“Call for consumer review videos” RULES
Puressentiel UK Limited (company number 08979881) headquartered at 221 Pentonville Road, the York House, N19JY London, (hereinafter called the “Organiser”) is organising a call for consumer reviews for its social media platforms, on Facebook and Instagram, from September 27th to October 11, 2021 (hereinafter called the “Operation”).
Modalities for participating in the Operation, and modalities for defining selected reviews are described in the rules herein (hereinafter called the “Rules”).
The Operation involves receiving consumer review videos about their chosen Puressentiel product (hereinafter called the “Product”), which will appear, if their video is chosen, in a testimonial video that will appear on all Puressentiel brand platforms.
Article 1 - CONDITIONS OF PARTICIPATION
The Operation is exclusively open to physical persons who are adults on the start date of the Operation, and reside in the United Kingdom (hereinafter called “Participants”).
The Organiser reserves the right to request that all Participants justify the conditions defined above. Persons who do not meet these conditions, or refuse to justify them, shall be excluded from the Operation, and shall not receive any Compensation if they win.
Participating in the Operation implies the full acceptance of these Rules.
Article 2 - PARTICIPATION MODALITIES
The Operation shall be shared on the Organiser’s Social Media, including Facebook and Instagram (hereinafter called “Social Media”).
To participate in the Operation, Participants must meet all the following conditions:
- Demonstrate creativity
- Record a video that:
o Shows a Product in the video;
o Includes a comment about the Product in the video;
o Shows the Product being used, at some point in the video;
o Records the video vertically;
o Does not include any background music in the video;
o Only shows people who have consented to appearing in the video;
o The video must not infringe on the intellectual property rights of a third party.
(Hereinafter called “Criteria”)
- Send your video to avispuressentiel@gmail.com
Article 3 – REVIEW AND PUBLISHING MODERATION POLICY
3.1 The Organiser is committed to the authenticity of client reviews shared in Videos that it receives as part of the Operation (hereinafter called “Video Reviews”). Should Video Reviews be altered, it undertakes to not change the meaning or contents of Video Reviews.
3.2 Participants are informed, understand, and accept that the Video Reviews they send are part of ex-ante control and moderation, the policy of which is defined in the Article herein. This evaluation shall be carried out by PAMP, as the Organiser’s moderator. It is stipulated that Video Reviews shall be sent and handled with the highest level of security and confidentiality by the Organiser’s moderator and the Organiser. As such, the Organiser’s moderator and the moderator reserve the right to use their own discretion to reject any Video Reviews that would specifically breach the provisions hereinafter and more generally, these Rules. This means that Video Rules shall first be assessed, and then published.
As such, Video Reviews shall be moderated according to the following conditions:
- Participants must be aged 18 or more and/or legally capable;
- Video Reviews shall then be handled by PAMP;
- All Video Reviews shall be subject to express prior consent of Participants regarding their sharing and potential ulterior use(s);
- When Video Reviews are received by the Organiser, the following information is collected by the Organiser:
o Mailing date of the Video containing the Video Review;
o Participant’s surname, first name, and email address;
o Postal address and telephone number of the selected Participant;
o Product reviewed;
o Review content.
3.3 Participants are informed that the Organiser’s moderator and the moderator reserve the right to use their own discretion to reject Video Reviews for the following reasons:
• If these Rules are not followed, including Criteria set out in Article 2;
• If contents are hateful, discriminatory, or contain offensive language;
• If contents are not directly related to the Product for which the Video Review was submitted;
• If contents mention the online / offline policy (freedom for our retailers to set their own prices);
• If contents arise from a quality-related issue (malfunction, fault, etc.);
• If contents are associated with an allergic reaction or relate to the Product’s medical effectiveness;
• If contents refer to competitors;
• If contents are wrong, incorrect, or misleading;
• If contents infringe on copyright, patents, brands, trade secrets, on other property rights, or on a third party’s advertising or confidentiality rights;
• If contents break a law, a statute, an order, or a regulation (including, without limitation, those that govern export control, consumer protection, disloyal competition, combatting discrimination, or misleading advertising);
• If contents include any information relating to other websites, addresses, email addresses, contact information, phone numbers, or other information (surname, first name, etc.) which might identify Participants;
• If contents contain computer viruses, worms, or other potentially harmful programmes or IT files;
• If critical comments are made about other published reviews, including on the Organiser’s Website or about their authors;
• If comments relate to another product or to issues arising from an order (such as delivery issues), resulting from improper Product use by Participants.
When Video Review contents relate to one of the aforementioned reasons, the Organiser’s Moderator and the Organiser shall not select that Participant’s Video Review.
3.4 Moderation is performed indiscriminately across all Video Reviews, regardless of their contents. Should the Organiser not be in touch within 15 (fifteen) days of the Video Review being submitted, it means that the Participant has not been selected.
3.5 Video Reviews shall be retained on Social Media for 2 (two) years from their posting.
Article 4 – DESCRIPTION OF SELECTED VIDEOS AND COMPENSATION
4.1 The Operation is the subject of compensation. Participants whose Video is selected shall receive the Product they have showcased, along with 4 (four) PURESSENTIEL BESTSELLERS (hereinafter called, the “Compensation”).
4.2 Following moderation (in accordance with Article 3 conditions), Participants whose Video is selected shall be contacted via email by the Organiser. They will be asked for their postal address to receive their compensation, and to sign a written agreement about the use of their intellectual property rights and the processing of personal data.
4.3 Compensation shall be sent via by post to the postal address that has been provided by Participants.
Article 5 – LIABILITY
5.1 The Organiser’s liability regarding Compensation granted after winners have been named is expressly limited to the Compensation’s description in these Rules, excluding any other liability whatsoever.
5.2 Participation in the Operation implies that Participants are aware of and accept Internet features and limitations, and more generally, the inherent risks of any Internet connection and transmission.
Consequently, under no circumstances shall the Organiser be held liable, without this list being exhaustive:
- for transmitting and/or receiving any data and/or information online;
- for any Internet network malfunction that might prevent the smooth running/functioning of the Operation;
- for the failure of any receiving hardware or communication lines;
- for the loss of any paper or electronic mail, and more generally, for the loss of any data;
- for routing problems;
- for the operation of any software;
- for the consequences of any virus, computer glitch, anomaly, or technical failure;
- for any damage caused to a Participant’s computer;
- and for any technical, material, and software failure of any kind which may prevent or limit a Participant’s ability to participate in the Operation or which has damaged their system.
It is stipulated that the Organiser shall not be held liable for any direct or indirect damage arising from any interruption or malfunction, for the adjournment or termination of the Operation, for any reason whatsoever.
All Participants are responsible for taking appropriate steps to protect their own data and/or software stored on their IT equipment against all damage. The Organiser’s liability shall generally not be incurred in the event of a force majeure or fortuitous event beyond its control.
5.3 Participation in the Operation implies that all Participants recognise that they have read and accept the general terms of use and any policy determined by Social Media. Consequently, under no circumstances shall the Organiser be held liable for any breach to rules published by Social Media which are exclusively perpetrated by Participants.
It is stipulated that the Operation is not managed, sponsored, and/or supported by Social Media.
5.4 Participants must read and follow precautions for use provided by the Organiser printed on the packaging of all its Products before using them, and follow them with every use. Consequently, Organisers shall not be held liable for any damage (whether material, consequential, or physical injuries) which might result fromimproper use of Products by a Participant or by any party during the Operation. Furthermore, due to the specificity of Products such as essential oils, all Participants understand and accept that any information regarding Compensation shall under no circumstances replace the advice of a doctor or of a healthcare practitioner.
Article 6 - INTELLECTUAL PROPERTY
6.1 The Organiser shall not claim the intellectual property of a Participant’s contents, but Participants undertake to granting a user licence to the Organiser. When Participants send a Video to the Organiser, they are granting the Organiser a non-exclusive, free, transferable, sub-licensable, worldwide licence for a duration of 2 (two) years from receiving the video, to host, use, distribute, amend, perform, copy, disseminate, or publicly post (on the Organiser’s websites, Social Media accounts, etc.), translate, and create derivative works from its contents. In this case, the Organiser to not change its meaning or contents.
6.2 Participants recognise that the Operation which is the subject of these Rules does not grant it any property right and/or right to use the brands, names, logos, denominations, or any other intellectual property element belonging to the Organiser, for any use other than that of the Operation.
Article 7 – PERSONAL DATA
Participants are informed that the Organiser’s moderator and the Organiser shall handle personal data (hereinafter called “PD”) that is collected when they participate in the Operation. Within this framework, they undertake to comply with provisions in EU Regulation 2016/679, as established by the European Commission and Council on 27 April 2016, on the protection of physical persons regarding the processing of personal data with regard to the processing of personal data and on the free movement of such data (hereinafter called “GDPR”), and provisions in its Charter on the protection of personal data (accessible on the following URL: https://uk.puressentiel.com/pages/privacy-policy hereinafter called the “PD protection Charter”). This PD is required by the Organiser’s moderator and by the Organiser, as the data controller, for the proper running of the Operation, and if relevant, for the distribution of prizes.
Participants who wish to know how the Organiser’s moderator and the Operator use their PD, or request that it be amended or deleted, may contact the Organiser’s data protection representative by writing to the following address: 122, Boulevard Exelmans - 75016 Paris, France, or by emailing rgpd@puressentiel.com. In this case, Participants must provide the PD they wish to see corrected, updated, or deleted. The Organiser may request a proof of identity or additional information to verify their identity as part of fulfilling their request. If relevant, the request shall include the address where an answer should be sent. Requests for the deletion of PD shall be subject to obligations imposed to the Organiser by law, including in terms of retaining or archiving documents.
Article 8 – OPERATION RULES
Rules may be consulted on the link provided in the Operation’s publication.
They may be sent free of charge to anyone who requests them from the Organiser.
The Organiser reserves the right to prolong, shorten, amend, or cancel the Operation at any time, including in the event of a force majeure, without Participants claiming any compensation.
Article 9 - CONFIDENTIALITY
Participants undertake to the Organiser to maintain the appropriate level of confidentiality and not to disclose any information that he/she may obtain. This obligation of confidentiality shall be effective upon acceptance of these Rules and shall apply for the entire duration of the collaboration with the Organiser.
This obligation of confidentiality shall continue to be effective, notwithstanding the cancellation or termination of these Rules for any reason whatsoever, for as long as the confidential information shall not fall into the public domain.
Article 10 – APPLICABLE LAW AND COMPETENT JURISDICTION
Any potential dispute regarding the interpretation of Rules shall be settled by the Organiser.
Participating in the Operation implies the unconditional acceptance (i) of these Rules including all its stipulations, (ii) current online deontological rules, and (iii) current laws and regulations on the British territory, including current provisions which apply to games and lotteries. Telephone or written requests regarding the interpretation or the application of the Rules herein, or Operation mechanisms or modalities shall not be answered. In the event of a dispute, only registered letters with acknowledgment of receipt sent within at most 30 (thirty) days following the end of the Operation shall be admissible. Except in the event of obvious errors, it is agreed that information resulting from the Organiser’s Operation mechanisms shall be deemed good proof in any dispute regarding connection elements and the computer processing of the aforementioned information on the Operation. Participants undertake to first submit themselves to mediation with the Organiser before any legal proceeding arising from the Rules (particularly regarding their application or interpretation). Participants are subject to British regulations on games and competitions.
In the event of a dispute relating to the interpretation, validity, performance or non-performance of the Rules or any ancillary matters, the Parties agree that British law shall apply and that any challenges to the Rules or disputes relating to them shall be decided by competent British Courts.