Article I: Organization
The DON’T NOD ENTERTAINMENT company, a limited company located at 11 rue de Cambrai – Parc du Pont de Flandre – 75019 Paris (hereinafter the “Organizing Company”), is organizing a free game (with no obligation to purchase) which will take place from 8 June 2024 (at 6:00 p.m.) to 26 June 2024 (at 11:00 p.m.), French dates and time, entitled “Who said what” (hereinafter the “Game”) and accessible exclusively via DON’T NOD official social networks.
Article II: Conditions of participation in the Game
Participation in the Game is open to any natural person of legal age on the date of their participation who has, on the start date of the Game, an Internet access and a personal email address at which they may, if necessary, be contacted for the needs of the management of the Game (hereinafter the “Participant”).
Participations of people working for or on behalf of the Organizing Company are excluded, as well as, more generally, all people having participated directly or indirectly in the development and/or the completion of the Game as well as, for each of the above categories, their family members (same name, same postal address).
It is specified that the number of participations per person is limited to one (1) during the entire duration of the Game.
Only participations that comply with all of the above stipulations will be accepted. In this regard, the Organizing Company reserves the right to make all necessary checks regarding the identity, age and contact details of each Participant. Any incomplete, erroneous, or falsified information that does not allow the Participant to be identified or located will result in the cancellation of his or her participation.
Article III: Conditions of participation
To participate, each Participant must:
• View the dedicated social media post on DON’T NOD official social accounts to participate between the start and before the end of the Game;
• Read the present Game Rules;
• Guess which Aspiration said which quote presented in the social media post announcing the contest;
• Participate in the contest by sharing their answer under the dedicated social media post announcing the contest.
Article IV: Conditions for designating and informing winners
The selection of the winning Participant(s) (hereinafter collectively the “Winner”) will be made as specified as follow:
- By drawing of lot between the correct answers by representatives of the Organizing Company within seven (7) days following the closing date of the Game.
Winner will be informed of his winning within seven (7) days following the draw by the Organizing Company, via email or any other electronic message of the Organizing Company’s choice. Winner must confirm via message within seven (7) days following this contact that he accepts his prize and communicate his postal address. In the absence of express acceptance and confirmation of his postal address according to the above-mentioned terms, or in the event of express renunciation by the Winner of his prize within the said period, the prize would be lost for this Winner. In this case, the designation of a new Winner will be made as quickly as possible by the Organizing Company.
Article V: Description of the prize
The Game includes the following prize:
– 1 Harmony Vip Kit (1 Tarot deck, 1 six-sided die, 6 Aspirations cards, 1 Ursula’s poem, 1 QR code containing Spotify playlists by Aspiration, 1 Poster signed by the team)
The value indicated above corresponds to the public price, all taxes included, commonly practiced or estimated on the date of writing of these rules. It is given for information purposes only and is subject to variation.
The prize cannot be the subject of any dispute of any kind from the Winner. The prize awarded is strictly personal and nominative so that it cannot be transferred or sold to any third party; under no circumstances will it be subject from the Organizing Company to a refund in cash or to any exchange or remission of its total or partial equivalent value. It is non-transferable, and cannot be sold. However, in the event of force majeure, the Organizing Company reserves the right to replace all or part of the announced prize with any other prize of equivalent value.
Article VI: Delivery and use of the prize
The Organizing Company (or any dedicated subcontractor) will send to the Winner his prize to the postal address that he has communicated within approximately thirty (30) days from the date of his acceptance of said prize.
The delivery of the prize, although carried out in the best interest of the Winner, will be carried out at the risk of the Winner.
It is specified that the Organizing Company will not provide any service or guarantee linked to the use of the prize, its only obligation consisting of the free shipping of the prize of the Game. Given that the prize having been customized, it is likely that its owner cannot benefit from the manufacturer warranty and/or associated legal guarantees in the event of alteration of its proper functioning, which each Participant accepts.
Article VII: Access to the Game Rules
These rules can be consulted and downloaded free of charge online at the following link: https://dont-nod.com/en/game-rules-who-said-what/
It can also be sent free of charge to any person by making a written request, accompanied by a postal address, to the following address (hereinafter the “Address of the Game”): DON’T NOD ENTERTAINMENT – Service Marketing & Communication – 11 rue de Cambrai – Parc du Pont de Flandre – 75019 Paris.
The Organizing Company undertakes to reimburse, upon simple written request to this effect accompanying the request for payment, the postage costs linked to this request, on the basis of the slow rate in force (base: 20g). Only one request per person (same name, postal address) will be taken into account and reimbursed.
In all cases, any incomplete or illegible request sent to an address other than that mentioned above or sent after the end of the Game, the postmark being taken as proof, will be considered void.
Reimbursement will be made by bank transfer for a value equivalent to or immediately greater than the amount to be reimbursed within an indicative period of ninety (90) calendar days from receipt of the request.
In the event of an extension or possible postponement of the Game, the deadline for sending requests for payment and reimbursement of the related postage costs will be postponed accordingly.
Article VIII: Compliance with the conditions of participation
Participation in the Game implies unreserved acceptance of these regulations in their entirety. The Organizing Company reserves the right to verify the accuracy of the data provided by Participants. Failure to comply with the conditions of participation set out in these regulations and, in general, any inaccurate or misleading declaration, any fraud, will result in the disqualification of the Participant. No telephone or written request will be answered regarding the interpretation or application of these rules, the mechanisms or terms of the Game as well as the name of the Winner.
The Organizing Company reserves the right, for any reason whatsoever, to shorten, extend, postpone or cancel the Game or to modify the conditions of access and/or the operating methods, subject to proceed by amendment to this rules.
Article IX: Intellectual property
The DON’T NODTM and Harmony: The Fall of ReverieTM brands, as well as any communication media relating to the Game, remain the exclusive property of the Organizing Company.
Article X: Responsibilities
The responsibility of the Organizing Company is strictly limited to the dispatch of the prize actually and validly won and according to the conditions set out in these rules.
It is expressly recalled that the Internet is not a secure network. In this regard, participation in the Game implies knowledge and acceptance, by any Participant, of the characteristics and limits of the Internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible viruses on the Internet network.
Consequently, the Organizing Company cannot be held responsible in particular for contamination by possible viruses or the intrusion of a third party into the terminal system of the Participants in the Game and declines any responsibility for the consequences of the connection of the Participants via the Page.
In particular, the Organizing Company cannot be held responsible for any damage caused to Participants, their computer equipment and the data stored there, as well as any consequences that may result from this on their personal or professional activity. It is up to all Participants to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack. The connection of any person to the Page and their participation in the Game is done under their entire responsibility.
The Organizing Company also disclaims any liability in the event of a malfunction of the Internet network, telephone lines or reception equipment preventing the smooth running of the Game.
The Organizing Company cannot be held responsible in the event that one or more Participants are unable to connect to the Page or compete due to any problem or technical defect linked in particular to network congestion.
The Organizing Company cannot ultimately be held responsible for any damage caused to third parties or to the rights of third parties by the Participants. Given the characteristics of the Internet network, such as the free capture of the information disseminated and the difficulty, or even the impossibility, of controlling the use which could be made without its knowledge by third parties, the Organizing Company cannot be held responsible for any fraudulent use of the Winner’s connection or prize allocation rights, unless the existence of gross negligence can be demonstrated.
The Organizing Company will make its best efforts to allow access to the Game on the Page at any time, without being under any obligation to achieve this. The Organizing Company may, at any time, in particular for technical reasons or any reason for updating or maintenance, interrupt access to the Page. The Organizing Company will in no way be responsible for these interruptions and their consequences.
In addition, the Organizing Company cannot be held responsible under any circumstances in the event of poor functioning of the Internet network, delivery problems or loss of postal or electronic mail as well as any damage resulting from postal services.
Generally speaking, the Organizing Company may cancel all or part of the Game if it appears that fraud has occurred in any form whatsoever, in particular electronically in the context of participation in the Game or determination of the Winner. In this case, it reserves the right not to award the prize to a fraudster and/or to prosecute the perpetrators of this fraud before the competent courts. However, it cannot incur any liability of any kind towards Participants due to any fraud committed.
It is understood that if the Game is offered via one or more “social media” type platforms, the companies operating these platforms are neither partners, nor guarantors, nor linked in any way to the Organizing Company or to the Game.
Article XI: Force majeure
The responsibility of the Organizing Company cannot be incurred, in general, in the event of force majeure or fortuitous event beyond its control (in particular technical problems, etc.) disrupting the organization and management of the Game, such that it would be shortened, extended, postponed, modified or cancelled.
Force majeure means any unforeseen, insurmountable event beyond the control of a person capable of releasing them from their responsibility or releasing them from their commitments, according to the case law of the Court of Cassation.
Article XII: Personality Attributes
By the sole reason of their participation in the Game, each of the Winners authorizes, free of charge, the Organizing Company to use their name, pseudonym, first name(s), image as well as, where applicable, all other attributes of their personality, as soon as they have been made available to the Organizing Company as part of its participation in the Game, for the purposes of communication relating to the Game exclusively, by all digital and/or analog processes, on all media, for the entire world and for a period of five (5) years from the end of the Game.
Article XIII: Personal data protection
The personal data communicated by the Participants may be subject to process by the Organizing Company, responsible for this processing of personal data.
The personal data collected as part of the Game are intended to be processed in order to manage participation in the Game, to communicate about the Game within the limits provided for in Article XII of the regulations, to contact the Winner, in pursuit of the legitimate interests of the Organizing Company, or in order to respond to any request from any data subject. The Organizing Company is the only one with the right of access to the recorded data, which is not intended to be transmitted outside the European Union.
The Organizing Company will retain personal data only for the period necessary to pursue the purpose of the processing set out above, and in accordance with the applicable regulations.
In accordance with Law No. 78-17 Informatique et Libertés of January 6, 1978, as amended and EU Regulation 2016/679 known as the General Data Protection Regulation, Participants have the right to object to the personal data processing. However, in the event that a Participant exercises his right of opposition, he will see his participation automatically cancelled, his personal data being necessary for the management of his participation.
Participants also have a right of access, rectification, deletion, limitation or portability of personal data by writing to the Address of the Game, or privacy@dont-nod.com. Everyone also has the right to lodge a complaint with a supervisory authority.
In accordance with French Law No. 2004-575 of June 21, 2004, for “Confidence in the Digital Economy”, Participants may express their consent to the personal data being used for commercial prospecting purposes by the Organizing Company by email, by checking the box provided for this purpose in the form accessible online.
Article XIV: Dispute resolution, applicable law and attribution of jurisdiction
If one or more provisions of these rules were declared null and/or not applicable, the other provisions would retain their full force and scope.
Participants acknowledge without reservation that the simple fact of participating in the Game obligatorily subjects them to French laws, in particular for any dispute which may arise as a result of the Game which is the subject of these present rules, or which would be directly or indirectly linked to it, without prejudice of any conflict of law rules that may exist.
Any dispute arising from the Game will be the subject of an amicable settlement between the Organizing Company and the Participant. No dispute will be admissible two (2) months after the closing of the Game. In the absence of any settlement, the dispute will be submitted to the materially competent courts within the jurisdiction of the Paris Court of Appeal and in accordance with the provisions of the French Code of Civil Procedure.