by cable, ADSL, It is expressly agreed that any access to the site on a free or flat-rate basis (such as connection by cable, ADSL, optical fibre or specialised connection) shall not give rise to any reimbursement, insofar as the subscription to the services of the access provider is in this case contracted by the Internet user for his/her use of the Internet in general and that the fact that the participant connects to the site and requests the rules does not cause him/her to incur any additional costs and expenses.
Requests for reimbursement of participation fees must be made in writing to the following address: 18 place Catinat 59800 Lille France. Participants must provide a copy of their identity card in this request, indicate legibly their complete postal address, and imperatively attach to their request a bank account number (or an R.I.P.) as well as the photocopy of the supporting invoice, with the dates and times of connection clearly underlined.
Any request for reimbursement that is illegible, erased, incomplete or sent after the deadline cannot be processed. No refund request can be made by telephone or by e-mail.
The refund will be made by bank transfer within an average of 6 to 8 weeks from the date of receipt of the written request of the participants.
In any case, only one reimbursement request will be accepted per participant registered in the Game [same name, same first name, same bank account number (IBAN+BIC) and/or same email address] for the entire duration of the Game and only in the context of participation in the Game covered by these rules.
Article 8: Limitation of liability
The terms and conditions of the Game as well as the prizes offered to the winners cannot be contested in any way.
Participation in the Game implies knowledge and acceptance of the characteristics and limits of the Internet, 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 on the Internet, the lack of protection of certain data against possible misappropriation, and the risks of contamination by any viruses circulating on the network. Consequently, the Company shall not be held responsible under any circumstances, without this list being restrictive:
- 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 Game;
- failure of any receiving equipment or communication lines;
- the loss of any paper or electronic mail;
- problems of delivery of the batches due to the conveyor;
- the operation of any third-party software involved in the Game;
- the consequences of any virus, computer bug, anomaly, technical failure;
- any damage to a participant's computer;
- any technical, hardware or software failure of any kind, which prevents or limits the possibility of participating in the Game or which damages a participant's system;
- the malfunctioning of the prizes distributed in the context of the Game, and any direct and/or indirect damage that they may cause.
It is specified that the Company cannot be held responsible for any direct or indirect damage resulting from an interruption, a malfunction of any kind, for any reason whatsoever, or for any direct damage resulting in any way whatsoever from a connection to the site developed in the context of this Game. It is the responsibility of each participant to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack. The connection of any person to https://04tnt7520x4.typeform.com/to/fI6jCuWo and the participation of the participants in the Game are under their entire responsibility. The Company may cancel all or part of the Game if it appears that fraud has occurred in any form whatsoever, including computer fraud, in determining the winners. In this case, it reserves the right not to award the prizes to the fraudsters 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 frauds 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 Game under his or her own and unique name. Any fraud will result in the participant's elimination.
The Company shall not be held responsible if, due to force majeure or an event beyond its control, this Game is cancelled, extended, shortened, modified or postponed. Any changes will be notified in advance by any appropriate means. Additions and modifications to the rules may be published during the Game. They will be considered as annexes to these rules.
The Company reserves the right to permanently exclude from the Game any person who, by his or her fraudulent behavior, would interfere with its proper conduct. Any attempt to use the Game outside the unmodified interface set up on the https://04tnt7520x4.typeform.com/to/fI6jCuWo page will be considered an attempt at fraud. In addition, decompiling the Game, using a personal script or any other method to circumvent the intended use of the Game in these rules will also be considered an attempt at fraud and will result in the immediate elimination of the participant without recourse.
For greater certainty, the foregoing does not diminish winner's legal rights and remedies.
Article 9 : Availability of the regulation
The rules of the Game are available free of charge to any person who requests them from the Company at the following address: 18 place Catinat 59800 Lille France. Stamps related to the written request for a copy of the rules will be reimbursed at the slow rate on simple request, under the same conditions as those described in Article 7 of the rules.
Article 10: Personal data
It is reminded that to participate in the Game, players must necessarily provide certain personal information about themselves (last name, first name, email address, DĒVOR kitchen in which the customer usually orders). The winner of the iPhone 14 will have to communicate his or her postal address to the Company and, if necessary, a copy of his or her identity card so that the Company can send him or her the prize won. (hereafter the " Data ").
This Data is intended for the Company, acting as the data controller. The Company undertakes to process the Data in accordance with Law 78-17 of January 6, 1978 relating to information technology, files and freedoms (Loi Informatique et Libertés) and European Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) (the " Applicable Regulation ").
This Data is necessary for the execution of the contract between the Company and the participants when they decide to participate in the Game, in order to allow the Company to organize the participation of the players, the progress of the Game and for the purpose of providing the prizes to the winners of the Game. Failure to provide such Data will result in ineligibility to participate in the Game.
The Company may also process the Data in order to process the request for reimbursement of consultation or sending of the rules, in accordance with Articles 7 and 9 above.
In connection with the performance of the contract between the Company and each participant in the Game, the Company also has a legitimate interest in sending email communications to the participant in order to inform him or her about its marketing actions, to offer promotional offers or to invite him or her to participate in a customer satisfaction survey. Each participant may unsubscribe from this newsletter at any time by simply clicking on the link provided for this purpose at the bottom of any communication.
These Data are intended for the Company, which may transmit them to its technical service providers and/or to a service provider ensuring the delivery of the prizes. The Company requires sufficient guarantees in terms of data protection from the service providers it uses in this context.
The Data is kept for the time necessary to achieve the purposes described above, namely for a maximum of 3 years after the last contact it has with the player in the context of sending email communications to its customers. The data necessary for the mailing of the prizes will be deleted after the mailing of the prizes.
A shorter or longer retention period may apply if a player requests the Company to delete it before the expiration of such period - subject to the conditions imposed by the Applicable Regulations - or where the law permits or requires it to be retained for a longer period. Under the terms of the Applicable Regulations, each player has the right to access, rectify, portability and deletion of his or her data, and the right to object to and limit the processing of his or her data. To exercise these rights, players should send an email to firstname.lastname@example.org or a letter to the following address: 18 place Catinat 59800 Lille France. Finally, Players have the right to file a complaint with the CNIL.
Article 11: Disputes
In order to be considered, any disputes relating to the Game must be made in writing to the following e-mail address: email@example.com and no later than ninety (90) days after the deadline for participation in the Game as indicated in these rules.
Article 12: Applicable law and jurisdiction
The present rules are subject to French law.
In case of persistent disagreement on the application or interpretation of these rules, and in the absence of an amicable agreement, any dispute will be submitted to the competent court in Paris.