BAUME & MERCIER, Branch of Richemont International SA

    The Baume & Mercier Save For Later Competition

    TERMS & CONDITIONS / OFFICIAL RULES

    NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ENTRY OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA. Void where prohibited by law. INTERNET ACCESS REQUIRED.

    Enter the Baume & Mercier Save For Later Competition to win a Vélo Pulse Aero Track bike.

    By entering the Competition, you (“you” or “Participant”) acknowledge that you have read and accept all the terms and conditions in these Official Rules (“Rules”) below.

    The Participation Rules are available online at: http://www.baume-et-mercier.com/en-us/legal/save-for-later-competition.html

    OVERVIEW

    These Rules apply to the Baume & Mercier Save For Later competition (the "Competition"). By entering the Competition, Participants expressly agree to be bound by these Rules. However, this Competition shall be void where prohibited by local law.

    The Competition is promoted and organised by BAUME & MERCIER, Branch of Richemont International SA, 50, chemin de la Chênaie, 1293 Bellevue, SWITZERLAND (hereinafter referred to as “Baume & Mercier”).

    By entering the Competition, Participants expressly acknowledge that the Competition is in no way sponsored, endorsed or administered by, or associated with Instagram and release the aforementioned of any and all claims relating to or arising from the Competition.

    From July 17 until July 31, 2017, Baume & Mercier will hold the Baume & Mercier Save For Later competition (the "Competition"). During this time Participants will be asked to (1) find the 6 pieces of a picture puzzle posted by @baumeetmercier and 5 other different accounts on Instagram, (2) “save” the pieces in the correct order using the Instagram “save” feature and (3) send a screenshot of the completed image in a direct message to @baumeetmercier on Instagram (4) with an answer to the question “What life-lessons has sport taught you?” in a maximum of 350 characters and (5) confirmation of having read and accepted the Participation Rules. A jury will select the best answer among those participants having correctly assembled the picture puzzle to designate one winner who will receive a Vélo Pulse Aero Track bike.

    Before submitting their answer to the question “What life-lessons has sport taught you?” in a maximum of 350 characters, and provided Participants have correctly completed the picture puzzle sent to @baumeetmercier, Participants must ensure and hereby represent and warrant that:

    • The text does not promote any brand other than Baume & Mercier;

    •The text must be original – in other words, the Participant created the text her/himself, is the only author and nobody else has worked on it;

    •The Participant is the exclusive holder of all rights in particular intellectual property rights related to the text and they do not contain any element whatsoever that might infringe a third party’s rights in any way;

    • The text does not contain material embodying the names or likeness identifying another person without permission;

    • The text does not in any way reflect negatively on anyone’s image or reputation;

    •The text is not in any way violent or pornographic, and will not in any way whatsoever harm the dignity or any other rights of any third party;

    • The text does not contain any computer virus or other code designed to destroy, divert, interrupt or limit any computer system in any way.

    Baume & Mercier reserves the right not to accept or to remove from the Competition any text submitted for the Competition that does not in its opinion and at its entire discretion comply with the conditions set forth herein.

    By sending their texts to @baumeetmercier, Participants expressly authorise Baume & Mercier to reproduce, display and more generally use the texts, in its original language or a translation, both on and off-line, on the Baume & Mercier and other websites on which it communicates and publications it may at any time choose to produce without restriction or limitation.  To this end and on submission of their texts to the Competition, Participants expressly waive their moral rights in and to the texts and will not in any way do anything to invoke such rights to the detriment of Baume & Mercier. In spite of the foregoing, Baume & Mercier will where possible credit the author of the submitted text.

    At the end of the Competition, the Jury composed of representatives of Baume & Mercier will meet on or around 9th of August 2017 to designate the best answer from among those submitted by the Participants having correctly completed the picture puzzle based on the following criteria: 50% creativity and 50% relevancy to the claim of “What life-lessons has sport taught you?”. The judging panel’s decisions are final.

    At Baume & Mercier’s discretion, the winner of the Prize will be required to complete an affidavit of eligibility as well as any additional required information, releases or responses to receive the Prize.

    DETAILED RULES

    1.The Competition is open for participation from July 17, 2017 at 9:00 a.m. Eastern Time (ET) until July 31, 2017 at 5:59 p.m. (ET). Each Participant will participate in the Competition by (1) finding the 6 pieces of a picture puzzle posted by @baumeetmercier and 5 other different accounts on Instagram, (2) saving them in the correct order using the Instagram “save” feature and (3) sending a screenshot of the completed image in a direct message to @baumeetmercier (4) with an answer to the question “What life-lessons has sport taught you?” in a maximum of 350 characters and (5) confirmation of having read and accepted the Participation Rules (the “Entry”).

    2.These Rules are only available in English and are displayed at: [merci d’indiquer l’url de la page où figurent les T&Cs]. By entering the Competition, you acknowledge that your have read, understood and accept all the Official Rules. If you do not understand the Rules then you should not participate.

    3. Baume & Mercier reserves the right to cancel the Competition at any time without prior notice to Participants. Any cancelation will be posted on the Baume & Mercier website.

    Qualifying Participants

    4.  The Competition is NOT open to minors and to qualify to enter the Competition you must be of legal age in the state of your residence, but at least eighteen (18) years old at the time you enter the Competition. Baume & Mercier assumes that by entering the Competition you warrant that you have the legal capacity to enter the Competition and accept the Rules (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract). Baume & Mercier reserves the right to request proof of age and capacity.

    5. Employees and immediate family members of employees of Baume & Mercier and its associated companies, professional advisors, advertising and promotional agencies connected with the creation or administration of the Competition are not eligible to take part in the Competition. Baume & Mercier reserves the right to verify the eligibility of all Participants.

    6. There is no purchase requirement to participate in the Competition, no contract to sign with Baume & Mercier to enter and there is no charge to register for the Competition other than the usual Internet connection charges payable to your service provider and/or telephone company.

    7.By participating in the Competition you hereby warrant that all personal details you might be required to submit are true, current and complete.

    8. Participants will not post any defamatory, abusive, profane, threatening, offensive or illegal information or material and will not use the Competition in any offensive or illegal manner. Attacks against other Participants or persons or entities affiliated with Baume & Mercier will not be tolerated and will result in disqualification. "Spamming" in any form is strictly forbidden.

    9.Baume & Mercier reserves the right to disqualify any Participant if it has reasonable grounds to believe that the Participant has breached any of these Rules, has otherwise behaved in an unfair or fraudulent way, or has unduly used their influence to direct online traffic to the Competition, or has cheated and/or hacked the Competition.

    Competition – Period and Entries

    10. The Competition begins on July 17, 2017 at 9:00 a.m. Eastern Time (ET) and ends on July 31, 2017 at 5:59 p.m. (ET) (the “Competition Period”). Baume & Mercier is the official timekeeper for the Competition.

    11. Each Participant will participate in the Competition by (1) finding the 6 pieces of a picture puzzle posted by @baumeetmercier and 5 other different accounts on Instagram, (2) saving them in the correct order using the Instagram “save” feature and (3) sending a screenshot of the completed image in a direct message to @baumeetmercier (4) with an answer to the question “What life-lessons has sport taught you?” in a maximum of 350 characters and (5) confirmation of having read and accepted the Participation Rules.

    12.Each Participant must have sent a screenshot of the completed image in a direct message to @baumeetmercier with an answer to the question “What life-lessons has sport taught you?” in a maximum of 350 characters and confirmed having read and accepted the Participation Rules (and Privacy Policy) before July 31, 2017 at 5:59 p.m. (ET). Submissions after this time and date will be ignored.

    13.Tampering with the entry process or the operation of the Competition, including, but not limited to, the use of any device to automate the entry process, is prohibited and any Entries deemed by Baume & Mercier, in its sole discretion, to have been submitted in this manner will be void. Baume & Mercier shall not be responsible for incorrect or inaccurate Entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Competition or by any technical or human error which may occur in the processing of the Entries in the Competition.

    14. At the end of the Competition, the Jury composed of representatives of Baume & Mercier will meet on or around 9th of August 2017 to designate the best answer from among those submitted by the Participants having correctly completed the picture puzzle, based on the following criteria: 50% creativity and 50% relevancy to the claim of “What life-lessons has sport taught you?”. The judging panel’s decisions are final.

    15. Baume & Mercier will then contact the selected Participant by direct message on Instagram.

    16.The winner of the Competition will be announced on 21st of August 2017.

    17.Baume & Mercier cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or mail delivery, communications line failure, theft, destruction, corruption, alteration of or unauthorized access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.

    Prize

    18. The winner of the Competition will receive a Vélo Pulse Aero Track bike (the “Prize”). The Prize will be sent to the winner by Baume & Mercier via mail and/or presented at a given location to be determined by Baume & Mercier. Approximate retail value of the Prize is 1000 USD.

    19. If the winner is unable to claim his/her Prize for any reason, no compensation or substitution will be provided in lieu thereof and Baume & Mercier will have no further obligation to said winner. The Prize is personally attributed and not transferable. There is no cash alternative for the Prize. No Prize will be awarded as a result of improper actions by or on behalf of any Participant. No substitution is allowed except that Baume & Mercier may in its sole discretion substitute a prize of equal or greater value. The winner is subject to the income reporting and (if applicable) required tax payments in his or her country of residence.

    20.The winner will further be asked by DM or e-mail to provide additional contact information by e-mail and details in order to enable the delivery of the Prize. If the winner fails to reply as specified within the time stated therein or if he/she is unable to claim the Prize, then said winner will be disqualified.

    21. The winner agrees that his/her name can be used for promotional and/or marketing and/or communication purposes by Baume & Mercier including the further spread by sharing in any and all media such as, but not exclusively, digital media, Baume & Mercier websites including the Baume & Mercier YouTube Channel, and official Facebook, Twitter, Google+, Instagram, LinkedIn and Pinterest pages.

    Liability

    22. Baume & Mercier does not accept liability for any damage, loss, pain or suffering incurred by any Participant entering the Competition or receiving or using the Prize. Baume & Mercier is not responsible for any problems with local postal services or technical faults, be they in networks or telephone lines, computer systems, servers or suppliers, mobile telephones or computer equipment or software failing of any email system or entry form received due to technical problems or to congestion related to the Internet, telephone lines or any website, or any combination thereof, including any damage or prejudice to the Participant’s telephone, computer or to any other person or mobile linked with or related to participation in or downloading of material on Baume & Mercier’s internet site, be it related to the Competition or not.

    23. To the extent permissible by law, each Participant hereby agrees to indemnify and defend Baume & Mercier and its respective parent companies and affiliates from and against any and all third party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach of any of the covenants, representations, and warranties of Participant hereunder. 

    Data Protection and Publicity

    24.Baume & Mercier reserves the right to use, and the winner expressly agree that Baume & Mercier may use their names, their city, state and country of residence, voice, statement, image, likeness, and all photographs and films taken of them at any event that may be organised at the discretion of Baume & Mercier. This use may include use for advertising, publicity and promotional purposes, in any manner, in any and all media, now or hereafter developed, including but not limited to, on the Internet, such as Baume & Mercier's website, its social network pages including Facebook, Twitter, Google+, Instagram, YouTube etc., mobile applications and all advertising and publicity collateral, in perpetuity, without compensation (unless prohibited by law) or permission from, or notification to, Participant, and Participant further agrees to execute any specific consent needed or requested by Baume & Mercier or its designees in furtherance of such use.

    25.  The winner grants Baume & Mercier the non-exclusive and irrevocable right to use, disseminate and reproduce his/her Entry, picture, voice or any other attribute of his/her personality as it appears in any film, photograph etc. taken at any event that may be organised free of charge in perpetuity in any media whatsoever, at the discretion of Baume & Mercier. The winner also consents to his/her personal data including his/her picture, voice or any other attribute of their personality being transferred out of the country in which the data was originally collected.

    IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and Baume & Mercier in relation to the Competition. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto. 

    26. Other than as is required for the administration of the Competition and as stated in these Rules, any personal data provided to Baume & Mercier relating to Participants may be destroyed in the six months following the end of the Competition, in Baume & Mercier’s discretion. If you request disclosure, correction, deletion or that Baume & Mercier stop using your personal data, Baume & Mercier will deal with such requests in accordance with applicable laws and regulations. The deletion of your personal data or a request for Baume & Mercier to stop using it will result in the cancellation of your enrolment in the Competition. For any request concerning personal data and/or cancellation of registration, please contact: info@baume-et-mercier.com. Any invitation to friends to participate in the Competition made via social media platforms will also be subject to Instagram’s privacy policy: https://help.instagram.com/155833707900388.

    Applicable Law

    27. In the event of any dispute whether such dispute concerns the conduct or eligibility of Participants, results or any and all other matters relating to the Competition, Baume & Mercier's decision shall be final and no correspondence or discussion shall be entered into.

    28.For all other matters, the Competition and Official Rules shall be governed and construed in accordance with New York law. Any and all disputes, claims and causes of action arising out of or connected with this Competition or any prize awarded or not awarded shall be resolved individually, without resort to any form of class action, and shall be subject to the exclusive jurisdiction of the competent courts in New York County, New York.

    Winner’s List / Offical Rules

    29 To obtain any legally-required winners list (after the conclusion of the Competition) or a copy of these Rules, send a written request, enclosed with a self-addressed envelope with the proper postage affixed, to: Baume & Mercier NA, 645 Fifth Avenue, New York, NY 10022ch  (VT residents may omit return postage) by January 1, 2017.