SOCIAL MEDIA COMPETITION
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE SOCIAL MEDIA COMPETITION (THE “COMPETITION”). AS THEY GOVERN YOUR PARTICIPATION IN THE COMPETITION. PARTICIPATION TO THE COMPETITION WILL BE DEEMED AS ACCEPTANCE OF THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS PREVAIL IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY WITH ANY OTHER COMMUNICATION MATERIALS.
1. Organizer
This Competition is run by Gesthôtel Sàrl (Les Roches), a company incorporated in Switzerland (Company No. CHE-307.735.713), having its registered office at Ecole des Roches, Route des Moulinettes 2, 3975 Randogne, Crans-Montana (the “Organizer”).
THIS COMPETITION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, TWITTER, INSTAGRAM, LINKEDIN OR ANY OTHER SOCIAL NETWORK.
2. The Competition
The Competition will run from the start to the end date (the “Prize Draw Period”) as stated within the Organizer’s social media post on the applicable social media platform in which the Organizer announces the Competition and links to these Terms and Conditions (the “Announcement Post”).
3.Participation
PARTICIPATION IS FREE AND THERE IS NO PURCHASE NECESSARY.
To enter the Competition, during the Prize Draw Period, participants must be aged 18+ and do as requested by the Organizer within the Announcement Post (the “Competition Criteria”). Participants are solely responsible for the content included in their post(s) as the case may be.
Participant must only participate in this Competition if permitted to under the local laws and regulations of the participant jurisdiction.
Organiser's staff and their immediate family (parents, siblings or any other person residing in the same household), and the companies involved in the development of Competition and their immediate family are not allowed to participate.
Entries not complying with these Terms and Conditions will be automatically invalid. The Organizer reserves the right to ask any participant to justify the above conditions.
4. Selection of winner(s)
The Organizer will select winner(s) randomly amongst participants who have satisfied the Competition Criteria. The draw will take place within a reasonable time after the end of the Prize Draw Period.
Organizer will notify winner(s) by contacting them either by a response to their social media post or sending them a private message, and Organizer will then provide instructions on how to claim the Prize.
In order to accept a Prize, winners must communicate their acceptance to Organizer within seven (7) days of being offered the Prize and provide the information necessary for the Organizer to award the Prize, by the deadline indicated by the Organizer. If a winner fails to confirm acceptance of a Prize or provide the necessary information within the applicable period, the Organizer reserves the right in its sole discretion to forfeit the Prize or select an alternative winner from the eligible entrants. Organizer shall have no liability to any winner who has not replied in time.
The end of the Competition and the name(s) of the winner(s) are also mentioned in a post/comment by the Organizer under the Announcement Post.
5. Prize
The prize will consist exclusively of the items specified within the Announcement Post (the “Prize”). All expenses, fees or costs of any nature incurred in connection with the acceptance or use of any Prize are the sole responsibility of the winner.
Any images shown in relation to a Prize are for illustrative purposes only. Prize will be awarded in the name of the winners and must be accepted as awarded. No cash equivalent can be claimed in lieu of a Prize. Prizes and all elements within may not be sold, transferred, refunded, or rescheduled to dates not within the fulfilment period set forth as the case may be. Organizer shall have no liability to any winner who is unable to use a Prize for any reason.
The Organizer reserves the right, in the event of a problem with any Prize, to modify and/or replace it with an equivalent prize, such decision and the choice of the equivalent prize being at the sole discretion of the Organizer.
The delivery of any Prize, although carried out in the best interests of the winner, shall be at the risk of the later.
6. Personal Data
By choosing to participate in the Competition, participant social media profile (it may include participant name) in addition to data that the Organizer may already have about participant in relation to participant account, will be processed by Organizer for the sole purpose of running the Competition (including administering Prize as the case may be) in accordance with these Terms and Conditions. Such personal data will be processed to enable Organizer to perform its contract with participant and will be held in accordance with Organizer’s privacy policies.
The general data protection rules of the social network used also apply. Participants agree that the Organizer will not be responsible or liable for such social network privacy practices.
The winners authorize the Organizer to re-share any content they may publish on their social media account as part of the Competition on the Organizer social networks. The winners further authorize the Organizer to use for advertising or public relations purposes their contact details (surname, first name), in any medium whatsoever, without this entitling them to any compensation, right or advantage whatsoever, other than the award of the Prize.
7. Liability
Participants hereby represent and warrant that: (i) they will comply with these Terms and Conditions as well as with any and all applicable laws or regulations in connection with their participation in the Competition and/or acceptance and/or use of any Prize as the case may be including paying all relevant taxes where applicable (the winners are solely responsible for any tax implications arising from winning or using a Prize), (ii) they will not use the Competition or Prize for any illegal or unauthorised purpose; (iii) they will not misrepresent their relationship with the Organizer. Participants agree that the Organizer and its affiliates and their respective officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Indemnitees”) will not be liable in connection with any breach of the foregoing by participants and will indemnify the Indemnitees from any action, claim, expense, or damages resulting therefrom.
Organizer has arranged this Competition in good faith but, to the fullest extent allowed by law, accepts no responsibility for loss or damages, including any third-party claims, as a result of anyone participating in the Competition or any aspect of the Prize awarded. By participating in this Competition, participants agree to hold the Indemnitees harmless against all and any liability and claims and injuries that may arise from or be based upon participation, winning, acceptance and/or use of the Prize received in connection with the Competition.
8. Suspension / Termination.
In the event that the security, administration or proper operation of the Competition is impaired in any way for any reason, including, but not limited to fraud or technical problems, Organizer may in its sole discretion suspend the Competition to address the impairment and then resume the Competition in a manner that best conforms to the spirit of these Terms and Conditions. The Competition can otherwise be altered, varied, modified, changed, or terminated by Organizer at any time at its sole discretion.
Organizer reserves the right, in its sole discretion, to investigate any suspicious or inappropriate activity relating to the Competition and delay the delivery of any Prize during such investigations. Organizer reserves the right to disqualify any participant or winner if, in its sole discretion, (i) a participant or winner has not complied with these Terms and Conditions or (ii) has otherwise attempted to disrupt the Competition (iii) or acted in an unsportsmanlike manner or (iv) engaged in any fraudulent or deceitful behaviour in connection with the Competition, or (v) it believes the participant or winner will impose potential liability on the Indemnitees.
Subject to applicable laws and regulations, Organizer reserves the right, at its sole discretion, to cancel, replace or amend any part of the Competition.
9. Miscellaneous
Any instructions provided in the Announcement Post shall form part of the terms and conditions of the Competition, but in the event of a conflict, these Terms and Conditions take precedence.
Participants agree that any decisions of Organizer in relation to any aspect of this Competition (including but not limited to eligibility determination, selection of winners and awarding of any Prize) are final and binding, not subject to legal recourse and do not create any enforceable claims of any participant.
Failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
Any claim must be sent to the Organizer within one month of the end of the Competition. After this date, no claim will be reviewed.
If any provision shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired.
These Terms and Conditions and all related actions shall be governed by the substantive laws of the country of the registered seat of the Organizer, excluding its conflict of laws principles. The exclusive place of jurisdiction for any claim, legal suit, action or proceeding arising out of or relating to these Terms and Conditions or the Competition shall be the city of the registered seat of the Organizer.