ARTICLE 1. DEFINITIONS
KITSUNÉ MUSIQUE, RCS Code 800 484 198 Paris B, 52 rue de Richelieu 75001 Paris, France represented by Gildas Loaëc (hereafter “KITSUNÉ”) has decided to organize a contest entitled Kitsuné’s Advent Calendar (hereafter the “Contest”) in order to offer twenty-four (24) products (hereafter the “Products”), one Product offered per day from 1st December 2017 to 24th December 2017 (hereafter the “Contest Period”), with a total value estimated at two thousand and forty five euros (2 045 €) excluding taxes.
The details of these Products are listed in Exhibit A,
ToneDen provides services dedicated to the customer retention programmes.
ARTICLE 2. ELIGIBILTY
The Contest is open to all physical person of legal age, worldwide and who have an active e-mail account and Internet access as of the beginning of the sweepstakes period (hereinafter the “Participant”).
Participation in the Contest requires Participant’s express consent to terms and conditions provided by ToneDen and KITSUNÉ.
ARTICLE 3. PARTICIPATION CONDITIONS
Participant may enter the Contest in two ways:
1. To enter online, Participant shall select the Contest link each day from Kitsuné page, available at https://kitsune.fr/journal/advent-calendar-2017 between 00:01 to 23:59 each day, fill out the entry form in its entirety, follow the directions for submitting, give express consent and click on the button to submit the form.
2. To enter via email, participant can send an email to firstname.lastname@example.org.
No mechanically reproduced mail-in entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods. Only one entry per person, household and/or e-mail address is permitted, regardless of method of entry. Entrants submitting multiple entries or violating any of these terms and conditions may be disqualified.
ARTICLE 4. PRIZE DRAWING
All Contest entries meeting the requirements of these terms and conditions will be entered into the prize drawing. The drawing will be conducted either by independent persons or a computer program that randomly chooses the winners, from all eligible entries received and the random selection is final and binding. The winners will be selected, each day during the Contest Period, at random from among all eligible entries received.
ARTICLE 5. PRIZES AND ODDS
The odds of winning a prize depend on the total number of eligible entries received. No cash or other substitution of prizes is permitted, except at the sole option of KITSUNÉ for a prize of equal or greater value. KITSUNÉ will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes.
ARTICLE 6. NOTIFICATIONS OF WINNERS
Winners will be notified by e-mail by KITSUNÉ within fourteen (14) business days of the prize drawing. Winners may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner selected from remaining valid, eligible entries timely submitted. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the e-mail account specified in the entry. “Authorized account holder” is defined as the natural person who accepted the terms and conditions, who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. No automatically generated entries will be accepted.
ARTICLE 7. GENERAL RULES
By entering the Contest, Participant agree to be bound by these terms and conditions. The Contest is offered by KITSUNÉ; which is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
By entering the Contest, Participant agree to release, indemnify, defend and hold KITSUNÉ and its parent, affiliates, subsidiaries, directors, officers, employees, and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Contest, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Contest or acceptance or use of a prize or parts thereof, including, without limitation, (i) any condition caused by events beyond KITSUNÉ’s control that may cause the Contest to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest; and (iii) any printing or typographical errors in any materials associated with the Contest.
In no event will KITSUNÉ be liable to Participant for any direct, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with your participation in the Contest, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability has been advised of the possibility of such loss or damage.
ARTICLE 8. ADDITIONAL CONDITIONS
Participant acknowledge that, as a result of their participation in the Contest, their information will be used for advertising, promotional and commercial purposes, including without limitation, inclusion in KITSUNÉ’s newsletters and the Contest’s website at https://www.toneden.io, without additional compensation.
KITSUNÉ reserves the right, in its sole discretion, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised, without liability to the entrant.
KITSUNÉ reserves the right to disqualify any entrant or winner since any incomplete, inaccurate, false, counterfeit or fraudulent participation cannot be taken into consideration.
By participating in the Contest, Participant acknowledge that they have read these terms and conditions and agree to abide by them and by the decisions of KITSUNÉ, which are final and binding on all matters pertaining to the Contest.
In compliance with the stipulations of the law of 6 January 1978, referred to as the “Law on Information Technology and Civil Liberties”, Participant have the right to access, modify or correct the personal data relating to them.
ARTICLE 10. APPLICABLE LAW
These terms and conditions will be interpreted in accordance with French legislation applicable to contracts entered into and performed in France. In case of contestation, the parties agree to the exclusive jurisdiction of the Paris Courts.
ARTICLE 11. LEGAL INFORMATION
The Kitsuné Musique is an Single Owner Limited Liability Company with capital of 1 000,00 euros, with registered offices at 52 rue de Richelieu – 75001 Paris, France, registered in the Paris Trade and Companies Register under no. 800 484 198 Paris B, represented by Gildas Loaec, its Chief Executive Officer.
Siret (company number): 80048419800018
EXHIBIT 1 – DETAILS OF THE PRODUCTS
Date from midnight to midnight Products details
1st December 2017 Sweat shirt tricolor fox (homme/femme)
2nd December 2017 Pack Kitsuné Maison 18 (Vinyle + Tote Bag Maison 18)
3rd December 2017 T-shirt tricolor fox patch (homme/femme)
4th December 2017 Pack Artiste 2016 (Mothxr & Beau)
5th December 2017 Shopping bag Palais Royal
6th December 2017 Pack Discography Parcels (Maison 17 + Hideout EP + Overnight Single)
7th December 2017 Tricolor coin purse leather
8th December 2017 Pack Remix
9th December 2017 Pack Café (Coffee Beans + Tote Bag)
10th December 2017 Cap 6P tricolor fox patch
11th December 2017 Pack artistes 2017 (Parcels & Tkay)
12th December 2017 Tricolor fox keyring
13th December 2017 Pack Digitalism
14th December 2017 Virgin wool R neck pullover
15th December 2017 Casque AI AI AI
16th December 2017 Candle moss
17th December 2017 T-shirt handwriting
18th December 2017 Pack Love (Love + singles)
19th December 2017 Tricolor card holder leather
20th December 2017 Pack Café (Coffee Beans + Tasses)
21st December 2017 Toy Superfiction x Maison Kitsuné
22nd December 2017 Pack Parcels (Hideout EP + Tee ocean)
23nd December 2017 Oxford stripe fox embroidery classic shirt
24th December 2017 PACK : Label + Mode + Café – 1 Vinyle (Parcels) + I fox you sweatshirt + Coffee Beans