Last updated: 27/08/2018
1 / ORGANIZING COMPANY
The application for smartphone « FLASHBREAK » (« the Application ») is developed by RDV Entertainment (the « Sponsor »), a simplified joint-stock company with a capital of 10,000 euros, incorporated in France and entered on the Paris Trade and Companies Register under number 401 899 349, having its registered office at 3 Boulevard Sebastopol, 75001 Paris.
To receive a copy of these Rules, please send a self-addressed stamped envelope to RDV Entertainment, 3 Boulevard Sebastopol, 75001 Paris.
2 / DESCRIPTION
The contest for the FLASHBREAK app (the « Contest ») is run by RDV Entertainment. The Sponsor oversees the contest, and all of its decisions regarding the contest are finals. Any difficulty arising from the application or interpretation of these Rules shall be decided by the Sponsor. The Contest is not sponsored, endorsed, administered by, or associated with Apple Inc. or its subsidiaries or affiliates.
The FLASHBREAK Contest is a free game for all participants. No purchase or payment is necessary to enter or win the FLASHBREAK Contest.
3 / CONDITIONS OF PARTICIPATION
The Contest is open to individual persons who are at least 18 years old as of the date of entry, except exception mentioned in this regulation.
Each FLASHBREAK user may establish, maintain, use and control only one account. Each account on the may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not « co-own » accounts.
Each FLASHBREAK account can only be associated with one PayPal account, and a PayPal account cannot be associated with more than one FLASHBREAK account.
In the event Sponsor determines that you have opened, maintained, used or controlled more than one account, or attempted to associate an FLASHBREAK account with additional PayPal accounts, Sponsor reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Prizes.
C) LAW IN FORCE
D) SPECIAL CONDITIONS
The Sponsor’s employees, the Sponsor’s contractors, the entities involved in the development of the Sponsor and any person with a contractual relationship with the Sponsor, as well as their immediate family members, are not eligible to enter the Contest.
4 / DOTATIONS
At the beginning of each Contest, the Sponsor announces a Prize Money, determined in its sole discretion. In any case the Sponsor may not be obliged to pay a Prize other than the one announced.
The Winner of each Contest will receive the Prize announced at the beginning of the show. In the case of multiple Winners for the same contest, these Winners will share the Prize equally, or based on the ranking of their score, determined at Sponsor’s sole discretion.
The Sponsor reserves the right at its sole discretion and without incurring any liability, to modify at any time and in any way these official rules. The Sponsor reserves the right to shorten, extend, suspend or cancel a Contest if viruses, bugs or other causes beyond its control adversely affect the operation of the Contest.
C) LAW IN FORCE
The Winner will be responsible for all taxes on the value of the Prize. The Sponsor can not be held responsible for damages or sanctions resulting from the non-compliance by the participant of the tax rules and law in force in his country. The Winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor to be eligible for the Prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.
Sponsor reserves the right to to verify the accuracy of the information transmitted to him and to verify an entrant’s eligibility before, during, or after the Contest, and to disqualify any win that it believes in good faith result, fully or partially, from an automated means, scripts or robots (« bots »). Certain Contests are only open to residents of specific countries, and any person that enters into a Contest that he/she is not eligible to enter may not win a Prize in that Contest.
Improper conduct includes, but is not limited to: Falsifying personal information, including payment information, required to claim a Prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these Rules, using unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Contest or trying to in any way tamper with the computer programs associated with the Contests; obtaining other entrants’ information and spamming other entrants; and any other form of abuse; or otherwise violating these Rules.
Any fraud or attempted fraud, manifested by a commencement of performance and committed to collect an undue gain, will be prosecuted under the provisions of the Penal Code. You acknowledge that the forfeiture and/or return of any Prize shall in no way prevent Sponsor from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
5 / CASHING PRICES
Users can view on their FLASHBREAK account the total of the Prizes they have accumulated. As soon as this total of the Prizes exceeds a minimum balance of $10, the user can cash his gain.
B) WINNERS INFORMATION
To be eligible to receive a Prize, the information associated with the entrant’s account must be true and accurate. The information associated with the entrant’s account must identify the actual entrant into the Contest. The Prize is not assignable and not transferable and no substitutions are permitted.
The Winner will be informed via the FLASHBREAK app. Sponsor also reserves the right to notify the Winner by SMS to the phone number used to create the account. Each Winner thus authorizes the Sponsor to use his telephone number without restriction, reservation or remuneration. Sponsor also reserves the right to use other notification methods. If FLASHBREAK cannot get in contact with the winner using that phone number, the winner may forfeit his/her Prize.
The collection of prices is via a third party service, PayPal, and only through this third party service. Entrants therefore agree that a PayPal account is required to cash out the winnings, and in no event will the Sponsor be obliged to award the Prize via any other method of payment.
Thus, the receipt of the Prize will be subject to the terms and conditions and policies of PayPal, available on https://www.paypal.com. This cashing may take up to 14 days from the Winner’s request.
Finally, the Winner must request the receipt of the Prize within 90 days of the date of the Contest won. If the request has not been received by RDV Entertainment within 90 days, the Prize will be considered lost: Sponsor may then choose not to award the Prize, in its sole discretion.
6 / REFERRAL PROGRAM
Each participant is granted with a unique referral code which can be used to refer friends.
B) EXTRA LIVES
Every time a new user registers using a participant’s referral code, both the new user and the participant get a free Extra Life. Only one Extra Life can be applied per game, and each Extra Life can only be used once.
C) BONUS REWARD
Every time a user wins a Prize, the participant who referred this user will receive a bonus reward equivalent to 20% of the Prize won by this user; and the participant who referred this participant will receive a bonus reward equivalent to 10% of the Prize won by this user.
This bonus reward does not apply to Prizes won before the 21st of January 2019. The Sponsor reserves the right at its sole discretion and without incurring any liability, to modify at any time and in any way this bonus reward, in particular its amount.
7 / CURRENCIES
Each participant account is set to a currency, which may be Euro or Dollar depending on the country code of the user’s phone number.
The Prizes may vary depending on the currency of the participant. Participants cannot change their currency.
The Sponsor reserves the right at its sole discretion and without incurring any liability, to modify at any time and in any way the exchanges rates applied.
8 / FINANCIAL SACRIFICE AND REIMBURSEMENT
A) CONNECTION FEES
The reimbursement of Internet connection fees to participate in the Contest, within the limit of 20 minutes maximum per Contest, can be obtained upon written request to the Sponsor’s address.
The request will include the following information, legibly specified: pseudonym; name; first name; address; RIB; copy of the identity document of the participant and his bill from the Internet access provider where the exact nature of the service of the internet access provider (unlimited, fixed…) appears; dates and times of connection corresponding to the participation in the game clearly highlighted.
Finally, participants agree that any participation in the Contest taking place on a free or flat rate basis will not give rise to any refund, insofar as the subscription to the services of the service provider is in this case contracted by the user for its use of the Internet in general and that the participant’s participation in the contest does not result in any financial sacrifice.
B) POSTAGE FEES
The reimbursement of postage costs related to the claim (stamp at current rate) can be obtained upon written request to the Sponsor’s address, clearly indicating the following information: pseudonym, invoice, full mailing address, RIB. Photocopying fees for any supporting documents to be provided will be reimbursed on the basis of 0.2 euros per sheet.
9 / GENERAL CONDITIONS
A) PARTICIPANT INFORMATION
B) RESPONSIBILITY OF THE SPONSOR
The contest is provided “as is” and Sponsor does not make any, and hereby disclaims any and all, representations or warranties of any kind regarding the contest.
Participation in the Contest is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant’s ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Contest; or (5) any warranty with respect to any Prize or any component thereof
Notwithstanding anything else herein or otherwise, Sponsor shall not be liable or obligated with respect to any subject matter of this agreement or under contract, negligence, strict liability or other legal or equitable theory for (A) any special, incidental, consequential, or exemplary damages (including, without limitation, loss of revenue, goodwill, or anticipated profites) (b) amounts in excess of the prize for the applicable contest, (C) data loss or cost of procurement of substitute goods or services, and/or (D) any matter beyond such parties’ reasonable control.
The Sponsor also declines any responsibility for any damage caused to the participant’s receiving material, to the participant himself or to any other person by downloading the Application, using the Application, participating in the Contest, or the use of the Prize.
Finally, the Sponsor declines all responsibility for any errors in the delivery of Prize notifications resulting from inaccurate information provided by the Participant; or in case of replies to these notifications not received by the Sponsor for any error of any nature whatsoever.
C) PENAL PROVISIONS, DISPUTES AND DISPUTES
Any dispute or claim relating to a Contest must be sent to the Sponsor by mail, within a maximum of thirty (30) days from the date of the Contest concerned. Beyond this period, no claim / dispute will be admissible.
By entering the Contest, you agree to and hereby do release and hold harmless Sponsor, its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the « Released Parties ») from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter, and indemnify each of the Released Parties from any damages arising therefrom.
Any litigation arising from the application will be submitted to the competent jurisdictions to which the Sponsor’s registered office is subject, unless there are public policy provisions to the contrary.
The law applicable to these Regulations is French law and this Contest shall be governed by the French law, without regard to conflicts of laws provisions. By participating in this Contest, you agree that any dispute or litigation arising from or relating to this Contest shall be determined by binding arbitration only in France. If any provision of these Rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Rules otherwise remain in full force and effect and enforceable.