1 -
Organisator
The
site kadokash.com (can be visited at http://www.kadokash.com/) offers a
platform for free WINNERS MOMENT games without any obligation for purchase for an
undefined period starting from 2 July 2007. The company named ML
Enterprise is the organiser. It is a company registered with the
Register of Companies of Pontoise under registration number B 498800218
as a Limited Liability Company with a working capital of 7 000 (seven
thousand) Euros and its address is 40 rue du général Empain 95570
BOUFFEMONT.FRANCE
2 -
Thermen und Bedingungen des Spieles
These games are open to all
individuals above 18 years except for the members of the family of the
organiser of the game as well as any other person(s) who collaborated, in any capacity
whatsoever, in the organisation of the games.
These games are open to the residents of the following COUNTRIES: France, Germany, Italy, England and Spain.
They must give a valid address in their country of residence for sending
the jackpot in case they win.
The participation in the games is done exclusively by electronic means on the
website kadokash.com and it is individual. Each participant must play
personally and, as a result, is prohibited from resorting directly or
indirectly to any type of questioning or automated request of the site.
Modifying or trying to modify the gaming-devices offered, by any process
whatsoever, especially in order to change the results or any factor that
determines the origin of a game and the winners of a game. The organiser reserves the right to make the
players adhere to the equality of opportunity between all the participants
especially by means of justice or by any other means that he may deem
appropriate. The organiser also reserves the right to reject anyone who does
not adhere completely to these rules.
3 -
Teilnahme
The games can be accessed through an access code provided by audiotel, SMS, credit card
secure and all new modalities to come.
4 -
Kostenerstattung
The
participation in games is unrestricted and free in such a manner that
the expenses incurred by the participant are reimbursed according to
the following terms and conditions.
For each participant,
organiser remembers the date and time of logging-in and logging-off
from the site as well as the period of connection.
The charges
for Internet connection are reimbursed to him on an inclusive basis on
the base of 1 (one) Euro inclusive of all taxes under the condition
that he provides the contract of the access-provider.
The
amount for photocopies required for the request for reimbursement, too,
will be reimbursed to him on flat-rate base of 0.07 Euro inclusive of
all taxes (zero seven Euro-cents Inclusive of All Taxes) per photocopy.
The expenses incurred for obtaining an access-code through
Audiotel will be reimbursed to him on the basis of incremented tariff
of one minute of communication for Audiotel [or 1.68 Euros inclusive of
all taxes (one Euro and sixty-eight cents inclusive of all taxes)].
The
expenses incurred for obtaining an access-code by SMS will be
reimbursed on the basis of 2 (two) SMS-MO per participation [or 3 Euros
inclusive of all taxes (three Inclusive of All Taxes)] plus cost of 2
(two) SMS billed by the operator [or 0.30 Euros Inclusive of All Taxes
(thirty Euro-cents inclusive of all taxes)] or a total of 3.30 Euros
inclusive of all taxes (three Euros and thirty cents Inclusive of All
Taxes).
The expenses incurred for obtaining an access-code
through W-ha are reimbursed on the basis of 1.80 Euros inclusive of all
taxes (one Euro and eighty cents Inclusive of All Taxes).
The
expenses incurred for obtaining an access-code through Credit Card are
reimbursed on the basis of 2 Euros inclusive of all taxes (two Euros
Inclusive of All Taxes).
In order to obtain the reimbursement of these expenses, as well as
the postal expenses of one's request for reimbursement, the participant
must write a written request on plain paper to: ML ENTERPRISE - Jeux
KADOKASH.com– 40 RUE GENERAL EMPAIN 95570 BOUFFEMONT containing the
following items
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An address
for reimbursement (for reimbursement by cheque) or a statement of
account information (for reimbursement through bank-transfer) |
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a photocopy of credentials (identity card or passport), |
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For those who live outside France, an address for reimbursement in their country of residence. |
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The month(s) concerning the request for reimbursement remboursement. |
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E-mail id of his KADOKASH.com game account
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The
postal charges necessary for request for reimbursement of expenses will
be reimbursed, on request, on the basis of Ecopli France metropolitan
postal rates in force.
Any incomplete request sent to a wrong
or erroneous address can not be taken in account. Particularly, no
request for reimbursement sent by e-mail can not be taken into account.
The request for reimbursement must be made after participating
in the game within a maximum period of 10 (ten) days after
participation for which the Player requests the reimbursement of the
connection charges, the postmark being taken as a proof.
Only one reimbursement per person, per home and per day will be authorised.
The
reimbursement of charges will take place within a maximum period of 60
(sixty) days following the request for reimbursement, the postmark
being taken as a proof. The reimbursement will be done according to
chosen means either by bank-transfer or cheque. The
player can not obtain reimbursement of his/ her connection charges and
telephone except if his/ her participation in different games is valid.
For
participating in the games, the organiser will not be regarded as being
responsible for an unauthorised use of telephone line by a third party
by the Play.
5 -
DETERMINATION OF WINNINGS AND LOTTERIES IN ENGLAND
WINNINGS:
-Gewinnen Geld A cheque of 5 (five) Euros for 8 (eight) calls.
-Gewinnen Geld A cheque of 10 (ten) Euros for 15 (fifteen) calls.
-Gewinnen Geld A cheque of 15 (fifteen) Euros for 22 (twenty-two) calls.
-Gewinnen Geld A cheque of 20 (twenty) Euros for 29 (twenty-nine) calls.
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Gewinnen Geld A cheque of 50 (fifty) Euros for 70 (seventy) calls.
-Gewinnen Geld A cheque of 100 (one hundred)
Euros for 140 (one hundred and forty) calls.
-Gewinnen Geld A cheque of 150 (one hundred and
fifty) Euros for 210 (two hundred and ten) calls.
-Gewinnen Geld A cheque of 300 (three hundred)
Euros for 420 (four hundred and twenty) calls.
-Gewinnen Geld A cheque of 500 (five hundred)
Euros for 700 (seven hundred) calls.
-Gewinnen Geld A cheque of 1 500 (one thousand
and five hundred) Euros for 2 100 (two thousand
and one hundred)calls.
The winner will receive his winnings within 5 (five) days after making
his request to the organiser either by cheque sent to the address given on the
day of his registration or by bank-transfer after filling his bank-details on
"receive my kash" link that is given on the home-page.
LOTTERIES:
Gewinnen a TRAVEL:
Of a value
of 3 000 (three thousand) Euros for 5 000 (five thousand) calls.
All inclusive
(drinks, meals) trip for 2 (two) persons to Dominican Republic, undecided city.
Trip of 1 (one) week
in 4 (four) or 5 (five) star hotel depending on the availability of tour
operator.
Insurances included
(repatriation, baggage).
Personal expenses
will not be paid for by the organiser or the tour operator.
The winner of trip can choose his dates between
02/01/N to 30/11/N ex-Frankfort (depending on the availabilities of the tour
operator) within a period of 30 (thirty) days after winning the prize.
These dates can be sent by e-mail (contact links) to
the organiser of the game, ML Enterprise.
The organiser has a period of 30 (thirty) days after
the winning of the prize to be able to propose the trip.
This trip is valid for 1 (one) year after winning
the prize.
Example: trip won on 12 September 2007 will be
valid till 11 September 2008.
Gewinnen a INFORMATION TECHNOLOGY
Of a value
of 1 099.00 (one thousand and ninety-nine) Euros for 2 500 (two thousand and five hundred) calls.
Sony Laptop Vaio
VGN-FE41S-Intel Core 2 Duo T5500 (1.66 GHz) - 15.4" Screen.
The winner of IT prize will receive his prize at the
address provided on the day of his registration within a maximum period of 15
(fifteen) days by our partner Conrad.
Gewinnen a HI-WI
TELEVISION
Of a value
of 1 040.00 (one thousand and forty) Euros for 2 100 (two thousand and one hundred) calls.
LG Television, 42PC51, 107 cm, Resolution of 1024 x 768, Contrast of
15000:1 and brightness of 1500 cd/m², 2 x 10 W. WEIGHT: 28 kg.
The winner of Hi-Fi Television will receive his
prize at the address provided on the day of his registration within a maximum
period of 15 (fifteen) days by our partner Conrad.
Gewinnen a CAMCORDER
Of a value
of 559.00 Euros (five hundred and fifty-nine) for 1 000 (one thousand) calls.
SONY SRC-DVD 304 E
Camcorder, video: 640 X 480 pixels, photo: 1.07million pixels, zoom X 800,
Weight: 400g.
The winner of camcorder will receive his prize at
the address provided on the day of his registration within a maximum period of
15 (fifteen) days by our partner Conrad.
Gewinnen a TELEPHONE
Of a
value of 379.00 (three hundred and seventy-nine) Euros for 600 (six
hundred) calls.
SONY ERICSSON K810i
Telephone: Compatible with all operators - 262 Big Screen 144 colours –
Tri-band – GPRS- 3G- HSCSD – Bluetooth – Polyphonic and MP3 ring tones – 3.2 Mega
pixels Digital camera with autofocus and flash – Second Camera for
video-conference – MP3/ AAC/ MPEG4 Multimedia player – FM Radio with RDS – Java
MIDP 2.0 – Slot for Micro Memory Stick – Excellent independence.
The winner of telephone will receive his prize at
the address provided on the day of his registration within a maximum period of
15 (fifteen) days by our partner Conrad.
Gewinnen a PLAYSTATION
Gewinnen a SONY PS3:
Of a value
of 599.95 Euros (five hundred and ninety-nine
Euros and ninety-five cents) for 1 000 (one thousand)
calls.
Sony Playstation 3,
60 Gab Hard-disk.
Gewinnen a SONY PSP:
Of a value of 169.95 Euros (three
hundred thirty-nine Euros and ninety-six cents) for 500 (five hundred) calls.
Sony PSP, 32 MB
The winner of playstation will receive his prize at
the address provided on the day of his registration within a maximum period of
15 (fifteen) days by our partner Conrad.
Gewinnen a HOME CINEMA
Of a value of 229.00 Euros (two hundred and
twenty-nine Euros) for 400 (four hundred) calls.
Brand: Philips home
cinema System 5.1, DVD/DivX Player, HDMI, USB.
The winner of Home cinema will receive his prize at
the address provided on the day of his registration within a maximum period of
15 (fifteen) days by our partner Pix mania.
Gewinnen a CAMERA
Of a value
of 159.00 Euros (one hundred and fifty-nine Euros) for 400 (four hundred) calls.
Samsung S850 camera,
photo: 1.8 millions pixels, video: 800 X 600 pixels, zoom X 10, Weight: 172 g.
The winner of camera will receive his prize at the
address provided on the day of his registration within a maximum period of 15
(fifteen) days by our partner Conrad.
Gewinnen a MP3 WALKMAN
Of a value
of 79.95 Euros (seventy-nine Euros and ninety-five
cents) for 200 (two hundred) calls.
Creative Zen V 2 GB
MP3-Player,
The winner of MP3 IPod walkman will receive his
prize at the address provided on the day of his registration within a maximum
period of MP3 (fifteen) days by our partner Conrad.
Gewinnen a VIDEO GAME 1 video game ps3 choice for 130 callsMaximum value : 72 Euros
1 video game PSP choice for 100 calls
Maximum value 48 Euros
The winner of video-game will receive his prize at
the address provided on the day of his registration within a maximum period of
15 (fifteen) days by our partner Conrad.
6 -
DETERMINATION OF WINNINGS FOR FRANCE, SPAIN, ITALY, GERMANY AND BRITAIN
EurokashThe amount of 15 000 (fifteen
thousand) Euros, or approximately 10 164.39 GBP (ten thousand one
hundred and sixty-four GBP and thirty-nine pence) for 25 000 (twenty-five thousand) calls.
The
EUROKASH winner will receive his prize within a maximum period of 30 (thirty)
days by bank transfer after filling details of his bank-account on
"receive my kash" link that is present on the home-page.
7 -
OBTAINING OF WINNINGS AND LOTTERIES.
The participant who wins in one of
the games offered on the site also gets a lottery that is allotted personally
and exclusively to him, free of cost.
The photographs or graphical
representations showing the lotteries are exclusively meant for illustration
and are not contractual.
In the absence of an
indication to the contrary, the lotteries described are devoid of any choice or
accessory. The expenses for setting-up, activation, installation, use,
administrative formalities concerning products or services won by the
participant remain under his exclusive charge.
The organiser reserves the
right to modify the list of lotteries offered or the amount required for their
allocation at any time and without prior notice.
The lotteries won can not be
exchanged with other lotteries or against their price or counter value. They can
not be passed on to another person except the winning participant.
After verification of the
conditions of grant of lottery or prize in question, the winning participant is
advised by the organiser through an e-mail.
The organiser undertakes to
send the lotteries within a maximum period of 10 (ten) weeks.
If the organiser finds that he
can not deliver the lottery or prize chosen by the participant, especially
because of stock outage of the supplier of lotteries or of turnaround or
judicial winding-up of the last, then the participant will be provided another
lottery of a value that is at least equal to the original lottery. The
participant can not claim any indemnity from the organiser on this account.
Without prejudice of any
judicial action and its ability of cancellation of registration of the
participant, the organiser is not liable to make any lottery or gain reach the
beneficiary participant if he has not entered his contact-details correctly at
the time of registration, if he has clearly and by any means whatsoever managed
to falsify the results of a game or did not abide by these rules.
Simply by accepting his
lottery or prize the beneficiary participant expressly authorizes the organiser
and/ or his commercial partners to publish and broadcast his surname,
first-name, department and country of residence along with the mention of his
lottery or prize by means of image, voice and written transmission especially
for commercial objectives or in advertising messages or in the frame-work of
published-promotional campaigns by using any media and by all technical means, in
France and abroad, for a period of two (2) years without any counterpart or
right except that of the said lottery or prize.
8 -
MODIFICATION OF RULES
With an eye to the adaptation to the
evolution of site and/ or its use, the organiser reserves the right to change,
unilaterally and without prior notice, the rules of the games and services
offered on the site. In this case, the changes may be enforceable on
the participant, without any delay, after the transmission of the new rules is
freely available on the site.
Any participant who is already
registered will be informed by e-mail or by any other means about the change of
rules and will be invited to consult and accept the terms of the new rules.
If the participant does not
accept the new rules, he must display his refusal to the organiser by any means
particularly by e-mail.
9 -
LAW REGARDING INFORMATION TECHNOLOGY, FILES AND FREEDOMS
In accordance with the law number
78-17 dated 6 January 1978 concerning information technology,
files and freedoms, the participants of kadokash.com have the right to oppose
access and change the data concerning them mentioned in the article 19 of the
conditions of use of the programme.
They can request for correction of
the same by writing to the following address:
KADOKASH, 40 rue du général Empain 95570 BOUFFEMONT.France
10 -
RESPONSIBILITY
Logging-in to the site implies the
knowledge and acceptance of the characteristics and limits of Internet by the
participant, especially as far as technical performances, response-time for consulting,
questioning or transferring information, risks of interruption and more
generally the risks inherent in any connection and transmission on Internet,
absence of protection of certain data against possible misuse and the probable
risks of contamination by computer-virus circulating the network are concerned.
As a result, the organiser
will not be responsible in any circumstances for the following without any
limitation to this list:
- of transmission and/ or
reception of any data and/ or information on Internet; - of any malfunctioning of
Internet network preventing the correct working and/ or functioning of one or
more games offered on the site; - of failure of any hard-ware
for reception or of communication lines; - of loss of any paper or
e-mail letter and, more generally, of loss of any data; - of problems of routing; - of functioning of any
software;
- of consequences of any
computer virus or bug, anomaly, technical failure; - of any damage caused to the
computer of a participant; - of any technical, hardware
and software failure of any kind whatsoever that may have prevented or
restricted the participation in one of the games proposed on the site or
damaged the computer of the participant.
Neither will the organiser be
held responsible in case of probably malfunctioning of Internet network causing
failures in the administration, safety, integrity or management of the games or
services offered on the site.
The connection of any person to the
site and participation of participants in the games offered on the site is
subject to their own complete responsibility. It is up to the participants to take
all appropriate measures in order to protect his own data and/ or software
stored in his computer against any attack.
On the other hand, naturally
the organiser will not have any responsibility concerning difficulties or
impossibilities of connection of the participants to the Internet.
The organiser can not be held
responsible if, for a reason independent of his volition, one or more games or
services are modified, postponed or cancelled.
Any development or change o
the game platform can cause an updating and/ or temporary unavailability, which
will not be the responsibility of the organiser in any manner.
Similarly, the organiser
reserves the right to interrupt or suspend one or more games or services
offered on the site at any time and without prior notice without requiring him to
justify his action. In this case, the liability of the organiser
will not be committed in any manner as a result of this and the participants
can not pretend any compensation of any sort.
The organiser will not be
liable in case of delay in sending the winnings and lotteries when this delay
is not caused by him but is because of the service-provider that he uses in
order to carry out this delivery. He will not be held liable for any
contractual or legal liability as a result of the operations concerning the
transportation of allotted lotteries and winnings.
Similarly, the organiser can
not be held responsible if the lottery(ies) or winning(s) are damaged because
of transport-operations.
The organiser only delivers
the lotteries won by a participant and is not the producer or manufacturer or
supplier or seller or distributor o the lotteries, regardless of what these
are, and would therefore not be liable accordingly.
Each participant who wins a
lottery or prize undertakes to pay any duty, tax, social contribution or any
other possible tax of any kind whatsoever, that might be required by the
application of the law, the organiser having been discharged of all liabilities
concerning this.
During registration, the
participant must choose a user name and a pass-word that will help him access
the site. The participant must maintain the confidentiality of his pass-word. The
participant is the only one responsible for keeping and using his username and
password, and especially the impossibility of accessing his account as a result
of forgetting the username or password or use of the obtained winnings by a
third-party.
The organiser must be informed
of any illicit use of the username or/ and password of the participant as soon
as possible, by any means so that the organiser can cease the effects of this
use after the registration of the opposition by the participant.
11 -
AGREEMENT ON EVIDENCE
The express agreement between the
participant and the organiser, the systems and computer files of the site
kadokash.com will prevail.
The computerised register
saved in the computer system of the organiser, in the reasonable conditions of
safety and reliability, will be considered as the proofs of the relationships
and communications that occurred between the organiser and the participant.
As a result, it is agreed
that, except an obvious error, the organiser can use, especially as proof of
any act, incident or omission, the programmes, data, files, registrations,
operations and other elements (such as follow-up reports or other status) of
kind or in the form of computer or electronic aides, established, received or
saved directly or indirectly by the organiser, especially in these computer
systems.
Thus, the elements considered
as proofs and if these are produced as means of proof by the organiser in any
disputes procedure or other then these can be accepted, held valid and opposed
by the parties in the same manner, in the same conditions and with the same
evidential value as any document that would be established, received or saved
in written.
The operations of all kinds
carried out with the help of username and password allotted to a participant
following his registration are presumed in irrebutable manner as having been
carried out under the liability of the participant.
12 -
APPLICABLE LAW AND INTERPRETATION
The site and these terms and
conditions are ruled by French law.
If necessary, any litigation
shall be subject to the competent Tribunal of Pontoise.
Firstly, any difference
between the organiser and a participant will be subject to an effort for
amicable settlement. The claims or litigations originating from the
interpretation or execution of these terms must be submitted, by registered
letter with the form of acknowledgement, to the organiser: KADOKASH, 40 rue du
Général Empain 95570 BOUFFEMONT France.
13 -
SUBMISSION AND CONSULTATION OF THE TERMS
These terms and conditions are
submitted to the SCP Riquier
Salvi Gras,
Associate Bailiffs and Law Officers, 13 r Théodule Villeret 95130
Le PLESSIS BOUCHARD.
France
The terms are freely available to
anyone in metropolitan France who makes a written request at the following
address: ML entreprise – Jeux kadokash.com – 40 rue du général Empain – 95570
BOUFFEMONT. The stamp necessary for the request by post will be reimbursed on
simple request on the basis of Ecopli "Letter" rate in force.
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