GAME RULES - "The Shoe Lover"

ARTICLE 1: SUBJECT

The company Come&Stay, a limited company with a registered capital of 402,496.40 euros, registered address: 22 bis, rue des Volontaires, 75015 Paris, registered on the Paris Register of Companies as number B 429 699 770, has organised on behalf of the company Spartoo, 9 rue du 19 mars 1962 - 38130 Echirolles, France, a free and without any obligation to buy promotional game entitled "Shoe Lover" running between 22 january 2010 and 30 april 2010.

ARTICLE 2: PARTICIPANTS

The Game is open to all adult users of the Internet in Metropolitan France, and in the European territories of each of the 6 others countries in which the campaign is taking place: United Kingdom, Germany, Italy, Denmark, Sweden and Spain. The rules and the prizes defined in these rules therefore apply for all the countries in question. The personnel of all companies having been involved in the creation of the Game or that have a legal link with the companies having been involved in the creation of the Game as well as the members of their families (spouses, parents, children, brothers and sisters and other persons residing in the same household), as well as any person who has not complied with these rules. No complaints will be accepted. Participation expressly implies good faith which means absolute respect for the rules and the rights of other players and other parties.
Responsibility of players: Truthfulness of information provided. In order to take part in the Game each participant will be asked to register his/her identity and e-mail address. All players agree to correctly complete all of the mandatory fields in the registration form with accurate information.
Come&Stay reserves the right to cancel a prize award if the winner has not completed the form in accordance with documents confirming his/her identity, which must be produced in order to take possession of any prize. Any incorrect or false statement, any fraud will result in the disqualification of the participant. Fraud will notably be deemed as being the action of a participant registering using a dummy name or that borrowed from a third party, as all entrants must register under their own name.

ARTICLE 3: PRIZES AND AWARDING OF PRIZES

All participants automatically win a 15% discount, on the whole site. It can be used once only until the 30th of june 2010, for a minimum purchase of £100, excluding promotions.
In addition, a draw will be held for each of the following prizes in the draw :
- 1 MacBook Air by Apple (1.86GHz,Intel Core 2 Duo processor with 1066MHz frontside bus, 2GB Memory, 120GB SATA hard drive1, NVIDIA GeForce 9400M graphics) with a unit value of £1,174.00 including taxes on the Apple site (or an equivalent at the discretion by the organiser,
- 1 year of shoe supplies (12 pairs of shoes at £80 on spartoo.co.uk, until the 31/12/10),
- 2 Smartbox charming gataways with a unit value of £149.00 including taxes on the Smartbox site, with content that will depend on the country of the winning participants,
-  10 Wii Console with a maximum unit value of £ 199.99. The names of the winners can be put online on the Game site and can be seen by the participants. An email can be sent at the end of the game to all participants to enable them to view the list of winners. The winners agree that their first name, name and country of residence will be published on the game site. The organiser and Smartbox will have the right (including, as relevant, rights in images) to communicate the list of winners using any appropriate medium including and without this being limiting, paper, computer, television and radio media. The winners therefore authorise the Organiser, in the context of an announcement relating to the results of the game, to use their names and first names and country of residence on any medium whatever, without this entitling them to any remuneration, compensation or any other benefit other than the allocation of the prize. All winners will be notified by electronic mail sent to the address as stated on registration.

The winners must confirm their acceptance of the prize within fifteen days together with details of the postal address to which the prize is to be sent, failing this the organiser will retain ownership of the prize. All winners can also be requested to produce proof of their identity in the form of an official document (for example, a passport, driving licence, national identity card, etc.). Only participants whose details as registered for the game match with their proof(s) of identity will be entitled to receive a prize. The organiser cannot be held liable if the winner cannot be informed of the prize on technical grounds (non-existent email address, full mailbox, etc.). It is agreed that the Organiser cannot be held liable if the services used for the delivery of the physical prizes (that is, other than any online voucher, electronic file or other intangible prize) cannot forward the prize to the address as registered by the participant on the Game site form page, notably if the participant has entered false, erroneous and/or incomplete data.
The winners will receive their prize within 8 weeks as of the date of receipt of the confirmation of their acceptance of the prize, their identity and their address by the organiser. No disputes or complaints concerning the prizes will be accepted, nor can they be exchanged, be the subject of the payment of their value in cash at the request of the winner.
The winner agrees not to attempt to invoke any liability on the part of the Organiser concerning the quality, characteristics or the operation of a product or service offered as a prize in the context of the Game, as the Organiser is neither the distributor, the producer nor the manufacturer. No document or photograph relating to the prize has any contractual value. The Organiser reserves the right to substitute, at any time, for any of the offered prizes, a prize of an equivalent value with similar characteristics.

ARTICLE 4: DETAILS OF THE GAME

The game is a 100% winner game and by Drawing of Lots. Every participant will automatically win a 15% discount on the whole site. To also take part in the Draw requires the registration of an e-mail address and the completing in good faith of the mandatory fields in the Game registration form, and this between 22 january and 30 april 2010 (unless this period is extended by the Organiser).
“Friends” (people whose email addresses are entered by the participant – known as the “sponsor”) will be sent an e-mail asking them to confirm that they wish to take part in the game. To confirm their participation, the “friend” must click in the e-mail, complete the registration form and submit the confirmation of participation. This confirmation of participation will increase the chances of the participant winning the Draw of the prize concerned through the sponsorship. The participant (sponsor) will effectively have as many additional entries in the Draw as “friends” who confirm their participation. By way of example, if the sponsor enters 3 e-mail addresses for “friends” during the Game and 3 of these confirm their registration, then the sponsor will have 4 entries at the time of the Draw for the prize concerned. The Draw to determine the winners of the “Shoe Lover” game will take place on 23 June 2010 unless the duration of the game is extended at the discretion of the Organiser, which will then be notified with an update to these rules. These rules have been deposited at the offices of Etude de Société Civile Professionnelle d’Huissiers de Justice, Christian KREMMER, 8 Avenue Louis Jourdan, B.P. 131, 01004 BOURG EN BRESSE CEDEX, FRANCE.
All winners of the game will be notified of the results of the Draw by electronic mail sent to the e-mail address that will have been registered by the participant on registration. The validity of the e-mail addresses of the “friends” may be checked at the end of the game. Any invalid e-mail address (i.e. one that does not allow the routing of electronic mail) may result in the disqualification of the person having entered that address. A participant can only register once as a sponsor (the same e-mail, name and address), can only enter a same e-mail address for a “friend” once and cannot enter his/her own e-mail address as a “friend”.

ARTICLE 5: FREE PARTICIPATION

As the Game is free to enter without any obligation to purchase goods or services, Come&Stay will reimburse the cost of the telephone communications arising from accessing and taking part in the game subject to the connection time limit to the “Shoe Lover” game upon application and at the request of the participants in question sent to the address :
COME&STAY
Jeu “The Shoe Lover”
Frais de Connexion
22 bis rue des Volontaires
75015 PARIS FRANCE

Before 15 may 2010 (date as per post office frank), attaching :
- A Relevé d'Identité Bancaire (RIB) (Bank account details)
- A photocopy of proof of identity (identity card or passport)
- A photocopy of the invoice from the telecommunications operator or another legitimate document showing details of the communication used to connect to the game. The amount of the reimbursement of connection charges will be 0.35 euro, based on a local call at peak time lasting 5 minutes (average connection time for registration, as certified by the Huissier).
For internet users connected by means of ADSL or other links that do not incur any additional cost for registering in the game, no reimbursements will be made. The postage costs for sending the request for the connection charge reimbursement (current price of La Poste for second class mail, weighing: 20 g) and equivalent second class cost for international carriers in each of the other countries in which the Game is organised – specifically, any express shipment or forwarding services such as those offered by Fedex, DHL or UPS will not be reimbursed) can be reimbursed on receipt of a written request with the request for the reimbursement of the connection charges. The photocopy costs incurred in sending the documentary proofs of identity will also be reimbursed at the current second class rate on request submitted with the documentary proofs of identity and at the rate of 0.07 euro per photocopy, up to a limit of 3 photocopies. Any request for reimbursement that is incomplete, incorrectly addressed or incorrectly submitted by electronic mail will not be taken into account. As participation in the game is restricted to one registration per player (same e-mail, name and address), Come&Stay will not reimburse more than one connection to the “Shoe Lover” game per participant over the period of the game.

Computer costs, and including the charges of internet service providers, cannot be reimbursed.

ARTICLE 6: LIABILITIES AND RIGHTS OF THE ORGANISING COMPANY

Participation in the game implies an awareness and acceptance of the characteristics and limitations of the Internet, namely those relating to technical performances, the response times when consulting, searching or transferring data, the risks of contamination by any viruses that may be spread on the network, etc.

Liability of the organising companies

I) Defective operation, connection issues, viruses. Come&Stay cannot be held liable for the defective operation of the game on any internet browser. Come&Stay does not guarantee that the “Shoe Lover” game will operate without interruption or that it does not contain any computing errors or that any errors detected will be corrected. In addition, Come&Stay does not guarantee that the site, the servers giving access to it and/or third party sites with which it has links do not contain viruses or any other elements that could cause damage to goods or people.

II) Data.
Come&Stay cannot be held liable if the data relating to the registration by a participant does not reach it for any reason whatever (such as for instance a problem of connection with the Internet on the premises of the user due to any reason, a momentary failure in our Internet server for any reason, etc.), or if it receives in an illegible form or in a condition that cannot be processed (for instance if the participant uses computer equipment or a software environment that is not suitable for the registration).

III) Prejudice.
Come&Stay cannot be held liable for any prejudice of any nature (personal, physical, material, financial or other) arising as a result of the participation of a player in the game. The player’s participation in the game implies full acceptance of this condition. No claims will be accepted. Right to shorten, extend, modify or cancel the game.

The organising company cannot be held liable if, for any reason outside its control (computer fraud, viruses, etc.) and/or the occurrence of an Act of God event (fire, flood, natural catastrophe, strike, etc.) and/or for any other reason, the game is shortened, modified, extended or cancelled. Right of exclusion, Come&Stay reserves the right to cancel at any moment and without notice the participation of any player who has not complied with these rules.

ARTICLE 7: PERSONAL DATA

The data of a personal nature relating to the winners or the players of the Game is intended for the use of Smart&Co and the other companies present on the game site, notably for the use of their sales and their marketing departments. When the participant registers through the Game website, the IP address of the connection is recorded, for the purpose of checking for fraudulent and/or automated registrations made using Spider-Robot automated registration (or other types of) software.

This information is not retained nor reused and will be destroyed at the end of the Game. In accordance with the French law n°78-17 of 6 January 1978 relating to computing, data files and civil liberties, participants have the right to oppose (Art. 26 of the law), to access (Art. 34 to 38 of the law) and to correct (Art. 36 of the law) data of a personal nature relating to them. Any requests relating to this must be sent in writing to:

Come&Stay
Jeu “The Shoe Lover"
Informations Nominatives
22 bis rue des Volontaires
75015 Paris
FRANCE

ARTICLE 8: RULES

These rules have been deposited at the office of Société Civile Professionnelle d’Huissiers de Justice, Christian KREMMER, 8 Avenue Louis Jourdan - B.P. 131, 01004 BOURG EN BRESSE CEDEX, France. These rules can also be consulted by writing to: COME&STAY ShoeLover Demande de Règlement 22 bis rue des Volontaires 75015 Paris FRANCE These rules will be sent free of charge to any person so requesting and are available on the Game website for the period of the Game.

ARTICLE 9: ACCEPTANCE OF THE RULES

Participation in the game implies unreserved acceptance of all the rules. By registering on the site, the player certifies that he/she fulfils all the relevant conditions to take part in the game and agrees to comply with the conditions of these rules as well as with the applicable laws and regulations for promotional games. It is strictly prohibited to modify or attempt to modify by any means whatever the arrangements for the Game, notably with the aim of changing the results or influencing by means of an automated or unfair process the validity of the draw or the name of a winner. If it is proven that a participant has been drawn or has apparently won a prize in breach of this rule, by fraudulent means, such as an automated search or the use of an algorithm, or by any means other than those as defined in the process by the Organiser on the Site or in these rules, the prize will not awarded and will remain the property of the Organiser, without prejudice to any legal action that may be taken against the participant by the Organiser or any third party. It is strictly prohibited for a participant to take part using several e-mail addresses as well as to take part from a player’s account opened for another person. Only one player account will be opened by a single person with the same name, first name(s), e-mail address and domicile.

ARTICLE 10: DEPOSITING OF THE RULES

It is hereby agreed that, except for obvious errors, the data contained in the computer systems of Come&Stay shall have convincingness with regard to the connection elements and the information resulting from a computer processing relative to the game.