Terms and conditions of participation
By participating in this contest (the "Contest"), you ("You") agree to be bound by these Terms of Participation, namely (i) the Contest details outlined in A below, (ii) the General Terms and Conditions outlined in B below; and any other applicable policies and terms (e.g., the Terms of Use of the Website) (the "Terms"). You represent that You meet all the eligibility requirements below. This Contest is subject to these Terms and all applicable laws and regulations.
For any general questions or claims arising from these Terms, please contact contact@balenciaga.com In the event of a complaint, the Organiser (as defined below) may contact You using the contact details You have provided.
A. CONTEST DETAILS
1. THE CONTEST
- The title of the Contest is “BFRND: The Game”.
- The Contest begins on May 21, 2024, at 6:00am UTC+2 and ends on June 4, 2024, at 05:59pm UTC+2 (inclusive).
- THE CONTEST IS DESIGNED AS A SKILLS CONTEST. NO ELEMENT OF CHANCE WILL DETERMINE THE WINNERS.
- NO PURCHASE OR OTHER CONSIDERATION IS REQUIRED TO ENTER OR CLAIM REWARD. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Further information is available on the Contest's website bfrndgame.balenciaga.com (the "Website").
2. THE ORGANISER
This Contest is managed by Balenciaga, a simplified joint-stock company incorporated under French law with a share capital of 23.271.525 €, registered with the Paris Trade and Corporate Register under unique identification number 775 668 122 whose registered office is located at 16-18 rue Vaneau - 75007 Paris, France (the “Organiser”).
3. ELIGIBILITY
To participate in this Contest and be eligible to receive a reward, You must meet all of the following eligibility criteria:
- You must be a natural person aged 18 or over at the time of entry.
- This Contest is only open to residents of the countries of the following regions (the “Region(s)”):
- For the EMEA Region: limited to Austria, Czech Republic, Denmark, France, Germany, Italy, Spain, Switzerland, the Netherlands and United Kingdom (excluding Northern Ireland)
- For the SEAO Region: limited to Australia, Hong Kong SAR, Malaysia, New Zealand, Singapore and Taiwan Region
- For the AMER Region: limited to United States of America
- For the JPKR Region: limited to Japan, Korea
Should you not be a resident of the list of countries above, you may still be entitled to play the game on the Website, but you will not be eligible to enter the Contest.
It should be noted that the Organiser cannot be held responsible if a participant is legally prohibited from taking part in the Contest by its national or local legislation. The Contest is void where prohibited or restricted by law and is subject to applicable federal, state and local laws and regulations.
- Directors, officers and employees of the Organiser, its parent company or any of their respective affiliates, subsidiaries, agents or any company involved in the development or production of the Contest, professional advisors, third party contractors or advertising or promotional agencies involved in this Contest, and immediate family members and those living in the same household as such persons (whether legally related or not) are not eligible to participate in this Contest or win any rewards.
- By entering into the Contest, You confirm that You are eligible to do so and eligible to claim any prize you may win. The Organiser may require You to provide proof that You are eligible to enter the Contest (such as an Identity Document and/or a proof of residency) and You may not be eligible to claim any prize in connection with the Contest if You fail to provide any such proof.
4. ENTRY RULES, SELECTION PROCESS AND REWARDS
4.1 To enter the Contest successfully, You must visit ski.balenciaga.com and follow the step-by-step instructions. You will need to provide certain information (e.g., your name, e-mail address).
4.2 You will need to play BFRND: The Game on bfrndgame.balenciaga.com (full terms and conditions, system requirements and instructions on how to play can be found there) to successfully enter the Contest.
4.3 There is no limit to the number of entries a participant may submit.
4.4 All Contest entries must be submitted to the Organiser by no later than the respective times and dates for the Contest as specified in clause 1.2. All competition entries received after such deadlines shall be automatically disqualified. The Organiser cannot be held responsible for any technology error resulting in the failure of a participant’s results and submission to be received by such deadline.
4.5 The top five (5) individuals on the leader board (with the best score) of each Region on June 4, 2024, at 05.59 pm UTC+2 will receive a reward for the Contest.
In the event of a tie, the first participant to record the highest score wins at the end of the applicable Contest.
4.6 The rewards for each Region are as follow:
- For the 1st place in the Contest: one (1) Balenciaga “BFRND” iron-on Patch
- For the 2nd place in the Contest: one (1) Balenciaga “BFRND” iron-on Patch
- For the 3rd place in the Contest: one (1) Balenciaga “BFRND” iron-on Patch
- For the 4th place in the Contest: one (1) Balenciaga “BFRND” iron-on Patch
- For the 5th place in the Contest: one (1) Balenciaga “BFRND” iron-on Patch
The Contest winners will be announced and contacted at the latest on July 1st, 2024.
The unit value of a Balenciaga "BFRND" iron-on Patch is 30 euros (VAT excluded). The total value of the rewards will not exceed 750 € (VAT excluded). The winners will receive their rewards by post. Please allow up to 60 days (or less if required by appliable law) after validation of arrangement for receipt of reward.
4.7 If the entrants selected for a reward does not meet the eligibility criteria set out in Article 3 above, the Organiser will offer the reward to the next eligible entrant selected in accordance with the selection process. If You are disqualified, the Organiser is not obliged to publish this information. The Organiser undertakes to ensure transparency and to properly record the selection process, so that the results can be verified. The Contest entries will be judged in accordance with the process set out in this clause 4. The Organiser’s decision regarding entrants selected for a reward is final and no correspondence or discussion will be entered into.
4.8 The odds of winning are affected by the number of eligible entries received by the end of the Contest. Only five (5) rewards per Region will be awarded. Winners will be solely responsible for all other expenses not specifically set forth herein. The Organiser reserves the right to substitute rewards of equal or greater value. No other substitutes or transfer of rewards is permitted. The Organiser is responsible only for reward delivery including delivery fees and custom fees that may be applicable.
4.9 Late, illegible, incomplete, forged, altered, corrupted submissions, or usernames that are, in the Organiser’s sole discretion, considered as offensive or potentially prejudicial to the Organise will not be accepted, the participant will automatically be disqualified.
B. GENERAL TERMS AND CONDITIONS
1. CONTACT DETAILS AND REGISTRATION
- The contact details that You disclose by entering the Contest will be used to correspond with You in connection with the Contest and to inform You of any reward to which You may be entitled. Please ensure that the information provided is accurate and inform the Organiser of any changes to this information (e.g., change of email address or telephone number).
- The Organiser will decide at its sole discretion whether an eligibility condition is met. The Organiser reserves the right to verify the information provided by You. In addition, the Organiser reserves the right to ask You to provide proof of age, identity and/or other information provided at any time and at its discretion. Failure to comply with these requests as well as providing incorrect and/or invalid information (for example, incorrect email address, age, or place of residence) may result in your disqualification.
- In addition, the Organiser will not accept and will disqualify entries that are: (a) automatically generated or computer-influenced; (b) completed by third parties (on your behalf); (c) incomplete, illegible, defaced, altered, reconstructed, corrupted, forged or tampered with; (d) created using multiple accounts; (e) submitted by a resident of a country that is excluded from participation in the Contest; (f) made using a username that is, in the Organiser’s sole discretion, considered as offensive or potentially prejudicial to the Organiser or (g) otherwise prohibited by applicable law.
- No responsibility can be accepted for lost entries and proof of transmission will not be accepted as proof of receipt.
2. NOTIFICATION, CLAIM FOR AWARD AND OTHER PROVISIONS RELATING TO THE AWARD
- TThe Organiser will inform the recipient of the reward (the “Reward Recipient”) by e-mail and/or telephone, and an announcement may be made on the Website and/or on a third-party platform. You agree that the Organiser may disclose your information (for example, your first name, last name, nickname, photograph, and the fact that You have received a reward in the Contest). Under no circumstances will Organiser be required to treat any Contest entry as confidential.
- Upon notification, the Reward Recipient will be contacted to receive the Reward. If the Reward Recipient - for whatever reason - (a) cannot be contacted; (b) is unavailable; (c) cannot claim or has not claimed the reward within 15 (fifteen) days; or (d) cannot accept the reward for any personal reason, the Organiser may offer the reward to the next eligible entrant, selected in accordance with the selection process. The Organiser is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify a Reward Recipient. The Organiser does not accept any responsibility if You are not able to receive the prize.
- The Organiser will do its best efforts to deliver the reward within 60 days of the end of each Contest or within a shorter period if required by applicable law.
- The Reward Recipient has no rights or claims other than those explicitly mentioned in the Conditions in relation to the reward.
- All rewards and products/services provided in connection with the Contest (for example, free gifts and other products) are provided "as is" and without warranty of any kind, either express or implied (including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose). Rewards are personal and non-transferable and cannot be claimed by a third party on Your behalf. No cash alternative will be provided for non-monetary rewards. Notwithstanding the foregoing, the Organiser reserves the right to substitute rewards of equal or greater value. No other substitutes or transfer of rewards is permitted. The Organiser is responsible only for reward delivery. Rewards are subject to availability.
- If a selected Reward Recipient fails to meet the eligibility criteria or breaches any other provision of the Terms, the Organiser may select another Reward Recipient in accordance with the selection process and/or require the return or refund of any Reward or its value where a Reward has already been provided to the Reward Recipient.
- If the Reward Recipient of the selected reward has not reached the age of majority in his/her country of residence at the time he/she claims the reward.
- The Organiser has the right to appoint a third party to provide the reward to the Reward Recipient.
- If the value of the reward exceeds the maximum amount permitted by mandatory law, the Organiser reserves the right to replace it with a substitute reward of lesser value than the original reward.
- If the reward cannot be made available and/or is rendered meaningless due to a force majeure event as described in clause 4, the Organiser will replace it with a substitute reward permitted by applicable law, which need not necessarily match the value of the original reward. The Reward Recipient shall have no rights or claims in respect of the substitute reward offered.
3. RIGHT OF THE ORGANISER TO MODIFY THE CONDITIONS
Subject to applicable law and/or the approval of any relevant regulatory body, the Organiser reserves the right to change the details of the Contest, such as dates, start time, location, format, etc. Any such changes will be made available on the Website and will apply to You with immediate effect. You should check the Website regularly for any changes that apply from the date they are uploaded.
4. FORCE MAJEURE
To the extent permitted by law, and without affecting your statutory rights, if, in the opinion of the Organiser, the Contest is adversely affected by an event beyond its control and regardless of whether such event was known at the time or foreseeable (including, but not limited to, war, strike, riot, crime, epidemic, pandemic, widespread disease, sudden legal changes, extreme weather conditions, government orders, travel restrictions, etc.), or if, in the opinion of the Organiser, the Contest is potentially damaging to the Organiser's image and brand, the Organiser may at any time modify, terminate, amend, suspend or terminate the Contest without the award of a Reward and without liability for any amount or kind of loss or damage arising therefrom (whether direct or indirect). The same applies if the Organiser determines that the Contest cannot be conducted as intended or if a virus, bug, tampering or unauthorised intervention, technical failure, or any other cause beyond the control of the Organiser corrupts the administration, security, fairness, integrity, or proper functioning of the Contest. The Organiser will use reasonable endeavours to inform You of any changes to the Contest on the Website. However, You acknowledge and agree that the Organiser may make such changes without notice or other notification to You.
5. DISQUALIFICATION
- At any time during the Contest, the Organiser reserves the right, at its sole discretion, to disqualify an entrant if (a) the entrant fails to comply with the Terms (for example, if he/she breaches the eligibility criteria or any pre-conditions applicable to the entry documents); or (b) if the Organiser has reason to suspect that the entrant is engaged in cheating or any other type of illegal, fraudulent, unfair or inappropriate behaviour including, without limitation, infringement of intellectual property rights. Such conduct may vary widely and may include, but is not limited to, the use of robots or other techniques to interfere with the Contest or simulate the actions of participants, tampering with the normal behaviour of the Contest software, actions resulting in an unintended benefit to a participant as well as offensive language (e.g., inappropriate nicknames, vulgar, discriminatory, or violent statements). If the Organiser disqualifies the Reward Recipient, the Organiser will appoint a suitable runner-up in accordance with the selection process.
- The Organiser's decision is final, and no correspondence will be entered into. In the event of disqualification, You will have no rights or claims against the Organiser including, but not limited to, any right to receive the rewards referred to in the details of the Contest or any other reward or similar.
6. INFORMATION GATHERING AND RESPECT FOR PRIVACY
Information on how the Organiser may collect, process, and store your personal data for the Contest and other purposes is provided during the registration phase on the Website. For more information, please refer to the Balenciaga Privacy Policy.
7. RESPONSIBILITY
7.1 USE CAUTION AND COMMON SENSE WHEN PLAYING THE CONTEST AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS, DAMAGE OR VIOLATE THE RIGHTS OF OTHERS.
You declare that You do not suffer from any condition and are not affected by any circumstance that would prevent You from participating in the Contest safely or that would constitute a risk for others. The Organiser is not responsible if You are physically or mentally unable to complete any or all the tasks associated with the Contest. You also agree that You are not prohibited from participating in the Contest for any reason whatsoever. You declare that You comply with all applicable laws, rules and/or regulations.
7.2 Participation in the Contest is voluntary, and there is no legal right to participate in this Contest. The Organiser is not responsible if You cannot or are not permitted to participate in the Contest for any reason.
To the fullest extent permitted by law, the Organiser, its affiliates, employees, agents and distributors shall not be liable to indemnify You or accept any liability in connection with or arising out of the Contest for (i) any loss of revenue, loss of profits, loss of data, loss of opportunity (in each case whether direct or indirect) and any indirect or consequential loss and (ii) any indirect or consequential loss of any kind whatsoever (including in respect of slight and gross negligence and wilful misconduct).
Except for actions or claims arising from gross negligence or intentional or willful misconduct, Organiser’s total liability over the Contest shall not exceed fifty (50) euros.
In addition, under no circumstances shall the Organiser, its affiliates, employees, agents or distributors be liable for (i) any loss or damage caused by a third party; (ii) any failure or delay in the performance of its/their obligations under these Terms arising out of or caused, directly or indirectly, by an event of force majeure (as described in clause 4; or (iii) any loss or damage caused by the Covid-19 pandemic or similar epidemic or pandemic.
In addition, the Organiser, its affiliates, employees, agents and distributors will not be liable for (i) late, lost, delayed, damaged, misdirected, incomplete, illegible or unintelligible entries; (ii) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures, delays or difficulties; (iii) transmission errors; (iv) attempts to send reward notifications that are not received; (v) any loss suffered by anyone entering or attempting to enter and/or participate in the Contest, whether or not such loss is attributable to the Organiser, its affiliates, employees, agents and distributors; whether the entry is lost, not submitted, processed incorrectly or does not win.
8. GENERAL
- Please note that the official language of the Contest will be English and that all interactions with the Organiser, including these Terms and any further instructions in connection with this Contest, will generally be in English. Translations are provided as a courtesy only unless applicable law strictly requires the Organiser to provide translations into the local language. In the event of any discrepancy between the English language and any translation provided, the English version shall prevail.
- If any provision of the Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or impaired thereby.
- These Terms shall be governed by and construed in accordance with the laws of France. Where participants have their place of residence in another country, the application of the mandatory legal provisions of that country will not be affected by the choice of law.
All disputes arising out of or in connection with these Terms must first be attempted to be settled amicably. Failing this, disputes will be settled by the courts with jurisdiction over the Organiser's registered office, unless otherwise provided by mandatory local consumer protection law.