Terms and Conditions of Use for the “gotombola.co” Website

1 PRELIMINARY PROVISIONS

1.1 The Publisher.

GoTombola, a simplified joint stock company (SAS) with capital of €1,000, registered in the Beauvais Trade and Companies Register under number 905 398 129, with its registered office at 147, rue d'en Haut, 60250 ANSACQ (hereinafter “GoTombola”) publishes a software solution accessible via the website available at https://gotombola.co and its subdomains (hereinafter the “Site”).

The Site provides tools for the creation, management, and distribution of tickets for games, lotteries, and raffles, as well as general informational content relating to the company, its sector of activity, and the services it offers (the “Content”).

GoTombola is not the organizer of the raffles and lotteries hosted on the Site. Only GoTombola's customers (hereinafter referred to as the “Organizers”) organize these operations in their own name and under their sole responsibility, and use the tools made available by GoTombola.

1.2 Acceptance.

By connecting to the Site, browsing the presentation pages or the campaign pages created by third-party Organizers, the Internet user agrees, as a user (the “User”), to comply with these Terms and Conditions of Use (the “TCU”) and French law.

1.3 Scope of application.

The Terms of Use apply to the Website, all of its pages and URLs, and all of its subdomains (including pages dedicated to association raffles or company games, the application accessible at app.gotombola.co, and the help center accessible at help.gotombola.co), regardless of their hierarchical level.

1.4 Territories.

The Website and the services offered are accessible from the following territories: France and all countries in Europe, North America and South America, and North Africa. However, for legal, technical, or commercial reasons, access to the Website may be restricted from certain countries or territories.

1.5 Distinction between T&Cs and GTC.

These T&Cs are intended to govern the navigation and purely technical use of the Site. The purchase of services by an Organizer (creation of a raffle, subscription to a membership) or paid participation in a lottery by a player (purchase of a ticket) are additionally subject to separate and specific Terms and Conditions of Service (“TCS”) and, where applicable, to the specific terms and conditions of the products and services concerned.

1.6 Social media.

The use of Content on social media (Facebook®, X (formerly Twitter)®, LinkedIn®, Instagram®, etc.) is subject to both the User's compliance with the Terms of Use and the terms and conditions of use set by the operators of the social media platforms concerned.

1.7 Updates.

The applicable Terms of Use are those available online on the Website. The date of the last update of the Terms of Use is specified therein. GoTombola may modify the Terms of Use at any time. In the event that, following their modification, the Terms of Use remain accessible to the public via other websites or by any other means, they shall not be enforceable against GoTombola. Users are therefore invited to consult the latest Terms of Use on the Website.

1.8 Capacity.

Users declare that they have the legal capacity to accept the Terms of Use, in other words, that they have reached the age of majority and are not under guardianship or trusteeship. In the event that the internet user is a minor, they declare and acknowledge that they have obtained the authorization of their parents or the person(s) with parental authority, who agree to guarantee compliance with all the provisions of the Terms of Use and to be responsible for their children's use of the Content, aware that the information on the Site is intended for a wide audience.

1.9 Warning regarding the nature of activities (Dual Activity).

The Site hosts two distinct types of activities managed by third-party Organizers:

a) Non-profit sector: Raffles and charity lotteries with financial participation, organized by associations, sports clubs, schools, foundations, and other non-profit organizations as part of their fundraising activities.

b) Professional Sector (Business): Promotional games, commercial lotteries, events, or lead generation operations, generally free of charge, organized by companies, merchants, artisans, or CSEs as part of their commercial or communication activities.

These two activities are subject to different legal regimes, objectives, and legal constraints. The User must ensure that they identify the nature of the operation in which they are participating.

1.10 Regulatory compliance.

In general, the Site disseminates Content intended for an international audience. Depending on the User's country of residence, each state has its own policy on raffles, lotteries, and games of chance, with its own objectives in order to limit and regulate the offering and consumption of these games and to control their operation. The User must ensure that their use of the Site complies with applicable local laws and customs.

1.11 French regulatory reminder.

In France, it should be noted that non-profit organizations (associations, foundations, etc.) may organize a maximum of four raffles per year in accordance with current regulations. Professionals may organize commercial lotteries within the framework defined by law. It is the User's responsibility to take the necessary precautions to obtain information, seek advice, and verify that their use of the services offered by GoTombola complies with the regulations applicable to them.

2 MINIMUM SYSTEM REQUIREMENTS

2.1 In order to connect to the Site, access the Content, or participate in an operation, it is the User's responsibility to ensure that such access and use are made possible under the best conditions by installing the necessary and appropriate software, in particular a recent and up-to-date internet browser (Google Chrome, Mozilla Firefox, Safari, Microsoft Edge, or equivalent) and by having a stable internet connection.

2.2 Use of the Site requires a device with internet access. This device and connection are not provided by GoTombola, and all costs incurred by the User in order to access the Site are their sole responsibility.

3 ACCESS TO THE SITE

3.1 The Site is normally accessible worldwide. However, for legal, technical, or commercial reasons, access to the Site may be restricted from certain countries or territories.

3.2 Access to the Site and, through it, to the Content is, in principle, possible 24 hours a day, 7 days a week, except in cases of force majeure, events beyond GoTombola's control, possible Site failures, and maintenance interventions necessary for the proper functioning of the Site.

3.3 The User expressly accepts that in the event that the Site is inaccessible due to (i) maintenance operations carried out by GoTombola or (ii) difficulties related to the Site host, GoTombola shall in no way be held liable.

3.4 Access to the Site is free of charge. Only the subscription to certain paid services offered to Organizers is subject to detailed pricing in the GTC.

3.5 Customer service is available by email at contact@gotombola.co, as well as via the contact form accessible on the Site and via the messaging system integrated into the management interface for users with an account.

4 USER ACCOUNT

4.1 Account Creation.

The User may create a user account (hereinafter the “Account”) prior to or simultaneously with the use of certain services on the Site. The Account is a personal space made available to the User and protected by secure access. Creating an Account is free of charge and does not commit the User to purchasing any paid services.

4.2 Account Information.

The Account is created by the User by entering the information requested, including their email address and a password. The User undertakes to provide complete, accurate, and up-to-date information. They also undertake not to impersonate a third party or to conceal or modify their age.

4.3 Confidentiality of login details.

The username and password chosen by the User when creating their Account are unique, confidential, and personal. The User agrees to keep their username and password secret and not to disclose them in any form whatsoever. The User is solely responsible for the storage, use, and transmission of their username and password.

4.4 Account Security.

In the event of suspected misuse of their Account, Users agree to notify GoTombola immediately in order to change their password. In any event, any action taken from an Account will be deemed to have been taken by the User in whose name the Account is registered.

4.5 Account Features.

The Account allows the User to access information about their transactions, access and modify their personal information, contact GoTombola, and manage their collection transactions. The User may download and print the data associated with their Account at any time. The Account is accessible from any computer connected to the internet, via the Website.

5 COOKIES AND TRACKERS

5.1 Cookies are data in the form of text files, often containing a unique identifier. Cookies are sent by the website to the computer, smartphone, or tablet via the web browser and stored on the corresponding hard drive. Each website can send its own cookie, provided that the browser preferences allow it.

GoTombola uses cookies to facilitate navigation, secure participation forms, and measure audience size. Three types of cookies are used: temporary cookies, which are automatically deleted when the browser is closed; persistent cookies, which disappear when deliberately deleted or when they expire; and “web beacons” or “clear gifs,” which are electronic images. Cookies are used exclusively to enable or facilitate electronic communication and require the User's consent.

5.2 Each browser offers the option of setting rules to accept all cookies, be notified when a cookie is sent, or reject cookies. When the latter option is implemented by the User, it is possible that certain personalized features may not be provided to the User and that, as a result, it will be impossible to take full advantage of the features of the Content and Services offered by GoTombola, including purchasing tickets or logging into the Account.

5.3 On the Website, cookies store certain information relating to preferences and enable them to be adapted to the User's profile. Visiting the Website with your browser settings configured to accept cookies implies that you wish to use the Content and Services and that you consent to the use of cookies and other dedicated technologies.

5.4 The information provided by cookies helps to better interpret the User's browsing and their choice of Content or Services in order to offer them a better experience on the Site. In general, technical cookies do not contain any direct personal data, unless you are logged into an Account. However, when personal data is transmitted through the Content or Services, this personal data may be linked to cookies.

5.5 For more information on the use of cookies and the processing of personal data, the User is invited to consult the Privacy Policy available on the Site.

6 COMPLAINTS

6.1 For any questions about the Content or the technical functioning of the Site, Users should send their request to: contact@gotombola.co or by mail to: GoTombola, 147 rue d'en Haut, 60250 ANSACQ, France.

In order for the request to be processed, the User must provide the following information: (i) precise identification of the User, (ii) description of the nature of the facts justifying the request (erroneous content, malfunction of the Site, bug, illegal content, removal of Content) and the context in which they occurred, and (iii) the subject of the request and the reasons for it.

6.2 The request will be examined by the Site administrator, who will take the necessary steps to find an appropriate solution when deemed necessary.

6.3 Important - Complaints relating to the Organizers' operations.

For any complaint related to the organization of a raffle or lottery (receipt of a prize, date of the draw, refund of a ticket, dispute of the results), the User must contact the Organizer of the campaign concerned (Association, Company, or other) directly, as GoTombola is only the technical service provider supplying the software infrastructure. GoTombola cannot be held liable for any commitments made by the Organizers to participants.

7 INTELLECTUAL PROPERTY

7.1 The Website, its architecture, software, source codes, object codes, graphics, structure, tree structure, and the Content published by GoTombola (including text, videos, graphics, images, photographs, logos, icon buttons, audio files, and databases) are the sole and exclusive property of GoTombola, pursuant to the provisions of Articles L.122-6 et seq. and L.341-1 et seq. of the French Intellectual Property Code.

7.2 Use of the Site does not entail any transfer to the User of any intellectual property rights or other rights of any kind over the Site, the Content or any of its components. The provision of the Website does not imply any transfer of intellectual property rights in the Website or any of its elements, or in the associated documentation, which remain the exclusive property of GoTombola.

7.3 Use of the Site does not entail any transfer to the User of intellectual property rights in trademarks, signs, or names belonging to GoTombola or GoTombola's partners, in particular the “GoTombola” trademark and the associated logo. The User shall refrain from using them in any form whatsoever and for any purpose whatsoever, (i) without the prior written authorization of GoTombola or (ii) except to indicate, in the context of its use, the origin of the Content obtained and used.

7.4 Organizer Content.

Content specific to raffle and lottery campaigns (association logos, prize images, presentation texts, promotional visuals) remains the property of their respective authors, namely the Organizers. The User shall refrain from reproducing, downloading, modifying, or distributing such content without the prior written consent of the Organizers.

7.5 Limited license of use.

Subject to compliance with these Terms of Use, GoTombola authorizes the User to access and use the Site exclusively for personal purposes. The license thus granted to the User is strictly personal, non-exclusive, limited, non-transferable, non-sublicensable, and revocable in the event of non-compliance with these Terms of Use. GoTombola specifically draws the User's attention to the fact that no transfer of intellectual property rights may be included in their use of the Site.

7.6 Prohibitions.

Except as specified below, it is strictly prohibited to perform or assist a third party in performing all or part of the following actions:

Copying, storing, reproducing, transmitting, modifying, altering, imitating, decompiling, or disassembling the Site, including its Services and content in any way, or creating derivative works based on them;

- Use all or part of the Site, Services, or their content to create a tool or software that can be used to create software applications of any kind;

- Make all or part of the Site, Services, or their content available to the public in any way (transfer, rental, loan, distribution, reproduction, etc.), free of charge or for a fee;

- Alter all or part of the Site, Services, or their content, or circumvent any technology used by GoTombola or its licensors to protect any content accessible through the Site;

- Circumvent the Site's security measures and access any unauthorized part or feature of the Site;

- Use robots, automated programs, or scraping techniques to extract data from the Site (lists of participants, contact details, statistics);

- Attempt to fraudulently access the draw systems, other users' accounts, or GoTombolas technical infrastructure.

Any breach of the above may render the User liable, without prejudice to GoTombola's right to unilaterally delete the User's Account.

8 WARRANTIES AND ROLE OF THE PLATFORM

8.1 Role as technical service provider.

GoTombola takes the care and diligence normally required to ensure the technical availability of the Site and to distribute quality Content.

GoTombola acts as a technical service provider supplying software infrastructure to Organizers. It cannot be held liable for any warranty of any kind, whether implicit or explicit, concerning in particular the accuracy, completeness, availability, or reliability of the information published by Organizers on their campaign pages (value of prizes, legal compliance of the operation, game rules), or the suitability of the Content for the use that the User intends to make of it.

8.2 GoTombola may provide links on its Website (hypertext, “flash,” or any other system) that connect to and redirect to websites published by third parties, including payment partner websites (Stripe, HelloAsso, PayPal). When using these links, the User assumes all risks incurred by this action and takes all necessary measures for their protection, in particular that of their equipment against viruses, “trojans,” and “spyware.”

The presence of links on the Site does not in any way mean that GoTombola encourages, approves, is affiliated or associated with, or is authorized to use the brand names, trade names, logos, or symbols appearing on these third-party sites.

8.3 GoTombola is in no way responsible for third-party websites accessible via a link or information appearing on its Website. GoTombola is not responsible for the content presented and offered by third-party websites, advertisers, partners, or any other person providing information from the Website, in particular with regard to the quality, accuracy, timeliness, availability, reliability, completeness, or absence of infringement of the information provided by these third parties.

8.4 Exclusions of liability.

GoTombola declines all responsibility for:

- Any damage resulting from fraudulent intrusion by a third party leading to a modification of the information provided;

- Any inaccuracy, error, or omission relating to information on the Website;

- Any direct or indirect damage, regardless of the cause, origin, nature, or consequences, caused by anyone accessing the Site or being unable to access it, using the Site, and/or crediting any information coming directly or indirectly from it;

- The non-delivery of a prize by a third-party Organizer;

- Failure by an Organizer to fulfill its commitments to participants.

8.5 GoTombola cannot be held liable by the User for any damage resulting from the use of the Site, the Content, the inability to access the Site or the Content, a failure of the Site, or an interruption of the Site.

9 USER RESPONSIBILITIES

9.1 Use of the Site and Content is under the control, direction, and responsibility of the User.

9.2 The User undertakes not to make any use of the Site and the Content that is not authorized by GoTombola or that is likely to cause harm to GoTombola or third parties.

9.3 The User shall use the Site and the Content in such a way as not to cause damage, interruption, alteration, or malfunction of the Site and the Content.

9.4 Use of the Site and Content is reserved exclusively for private use by individuals for private purposes, or for use in the context of the activities of an organization (association, company, foundation, etc.) wishing to use GoTombola's services. The use of the Content for commercial or professional purposes other than in this context may be considered on condition that one or more written agreements authorizing such use have been concluded with GoTombola. Any other use, unless prior written authorization has been obtained from GoTombola, constitutes an infringement.

9.5 The User undertakes not to infringe any intellectual property rights, as defined in Article 7, belonging to GoTombola or its partners.

9.6 Users are strictly prohibited from reproducing, in whole or in part, the Content, data, and information consulted, extracted, or provided in connection with their use of the Site. This prohibition applies in particular to all components and elements present on the Site and in the Content, including: editorial elements (texts, articles, etc.); informative elements (databases, results, statistics, etc.); organizational elements (tabs, presentation of services and content, etc.); structural elements (tree structure, functioning of the Site, hypertext links, etc.); conceptual elements (Site model, promotional offers, distinctive signs, etc.); visual elements (brand names, domain names, logos, iconography, photographs, graphic charter, images, etc.); audiovisual elements (videos, tutorials, etc.); and sound elements.

9.7 Content published by the User.

The User declares that they are the legal owner or holder of the intellectual property rights relating to all content provided and/or published by them on the Website. The User undertakes to ensure that the content published by him/her on the Website is lawful, does not offend public decency, public order or the rights of third parties, does not violate any legislative or regulatory provisions and, more generally, is not likely to incur the civil or criminal liability of GoTombola.

9.8 The User is responsible for their actions, their writings (forms, comments) and, in general, their behavior on the Site. They are liable in the event of a violation of the Terms of Use and, more generally, of laws and regulations as well as Internet usage.

9.9 The User is solely responsible for their decision to subscribe to one of the paid services offered by GoTombola and for organizing their raffles or lotteries in compliance with the regulations applicable to them.

9.10 GoTombola is an online raffle and lottery management tool acting as a technical service provider. The use of this tool does not guarantee the success of the operation organized by the User and does not engage the responsibility of GoTombola with regard to the financial results of said operation.

9.11 Depending on the User's country of residence, each country has its own regulations governing raffles, lotteries, and games of chance. The User agrees to comply with the regulations applicable to them and assumes full responsibility for ensuring that their use of GoTombola's services complies with said regulations.

10 INFORMATION SHARING

10.1 The creation of hypertext links to the URL of the Site, its subdomains, or public campaign pages is authorized without prior agreement, on the sole condition that the page concerned appears in a new browser window (without the use of frames).

10.2 Unauthorized framing or the creation of links to any of the services is prohibited. Commercial advertisements and other forms of solicitation may be removed from User content without notice and may result in the deletion of the Account.

10.3 Sharing content (raffle and lottery campaigns, audiovisual, textual, advertising content, etc.) on social media is permitted without prior consent, provided that the User complies with the following two conditions: (i) the terms of use of the social networks on which they distribute the content and (ii) that no modification or alteration of the content is made by them with a view to distorting the scope or meaning of the information conveyed by its author or the owner of the property rights to said content, in particular regarding the charitable or commercial nature of the operation.

11 PERSONAL DATA

For any information relating to the processing of the User's personal data by GoTombola, the User is invited to consult the Privacy Policy available on the Website at the following address: https://gotombola.co/fr-fr/legal/politique-confidentialite/

12 APPLICABLE LAW AND DISPUTE RESOLUTION

12.1 The Terms of Use are subject to French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.

12.2 In the event of a dispute arising from the validity, interpretation, or execution of any of the provisions of the Terms of Use, the parties shall endeavor to resolve their dispute amicably.

12.3 Consumer mediation.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, GoTombola adheres to the E-commerce Mediator Service responsible for its sector of activity. The list of referenced consumer mediators is available on the website of the Ministry of Economy: https://www.economie.gouv.fr/mediation-conso/mediateurs-references

12.4 Online Dispute Resolution Platform.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union, accessible at: https://ec.europa.eu/consumers/odr

12.5 In the absence of an amicable agreement or mediation, any dispute shall be submitted to the competent courts of the jurisdiction of GoTombola's registered office, unless otherwise provided by public policy applicable to consumers.