BADGY 2011 Referral Program Rules

Article 1: Subject

Participants are required to use the electronic participation form located on the www.badgy.com website, accessible from the homepage of the Badgy site.

To participate in this program using the electronic participation notice, the Participant must satisfy all of the following participation conditions:

(i)    Have access to the internet, an email address and a bank account into which a transfer of funds may be made.

(ii)    Read these regulations and expressly accept their terms.

(iii)    Complete the following mandatory fields in the electronic participation notice:

Information about the Participant
a.    Name of the Business Client
b.    Last name & first name of the Participant
c.    Participant’s email address
d.    Postal address and country of the Participant
e.    Telephone number
f.    Serial N° of the Participant’s machine:
g.    Participant’s banking account information (IBAN)(scan)(outside USA, Mexico, and Canada).

Information about the Referred Party
a.    Name of the Referred Party
b.    First and last name of a contact person
c.    Email address of the contact person
d.    Country
e.    Telephone number
f.    Serial number of the Referred Party’s machine 

(iv)    Attach an IBAN (legible photo/scan)
(v)    Declare that the Business Client and the Referred Party or the contacts for the Referred Party accept that their data will be collected for the purposes of this program
(vi)    Declare that the Business Client accepts the conditions set out in Article 4: Communication.
(vii)    The Participant will also be asked whether he/she wishes to receive commercial information from Evolis by checking the appropriate box: "I agree to receive information and commercial offers from Evolis by email."

After validation of the electronic participation notice, the Participant is registered to participate in the program.

A confirmation email will then be sent to the email address provided.

Incomplete participation forms may be invalidated by Evolis. Requests for participation may not be sent by post.

The program regulations are available throughout the duration of the program on the badgy.com website which hosts the program.

Multiple Participants may participate from within a single Business Client when they use different Referred Party machine reference information. In cases where multiple Participants make a claim on a single machine acquired through referral, only the claim of the first registered Participant will be taken into account.

Article 3: Payment

Participants who meet the program criteria will receive a sum of either €50 or $50 depending on their country of origin, either by a transfer to their bank account or by receipt at their address of a prepaid payment card credited with this sum.

Participation in the program will be discontinued at midnight (local time in France), on March 31, 2012.

Bank transfers or the issuance of prepaid cards may take place until May 31, 2012.

Each Participant will be eligible to receive multiple payments, depending on the number of parties he or she refers.

Participants will be informed of their payment by email at the email address listed in their participation form. Participants will be contacted between July 1, 2011 and May 31, 2012. Payment will be made within 12 weeks after registration with the Badgy website.

For examination, any claim received in writing concerning non-receipt of monetary transfer must include the complete contact information of the person as well as the date of participation. Otherwise, the request will be rejected.
 

Article 4: Communication

Participants and their Business Clients give advance authorization to the program organizers to contact them to collect information about the Business Client, to use and disseminate this information particularly in the form of client testimony as well as publish their names and addresses and to use them in any promotional material related to the present program, without the publication of this information engendering any other rights beyond the payment assigned.

The Participant affirms that he or she has received to this effect the express agreement of the Business Client.

Article 5: Liability

Evolis will not be held liable if in the case of force majeure, or independent of the will of Evolis, the program and the present regulations need to be modified, postponed, or cancelled, or if the program needs to be shortened or halted.

In addition, Evolis reserves the right to prolong or shorten the program and/or to postpone any date announced without incurring liability and without program Participants or Business Clients being able to seek damages of any kind as a result.

Evolis will not be liable in any way to the Participants as a result of any fraud committed by a Participant. In the case of breach by a Participant, Evolis reserves the right to eliminate all rights to participation related to that Participant, without the Participant being able to make a claim of any kind and without prejudice to the rights and recourse of Evolis.

Evolis may not be held liable for any delays in delivery, loss, theft, or breakdown in or interruption of the postal services.

Evolis may not be held responsible for any damage, direct or indirect, irrespective of the cause, origin, nature or consequences, even if it had been informed of the possibility of such damage, provoked by:

(i)    a failure of the Internet network or the computer facilities (equipment and/or software and/or databases and/or data) of a Participant, of a Business Client or of any person or company linked to the organisation of the game or, more generally, any problem related to the (tele)communications networks, means and services, to computers (on or off-line), to servers, to Internet providers and/or hosts, to computer equipment, or to software, databases and data.
(ii)    access by anyone to the evolis.com website or the fact that it is impossible to access said site;
(iii)    the use of or the fact that it is impossible to use the evolis.com website, in particular, any reduction in performance or virus which may affect the computer equipment of the Participant, of a Business Client and/or Evolis or any other goods or appliances;
(iv)    the terms and conditions of use of the payment.

Article 7: Modifications to the regulations

Evolis reserves the right to modify all or part of these rules.

Any modification of the regulations will result in updates to the Badgy website and will become valid from the time of the online update, and all Participants will be understood to be in agreement with this modification by the simple fact of their continuing participation in the program, starting from the date of validity of the modification. Any Participant, who rejects the change(s), which have been made, must terminate her/his participation in the program.

Article 8: Rules compliance – exclusion

The Participants shall refrain from participating or seeking to participate in any way that is not in conformity with the principles of the program and these rules.
Evolis may declare invalid the participation by any Participant, who does not respect these rules.
Evolis reserves the right to delete any incomplete participation form or any form with obvious errors. Said cancellation may take place at any time and without prior notice.

Evolis also reserves the right to pursue anyone who attempts to defraud or to distort the proper running of the program.
Evolis reserves the right to proceed to verification of compliance of the present article as well as the entire set of regulations by requesting a proof of purchase of the Referred Party’s machine, in particular, in order to exclude any Participant who has committed any abuse whatsoever or any attempt to defraud whatsoever, without being required to carry out a systematic check of every participation.

Article 9: Industrial and Intellectual Property

The reproduction, representation or exploitation of all or any part of the elements which constitute the program is strictly prohibited. All the brand names and names of the products herein mentioned are the property of their respective titleholders.
 

Article 10: Disputes and attribution of competence

These rules and all contact and communications with regard to this program and its execution are subject to French law.
If one or more provisions of these rules were to be declared null and non-applicable, the other clauses shall remain in force and applicable.

This program is a worldwide program, relayed by the internet website, badgy.com. The site can be accessed in many countries of the world, including France. Although each of these countries may have laws which differ from French laws, the Participants accept without reservation that the very fact of participating in this game mandatorily submits them to French law and, in the event of a dispute that might arise from the fact of the program that is the object of this document, or that is directly or indirectly linked to it, the Tribunal de Commerce of Angers in France alone shall be competent.
All issues that are not foreseen under these rules will be definitively decided by Evolis whose decisions may not be appealed.