Terms and conditions for the Scouting's Sunrise - Pikeo Photo Competition

Warning: This is a translation of the French terms and conditions. Only the French version of this document is legally binding.

1. Presentation of the Organiser

France Telecom, a Public Limited Company with 10,426,692,520 euros capital, Paris Commercial Register N° 380 129 866, with its registered office at 6 place d'Alleray 75015 Paris (hereinafter called "the Organiser"), is organising a free competition, with no obligation to buy, entitled "Scouting'Sunrise - Pikeo Photo Competition" (hereinafter called the "Competition" or "Scouting's Sunrise - Pikeo photo competiton", solely accessible via the Internet network on the Internet address http://www.pikeo.com.

2. Competition Timeframe and Participation Entitlement

The "Scouting's Sunrise - pikeo photo competition" will start on 31 July 2007 at 12 pm and end on 30 Sept 2007 at 11.59pm.

The Organiser reserves the right to postpone, modify, cancel or renew the Competition if circumstances demand. In any event, its liability cannot be brought to bear in this respect.

The Competition is open in any country to members and any new members of the Pikeo service taking part to the "Scouting's Sunrise" event, hereinafter called the "Participant". Participants under 18 years old declare and acknowledge to have the permission to participate under the parental responsability of an incumbent.

This excludes people who directly took part in the direct or indirect preparation of the Competition and their families, permanent or occasional members of the France Telecom Group and WOSM, and their families (same name, same postal address) and members of staff of Etude PIQUET MOLITOR, Official Bailiffs.

3. Principles of the Orange "Scouting's Sunrise" Photo Competition - Pikeo

3.1 Summary

A) Participating Pikeo members propose their digital photos of the Scouting'Sunrise, associating with them the tag (keyword) "competition". Participants who are not yet members of Pikeo can become members free of charge in order to be able to take part in the Competition.

B) A panel of judges will select the best 3 photos from all those sent in and thus choose 3 winners in each of the two categories: <18 years old and >18 yearsold. The panel of judges will select a total of 6 winners.

3.2 Details

A)

Participants (members and new members of Pikeo) will deposit their "Scouting's Sunrise" photos (in JPEG format) on the Pikeo service between 31 July at 12pm and 30 September 2007 at 23.59pm inclusive; to register their photos for the competition, they will add the tag "competition".

To be considered a Participant, an Internaut must have:

- Set up a Pikeo user account on the address http://www.pikeo.com with a valid email address, filled his date of birth in his user profil, and an identifier in compliance with Article 4. No date of birth filled will avoid the participation.

There may only be one Pikeo user account per Internaut. The setup of an additional account will void participation.

- Integrated at least one digital photo into this account (in JPEG format), taken by the participant himself/herself or for which he or she has full authority to use for this purpose, with the tag (keyword) " "competition". To be valid, the photo must remain accessible by the public until the end of the competition. Any modification to the photo access right will invalidate the photo.

Participants may import as many photos as they wish into their Pikeo space, up to a limit of 1Gb, but cannot submit more than 5 photos with the tag "competition".

Presentation of more than 5 photos with the tag "competition" will avoid participation.

B)

Between 1st and 7th of october 2007, a panel of judges consisting of 5 members of the Organiser company and WOSM (World Organization of the Scout Movement) will select the best photos by every Participant in each category from all the photos meeting participation criteria and respecting public order as specified in Article 4, based on criteria of originality, quality and consistency with the "Scouting's Sunrise" theme.

Still based on the same criteria of originality, quality and consistency with the "Scouting's Sunrise" theme, the following will be selected from these best photos in each of the two categories:

1 The best photo for Prize 1;
2. The second-best photo for Prize 2;
3. The third-best photo for Prize 3.

The panel's choice is final. No questions will be answered on the roll-out of the competition and selections made by the Organiser.

Participants encountering technical difficulties can contact the support service by email on the following address: support@pikeo.com .

4. Terms and Conditions of Participation

Participation in the Scouting's Sunrise - pikeo photo competition is free with no obligation to buy.

To take part in the Competition, Participants must have sent at least one photo to the site www.pikeo.com between 31 July at 12pm and 30 September 2007 at 11.59pm and have associated with it the tag "competition".

The Pikeo user account created by the Participant should contain a maximum of 5 photos associated with the tag (keyword) "competition". Nonetheless, the Participant is entitled to put other photos on his or her Pikeo account on the same theme with other tags (keywords). However, the originators of these photos cannot take part in the competition in this respect.

The Participant will not choose an identifier and insert into his or her account photos reproducing:

- messages contrary to good morality or public order (notably messages that are abusive, defamatory or racist, messages of a violent or pornographic nature, messages which, by their nature, infringe respect for human beings and their dignity, equality between men and women or the protection of children and adolescents, messages that encourage crimes and/or offences to be committed or urge the consumption of prohibited substances or messages inciting discrimination, hatred or violence).

- messages that infringe or are liable to infringe the rights of third parties and, in particular, their intellectual property rights.

Moreover, the Participant declares that he or she holds all the rights relative to the photos onlined and, in this respect, guarantees the Organiser against any action brought by third parties.

Participation in the Competition involves unreserved acceptance of these regulations in their entirety, the rules of ethics currently in force on the Internet, as well as laws and regulations applicable to competitions currently in force in France.

5. Prizes

5.1 Prizes to be awarded

3 prizes will be awarded for the competition for a total value of 1640.00 euros, inclusive of VAT.

Adult (<18 years old ) category

- 1st prize: a digital reflex camera Nikon D40, with a value of 530€, inclusive of VAT

- 2nd prize: portable GPS Magellan eXplorist 500, with a value of 390.00 euros, inclusive of VAT

- 3rd prize: a digital camera Sony Cybershot DSC-W55, with a value of 180.00 euros, inclusive of VAT

Adult (<18 years old ) category

- 1st prize: a digital bridge camera Kodak EasyShare Z712IS, with a value of 260€, inclusive of VAT

- 2nd prize: a digital camera Sony Cybershot DSC-W55, with a value of 180.00 euros, inclusive of VAT

- 3rd prize: compass RECTA DP10, with a value of 100.00 euros, inclusive of VAT

5.2 Delivery of prizes

Winners will be advised by email of the prize they have won, on the email address indicated in their Pikeo account and will be asked to indicate their postal address for delivery. In addition, the list of winners and their photos will be displayed on the Pikeo website on http://www.pikeo.com/.

Winners will receive their prizes by post from the Organisers within a maximum of 2 months after the response by the winner.

If the email from the Organiser informing the winner, sent to the address entered on the winner's Pikeo account is returned (cf. Article 3.2. A), or if a reply is not received from the winner within 8 days of the date of dispatch, the winner will be disqualified and his or her prize awarded to the winner in the next place, without it being possible to invoke the liability of the Organiser.

Similarly, Participants will surrender any prizes not delivered and returned due to an incomplete or incorrect postal address and they will be kept by the Organiser, without it being possible to invoke the latter's liability. Also, in the event of express abandonment of a prize by a winner, the prize will be kept by the Organiser and may be used in a subsequent operation if the nature of the prize permits, without it being possible to invoke the liability of the Organiser.

The Organiser cannot be held liable for any delays, losses, damage or lack of readability of date stamps due to the postal service, which may occur on delivery.

The Organiser cannot be held liable for any incident/accident that may occur when prizes are used. The prizes awarded to winners are personal and cannot be awarded to another person.

Prizes cannot be exchanged for other prizes, cash or for another item or service. However, the Organiser reserves the right to replace one of the prizes to be awarded by a prize of an equivalent or higher value, notably but without it being exhaustive, in the event of a stock outage of the prizes initially planned or any other unforeseeable, irresistible, external event that would make it impossible to deliver the prizes planned within reasonable timeframes. The prizes awarded only include what is indicated, to the exclusion of anything else. They cannot be contested in any way by the winner, be replaced by their equivalent in cash or replaced or exchanged for any reason whatever.

The value indicated for the prize(s) corresponds to the recommended retail price, inclusive of VAT, currently applied or estimated as of the date of preparation of the Rules: it is given for information purposes and may vary. The photographs or other illustrations used in any Competition presentation materials have no contractual value in relation to the characteristics of the prize finally awarded.

5.2 Delivery of prizes

All the brands or names of products quoted are the registered trademarks of their respective owners.

Only one prize will be awarded per household (same name and address).

6. Advertising

By the sole fact of participating in the Competition, winners authorise the Organiser to reproduce and represent their Pikeo user names (alias/identifier) and the 6 winning photos in any of the Organisers's promotional operations and publicity events on Internet sites, blogs, monthly archives and newsletters throughout the world, for the period of time necessary for presentation of the competition result, without use thereof granting the winners the right to remuneration or a benefit other than the prize awarded. Winners may request publication of their photo to cease by submitting a request in writing to the Organiser.

Similarly, within the framework of the event or simply due to their participation in the Competition, the Organiser reserves the right to ask the winners for their authorisation to take photos, slides, fix on any electronic support medium, film, paper, videograms or any other material, their image, last/first names, speeches in full or extracts thereof to be reproduced on any type of support medium, digitise, present by any public mode of representation, notably on TV or other telecommunications services, cable distribution and on any networks, the Internet in particular, in any country.

7. Limitation of liability

Participation in the Competition implies knowledge and acceptance of the characteristics and limits of the Internet, notably in relation to technical performance, response times for viewing, querying or transferring information, the risk of interruption and, more generally, the risks inherent in any connection and transmission on the Internet, the absence of protection of certain data against possible misappropriation and the risk of contamination by any viruses circulating on the network.

As a result, the Organiser cannot, under any circumstances, without this list being limitative, be held liable for:

- any malfunction of the Internet network preventing smooth roll-out/operation of the Competition;

- the failure of any receiving equipment or communication lines;

- the loss of any paper or electronic mail and, more generally, the loss of any data;

- routing problems;

- the operation of any software;

- the consequences of any virus, computer bug, anomaly or technical failure;

- any damage caused to a Participant's computer;

- any technical, equipment and software failure whatsoever preventing or limiting the possibility of taking part in the Competition or which may have damaged a Participant's system.

- the malfunction of prizes distributed within the framework of the Competition and any indirect damages that they might cause.

It is specified that the Organiser cannot be held liable for any direct or indirect damage resulting from an interruption or malfunction of any kind, irrespective of the reason, or for any direct damage whatsoever that might result from a connection to the site developed within the framework of this Competition. It is up to all Participants to take appropriate measures to protect their own data and/or software stored on their computer equipment against any interference. Anyone logging on to the site developed within the framework of this Competition and Participants taking part in the Competition do so at their own responsibility.

The Organiser may cancel all or part of the Competition if it becomes apparent that fraud has occurred in any form whatsoever, notably by computerised means, within the framework of participation in the Competition or in deciding on the winners. In this event, it reserves the right not to award prizes to the perpetrators of fraud and/or to take appropriate legal action against the people responsible for this fraud. However, it cannot be held liable in any way in relation to Participants for any fraud which may be committed. The following will notably be considered as fraud:

- If a Participant registers and then takes part in the Competition under one or more fictitious assumed names, fictitious emails, or names borrowed from one or more third parties: each Participant must register and take part in the Competition with a unique alias and email address.

- If a Participant proposes photos for which he or she does not hold the rights.

- The use of multiple email addresses in an attempt to participate several times.

In the event of fraud, the Participant will be eliminated.

8. Agreement of proof

It is hereby agreed that, except in the event of manifest error, the Organiser may use – notably as proof of any action, fact or omission - programmes, data, files, records, operations and other elements (such as follow-up reports or similar) of a computerised/electronic nature, format or medium, established, received or directly or indirectly retained by the Organiser, in its information systems in particular.

Participants will not contest the admissibility, validity or evidential value of the above-mentioned elements of a computerised/electronic nature, format or medium, on the basis of any legal provision of any kind, which might specify that certain documents must be written or signed by the parties to constitute proof.

As a result, the elements considered constitute proof and, if produced as means of proof by the Organiser in any legal or other proceedings, they will be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same evidential value as any document established, received or retained in writing.

9. Case of force majeure – Extension reservations

The Organiser cannot be held liable if, due to a case of force majeure or circumstances beyond its control, the Competition were to be modified, curtailed or cancelled.
In all cases, it reserves the right to extend the period of participation and to postpone any date announced.

Any modification to the Rules will give rise to a new document being lodged at the offices of PIQUET MOLITOR, Official Bailiffs, 23 rue Vaneau 75007 Paris, and will take effect from the time it is onlined: all Participants will be deemed to have accepted it simply by their participation in the Scouting's Sunrise - pikeo photo competition, as of the effective date of the modification. Any Participant refusing the modification(s) made should cease to participate in the Scouting's Sunrise - pikeo photo competition by deleting the "competition" tag from his or her photos.

10. Reimbursement

The costs incurred to participate in the Orange "Scouting's Sunrise" Photo Competition - Pikeo, on the basis of an average call connection time of 6 minutes (at a rate of 0.23 euros a minute can be reimbursed via a simple request in writing to the following address:

Technocentre Orange - Next.com
Concours photo Pikeo
140 avenue de le République
92320 CHATILLON - FRANCE

on presentation of documentary proof (copy of the invoice with the dates and times of connection clearly underlined). This request must be sent by post before 15/10/2007, with the post office date stamp constituting proof, and must indicate the email address registered for the Competition, enclosing full bank account details (RIB/RIP).

Costs incurred by the Participant for the reimbursement request will be reimbursed on request (reimbursement of the stamp at the current slow rate - 20g.).

Costs for photocopying documentary proof will be reimbursed on the basis of 10 cents a sheet by including this request in the connection cost reimbursement request.

Reimbursement will be made by any payment mode choosen by the Organiser, to be sent within 60 days of receipt of the request, after verification of the validity of the request and, in particular, the conformity of the information contained in the reimbursement request letter with the information recorded on the registration form input on the site.
Participants who do not pay connection charges due to the volume of their calls (holders of a subscription plan, cybercable or ADSL users, etc.) cannot obtain reimbursement.

Only one request per household (same name and postal address) will be permitted throughout the period of the competition.

11. Applicable law and interpretation

The rules are governed solely by French law.

Any question concerning the application or interpretation of the Rules or any unforeseen question that may arise will be decided upon, without appeal, depending on the nature of the question, by the Organiser or by PIQUET MOLITOR, Official Bailiffs, in compliance with French law. Claims can only be accepted within one week of publication of the results.

Personal data collected within the framework of this Competition will be treated in compliance with the Pikeo confidentiality policy, which can be accessed on www.pikeo.com. This data may give rise to the exercise of a right of access, rectification and opposition. All participants in the Competition and their legal representatives, if minors, are entitled to apply this right by sending an email to support@pikeo.com .

12. Lodging and viewing of the rules

A full copy of the Rules is lodged with PIQUET MOLITOR, Official Bailiffs, 23 rue Vaneau 75007 Paris. The Rules can be viewed on the Site.

A full set of the Rules will also be sent free of charge by post to anyone making a request to:

Technocentre Orange - Next.com
Concours photo Pikeo
140 avenue de le République
92320 CHATILLON - FRANCE

The cost of the stamp will be reimbursed on the basis of the slow "letter" rate in force, by including a request with the application for a copy of the Rules. No verbal request will be answered concerning the Competition.​​​​​