Loose Trucks Tight Lines - Terms and Conditions
“Win Doobie’s prize pack”
TERMS AND CONDITIONS
ARTICLE 1 – ORGANIZATION OF THE GAME
The Company Volcom SAS, having its registered office at 1 allée Belharra, 64600 Anglet, France, registered with the Trade and Companies Register of BAYONNE under the number 488 298 62 (hereinafter the "Organizing Company") and represented by JOOST GROOTSWAGERS, in his capacity as President organizes during the hereinafter referred to as “Campaign period” a free game entitled: “Win DOOBIES PRODUCTS PRIZE PACK" (hereinafter referred to as "the Game").
The Game, organized with no purchasing obligation and in the form of sweepstakes, is governed by the terms and conditions described in these Rules (hereinafter referred to as “the Rules”).
The Rules are accessible on the Organizing Company’s website. Any additions and modifications to the Rules, which may be published during the Game, shall be considered as part of the Rules. They shall be accessible to the Contestants the same way as the initial Rules.
To this respect, the Organizing Company shall not incur any liability in the event of force majeure or events beyond its control if it is forced to cancel the Game, as well as in case of extension or limitation of the Campaign Period or more generally any modification of the conditions of the Game and/or its Rules.
Indeed, the Organizing Company reserves the right to cancel or modify the Game or its Rules at any time if fraud, technical failures, virus, tampering, malfunction, error, disruption, damage or any other factor beyond the Organizing Company’s reasonable control impairs or will impair the administration, security, fairness, or integrity of the Game, as determined by the Organizing Company, in its sole discretion.
The Organizing Company is a manufacturer and seller of a broad array of apparel and accessories sold under and identified by the VOLCOM name and certain derivatives thereof and associated logos (the “VOLCOM Marks”) pursuant to a license granted by ABG-Volcom, LLC (“ABG”), the owner of the VOLCOM Marks.
Pursuant to the Organizing Company License Agreement dated as of April 1, 2019, as amended from time to time (the “Master License”), ABG granted to the Organizing Company the right to use the VOLCOM Marks in certain territories and for certain apparel and accessories, all as set forth in greater detail therein. By entering the Game the Contestant acknowledges and agrees that (i) if the Master License is terminated for any reason, then the Game and any related agreement(s) shall automatically terminate, (ii) ABG is the exclusive owner of the VOLCOM Marks and all combinations, forms, variants, modifications, embodiments and derivatives thereof throughout the world and all goodwill related to such marks, (iii) to the extent any rights in and to the VOLCOM Marks are deemed to accrue to the Contestant, the latter hereby assigns any and all such rights, at such time as they may be deemed to accrue including the related goodwill, to ABG under the Master License, (iv) the Contestant shall not during the Campaign Period or thereafter attack or challenge (a) the ownership rights of ABG in and to the VOLCOM Marks or the validity of such marks, (b) any application for registration or registration of such marks, (c) the rights licensed to Volcom, LLC in and to the VOLCOM Marks, or (d) the validity of the Master License or any other rights.
The Organizing Company may promote and advertise the Game using services provided by Facebook, Inc. (“Facebook”), Twitter, Inc. (“Twitter”), and Instagram, Inc. (“Instagram”); however, this sweepstakes is in no way organized, sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram. Any inquiries regarding the Game are to be directed to the Organizing Company.
As a consequence, the personal data collected in the context of this Game is intended for the Organizing Company and not for Facebook, Google, Twitter, Apple or Microsoft.
As the Game is accessible on Facebook (www.facebook.com), Facebook will not be held responsible in the event of a dispute related to the Game. Facebook is neither the organizer nor the sponsor of the operation. The personal data collected during the Game is intended for the Organizing Company in accordance with the Rules.
As the Game is accessible on cell phones, under no circumstances will Apple, Microsoft, Google or any other mobile application platform be held responsible in the event of a dispute related to the Game.
ARTICLE 2 – ELIGIBILITY AND AGREEMENT TO THE RULES
The Game is open to all European residents over 18 years old at the time of the entry, with Internet access and a valid e-mail address, residing in the following countries: countries of the EUROPEAN UNION, United Kingdom, Switzerland and Norway (hereinafter referred to as the “Contestants”, and each of them referred to as the “Contestant”), with the exception of the staff of the Organizing Company and their families, as well as all persons having participated in the elaboration of the Game.
The Contestants warrant that they meet the eligibility requirements. Their participation to the Game implies their agreement to the Rules. In addition, they agree to accept the decisions of the Organizing Company as final and binding as it relates to the content of this Game.
ARTICLE 3 – CAMPAIGN PERIOD
Entries will be accepted online starting on THURSDAY 25 APRIL 9h00 CET and ending on SATURDAY 10 APRIL 24H00 CET. All online entries must be received by SATURDAY 10 APRIL 24H00 CET.
The Organizing Company’s computer will be the official time-keeping device. Entries received after the Campaign Period will not be eligible. Any proof of submission does not constitute proof of receipt.
ARTICLE 4 – TERMS OF PARTICIPATION
This Game takes place exclusively on the internet during the Campaign Period, via:
This URL is accessible from the website "www.volcom.com", various partner sites, social networks (Facebook, Twitter, Instagram ...), the E-newsletter of the company.
The Game must be entered by submitting an entry using the online form provided at [Link to the Game].
The entry must fulfill all the Rules to be eligible to win a prize (hereinafter referred to as “the Prizes”, and each of them referred to as the “Prize”). Entries that are incomplete or do not adhere to the Rules may be disqualified at the sole discretion of the Organizing Company.
Only one participation per person - same name, first name and e-mail address - is allowed during the whole Campaign Period.
If the Contestant uses fraudulent methods or otherwise attempt to circumvent the Rules (as using different e-mail addresses for the same person for example), his/her submission may be removed from eligibility at the sole discretion of the Organizing Company.
ARTICLE 5 –DESIGNATION OF WINNERS
1 winner will be drawn after the end date of the Game mentioned in Article 3 within 15 days.
The draw will determine the winners from among the Contestants who have completed and validated the entry form.
Winner will be contacted directly by e-mail by the Organizing Company within 15 days after the draw in order to obtain his/her postal address to send or communicate his/her Prize.
The Organizing Company shall have no liability for the winner’s failure to receive notices due to spam, junk e-mail or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information.
If the winner cannot be contacted, is ineligible, fails to claim the Prize within 30 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the Prize will be forfeited and an alternate winner will be selected.
ARTICLE 6 – PRIZES
The Game is endowed with the following Prize(s) awarded chronologically to the valid Contestant(s) drawn and declared winner(s). Each winner will receive one Prize.
List of Prizes and corresponding estimated value:
● (Volcom Loose trucks Tight Lines products pack, 1 Daiwa fishing rod, 1 YETI cooler, 1 Volcom custom Lure] with a unit value of  euros including tax.
Actual/appraised value may differ at time of Prize award. The specifics of the Prize shall be solely determined by the Organizing Company.
Upon request of the Contestant, the Prizes cannot be exchanged for their cash value or for any other Prize and they are nontransferable.
The Organizing Company shall not be held responsible for the use or non-use, or even trading, of the Prizes by the winners.
Any and all Prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the winner.
In case of force majeure, the Organizing Company reserves the right to cancel the won Prizes without compensation.
ARTICLE 7 – IDENTIFICATION OF WINNERS AND ELIMINATION OF PARTICIPATION
Contestants authorize the verification of their identity and of all information appearing on the entry form. Entries that are not fully completed and/or contain incomplete or false contact information will not be considered and will result in elimination from the Game.
Similarly, failure to comply with the Rules and any fraud or attempted cheating, whatever the method, will result in the pure and simple elimination of the author's participation.
Moreover, receipt by the winner of the Prize offered in the Game is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these official rules by the winner will result in the winner’s disqualification as winner of the Game and all privileges as winner will be immediately terminated.
The Organizing Company may prohibit an entrant from participating, winning, or accepting a Prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Game and associated Prize(s) by cheating, fraud, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other Contestants or the Organizing Company’s representatives. The Organizing Company’s failure to enforce any term of these Rules shall not constitute waiver of that provision.
Caution: any attempt by a Contestant to undermine the legitimate operation of the Game is a violation of criminal and/or civil laws and should such an attempt be made, the Organizing Company reserves the right to seek damages and other remedies from such person to the fullest extent permitted by the law.
ARTICLE 8 – INTELLECTUAL, LITERARY AND ARTISTIC PROPERTY RIGHTS
The images used on the Game website, the objects represented, the brands and trade names mentioned, the graphic elements, the computer elements and the databases making up the Game site are the exclusive property of their respective owners and may not be extracted, reproduced or used without the written authorization of the latter, under penalty of civil and/or criminal proceedings.
ARTICLE 9 – PERSONAL DATA
The Contestant’s personal data shall be processed by the Organizing Company, acting as recipient and controller, in accordance with the amended "Informatique et Libertés" French Law of January 6, 1978 and the European Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data.
In this frame, the Contestant has a right of access and rectification to the information that concerns him/her, as well as a right of opposition, the right to limit processing and to erasure within the framework permitted by the European Regulation.
The Contestant may access the information concerning him/her by sending an email to the address: [...]
The Data Protection Officer (DPO) can be reached at the following address [...].
By completing the form and sending the documents required to ensure participation in the Game, the Contestant consents to the processing and collection of his/her personal data.
The personal data collected is mandatory. If the Contestant does not provide the required data, he/she will not be able to participate in the Game.
The Contestant’s personal data is intended exclusively for the Organizing Company for the sole purpose of taking into account his/her participation in the Game, managing the winners, awarding the Prizes and to meet legal and regulatory obligations.
It may also be used for commercial prospecting purposes, subject to the Contestant’s consent.
The Contestant’s personal data shall be transferred to the Organizing Company’s marketing and communication services, as well as to service providers and subcontractors that the Organizing Company may call upon for the purposes of organizing and/or managing the Game. These subcontractors are located in the European Union.
The Contestant’s personal data will be immediately deleted once the Game has ended or will be kept for a maximum of 3 years if the Contestant has agreed to the use of his /her data for commercial prospecting purposes. This period may be longer in the event of a legal risk in order to ensure the Organizing Company’s interests.
If the Contestant has been selected as a winner, the Contestant’s name(s) may be posted on www.volcom.com, on any other website linked to the Organizing Company as well as on any social network of the Organizing Company (Facebook, Instagram...). The participation to the Game implies such use.
Should the Contestant decide before the end of the Campaign Period to no longer accept the use of his/her personal data, his/her participation to the Game should be cancelled immediately.
Under this condition, the Contestant may withdraw his/her consent at any time.
If, after contacting the Organizing Company, the Contestant believes that his/her rights with regard to information technology and civil liberties have not been respected, he/ she may submit a complaint to the National Commission on Informatics and Liberty (CNIL).
The Contestant is also informed that by accessing the Game's website, cookies may be stored on his/her computer's hard drive. Cookies files record their navigation on the Game website. Cookies are used to identify each Contestant in order to allow him/ her to access information more quickly, without having to re-enter it. They can in no way damage the data on the Contestant’s computer. The Contestant may oppose the recording of cookies or choose to be warned of the recording of cookies on his/her hard disk, by configuring his/her browser software (the Contestant is invited to refer to the conditions of use of his/her browser concerning this functionality). When this setting is made, the Contestant will still be able to access the Game website and participate in the Game.
ARTICLE 10 – LIABILITY ISSUES
Participation implies knowledge and acceptance of the characteristics and limits of the Internet, the lack of protection of certain data against possible misappropriation or piracy and the risk of contamination by possible viruses circulating on the network.
The Organizing Company declines all direct or indirect responsibility in the event of misuse or incident related to the use of the computer, access to the Internet, maintenance or malfunction of the Game servers, the telephone line or any other technical connection, or the sending of forms to an incorrect or incomplete address.
It is the responsibility of each Contestant to take all appropriate measures to protect his/her own data and/or software stored on his/her computer equipment against any attack.
The Organizing Company will make its best efforts to allow access to the Game. The Organizing Company may, at any time, particularly for technical, updating or maintenance reasons, interrupt access to the site and the Game. The Organizing Company shall in no case be held liable for these interruptions and their consequences. No compensation may be claimed in this respect.
In addition, the Organizing Company cannot be held responsible in the event of problems with the delivery or loss of postal or electronic mail (particularly with regard to the delivery of Prizes). Any Prize sent by the Organizing Company to a winner that is not claimed or returned for any other reason by the postal services will be lost for the winner and will remain the property of the Organizing Company.
More generally, the Organizing Company cannot be held responsible for the malfunctioning of the Internet network, nor for any delay, loss or damage resulting from the postal and management services.
ARTICLE 11 – JURISDICTION AND INTERPRETATION OF THE RULES
Any dispute over the interpretation of the Rules will be decided by the Organizing Company.
Participation in the Game implies unreserved acceptance of (i) the Rules in all their stipulations, (ii) the ethical rules in force on the Internet (netiquette, charter of good conduct, etc.) as well as (iii) the laws and regulations in force on French territory and, in particular, the French regulations applicable to games and contests.
Except in the case of obvious errors, it is agreed that the information resulting from the Game systems of the Organizing Company have evidentiary force in any dispute as to the elements of connection and computer processing of said information relating to the Game.
Prior to any legal action related to or in connection with the Rules (in particular their application or interpretation), the Contestants undertake to make an amicable and informal appeal to the Organizing Company.
Any dispute that cannot be settled amicably will be submitted to the competent courts on which the headquarters of the Organizing Company depends, except for public order provisions to the contrary.