General Conditions of Use
OFFICIAL RULES OF THE “DACIA ROAD STORIES” COMPETITION
Article 1: Overview of the Competition
Renault SAS, a French Joint Stock Company; share capital: 533,941,113 euros; registered in Nanterre, France under no. 780 129 987; registered address: 13-15 Quai Alphonse Le Gallo, Boulogne-Billancourt, France (the “Organiser”), is organising a Competition from 3 July 2018 to 2 September 2018 entitled “DACIA ROAD STORIES”, in the context of publication of the Dacia travel guide (the “Competition”).
The Organiser proposes to include the most creative entries that shall be submitted as part of this Competition in its “Dacia Road Stories” guide, a travel guide dedicated to the Europe’s most beautiful places and roads, accessible free of charge in both digital and paper versions (the “Guide”).
Article 2: How to Participate
The Competition is open to any adult who resides in one of the six participating countries: France, Germany, Denmark, Belgium, Switzerland and the United Kingdom (the “Participant”), with the exception of the members of staff of the Organiser and of the companies that are directly or indirectly involved in organising, running and promoting the Competition. The directors and members of staff (senior officers, employees and contractors, both permanent and temporary) of the Organiser and of the abovementioned companies shall therefore be excluded. The family members of all the abovementioned persons (spouses, partners, relatives in direct line of ancestry, direct descendants or other relatives, whether or not they live in the same household) shall also be excluded.
In order to participate, Participants need to share a photograph of an exceptional road or place in France, Germany, Denmark, Belgium, Switzerland or the United Kingdom and a text of up to 280 characters that is linked to the photograph, describing its background or history (the “Entry”), via social networks (Facebook, Instagram, Twitter) using the #DaciaRoadStories hashtag, or via the registration form available at www.daciaroadstories.com web site. Any registration form that is not fully filled in or that is incomprehensible or that comprises inaccurate or false statements shall not be taken into consideration.
It is possible for a given Participant to submit several Entries.
The Participants undertake not to submit Entries (photographs and/or texts) of which they are not the sole author or that are in breach of applicable laws.
The Participants undertake not to submit Entries that might comprise any:
- apologia for crimes against humanity,
- incitement to hatred, and in particular incitement to racial hatred,
- child pornography and pornography in general,
- incitement to commit acts of violence,
- affront to human dignity,
- defamation or libel.
The Participants moreover undertake not to submit any photograph that might infringe the rights of third parties, including infringement of anyone’s right to privacy, their rights over their image or their intellectual property rights.
The Organiser hereby specifically draws the Participants’ attention to the fact that the background elements or peripheral elements of the staging of a photograph (trademarks, advertising visuals, posters, photographs, architectural works, lighting effects or water features, street performances, choreographies, sculptures, etc.) may be protected by third party proprietary rights. The participants are thus urged to be vigilant in the staging of their photographs.
The Organiser does not have the resources to control all of the Entries that are submitted online as part of the Competition. Still, any Entry that does not comply with the foregoing rules and that is reported to the Organiser shall be erased under the supervision of the Organiser. Should the medium where the Entry is submitted be under the Participant’s control, the latter undertakes, immediately upon receiving a written request from the Organiser, to remove any reference to #DaciaRoadStories or even to erase the Entry on the media involved if they are directly or indirectly associated with the Organiser in any way. In the abovementioned cases, the Participant shall be excluded from the Competition, notwithstanding the Organiser’s other remedies. The Participants shall be fully liable towards the Organiser for any third party claim in this respect.
Any person that considers that a given Entry infringes their rights should report this to the Organiser at the following address: Renault SAS, 13/15 Quai Le Gallo, 92100 Boulogne-Billancourt, France. In order to simplify the processing of the claim and therefore the withdrawal of the Entry involved from the medium under the Organiser’s control, the claimant should provide their contact details, a brief description of the contentious facts and the basis for their claim for erasure of the Entry involved.
The Participants hereby acknowledge and accept the terms of these rules when they send in their online participation form or when they publish their Entry on the social networks in conjunction with the #DaciaRoadStories hashtag.
Participation in the Competition shall takes place solely over the Internet. Therefore, any attempt to register by telephone, facsimile or post shall not be taken into consideration.
The Organiser shall not refund Participants for their subscriptions taken out with Internet access providers and the equipment (computer, camera, modem, cables, telephone, etc.) that they use to take part in the Competition; the Participants hereby declare that they already have the use of same for their own personal purposes.
The Organiser shall be entitled to sideline, disqualify or invalidate any Entries if it would seem that fraud has been committed in any form whatsoever.
Article 3: Selection of the Winners
Upon expiry of the period for participating to the Competition, all of the Entries shall be reviewed by a panel consisting of: a representative of the local project team, a representative of the communication agency (Webedia) and a representative of the Organiser’s corporate communication team, who shall select the 23 Winners and their Entries (the “Winner(s)”) in accordance with the following criteria among others:
- Compliance with the guidelines;
- Greatest impact and appeal;
- The aesthetics of the photograph;
- The specific nature, originality and interest of the place depicted in the Entry.
The winners shall be notified individually by electronic mail or instant messaging within 15 days following the selection of their Entry, on the e-mail address that they provided upon registering for the Competition. No message shall be sent to the other Participants. Should it not be possible to contact a Winner, a further selection shall be performed among the remaining Participants in the Competition.
Article 4: Assignment of rights over the Entries
The Participants acknowledge and agree that their Entry may be relayed over the social networks and the Organiser’s online communication media. To that end, the Participants grant to the Organiser the non-exclusive rights to reproduce, show, adapt and translate their Entries with a view to sharing them on the social networks and the digital media of the Organiser for the duration of the Competition and for the world as a whole.
The Winners hereby assign to the Organiser all of their proprietary rights over their Entries. This assignment shall be granted free of charge, on an exclusive basis, for the maximum duration of the protection afforded under intellectual property rights, for the world as a whole and for any purpose, be it informative or commercial, and shall cover (i) the right to wholly or partly reproduce the Entries on any medium, whether current or future, such as paper, digital, electronic or online media, including the Guide, (ii) the right to wholly or partly show the Entry, using any current or future communication method, such as on paper, over computer networks, online, or via land-based, cable or satellite television broadcasting, including in the Guide, (iii) the right to wholly or partly adapt the Entry in any graphical form or to suit any medium, such as the Internet, and (iv) the right to translate all or part of the Entry into any language. The Organiser may freely transfer or assign all or part of the rights covered by this assignment. This assignment shall include all the warranties of compliance with the applicable regulations and lack of infringement of third party rights.
The Winners hereby undertake to regularise this assignment if need be immediately upon receiving a request to do so from the Organiser.
The Winners hereby moreover authorise the Organiser to use their name, pseudonym and image in any promotional or advertising communication linked to the Competition, such as on all the paper and online media published by the Organiser, for a term of one (1) year as of the selection of their Entry. This use shall not be remunerated by any consideration.
Article 5: Personal data
The term “personal data” means any information concerning a natural person enabling them to be identified directly, or indirectly by reference to an identification number or to one or more intrinsic elements.
The Competition shall require the processing of personal data:
- In connection with the Participants’ participation;
- In connection with the Participants’ assignment of the rights mentioned in article 4 of these rules.
For the purposes of the abovementioned data processing cases, RENAULT SAS shall be the data controller; its contact details are shown in article 1 of these rules.
The Participants’ personal data shall be processed by RENAULT SAS in its capacity as the data controller. The Central Corporate Communication Department is responsible for the organisation of the Competition.
5.1 – Processing of personal data on the basis of participation in the Competition
The following personal data of the Participants shall be processed on the basis of their participation in the Competition: first name, family name, pseudonym and e-mail address.
This data is necessary for taking the Participants’ Entries into consideration and for the selection of the Winners. Failing this, a person may not take part in the Competition.
The abovementioned data processing shall take place under the agreement between the Organiser and each Participant formed upon the Participant’s implicit acceptance of these rules when they agreed to take part in the Competition.
The abovementioned data shall also be transmitted to the members of the panel and to Webedia SA, a public limited company; registered in Nanterre, France under no. 501 106 520; registered address: 2 rue Paul Vaillant Couturier, 92300 Levallois-Perret, France, which is in charge of running the Competition, gathering the Entries, organising the panel and informing the Winners.
The personal data that is processed on the basis of participation in the Competition shall not be kept beyond the duration that is strictly necessary for taking part in the Competition and for designating the Winners. Nevertheless, the data may be kept in temporary archives, prior to being erased, throughout the duration of the period of limitation applicable to any dispute over these rules.
The personal data that is processed on the basis of participation in the Competition shall not be transferred outside the European Union or to countries other than those that are acknowledged as providing adequate safeguards.
In the case of Participants who submit their Entries on the www.daciaroadstories.com web site, additional data concerning their viewing and browsing of the web site may be gathered and processed in accordance with the provisions of the cookies policy of the abovementioned web site. The terms under which this data processing shall take place shall be brought to the attention of the Participants when they access the web site, and submitted to their consent.
5.2 – Processing of personal data on the basis of the assignments of rights stipulated by article 4 of these rules
The following personal data shall be processed on the basis of the assignments of rights by the Winners as stipulated by article 4 of these rules: name, family name, pseudonym and e-mail.
This data is necessary for the performance of the rights and obligations arising from the assignment of the rights between the Organiser and the Winners, including the publication of the Entries in the Guide and/or on the other media mentioned in article 4 of these rules as well as for the showcasing of the Winners as part of the promotional or advertising communication linked to the Competition.
The abovementioned purposes shall be pursued on the basis of the performance of the agreements between the Organiser and the Winners as set out in article 4 of these rules and any other regularisation agreement signed by the parties if need be.
The abovementioned personal data shall be kept throughout the duration of the performance of the assignments or authorisations mentioned in article 4 of these rules. Nevertheless, the data may be kept in temporary archives, prior to being erased, throughout the duration of the period of limitation applicable to any dispute over these rules.
The abovementioned personal data shall not be transferred outside the European Union or to countries other than those that are acknowledged as providing adequate safeguards.
5.3 – Exercising of the Participants’ statutory rights
By merely providing evidence of their identity, the Participants shall have a right to access their personal data processed by the Organiser, a right to request that any data that is inaccurate, incomplete or out of date be rectified, updated or erased, and a right to oppose the processing of this data, subject to being able to show legitimate grounds for such a request.
Participants may also issue specific or general instructions regarding certain forms of data processing, for the preservation, erasure and disclosure of their personal data after their death. They may modify or cancel these instructions at any point in time. The specific instructions may be registered with the data controller. The general instructions may be registered with a trusted digital third party certified by French data protection authority, the CNIL.
To exercise their rights, the Participants should contact the Organiser as follows, providing evidence of their identity :
- by e-mail, to email@example.com,
- by post, to the following address: Renault SAS, Legal Department – Data Protection Officer, 13/15 quai le Gallo, 92100 Boulogne-Billancourt, France.
Finally, the Participants shall have of the right to file a complaint with the competent data protection authority regarding the processing of their personal data. Participants are however invited to contact the Organiser before filing any such complaint, to give the Organiser the opportunity to try to resolve the issue, by contacting the Communication Department at the following address: Renault SAS, 13/15 Quai Le Gallo, 92100 Boulogne-Billancourt, France.
The rights granted under the applicable laws and regulations shall not affect the exercising of the rights assigned over the Entries in accordance with the terms of article 4 of these rules.
- right of access means that data subjects may ask at any point in time whether their personal data is being processed by the Organiser, and if so, what personal data is being processed and the characteristics of the processing involved.
- right to rectify means that data subjects may request that their personal data held by the Organiser be rectified if it found to be inaccurate. The data subjects may also request that their personal data, if incomplete, be completed inasmuch as this is relevant to the purpose of the processing being carried out.
- right to erasure means that data subjects may request that their personal data be erased particularly when (i) its retention is no longer necessary in light of the purposes for which it was gathered, (ii) their personal data is being processed on the basis of their consent, and the data subjects wish to withdraw this consent, and there is no other legal basis that might justify the continuation of the processing of the data, (iii) the data subjects have opposed the processing of their personal data and accordingly wish that it be erased, (iv) their personal data was being processed illicitly, (v) their personal data must be erased to comply with a legal obligation under European Union law or French law.
- right to limit the processing means that data subjects may request the imposition of a limitation on the processing of their personal data (i) where they have challenged the accuracy of their personal data, throughout the duration required to check the accuracy of this data, (ii) if pursuant to any processing that is found to be non-compliant, the data subject would rather limit the processing than opt for complete erasure of their personal data, (iii) if their personal data is no longer necessary for the purposes of the processing but its retention by the Organiser is still necessary to the persons involved for the acknowledgement, exercising or defence of their rights in court, (iv) when they have opposed the processing of their personal data and they wish to limit its processing throughout the duration required to check whether the legitimate basis invoked is justified.
- right to oppose the processing means that data subjects may challenge the processing of their personal data. The right to oppose the processing of personal data may only be exercised subject to adducing legitimate grounds pertaining to their specific circumstances. The contentious data processing shall be terminated unless there are legitimate and overriding grounds justifying its continuation in keeping with the applicable rules and regulations.
Article 6: Liability
The Organiser shall be entitled to reduce, to extend, to modify or to cancel the Competition if events beyond its control make this necessary. The Organiser hereby disclaims liability for doing so. Any information concerning the cancellation or the modification of the Competition shall be mentioned directly on the following media: Facebook and Instagram pages of Dacia, as well as on the www.daciaroadstories.com web site.
The Organiser hereby disclaims liability for the loss of any e-mail, for slowdowns or unavailability of the Internet network, for the quality of the hardware used by the Participants, or for the quality of their method of accessing the Internet, which may have repercussions on the time that it takes to download files or on the connection time needed for participation; the Organiser also disclaims liability for the unavailability or impossibility to access its www.daciaroadstories.com web site.
The Organiser finally disclaims liability for any intrusion, misappropriation or contamination by viruses circulating over the Internet. Participants access the www.daciaroadstories.com web site and take part in the Competition under their full responsibility.
Article 7: Acceptance of the Rules and Modifications
Participation in the Competition implies acceptance of these rules and of the Organiser’s decision over any dispute that may arise concerning the interpretation and the application of these rules.
The Organiser may modify these rules, for instance in order to comply with any new applicable legislation and/or regulation, subject to informing the Participants who shall already have accepted these rules.
Article 8: Intellectual property
In accordance with the laws governing intellectual property rights, the reproduction, showing or use of all or part of the elements comprising the Competition, as well as any trademark, including the “Dacia” trademark, or any other intellectual property right held by the Organiser, shall be strictly prohibited.
As an exception to the above, the Organiser authorises the Participants to use the Dacia trademark for the sole purposes and strictly within the scope of their participation in the Competition. Any other use shall require the Organiser’s prior, written consent.
Article 9: Applicable law
These rules shall be governed by French law. However, this clause shall not deprive the Participant from benefiting from the mandatory provisions of the law of their country of residence that would be applicable if these rules were not governed by French law.