OFFICIAL RULES OF THE COMMERCIAL LOTTERY
WITH OBLIGATION TO BUY
online at the Website https://bananamoon.com
and/or in Participating Stores
"BANANA MOON - WIN A SAILING TRIP IN GREECE
Article 1: Organisation
WORLD SHOP, S.A.M. with capital of 150,000 euros, a registered office at 6 avenue Albert II 98000 MONACO, registered with the Monaco Trade and Companies Register under number 06 S 04444,
And
DIGITAL DISTRIBUTION COMPANY, S.A.M. with capital of 150,000 euros, a registered office at 6 avenue Albert II 98000 MONACO, registered with the Monaco Trade and Companies Register under number 15 S 06779,
(hereinafter referred to together as the "Organising Company")
are jointly organising from Saturday 20/05/2023 to Sunday 04/06/2023 inclusive a commercial lottery with an obligation to buy (hereinafter the "Lottery") in the participating BANANA MOON stores listed in Article 14 of these rules (hereinafter the "Stores") and on the Website https://bananamoon.com (hereinafter the "Website"), the principle and terms of participation for which are set out in these rules (hereinafter the "Official Rules").
Article 2 - Acceptance of the Official Rules
Prior to participation in the Lottery, the participant must read and accept without any reservation these Official Rules, which are accessible free of charge throughout the Lottery in the Stores and on the Website, and the principle of the Lottery.
Anyone who contravenes one or more of the articles in the Official Rules will not be allowed to participate in the Lottery and will be deprived of any prize they win.
Article 3 - Conditions of access and terms of participation
Participation in the Commercial Lottery with an obligation to buy is open to any natural person of legal age who makes a purchase of at least €90 (including tax) between 20/05/2023 and 04/06/2023 inclusive in a Participating Store or on the Website and who has an email address, with the exception of the director(s), manager(s) and agents of the Organising Company or any other company affiliated with the Organising Company.
The participant authorises any checks concerning, in particular, their identity, place of residence, age, the validity of the email address used to participate or the effectiveness of their participation in the Lottery. Any false identity or address details will automatically lead to the cancellation of participation in the Lottery.
In the Stores, after having read and accepted without any reservation these Official Rules displayed in the sales area throughout the Lottery, a candidate who fulfils the conditions of access to the Lottery and accepts the Official Rules confirms their participation with a sales assistant by registering their personal information (name, email address) in the customer record of the Participating Store.
On the Website, the candidate fulfilling the terms of access to the Lottery must take note, via the access link appearing on the screen, of these Official Rules and then accept them without any reservation by ticking the box provided for this purpose. The candidate may then confirm their participation in the Lottery by recording their personal information (name and email address) in the Website's customer record.
Each household (same name, same email address) may only register one entry on the Website and one entry in each of the Stores.
If a participating household submits its application several times on the Website, only the first application registered on the Website will be retained by the Organising Company for the draw, which each applicant expressly accepts.
If a participating household submits its application several times in the same Participating Store, only the first application registered in this Participating Store will be retained by the Organising Company for the draw, which each applicant expressly accepts. Each household (same name, same email address) may therefore only register one entry on the Website and one entry per Participating Store.
Entries on the Website and/or in Stores will not be considered if the details provided are incorrect or incomplete, if they do not comply with these Official Rules, or if they are sent after 04/06/2023.
Participation on the Site and/or in the Shops will not be taken into consideration or will be cancelled a posteriori, including after the draw, if it turns out that in the event of total or partial reimbursement of the products purchased, for whatever reason (return, exchange, right of withdrawal, etc.) the participant no longer meets the minimum purchase requirement of €90.00.
The Organising Company will not be responsible for lost or late entries, or entries not received for whatever reason.
All entries will be deemed to have been submitted by the authorised account holder on the Website and in the Stores at the time of entry ("Authorised Account Holder"). The Authorised Account Holder is defined as the natural person who is assigned to a customer account on the Website and/or assigned to a customer account at a Participating Store.
Participation is strictly on an individual named basis and it is strictly forbidden to participate under multiple pseudonyms or on behalf of other participants. Any attempt to hack into the system or repeat registration with (a) false email address(es) will result in disqualification for those involved. After checking the contact details of any winner, the Organising Company therefore reserves the right, if one of the above cases is proven, not to hand over the Prize that has been won.
Article 4 - Selection
This advertising Lottery aimed at adult consumers with an obligation to buy is a game of chance.
One (1) winner will be drawn from all the valid entries registered on the Website and in the Stores under the terms of these Official Rules.
The draw will take place on Wednesday 21 June 2023 under the supervision of a bailiff from the firm SCP JD, Commissaire de Justice, 121, rue de la Pompe - 75116 Paris.
The name of the winner will be communicated in confidence.
The winner will be informed of the result by the Organising Company or one of its representatives by email on 26 June 2023 at the email address given on registration.
Participants also authorise the Organising Company to contact them by telephone and/or via social media in order to communicate the result of the Lottery.
No messages will be sent to other participants not drawn.
The winner must respond to the message from the Organising Company or one of its representatives and provide all the information requested, if any, before 26 July 2023. In the absence of a response within the time limit, in the event of disqualification or if the winner cannot be reached, the Prize will be definitively forfeited without giving rise to any compensation. The Prize will not be awarded and will be forfeited for good.
The winner will be required to prove their eligibility to claim and receive the Prize. The winner authorises any verification of their identity and home address.
The Company accepts no responsibility for any problems with notifying a participant of a win or delivery of the Prize arising from an error in the contact details provided or due to any unsuccessful efforts to notify the winner.
All decisions by the Organising Company in respect of the winner will be final, binding and without appeal.
Article 5 - Prize
The winner will receive an eight (8) day, seven (7) night cruise for two (2) people in Greece on a top-of-the-range catamaran with crew, worth €4,500.00 including tax.
The Prize will not be exchangeable for any object, service or monetary value and cannot be refunded in whole or in part. Non-acceptance of the Prize for any reason whatsoever shall not entail any financial or other consideration.
The prize includes :
- Return flights up to a maximum of € 500.00 per person. The outbound flight will be from the airport closest to the winner's place of residence (Paris for France), the return flight will be from Athens International Airport "Eleftherios Venizelos".
- Accommodation in a double cabin with private shower room and toilet (Catamaran Lagoon 450 or similar - Maximum capacity of 8 passengers)
- Half board (7 breakfasts, 6 lunches, 1 dinner and snacks) (Breakfast on day 8 will be served as a cold box)
- Drinks: water, coffee, tea. Wine or beer for lunch
- Crew services: skipper and hostess/cook
- Sheets and towels
- Water sports on board: fins, mask, snorkel and paddleboard
- Wifi connection on board (depending on the area of navigation)
- Air conditioning (on average 2-4h/day when the boat is not sailing)
- Insurance for the boat and passengers
The prize does not include:
- Transfers to and from the airport to the boat (taxi approx. €40)
- Alcoholic beverages (excluding wine or beer served with meals)
- Dinners (except on the fourth day in Dokos)
- The boat kitty (compulsory) to be paid in cash on site (€220 /person in double and €440 /person in single)
- Tips for the crew: 5-10% of the cruise price
- Other personal expenses
The date of the trip will be chosen according to the availability of the "GlobeSailor" partner and the winner. In any case, the trip must take place between mid-June 2024 and mid-September 2024. The winner and their guest must be available between these dates. If this is not the case, or if travel in 2024 is restricted due to Covid 19 or other reasons, the Prize cannot be carried forward and will be forfeited without compensation.
Article 6 - Limitation of liability
The Organising Company will not be held liable for any disputes relating to the procedures for awarding the Prize.
The Prize is provided "AS IS", without any warranty, express or implied. No request for replacement, exchange or transfer of the Prize will be accepted. The Organising Company reserves the right to replace the Prize with another Prize of equal or greater value, at its sole discretion. The Prize cannot be exchanged or refunded for cash.
Photographs showing the Prize are provided for illustrative purposes only and may in no way be considered as representing the Prize.
The Organising Company will in no event be held responsible for any delay in awarding the Prize or in the event that the winner cannot be awarded the Prize for reasons beyond the control of the Organising Company. If the Prize cannot be sent by post, the conditions of acceptance of the Prize by the winner will be specified to them by email or by any other means at the Organising Company's convenience.
It is the responsibility of the winner and their guest to ensure that they have all valid travel and identity documents required by airlines, security services and authorities.
In the event that the winner and/or their guest are unable to travel during the specified period, the Prize will be forfeited in its entirety, without compensation or further obligation on the part of the Company.
Unless otherwise specified, all other expenses will be the responsibility of the winner, including living expenses, activities, meals and beverages, tips, telephone, administrative, transportation, including transportation between their residence and the departure and arrival points/airports, mini-bar, laundry, room service, entertainment, excursions, travel insurance, passport issuance and any other incidental expenses.
Article 7 - Participant warranties
Participants promise the Organising Company not to transmit any defamatory, libellous, obscene or plagiarised content, and warrant that the use by the Organising Company of their entry or any information contained therein will not infringe the copyright, trademark, privacy or other rights of any third party. Participants agree to indemnify and hold harmless the Organising Company from and against any and all costs and expenses (including reasonable lawyers' fees) arising from a breach of any of the foregoing warranties or representations. These warranties and representations do not apply to content not provided by the participants.
Article 8 - Application of these Official Rules
The invalidity or unenforceability of any provision in these Official Rules will not affect the validity or enforceability of any other provision. If any of the provisions are held to be invalid, unenforceable or illegal, these Official Rules will remain in full force and effect and will be construed in accordance with their terms as if the invalid or illegal provision did not form part of the Official Rules. The failure of the Organising Company to apply a clause of these Official Rules does not constitute a waiver of the application of this clause.
Article 9 - Complaints
Participation in this commercial Lottery with obligation to buy implies prior full acceptance of the terms and conditions set out in these Official Rules.
Failure to comply with any of the provisions in these Official Rules will result in the exclusion of the participant responsible for the breach. Any dispute about a provision's interpretation will be decided by the Organising Company.
Any complaint concerning participation in Stores must be sent before 12/07/2023 by registered letter with acknowledgement of receipt to SAM DIGITAL DISTRIBUTION COMPANY, Marketing Department, 6 avenue Albert II, 98000 MONACO. Any complaint concerning participation on the Website must be sent before 12/07/2023 by registered letter with acknowledgement of receipt to SAM DIGITAL DISTRIBUTION COMPANY, Marketing Department, 6 avenue Albert II, 98000 MONACO.
These complaints may only relate to the material terms of the Lottery.
Article 10 - Modification of these Official Rules and fraud
The Organising Company reserves the right to modify these Official Rules at any time and will inform participants of any changes it deems significant at least thirty (30) days before the material change comes into effect. The Organising Company also reserves the right to take any decision that it may deem useful for the application and interpretation of these Official Rules, and may inform the participants thereof by any means of its choice. The Organising Company also reserves the right to modify, extend, shorten, suspend or cancel the Lottery, or to disqualify any participant, at its sole discretion and without notice, due to, including but not limited to, any event beyond its control, including but not limited to any event constituting force majeure or an act of God.
In particular, the Organising Company reserves the right, if necessary, to invalidate and/or cancel all or part of the Lottery if it appears that fraud or malfunctions have occurred in any form whatsoever in the context of participation in the Lottery or determining any winner. In this case, it reserves the right not to award the Prize to the fraudsters and/or to prosecute the perpetrators of such fraud in the relevant jurisdictions. Fraud will result in the immediate disqualification of the perpetrator.
The Organising Company will not be held liable for any of the foregoing and the participants will not be entitled to claim any compensation or indemnity of any kind whatsoever.
Article 11 - Protection of personal data
The Data Controller responsible for the personal data of participants in Stores is WORLD SHOP and the Data Controller for the personal data of participants on the Website is DIGITAL DISTRIBUTION COMPANY, as identified in Article 1 above.
In order to participate in the Lottery, participants must provide certain personal information about themselves (name and email address), without which their participation cannot be finalised and validated.
When participating in the Lottery in Stores, this information is recorded and saved in a computer file and is necessary to take into account the entry, to determine any winner and to award and deliver the Prize. This information is intended for WORLD SHOP and may be transmitted to its technical service providers and to a service provider delivering the Prizes. The legal basis for the processing of personal data of participants in Stores is the contract between the participant and WORLD SHOP, which is established in these Official Rules, and, where applicable, the consent of the participant, where required. The personal data of the participants in Stores is kept for the duration of the Lottery, and for a maximum of three (3) years from the last contact initiated by the participant.
By taking part in the Lottery in Stores, all participants authorise WORLD SHOP to send them emails about information, offers and events related to the BANANA MOON brand. The participant's consent will be requested to receive information, offers and events from WORLD SHOP business partners. The participant may opt out of receiving these messages free of charge by clicking on the unsubscribe link in each message. The participant may also object at any time and free of charge to messages sent by WORLD SHOP by notifying WORLD SHOP at the address below.
You have the right to access the Personal Data collected as well as the right to modify or delete the Personal Data. Any access, rectification or opposition request should be addressed to SAM WORLD SHOP, 6 Avenue Albert II, 98000 Monaco - Principality of Monaco. You can also access your information and modify your Personal Data directly with a salesperson in Stores where a Lottery entry has been validated.
By taking part in the Lottery in Stores, all participants authorise the Lottery partner GLOBESAILOR to send them emails about information, offers and events related to the GlobeSailor brand. The participants are informed that the personal data concerning them may be transmitted to the commercial partners of GLOBESAILOR and that they may oppose this transmission. Any request for access, rectification or opposition should be addressed to SAS GLOBESAILOR, 141 Avenue de Clichy, 75017 PARIS.
When participating in the Lottery on the Website, personal information is recorded and saved in a computer file and is necessary to take into account the entry, to determine any winner and to award and deliver the Prize. This information is intended for the DIGITAL DISTRIBUTION COMPANY and may be transmitted to its technical service providers and to a service provider delivering the Prizes. The legal basis for the processing of personal data of participants on the Website is the contract between the participant and DIGITAL DISTRIBUTION COMPANY, which is established in these Official Rules, and, where applicable, the consent of the participant, where required. The personal data of the participants on the Website is kept for the duration of the Lottery, and for a maximum of three (3) years from the last contact initiated by the participant.
DIGITAL DISTRIBUTION COMPANY may use personal data in accordance with its privacy policy:
https://www.bananamoon.com/en/privacy-policy
By taking part in the Lottery on the Website, all participants authorise DIGITAL DISTRIBUTION COMPANY to send them emails about information, offers and events related to the BANANA MOON brand. The participant's consent will be requested to receive information, offers and events from DIGITAL DISTRIBUTION COMPANY'S business partners. The participant may opt out of receiving these messages free of charge by clicking on the unsubscribe link in each message. The participant may also object at any time and free of charge to messages sent by DIGITAL DISTRIBUTION COMPANY by notifying DIGITAL DISTRIBUTION COMPANY at the address below.
You have the right to access the Personal Data collected as well as the right to modify or delete the Personal Data. In order to exercise this right, you can contact the Website by email at: [email protected] or by post at the following address: SAM DIGITAL DISTRIBUTION COMPANY, 6 Avenue Albert II, 98000 Monaco - Principality of Monaco. You can also access your information on the Website and modify your Personal Data by accessing your Account.
By taking part in the Lottery on the Website, all participants authorise the Lottery partner GLOBESAILOR to send them emails about information, offers and events related to the GlobeSailor brand. The participants are informed that the personal data concerning them may be transmitted to the commercial partners of GLOBESAILOR and that they may oppose this transmission. Any request for access, rectification or opposition should be addressed to SAS GLOBESAILOR, 141 Avenue de Clichy, 75017 PARIS.
Article 12 - Intellectual property rights
The companies referred to in Article 1 of these Official Rules and their partner company BLOBESAILOR SAS hold the exclusive intellectual property rights for the images used in the Stores and on the Website, the objects represented, the trademarks and trade names mentioned, the graphic elements, the computer elements and the databases making up the Website, which may not be extracted, reproduced or used without their prior written authorisation, or civil and/or criminal proceedings may apply.
Article 13 - Applicable law
Monégasque law is the only law applicable for the execution and interpretation of these Official Rules.
The French language version of these Official Rules is the only binding version.
For any dispute relating to the Lottery, jurisdiction is expressly attributed to the courts of MONACO even in the case of summary or protective proceedings, activation of guarantees or multiple defendants.
Article 14 - List of Participating Stores:
AIX EN PROVENCE/ BORDEAUX / CANNES / CHAMBERY / FREJUS / LA BAULE ESCOUBLAC / LA VALETTE / LACANAU/ LYON 2ème / MARSEILLE / MENTON / MONACO / ST LAURENT DU VAR-CAP 3000 / ST RAPHAEL / ST TROPEZ / CAVALAIRE SUR MER / NICE / AJACCIO/ BIARRITZ / CASSIS / JUAN LES PINS / LA GRANDE MOTTE / LA ROCHELLE / MONTPELLIER CENTRE / MONTPELLIER-ODYSSEUM / PORTO VECCHIO / TOULOUSE / ROYAN / KNOKKE / FORTE / IBIZA / L’ESCALA
Article 15 - Filing and access to the Official Rules
These Official Rules are deposited with SCP JD, in its role as an Office of Justice Commissioner (Bailiff of Justice) located at 121, rue de la Pompe - 75116 Paris.
It can be sent free of charge on written request to DIGITAL DISTRIBUTION COMPANY S.A.M, Marketing, 6 Avenue Albert II 98000 Monaco - Principality of Monaco.