1 - Organizers
The association ''IRCAD'', having its registered seat at HOPITAUX UNIVERSITAIRES DE STRASBOURG - 1 place de l'Hôpital, 67000 STRASBOURG - FRANCE, association governed by the clauses of articles 21 to 79 of the local Civil Code in force and in compliance with article 6 of the law of 01.06.1924, enlisted in the register of associations at the Magistrates' Court of STRASBOURG, volume LXIV n°119, on 13.04.1992, represented by its President, Professor Jacques MARESCAUX, duly empowered in this respect (hereinafter referred to as ''Organizers''), organizes a Competition in partnership with the KARL STORZ GmbH & Co KG company, company under German law, having its registered seat at MITTELSTRASSE 8 - 78532 TUTTLINGEN - GERMANY, inscribed at the register of companies at the Magistrates' Court of TUTTLINGEN under n° HRA 442 Tu, represented by Ms Sybill STORZ, who is duly empowered.
The '' Websurg Award '' Competition does not imply any obligation to buy and is valid from October 1st 2006 midnight, French time, until May 31st 2007 midnight, French time, on the internet Website www.websurg.com (hereinafter referred to as the ''Website'').
2 - Who can participate?
2.1 - The Competition is only open to people who are 18 years of age or more, who have an electronic address and an internet access. People who have a legal link with the Organizers are not eligible to enter or win a prize.
2.2 - Entries per participant are not limited.
2.3 - Entering the Competition does not imply any obligation to buy or order services and is free of charge.
2.4 - Upon written request to IRCAD ''WEBSURG AWARD'' COMPETITION, 1, Place de l'Hôpital - 67000 STRASBOURG, FRANCE, each participant can claim reimbursement, besides the cost of stamps for sending an entry, of participation costs i.e. the cost of the media used to transmit the film on a fixed basis of 10 euros for Dvcam, Hi8 mm, mini DV and 1 euro for DVD and Cd Rom as well as the cost for accessing the Website (cost of connection duration used to fill out forms required to enter the Competition), which is fixed according to the average connection time of entering internet users :
For duly registered participants entering the Competition from metropolitan France (including Corsica) via a modem and a telephone line charged by the minute - i.e. no cable subscription, ADSL and package including or offering communication costs - the connection costs for entering the Competition shall be reimbursed on the basis of 2 (two) minutes at 0,021 € (zero point zero twenty one euro including purchase tax) per minute (''off-peak'' France Télécom rate upon establishment of the present rules), that is to say 0,042 € (zero point zero forty two euro including purchase tax), including the indivisible minute time credit for the first minute at 0,11 € (eleven cents including purchase tax). These costs shall be reimbursed to entrants sending a written request, upon presenting or indicating cumulatively (1) their first name, last name, address, (2) the name of the Competition as well as of the website on which it can be accessed, (3) the start and end date of the Competition, (4) a copy of the front page of their internet access contract, indicating in particular their identity, the name of their internet provider and the description of the subscription, (5) particulars of their bank account or post-office bank account, (6) indicating the name of the Competition, date and time of communication on the Website, and more specifically Competition log-in and log-off times. Organizers temporarily and within legal limits keep the dates and times of Competition log-in and log-off of a given identifier (name, address, and if applicable username and password). Requests that do not include the abovementioned elements shall automatically be dismissed and shall not be answered.
2.5 - Entrants agree to receive commercial offers from the KARL STORZ company, sponsoring company of the Competition, if they check the corresponding box on the form.
2.6 - It is reminded that possible costs linked to Film realization, whatever they may be, for example but not restrictively the acquisition of equipment, time spent by volunteers or professionals etc, are under no circumstance considered as a participation cost by Competition and are not reimbursed by IRCAD.
3 - Announcing and promoting the competition
An advertising campaign on digital media (Internet) and paper ads distributed by IRCAD shall promote the Competition.
4 - Terms, entry deadline, winners
4.1 - Opening and closing date
The Competition is open from October 1st 2006 midnight, French time, until May 31st 2007 midnight, French time (hereinafter referred to as ''closing date''), date and time of Competition entry of the participant on the Website and receipt of the Films by IRCAD attesting of the validity of the entry date.
4.2 - Nature of the Competition and registration
4.2.1 Each entrant who wishes to compete has to realize one or several Films in minimally invasive surgery using Dvcam, Hi8 mm, mini DV, DVD or Cd Rom about one of the following 4 themes : intervention on an emergency case / exceptional aspect of a clinical case / new technologies / educational dimension. Hereinafter they are referred to as the ''Theme''.
4.2.2 To participate, each entrant has to be connected to and register on the Website and fill out the compulsory fields of the electronic registration form (username, first name, last name, birth date, address, email and film title). Incomplete, incoherent or unreliable registrations are ineligible to enter the Competition. The email of entrants has to be valid and to remain so throughout the Competition period until results are announced.
4.2.3 Entry is only validated once participants, after having read the rules of participation, click on ''I have read the Competition rules'' and confirm their acknowledgment by clicking on ''I accept the Competition rules''. Transmitted files shall be put on-line within forty eight (48) hours so that Organizers can check their conformity, more particularly in appliance of article 4.4.2 hereinafter.
4.2.4 Entrants expressly allow Organizers to display, reproduce and broadcast their Film(s) on the www.websurg.com Website or on any other website or media and all grant related intellectual property rights to IRCAD, all the abovementioned being free of charge.
4.2.5 Entrants have to realize one or several original Films, eligible formats being Dvcam, Hi8 mm, mini DV, Cd Rom. They have to be exclusively composed of elements of their own creation, with the exclusion of any other creation element of any nature - images, sound or other - that may or may not be subject to the protection or appropriation through bodily or incorporeal property rights (intellectual or industrial property rights, personality rights or other...). The presence of any of the abovementioned elements in a Film invalidates the participation in the Competition. The Film has to be edited, must not exceed twenty-five (25) minutes, be in English (however, if sent in another foreign language, a script in English must be included), must not feature any excessive musical background, but can integrate an abstract of 150 words maximum. It is expressly stated that the media containing the Film (Dvcam, Hi8 mm, mini DV, DVD, Cd Rom) shall not be returned to participants and shall remain absolute and exclusive property of Organizers from its receipt on and even after the definitive closing of the Competition.
4.3 - Guarantees of Participants
4.3.1 Participants guarantee that the Film(s) are original creations, as well as all elements composing them, and that their contents do not violate texts in force, in particular those regarding infringement, libel, morality or privacy and, more generally, French public order.
4.3.2 Participants guarantee that they alone hold all copyrights for the Film(s) and declare, where appropriate, that they have transferred the rights for their own benefit from any natural person or legal entity that contributed, on whatever account, to the creation and/or realization of the Film(s). Participants also guarantee having all authorizations from persons who are visible on screen.
4.3.3 Participants commit themselves not to offence rights of third parties and shall see, without this list being restrictive, to dismiss:
4.4 - Selection
4.4.1 Selection shall proceed in three steps :
4.4.2 Organizers reserve the right to dismiss Films at any moment that do not respect Competition rules, spirit and finality of the Competition or do not correspond to the Themes, technical criteria of participation, public order or morality. Participants who are the authors of selected Films shall be informed of their selection via email by the Organizers.
4.5 - Controlling entry or vote conditions
4.5.1 Should after control appear that one or several selected entrants did not have the quality to enter the Competition or made a false declaration, IRCAD shall award the prize originally destined for the contentious Film to the runner-up Film in the ranking.
4.5.2 Organizers reserve the right to perform any control and to dismiss any vote, any entry showing a lack of compliance with the present Competition rules, without however being obliged to systematically control all candidates or votes received via internet.
4.6 - Prizes
Winners shall be awarded :
No cash alternative or alternative prize is available on entrant request. It is stated that Organizers do not provide any warranty or support service, they only award the prize(s) featuring in the Competition.
Organizers reserve the possibility of replacing the prize(s) by alternative prizes of equal value in case of unavailability of that prize(s), no complaint is admissible from winners in this respect. However, should Organizers not be able to deliver the announced prize(s), due to reasons beyond their control or in case of non-delivery of the prize(s) by their partners, no cash alternative and/or alternative prize can be claimed. To be taken into account, possible complaints regarding prize attribution have to be sent to IRCAD - WEBSURG AWARD COMPETITION - 67000 STRASBOURG - FRANCE.
4.7 - Prize ceremony
Each entrant shall receive their prize at the address they indicated upon registration within a period varying according to the nature of the prize.
Organizers are not liable for delays and/or loss that may occur during the delivery because of postal services or conveyors, partial or complete destruction of prizes due to the transport or in case of malfunction of these services, or for any other fortuitous event.
Without prejudice on any legal proceeding and their possibility to cancel the registration of an entrant, Organizers are not obliged to send any prize to winning participants if they did not properly indicate their address upon registration, or if they obviously, with any means, forge the results of the Competition or did not conform to the present Competition rules.
Prizes are non-transferable, not marketable and can not be awarded or given up to any other person.
Prizes can not be contested, there is no cash alternative available and they can neither be exchanged nor replaced (Organizers however reserve the right to offer at any moment an alternative prize of equal value of proposed prizes).
Organizers reserve the right to modify the list of offered prizes at any moment and without prior warning. As far as possible, all modifications shall be notified to entrants.
Should prizes not be available any longer for reasons beyond Organizers' control, they commit themselves to replace them and shall offer winners prizes of equal nature and value.
5 - Limitations of liability
5.1 - Organizers are not responsible for the good functioning of the internet network, of the hardware and software equipment of participants or of the quality of their internet access. Participants have to make sure they are technically able to send all the elements required to enter the Competition before the expiry of the closing date and that the Film(s) sent to IRCAD run properly, in the format required for the Competition. Organizers can not be liable for a possible damage of the Film during its transfer.
5.2 - Organizers do not guarantee that the Website on which the Competition is accessible works without interruption or errors nor that a possible defective execution shall be corrected. Organizers do furthermore not guarantee that the Website on which the Competition is accessible and/or third websites to which it is linked do not contain any viruses or other computer programmes of any nature that might damage goods and people.
5.3 - Organizers shall on no account be liable for any damage or prejudice (material, financial or other) suffered by any person taking part in the Competition. Entry in the Competition implies acceptance of this essential and determining condition for Organizers.
5.4 - Organizers can not be held liable if, in case of circumstances or events beyond their control; in particular - but not restrictively - of an extraneous cause or a fortuitous event in the sense of the French civil law, they have to cancel, terminate, extend, postpone the Competition or modify the entry conditions (in particular regarding access mode to the Competition from the start of the Competition or during the Competition...) and conduct terms of the Competition.
5.5 - Organizers reserve specifically the option of extending the duration of any phase of the Competition, and therefore of postponing the Closing date, due to unsatisfactory contributions of entrants in quantity or quality or little votes from internet users. No responsibility of Organizers can be accepted for this decision.
5.6 - Winners commit themselves to preserve Organizers and their sponsors, partners and service providers of any damage they may suffer from their participation in the Competition.
6 - Consulting competition rules
The rules shall be sent, free of charge, to any person sending a written request before the Competition end (to be postmarked 31st May 2007 at the latest) to IRCAD ''WEBSURG AWARD'' COMPETITION, 1, Place de l'Hôpital - 67000 STRASBOURG, FRANCE. Do not forget to mention your first name, last name and address. Only one request shall be accepted per participant.
The rules can furthermore be consulted and printed from the Website. They are in French, version which solely prevails.
7 - Accepting competition rules
7.1 - By entering the Competition, participants agree to be bound by all these rules, which have the value of an agreement between Organizers and participants.
7.2 - Participants certify they satisfy the required conditions to enter the Competition, complying with the conditions of the present rules as well as with the applicable French laws and regulations.
7.3 - Any cheating or attempted cheating (in particular any missing information or false identity or address) or non-observance of the present rules or any malevolent intention to disrupt the conduct of the Competition shall automatically lead to the elimination of the participant. Organizers reserve the right to institute legal proceedings against that person.
7.4 - Participants disrupting the proper conduct of the Competition in any way shall be deprived of any right to win a prize, without prejudice to any legal proceeding the Organizers reserve themselves the right to expedite.
7.5 - Participants expressly accept all identity checks (false identity or address, unreadable or incoherent information automatically disqualify entrants from participation and from winning a prize).
8 - Personal details
8.1 - In compliance with the law n°75-17 of 6th January 1978, modified by the law n°2004-801 of 6th August 2004, entrants are informed that any missing answer to the fields that have compulsorily to be filled out when providing their personal details so as to enter the Competition shall automatically lead to the impossibility of taking part in this contest.
8.2 - Each entrant has an access and a rectification right on their personal details. They can check their rights by contacting IRCAD ''WEBSURG AWARD'' COMPETITION, 1, Place de l'Hôpital - 67000 STRASBOURG, FRANCE. IRCAD commits itself to answer within seven (7) days of receipt of the request via mail or email.
8.3 - Processing of entrants' details is exclusively used for the purpose of administering the Competition. These details shall not be kept beyond the date of the award ceremony, unless agreed by the entrant, as described in the aforementioned article 2.5.
8.4 - Details of entrants can only be accessed by Organizers and the possible informatics subcontractors of the Organizers within the exclusive framework of the implementation of data processing regarding the Competition.
8.5 - Entrants are informed that these personal details may be transmitted by Organizers to third parties, in particular to their partners and service providers. Entrants have the right at any time and free of charge to oppose, without motive, to the use of their details by a third party. Any data rectification upon entrants' request that has been registered by the Organizers shall be transmitted to third parties who are also addressed by this data.
9 - Industrial and intellectual property
9.1 - Any reproduction, representation or adaptation (in particular through translation) of all or part of the elements of the Website dedicated to promoting, organising and conducting the Competition or advertising it is strictly forbidden without prior and express authorization of Organizers.
9.2 - Competition entrants are expressly forbidden to disclose, even partly, under threat of ineligible participation and immediate elimination of the Competition, their Film to the public, under any kind of form, even as extracts, before the first disclosure by Organizers on the Website. This disclosure banning is a substantial and determining condition for Organizers, essential for them to accept the participation of a candidate.
9.3 - Copyright transfers
9.3.1 Extent of rights transferred
The participant commits himself/herself to transfer his/her exploitation rights that are both rights of reproduction and representation of films, texts, sketches, diagrams, and drawings provided.
9.3.2 Transfer of rights to contest organizing body
The participant commits himself/herself to grant the contest organizing body permission to exploit, reproduce, and represent his/her works in order to:
9.3.3 Duration of exploitation monopoly
The authorization given is valid for five years.
9.3.4 Place of exploitation
Transfer of rights has a worldwide effect since participation in the current contest has an international scope.
9.3.5 Free transfer of rights
The participant commits himself/herself to let the contest organizing body have full use of his/her work on a charge-free basis without ever claiming any form of payment in compensation.
10 - Applicable law and dispute settlement
10.1 - The Competition and the present rules are governed by French law and are subject to the exclusive jurisdiction of the French courts, notwithstanding the advertising of the Competition on internet websites hosted abroad and notwithstanding the nationality of entrants.
10.2 - No dispute or claim regarding the Competition shall be taken into account after 31st August 2007 midnight, French time.
10.3 - Any question regarding the implementation or the interpretation of rules or any unforeseen question arising within the framework of the Competition, shall be resolved by Organizers according to the nature of the question.