RULES OF THE “FOOTBALL TOGETHER JERSEY CONTEST”
CLAUSE 1. CONTEST ORGANISER
The “Football Together Jersey Contest” is a contest (the “Contest”) organised by the Affiliates listed in Appendix 1 (hereinafter said Affiliates will be collectively referred to as the “Organisers” and individually as an “Organiser”).
The “Football Together Jersey Contest” will be conducted online on social media from 3 January to 6 February 2022. The Contest will be promoted in the Organisers’ participating TotalEnergies service stations and on the Organisers’ websites and social networks. This Contest is being held in connection with the launch of the new TotalEnergies Football Together jersey due to take place on 3 January 2022.
The Contest is operated by the Organisers within the countries where they are respectively registered (hereinafter, collectively, the “Participating Countries” and individually the “Participating Country”, as listed in Appendix 1 to these Rules), under their sole responsibility within such country.
For the purposes of these Rules, the term “Affiliate” means, in relation to TotalEnergies SE, all companies that are directly or indirectly Controlled by TotalEnergies SE (the term “Control” means directly or indirectly holding more than 50% of the voting rights; the terms “Controlled”, “To Control” and “Controlling” are interpreted accordingly).
CLAUSE 2. PURPOSE OF THE RULES
These rules (hereinafter the “Rules”), consisting of this document and its appendices, set out the terms and conditions governing participation in the Contest and the terms and conditions governing the operation of the Contest.
Each Organiser organises the Contest in its own name and on its own behalf in the relevant Participating Country. There is no joint and several liability between the Organisers in the various Participating Countries.
Within each Participating Country, the Organiser registered in the Participating Country is solely liable to the Participants who enter the Contest in the network of TotalEnergies service stations located in the relevant Organiser’s country.
CLAUSE 3. DESCRIPTION OF THE CONTEST
Following the launch of the Football Together jersey, each Organiser will offer users of participating TotalEnergies service stations in their country of residence the opportunity to enter a photo competition.
To enter the Contest, visitors to participating TotalEnergies service stations will be invited to take a photo of themselves using a photocall dedicated to the launch of the Football Together jersey located in one of said service stations.
After taking the photo, visitors must post on either Facebook or Instagram, post with the designated Hashtags, gain up to 50 likes and follow the link – https://services.totalenergies.ng/photo-call-jersey-redemption-form to redeem your jersey.
The URL and QR code of the dedicated website will be displayed on the kakemonos that will be located next to the photocall site in the participating TotalEnergies service stations.
After accessing the dedicated website, Participants must perform two actions to register their entry:
• Complete their personal details via a form that appears when the website is opened; and
• Post the photo taken at a participating TotalEnergies service station on the website.
Participants will be asked to share their personal data in order to validate their entry.
There is no purchase obligation to enter the Contest.
CLAUSE 4. DURATION OF THE CONTEST
The Contest will begin on 3 January 2022 at 00.00 (midnight) and will end on 6 February 2022 at 11.59 p.m. (date and time in France).
CLAUSE 5. PARTICIPATION REQUIREMENTS
5.1. Participation in the Contest will be considered valid under the unreserved acceptance of these rules in their entirety, as well as the ethical rules and the statutes, regulations and other laws in force in the country in which the entry takes place. Non-compliance with the participation requirements set out in these rules will invalidate the entry in question.
5.2. Participation in the Contest is limited to individuals who meet all conditions described below at the starting date of the Contest (hereinafter the “Participant”). Participants must:
- Be of legal age.
- Reside in a Participating Country.
- Participants must have a personal email address and/or telephone number at which they can be contacted, if necessary, for the requirements of administering the Contest.
- Participants must accept the image rights rules (Clause 9) and authorise the Organiser to use their image for promotional purposes.
5.3. Employees of the Organisers, as well as persons who have participated, directly or indirectly and in any capacity, in the preparation of the Contest, in particular persons who work for the Organisers, as well as members of their families, are not eligible to participate in the Contest.
5.4. Only entries that comply with all provisions of the Rules will be accepted. Consequently, the Organisers reserve the right to make all necessary verifications of each Participant’s identity, age and contact details. Any incomplete, erroneous or falsified information, or information that does not allow the Participant to be identified or located, will result in the cancellation of his/her entry.
5.5. It is strictly forbidden for Participants to enter using more than one email address or telephone number or to enter using a contestant account opened for another person. A maximum of one entry per person is allowed (same first name and last name, same email address, same postal address). If two persons appear in the photo, each one must complete the information requested by the chatbot and post the photo to register their entry.
5.6. It is strictly prohibited to modify or attempt to modify, by any means, the Contest’s procedures, in particular in order to change the results.
CLAUSE 6. HOW TO PARTICIPATE IN THE CONTEST
Participation in the Contest is possible only via social media.
Participants must complete the following steps in order to register their entry to win:
1. Fans are to go to participating stations
2. Take pictures with the football together jersey at select Service Stations
3. Follow @TotalenergiesNigeria on facebook and @Totalenergies_ng on Instagram
4. Share pictures on all your social media handles and tag Totalenergies Nigeria social media handles, also add the hashtag #onepassiononeteamonejersey
5. Get at least 50 of your friends to like your pictures on any of your preferred social media handles
6. Fill this form and win an instant jersey if you meet the requirements.
In particular, the following non-exhaustive list of content will be rejected automatically, i.e. responses to the chatbot or any photo posted on the site that:
• is vulgar, pornographic, racist, paedophiliac or harmful to minors;
• is defamatory, insulting or slanderous to third parties, whether individuals or legal entities;
• is political in nature and/or deemed sensitive by the Organiser;
• infringes on the privacy or image rights of third parties and/or violates applicable laws; or
• is contrary to good morals and/or public policy.
Similarly, Participants undertake to comply with the intellectual property rules in force and, therefore, not to reproduce, display, distribute or modify, in any manner, any content (signs, writings, images or messages of any type) for which they have not obtained the express authorisation of the rights-holders at the time of their entry.
It is strictly prohibited to modify or to attempt to modify, by any means whatsoever, the Contest’s procedures, in particular in order to change the results or to influence by an automated or unfair means the validity of the designation of a Winner. If a Participant is found to have won in breach of these Rules or by fraudulent means, the Prize will not be awarded to him/her, without prejudice to any proceedings that may be initiated against the Participant by the Organiser or by third parties.
CLAUSE 7. REIMBURSEMENT OF CONNECTION COSTS IN RELATION TO THE CONTEST
Upon request, Participants who comply with the conditions set out in Clause 5 of the Rules may receive a refund for the following costs:
• Internet connection costs in relation to participation in the Contest;
• Postal costs in relation to the request for reimbursement of connection costs.
The Organiser will in no event reimburse any other costs, which shall be borne by the Participant.
The Organiser will accept only one reimbursement request per household (same last name, same postal address) throughout the duration of the Contest.
Requests for reimbursement must be submitted within three (3) months of entering the Contest (as evidenced by the postmark), on plain paper, and sent to the Organiser’s registered office.
Any incomplete or illegible request sent to an address other than the address specified above or sent after the expiry of a period of three (3) months from the date of entry in the Contest will be considered void and will not entitle the Participant to any reimbursement.
7.1. Internet connection costs in relation to participation in the Contest
If a Participant accesses the Contest using a modem and a telephone line billed on the basis of the duration of the call or on a per call basis, and only in such case, he/she may be reimbursed for his/her connections at a flat rate equal to the cost of a five (5) minutes local telephone call, including all taxes, from a landline at the rates in effect.
If the contract between the Participant and his/her access provider provides for flat-rate billing or a free connection, it is agreed that the Participant will not incur any specific cost to enter the Contest and, therefore, the Participant and will not be entitled to any reimbursement of connection costs by the Organisers.
Each Organiser will keep a record of the dates and times of each Participant’s connection. The Organiser reserves the right not to reimburse internet connection costs to any person who is not identified or who requests reimbursement for a connection time that exceeds the actual connection time.
The request for reimbursement must include:
- the last name, first name, postal address and email address of the Participant. This information must be identical to the Personal Information submitted by the Participant when entering the Contest;
- the dates and times of the beginning and end of the connection to the website for the purpose of entering the Contest;
- a copy of the detailed invoice of the telephone operator and/or access provider with which the participant holds a subscription, showing the dates and times of his/her connection to the website for the purpose of entering the Contest.
The name of the Participant requesting reimbursement must be the same as the name on the invoice of the telephone operator and/or access provider.
7.2. Postal costs in relation to the request for reimbursement of connection costs
The Organiser will refund the cost of the stamp used by the Participant to submit his/her request for reimbursement on the basis of the economy rate in effect.
7.3. Reimbursement procedures
Within thirty (30) days from receipt of a reimbursement request that meets the above conditions, the Organiser will reimburse the Participant these specific costs by sending him/her a cheque named after the Participant. In the event the Organiser refuses to provide a reimbursement, it will provide its reasons to the Participant.
CLAUSE 8. PRIZES – PROCEDURES FOR GRANTING PRIZES
8.1. Prizes
Each Organiser has determined the number of Winner(s) as shown in Appendix 2. Each Winner will win a Football Together Jersey (the “Prize”).
A Participant may be selected as a Winner of the Contest only once during the entire duration of the Contest and will be entitled to only one (1) Football Together Jersey.
The Prize of any Winner may under no circumstances be returned or exchanged for its cash value or for any other prize.
8.2. Designation of the Winners
At the conclusion of the Contest, a draw will be held in the presence of a bailiff to select the winner(s) (“Winner(s)”) in each Participating Country.
In order to verify the accuracy of the information of the Participant drawn in each Participating Country, each Organiser may contact the Participant drawn, by telephone or email, within seven (7) days from the end of the Contest.
For the avoidance of doubt, it is hereby specified that Participants who have not been selected will not be contacted.
8.3. Terms of issuance and use of the Prize
8.3.1 Terms of issuance and use of the Prize
The Organiser will inform the Winner of the draw, by email, to collect the Football Together Jersey at the Organiser’s head office at the address provided in Appendix 1.
The Winner must show the email received at the reception desk of the Organiser’s head office in order to collect the Prize.
8.3.2 Additional information on use of the Prize
No Winner shall in any manner dispute any Prize awarded.
The Organiser will not provide any cash refund for any Prize, make any exchange or remit the equivalent value thereof, in whole or in part, in kind or in cash.
In the event the Winner returns the Prize to the Organiser for any reason, the Winner will automatically forfeit the Prize, in which case the Organiser will not incur any liability. The Organiser will become the owner of the prize and may dispose of it without restriction.
CLAUSE 9. ADVERTISING, PROMOTION OF WINNERS AND PARTICIPANTS’ IMAGE RIGHTS
Solely by virtue of accepting these rules and entering the Contest, unless he/she expressly objects, the Participant authorises the Organiser of the country in which he/she participates to use his/her photo taken in the participating TotalEnergies service station, his/her first and last names, as well as, potentially, his/her city of residence, on any medium, in particular any electronic medium, for the purpose of any advertising or promotional event in connection with the Contest, in Africa, from the announcement of his/her participation until the expiry of a period of one (1) year from such date, without conferring on him/her any right to remuneration or any other benefit other than being awarded the Prize.
Participation in the Game implies the use of the Participant's image under the following conditions:
- The Participant expressly agrees that the Organiser may reproduce, have reproduced, display, have displayed and adapt his/her image provided to the Organiser in connection with the Contest, on the following media of the Organiser: Facebook page, Instagram page, Twitter account, newsletter issued by the Organiser, the Organiser’s website, as well as on the internal communication media used by the Organiser (intranet, newsletter, in-house magazine)
- This authorisation is granted, free of charge, for a period of one (1) year from the launch of the Contest.
If the photograph depicts other persons, the Participant warrants that he/she has obtained the authorisation of this/these person(s) allowing the Organiser to use this photograph in connection with the Contest. The Organiser reserves the right to carry out any verifications it deems necessary. Otherwise, the Participant’s entry will be cancelled.
If the Winner does not wish his/her image to be used, he/she must state this in a letter sent to the following address:
[email protected]
The Contest is neither organised, sponsored or administered by Facebook, Instagram nor Twitter. The Organiser represents to the Participants that Facebook, Instagram and Twitter are released from any liability with respect to the organisation or operation of the Contest.
CLAUSE 10. ACCESS TO THE RULES
The Rules can be viewed, downloaded and printed from the Contest website throughout the duration of the Contest.
A copy of the Rules will also be sent, by post, to any person who sends a written request or on ordinary paper to the registered office of the Organiser in his/her country of residence, and legally provides his/her full contact details (first and last name, postal address), no later than ten (10) business days before the end date of the Contest (as evidenced by the postmark).
In any event, any incomplete or illegible request, any request sent to an address other than the address specified above or any request sent after the expiry of the above deadline (as evidenced by the postmark) will be deemed void.
In the event the Contest is extended or postponed, the deadline for submitting requests for the Rules will be adapted accordingly.
CLAUSE 11. CHANGES, SUSPENSION OR CANCELLATION
The Organiser shall not be liable if, due to a force majeure event or events beyond its control, the Contest is cancelled, postponed, suspended, modified or shortened. In any event, the Organiser reserves the right to extend the participation period, and to postpone any date and/or time announced. The Organiser reserves the right to make changes to the Rules during the period of the Contest. Any changes will be reflected in an amendment to the Rules published on the Contest website and, if required by the applicable law in the Participating Country, filed with a bailiff, whose name is provided in Appendix 3. Amendments will take effect upon publication.
Participants will be deemed to have accepted such changes simply by participating in the Contest after the date on which the change takes effect, and they expressly waive the right to make any claim or challenge with respect to any change the Organiser makes to the Rules.
The Organiser may cancel all or any part of the Contest if it appears that fraud has occurred in any manner in connection with the participation in the Contest. In such case, the Organiser reserves itself the right not to award the Prize to the fraudsters, to recover the Prize if the fraud is discovered after it has been awarded and/or to prosecute the authors and/or accomplices of theses frauds before the competent courts.
CLAUSE 12. USE OF PARTICIPANTS’ PERSONAL DATA
12.1. Data collection
Information about Participants will be processed by the relevant Organiser in connection with their entry in the Contest.
Personal data collected during registration for the Contest (hereinafter “Personal Data”) will be processed for the purposes of conducting the Contest and ranking Participants.
The Organiser will also process Personal Data for sales prospecting purposes (sending communications or sales offers), subject to Participants’ consent. Each Participant may withdraw his/her consent to receive such communications and sales offers at any time using the methods described in each message. The Organiser will collect and process Personal Data in accordance with the laws of the country where it is registered.
12.2. Data recipients
The Organiser may disclose Personal Data collected from Participants to certain departments of the Organiser, as well as to IT service providers and subcontractors acting on behalf of the Organiser, solely for the performance of their tasks carried out for the purposes of the organisation and proper operation of the Contest.
The Organiser may transmit the Personal Data collected in the event a request is received from a judicial authority or any administrative authority authorised by law requesting the production of such Personal Data, in accordance with the statutes and regulations in force in the country where the form was submitted.
12.3. Data transfers
Any transfer of Personal Data to a third country outside the European Economic Area will be carried out in accordance with applicable laws and in a manner that ensures adequate data protection.
Binding Corporate Rules (BCR) have been adopted to ensure adequate protection of Personal Data that originates in the European Economic Area and that may be transferred to TotalEnergies Company entities established outside the European Economic Area.
For transfers of Personal Data that are not covered by the BCR and are made to countries outside the European Economic Area, other measures are put in place to ensure adequate protection of Personal Data. For information on the other measures put in place to ensure adequate protection, please write to the contact address provided below.
12.4. Security and confidentiality of Personal Data
The Organiser has implemented appropriate measures to ensure the security and confidentiality of Personal Data and, in particular, to prevent Personal Data from being altered or damaged and to prevent access thereto by unauthorised third parties, in compliance with applicable statutes and regulations.
12.5. Retention of Personal Data
The relevant Organiser will keep the Personal Data for the period of time necessary for the purpose of processing operations, which will not exceed two (2) years.
Personal Data will be kept in France.
12.6. Rights of Participants
Participants are entitled to access, rectify and request the deletion of their Personal Data, and may also request the limitation of processing. Participants also have a right to data portability and may object to processing, including for sales prospecting purposes. Participants may also withdraw their consent at any time if processing is carried out on this legal basis.
To exercise their rights and or request information about the processing of their Personal Data, Participants may submit a request to the address provided in the personal data policy on the Organiser’s Site.
If after having contacted the Organiser Participants believe that their rights have not been respected, they may submit a complaint to the competent supervisory authority.
In addition, Participants may provide specific instructions about the retention, deletion and disclosure of their personal data after their death.
CLAUSE 13. INTELLECTUAL PROPERTY - IMAGE RIGHTS
13.1. All names or trademarks referred to in these Rules, as well as in any communication materials relating to the Contest, are the sole property of the parties that create or register them.
13.2. The images and videos used, the objects represented, the trademarks and trade names mentioned, the graphic and computer elements, and the databases are the sole property of the respective owners thereof and shall not be extracted, reproduced or used without their written authorization. Violators are subject to civil and/or criminal prosecution.
13.3. The reproduction, display or use of the communication elements, in whole or in part, by the Participants without the Organiser’s prior authorisation is strictly prohibited.
13.4. Any resemblance of the characters or elements of the Contest to other fictional characters or other elements already in existence is purely fortuitous and will not cause the Organiser or its service providers to incur liability.
13.5. From the beginning of the Contest on 3 January 2022 at 00.00 (midnight) to the end of the Contest on 6 February 2022 at 23.59, the Organiser shall be entitled to make a video recording that includes the Winner’s image.
13.6. By confirming his/her participation, the Participant guarantees to have obtained the prior authorization of any other person appearing in the photograph in order to allow the Organizer to use this photograph.
CLAUSE 14. LIABILITY
14.1. The Organiser shall not be liable for any damage of any type (personal damage, physical injury, property damage, financial loss, etc.) caused by entry in the Contest. The Participant’s entry in the Contest implies acceptance of this condition. No claim will be accepted on these grounds.
14.2. The Organiser may cancel all or any part of the Contest if it appears that fraudulent actions have occurred in any manner. In such case, the Organiser reserves the right not to award the prize to the fraudsters and/or to initiate legal action against the perpetrators of such frauds before the competent courts.
14.3. The Organiser will use its best endeavours to enable access at all times to the participating service stations of the TotalEnergies network in its country, but shall have no obligation to succeed in doing so. The Organiser may interrupt the Contest at any time, in particular for technical reasons or to perform updating or maintenance. The Organiser shall in no event be liable for such interruptions and the consequences thereof.
14.4. The Organiser shall in no event be liable if the Personal Data relating to a Participant’s registration do not reach it for any reason for which it is not responsible, including, but not limited to, if the information on the chatbot form it receives is illegible.
14.5. The Organiser’s liability is strictly limited to issuing a Prize that has been actually and validly won.
14.6. Participants are expressly reminded that the internet is not a secure network. Therefore, all Participants who participate in the Contest will be deemed to be aware of and to accept the characteristics and limits of the internet, particularly with regard to technical performance, response times for viewing, querying or transferring information, the risks of interruption and, more generally, the risks inherent in any connection and transmission on the internet in general, the lack of protection of certain data against possible misappropriation, and the risks of contamination by viruses on the internet.
14.7. Consequently, the Organiser shall not be liable in the event of contamination by viruses or the intrusion of any third party into Contest Participants’ terminal or system and declines all liability for the consequences of Participants’ connection to the network.
14.8. In particular, the Organiser shall not be liable for any damage caused to Participants, their IT equipment or the data stored therein, or for the consequences this may have on their personal or business activities. Each Participant is responsible for taking all appropriate measures to protect their own data and/or software on their IT equipment against any attack. Any person who connects to his/her account with a social network and participates in the Contest does so under his/her sole responsibility.
14.9. The Organiser may cancel all or any part of the Contest if it appears that fraud has occurred in any manner, in particular by IT means, in connection with participation in the Contest or the selection of the Winner. In such case, the Organiser reserves the right not to award the Prizes to the fraudsters and/or to initiate legal action against the perpetrators of such frauds before the competent courts.
14.10. The Organiser may interrupt the Contest at any time, in particular for technical reasons or to perform updating or maintenance. The Organiser shall in no event be liable for such interruptions and the consequences thereof.
14.11. The Organiser declines all liability for any incidents or accidents that may occur to the Winner during the use and/or enjoyment of his/her Prize.
CLAUSE 15. EXCLUSION RIGHT
The Organiser may, automatically and without prior notice, exclude any Participant who does not comply with the Rules, as well as cancel outright any winnings to which said Participant may be entitled.
Furthermore, the Organiser may, automatically and without prior notice, delete and cancel any entry to the Contest that contains obvious errors concerning the identity and age of a Participant.
The Participant also acknowledges the Organiser’s right to cancel any win caused by a technical malfunction of the site. Such cancellation may occur at any time without prior notice.
The Participant also acknowledges the Organiser’s right to delete and cancel the entry to the Contest of any Participant who has created or used a method aimed at winning the prize in an unfair and/or unusual manner. Such cancellation may occur at any time and without prior notice. No claim will be accepted on these grounds.
CLAUSE 16. EVIDENTIARY AGREEMENT
It is agreed that, except in the event of manifest error, the Organiser may assert, in particular for purposes of proof, any act, fact or omission, or any program, data, file, recording, operation or other element (such as follow-up or other reports), of any type, including in computer or electronic formats or media, established, collected or stored directly or indirectly by it, in particular in its information systems.
Therefore, such elements will constitute proof and, if they are produced as evidence by the Organiser in any litigation or other proceedings, they will be admissible, valid and enforceable between the parties in the same manner, under the same conditions and with the same probative force as any document that may be established, collected or stored in writing.
CLAUSE 17. COMPLAINTS
Any complaint concerning the application or interpretation of the Rules must be submitted in writing to the following email address: [email protected].
However, the Organiser reserves the right not to respond to any complaints that it deems inappropriate.
CLAUSE 18. ETHICS
18.1. The Organiser reiterates its commitment to comply with the rules in the fight against corruption, fraud and violations of the competition laws and expects each Participant to respect this same commitment.
18.2. Furthermore, each Participant shall report any potential conflict of interest that may arise during his/her participation in the Contest, in particular due to the existence of any family, business or other relationship that may create suspicion regarding his/her participation.
CLAUSE 19. INDEPENDENT PARTIES
Registration and participation in the Contest in no event create a relationship of subordination between the Organiser and the Participant.
CLAUSE 20. GOVERNING LAW – JURISDICTION
20.1. These Rules are governed exclusively by the law of the country where the Organiser is registered, to the exclusion of its conflict of laws principles.
20.2. Any dispute that may arise in connection with the Contest shall be submitted to the competent courts, in view of the nature of the dispute, in the city where the Organiser is registered, as specified in Appendix 1.
CLAUSE 21. ENTIRE DOCUMENT - INVALIDITY
In the event any provision of these Rules is invalidated due to a change in the statutes or regulations or due to a court decision, the validity of, and the obligation to comply with, the other provisions of the Rules will in no way be impacted thereby.
CLAUSE 22. FILING OF THE RULES
If required by the applicable law in the Participating Country, these Rules will be filed with the bailiffs listed in Appendix 3 to these Rules and may be sent, free of charge, to any person who submits a request therefor to the address of the Organiser’s registered office in the Participating Country indicated in Appendix 1 to these Rules.
Upon request, postage in connection with written requests for a copy of the Rules will be reimbursed at the economy rate.
APPENDIX 1 – LIST OF ORGANISERS
• TotalEnergies XXX, xxx, whose registered office is located at xxx, registered in xxx under number xxx,
APPENDIX 2 – DETAILS ON THE NUMBER OF WINNERS PER PARTICIPATING COUNTRY
PARTICIPATING COUNTRY DETAILS OF PRIZES
COUNTRY XX Winner(s)
APPENDIX 3 – FILING OF THE RULES, IF APPLICABLE
PARTICIPATING COUNTRY RULES FILED WITH
COUNTRY Mr/Ms XXX, Bailiff in XXX, whose office is located in XXX
COUNTRY Not required by applicable law