Design Your Motorcycle
From May 27, 2019 to November 15, 2019
ARTICLE 1 - ORGANIZER
The Manufacture Française des Pneumatiques Michelin, a partnership limited by shares with its headquarters at 23 Place des Carmes Déchaux, Clermont-Ferrand (63040) (hereafter the “Organizer”), registered on the Trade and Companies Register of the said city under number 855 200 507 RCS Clermont-Ferrand, is organizing a competition, also referred to as a Challenge, for motorcycle customizers, entitled Design your Motorcycle (hereafter referred to as the “Competition”), to run from June 19, 2019 to November 15, 2019 until midnight inclusive, through its 2Wheels business line and on behalf of the Michelin brand.
ARTICLE 2 – TERMS AND CONDITIONS OF PARTICIPATION
2.1. Entering the Competition implies express and unreserved acceptance of these Regulations and all their provisions, as well as of the applicable French laws and regulations on competitions.
2.2. Entries which are incomplete and/or fail to comply with the terms and conditions defined in these Regulations, are not confirmed, and/or are submitted after the deadline will not be considered and will be deemed null and void.
Rules for individual entrants
2.3. This Competition is reserved for individuals who are at least 18 years of age, residing anywhere in the world, with the exception of:
The Participant acknowledges that the information provided in his or her entry form constitutes proof of identity. The Organizer reserves the right to verify the information provided by Participants.
2.4. One entry per person and per household (same name and address) for the duration of the Competition. If a Participant is observed to have submitted the same entry multiple times for the same individual or household, only one entry will be confirmed; the others will be eliminated.
Legal entities as entrants
2.5. This Competition is also open to legal entities (and other organizations), limited to one entry per participant, with the exception of:
The Organizer reserves the right to make any checks it deems relevant, particularly with regard to the company’s name, in order to ensure compliance with these Regulations. Any entries which are incomplete, erroneous, falsified, do not enable identification of a Participant, or violate any of the provisions of these Regulations will therefore be eliminated from the competition and deemed null and void.
2.6. One entry per legal entity for the duration of the Competition. If a Participant is observed to have submitted the same entry multiple times for the same legal entity, only one entry will be confirmed; the others will be eliminated.
ARTICLE 3 – ENTERING THE COMPETITION
3.1 Entry Procedure
All Participants must register for their preferred category. A Participant may register in one or more categories, if he or she complies with the provisions of this Article.
The Competition includes the following three categories:
For Michelin to accept your entry, your motorcycle must be able to be equipped with the Michelin brand of tyres offered as a prize for the category (or categories) you have submitted your entry. Michelin will not offer any tyres other than those listed in Appendix 1 as prizes.
To enter the Competition, the Participant must provide one or more photographs of a motorcycle with aesthetic features that would enable any person of average attentiveness to distinguish it from its competitors based on its overall appearance.
Brands owned by Michelin’s competitors must not be visible on the tyres shown in the photographs submitted. These photographs must also comply with the standard of decency. For example, they must not contain images which could offend the Organizer and the voters.
Michelin reserves the right to reject entries which violate the abovementioned provisions.
Submitting or attempting to submit any false and/or erroneous information will lead to automatic elimination of the Participant and the immediate loss of any winnings. The Organizer reserves the right to cancel all or part of this Competition if fraud in any form is discovered in entries or in the selection of the winners. In this event, the Organizer reserves the right to refuse to award prizes to the entrants who committed the fraud and/or to press charges against them in the appropriate jurisdiction.
The Organizer reserves the right to take all necessary measures to verify compliance with this article and with the Regulations in their entirety, particularly in order to exclude any minor participants and any participants who have engaged in any type of fraud or misconduct; the Organizer is not, however, obligated to systematically verify all entries and may choose to limit its verification to potential winners.
ARTICLE 4 – SELECTION OF THE WINNERS
In order to select one winner per category, all entries will be displayed on the challenge website at https://designyourmotorcycle.michelinman.com/ and then put to a vote by visitors to the website, as well as a vote by a jury whose composition is described below. Each entrant will be assigned a score. The score will be calculated by adding two partial scores:
Step 1: Vote by website visitors
All entries will be put to a vote by the challenge website’s visitors. To confirm their votes, visitors must share the entrant’s profile on their personal Facebook page. Sharing an entrant’s profile constitutes a vote.
In order to rank the Participants who received the most points, the number of votes will be categorized using the following point scale:
- 0 to 50 votes: 1 pt
- 51 to 100 votes: 2 pts
- 101 to 300 votes: 3 pts
- 301 to 600 votes: 4 pts
- 601 to 1000 votes: 5 pts
- 1001 votes and up: 6 pts
Step 2: Vote by the members of the jury
Each entry will be put to a vote by a jury made up of:
The jury members will be given a scoring matrix based on the following criteria:
The jury must assign a score of 0 to 5 points for each of the scoring criteria listed above. Only whole points may be awarded.
The entrant who receives the most points in each of the two steps will win that category.
The winners will be announced at the Milan Motorcycle Show (EICMA), which will run from November 5 to 10, 2019.
The Organizer reserves the right to invalidate the winner’s title if he or she violates the terms of these Regulations between the date on which voting on his or her entry begins and the announcement of the winners.
ARTICLE 5 - PRIZES
5.1 DESCRIPTION OF THE PRIZES
The prizes for each category are as follows:
MICHELIN Anakee Adventure tyres or a pair of MICHELIN Anakee Wild tyres
The value of the prizes is defined in Appendix 1.
Prizes are only awarded if a Participant enters in to a partnership contract with the Organizer.
5.2 AWARDING THE PRIZES
5.2.1 Prize awarding process
The prizes described in Article 5.1 will be awarded to the winners of the Competition, as defined in Article 4.
5.2.2 Signature of a partnership contract
All winning Participants will be offered a one-year partnership contract with the Manufacture Française des pneumatiques Michelin (MFPM).
Any non-winning Participant may also be offered a partnership contract.
These partnership contracts will form an exclusive relationship between the Participants and the Organizer.
All Participants, winners and non-winners alike, retain the right not to sign these partnership contracts.
Under the partnership contract with the Organizer, the three (3) winners must attend the Milan Motorcycle Show (EICMA).
5.2.3 Transfer of the prizes
Within two months following the end of the Competition, the winner will receive an email notification of the option of signing a partnership contract and that the prize has been shipped to the address provided on his or her entry form.
This email will provide instructions on taking possession of the prize and signing the partnership contract. If the winners fail to respond within three (3) weeks or if the address provided is incorrect, incomplete, illegible, false, or provided in a manner which violates these Regulations, the prize and partnership contract option will be awarded to a runner-up selected by the Organizer at its sole discretion.
Furthermore, if the winners decline to accept the prizes or sign the partnership contract, they will be awarded to other Participants by the Organizer at its sole discretion.
5.2.4 Rules governing the awarding and transfer of the prizes
The prizes will not be awarded in any form other than that provided for by these Regulations. They may not be exchanged for any other items or for their cash value. However, the Organizer reserves the right to replace the Prizes selected for the Competitions with Prizes of an equivalent value and with similar features should circumstances require it; it cannot be held liable for such a change.
While the prizes will be shipped in line with the best interests of the winners, shipping will be at the risk of the recipient. The Organizer cannot be held liable for any damage or loss during shipment of the prizes.
ARTICLE 6 - PERSONALITY RIGHTS
By accepting their prize, the winners transfer their personality rights and, unless they expressly refuse to do so, the winners authorize the Organizer to use their first and last names or corporate name and the city or country where they reside/they are headquartered in any advertising or promotional materials (except commercial prospecting) related to this Competition, from the announcement of their victory and for a 2-year period; they will not be entitled to any remuneration or benefits other than receipt of their prizes.
ARTICLE 7 – LIABILITY
7.1 The Organizer cannot be held liable if this Competition must be modified, postponed, shortened or cancelled due to a case of force majeure or other circumstances outside its control, particularly in the event that the Competition leads to unexpected cases of cheating and/or other misconduct. The Organizer reserves the right to end this Competition without designating a winner and to offer the prizes again as part of a different operation.
It reserves the right to extend, modify, shorten or cancel the Competition and to postpone any dates announced under all circumstances.
The Organizer cannot be held liable if one of the winners cannot be reached by email for any reason outside its control (particularly in the event of technical problems caused by the access provider or telephone operator or provision of an incorrect email address).
The winners are not entitled to any compensation of any kind in this case.
Furthermore, the Organizer cannot be held liable if one or more participants are unable to log on to the website or enter the competition due to a technical malfunction or any other problem, particularly Internet network saturation. In particular, the Organizer cannot be held liable for any physical or intangible damage caused to their computer equipment, the data stored thereon, or its impact on their personal, business, or commercial activity.
7.2 Force majeure includes but is not limited to the following events: natural disaster, flooding, strikes, interruption of the connection to the supplier network, technical malfunctions, power outages, any difficulties with connections or links, line cuts, loss of information or other losses which could affect, delay, slow or prevent access to the Competition website. The Organizer undertakes to take all necessary measures to end such situations as quickly as possible. Participants cannot hold it liable or claim any compensation for modifications or cancellations due to such circumstances.
ARTICLE 8 – PERSONAL DATA PROTECTION
In its capacity as a data controller, the Organizer processes the participants’ personal data to manage their participation in the Competition and award the prizes.
The legal justification for this processing is the participants’ acceptance of the terms of the Competition Regulations.
The data processed is essential for the processing and is used by the Michelin departments involved and, where necessary, by its subcontractors and service providers, some of which are based outside the EU. Rules have been implemented to ensure data protection and security in the event that data is transferred outside the EU. This data will be retained for the duration of the Competition and the duration of the statute of limitations.
As defined by law, the participants have the right to request, access, and correct their data, the right to transferability, to limited processing, to oppose its use for legitimate reasons, and the right to define directives for disposal of their data after their death. They may exercise these rights by writing to: “Manufacture Française des Pneumatiques Michelin – Siège Social – Ligne Business 2 Wheels – 23 Place des Carmes Déchaux Cedex 9 – 63040 CLERMONT-FERRAND” or to: email@example.com In the event of a dispute, any person may submit a complaint to the CNIL. Its contact information is available on its website: https://www.cnil.fr.
ARTICLE 9 – INTELLECTUAL PROPERTY
All texts, images and audio reproduced on this website or any other media published by Michelin are the property of the Organizer.
These Regulations do not include any transfer to the participant of intellectual property rights to the elements which belong to the Organizer, including audio, photographs, images, literary texts, artistic works, software, brands, graphic charters and logos.
Only compliant use for https://designyourmotorcycle.michelinman.com/ websites is authorized. All other use is prohibited without prior written consent.
In compliance with French literary, artistic and industrial property law, the reproduction, representation and use of the components of the Competition, in whole or in part, is strictly prohibited. The brands mentioned with regard to the Competition are trademarks of their respective owners.
ARTICLE 10 – FILING AND COPIES OF THESE REGULATIONS
The full regulations for this competition have been filed with Mr. Christophe PELISSIER, Court Bailiff, 16, Rue Rameau, 63000 Clermont Ferrand and can be viewed at the following address: 16, Rue Rameau, 63000 Clermont Ferrand.
The Regulations are available to all, free of charge, on the following websites https://designyourmotorcycle.michelinman.com/ until the end of the competition.
These full regulations can be viewed, downloaded and printed free of charge at https://designyourmotorcycle.michelinman.com/ throughout the Competition. In the event of any differences between the version filed with the court bailiff and the version available online, the version filed with the court bailiff shall prevail.
A written copy will also be sent free of charge to any individual who requests it before closure of the competition. This request must be sent, by post only, to:23 Place des Carmes Déchaux, Clermont-Ferrand (63040) FRANCE .”
The stamp used to request a copy of the regulations will be reimbursed at the current non-priority rate if a written request is attached. All requests for reimbursement must include the last name, first name and address of the participant, the name of the Competition, and bank account details.
ARTICLE 11 – NULLITY
If one or more provisions of these Regulations are found to be invalid or are declared invalid in application of a law, a regulation, or the decision of a competent jurisdiction, the other provisions will retain their full force and scope.
ARTICLE 12 – APPLICABLE LAW
This Competition and these regulations are subject to French law.
In the event of a contradiction between the French version and the translations into other languages, the French version shall prevail.
Any disputed interpretations of these Regulations and any unforeseen situations will be settled by a jury appointed by the Organizer. Any requests regarding interpretation of these Regulations must be submitted in writing. No response will be given to requests regarding interpretation of these Regulations that are received more than fifteen (15) days after the end of the Competition.
Any difficulties in interpretation and any disputes will, as a last resort, be settled by the Tribunals of Clermont-Ferrand, France under French law, which is the only applicable law.