Le Grand Prix du Carré Hermès official rules

 

 

FREE PARTICIPATION. NO PURCHASE IS NECESSARY TO ENTER OR TO WIN. THIS IS A CONTEST OF SKILL AND CHANCES OF WINNING DEPEND SOLELY ON THE QUALITY OF THE ENTRANT’S ONLINE ENTRY. BY PARTICIPATING IN THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT BETWEEN YOU AND THE SPONSOR. READ THEM CAREFULLY BEFORE ENTERING. THESE RULES SHALL BE VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

 

All necessary and relevant information on how to enter, as well as the winning prizes form part of these official rules ('Official Rules').

 

SUMMARY:

1. Contest Dates

2. Eligibility

3. How To Enter

4. Submission Content Guidelines

5. Intellectual Property and Licence

6. Guarantees and Indemnity

7. Determining the selected participants, finalists and final winners

8. Contest Prizes

9. General Conditions

10. Release

11. Suspension/ Modification/ Termination

12. Governing Law / Limitation of Liability

13. Submitted Information / Use of Personal Data/ Privacy Policy

14. Change of Data

15. Validity of Official Rules

 

 

1. Contest Dates

 

Le Grand Prix du Carré Hermès ('The Contest') begins on March 8th, 2019 at 11:00 (CET) and qualifying submissions (as defined in Appendix 1) must be received on website designboom.com ('the Contest Website') by May 31st, 2019 23:59 (CET). Please note that this Contest is developed over several steps.

 

a) During the first phase (Phase I), the participants (‘The Participants’) will register on the designboom srl platform, fill out the registration form, submit up to ten (10) samples of their previous works, according to the format described hereunder, and submit a 250-word presentation of their work and motivation in English, at the end of which approximately one hundred (100) Participants will be selected as the “Selected Participants”;

b) During the second phase (Phase II), the Selected Participants will be invited to draft a scarf design, according to the relevant format and instructions given by HERMÈS, at the end of which approximately ten (10) Participants will be selected as the “Finalists”;

c) During the third phase (Phase III), the Finalists will complete their scarf design, at the end of which up to three (3) Finalists will be selected as the “Final Winners” of the Contest.

 

The dates are subject to extension, subject to the Sponsor’s sole and absolute discretion.

 

 

2. Eligibility: Who may enter

 

Le Grand Prix du Carré Hermès (The Contest) is open to professionals, students and design enthusiasts, alone or in artists’ collective, from every country in the world, but only to individuals who have reached the age of majority in their jurisdiction of residence at the time of entry, and that have the necessary legal status to provide the relevant invoices, when and if needed ("Participant" or "Participants"). Minors and individuals who have no or only limited legal capacity may not participate.

 

Employees of Hermès (the 'Sponsor'), Designboom srl (the 'Producer'), each of their respective parents, affiliates, subsidiaries, advertising and promotion agencies, distributors (collectively, the 'Contest Entities') are not eligible to enter the Contest or win a prize.

 

Artists and other persons who have already sold a drawing to the Sponsor are also not eligible to enter the Contest or win a prize.

 

 

 

3. How To Enter

 

Prior to submitting entries, each Participant will be asked to fill in and submit an official registration form which requests the Participant’s information listed in Appendix 1.

 

During the registration, the Participants will select a password (hereinafter referred to as 'Access Data') to log into a submission space for their entry(ies) to the Contest (collectively, the 'Submission'). The Participant is obligated to keep his/her Access Data secret and prevent unauthorized use by third-parties.

 

For the purpose of this Contest, the Submission must follow the technical, creative, and legal requirements disclosed on the Contest Website and in these Official Rules, including, but not limited to, the Submission Content Guidelines (Article 4). All entries that are late, illegible, incomplete, or otherwise not in compliance with these Official Rules will be disqualified from the Contest at the Sponsor’s sole and absolute discretion.

 

For the purpose of this Contest, an online entry is 'received' when the Contest Website’s servers record the entry information. The automatic response indicating the message 'successfully published' does not constitute proof of the actual receipt of an entry for the purposes of this Contest.

 

In the event of a dispute as to the identity of any Participant who submits an entry, the entry will be deemed submitted by the holder of the e-mail from which it was sent but only if such person is otherwise eligible. The 'account holder' is the person assigned an e-mail address or username by the entity responsible for assigning it (e.g., Yahoo).

 

The Sponsor, the Producer and affiliated entities are not responsible for lost, misdirected, misplaced, tampered with, deleted, or invalid entries.

 

 

 

4. Submission Content Guidelines

 

Each Participant is limited to one (1) entry.

 

The first step of this Submission process is to fill out the registration form requiring all necessary information about the Participant, namely personal information (e.g. name, email address…), and experience in art, small presentation of 250 words maximum and visual representations of prior works as specified in point 3 of the present Article. All the contents of this registration (including the small presentation) must be written in French or in English only. The Sponsor will have access to review and evaluate the Submission and finally, will select approximatively 100 Participants to submit entries for the Grand Prix du Carré Hermès.

 

1 - To merit consideration as a qualified entry, the work must be complete, respect the following guidelines and contain all elements listed below.

 

2 - The work must be submitted to the Contest section found on the Contest Site. Images and texts must be in digital format.

 

3 - The work may be produced on and by any medium but must be submitted to the Contest section as low-res JPEG (or JPG) format. All digital files must be 1000 pixels wide, RGB color mode. 

 

4 - The Work must not involve or invoke physical harm to any person or animal. The Work must not be inappropriate, libelous or defamatory, harassing, abusive, threatening, harmful, racially, ethnically or otherwise objectionable or offensive.

 

5 - The Work and Submission must not contain any viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code or content that may harm or compromise the Contest Site and/or the proper conduct of the Contest.

 

 

 

5. Intellectual Property and License

 

All submitted works will remain the exclusive property of the Participant, subject to the provisions laid out hereinafter. The Sponsor and the Producer will have the right to use all of the works submitted as part of the Contest, and all images depicted therein, in any promotion or for any non-commercial purpose. By submitting a work from Phase I onward, the Participant grants the Sponsor and the Producer the non-exclusive, unlimited, royalty-free, rights to publish, represent and reproduce in all media now known or hereafter discovered, all or part of the works for an unlimited period, and worldwide, within the context of the Contest.

 

The Sponsor has the right to apply minor modifications without damaging the integrity of the work submitted from Phase II onward, e.g. add the Hermès logo and text, reframing, changing the colours, cutting the background or parts of it. In case the Sponsor and/or the Producer want to bring major changes to the submitted work for publication, public relations, or exhibition purposes, the Sponsor and/or the Producer will contact the Participant and inform him/her about the use of his/her work to obtain his/her consent.

 

During Phases II and III, neither any candidate nor the Producer or any third party may communicate on the drawings before (i) any first disclosure by the Sponsor itself and (ii) without prior written consent of the Sponsor.

 

By submitting a design in the Contest for Phase II, the concerned Selected Participant agrees to provide the Sponsor with the right of first refusal to the exclusive use of the design. This option is valid for 12 (twelve) months after the end of the Contest.

 

The Contest Prize received (Article 8) will include the transfer of the material property rights attached to the design.

 

The Sponsor’s intellectual property rights (such as trademarks, logos, designs, copyright, etc) will only be used as part of the Contest and remain the Sponsor’s sole and unique property. The Participants who choose to incorporate the Sponsor’s intellectual property in their work and are ultimately not selected will have to remove all material belonging to the Sponsor from their drawing or discard their drawing altogether.

 

If the Sponsor did not exercise the option within the exclusivity period of 12 (twelve) months after the end of the Contest and/or the Participant was not selected by the Sponsor during Phase II and III, the Participants shall retain the full ownership on their works. The Participants shall be free to use these non-selected works in whatever manner they deem appropriate without any reference to the Sponsor and as long as these works do not integrate nor copy any design, model, trademark, copyright, logo, or any… duly registered by and/or belonging to the Sponsor.

 

If the Participant wishes to communicate the Contest in his/her portfolio, the Participant will always mention the fact that his/her Work was realized within the framework of a competition named “Le Grand Prix du Carré Hermès” for Hermès and not as part of a collaboration between the Participant and Hermès.

 

The Participants agree that the Sponsor and the Producer shall have the sole discretion in determining the extent and manner of non-commercial use of the Submissions and are not obligated to use any Submission. Each Participant acknowledges that other Participants may have created plans and concepts contained in their Submission that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities.

 

 

 

6. Guarantees and Indemnity

 

Each Participant guarantees that he or she has read, understood and will follow the Official Rules. Each Participant further guarantees that their Submission and all materials and matter therein: (1) (except for elements that are within the public domain) are wholly original creations of the Participant and are not a copy or imitation of any other material; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each Participant further guarantees that he or she has the right to agree to and fully perform in compliance with these Official Rules and that no consent of third parties is required to grant the rights hereunder. Each Participant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her Submission to any other third party. Further, each Participant guarantees that the Sponsor’s use of any Submission shall not violate an agreement previously signed by the Participant. Each Participant agrees to indemnify and hold the Released Parties (defined below) harmless from and against any third-party claim, to the extent relating to any breach of any representation, warranty or covenant made by such Participant in connection with his or her acceptance of these Official Rules or Contest activities.

 

 

 

7. Determining the Selected Participants, finalists and Final Winners

 

1. Phase I – Entry to the Contest:


a) March 8th, 2019 to May 31st, 2019 - The first step of this entry process is to complete the online registration form and submit samples of the participant’s previous works in JPEG form as well as a 250-word presentation of their work and motivation in English (up to ten works will be allowed).

b) June 1st, 2019 to Mid-July 2019 - The Sponsor will have access to review and evaluate the Submission and finally, it will select the ‘Selected Participants’ to submit entries for ‘Le Grand Prix du Carré Hermès’. These Selected Participants will be notified via email, by the Sponsor and/ or the Producer.

 

2. Phase II – Development of the scarf design projects for the Selected Participants:

 

a) Mid-July 2019 to Mid-September 2019 - the Selected Participants will draft a general sketch of the square project in a square format (single and predefined format, to be specified) with a 250-word text presenting the square project and 2 details to judge the quality of the line (unique square format, also to be specified) according to the relevant format and instructions given by the Sponsor and the Producer and upload their entries on the Contest Site.

b) Mid-September 2019 to Mid-October 2019 - The Sponsor will have access to review and evaluate the submitted entries and will shortlist the entries to approximatively 10 Finalists.

 

3. Phase III – Completion of scarf designs by Finalists:

 

a) Mid-October 2019 – The Sponsor may invite the Finalists for a 2-day workshop at the Hermès headquarters in France on November, except in case of a force majeure event/cancellation by the Sponsor for any cause not reasonably within its control.

b) By Mid-January 2020 at the latest, the Finalists will send their final design to the Sponsor.

c) March 1st, 2020: Selection by the Sponsor and announcement, of up to three (3) Final Winners of the Contest.

 

This schedule may be modified at the Sponsor' sole discretion, in which case, the Sponsor will inform the Participates.

 

The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. If the Sponsor is unable to contact a Selected Participant, Finalist or Final Winner or if they do not comply with these Official Rules, the prize will be forfeited, and, at the Sponsor’s discretion, an alternate Selected Participant, Finalist or Final Winner will be selected. Non-compliance shall result in disqualification and the award of the prize will be given to an alternate Selected Participant, Finalist or Final Winner. If any potential Selected Participant, Finalist or Final Winner is found to be ineligible or declines the prize for any reason prior to the award, such potential Selected Participant, Finalist or Final Winner may be disqualified, and an alternate potential Selected Participant, Finalist or Final Winner may be selected. The Contest Entities are not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify a potential Selected Participant, Finalist or Final Winner.

 

 

 

8. Contest Prizes

 

The Finalists will be invited for a two-day workshop at the Hermès headquarters in France during November 2019.

 

Flight and hotel accommodation will be provided by the Sponsor.

 

The possible 3 Final Winners will receive a cash prize award of € 5.000 euro excluding taxes each, including the purchase of the work, under the condition that they are able to provide a relevant and legal invoice.

 

Due to the French tax regulation, if the Participant's tax domicile is located outside the French territory, a withholding tax (of 31%) may be applied to the said sum, subject to the application of a more favorable clause provided for in the potential convention agreed between France and the Final Winner’s country, and to the submission of a certificate of tax residence by the Final Winner.

 

The Prizes are non-transferable, and no cash alternative is available. The Finalists must possess all required travel documents. It is the responsibility of each Finalist to provide proper documentation (including a government-issued picture identification). The dates of departure and return are subject to change at the Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and may not be valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes.

 

 

 

9. General Conditions

 

Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, distorted or damaged Submissions; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing/reviewing of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Contest Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer or mobile device related to or resulting from participating in this Contest or downloading materials from or use of the Contest Website. Persons who tamper with or abuse any aspect of the Contest or the Contest Website or who are in violation of these Official Rules, as solely determined by the Sponsor and/or the Producer, will be disqualified and all associated entries will be void. Should any portion of the Contest be, in the Sponsor’s or the Producer’ sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor or Producer, corrupt or impair the administration, security, fairness or proper play, or the Submission of entries, or should the Contest be unable to run as planned for any other reason, the Sponsor and the Producer reserve the right, in their sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by the Sponsor. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s e-mail account to receive e-mail messages.

 

CAUTION: ANY ATTEMPT TO DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR AND/OR THE PRODUCER WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

 

 

 

10. Release

 

By participating in the Contest, the Participants agree to release, discharge and hold harmless the Sponsor, the Producer and each of their parent companies, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and right holders ('Released Parties'): from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to the Participants’ participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to the Participant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). The Sponsor and the Producer maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel in connection with the Contest; and will not be responsible or liable for any injury, expense, accident, delay, inconvenience or other irregularity that may be caused. Each Participant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. The Released Parties are not responsible for the actions of the Participants in connection with the Contest, including the Participants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest.

 

 

 

11. Suspension / Modification / Termination

 

In the event the Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, floods, epidemics, earthquakes, explosions, labour disputes or strikes, acts of God or public enemy, communications or equipment failure, utility or service interruptions, riots or civil disturbances, terrorist threats or activity, war (declared or undeclared), interferences with the Contest by any party, or any country, federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a "Force Majeure" event or occurrence), the Sponsor shall have the right to modify, suspend or terminate the Contest. The Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Contest should causes beyond the Sponsor’s control corrupt or (2) interfere with the administration, integrity, operation, security or proper execution of the Contest.

 

 

12. Governing Law / Limitation of Liability

 

Italy shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the Contest. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the Participants, the Sponsor, the Producer, or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of France, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws.

 

 

 

13. Submitted Information/ Use of Personal Data/ Privacy Policy

 

By participating in the Contest, you agree that your personal data may be collected and processed by the Sponsor and the Producer.

 

Please find the Designboom Privacy Policy page here and the Hermès Privacy Policy in Appendix 2.

 

These privacy policies apply to everyone who uses designboom.com website as of March 8th, 2019 and takes part in the Contest.

 

 

 

14. Change of Data

 

designboom.com offers a quick and easy way to change and update the personal data provided in the user account. The Participant may enter his/her user name and password to make the desired changes from here.

 

 

 

15. Validity of Official Rules

 

In the event that individual terms become entirety or partially invalid or impracticable, the validity of the remaining terms shall not be affected. Instead of the invalid or impracticable terms, the Parties will agree upon such reasonable terms that correspond as closely and legally as possible to what the Parties – if they had considered the matter initially in light of such invalidity or impracticability – would have agreed upon according to the sense and purpose of these terms. The same shall apply to omissions.

 

These Official Rules are filed with Jérôme LEGRAIN's Bailiff Office - 66 rue des Champs Elysées 75008 PARIS.

 

 

 

Appendix 1

 

GENERAL INFORMATION:

- Registration number or ID login (this number/login will be automatically generated once the candidate registers and will be useful when the candidate wants to complete his profile).

- Name + surname

- Type of candidate: solo / duo / collective artists

- Country of residence

- Email address

- Technique : drawing / painting / computer graphics / collage / print…

 

 

Appendix 2

 

PRIVACY POLICY
LE GRAND PRIX DU CARRE HERMES
Effective Date : March 8th, 2019

 

1. General Statement

We take your privacy very seriously and we are committed to protecting it. We believe that you should easily know what personal data we collect and use, as well as to understand your rights in respect of your personal data.

Our privacy policy (“Privacy Policy”) explains our policies and practices regarding how we collect, use, and disclose the personal data that we collect during our competition “Le Grand Prix du Carré Hermès”, (hereinafter “the Contest).

We recommend that you read this Privacy Policy carefully as it provides important information about your personal data.

Our Privacy Policy is designed so that you can easily reach the section you are interested in.

You can print the complete text of our Privacy Policy on https://www.hermes.com/dk/en/privacy-and-cookies-dk/. You may also ask for a copy of our Privacy Policy (See section “How to contact us?” below).

Do not hesitate to contact us should you have any questions or remarks about our Privacy Policy (See section “How to contact us?” below).

 

2. Who we are?

“Hermès”, "we" "us" and “our” refer to Hermès Sellier as the controller of your personal data, except otherwise stated in this Privacy Policy.

- Hermès Sellier is a French joint stock company with a share capital of € 4,976,000, located at 24, rue du Faubourg Saint-Honoré, 75008 PARIS, France, registered with the Paris Trade and Companies Registry under number 696 520 410 00023.

Hermès Sellier is a company of Hermès group. For further details on Hermès group, please visit http://finance.hermes.com.

You can find our contact details in section “How to contact us?” below.

 

3. What personal data do we collect and how is it collected?

Personal data is information relating to an identified or identifiable natural person. For example, it may include an individual’s name, address and gender.

We may collect personal data either directly from you (for example when you fill in an online registration form or indirectly (for example from your electronic devices that interact with the website www.designboom.com, our websites, electronic forms or mobile applications (“Digital Platforms”)). 

3.1 Information you provide directly to us

You may provide us with information:

- When you complete the online registration form on website www.designboom.com;

- When you participate in the Contest (including the information contained in the resume);

Depending on what you provide us with, such information may include:

- Your identity (including your first name, last name, gender, image);

- Your contact details (including your postal address(es), email address(es), phone number(s));

- Your personal status (including your title);

- Other information you may provide by filling forms or by contacting us (including your feedbacks, or other communications with us).

We will inform you when your information is required in order to process your request, to respond to your queries or to inform you that you are selected to compete. If you do not provide this information, then it may delay or prevent us from processing your request, responding to your query or inform you that you are selected to compete.

We hope to ensure that the personal data we possess are accurate at all times and therefore we encourage you to update your information in case any changes have occurred. We also may ask you to update your information from time to time.

We recommend that you only provide the data requested or necessary for your query, with the exception of any sensitive information related to racial or ethnic origin, political opinions, religious or philosophical beliefs, data concerning health, sex life or sexual orientation.

We remind you that we do not collect personal data of, persons who do not have legal capacity. Therefore, we ask you not to provide us with personal data of such persons.

3.2 Information indirectly collected

We may collect information when you use the Digital Platforms, such as your IP address or other browsing information (including browser, operating system, device model), through cookies or similar technologies placed on your device. Some cookies are required for the proper functioning of the Digital Platforms and other are used for analytics purposes which help us to provide you with more personalized and customized services and a better digital experience. For more information about cookies and to know how you can edit your preferences, please read the Cookie Policy on https://www.hermes.com/dk/en/privacy-and-cookies-dk/

 

4. Why do we collect your personal data and how do we use it?

We collect and use your personal data based on one or many of the following legal basis:

- we have obtained your prior consent (when you subscribe and register to the Contest). Please note that for this specific legal basis, you have the right to withdraw your consent at any time (see below “What rights do you have on your personal data?”);

- the processing is necessary in connection with any contract between Hermès and you (when you participate in the Contest and accept this Official Rules);

- we have a legitimate interest in carrying out the processing and that legitimate interest is not overridden by your interests, fundamental rights, or freedoms (for example, to prevent payment fraud);

- we have to process your personal data to comply with applicable laws and regulations.

Depending on the context, we may use your personal data in order to:

- manage the Contest you registered and/or participated in

- conduct checks to identify you and verify your identity;

- respond to your queries, requests and suggestions;

- monitor and improve the Digital Platforms;

- conduct statistical analysis;

- contact in the future other interesting and talented Participants for HERMES than the Final Winners, for any artistic project;

- provide information to regulatory bodies when legally required.

 

5. How long do we keep your personal data?

 

Your personal data are processed for the period necessary for the purposes for which they have been collected, to comply with legal and regulatory obligations and for the duration of any period necessary to establish, exercise or defend any legal rights.

In order to determine the most appropriate retention periods for your personal data, we have specifically considered the amount, nature and sensitivity of your personal data, the reasons for which we collected your personal data, the service you deserve and expect from us together with the applicable legal requirements. For example:

- With regard to our Participants: your data is stored for the duration of the Contest and for up to ten years and then deleted or archived to comply with legal retention obligations;

- With regard to the cookies used on Digital Platforms: they are stored for up to 13 months from the moment they were installed on your device.

 

 

6. How do we disclose and transfer your personal data?

We may disclose your personal data only to the parties indicated below and for the following reasons:

- We disclose your personal data to Hermès employees that need to have access to your personal data and are authorized to process them in order to achieve the aforementioned purposes and who are committed to confidentiality.

The Hermès group companies are located worldwide. As a result, personal data may be transferred outside the country where you are located. This includes transfers to countries outside the European Union (“EU”) and to countries that do not have laws that provide adequate protection for personal data according to the European Commission. 

To ensure lawful transfers of data, the Hermès group has implemented Binding Corporate Rules (“BCRs”) designed to allow Hermès group companies to transfer personal data from the European Economic Area (“EEA”) to other Hermès group companies located outside of the EEA in compliance with the European data protection law. These BCRs have been approved by the European data protection authorities. For more information on Hermès group’s BCRs, please visit https://www.hermes.com/fr/fr/bcr-eu/.

For countries where BCRs are not fully recognized as adequate mechanism, transfers are made on the basis of appropriate contractual clauses approved by the data protection authorities. To obtain a copy of the relevant adequate safeguards, you can send us your request (see below “How to contact us?”).

Please visit http://finance.hermes.com for more details about companies of Hermès group.

 

- We may also disclose personal data to third-party providers acting on behalf of Hermès and approved by Hermès. All such processing is based on our prior instructions set out in a binding contract that is compliant with the requirements of applicable law. Such disclosures are made for different purposes including:

-- IT development and support;

-- Launching and promoting the Contest on an online platform;

-- Data quality management services (standardization, deduplication,…)

These providers are committed to confidentiality and are not permitted to use your personal data for any other purposes. We also require them to use appropriate security measures to protect your personal data.

 

- We may be required by the binding requirements of an applicable law, or for the purposes of responding to legal proceedings or other lawful requests to disclose your personal data to authorities or third parties.

 

- We may also disclose or otherwise process your personal data, in accordance with applicable law, to defend our legitimate interests (for example, in civil or criminal legal proceedings). For example, we may disclose such personal data as necessary to identify, contact or bring legal action against a person or entity who may be violating our Terms and Conditions of Sale and Use, or who may be causing injury to, or interfering with, other users of our Digital Platforms.

 

- In the event that Hermès or Hermès group companies, or all or part of its or their assets, are acquired by a third party, your personal data may be included in the transferred assets.

 

7. How do we protect your personal data?

All your personal data is strictly confidential and will only be accessible, on a need-to-know basis, to duly authorized personnel of Hermès and other entities of the Hermès Group and third providers acting on our behalf with appropriate technical and organizational security safeguards.

The Hermès group has implemented security measures to protect your personal data against unauthorized access and use. We follow appropriate security procedures in the storage and disclosure of your personal data so as to prevent unauthorized access by third parties and to prevent your data being accidentally lost. We limit those who access your personal data to those who have a genuine business need to access it.  Those who do access your data are subject to a duty of confidentiality towards Hermès.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

We also require those parties to whom we transfer your personal data to comply with the same. However, unfortunately, the transmission of information via the internet is not completely secure. So, we cannot ensure the security of your personal data transmitted by you to us via the internet. Any such transmission is at your own risk and you acknowledge and agree that we shall not be responsible for any unauthorized use, distribution, damage or destruction of Your Information, except to the extent we are required to accept such responsibility under the law. Once we have received your personal data, we will use the security measures abovementioned.

 

8. What rights do you have on your personal data?

In accordance with the applicable data protection laws, you can, at any time, request access, rectification, erasure and portability of your personal data or restrict and object to the processing of your personal data. A summary of these rights is provided below:

Your right of access: the right to be provided with a copy of your personal data.

Your right to rectification: the right to require us to correct any mistakes in your data or to complete your information.

Your right to be forgotten: the right to require us to delete your personal data — in certain situations.

Your right to restriction of processing: the right to require us to restrict processing of your personal data — in certain circumstances, for example if you contest the accuracy of the data.

Your right to data portability: the right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party — in certain situations.

Your right to object to processing: the right to object:

- at any time to your personal data being processed for direct marketing;

- in certain other situations to our continued processing of your personal information, eg processing carried out for the purpose of our legitimate interests.

You may at any time decide to withdraw your consent to the processing of your personal data. If your consent is withdrawn, it does not prevent us from processing your personal data based on other legal bases if any, such as fulfilling your orders and storing your order data as required by applicable law.

You also have the right to lodge a complaint with your local data protection authority in case of alleged infringement of the data protection rules applicable to you.

To exercise any of those rights, please contact us using the contact information below (see “How to contact us”).

Please note that upon exercising any of the rights listed above, you will be requested to let us know what right you want to exercise and provide information (copy of an identity card, passport or other legally recognized identity) for identification purposes in order to process your request and protect you against fraudulent requests from third parties.

 

9. How to contact us?

In issues relating to your account, to withdraw your consent, to ask general questions or to lodge a complaint, please contact our  Service:

-- By email: [email protected]

-- By phone: 00 800 4112 2000

-- By mail: Hermès Sellier, Hermès Soie et Textiles Division, 24, rue du Faubourg Saint-Honoré, 75008 Paris (France)

In issues specifically related to Promotional Communications, we remind you that you can, at any time, directly unsubscribe through the “unsubscribe” link in any electronic promotional messages we send to you.  

If you have any questions or concerns about our Privacy Policy or data processing, you may contact our group Data Protection Officer at: [email protected]

 

10. Changes to our Privacy Policy

Our Privacy Policy reflects our current practices and is subject to change and update from time to time. When we post changes to our Privacy Policy we will modify the "Effective Date" at the top of this document to indicate when such changes have come into effect.

If we change our Privacy Policy in a material way, we will inform you through a notice advising of such change at the beginning of this Privacy Policy.

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