RULES OF PROMOTIONAL GAMES
OF THE DOMO APPLICATION
Any participation in a game on the DOMO application is governed by these rules (the "Rules").
Akatsuki Limited, LLC, a company/entity under Maltese law with a share capital of [insert share capital], registered in Malta under number C 109512, with its 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 called "DOMO" (the "Application").
The Organizing Company organizes promotional games, including by random draw, (the "Games") to promote the products it markets on the Application (the "Products").
For each Game, the Organizing Company defines, in specific terms displayed on the Application: (i) the participation period for the Game, (ii) the Prizes at stake, (iii) the date of the draw, and (iv) the period within which the winner(s) of the draw will be contacted to receive their Prize.
Participation in a Game is open exclusively to persons who cumulatively meet the following conditions no later than the date of their participation (the "Participants"):
The specific terms of each Game specify the number of entries allowed per Participant. Any participation in a Game constitutes unconditional 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 may require proof from the Participant of compliance with the Rules as a condition for validating participation.
The Organizing Company will invalidate any participation contrary to the Rules without prior notice. Any attempt at unfair participation, fraud, or incitement to circumvent the participation conditions of the Game exposes the Participant to permanent exclusion from the Game, the Application, and possibly legal action.
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 and Conditions of Use and Sale of the DOMO Application, which are available at any time in the Application.
The Participant must also complete the following steps during the participation period for the Game specified in the specific terms of each Game:
Any incomplete, incorrect, or non-compliant registration will be considered null and void and will not be taken into account.
The Participant may not 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 a Participant may use is free, unless otherwise indicated in the specific terms of the Game, and is the sole responsibility of each Participant.
The Organizing Company provides an alternative means of participation by allowing any Participant to obtain participation tokens without purchasing Products, by sending a written request to participate in the Game by post to the Organizing Company's address indicated at the end of the Rules, at no cost other than the postage for the request. The postmark will be used to determine the validity of the participation request. The Organizing Company will allocate the requested number of tokens to the Participant, up to a limit of ten tokens per request. The Participant must still complete all necessary steps to register for the relevant Game in order to record their participation.
Each Game is a random draw organized to promote the Products of the Organizing Company.
Any valid participation in a Game allows the Participant to be entered into the draw for the Prizes presented in the specific terms of the Game. The chances for a Participant to be drawn increase proportionally with the number of participation tokens used for the Game.
When specified in the specific terms of the Game, participation in the Game also allows the Participant to take part in a promotional activity such as an "instant win" or "100% winning game" and to win a promotional benefit offered by the Organizing Company or one of its partners.
Each draw is conducted by the Organizing Company or by any person it designates and by a reliable and secure electronic means. The date of the draw is specified in the specific terms of each Game, available on the Application, and is necessarily after the end of the Game participation period.
Unless otherwise indicated, a number of Participants equal to the number of Prizes (the "Winners") plus ten additional Participants will be drawn, the latter being placed on a waiting list as alternates.
When the Prizes are of unequal value, they are awarded in the order of the Winners drawn, in descending order of 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 expressly indicated in the Game participation area, 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 issued on the Application and each Participant is refunded the tokens used for the relevant Game. The tokens are re-credited to their virtual wallet on the Application within no more than seventy-two (72) hours from the notification.
Within a maximum of seven (7) calendar days from the draw, the Organizing Company will contact the Winners using the contact details provided in the Application. Winners have seven (7) calendar days from notification of their win by the Organizing Company to confirm in writing their wish to receive the awarded Prize.
If confirmation is not received within the deadline, or in case of invalidation of participation, the Organizing Company may reallocate the Prize to another Participant drawn from the waiting list, under the same conditions. In this case, the initial Winner cannot make any claim and is not eligible for any compensation.
Participants not drawn will not receive any notification.
The number, nature, product reference, and indicative market value of each prize announced for a Game (the "Prize(s)") are detailed in the specific terms of each Game. Some minor characteristics (e.g., color) may be subject to change depending on the availability of Prizes provided by the Organizing Company's partners. Any illustrations used on the Application are not contractually binding.
The Organizing Company may substitute a Prize with another of reasonably comparable nature, quality, and value in case of unavailability of the initially planned Prize or for any other reason beyond the Organizing Company's control. If no satisfactory replacement prize is available, 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 in person at a suitable location determined by the Organizing Company as close as possible to the Winner's postal address, exclusively in mainland France.
The Winner does not pay any fees related to the postal delivery of their Prize. Any travel expenses incurred by the Winner to collect a Prize that cannot be sent by post are their responsibility.
Ownership and risk are transferred to the Winner upon delivery of the package to the Post Office, in the 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 benefit in place of the Prize. However, the Organizing Company may offer the Winner the option to receive an immediate and final sum of money instead of the Prize. This alternative option is at the discretion of the Organizing Company. If the Winner opts for the cash alternative, they waive any claim related to the Prize.
Winners expressly authorize the Organizing Company to mention their name and distribute their image on all usual communication media of the Organizing Company, for the purpose of promoting the Products and the Application, for a period not exceeding three (3) years from the relevant draw. Each Winner may at any time object to all or part of this communication by informing the Organizing Company by post at its address indicated at the end of the Rules or by email at: 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 the 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 the sole responsibility of the Participant, who assumes all risks and hazards that may result.
The Organizing Company is not responsible for the costs, hazards, interruptions, or failures of internet and other telecommunications connections that the Participant may encounter when using the Application and registering for a Game. Consequently, the Organizing Company is not liable for any compensation, of any kind, including loss of opportunity, in the event of failure to register a participation for a reason not exclusively attributable to it. The Organizing Company does not guarantee continuous and error-free accessibility to the Application.
The Organizing Company may present communication materials, texts, images, and hyperlinks to third-party websites, including those of its partners providing Prizes for the Games. The Organizing Company exercises no editorial or technical control over these third-party sites and content, which are provided for informational purposes and for the convenience of the Participant. Visiting these third-party sites and content is the sole 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 provider of the Prizes offered in the Games, which are provided by third-party partners. Consequently, the Organizing Company cannot be held responsible for defects, hidden faults, non-conformities, delivery delays, or any other problem affecting the Prizes. Any claim relating to a Prize must be addressed directly to the relevant partner, whose contact details will be provided to the Winner upon delivery of their Prize. The Organizing Company provides no express or implied warranty regarding the Prizes.
The Organizing Company cannot be held liable in the event of (i) modification of the Rules, including the specific terms of a Game, even during the Game, (ii) cancellation or postponement of a draw in accordance with the Rules, (iii) delay in announcing Winners or delivering a Prize resulting from force majeure, an unforeseeable and insurmountable act of a third party, or any other cause beyond the Organizing Company's control.
The conditions under which the Organizing Company may collect and process Participants' personal data in connection with the registration and administration of their participation in a Game are detailed in the Privacy Policy available prior to downloading the Application and at any time on the Application.
The User agrees that connection and navigation data relating to their use of the Application shall be deemed proof, unless proven otherwise, to establish any possible breach of the Rules, in accordance with Article 1356 of the French Civil Code.
The Rules, the Application, and the Games are presented and written in French. In the event of a translation, including by automatic translation when displaying a web page, only the original French version of the Rules, the Application, and the Games shall prevail.
The Rules and the Games are governed by French law.
Any dispute relating to participation in or the conduct of a Game and any dispute arising from the application of the Rules falls under the jurisdiction of the Judicial Court of Marseille.
Before taking any legal action, the Participant must send their complaint to the Organizing Company within one (1) month from the date of the draw for the Game concerned by the complaint, by registered letter with acknowledgment of receipt to the following address:
23 FL 3/11 'SOUTH HOUSE', TRIQ HOMPESCH, FGURA, FGR 2010, Malta
The Participant and the Company undertake to make a serious and good faith effort to resolve the dispute amicably.
The Rules can be freely consulted and saved on a durable medium from the Application. The specific terms of each Game are accessible on the page of the Application dedicated to the relevant Game.
Any Participant may request the Organizing Company to send them by email a copy of the Rules and the specific terms of a Game by sending their request to: marketing@playdomo.com and providing the email address to which they wish to receive this copy.
Version of 02/06/2024
