ARTICLE 1: ORGANISING COMPANY
The Lyria company, a simplified joint stock company with head office located at 25 Rue Titon, 75011 Paris (France) and registered in Paris (France) under registration number 428 678 627 00046, represented by Mr Eric Dehlinger in his role as Chief Executive, duly authorised (hereafter referred to as the “Organising Company”), is organising a competition entitled “A stay in Geneva” between 11:00 am on 9 December 2024 and 11:59 pm on 16 December 2024 inclusive, (hereafter referred to as the “Competition Period”). The competition will enable one (1) participant to win a return journey to Geneva from Paris travelling in Première Signature class for two people with a unit value of CHF 220, a chocolate workshop for two people at La Bonbonnière with a value of CHF 166.52, Signature 10-course tasting menu for two at the Bayview by Michel Roth restaurant in Geneva with a value of CHF 480, one night with breakfast for two people at the Hotel President Wilson***** in Geneva with a value of CHF 350, which represents a total value of CHF 1,436.52 (hereafter referred to as the “Competition”).
Anyone entering the Competition must refer to these competition rules (hereinafter referred to as the “Rules”) to familiarise themselves with the conditions of participation. Entering the Competition implies full acceptance without exception of every stipulation within the Rules, as well as competition laws and regulations currently in force in France.
ARTICLE 2: ELIGIBILITY TERMS AND CONDITIONS
To enter, participants must be eligible according to the conditions set out herein. There is no fee for entering the Competition. If the participant is eligible, they can take part in the Competition by following the procedure detailed below.
The Competition is open to any natural person who is an adult on the date of the Competition, meaning at the latest on 16 December 2024 (hereafter referred to collectively as “Participants” or individually as “Participant”), and resident in France.
By entering the Competition, the Participant confirms that they are eligible to do so. Participants may be asked to provide proof of eligibility, notably their identity and age. Any false declaration will result in automatic disqualification from the Competition.
ARTICLE 3: PARTICIPATION PROCEDURE
The Competition is accessible via TGV Lyria’s Facebook and Instagram accounts:
The Competition is neither managed nor sponsored by Facebook or Instagram.
The Competition Period runs from 11:00 am on 9 December 2024 to 11:59 pm on 16 December 2024 based on Paris time and using connection date and time as the basis.
To enter the Competition, the Participant must:
Have a Facebook or Instagram account
Comment on the Facebook or Instagram post and name a third party
Fill in the entry form and subscribe to the TGV Lyria newsletter: LINK
Participants can only enter once per social network during the Competition Period and only by complying with the participation procedure.
Participation in the Competition is via digital means only.
Employees of the Organising Company or any parent company, sister company, subsidiary company, supplier company or service provider company, as well as any of the family members of these employees, are not eligible to enter the Competition.
The Organising Company reserves the right to disqualify any person who does not correctly follow the participation procedure for the Competition.
Any entry that is incomplete, incorrect or does not fully comply with the procedures described above will not be included and will be considered null and void.
The Organising Company cannot be held responsible for any entries that are lost, late, incorrect, invalid, incomprehensible or unclear for any reason.
It is obligatory to provide the information that is collected as part of the organisation of the Competition, since this information is required to be able to award the prize.
This data will be processed according to the conditions detailed in these Rules. The Participant agrees to the following:
Entering the Competition does not allow any illegal, threatening, defamatory, obscene, pornographic or profane element that could constitute or encourage behaviour that would be considered to be a crime or contravention of a law, or any content that is inappropriate or contrary to common taste and decency, or that deliberately seeks to damage Lyria or a third party. Any potential comments (where applicable) must not be defamatory or derogatory to TGV Lyria or other companies in the SNCF group or SBB or a third party;
Registration must not take the form of or contain software viruses, commercial solicitation, chain letters, mass advertising or any form of “spam”;
Participants must not assume the identity of another person or entity or mislead TGV Lyria about the basis of their participation;
The Participant hereby renounces, and agrees not to exert, any rights regarding their participation and anything related to this participation.
ARTICLE 4: WINNER SELECTION
On 17 December 2024, one (1) entry from the two social networks will be drawn at random by two staff members from the Organising Company using the software program Excel. The draw will include all Participants who correctly complied with the conditions of participation (the “Winner”). The Winner will be contacted from 17 December 2024 via email by staff members from the Organising Company.
In the event of the Winner not responding to the email within seven days from the date the message informing them that they are a Winner is sent, the Organising Company reserves the right to disqualify them.
If the Winner cannot be contacted or has not made themselves known before 11:59 pm on 24 December 2024, the Prize will be deemed not to have been awarded.
The Prize will only be definitively awarded after the Winner’s details have been verified by the Organising Company.
The Organising Company is under no obligation to award any Prize to a Winner:
if the Winner is not able to prove their eligibility,
if the Winner has deliberately, by any means, managed to generate a false Competition result,
if the Winner has not complied with the Rules,
if reasons outside the control of the Organising Company prevent the Prize from being awarded, including as a result of technical failure.
Every effort will be made to give out the Prize; however, if circumstances outside the Organising Company’s control or as required in the event of force majeure, the Organising Company will be able to replace the Prize with one of equivalent value. Prizes cannot be modified or disputed in any way, nor can they be exchanged either wholly or partly for a monetary value, nor can they be exchanged or replaced under any circumstances and for any reason.
Prizes cannot under any circumstances be assigned or given (notably by sale or auction) to any other person.
The Organising Company may, if circumstances outside their control or as required in the event of force majeure, replace the Prize with one of equivalent value.
ARTICLE 5: PRIZE
The Competition prize is as follows:
1 travel experience to be redeemed within 6 months from 24 December 2024. This includes:
A return journey to Geneva from Paris travelling in Première Signature class for two people with a unit value of CHF 220
A chocolate workshop for two people at La Bonbonnière with a value of CHF 166.52
Signature 10-course tasting menu for two at the Bayview by Michel Roth restaurant in Geneva with a value of CHF 480
One night with breakfast for two people at the Hotel President Wilson***** in Geneva with a value of CHF 350
Total value: CHF 1,436.52
The Lyria company liability is limited to the total value of the prizes awarded by this Competition and it is forbidden for Participants to request anything else under any circumstances: Any costs not included in the Prize (additional food, additional accommodation, personal expenditure, other travel etc.) remain the sole responsibility of the Winner and their companion.
As a result, the Organising Company cannot be held responsible for any dispute arising from the award of Prizes. Prizes cannot be modified or disputed in any way, nor can they be exchanged either wholly or partly for a monetary value, nor can they be exchanged or replaced under any circumstances and for any reason.
Prizes cannot under any circumstances be assigned or given (notably by sale or auction) to any other person.
The Organising Company may, if circumstances outside their control or as required in the event of force majeure, replace the Prize with one of equivalent value.
Prizes cannot be exchanged, on request from the Winners, for cash or any other compensation, nor can they be replaced by a prize of equivalent value.
ARTICLE 6: ADVERTISING – USE OF PERSONAL DATA
The personal data provided as a result of Participants entering the Competition will only be used as required by the Competition and this usage cannot result in any other rights or advantages other than awarding a Prize.
The personal data of the Participants will be processed in accordance with the European Regulation 2016/679 on Data Protection. Participants have the right to access, update, rectify or delete their data and they can exercise this right by contacting [email protected]
Data will be stored in a secure environment for a necessary duration required to manage Competition entries and award Prizes.
In the event of a dispute, the Participant can submit a claim to the CNIL (French Data Protection Agency) via their website at: https://www.cnil.fr/en/home
The head office of the CNIL is located at 3, Place de Fonenoy 75007 Paris, France.
ARTICLE 7: TERMS AND CONDITIONS
The Organising Company reserves the right at its sole discretion to cancel, suspend or modify the Competition either fully or partially in the event of fraud, technical problems or any other event out of the Organising Company’s control that affects the integrity or proper functioning of the Competition, and the Organising Company will not be held responsible for any cancellation, suspension or modification.
However, all modifications will be subject to the addition of a clause that will be made freely available on TGV Lyria’s website and sent without charge to any person who requests the Rules on paper or in electronic format.
The Organising Company reserves the right at its sole discretion to disqualify any individual who does not comply with the terms and conditions within these Rules or whose behaviour conflicts with any ethical rules of respect. Any deliberate act of sabotage of the Competition will constitute a violation of civil and criminal law in force at the time. If such an act takes place, the Organising Company reserves the right to claim damages from the person concerned within the limits authorised by law. Any lack of enforcement action by the Organising Company of any of the conditions within the Rules does not in any way constitute an abandonment of the possibility of future action.
The Participant chooses to make personally identifiable information available as well as other information and the fact of their participation.
ARTICLE 8: LIMITS OF RESPONSIBILITY
After receiving their prize, the winner agrees to release the TGV Lyria company, as well as any parent, sister or subsidiary companies, suppliers, service providers, partners (sales partners) and their respective administrators, directors, employees and representatives (collectively referred to as “Guaranteed Parties”) from all liability and indemnifies it from any action or cause of action in relation to, but not limited to, material damage or loss suffered as a result of participating, receiving the prize or using or not using the prize.
The Guaranteed Parties cannot under any circumstances be held responsible for:
any incorrect or inexact information attributable to or resulting from (i) Participants, (ii) printing errors or (iii) any equipment associated with the Competition or used in the Competition;
any unauthorised human intervention or intrusion during the entry or Competition process;
any technical or human errors occurring while administering the Competition or its entry process;
any material loss or damage caused directly or indirectly, either wholly or partially, by a person’s participation in the Competition or by their use or lack of use of the Prize.
If, for any reason, a Participant’s entry is deleted, lost, destroyed or amended in error, the only recourse for the Participant would be to enter the Competition again. It is understood that, in this case, or if the Competition is wholly or partially stopped, the Organising Company may, in order to award the prize, choose, at its sole discretion, to arrange to draw a name at random from eligible Participants who have made themselves known prior to the stoppage date.
ARTICLE 9: APPLICABLE LAW AND DISPUTES
Except where prohibited by law, Participants agree that:
any dispute, claim or cause of action resulting from or associated with the Competition will be resolved individually in an amicable fashion without resorting to any form of collective action. In the absence of an amicable solution, disputes will be handled by the relevant jurisdictions and by applying French law;
any claims, penalties or damages will be limited to actual reimbursable costs, including any costs associated with entering the Competition excluding any legal fees;
Participants must not under any circumstances obtain compensation and must renounce any right to indirect, punitive, accessory or consecutive damages other than actual reimbursable costs, and must renounce the right to multiply or increase damages.
Any questions concerning the drafting, completion, underwriting, validity, interpretation and application of the Rules, or concerning the rights and obligations of Participants and the Organising Company in relation to the Competition, are governed by and interpreted exclusively according to French law, without resorting to any selection of law or conflict of law provision that could result in laws from another jurisdiction being applied.
These provisions:
“any dispute, claim or cause of action resulting from or associated with the Competition will be resolved individually in an amicable fashion without resorting to any form of collective action. In the absence of an amicable solution, disputes will be handled by the relevant jurisdictions and by applying French law;
any claims, penalties or damages will be limited to actual reimbursable costs, including any costs associated with entering the Competition excluding any legal fees;
Participants must not under any circumstances obtain compensation and must renounce any right to direct or indirect, punitive, accessory or consecutive damages other than actual reimbursable costs, and must renounce the right to multiply or increase damages.” ”
ARTICLE 10: INTELLECTUAL PROPERTY RIGHTS
The Organising Company and its parent, sister and subsidiary companies own all intellectual property rights relating to the Competition. These rights belong to them or they hold the associated usage rights.
Entering the Competition does not confer on the Participants any intellectual property rights.
As a result, it is formally forbidden to reproduce, represent, modify, transmit, publish, adapt or use, via any media and by any means whatsoever, any part of the websites belonging to the Organising Company, TGV Lyria, their parent, sister or subsidiary companies, or any details relating to the Competition without prior written authorisation from the company concerned.
ARTICLE 11: COMMUNICATION OF RULES AND REIMBURSING THE COSTS OF PARTICIPATION
The full Rules of the Competition can be freely accessed on TGV Lyria’s website.
They can also be obtained free of charge by a request in writing at the latest by midnight on 11 December 2024 (using the post mark to determine date) sent to the following address: Lyria SAS, 25 rue Titon, 75011 Paris, France (if requested, postage will be reimbursed based on current French “tarif lent” [slow rate] postage costs).
Participants in the Competition must include full personal details (last name, first name, address, postcode, town/city) and, if a refund is requested, bank account details.
Any illegible, erased or incomplete requests, or any that are sent after the deadline will be considered null and void. Any request for a refund of postage costs will only be honoured if the above conditions are met.
A request for a refund cannot be made by telephone or by online bank transfer.
Requests for a refund of postage costs will be honoured within six (6) weeks starting from the date on which the written request is received.
The Rules include eleven articles, which, when considered in their entirety, represent the full Rules of operation.