RULES OF THE GAME WITH MANDATORY PURCHASE “ART FOR EVERY CHILD”
Article 1 – Organiser, purpose and framework of the operation
1.1. The game with mandatory purchase “Art for Every Child” (the “Game”) is organised by the Fondation Art Explora, a foundation recognised as being of public utility, whose registered office is located at 9 place de la Madeleine, 75008 Paris, France (“Art Explora” or the “Organiser”).
1.2. The purpose of the Game is to support the public-interest missions of the Fondation Art Explora.
1.3. ARTERA, operating the Art.Private. brand, acts as operational service provider for the design, production and coordination of the project, in accordance with the terms contractually agreed with Art Explora.
1.4. The Game is organised in France. The applicable declaration formalities will be completed with the competent authorities. Participation takes place exclusively on the official website of the Game.
1.5. The Game is offered with mandatory purchase. Participation implies full and unreserved acceptance of these rules (the “Rules”).
1.6. The Game runs from 21 October 2026 to 20 April 2027, in accordance with the terms set out in Article 2.4.
Article 2 – General features of the Game
2.1. The price of one entry is set at twenty-five euros (€25).
2.2. The maximum number of entries issued is set at two hundred thousand (200,000), corresponding to maximum total sales of five million euros (€5,000,000), based on a unit price of twenty-five euros (€25).
2.3. The number of entries actually registered may be lower than the planned maximum number of entries.
2.4. The participation period of the Game begins on 21 October 2026 and ends on 20 April 2027, at the dates and times specified on the official website.
2.5. No extension of the participation period may take place without the prior approval of Art Explora, its legal counsel and the commissaire de justice, and without completion of the applicable formalities. Any change will be published on the official website and communicated to participants by appropriate means.
Article 3 – Main prize
3.1. The main prize is the following work: Henri Matisse (1869-1954), “Portrait de Femme, Nice”, 1942, ink on paper, signed, approximately 26 × 20 cm (the “Prize”).
3.2. The work is accompanied by provenance and authenticity documentation, including in particular a certificate of authenticity issued by Wanda de Guébriant on 5 January 2009. The available documents will be handed over to the winner together with the Prize.
3.3. The value of the Prize is set at one hundred thousand euros (€100,000). This value is indicative and constitutes neither a guarantee of resale price nor a commitment as to future value.
3.4. The Prize may not be replaced by a sum of money or exchanged at the winner’s request.
3.5. The Prize may be exhibited to the public during the campaign, in particular at Moderne Art Fair, at Art Paris and, subject to final confirmation, at artgenève, as well as at partner events.
Article 4 – Eligibility conditions
4.1. The Game is open to natural persons aged at least eighteen (18) years and having full legal capacity.
4.2. Persons residing in France or abroad may participate. Any person residing outside France must, before purchasing, verify that their participation in a game with mandatory purchase organised in France is not prohibited by a mandatory provision applicable to them in their country or territory of residence. To the fullest extent permitted by law, Art Explora shall not be held liable for a participant’s failure to comply with any such local rule.
4.3. Art Explora may refuse, suspend or block an entry or a payment where required by legal, regulatory, international sanctions, compliance, anti-money laundering, payment, fraud or Prize delivery constraints.
4.4. Legal entities may not participate.
4.5. The following are excluded: persons directly involved in the organisation or supervision of the draw within Art Explora, ARTERA / Art.Private. or the office of the commissaire de justice, as well as members of their household where their participation could compromise the impartiality of the draw.
Article 5 – Participation terms and purchase of entries
5.1. Participation in the Game, with mandatory purchase, takes place exclusively online on the official website.
5.2. The participant may purchase one or more entries for themselves or select the “Make a gift” option in order to assign one or more entries to a third party.
5.2.1. For a ticket purchased for themselves, the purchaser provides their surname, first name, email address and any information required for their identification, for payment and, where applicable, for delivery of the Prize.
5.2.2. For a gifted entry, the purchaser provides at least the surname and first name of the beneficiary (the “Beneficiary”), their email address and any information requested. The Beneficiary is registered as the holder of the ticket.
5.2.3. The Beneficiary is the sole holder of the gifted entry for the purposes of the draw. If that ticket is drawn, the Beneficiary – and not the purchaser – is the person who may be declared the winner. The Beneficiary must be of legal age and meet the eligibility conditions.
5.2.4. Where a purchaser or a Beneficiary resides outside France, it is their responsibility to verify that their participation is not prohibited by a mandatory provision applicable to them.
5.2.5. The purchaser guarantees the accuracy of the information relating to the Beneficiary and undertakes to inform them of the purchase, the identity of the Organiser, the Rules and the processing of their data.
5.2.6. Once payment has been validated, the Beneficiary may not, in principle, be substituted. Correction of a clerical error may be requested before the close of sales and remains subject to Art Explora’s approval.
5.3. Art Explora may request any proof of identity, age, residence or source of funds, or any information necessary for eligibility, compliance, fraud prevention or anti-money laundering checks.
5.4. Art Explora may implement enhanced checks above a certain amount, number of entries, purchase frequency or any other risk indicator determined with its compliance teams and its payment service provider.
5.5. Any attempt at fraud, identity theft, manipulation, money laundering or circumvention may result in the refusal of the order or the invalidation of the entry concerned.
Article 6 – Payment, validation and numbering of tickets
6.1. Payment is processed by a secure payment service provider contracted directly by Art Explora. Revenue from ticket sales is collected directly by Art Explora in accordance with the validated structure.
6.2. An entry is only definitively registered once payment has been effectively validated.
6.3. Each validated entry receives a unique number used for the draw.
6.4. An electronic confirmation is sent to the purchaser. For a gifted entry, it identifies the Beneficiary, and a separate notification may be sent to the Beneficiary.
6.5. Entries are firm and non-refundable once payment has been validated, except where a mandatory legal provision requires a refund.
Article 7 – Draw
7.1. The draw will take place on 21 April 2027. It will be held at Christie’s Paris, 9 avenue Matignon, 75008 Paris, France.
7.2. These Rules have been filed with SELARL ACTAY, associate commissaire de justice, 5 cité de Phalsbourg, 75011 Paris, France.
7.3. The entry file will be frozen at closing. Only entries corresponding to validated payments will be taken into account.
7.4. One main number and two reserve numbers will be drawn. The person registered as holder of the first validly drawn number will be declared the winner, subject to verification. For a gifted entry, the holder is the Beneficiary.
7.5. If the main holder is ineligible, cannot be identified or does not respond within the specified period, the reserves will be contacted in turn. Failing that, Art Explora may organise a new draw under the supervision of the commissaire de justice.
Article 8 – Notification and verification of the winner
8.1. The winner will be contacted by email and/or telephone using the registered contact details. For a gifted entry, Art Explora will contact the registered beneficiary.
8.2. Before delivery of the Prize, the winner must provide the information needed to verify their identity, age, eligibility and residential address and, if necessary, satisfy the applicable compliance checks.
8.3. The winner has thirty (30) calendar days from the first contact to respond.
8.4. In the absence of a response, or if the conditions are not met, the benefit of the prize may be transferred to the next reserve.
8.5. The winning number may be announced publicly. Any publication of the winner’s name or image will comply with the applicable rules.
Article 9 – Delivery of the Prize, transport, insurance and formalities
9.1. The practical arrangements for delivery will be agreed with the winner once their eligibility has been confirmed.
9.2. The Prize will remain insured under the policy taken out by Art Explora until its actual delivery to the winner or to the carrier appointed on the winner’s behalf.
9.3. Costs of transport, insurance after delivery, customs, import, export, local taxation or any other charge relating to the transfer after delivery are borne by the winner, unless Art Explora announces specific coverage before the draw.
9.4. The winner is responsible for the formalities required for the Prize to enter their country and for any applicable import/export restrictions.
9.5. The available authenticity and provenance documents will be handed over with the work.
Article 10 – Change to the participation period
10.1. Any change to the participation period set out in Article 2.4 must be approved in advance by Art Explora, its legal counsel and the commissaire de justice, and comply with the applicable formalities.
10.2. No change may be applied without prior publication on the official website and appropriate notice to participants.
10.3. Any changes will comply with the applicable legal and administrative framework.
10.4. The draw will take place in accordance with the terms set out in Article 7, subject to applicable mandatory provisions.
Article 11 – Operation of the website and technical incidents
11.1. Art Explora and its service providers use reasonable means to ensure the availability and security of the website, without guaranteeing uninterrupted operation.
11.2. Art Explora shall not be held liable for any incident arising from the user’s equipment, internet access, an operator, the payment service provider, a cyberattack or any external event reasonably beyond its control.
11.3. In the event of an incident affecting the integrity of the entries or of the file, Art Explora may suspend sales, neutralise the entries concerned or take any appropriate corrective measure.
11.4. Technical logs, payment data, databases and files kept by Art Explora and its authorised service providers may serve as proof of participation, payment or number allocation.
Article 12 – Personal data
12.1. The data collected are processed to enable registration, purchase for oneself or for a third party, payment, management of entries, the draw, compliance checks, verification of the winner, delivery of the Prize, participant support and compliance with legal obligations.
12.2. Art Explora is the data controller for processing relating to the organisation of the Game. ARTERA / Art.Private. and the service providers act in accordance with the roles defined in the applicable agreements.
12.3. The website’s privacy policy sets out the legal bases, retention periods, recipients, any transfers and the rights of data subjects.
12.4. Any use of the data by Art.Private. for its own marketing purposes is separate from participation and is subject to a separate choice where consent is required.
12.5. For a gifted entry, the Beneficiary’s data are used to assign and administer the entry, to inform them and, where applicable, to contact them if they are drawn.
Article 13 – Communication, name and image of the winner
13.1. Art Explora may announce the winning number and, subject to the required legal bases or agreements, the surname, first name, town of residence and information relating to the delivery of the Prize.
13.2. Any use of the winner’s image beyond strictly necessary information will be subject to an appropriate agreement.
Article 14 – Intellectual property
14.1. The “Art for Every Child” trademark, graphic elements, content, photographs and videos are protected under the rights of their respective holders.
14.2. The image of Henri Matisse’s work and the artist’s name are used in compliance with moral rights, photographic rights and the terms agreed with the relevant rights holders.
14.3. Participation does not entail any transfer of intellectual property rights.
Article 15 – Filing, consultation and changes
15.1. The final version has been filed with SELARL ACTAY, associate commissaire de justice, and may be consulted free of charge on the website.
15.2. Any change will comply with the framework of the prior declaration and will be published. Where it affects the rights or obligations of participants, appropriate notice will be sent to them.
15.3. The possible invalidity of any provision shall not affect the other provisions.
Article 16 – Complaints
16.1. Any question or complaint must be addressed to Art Explora within thirty (30) days following the draw or, for a complaint relating to a purchase, within a reasonable period from the event concerned.
16.2. The dedicated contact details will be indicated on the website.
Article 17 – Liability
17.1. Art Explora is liable for its obligations as Organiser within the limits provided by law and by these Rules.
17.2. Subject to applicable mandatory provisions, Art Explora shall not be held liable if a participant residing outside France has failed to verify the mandatory rules personally applicable to them.
17.3. Art Explora guarantees neither the future value of the Prize, nor its liquidity, nor any particular resale price.
17.4. Appropriate insurance will be maintained for the period during which the Prize remains in the custody or under the responsibility of Art Explora.
Article 18 – Governing law and jurisdiction
18.1. These Rules are governed by French law, subject to any mandatory provisions that may apply to a participant.
18.2. Any dispute not resolved amicably will be brought before the competent courts in accordance with the ordinary rules of law.
Article 19 – Language
19.1. These Rules are drawn up in French. An English translation is provided for information purposes only. In the event of any discrepancy, the French version shall prevail, subject to applicable mandatory provisions.
