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 Norme
 

1 - Organizzatore

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 - Condizioni generali

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 - Partecipazione

The games can be accessed through an access code provided by audiotel, SMS, credit card secure and all new modalities to come.

4 - Rimborso delle spese

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.

-

E-mail id of his KADOKASH.com game account

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 - Determinazione dei guadagni in Italia

WINNINGS:

-Vincere A cheque of 5 (five) Euros for 8 (eight) calls.

-Vincere A cheque of 10 (ten) Euros for 15 (fifteen) calls.

-Vincere A cheque of 15 (fifteen) Euros for 22 (twenty-two) calls.

-Vincere A cheque of 20 (twenty) Euros for 29 (twenty-nine) calls.

-Vincere A cheque of 50 (fifty) Euros for 70 (seventy) calls.

-Vincere A cheque of 100 (one hundred) Euros for 140 (one hundred and forty) calls.

-Vincere A cheque of 150 (one hundred and fifty) Euros for 210 (two hundred and ten) calls.

-Vincere A cheque of 300 (three hundred) Euros for 420 (four hundred and twenty) calls.

-Vincere A cheque of 500 (five hundred) Euros for 700 (seven hundred) calls.

-Vincere 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:

Vincere 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.


Vincere 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.


Vincere 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.


Vincere 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.


Vincere 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.


Vincere a PLAYSTATION

Vincere 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.


Vincere 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.


Vincere 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.


Vincere 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.


Vincere 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.


Vincere VIDEO GAME

1 video game ps3 choice for 130 calls

Maximum 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 - Determinazione del guadagno per la Francia, l'Espagne, Italia, l'Allemagne e Inghilterra

Eurokash

The 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 - ottenere profitti o delle partite
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 - Modifica delle norme

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 - Legge in materia di tecnologia dell'informazione, i file e le libertà

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 - RESPONSABILITÀ

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 - Accordo sulle prove

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 - Diritto applicabile e interpretazione


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 - Presentazione e la consultazione dei termini

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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