Terms of use - lovec4cactus

#LoveC4Cactus Game rules Article I: organisation and context 1.1 – Organisation of the game Heaven Conseil, an SASU with a capital of €100,000.00, registered in the Paris registry of companies under the number 503 419 350, headquartered at 19, rue de Cléry, 75002 Paris, France, hereafter the “Organising company” or the “Organiser”, is organising a free game, with no obligation to purchase, called “#LoveC4Cactus”, from 07 April 2015 to 11.59 pm (eleven fifty-­‐nine pm) Paris time on 13 July 2015 (hereafter the “Game”). The Game may be distributed on social networks, platforms, applications or Facebook, Twitter, Apple, Google and/or Microsoft pages (non-­‐exhaustive list). These companies are not organisers, co-­‐organisers or partners of the Game and they do not sponsor it. Any personal data collected when registering or in the course of this operation is only destined for the Organising Company, and not for Facebook, Twitter, Apple, Google or Microsoft, nor for any other company on the social networks, platforms, applications or pages on which the Game may be distributed. 1.2 – Context of the Game The Organiser is organising this Game on behalf of Citroën. The Game is played exclusively on the web page http://loveC4cactus.co.uk . The Game is announced on the following communications media: http://loveC4cactus.co.uk, http://www.facebook.com/Citroen, https://twitter.com/CitroenUK http://instagram.com/Citroenuk The Organiser reserves the right to use any other medium for promotional purposes. The masculine gender is used only with reference to the players in these rules for reasons of simplicity. It does not prejudge in any way the gender of the players and is not an expression of any discrimination whatsoever. Article II: Conditions of entry Registering for the Game implies the unreserved acceptance and respect for the provisions of these rules, which can be accessed on the site when registering and at any time in the course of the Game on the page http://loveC4cactus.fr, and on which the Organiser shall decide as a last resort in the event of any dispute or difficulties of interpretation. Anyone who refuses to accept all or part of these rules is invited to refrain from entering the Game. 2.1 – Conditions of registration for the Game The Game is open to any adult individual with a category B driving licence, residing in mainland France (including Corsica), with an internet connection and a valid e-­‐mail address, with the exception of: • the employees (permanent and occasional), representatives and corporate officers of the Organising Company and of Citroën • the employees (permanent and occasional), representatives and corporate officers of any company controlled by, controlled with or controlling the Organising Company and/or Citroën Rules deposited by Ludilex (www.reglement-­‐legal.net) with SELARL PETEY – GUERIN – BOURGEAC, Associated court officers, 221 rue du faubourg Saint Honoré 75008 Paris, France -­‐ Reproduction prohibited -­‐ Page 1 • the employees (permanent and occasional) and representatives of their advisors • any person who directly or indirectly took part in the design and organisation of the Game, its development, execution, promotion, control or management, including, but not limited to, the members of Ludilex • the employees (permanent and occasional) and representatives of the court officers intervening in the operation •
the members of the families (ascending, descending and siblings) and spouses (married, civil union and living together, officially or unofficially) of the above-­‐listed categories The selected players and winners must be able to provide proof of their age and the validity of their driving licence and of the fact that they meet the conditions to enter the Game before receiving their prize. This condition does not oblige the Organiser to proceed with systematic checks. The number of players in the Game is unlimited. However, players take part on a strictly nominative basis, and the same player cannot play under several pseudonyms or on the behalf of other players. Any incomplete, erroneous or illegible forms, forms sent after the deadline or in any form other that the intended form will be null and void. The Game is only played using electronic media and the form and the web pages provided for this purpose. Any entries by telephone, fax, post or e-­‐mail will not be accepted. Every player must fill all the fields in the form in a complete and understandable manner. One player is taken to represent one physical individual. The use of different e-­‐mail addresses for the same player will be considered as attempted fraud and the player will be disqualified definitively. 2.2 -­‐ Validity of the entry The information and contact details provided by the player constitute proof of identity and must be valid and sincere, subject to disqualification from the game and being stripped of a winner’s status, where appropriate. It is strictly forbidden to modify or to attempt to modify, by any means whatsoever, the proposed workings of the Game, and in particular in order to modify the results or to influence the validity of the draw or of the designation of a winner by automatic or unfair means. If it emerges that a player was drawn or apparently won a prize in violation of these rules, by fraudulent means, such as automated searches or the use of an algorithm, or by any means other than those resulting from the process described by the Organiser on the Game’s site or by these rules, the prize will not be awarded and will remain the property of the Organiser, without prejudicing any legal action that the Organiser or a third party may take against the said player. Contributions are prohibited of any content that (non-­‐exhaustive list): • is irrelevant, unrelated to the theme of the Game, controversial, excessively provocative or deliberately non-­‐constructive • is offensive to human dignity • is sexually explicit or suggestive, pornographic, erotic or paedophile and exposing total or partial nudity • vindicates deliberate attempts on human life, human health and sexual assaults defined in Volume II of the French Criminal Code (rape, indecency, sexual harassment, etc.) • vindicates war crimes, crimes against humanity and crimes of any nature whatsoever •
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discriminatory, hateful or violent with regard to a person or a group of persons in view of their origin, their actual or supposed belonging to an ethnic group, nation, race, sexual orientation, profession, age category or a given religion is slanderous, insulting, libellous, racist, xenophobic, revisionist or denigrating with regard to a third party, individuals or organisations, and in particular the Organiser, Citroën, its products or its trade marks • infringes the privacy, image, honour or reputation of any third parties, whether they are participants or not •
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is in breach of the intellectual, artistic or industrial property rights of a third party, and in particular unauthorised copies or plagiarism promotes political, programmes, parties or activities includes language that is vulgar, rude or contrary to the values of the Organiser and Citroën Rules deposited by Ludilex (www.reglement-­‐legal.net) with SELARL PETEY – GUERIN – BOURGEAC, Associated court officers, 221 rue du faubourg Saint Honoré 75008 Paris, France -­‐ Reproduction prohibited -­‐ Page 2 •
is in breach of laws on tobacco, alcohol, drugs, weapons or any other forms of regulated communication and is, in general terms, contrary to the applicable legislation •
Any players that do not abide by these prohibitions will be disqualified from the Game immediately. The players guarantee the Organiser against any claims, actions for liability, damages and compensation, losses or expenses (including against legitimate legal costs) caused by or related to the breach of any of the guarantees or any of the commitments made in virtue of these rules. Article III: Entering the Game 3.1 – Registration Anyone who meets the conditions of entry stated in article 2.1 of these rules and who wishes to enter the game must: • go to the page http://loveC4cactus.co.uk • fill in and validate the entry form between 7 April 2015 and 11.59pm (eleven fifty-­‐nine pm) Paris time on 13 July 2015 Players must give details of their civil status, name, first name, e-­‐mail address, town, date 1, date 2 and a description of their project. Players must tick the box next to “I have read and accept the rules” before validating their entry. Players that do not accept the rules must not enter the Game. Entering the Game amounts to accepting the rules. The forms must be validated before 0.00am Paris time (the time of the Game’s servers shall apply) on 14 July 2015. Only the holders of forms validated before this deadline can take part in the game. Returns will still be possible after this deadline and for as long as the Game’s entry form remains online, but the registration will not entitle players to take part in the Game. 3.2 – Playing the Game Players deposit their weekend projects on http://loveC4cactus.co.uk , selecting one town and the dates of two weekends. The players who are selected by the Organiser on the strength of the quality of their project will be loaned a Citroën C4 Cactus on one of their two chosen dates for 48 hours. The selected players must collect and return the vehicle at the dealership closest to their home in the town specified in the form. Each month, for 3 months, a player who tested the vehicle will be drawn from the social shares on Twitter and Instagram containing #LoveC4Cactus. 3.3 – Vehicle loan The selected players will be informed by e-­‐mail by the Organiser. In the absence of answer accepting the loan within 48 hours (forty-­‐eight hours) of the e-­‐mail being sent by the Organiser, the player will be considered to have declined the loan of the vehicle. The loan cannot be claimed subsequently and will be allocated to a new winner. Once the 48-­‐hour (forty-­‐eight hours) deadline, starting when the Organiser sends the e-­‐mail, has expired, the winner can no longer claim the vehicle loan on the pretext that he was not made aware of the e-­‐mail informing him of the loan on time. If all or part of the selected player's contact details are found to be clearly false or wrong, and in particular the player’s e-­‐mail address, the Organiser is not required to make any searches whatsoever to find the player. In this case, the player loses any claim to the vehicle loan or any compensation. The loan will be proposed to another player selected by the Organiser. The eligibility of the selected players is checked before the vehicle loan. Rules deposited by Ludilex (www.reglement-­‐legal.net) with SELARL PETEY – GUERIN – BOURGEAC, Associated court officers, 221 rue du faubourg Saint Honoré 75008 Paris, France -­‐ Reproduction prohibited -­‐ Page 3 The loans are strictly nominative and non-­‐transferable to third parties. Article IV: Designation of the loans and winners 4.1 Loans Refer to sections 3.2 and 3.3 for information on the vehicle loans. 4.2 Winners A total of 3 (three) winners will be drawn each month. The draw for each monthly winner will be made amongst the players who have test driven the vehicle and shared their experiences on the Twitter and Instagram social networks, by including #LoveC4Cactus in their shares. Each month, the first valid player to be drawn will be declared the winner. Article V: Prizes There are two types of prizes in this game: 1 : 1 (one) vehicle loan (see 3.3) 2 : 1 (one) of the following: • 1 (one) Bebop Drone (http://store.parrot.com/fr/bebop/336-­‐bebop-­‐drone.html#/couleur-­‐blue) of a retail value of approximately €499 (four hundred and ninety-­‐nine euros). • 1 (one) Bebop Drone (http://store.parrot.com/fr/bebop/336-­‐bebop-­‐drone.html#/couleur-­‐blue) of a retail value of approximately €499 (four hundred and ninety-­‐nine euros). • 1 (one) AR Drone (http://store.parrot.com/fr/ar-­‐drone-­‐20/387-­‐ardrone-­‐20-­‐power-­‐edition-­‐
3520410014635.html) of a retail value of approximately €349 (three hundred and forty-­‐nine euros) + 1 (one) Jumping Sumo (http://store.parrot.com/fr/accueil/112-­‐jumping-­‐sumo.html#/couleur-­‐
jumping_black) of a retail value of approximately €159 (one hundred and fifty-­‐nine euros), or a total value of approximately €508 (five hundred and eight euros). Each player can only win once, and each winner can only win one prize. The approximate value of the prizes is in euros, including VAT, and is given at the time of writing of these rules on the basis of the prices commonly observed in retail outlets. This value is subject to variation and does not engage the liability of the Organiser. The photographs or graphical representations of the prizes are for illustrative purposes only and cannot be considered as contractual under any circumstances whatsoever. Moreover, it is expressly agreed that the Organiser only delivers the prizes and does not act in the capacity of the producer, manufacturer, supplier, seller or distributor of the prizes, and, therefore, does not engage its liability on any of these counts. More specifically, since the prizes are objects, the Organiser shall not be held liable for any problems occurring with their use, and in particular in the event of any malfunction. In this case, players are invited to contact the manufacturer directly in order to replace the object or to make a complaint. Players should always carefully read the instructions or the user manual provided with the object or available from the manufacturer, or find out how to use the object properly by looking on the web. Rules deposited by Ludilex (www.reglement-­‐legal.net) with SELARL PETEY – GUERIN – BOURGEAC, Associated court officers, 221 rue du faubourg Saint Honoré 75008 Paris, France -­‐ Reproduction prohibited -­‐ Page 4 Article VI: delivery of the prizes The winners will be informed by e-­‐mail by the Organiser. The procedure for the delivery or the supply of the prizes will be specified in the message. If the winner fails to confirm that he accepts the prize within 15 (fifteen) days of the message informing him that he has won being sent, his is considered to have foregone his prize. The prize cannot be claimed subsequently and will be allocated to a new winner. Once the 15-­‐day (fifteen) deadline, starting when the Organiser sends the e-­‐mail, has expired, the winner can no longer claim the prize on the pretext that he was not made aware of the e-­‐mail informing him of the prize on time. If all or part of the winner's contact details are found to be clearly false or wrong, and in particular the winner’s e-­‐mail address, the Organiser is not required to make any searches whatsoever to find the winner or to contact him on social networks. In this case, the player loses any claim to the prize or any compensation. The prize will be awarded to a new winner. The prizes will be awarded after checking that the winners are eligible. This condition does not require the Organiser to proceed with systematic checks. The prizes are strictly nominative and non-­‐transferable to third parties. The prizes are not subject to any claims, reimbursements in cash or compensation whatsoever. In the event of force majeure, the Organiser reserves the right to replace the announced prize with a prize of an equivalent value. The winner authorise any checks of their identity, age and place of residence: postal address, e-­‐mail address and IP address. If any information about the identity or the addresses (postal and/or e-­‐mail) of the winner(s) is found to be false, the winners will be disqualified from the Game and, where appropriate, any prizes that have already been sent will be reimbursed. Article VII: publicity and promotion of the winners By accepting their prizes, the winners authorise the Organiser to use their name, first name and town of residence in material advertising or promoting the Game, in all countries and on all media (existing or future), without the said use giving rise to any compensation other than the prize, and for no more than 1 (one) year. Winners who do not want their details to be used in this way, must send written notice to the address shown below within 15 (fifteen) days of the announcement of their prize: Heaven Conseil Jeu #LoveC4Cactus 19, rue de Cléry 75002 Paris Article VIII: deposit of the rules Ludiflex will deposit these rules with SELARL PETEY – GUERIN – BOURGEAC, Associated Court Officers, 221 rue du faubourg Saint Honoré, 75008 Paris, France. Anyone who sends a written request to the address shown below before the closing date of the Game will receive a copy of the rules free of charge: Heaven Conseil Jeu #LoveC4Cactus 19, rue de Cléry 75002 Paris The complete rules can also be accessed on line on the page http://loveC4cactus.co.uk. Rules deposited by Ludilex (www.reglement-­‐legal.net) with SELARL PETEY – GUERIN – BOURGEAC, Associated court officers, 221 rue du faubourg Saint Honoré 75008 Paris, France -­‐ Reproduction prohibited -­‐ Page 5 In the event of any differences between the version of the rules deposited with the Court Officers and any other version, in particular the online version, the version deposited with the Court Officers shall prevail at all times. Article IX: changes to the rules The rules can be changed at any time in the form of an amendment by the Organiser. The amendment will be published on the Game’s site and deposited with SELARL PETEY – GUERIN – BOURGEAC, Associated Court Officers, 221 rue du faubourg Saint Honoré, 75008 Paris, France. The change shall take effect when it is posted online, and all players are considered to have accepted the change simply by entering the Game, after the date when the change takes effect. Any players that refuse the change(s) must stop playing the Game. Article X: reimbursement of costs 1. Refund conditions: To obtain a refund of the expenses incurred by taking part in the Game and consulting the rules, and any postal/photocopying costs, a request must be sent to the address shown below, no later than 30 (thirty) days after the closing date of the Game (the postmark shall prevail): Heaven Conseil Jeu #LoveC4Cactus 19, rue de Cléry 75002 Paris with the following legible information: name, first name, complete postal address, the name of the game, the date and time of participation. A form of ID, banking details (including the IBAN and SWIT BIC numbers) and a copy of the player’s internet access provider’s invoice showing the precise nature of the internet access service provided, the terms of the price plan (unlimited, flat rate, etc.) and the date and time of connection corresponding to the participation in the Game clearly underlined or highlighted by the player, must be enclosed with the refund request. Given that, in view of the current state of offers and technology, certain internet access providers propose a free or flat rate connection to web users, it is expressly agreed that any access to the site or the application made as part of a free or flat rate connection (and in particular connections by cable, ADSL or a specialised line) shall not give rise to any refund, inasmuch as the subscription to the access provider’s services covers the user’s general usage of the internet, and that connection to the site or the application and taking part in the Game did not incur any additional costs or expenses for the user. Consequently, only those costs incurred when using an internet connection charged on the basis of the connection time (connections using a modem and a telephone line, charged according to the length of the call) will be refunded. Any subscriptions to internet access providers or telephone operators and the player’s computer equipment or telephone (PC, smartphone, connected objects, etc.) shall not give rise to any claims to refunds, given that the player took out the subscription and bought the equipment for his general personnel use, and not only to take part in this Game. Any correspondence containing anomalies (incomplete, illegible, and insufficiently franked) will be ignored. Only one refund request per player registered in the Game and per envelope is allowed (same name, same address). 2. Amount of refunds for internet access costs: Provided that the requested substantiating documents are received, the cost of the internet connection will be refunded on the basis of a connection last no more than 5 minutes, which is long enough to download the rules and play the Game, according to the conditions described above and the procedures described below. Rules deposited by Ludilex (www.reglement-­‐legal.net) with SELARL PETEY – GUERIN – BOURGEAC, Associated court officers, 221 rue du faubourg Saint Honoré 75008 Paris, France -­‐ Reproduction prohibited -­‐ Page 6 3. Amount of refunds of postal costs and the cost of photocopying the substantiating documents: The costs incurred by sending a refund request or a request for the rules will reimbursed on the basis of the regular postal rate in France for a letter weighing no more than 20 g. The cost of photocopying any substantiating documents will be refunded on the basis of €0.15, including VAT per page. 4. Payment of refunds: Refunds will be paid by cheque, bank transfer or in stamps, at the Organiser’s discretion, within 60 days of the reception of the request, and after checking the legitimacy of the request and in particular the conformity of the information contained in the refund request with the information contained in the registration form on the site. Moreover, the Organiser will not be obliged to make any refunds if the participation in the Game did not abide by these rules or if the request does not follow the procedure described above or is not made on time. The Organiser has taken technical measures to prove whether a web user took part in the Game. Therefore, it is expressly agreed that, in the absence of any obvious errors, the data in the Organiser’s information systems is probative with regard to connection data and the information produced by the process relating to the Game. Article XI: Responsibility Taking part in the Game implies an understanding and acceptance of the limits of the internet, the absence of protection of certain data against possible hacking or pirating and the risk of contamination by viruses that may be on the network. The Organiser and any of its service providers (hereafter the “Service Provider”) decline any direct or indirect liability in the event of misuse or incidents related to the use of the player’s computer or telephone terminal, internet access, maintenance or a malfunction of the Game’s servers, the telephone lines or any other technical connection, or the dispatch of the forms to the incorrect or incomplete address. In particular, the Organiser and the Service Provider shall not be held liable for any material or immaterial damage caused to the players, their computer or telephone equipment (computer, tablet, smartphone, connected object, etc.) and the data they contain, nor for the possible resulting consequences on their personal, professional or commercial activities. It is up to each player to take any appropriate measures to protect their equipment and data and/or software stored on their computer or telephone hardware against any damage. Anyone connecting to the site or the application or playing the game does so under their own responsibility. The Organiser and the Service Provider shall not be held liable for any fraudulent use of connection rights or the players’ right to a prize, unless it can be demonstrated that the Organiser or the Service Provider is guilty of gross misconduct. The Organiser reserves the right to disqualify any player that interferes with registrations for the Game and to cancel, cut short, modify, postpone, prorogue or suspend the Game, if the Game’s servers show signs of any malfunction due to bugs, alteration, unauthorised intervention, fraud, technical anomalies or any other cause due to the said player that affects the administration, security, equity, integrity and smooth execution of the Game. The Organiser and the Service Provider will make their best effort to provide access to the Game. Nevertheless, the Organiser and the service provider cannot guarantee that the web site or the application and/or the Game will operate without interruption, that they do not contain computing errors, or that any observed faults will be corrected. The Organiser and the Service Provider can, at any time, interrupt access to the site or the application and the Game, in particular for technical reasons, upgrades, maintenance or for security reasons. The Organiser and the service provider shall not be held liable for these interruptions and their consequences under any circumstances whatsoever. No compensation shall be claimed for these reasons. Rules deposited by Ludilex (www.reglement-­‐legal.net) with SELARL PETEY – GUERIN – BOURGEAC, Associated court officers, 221 rue du faubourg Saint Honoré 75008 Paris, France -­‐ Reproduction prohibited -­‐ Page 7 The players are informed that, by accessing the Game’s web site or application, a cookie may be stored, where appropriate, on the hard drive of their computer hardware. This small file saves information about their navigation on the Game’s web site or in the application. Cookies are used to identify each player so that they can access information faster, without having to re-­‐enter it. They will not damage the data already present on the computer hardware. Players can refuse to allow cookies to be stored on their equipment, or chose to be warned when the cookie is stored on their hard drive, by configuring their web browser. Players are invited to refer to their web browser’s documentation for more information on this functionality. When these settings are applied, players can still access the Game’s web site or application and take part in the Game. Furthermore, the Organiser and the Service Provider shall not be held liable for any malfunctions of the internet, nor delays, losses or damage caused by the postal and administrative services. Under no circumstances shall they be held liable for problems in the carriage or loss of mail or e-­‐mails (in particular with regard to the delivery of the prizes). Any prizes that are not claimed or returned within 15 (fifteen) calendar days of the delivery notice given by the postal services will be reclaimed and remain the property of the Organiser. The liability of the Organiser and the service provider cannot be engaged with regard to any incidents resulting from the use or non-­‐use of the prizes, nor from the sale of a prize by a winner. Players, and any other occupants, are solely responsible for any damage, destruction, loss or late return of the vehicles loaned to players whose weekend project is selected. Insurance is not included, unless stipulated otherwise when the vehicle is collected. Article XII: information technology and individual freedom The personal data collected in the entry form is compulsory. This data is intended for the Organiser, which is processes it. The nominative information collected in order to take part in the Game is processed in accordance with the French law on information technology and individual freedom, passed on 6 January 1978 and amended on 6 August 2004. Under the terms of article 27 of this law, all the players have the right to access, modify, delete or rectify the data about them by writing to the Game’s Organiser: Heaven Conseil Jeu #LoveC4Cactus 19, rue de Cléry 75002 Paris Subject to their explicit consent, the data collected about the players can be used by Citroën in order to improve its service and to inform them of new products and offers that may be of interest to them. Where appropriate, the Organiser may process data on traffic and connections on the Game’s site and in particular, keep the IP address identifying the computer used by a player in order to compile statistics on the use of the site, to protect the security of the site and to check the sincerity and fairness of entries in the Game, and in particular to prevent or detect any automated queries sent to the Game’s site or automated dispatches of invitation to third parties, which would systematically result in the exclusion of the player in question, cancel their right to any prizes and expose the player concerned to possible prosecution by the Organiser or third parties. Where appropriate, the Organiser may pass on this traffic data to a third party or the public authorities, under the conditions defined by the law. Article XIII: Intellectual property rights The images used on the Game’s site and in the application, the represented objects, brands and trade marks, graphical and computerised content and the databases comprising the Game’s site or application are the exclusive property of their respective owners, and shall not be extracted, reproduced or used without the latter’s written permission, subject to civil and/or criminal prosecution. Any similarity between the characters or the content in the Game with other fictional characters or the Rules deposited by Ludilex (www.reglement-­‐legal.net) with SELARL PETEY – GUERIN – BOURGEAC, Associated court officers, 221 rue du faubourg Saint Honoré 75008 Paris, France -­‐ Reproduction prohibited -­‐ Page 8 content of other existing games, is purely accidental and shall not lead to the liability of the Organiser or the Service Provider being engaged. Article XIV: applicable and jurisdiction Taking part in the Game implies the unreserved acceptance of: a) these rules and all the conditions therein, b) the ethical rules in force on the internet (netiquette, charter of good conducts, etc.) c) the laws and regulations in force in France, and in particular those applying to games and lotteries. Queries by telephone and in writing regarding the interpretation or the application of these rules, the workings and the procedures of the Game or the list of winners will not be answered. Only complaints sent by register letter with a return receipt to the address shown below within 30 (thirty) days of the closing date of the game will be accepted: Heaven Conseil Jeu #LoveC4Cactus 19, rue de Cléry 75002 Paris Except in the event of obvious error, it is agreed that the information produced by the Organiser’s and and/or the Service Provider’s information systems have probative force in any disputes over the conditions of connection and the processing of the said information about the Game. The players agree to form an amicable appeal for reconsideration to the Organiser, before taking any legal action related to these rules, and in particular to their application or interpretation. The French regulations covering games and competitions shall apply to the players. Any disputes that cannot be settled amicably will be referred to the competent courts in whose jurisdiction the head office of the Organiser is located, unless stipulated otherwise by any public order measures. If any of the clauses of these rules are declared null and void, the validity of the rules shall continue to apply and all the other clauses shall retain their force and scope. Rules deposited by Ludilex (www.reglement-­‐legal.net) with SELARL PETEY – GUERIN – BOURGEAC, Associated court officers, 221 rue du faubourg Saint Honoré 75008 Paris, France -­‐ Reproduction prohibited -­‐ Page 9