PROMOTIONAL GAMES RULES
OF THE DOMO APPLICATION
Any participation in a game on the DOMO application is governed by these rules (the "Rules").
The company Akatsuki Limited, LLC, a Maltese company with a capital of [enter share capital], registered in the Maltese register under number C 109512, with registered office at 23 FL 3/11 'SOUTH HOUSE', TRIQ HOMPESCH, FGURA, FGR 2010, Malta (the "Organizing Company") organizes games accessible on the mobile application designated under the name "DOMO" (the "Application").
The Organizing Company organizes promotional games, notably by drawing lots, (the "Games") to promote the products it sells on the Application (the "Products").
For each Game, the Organizing Company defines, in specific terms displayed on the Application: (i) the Game participation period, (ii) the Prizes at stake, (iii) the date of the draw, and (iv) the deadline within which the winner(s) of the draw is (are) contacted to receive their Prize.
Participation in a Game is open exclusively to persons who cumulatively meet the following conditions at the latest on the date of their participation (the "Participants"):
The specific terms of each Game specify the number of participations authorized per Participant. Any participation in a Game implies unreserved acceptance of the Rules and the specific terms of the Game which supplement and form an integral part of the Rules.
The Organizing Company may at any time check compliance with the participation conditions and make the validation of a participation conditional on the Participant's proof of compliance with the Rules.
The Organizing Company invalidates any participation contrary to the Rules without being required to give prior notice. Any attempt at unfair participation, fraud or incitement to circumvent the Game's participation conditions exposes the Participant to permanent exclusion from the Game, from the Application, or even to legal proceedings.
To register for a Game, the Participant must have purchased one or more Products from the Organizing Company, under conditions governed by the General Terms of Use and Sale of the DOMO Application which can be consulted at any time in the Application.
The Participant must also complete the following steps during the Game participation period specified in the specific terms of each Game:
Any incomplete, erroneous registration or one not complying with these steps will be considered null and void and will not be taken into account.
The Participant cannot use more tokens than they have in their account. Once participation is validated, the Participant cannot cancel their participation or recover the tokens used.
The number of participation tokens that a Participant can use is free, unless otherwise indicated in the specific terms of the Game, and is the sole responsibility of each Participant.
The Organizing Company opens an alternative participation route by allowing any Participant to obtain participation tokens outside of Product purchases, by sending during the participation period of a Game a written request to participate in that Game, by post to the address of the Organizing Company indicated at the end of the Rules, without exposing any other costs than those related to the stamped sending of the request. The postmark serves as proof for assessing the validity of the participation request. The Organizing Company allocates to the Participant the number of tokens requested up to a limit of ten tokens per request. The Participant remains required to complete all steps necessary to register for the Game concerned in order to record their participation.
Each Game is a drawing organized to promote the Organizing Company's Products.
Any valid participation in a Game allows the Participant to be in the running for the draw awarding the Prizes presented in the specific terms of the Game. A Participant's chances of being drawn evolve proportionally to the number of participation tokens used for the Game.
When the specific terms of the Game provide for it, participation in the Game also allows the Participant to participate in a promotional animation of the "instant winner" or "100% winning game" type and win a promotional advantage offered by the Organizing Company or one of its partners.
Each draw is carried out by the Organizing Company or by any person it designates and by reliable and secure electronic means. The date of the draw is specified in the specific terms of each Game, available on the Application, and necessarily follows the closure of the Game participation period.
Unless otherwise indicated, a number of Participants equal to the number of Prizes (the "Winners") plus ten additional Participants are drawn, the latter being registered on a list as alternates.
When Prizes are of unequal value, their allocation is done in the order of Winners drawn, following decreasing value.
The Organizing Company may postpone or cancel the draw if, at the end of the Game participation period, the total number of tokens used by Participants is less than the minimum threshold of tokens expressly indicated in the Game participation space, or if at least one of the Prizes is missing and could not be replaced by a prize of comparable nature, quality and value.
In case of cancellation, a notification is broadcast on the Application and each Participant is returned the tokens used for the Game concerned. The tokens are recredited to their virtual wallet on the Application within a period not exceeding seventy-two (72) hours from the notification.
Within a maximum period of seven (7) calendar days from the draw, the Organizing Company contacts the Winners based on the contact details filled in the Application. The Winners have a period of seven (7) calendar days from notification of their win by the Organizing Company to confirm in writing their wish to benefit from the awarded Prize.
In the absence of confirmation within the deadline, or in case of invalidation of participation, the Organizing Company may reallocate the Prize to any other Participant drawn on the alternate list, according to the same terms. In this case, the initial Winner cannot make any claim and is not eligible for any compensation.
Participants not drawn do not receive any notification.
The number, nature, product reference and indicative market value of each prize announced for a Game (the "Prize(s)") is detailed in the specific terms of each Game. Some minor characteristics (e.g. colors) may be subject to modification depending on the availability of Prizes provided by partners of the Organizing Company. Any illustrations possibly used on the Application have no contractual value.
The Organizing Company may substitute a Prize with another of reasonably comparable nature, quality and value in case of unavailability of the Prize initially planned or for any other reason beyond the control of the Organizing Company. In the absence of a satisfactory replacement prize, the Organizing Company may postpone or cancel the draw under the conditions of the Rules.
Prizes are delivered to Winners, depending on the nature of the Prize, by post or by hand delivery at an appropriate location determined by the Organizing Company as close as possible to the Winner's postal address, exclusively on the territory of metropolitan France.
The Winner pays no fees related to the postal delivery of their Prize. Any travel expenses for the Winner to the location of delivery of a Prize that cannot be sent by post remain their responsibility.
Transfer of ownership and risks operates for the benefit of the Winner upon delivery of the package to the Post Office, in case of postal delivery, or upon hand delivery of the prize to the Winner.
The Winner cannot require the Organizing Company to receive a sum of money or any other advantage in place of the Prize. However, the Organizing Company may offer the Winner to opt for immediate and full receipt of a defined sum of money in place of Prize delivery. This alternative option is at the discretion of the Organizing Company. In case of option for the sum of money, the Winner waives any claim related to the Prize.
Winners expressly authorize the Organizing Company to mention their name and broadcast their image on all usual communication media of the Organizing Company, for purposes of promoting Products and the Application, and for a period not exceeding three (3) years from the draw concerned. Each Winner may at any time object to all or part of this communication by informing the Organizing Company by post at their address indicated at the end of the Rules or by email at the following address: marketing@playdomo.com.
Each Participant is solely responsible for the reliability, security and compatibility of the equipment and software they use to access the Application and participate in Games, as well as the quality of their internet connection and access to telecommunications networks. Access to the Application and participation in each Game are done under the Participant's entire responsibility, who assumes all risks and perils that may result.
The Organizing Company is not responsible for costs, hazards, interruptions or failures of connection to the Internet and other telecommunications networks that the Participant might encounter when using the Application and registering for a Game. Consequently, the Organizing Company owes no compensation, of any nature whatsoever, including for loss of opportunity, in case of failure to take into account a participation for a cause not exclusively attributable to it. The Organizing Company does not guarantee continuous and error-free accessibility of the Application.
The Organizing Company may present communication elements, texts, images and hypertext links to third-party websites, notably those of its partners providing Prizes for Games. The Organizing Company exercises no editorial or technical control over these third-party sites and contents, which are offered for information and the Participant's convenience. Consultation of these third-party sites and contents is done under the exclusive responsibility of the Participant, who acknowledges that the Organizing Company cannot be held responsible for their content, accuracy, availability, legality or security.
The Organizing Company is neither the manufacturer nor the usual seller or service provider of Prizes offered in the context of Games, which are provided by third-party partners. Consequently, the Organizing Company cannot be held responsible for defects, hidden defects, non-conformities, delivery delays, or any other problem affecting Prizes. Any complaint relating to a Prize must be addressed directly to the partner concerned, whose contact details will be communicated to the Winner with delivery of their Prize. The Organizing Company provides no warranty, express or implied, concerning Prizes.
The Organizing Company's liability cannot be engaged in case of (i) modification of the Rules, notably the specific terms of a Game, including during the Game's progress (ii) cancellation or postponement of a draw in application of the Rules, (iii) delay in announcing Winners or in delivering a Prize resulting from force majeure, an unforeseeable and insurmountable act of a third party, or any other cause external and independent of the Organizing Company's will.
The conditions under which the Organizing Company may collect and process personal data of Participants in the context of registration and administration of their participation in a Game are detailed in the Privacy Policy accessible prior to downloading the Application and at any time on the Application.
The User accepts that connection and navigation data relating to their use of the Application serve as proof until proven otherwise to establish any breach of the Rules, in accordance with Article 1356 of the Civil Code.
The Rules, the Application and Games are presented and written in French. In case of translation, including through automatic translation when displaying a web page, it is recalled that only the original French version of the Rules, Application and Games is authoritative.
The Rules and Games are governed by French law.
Any dispute relating to participation or conduct of a Game and any dispute arising from application of the Rules falls under the jurisdiction of the Marseille Judicial Court.
Prior to any legal action, the Participant sends their complaint to the Organizing Company within one (1) month from the date of the draw of the Game concerned by the complaint, by registered letter with acknowledgment of receipt at the following address:
23 FL 3/11 'SOUTH HOUSE', TRIQ HOMPESCH, FGURA, FGR 2010, Malta
The Participant and the Company undertake to seriously and in good faith attempt to resolve amicably the dispute raised by the Participant.
The Rules may be freely consulted and saved on durable media from the Application. The specific terms of each Game are accessible on the Application page dedicated to the Game concerned.
Any Participant may request that the Organizing Company send them by email a copy of the Rules and specific terms of a Game by sending their request to the following address: marketing@playdomo.com and providing the email address to which they wish to receive this copy.
Version of 06/02/2024
