GIFT CARD GAME RULES WITH OBLIGATION TO PURCHASE AND RANDOM DRAW
General
DAY USE, hereinafter “the Company”, a simplified joint stock company (SAS) incorporated under the laws of France with number 524 948 924 RCS Paris with its principal place of business at 5, rue Rochechouart, 75009 Paris, France, on behalf of itself is organizing a lottery with a purchase obligation from 05/12/2023 to 12/12/2023 (hereinafter "the Game") in France and the United Kingdom.
The purpose of these rules (hereinafter referred to as "the Rules") is to govern the conditions and organization of the Game.
1. Participants
This Game is open to individual, of age 18 or over as of 05/12/2023, residing in Metropolitan France (Corse included), and United Kingdom and booked with Dayuse within the last 18 months.The announcement of the Game will be sent to the e-mail address used to make the last reservation. Participation in the Game is conditional on adults having Internet access and a valid e-mail address on the date of the Game (hereinafter the "Participants").
Employees of the Company and their families are excluded from the Game.
The Participation to the Game implies acceptance, without reservation or restriction, of these Rules in their entirety, as well as of the laws and regulations applicable to free games and advertising lotteries. Failure by Participants to comply with these conditions will result in the cancellation of their participation and, where applicable, their liability.
Only participations that comply with all the conditions set out in these Rules will be accepted.
The Company reserves the right to ask any Participant to provide proof of the above conditions. Any person who does not meet these conditions or refuses to provide proof will be excluded from the Game and, if they win, will not be entitled to their prize.
2. Terms and conditions of participation
To take part in the Game, the Participant must:
- purchase a Dayuse Gift Card for a minimum value of €100 for Participants residing in France or £100 for Participants residing in the United Kingdom, on the Dayuse website or on the mobile application, between 05/12/2023 and 12/12/2023.
To make the purchase and validate his/her participation, the Participant must visit the Dayuse website (dayuse.com or linked domain dayuse.co.uk) or the Dayuse mobile application and purchase a Gift Card. The Participant must use a valid email address to purchase the Gift Card and validate its participation.
Participation is automatically validated by confirmation of the purchase of the Gift Card.
Each Participant may participate as many times as they wish. The creation of a customer account is not mandatory in order to participate.
Participants may not use the Game for purposes that would be contrary to the interests and image of the Game or the Company.
No financial consideration or expense in any form whatsoever, will be required in addition to the purchase of a Gift Card for participation in the Game
Any participation that is incomplete, inaccurate, falsified, contains false information that does not allow the Participant to be identified and contacted, does not comply with the Rules or is contrary to the General Terms and Conditions of Dayuse and General Terms and Gift Card Terms of Use will be considered null and void and will result in the elimination of the Participant.
The use of robots or any other similar process enabling the capacities/results of the options offered by the site to be improved mechanically or otherwise is prohibited, and any violation of this rule will result in the disqualification of the entrant for the entire duration of the Game.
3. Prize
The Prize below will be awarded to each of the 10 winners (hereinafter the "Winners", individually the "Winner").
The prize (hereinafter "the Prize") awarded to each Winner of the Game after the draw are as follows:
- 1 Dayuse Gift Card worth one hundred euros (€100) for Winners residing in France or one hundred pound sterling (£100) for Winners residing in the United Kingdom for each Winner to be used on the Dayuse website/application.
The Prizes may be used under the conditions defined in the Terms and Conditions of Use of the Dayuse Gift Card. The Gift Card is valid for twelve (12) months from the date of receipt. It can be used on one or more booking for a daytime reservation in eligible hotels in the same country of purchase and validity of the Gift Card purchased for participation in the Contest, in France or in the United Kingdom.
4. Designation of the Winners
The Game will close on December 12th 2023 at 11:59 pm, the Winners eligible for the Prizes will be designated by random draw from 13/12/2023. The draw will be made among the Participants whose participations comply with these Rules.
The status of Winner is subject to the validity of the Participant's participation and to the conditions defined in Article 2 and Article 3. An invalid email address or an incomplete entry will render the Winner's participation null and void and therefore disqualify him/her.
The Winners will be contacted by phone with an email containing the Prize. .
The Company reserves the right to refuse a Winner in the event of suspected cheating or use of an automated robot.
5. Sending of the Prizes
The Prize will be sent by the Company by email to the email address used to purchase the Gift Card from 13/12/2023. Under no circumstances may the Company be held responsible for the delay in making the Prizes available. The Company cannot be held responsible for sending the Prizes to an inaccurate email address due to the negligence of the Winner.
The Prize may not be the subject of any claim of any kind on the part of the Winners, with the exception of a malfunction during their use on the Dayuse website and app within the limits of the validity conditions set out in the Gift Card Terms of Use. The Prize awarded is non-transferable and may not give rise, on the part of the Company, to any exchange or remittance of their total or partial counter-value, in kind or in cash.
6. Liability and limitations
The Company shall not be held liable in the event of a malfunction of the internet or social networks involved, preventing access to the Game or its smooth running. The Company may not be held liable for any external malicious acts. In addition, the Company may under no circumstances be held liable in the event of e-mail delivery problems or technical problems causing difficulties in accessing the Internet or making it impossible to access.
In the event that the Company is unable to allow a Winner to benefit from his/her Prize, in whole or in part, in particular in the event of force majeure or an event beyond its control or of any error during the draw, or if circumstances so require, the Company may not be held liable as a result.
The Company reserves the right to shorten, extend, suspend, modify or cancel this Game if circumstances beyond its control force it to do so or in the event of force majeure. The Company reserves the right to cancel all or part of the Game if it appears that fraud has occurred in any form whatsoever, in particular by means of a computer system in the context of participation in the Game or by means of an automatic system designed to modify participation and/or the results of the Game. In such a case, it reserves the right not to award the Prizes to the fraudsters and/or to prosecute the perpetrators of such fraud before the competent courts.
The acceptance and use of the Prize by the Winner is under his/her sole and entire responsibility. Consequently, the Winner waives any action or claim against the Company and the Partner with a view to obtaining any financial compensation or compensation based on any prejudice caused by the acceptance and/or use of the Prize.
In any event, the Company may not be held liable for any incident and/or accident that may occur during the enjoyment of the Prize awarded or during the reservation made with the Prize and/or as a result of their improper use by the Winners.
It is specified for all purposes that the Company will not provide any service or guarantee related to the enjoyment of the Prize with the exception of assistance in the event of a malfunction of the Gift Card during its use on the Dayuse site or app. All costs relating to or necessary for the enjoyment of the Prize shall be borne by the Winners. No reimbursement or assumption of responsibility by the Company is due for any additional expenses
7. Availability of the rules
The rules are available free of charge to anyone who requests them from the following address:
Dayuse
Marketing Department
5 rue Marguerite de Rochechouart
75009 Paris
The full Rules can also be consulted online at: https://www.dayuse.co.uk/l/game-contest-rules
6. Disputes
Any disputes relating to the Game must be sent in writing by registered mail with acknowledgement of receipt, no later than thirty (30) days after the closing date for participation in the Game as mentioned in these rules, to the Company :
Dayuse
Marketing Department
5 rue Marguerite de Rochechouart
75009 Paris
Prior to any legal action relating to these Rules and their application, Participants undertake to make an amicable and informal appeal to the Company.
In the event of persistent disagreement, any dispute that cannot be settled amicably will be submitted to the competent courts having jurisdiction over the Company's registered office.
7. Applicable law and invalidity
These Rules are governed by French law.
The Company will decide any question relating to the application of these rules in accordance with French law.
If one or more provisions of these Rules are declared invalid and/or unenforceable, the other provisions shall remain in force.
8. Personal data
Winners are reminded that in order to receive the Prizes, they must provide certain personal information about themselves (name, first name, email address, telephone number). The information requested from Winners is essential for sending the Prizes. This information is recorded and saved in a computer file and is necessary for the draw and for awarding and sending the Prize. This information is intended for the Company and may be transmitted to its technical service providers for the purposes of organising the Game.
The personal data collected on a Winner when a Prize is awarded is subject to French and European legal and regulatory provisions relating to personal data. It is kept for a period equal to that of the contractual relationship and the duration of the Game, unless specific legal provisions state otherwise. In application of these regulations, the Winner has the right to access, rectify, delete, oppose, erase and port data concerning them, and if necessary after verification of their identity.
These rights may be exercised by post by writing to the following address:
Dayuse
Marketing Department
5 rue Marguerite de Rochechouart
75009 Paris
Or by e-mail to the following address: dataprivacy@dayuse.com. The Winner who exercises his/her right to object before his/her Prize has been sent will not be entitled to any compensation.