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    Gift of Health Terms of Use

    Article 1: Organization

    The WITHINGS Inc, hereafter referred to the "Organizer", with registered offices at 222 Third Street Suite 2300 Cambridge, MA 02142, United States of America, is organizing a free Contest without a purchase obligation starting on November 30th, 2016 12:00 AM EST and ending on December 6th, 2016 11:59 PM EST (inclusive of the day).

    These GIFT OF HEALTH CONTEST Terms of Use (hereafter, the "Terms of Use") are intended to define the rights and obligations of Withings and of the Contestant (hereafter, the "Contestant"). Entering this Contest implies the full acceptance of these rules and Withings Services Terms and Conditions.

    Article 2: Contestants – Eligibility

    This GIFT OF HEALTH CONTEST, referred as the "Contest" without purchase obligation, is exclusively open to contestants over the age of 18 on the first date of the Contest and who live in the United States.

    Persons who do not comply with the above-mentioned conditions along with 'the Organizer's' staff members, and any person who has directly or indirectly participated in the design, realization or management of the Contest, along with their spouses, members of their families, direct descendants or other relations, regardless of whether they live in the same house, are excluded from participating in the Contest.

    'The Organizer' reserves the right to ask any contestant to provide proof that they meet the above-mentioned conditions. Any person who fails to meet these conditions or refuses to provide the required proof shall be excluded from the Contest and may not receive the prize, if they win the Contest.

    Only one entry per person (same name, same address) per day is permitted. 'The Organizer' reserves the right to carry out any checks to ensure compliance with this rule.

    Entering this Contest implies the full acceptance of these rules.

    Article 3: How to enter

    The contestants should go to the following Contest page:

    http://giftofhealth.hscampaigns.com

    The contestant must fully fill out the entry form and ensure all details are correct to validate their entry. The contestant is informed and agrees that the information entered in the registration form will be used as proof of their identity. All information must be accurate, and each Contestant must have a valid e-mail account in order for the entry to be eligible. Incomplete entries will be disqualified.

    The Contestant will provide third Party email address – the Contestant shall obtain the third Party consent prior to enter and share with the Organizer any third Party personal information.

    “*” Indicates a mandatory field – no participation shall be taken into consideration if all mandatory field are not completed.

    Any Contestant who attempts to enter with multiple email addresses, or under multiple identities, will be disqualified from this Contest and all entries submitted, under any account, will be void. Any fraud, as can be determined by the intentional fact of not complying to a fare participation to this Contest shall allow Withings to exclude the Contestant.

    Any entry made contrary to the provisions of these rules shall render the entry invalid. Any contestant suspected of fraud may be removed from the Contest by 'the Organizer' who shall not be required to justify its actions. Any identity or entry that has been, deliberately or otherwise, entered incorrectly, illegibly or incompletely, or in a different form that that provided for in these rules, shall be considered as void. The same penalty shall apply in the event of multiple entries.

    Article 4: Prize

    Each Contestant may claim only one win.  At the end of the Contest, a draw will be held to determine the winners of the Prize.

    Each Prize consists of:

    • One Withings Body Cardio – Value $ 179.96

    • One Withings Steel – Value $ 149.95

    10 Prize are to be allocated to this Contest.

    All the costs incurred subsequent to the Contest especially for the maintenance and the use of this Prize are the full responsibility of the winner.

    The winner undertakes to accept the prize as proposed without any possibility to exchange it, in particular for cash, or any other goods or services of any nature whatsoever or transfer the prize to a third party. Similarly, this prize cannot be the subject to a request for compensation.

    If an event independent of its will occurs, particularly linked to its suppliers or unpredictable circumstances, 'the Organizer' reserves the right to replace the announced prize by a prize of an equivalent value. The winner shall be kept informed of any changes.

    Each winner will be contacted at the email address stated when entering the Contest.  A winner will be disqualified and an alternate winner will be selected by random drawing from remaining Contestants if (1) Withings does not receive any answer within 48 hours following the notification and/or (2) a winner does not comply within requirements stated in Article 2 and 3 , "Contestants" (3) a winner does not agree to Withings request in order to make public the winner use of Prize (4) if at any moment until the Prize is fully delivered, Withings is not able to contact the winner or the winner is unable to meet the schedule proposed by Withings in order to organize Prize.

    If these conditions are not met, the non-awarded prize will then be assigned to another Contestant.

    Note: each prize that has not been claimed by the evening of December 15th, 2016 may not be claimed or awarded thereafter.

    Article 5: Deciding the winner

    Winners will be selected at random to take place as determined hereinafter. Representatives form Withings will conduct the drawing.

    At the end of the Contest, the prize draw will be conducted by December 10th, 2016

    The winner shall be notified by e-mail at the address noted on the Contest entry form.

    Article 6: Confidentiality of contestants' personal data

    At Withings, protecting the privacy of our Users is of the utmost importance. You can read our Statement on Data Protection and our Privacy Policy. 'Contestants' data is recorded and used by 'the Organizer' to store their Contest entry, award the prize and sales development.

    Contestants may, for legitimate reasons, rectify any data concerning them, object, at any time on compelling legitimate grounds relating to your particular situation, to the processing of their personal data provided in the context of this Contest. They also have a right to object to the data being used for the purpose of sales development, other than for this Contest entry, which they can avail themselves as soon as they enter the Contest by sending an email to 'the Organizer':

    By email: privacy@withings.com

    By entering this Contest, contestants agree to allow use of their name, voice, photograph, films

    likeness and any information provided on entry form, in any medium of communication,

    including print, Internet, radio and/or television and for any purpose, including advertising,

    promotional or other purposes, by Sponsors and their respective affiliates, without additional compensation. Such right is expressly granted to Withings or any third Party designed by Withings to use it by the Contestant when entering the Contest.

    The Contestant will provide third Party email address – the Contestant shall obtain the third Party consent prior to enter and share with the Organizer any third Party personal information.

    Article 7: Contest rules

    The rules of this Contest can be found on the following sites:

    http://giftofhealth.hscampaigns.com/

    It may be sent free of charge to any person who sends a request to 'the Organizer'.'The Organizer' reserves the right to extend, shorten, modify or cancel the Contest at any time, including due to a force majeure event, without the contestants being able to claim any compensation.

    Article 8: Industrial and Intellectual Property Rights

    The reproduction, representation or use of all or part of the component elements of the Contest including these Contest rules, are strictly prohibited.

    All trademarks, logos, texts, images, videos and other distinctive signs reproduced on the site as well as on the sites to which it provides access through hypertext links, are the exclusive property of their owners and are protected by the provisions of the intellectual property Code, throughout the world. Any non-authorized reproduction constitutes an infringement punishable by criminal sanctions.

    Any non-authorized total or partial reproduction of these trademarks, logos and signs constitutes an infringement punishable by criminal sanctions.

    Entry in this Contest implies full acceptance of these rules by the contestants.

    Article 9: Liability

    'The Organizer' accepts no liability in the event of force majeure or unforeseen circumstances independent of its will.

    'The Organizer' may not be held responsible for any delays, loss, theft, damage to letters, or illegibility of the postmarks caused by the postal services. Nor shall it be held liable for and no redress may be sought against it in the event of force majeure cases (strikes, bad weather, etc.), depriving the Contestant of the possibility to enter the Contest and/or the winner from benefiting from his/her prize.

    'The Organizer' as well as its service providers and partners may in no case be held liable for any incidents that might arise due to the beneficiary or his/her guests use of the prize after taking possession of it.

    Similarly, 'the Organizer' as well as its service providers and partners may not be held liable for the loss or theft of the prize after the beneficiary has taken possession of it. Any additional costs necessary to take possession of the prize shall be borne fully by the winner, who may not ask 'the Organizer', or its service providers or partners for any compensation.

    Article10: Rules of evidence

    By express agreement between Withings and the Contestant, the data submitted to the Withings computer servers and saved under reasonable security and reliability conditions, are enforceable to any Contestant as elements of evidence and shall prevail over any other means of evidence.

    Except in the case of manifest error, it is agreed that, specifically in order to prove any action, fact or omission hindering the proper conduct of the Contest, Withings shall make use of programs, data, files, entries, transactions and other elements (such as tracking reports or other status reports) of a digital nature or in electronic form, established, received or saved directly or indirectly by Withings specifically in its information systems.

    Therefore, these elements shall constitute evidence and if they are produced as evidence in any proceeding for the settlement of disputes, they shall be admissible, valid and enforceable between the Parties in the same way, under the same conditions and with the same conclusive force as any document that may be produced, received or saved as a hard copy.

    All of the data regarding the actions of the Contestant having been collected and recorded in the context of this Contest are irrefutably deemed to have been entered under the responsibility of the Contestant.

    Article 11: Dispute & Claims

    These rules are governed by the laws of Massachusetts USA

    Any complaints must be addressed to "the Organizer" no later than one month following the Contest's closing date. After this date, no claim shall be accepted.

    Any dispute, claim or controversy arising out of or relating to this Website Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Website Terms of Use to arbitrate, shall be determined by arbitration rather that in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

    The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitration will be conducted on an individual basis – class arbitrations and class actions are not permitted - in the hometown area of the consumer, using the English language, by one arbitrator who shall be selected from the appropriate list of JAMS arbitrators.

    Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction