TERMS AND CONDITIONS OF USE
ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE
When an individual person visits and/or uses the Site, this action implies a full and complete acceptance of these Terms and Conditions of Use. Such a person is deemed to be a ‘User’ in the sense conveyed by these Terms and Conditions of Use.
MODIFICATION OF THESE TERMS AND CONDITIONS OF USE
The Publisher reserves the right to change these Site Terms and Conditions of Use at any time and without prior notice. Every User connecting to the Site is invited to read these Terms and Conditions of Use on a regular basis in order to familiarise themselves with any changes that may have been made. Ongoing use of the Site as these conditions are modified over time constitutes acceptance by each User of the Terms and Conditions of Use in force.
PERSONAL INFORMATION
Personal information is information that enables an individual person to be identified either directly or indirectly.
The personal information collected on the Site is the result of freely given information communicated via the forms that exist on the Site. Some information that is indicated as being compulsory must be submitted; otherwise your registration will not be validated.
This personal information that is given upon registration is, where applicable, taken and handled for the following purposes: to validate your registration and to manage your account, to determine a winner or winners, to allocate prizes, and to show the list of winners where applicable.
This information will only be used to send newsletters and/or to send marketing material on behalf of the company and/or its partners with your agreement. This use of information is optional and will only take place if you expressly agree to receive these offers.
Some information, such as the IP address, will automatically be collected. This is primarily for fraud prevention and dispute settlement purposes. Where applicable, it can be used to provide evidence at any time of the address stored and linked to the IP address.
The person responsible for handling the personal information is Concoursmania Canada Inc.
350-204 rue Notre-Dame O
Montréal H2Y 1T3 MONTREAL CANADA
The company will take all precautionary measures necessary to ensure the safety and confidentiality of this information.
The company undertakes not use the information collected for any purpose other than that for which it was intended when collected. The company also undertakes to abide by the time period for which information can be held, and to archive or destroy this information upon the expiry date of this period in conformity with legal requirements.
In application of Act n° 78-17 of 6th January 1978 in French law as modified in 2004 in relation to Information Technology, files and freedoms, all Users have the right to access, challenge, modify, rectify and delete information held about them. Any User wishing to exercise this right should contact:
CHILICAN
ConcoursMania Canada Inc.
350-204 rue Notre-Dame O
Montréal H2Y 1T3 MONTREAL CANADA
Or use the form in the Contact section,
or make telephone contact during these times: 9h et 17h (GMT+1) on (+33) 05 57 22 76 60.
USE OF COOKIES
The Site uses computer-based identifiers called cookies. In order to thoroughly familiarise yourself with how cookies are used, you are invited to read the Site’s ‘Cookies policy’.
INTELLECTUAL PROPERTY
The Site, its overall structure and its texts, graphics, images, sounds and videos that make up this structure, are the property of the Publisher. The entire Site is governed by French and international legislation relating to copyright and intellectual property. Any representation, reproduction, publication or any use whatsoever and any partial or total exploitation of its contents (including brands, logos, software, information, data, texts, illustrations, photographs, banners, tabs, pop-ups, music or any other distinguishing sign) and services made available by the Site regardless of the procedure is strictly forbidden without the prior written authorisation of the Publisher, and may constitute counterfeit in the sense conveyed by Articles L335-2 and subsequent texts of the French Intellectual Property Code.
Any request relating to the aforementioned written authorisation is to be addressed to the Publisher’s Headquarters.
Where applicable, the User expressly and willingly concedes to the Publisher all intellectual property rights relating to messages and contents that the User publishes on the Site, particularly in relation to the right to reproduce, represent and adapt content on any media support and in any format presently known and not yet known at this time and through any system and on any network including the Internet, throughout the world and in perpetuity.
LIMITATION OF PUBLISHER’S LIABILITY
Contents of the Site
The Publisher will do their utmost to keep the Site up to date, but can in no way guarantee that the information given on the Site is up to date 24 hours a day. The company reserves the right to modify the information without prior notice.
The information shown on the Site and/or accessible through the Site is for information purposes only and is in no way a suggestion, order or request. Under no circumstances may the Publisher be held responsible for any harm of any kind that may arise from the interpretation or use of information that is available on the Site.
The User is solely and uniquely responsible in the legal sense for any remarks and/or content (including texts, images and sounds) that the User communicates where applicable in forums, blogs, chat spaces and other community spaces on the Site. The Publisher has a presence in these parts of the Site simply as a hosting agent, and has no overall obligation to monitor the content broadcast by the Users.
Consequently, the User indemnifies the Publisher against any recourse, challenge, request for damages or interests or any other action or claim that a third party may make of any kind whatsoever following a communication made by the User of a remark and/or content on the Site. In the event that the Publisher’s liability is invoked as a result of negligence by the User in respect of the obligations incumbent upon the User in accordance with the content of these Terms and Conditions of Use, the Publisher reserves the right to serve notice on the User. The User also renounces the right to exercise any recourse against the Publisher in the event of proceedings undertaken by a third party against the User as a result of the unlawful use and/or exploitation of the Site.
The Publisher reserves the right to hand over all information in their possession that enables or facilitates the identification of the User at the request of a legal authority or third party. This can include the IP address and the time of the connection, particularly in the event that the User fails to respect the obligations set out in these Terms and Conditions of Use.
Hypertext links
The Site contains hypertext links to sites operated by third parties. The Publisher hereby specifies that the use of these hypertext links can result in the User being directed to another website that is independent of the Publisher. The Publisher has no control whatsoever over these sites and may not filter the information on these sites. Because of this, the Publisher declines any liability in relation to access to these sites or the contents and usage of these sites, as well as any damages that may arise from the reading of the information that is on these sites. The decision to activate these links is fully and entirely the responsibility of the User.
Accessibility of Site
The Publisher will do everything possible to ensure the Site is accessible 24 hours a day. However, the Publisher declines all responsibility in the following cases:
- Interruption of the Site for technical maintenance operations or to update information published on the site;
- Temporary inability to access the Site due to technical issues, regardless of their origins and sources;
- Direct or indirect harm caused to the User, regardless of the nature of the harm, arising from the content, access or use of the Site;
- Abnormal use or unlawful operation of the Site. The User is therefore solely responsible for harm done to third parties and for the consequences of any claim or action that may arise from this.
Characteristics and limitations of the Internet
Connection to the Site implies an awareness and acceptance by the User of the characteristics and limitations of the Internet – in particular its technical features, response times for consulting the Internet and for requesting or transferring information, risk of interruption, and more generally the risks inherent in any connection to and transmission using the Internet as well as the absence of protection of certain items of information against any possible misuse, and the risk of contamination by an computer virus that may be circulating within the network.
As a consequence, the Publisher will under no circumstances be held liable for the following – this list not being exhaustive:
- The transmission and/or reception of any undesirable data and/or information on the Internet,
- Any Internet network malfunction that prevents access to the Site and/or the functioning of one or more games available on the Site,
- The failure of any reception hardware for lines of communication,
- The loss of any electronic message or physical letter, or more generally the loss of any data,
- Routing problems,
- Malfunction of any software,
- Consequences of any virus or computer bug, anomaly or technical failure,
- Any damage caused to the computer of a User,
- Any technical, hardware or software malfunction of any kind that has prevented or impacted on the participation in one of the games available on the Site, or that has damaged the User’s computer system.
The Publisher may not have their liability invoked in respect of any malfunction in the Internet network that could result in failures in the administration, security, integrity or management of games or services made available on the Site.
The connection of all persons to the Site and their participation in games made available on the Site is entirely the responsibility of the User. It is down to the User to take all appropriate measures in such a way as to protect their own information and/or software stored within their own computing equipment against all impairment.
APPLICABLE JURISDICTION AND COMPETENT COURTS
These Terms and Conditions of Use are subject to French law, which determines the applicable jurisdiction on a case by case basis. In the absence of any mandatory provision to the contrary in the event of there being a choice in the determination of the applicable jurisdiction, then French law is to be applied.
ANY CHALLENGES THAT MAY ARISE ON THE SUBJECT OF THE VALIDITY, THE INTERPRETATION, THE ACCEPTANCE AND THE EXECUTION OF THESE TERMS AND CONDITIONS OF USE REGARDLESS OF WHERE THE CONSULTATION OR REGISTRATION HAS TAKEN PLACE IS TO BE THE SUBJECT OF AN ATTEMPT TO REACH AN AMICABLE SETTLEMENT THAT THE PARTIES UNDERTAKE TO SEEK. IN THE EVENT THAT THIS DOES NOT HAPPEN WITHIN A TIME PERIOD OF (3) MONTHS, THE COURTS LOCATED AT THE PLACE WHERE THE PUBLISHER HAS THEIR HEADQUARTERS IS TO BE THE SOLE COMPETENT COURT, EVEN WHERE NOTICE IS SERVED OR WHERE THERE IS A PLURALITY OF DEFENDERS, OR WHERE EMERGENCY OR PRECAUTIONARY PROCEDURES ARE IMPLEMENTED, OR APPLICATIONS FOR EMERGENCY OR WITHOUT-NOTICE PROCEEDINGS ARE MADE, UNLESS OTHERWISE STATED IN MANDATORY PUBLIC PROVISIONS.
COOKIES
Are you looking for information on the cookies that we use on our website and how to manage them? You are invited to read through our Cookies policy.
A. WHAT IS A COOKIE?
A cookie (a type of site connection marker) is a text file that may be recorded onto your device (such as a computer, tablet or smartphone) during your visit to a website or when you click on a site ad. It is transmitted to your browser via the website being viewed. An anonymous identifier is allocated to each cookie so that the website being viewed can identify your device and carry out various actions including gathering information that relates to the browsing you do on the websites, and providing personalised services to you.
B. WHAT TYPES OF COOKIES ARE TRANSMITTED ON THIS SITE?
| Category of cookie | Description of purpose |
|---|---|
| Functional cookies | These cookies are needed for the site to function. It means that you are able to make use of certain of its functionalities such as: Remembering your account registration or access information as well as remembering products, services or information that you have selected on our site ; Implementing security measures (for example, a new connection request after your session has expired) Please note: If you refuse these cookies you will not be able to use the site normally. |
| Cookies for targeted advertising | Cookies placed on our Site by our partners Cookies may be placed when you view or click on a Site ad. These cookies are used to create your user profile in order to display targeted ads in real time that are of interest to you, both on our Site and on other sites that you visit on which our service provider has placed the same cookies. They are also used to measure the effectiveness of an ad campaign (how many people have clicked on the ad and then gone to the retail site and bought the desired product or service). Please note: Refusal of these cookies will block the ad targeting process but will not necessarily remove the ad from our Site. Cookies placed by third parties Advertising displayed on the Site’s advertising space may contain cookies placed by third parties including the advertising party itself (in other words, those responsible for the advert) or other companies (such as a communications consultancy agency, an audience measurement agency or a service provider). These are used to display third party ads in advertising space reserved for them and to measure the effectiveness of its advertising campaign. These cookies are also used to recognise your device when you browse other sites on which the third party has placed the same cookies, in order to bring you personalised content that is relevant to your browsing history. Cookies placed by an advertising agency The Site’s advertising space may contain cookies place by an advertising agency (the intermediary between the advertising party and the Site) that manages these spaces. These are used to : determine the number of ads displayed and learn more about all the actions that are taken after the ad is clicked on (for example : accessing the advertiser’s site, making a purchase and so on) in order to calculate the amounts due to the various entities in the advertising broadcasting chain; make adjustments to the advertising space on your device (for example the language, the operating system and so on); display contextual advertising (in accordance with the Site content that has been of interest to you); display advertising that is targeted at your main areas of interest in accordance with your browsing on other sites on which the agency has placed the same cookies. |
| Audience measurement cookies | Cookies may be placed by our site to draw up anonymous statistics on the volume of visits and how you use the site in order to improve its ergonomics and the content of our services. In order to do this, our site uses Google Analytics. This tool generates reports on the site’s usage statistics. The audience measurement cookies used by this tool have a random identifier and they store anonymous information. |
| Cookies for sharing on social networks | Our site may contain icons linked to social networks (such as Facebook or Twitter) so that you can share the site’s contents on social networks or give your opinion (for example ‘Like’, ‘Share’, ‘Tweet’ etc.). If you are connected to a social network while you browse our site then your browser will set up a connection between the network and the site. If you click on a social network icon that is on the site, then plug-ins (small software components) transmit the information relating to the social network, which publishes them on your account. If you want to avoid any connection between a social network and the site then you will need to log off the social network before you view our site. Please note: Our site has no control over these plug-ins nor over the procedures used by these social networks for collecting and handling your browsing data. You are invited to check these social networks’ privacy policy to learn more about your rights and the management configurations available. |
C. HOW CAN THESE COOKIES BE MANAGED?
You can modify your choices where cookies are concerned at any time using the methods set out below.
1. Configuring my browser
You may configure your browser as follows:
- To have the browser accept cookies or else to have the browser to systematically block them depending on the site transmitting them;
- To have the browser ask for your acceptance prior to any cookie being deposited.
Please note: If functional cookies are blocked by your browser you will not be able to use the site normally.
Each browser’s configuration is different. Instructions for how to configure the principal browsers are given below:
| Google Chrome | Internet Explorer |
|---|---|
| Click on Tools menu icon ; Select Options ; Click on the Advanced Options tab and go to the Privacy section ; Click on Show cookies ; Select the cookies and delete them ; Click on Close to return to your browser. | Click on the Tools icon and then on Internet Options ; Under the General tab under Browser History click on Parameters ; Click on Display files ; Select the cookies and delete them ; Close the window that contains the list of files and then click on OK twice to return to Internet Explorer. |
| Firefox | Safari |
| Go to browser’s ‘Tools’ tab then select the Options menu ; In the window that comes up, select Privacy and click on Show cookies ; Select the cookies and delete them. | In your browser choose Edit > Preferences ; Click on Security ; Click on Show cookies ; Select the cookies and click on Remove or Remove all ; Click on Done. |
If you do not use any of the browsers on this list then please go straight to your browser’s Help Menu for instructions on how to configure the browser.
2. Accessing an industry-wide cookie management platform
You may wish to visit the Youronlinechoices website that is provided by the digital advertising trade which has come together as part of the European Digital Advertising Alliance the EDAA. In France it is managed by the Interactive Advertising Bureau France.
The site acts as a cookie management platform shared by hundreds of industry representatives and is a way for you to accept or refuse either all cookies, or cookies on a case by case basis.
Youronlinechoices can be accessed via this link: http://www.youronlinechoices.com/fr/controler-ses-cookies/
3. Managing Adobe Flash Player cookies
Adobe Flash Player is software that enables dynamic content to be created and viewed. It uses Flash technology that is similar to cookies to remember parameters, preferences and usage of this content. Given that your device is likely to use the Flash language to view created content, you should go straight to the site to manage Flash cookies: http://www.adobe.com/
Please note! You will not be able to manage the Flash technology via your browser.
4. Managing Google Analytics cookies
To prevent cookies being placed on your browser for audience measurement purposes, you will need to download and install the opt-out plug-in that can be accessed from this link: https://tools.google.com/dlpage/gaoptout?hl=en-GB
D. Where can I find out more about cookies?
Go to the dedicated page on cookies on the CNIL website (the French National Commission for Information Technology and Civil Liberties – Commission Nationale de l’Informatique et des Libertés) via this link: http://www.cnil.fr/vos-droits/vos-traces/les-cookies/
LEGAL NOTICES
THE PUBLISHER
The sites (hereafter referred to as the ‘Site’) are published by the company Concoursmania Canada Inc. (hereafter referred to as the ‘Publisher’), with a share capital of Euros, registered at the Trade & Business Registry of under number headquartered at: 261 rue Saint-Jacques, Bureau 700, Montréal, QC H2Y 1M6,
Email : contact@chilican.com
Publications Director: Brice Gazeau
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