Filed at the Offices of Attorney David ORIOT, an associate bailiff of SCP H8, Office de VICHY, 11 Place de l’Hotel de Ville 03200 Vichy
BDcraft LLC, registered in the Trade and Companies’ Register under number 793 745 415, with its registered office located at 03200 VICHY 150 Rue Jean Jaures will organize a contest taking place entirely online from 01 December 2020 to 30 November 2021, at the rate of one session per month, with the first session starting on 01 December 2020 and ending on 31 December 2020, and so on until the last session beginning on 01 November 2021 and ending on 30 November 2021.
The contest is called: BDcraft Giveaway
The contest can be accessed online at the Applicant’s website, namely:
All trademarks, logos and other distinctive signs reproduced on the site, as well as on sites accessible therein through hypertext links are the exclusive property of their owners and are protected as such by the provisions of the Intellectual Property Code. Any unauthorized reproduction of its brands, logos, and signs constitutes forgery subject to criminal penalties.
All software used on the site and on those to which it is linked, as well as the texts, comments, illustrations, or images reproduced on the sites to which it is linked are subject to copyright and their unauthorized reproduction constitutes forgery subject to criminal penalties.
These regulations define the legal rules applicable to this contest.
This free contest, which does not entail any purchase obligation, is open to any adult resident in France (including overseas France) and abroad, with the exclusion of staff members of the organizing company as well as their families, including cohabiting partners, and in general companies directly or indirectly participating in the implementation of this contest.
To participate in the random draw, participants must be Active Supporters in the applicant’s platform.
The status of Active Supporter is given to users of the site who have decided to subscribe to this status in exchange for a financial contribution and therefore, as a result of this subscription, to benefit from the absence of any advertising on the site when browsing and downloading content, to access direct downloads without waiting times, to receive a promotional code on a game server, to get a special “role” on Discord and a special “badge” on the official forum, and to be guaranteed a download speed up to ten times faster than normal.
Participation in this contest held by the organizing company is exclusively electronic, individual, and carried out on the website.
Each participant must play in person and is therefore prohibited from resorting, directly or indirectly, to any method of inquiry or automated requests of the site.
The player certifies that the data entered in the registration form is correct. Any false, incorrect, and/or incomplete declarations automatically result in cancellation of the participant. Once registered, the player will be able to modify some of his or her personal information.
Players are informed that the data provided in the registration form is necessary for their participation to be taken into account and for prizes to be awarded. Players are thus encouraged to ensure that all of their information is valid.
In any event, in order to validly participate in the contest, players must strictly comply with the registration conditions, as defined, on the online services of the organizing company and on those of its partners, as well as any other instructions communicated to it by any other means.
Each participant can only participate once in each session for the duration of the contest and for the period specified in Article 1.
Each person wishing to play must comply with the instructions provided on the site. Any players who have created several email addresses with the same address and the same name will be disqualified and unable to claim any prizes they would have won. Registrations (including email and postal address) which are incomplete, falsified, or made in violation of these regulations will result in the disqualification of the player. Likewise, registrations with disposable emails are strictly prohibited.
The organizing company reserves the right to carry out any verifications for the application of this article.
The random drawing to pick the winner(s) will be carried out among the participants, no later than 30 calendar days of the end of the contest by the organizer thereof, using a computerized system to conduct the random drawing. However, the date of the draw may be postponed.
The winners authorize the organizing company to publish their names online. The names of the winners may be shown on the website. There will only be one winner per household, with a household being defined as all the people living under the same roof.
Any prize returned to the organizer of the contest by mail or through the service provider in charge of transport, for any reason whatsoever (for example, if he or she no longer lives at the indicated address) will be considered as abandoned by the winner.
Any prize not claimed within one month after the date of the draw will be considered abandoned by the winner(s).
The player authorizes the organizing company to use his or her full name, photos, and an indication of his or her city and department of residence in any advertising or promotional activities, on the organizing company’s online services and/or those of its partners, and on any affiliated online services or support, without this resulting in any rights or remuneration due other than the prize won. Winners will be informed of the prize they have won directly by the organizer of the contest and/or by the Bailiff, by telephone, by mail, and/or by email. Participants are identified by the contact information that they provide when registering. In the event of a dispute, only the listings of participants from the organizing company will apply.
The following prize(s) will be awarded in accordance with the terms indicated above:
The winner must use the serial number of the contest won on the correct gaming platform in order to download and install the game on their computer or game console, with the organizer not being held liable with regard to any damages caused to a person or computer equipment following the installation and/or use of the games or gaming platform necessary for the proper functioning of the gifts offered during the BDcraft Giveaway.
The organizer certifies that the keys or serial numbers won during a BDcraft Giveaway are valid and functional on the appropriate gaming platform. If a key does not work, then the winner should contact BDcraft support on Discord, on the forum, or by email.
The winner must claim the prize prior to the drawing for the following session.
The prize is offered to a single person and cannot be transferred to anyone else. In the event that the winner does not wish or is unable, for any reason, to benefit from all or part of the prize he or she has one, under the conditions described in these regulations: He/she completely loses the prize and cannot claim any compensation or financial consideration. The prize will not be returned to the contest and the organizer may dispose of it freely.
Prizes, of any sort, which are not claimed in the context of this operation will not be returned to the contest. Winners who have not claimed their prizes within the established time limits will be deemed to have definitively abandoned them.
The winners of the contest hereby authorize any verification of their identity and address. Any indication of a false identity or address will result in its elimination. Furthermore, the organizing company reserves the right, by any means, to legally pursue any attempts to circumvent these regulations, especially in the form of false declarations.
All additional details and practical information for the delivery of the prize will be provided by the winner at an appropriate time.
The prizes offered do not entitle winners to disputes of any kind, nor the delivery of their counter value in any form whatsoever, nor their replacement or exchange for any reason whatsoever.
In the event of force majeure, or if the circumstances so require, the organizing company reserves the right to replace the prizes won with prizes of equivalent or greater value.
Notwithstanding any legal action and its option to terminate the participant’s registration, the organizing company is not required to send any prize or winnings to the beneficiary participant if the latter has not correctly entered his or her contact details during registration, has clearly and by any means succeeded in skewing the outcome of a contest, or has failed to comply with these regulations.
The organizing company cannot be held liable for any delay in sending the prizes when such delays are not attributable to it, but are instead the fault of the service provider used for deliveries. It will not incur any contractual or legal liability for operations relating to the transport of the awarded prizes.
Likewise, the organizing company cannot be held responsible if the prizes are damaged due to transport operations. It denies all responsibility for the quality and/or condition of the prize upon delivery.
The information provided by participants may be used for computerized processing.
The participants authorize the organizer of the contest to disseminate their full name and city of residence purely for IT purposes, having previously obtained the winner’s consent to the provisions of this article, and all in accordance with the legislation in force.
In all cases, it should be noted that in accordance with the law, participants have the right to access and rectify any data concerning them which is held by the contest organizer.
Participants may request not to appear or to be removed from the file at any time, and they are granted the right to access, rectify, and delete any data concerning them upon a simple request sent to the contest address in accordance with the data protection law of 06 January 1978, as amended by Law No. 2004-801 of 06 August 2004 on the protection of natural persons with regard to the processing of their personal data, as well as Decree No. 2005-1309 of 20 October 2005.
Therefore, in accordance with Law No. 78-17 of 06 January 1978 regarding personal data protection, you have the right to oppose (Article 26 of the Law), to access (Articles 34 to 38 of the Law), and to rectify and delete (Article 36 of the Law) any data concerning you.
Consequently, you may request for any information concerning you which is inaccurate, incomplete, equivalent, questionable, or out of date to be rectified by contacting the contest organizer.
Any reimbursement of connection costs will be made within the limit of 2 minutes of communication at the local rate, as defined by France Télécom.
Only those who use an account debited during the connection time will be reimbursed.
The request must be made in writing to the postal address of the organizing company.
The reimbursement will be made on condition that the participants clearly indicate their full name, address, and the contest in question, as well as a photocopy of the detailed telephone bill indicating the date and time of participation and the cost of the communication.
Participants who do not pay costs related to the volume of their communication (holders of a flat-rate subscription, users of cyber cables, etc.) will not be able to receive any reimbursement for participation in the contest, as in this case it would have no effect on their bill.
No requests for reimbursement of the connection costs will be honoured if the conditions indicated above have not been met, and no requests can be made by telephone.
Requests for reimbursement of connection costs will be honoured within 4 weeks of receipt of the written request.
This reimbursement is limited to one per household (same name, same address).
Any postage costs incurred for sending the payment request will be reimbursed in kind in the form of a postage stamp at the Ecopli rate in effect.
The request must be made in writing to the postal address of the organizing company, and it must include all contact information (full name, address, postal code, city).
No reimbursement requests for stamps will be honoured if the conditions above have not been met, and no requests can be made by telephone.
Reimbursement requests for stamps will be honoured within 4 weeks of receipt of the written request
Reimbursement for postage costs incurred for sending the payment claim is limited to one per household (same name, same address).
Participation in the contest online implies knowledge and acceptance of the characteristics and limits of the technologies used by the Internet and any related technologies, in particular with regard to technical performance, response times for checks, queries or transfers of information, the risks of interruption, and, more generally, the risks inherent in any connection and transmission operation, the lack of protection of certain data against potential misuse, and the risk of contamination by viruses that may be circulating on the network.
It is expressly noted that the internet is not a secure network.
The organizing company specifies that the use of hypertext links may take participant to other websites, unrelated to the organizing company. In this case, the organizing company cannot assume responsibility for the activities of third-party sites.
Unless expressly agreed beforehand, no participant is authorized to create a hypertext link between the site and another website, and will be held liable if doing so.
The organizing company cannot be held responsible for the malfunction of the site(s) and/or the contest for a given browser.
The organizing company does not guarantee that the sites and/or the contest will operate without interruption, nor that it does not contain any IT errors whatsoever or that any observed faults will be corrected. In the event of a technical malfunction of the contest, the organizing company reserves the right, if necessary, to invalidate and/or cancel the session during which the malfunction occurred. No claims will be accepted as a result of this.
The organizing company cannot be held responsible if the data relating to the registration of a participant fails to reach it for any reason for which it cannot be held responsible (for example, a problem with the internet connection due to any reason attributable to the user, a momentary failure of our servers for any reason, etc.).
The organizing company cannot be held responsible for any shortcomings in the live dialogue tool.
This tool does not determine the proper functioning of the contest and any malfunction is not likely to impair the player in any way.
Any information provided by the winner, including the winner’s contact information, will be considered void and will not be taken into consideration if such information is inaccurate.
The organizing company cannot be held responsible for any damages of any kind personal, physical, material, financial or other) occurring during the participation of a player in the contest.
The company will not be held liable:
Therefore, under no circumstances will the contest organizer be held liable for the following non-exhaustive list:
It is specified that the contest organizer cannot be held responsible for any direct or indirect damages resulting from any interruption, malfunctions of any kind, the suspension or termination of the game for any reason whatsoever, or for any direct or indirect damages resulting, in any way, from connecting to the website.
It is up to all players to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
The connection of any person to the site and the participation of players in the game are done under their full responsibility.
The organizing company cannot be held liable if any events of force majeure beyond its control cause the contest to be modified, shortened, or cancelled.
In any case, it reserves the right to extend the period of participation.
Additions or, in the case of force majeure, changes to these regulations may occur during the course of the contest.
They will be considered as annexes to these regulations and will be filed at the bailiff’s office.
It is agreed that the contest organizer, in particular for the purpose of proving any acts or omissions, may avail itself of any programs, data, files, records, operations, and other items (such as monitoring reports or other statements) in computer or electronic formats or media which are created, received, or kept directly or indirectly by the organizer, in particular in its information systems, in connection with the use of its website.
The players undertake not to contest the admissibility, validity, or probative value of the items in the aforementioned computer or electronic formats or media, on the basis of any legal provision whatsoever and which would specify that certain documents must be written or signed by the Parties in order to constitute proof.
Thus, the considered items constitute evidence and, if they are produced as evidence by the contest organizer in any other litigation proceedings, they will be deemed admissible, valid, and enforceable between the Parties in the same manner, under the same conditions, and with the same probative force as any document created, received, or kept in writing.
Finally, it is expressly agreed that French law will apply.
The organizing company reserves the right to exclude from participation any person disturbing the progress of the contest.
The organizing company reserves the right to use any recourse and in particular to legally pursue any person guilty of cheating, fraudulent conduct, rigging, or otherwise disturbing the operations described in these regulations, or who has attempted to do so.
Any contest participants who are considered by the organizing company to have disturbed the game in any of the aforementioned ways will automatically be stripped of any right to obtain a winning prize, and no complaints will be accepted as a result.
The organizing company reserves the right, in particular in the event of an overriding reason, to shorten, extend, or cancel this contest and/or session, in whole or in part, if the circumstances so require. It cannot be held liable in such cases.
These changes may, however, be subject of prior notification by all appropriate means, in particular via the organizing company’s website.
The organizing company reserves the right to temporarily suspend the possibility of participating in the contest if it, or the provider of hosting services, can no longer ensure the continuity of the service necessary for contest to continue. In the case of force majeure, a fortuitous event, or exceptional circumstances (fire, floods, natural disasters, intrusions, malicious attacks on the computer system, strikes, questions or concerns regarding the financial and technical balance of the game, breakdowns and blockage of telecommunications networks, damage caused by viruses which cannot be eradicated using existing security means on the market, legal or regulatory or public order obligations imposed by the competent authorities and which would substantially modify these contest regulations, or any other event of force majeure or fortuitous event as defined by Article 1148 of the Civil Code, including those arising under its own responsibility (subject to good faith), the organizing company may cancel the contest in whole or in part.
These contest regulations will be cancelled in the event of force majeure, without participants or winners being entitled to claim any compensation in this regard.
Participants agree to comply with all the laws and regulations in force concerning the prohibition of the dissemination of pornographic, paedophilic, violent, or obscene content, or content which may seriously violate human dignity. Participants are also prohibited from disseminating any messages intended to promote a good or a service. As such, the participants recognize that the organizing company can remove any clearly illegal content.
This excludes, in particular, any messages or photos which may incite or encourage the execution of crimes or offences, discrimination, hatred, or violence related to ethnicity or nation of origin, sympathizing with Nazism, disputing the existence of crimes against humanity, infringing on the authority of the legal system, defamation and insults, invasion of private life, and/or prohibited books, messages which are defamatory, rude, abusive, violent, or contrary to the laws in force, messages pertaining to tobacco and alcohol, messages containing personal contact details and information allowing facilitating geographical location (telephone number, postal address, etc.), messages encouraging the consumption of prohibited substances or suicide, messages allowing third parties to directly or indirectly obtain pirated software, software serial numbers, software allowing acts of pirating and hacking into computer and telecommunications systems, viruses and other logic bombs, and in general any tool, software, or other messages that result in violations of the rights of others or the security of persons or property, in violation of the private nature of the correspondences in question.
The contest, regulations, and their interpretation are subject to French law.
Any dispute or claim regarding this contest will only be taken into account if sent before 30 November 2021, with the postmark serving as proof.
Disputes or claims must be submitted in the form of a simple letter addressed to the contest organizer, whose contact details appear in Article 1 of these regulations.
This letter must indicate the precise date of participation in the contest, the player’s full contact information, and the exact reason for the dispute. No other methods for submitting claims or disputes will be accepted.
The organizing company will have the sole authority when it comes to settling any questions concerning the application or interpretation of these regulations or in the event of any gaps herein during the course of the contest.
Participation in the contest implies full acceptance of these regulations.
Any practical difficulties in interpreting or applying these regulations will be settled solely by the organizer.
No telephone or written requests will be answered concerning the interpretation or application of these regulations, the mechanisms or the procedures of the contest, or the designation of the winner.
These regulations can be obtained free of charge from the organizing company upon request. They can also be obtained on request from the bailiff holding these regulations on file.
These regulations are filed at the offices of Attorney David ORIOT, an associate bailiff of SCP H8, Office de Vichy, 11 Place de l’Hotel de Ville, 03200 Vichy, who has submitted the respective Minutes and will remain attached to the original.