This English version is provided for information purposes only. In the event of any discrepancy, the French version prevails, and these terms are governed by French law.
The purpose of these General Terms and Conditions is to define the conditions under which the Services of the randraw.com website — hereinafter referred to as the “SITE” — are made available and used.
The SITE is created, developed and operated by Philippe BILLAULT, Saint-Ouen, France, SIRET 414032383, hereinafter referred to as the “PUBLISHER”.
This page contains the general terms and conditions of service (hereinafter referred to as the “GTCS”).
Use of the SITE is authorised solely for organising lawful prize draws; using the SITE for gambling or betting is strictly prohibited.
These GTCS apply without prejudice to the applicable legal provisions, in particular those set out in the French Consumer Code.
In this document, visitors to the site who do not register are hereinafter referred to as “USERS”. Members of the site who register on the SITE and provide their contact details are hereinafter referred to as “ORGANISERS”, in the sense of the organiser of a prize draw.
The services for running a prize draw with online publication are available through a ticket system, hereinafter referred to as a TICKET.
The SITE makes it easy to carry out various types of prize draw.
The SITE also allows you to run tests; you are strongly advised to test your prize draws before purchasing any services.
1) Free prize draws (without using a TICKET) are run by the USER's browser.
No data concerning these prize draws is sent to any server, apart from a simple statistical counter that increments each time a form is submitted.
The USER must understand that, since the prize draw runs in their browser, a recent browser supporting the latest JavaScript, CSS and HTML5 standards should be used.
2) Prize draws whose result is published online are run on the PUBLISHER's server.
This procedure allows the ORGANISER of the draw to guarantee to their community that they could not have rigged the prize draw.
All data entered in the prize-draw form is kept on our server for a period of 30 days to allow the PUBLISHER to check for any fraud, such as:
- the use of near-duplicate entries to give a participant a greater chance of winning,
- running several prize draws until obtaining a result that matches expectations,
- or any other cheating technique not detected by the SITE's automatic verification procedures.
Beyond 30 days, we keep only the data that the ORGANISER wishes to display publicly on the prize-draw result page; all other data is automatically destroyed.
Accordingly, anyone wishing to contest the fairness of the draw and to have the PUBLISHER carry out an audit of it must notify our services within this 30-day period.
If an audit is requested, the data will automatically be kept until the audit, and any resulting dispute, have been closed.
A certificate of integrity is granted automatically if, during an online prize draw, the site's automatic procedures have detected no irregularity or repetition.
Any withdrawal of a certificate must be justified by the PUBLISHER and notified to the ORGANISER.
We use several procedures to detect irregularities; some merely raise alerts to trigger a manual audit but do not prevent the certificate from being issued immediately.
The PUBLISHER nevertheless reserves the right to withdraw this certificate if fraud is discovered.
3) The ORGANISER of the prize draw must obtain all authorisations required for their information to be displayed or sent on the page of a subcontractor such as the PUBLISHER.
The PUBLISHER checks, stores and displays the prize-draw data solely as a subcontractor. It is clearly understood that this data does not belong to the PUBLISHER.
4) Deletion of a prize draw from our servers.
The organiser of a draw may request the deletion of one of their prize draws from our servers; however, to prevent fraud — in particular spam-type fraud (running several identical draws until obtaining a satisfactory result using one or more member accounts) — the data of a draw cannot be deleted before a reasonable period of 30 days following the date of the draw.
An ORGANISER may nevertheless request that one of their prize draws not be made public; but here again, to prevent any fraud, the ORGANISER's page will indicate that a private draw was carried out on the date of that draw. Alongside this notice, the ORGANISER may publicly state the reasons for their withdrawal request.
To use the SITE's free services, it is not necessary to create an ORGANISER account.
However, during promotional periods you may receive a free TICKET to run an online draw that is normally chargeable; in this case, opening an account is required since the service offered is normally paid for.
To use the paid services, a valid ORGANISER account must be created. The customer creates their ORGANISER account on the SITE. The customer provides all required information (in particular email address and identity) and undertakes that all information thus provided is accurate and kept up to date throughout the term of the Contract.
At any time during the Contract, the PUBLISHER reserves the right to check the accuracy of the information provided and to request supporting documents. The PUBLISHER reserves the right not to activate, or to deactivate, the ORGANISER account in the event of incomplete, incorrect or fraudulent information.
Once their account is activated, an ORGANISER may order TICKETs. TICKET orders are placed directly from the ORGANISER's Profile page. Any TICKET order placed from the ORGANISER's profile page is deemed to have been placed by the ORGANISER and is binding on them.
TICKETs are made available immediately (except in cases of force majeure, in particular relating to the payment system).
TICKETs are used to run a prize draw. Normally, one TICKET is required per prize draw. You may create your prize draw before buying a ticket; only publishing it online and revealing the result requires the use of a ticket:
- the SITE is designed to guarantee draws with a reasonable number of participants. Accordingly, the PUBLISHER does not guarantee that a draw with more than 5,000 participants will run without problems, nor if the number of characters entered in the forms exceeds 100,000 characters.
- in large draws, many factors come into play, some directly related to the ORGANISER, such as: the quality of their internet connection, the power of their computer, and their browser settings.
- if something should go wrong during a draw, the ORGANISER may request a refund for that draw from the PUBLISHER.
- cup-style draws may require a TICKET for each round; note that the PUBLISHER offers a draw with the rounds calculated in advance, in which case only a single TICKET is required.
A TICKET given during promotional periods for creating an account is valid for 15 days.
Purchased TICKETs have an unlimited lifespan.
The organiser may unsubscribe from the SITE at any time by going to their profile page.
Any unsubscription from the SITE takes effect immediately; it will no longer be possible to access the account and its content will be taken offline.
During the account-closure period, the ORGANISER's email address will continue to be processed in order to prevent the creation of a new account using the same email.
All data associated with the account will be destroyed within 30 days.
Terminating an ORGANISER account ends ownership of the associated TICKETs, with no automatic refund.
ORGANISERS can set, individually for each of their prize draws, how long it stays online.
At the end of the online period, the draw's data is destroyed.
1) Each ORGANISER may publish online prize draws (free during promotional periods, or paid) on the SITE. The ORGANISER is solely responsible for the content they publish. Consequently, the PUBLISHER, in its capacity as host of the service within the meaning of French Act No. 2004-575 of 21 June 2004 on confidence in the digital economy, cannot be held responsible for the content published by ORGANISERS on the SITE, over which the PUBLISHER exercises no power of control or supervision. The ORGANISER expressly undertakes, on pain of incurring criminal or civil liability, that the messages they publish shall not be liable to:
- infringe the intellectual property rights of third parties; in this respect the ORGANISER undertakes not to reproduce or communicate to the public on the SITE or via the Application any material protected by copyright, registered as a trademark, or more generally protected by any other intellectual property right held by third parties, without the prior consent of the holder(s) of such property rights,
- contain computer viruses liable to interrupt, destroy or impair the functioning of the SITE or of the SITE's visitors,
- glorify crimes or contain messages that are illegal, threatening, or of a paedophilic, pornographic, defamatory, obscene, hateful, racist or revisionist nature, or contrary to public order or morality,
- harass, or infringe the privacy or dignity of third parties,
- incite violence, fanaticism, crime, suicide or hatred,
- endanger the physical or mental health of others or oneself, in particular by making reckless bets,
- discriminate on the grounds of religion, race, sex (other than for mixed-gender draws), sexual orientation or ethnicity,
- promote or encourage any criminal activity or undertaking,
- solicit and/or disclose passwords and/or personal information for commercial or unlawful purposes,
- send email chains, unsolicited mass mailings, instant messages, unwanted advertising messages or unsolicited mail,
- contain addresses or hyperlinks pointing to external sites whose content is contrary to the laws and regulations in force, infringes the rights of third parties, or is contrary to these terms,
- this list is not exhaustive but merely gives some possible examples.
2) The PUBLISHER stores ORGANISERS' passwords in an encrypted and secure form, using a cryptographic salt.
The PUBLISHER cannot therefore be held responsible for any failure to keep the ORGANISER's password safe and confidential outside its own network, nor for any use of the account by a third party to whom the ORGANISER has disclosed their login details and password, or who has gained access to the ORGANISER's login details or account as a result of the ORGANISER's fault, carelessness or negligence.
The ORGANISER undertakes not to use the account, username or password of another ORGANISER.
The ORGANISER warrants the accuracy of the information provided to the PUBLISHER for the purposes of registration and undertakes to notify the PUBLISHER of any subsequent changes.
3) The ORGANISER acknowledges that, should their use of the SITE breach these GTCS and more generally the laws and regulations in force, the PUBLISHER reserves the right to take their content offline immediately.
4) In the event that the ORGANISER commits an offence against the legislation in force, the PUBLISHER reserves the right to provide to any legitimate authority (court, administrative authority, police services), upon request, any information enabling or facilitating the identification of the offending organiser.
1) It is expressly agreed that the PUBLISHER may not be held liable on any ground whatsoever for the content published on the SITE by ORGANISERS.
2) It is expressly agreed that the PUBLISHER may in no event be held responsible for disputes that may arise between individuals following a prize draw carried out via the SITE.
3) As a mere publisher of a service, the PUBLISHER cannot guarantee the quality of the Internet network or access to it, and cannot guarantee that there will be no interruption of service inherent to the Internet network.
1) ORGANISERS and USERS are invited to report to the PUBLISHER, under the alert procedure described below, any fraudulent use of the SITE of which they become aware, and in particular any message whose content breaches the prohibitions set out above or, more generally, the laws and regulations in force.
- a description of the disputed facts and their precise location on the SITE,
- the reasons why the content should be removed, including reference to the applicable legal provisions.
The ORGANISER is informed that the PUBLISHER may, in accordance with the law, remove any information or content, or make access to it impossible, as soon as it becomes aware of its manifestly unlawful nature.
The general structure of the SITE is the exclusive property of the PUBLISHER or is used by the PUBLISHER under licence.
Any reproduction or representation, in whole or in part, of the SITE or of its constituent elements by any means whatsoever, without the express authorisation of the PUBLISHER, is therefore prohibited and would constitute an infringement punishable under Articles L. 335-2 et seq. of the French Intellectual Property Code.
Any hyperlink to the SITE using the “framing” or “in-line linking” technique is strictly prohibited.
The PUBLISHER reserves the right to develop its services, in particular by making new features available or by modifying features currently offered to ORGANISERS from the SITE.
The PUBLISHER reserves the right to amend these GTCS at its discretion. The PUBLISHER will inform each ORGANISER by email, at the address given on their Profile, of any amendment to these GTCS at least one (1) month before it takes effect. Should the organiser not accept these amendments, they are free to unsubscribe from their Profile as indicated above. Failing unsubscription, the new general terms and conditions of service will then apply no earlier than one (1) month after receipt of the notice of amendment to the GTCS.
We listen to our USERS and ORGANISERS in order to improve or create features on the SITE.
The SITE provides USERS with a “give my feedback” form that they can use for this purpose.
ORGANISERS, for their part, may contact customer service, whose role is to answer questions about the Services offered by the PUBLISHER.
An ORGANISER may contact Customer Service via a form on their profile page.
The PUBLISHER will respond to requests within a reasonable time, depending on the urgency of the request, but cannot give any guarantee or assurance of any kind that requests will receive a response within a time frame matching the ORGANISER's expectations, or that the response will be fully satisfactory to them.
Should any provision of these GTCS be declared invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain applicable unchanged, except where the contract could not survive without it.
These GTCS are governed by French law and subject to the French courts.
Any complaint relating to the application of these GTCS must be sent to the PUBLISHER via the form accessible from the ORGANISER's profile page.
If a complaint submitted under the conditions described above is unsuccessful, and in accordance with the provisions of the French Consumer Code, the ORGANISER has the right to use, free of charge, the mediation service offered by the PUBLISHER.
MEDIATOR'S ADDRESS
In the event of a dispute, the parties shall seek an amicable solution before any legal action. Should these attempts fail, any dispute as to the validity, interpretation and/or performance of these GTCS must be brought — even where there are multiple defendants or a warranty claim — before the competent courts of Paris.