PRIZE DRAW
“Deezer x Sonos End of the Year Giveaway” Terms and Conditions
ARTICLE 1 – ORGANIZATION
DEEZER S.A., a company established under the laws of France with registered offices at 24 rue de Calais, 75009 Paris – France, with registration number 898 969 852, (hereinafter “Deezer”) publishes and exploits communication services to the public by electronic mean, by free or paid subscription, from the URL http://www.deezer.com and/or mobile apps (hereinafter, the “Deezer Platform”).
Deezer is organizing from December 11th, 2023, 12pm to December 21st, 2023, 11:59pm a free prize draw with no obligation to buy entitled “Deezer x Sonos End of the Year Giveaway”: (hereinafter referred to the “Prize Draw”).
The Prize Draw is open to any eligible individual as defined below, via the Deezer Community website: https://de.deezercommunity.com/ (hereinafter the “Website").
Participation in this Prize Draw implies full and unconditional acceptance of the present terms and conditions (hereinafter the "Terms and Conditions") by the Participant (as defined in Article 3). Any violation of the present Terms and Conditions may result in immediate disqualification of the Participant from the Prize Draw.
ARTICLE 2 – DESCRIPTION OF THE PRIZE DRAW
The concept of the Prize Draw is the following:
In order to promote the Deezer Platform, Deezer is organizing the Prize Draw via the Website for its users to give them a chance to win a Sonos Roam Speaker and a twelve (12) months subscription to the Deezer Premium service (the “Prize”).
ARTICLE 3 – CONDITIONS OF PARTICIPATION
The Prize Draw is open worldwide to any user over 16 years old registered on the Website, with or without a subscription to the Deezer Platform (the “Eligible User(s)”).
It is specified that any individual related to the organization, directly or indirectly, of the Prize Draw, all Deezer employees and their families are not authorized to participate in the Prize Draw.
ARTICLE 4 – PROCESS OF THE PRIZE DRAW
4.1. On December 11th, 2023, a communication about the Prize Draw (hereinafter the “Communication”) will be posted on the Website, detailing the rules of the Prize Draw, consisting of two (2) games within the Website.
4.2. To be registered in the Prize Draw, each Eligible User must:
- Enter the Website and log in to or create an account;
- Read the Communication;
- Complete the two (2) games set out in the Communication as follow:
-
- Game 1: Submit a comment to find the missing hidden letters or characters of the URL set out in the Communication;
- Game 2: Submit a comment by posting a holiday movie title with the last letter of the previous one. Participant can enter multiple times but there needs to be another’s Participant comment in between.
-
- Leave a comment under the Communication giving the correct answer to the hidden question, inaccordance with the instructions listed in the Communication.
-
- By leaving a comment under the Communication, the Eligible User confirm its intention to enter the Prize Draw and accept the Terms and Conditions.
-
- Each Eligible Users who correctly completed the process detailed hereabove is considered a “Participant”.
ARTICLE 5 - WINNER DETERMINATION
The drawing will be conducted by a Deezer staff member on December 22nd, 2023 and will randomly select one (1) winner among the Participants (the “Winner”).
The Winner will be notified by (i) Deezer with regard to the 12-month subscription prize and (ii) Sonos with regards to the Sonos Roam Speaker prize, at the earliest convenience after the draw by direct message via the Website and will ask the Winner for personal data (email address, name and address) in order to deliver the Prize if needed (hereinafter the "Notification").
From the date of Notification, the Winner will have fourteen (14) calendar days to claim the Prize by email to Deezer and Sonos.
In the event that the Winner remains unreachable or fail to claim the Prize within the time period provided for in these Terms and Conditions, Deezer will select one (1) backup winner among the Participants (the
“Backup Winner”). In the same manner as the Winner, the Backup Winner will receive a Notification and from the date of the Notification, will have fourteen (14) calendar days to claim the Prize by email to Deezer.
ARTICLE 6 – PRIZE AND DELIVERY
6.1 Winner or Backup Winner drawn in accordance with the conditions set forth in Article 5 will receive the Prize as described below:
- A Sonos Roam Speaker valued at £179 (one hundred and seventy-nine pounds); and
- A twelve (12) months Deezer Premium Subscription, valued at £144 (one hundred and forty-four pounds).
-
- The Prize is nominative, non-separable, non-transmissible, non-exchangeable against another object or service and cannot be exchanged for cash money.
-
- In the event where the Prize would not be available for any reason whatsoever, Deezer reserves the right to substitute or not a different prize.
-
- Except in the case of gross negligence on its part, Deezer declines any responsibility or liability of any kind in relation to the successful reception of the Prize (which will be operated by Sonos by postal mail).
-
- Sonos will assume the shipment and the cost of the delivery of the Sonos Roam Speaker.
ARTICLE 7 – MODIFICATION AND CANCELLATION
Deezer reserves the right to cancel, shorten, extend, modify or postpone the Prize Draw at any time, without being held liable. To the extent possible, these modifications or changes will be the subject of prior information by any appropriate means and a modification of the Terms and Conditions.
ARTICLE 8 – DECISION OF THE ORGANISERS AND FRAUD
The Participants authorize all verifications concerning the information sent to Deezer with respect to its participation to the Prize Draw. Any inaccurate or misleading information could result in the disqualification of the Participant. Only one entry per person (same username, IP address (Internet Protocol) and same email address) is allowed for the duration of the Prize Draw. In case of fraudulent application, the participation will be totally invalidated.
The fraud or attempted fraud by a Participant including the creation of false identities allowing to register several times may be sanctioned by the formal and definitive prohibition to participate in the Prize Draw or the non-delivery of the Prize, without Deezer being held liable.
In particular, those who, by any means whatsoever, attempt to modify the Prize Draw, in particular in order to modify their results, will be excluded. The same Participant cannot participate to the Prize Draw (i) with multiple email addresses or (ii) participate for the benefit of someone other than himself or herself.
Participants who attempt to participate by means such as automatic participation, programs developed for automated participations, use of information, electronic mail or customer numbers other than those corresponding to their identity and address and more generally by any means inconsistent with each
Participant’s equal opportunity to win would be automatically eliminated, without Deezer being held liable.
Deezer may cancel all or part of the Prize Draw if it appears that fraud has occurred in any form whatsoever, as part of the participation in the Prize Draw or the determination of the Winner. It reserves the right, in this case, not to allocate the Prize to fraudsters and / or to initiate any legal action against the perpetrators of such frauds.
Any entry that is incomplete, illegible, considered inaccurate, received before or after the timeframe set out herein will be deemed inadmissible.
ARTICLE 9 – LIABILITY OF THE ORGANISING COMPANY
9.1. Deezer shall not be held responsible for network, computer, hardware or software failures of any kind, which may restrict or delay the sending or receipt of an entry.
9.2. In the event of non-performance of its obligations under the present Terms and Conditions, Deezer shall not be held liable in any way whatsoever if this non-performance is due to a case of force majeure (strikes, major computer bug or any other cause beyond the control of Deezer).
9.3. It is expressly pointed out that the Internet is not a secure network. Therefore, Deezer shall not be held responsible for contamination by any viruses, intrusion, malicious acts by a third party into the system of the terminal of the Participants and declines any responsibility for the consequences of the connection of Participants to the network for access to Competition.
9.4. Any costs associated with the access to the URL and participation into the Competition is the Participant’s responsibility (such as costs for access to internet).Except for any liability that cannot be excluded by law, Deezer excludes all liability (including negligence) for any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Competition, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under Deezer’s control); (b) any theft, unauthorized access or third party interference; (c) any claim or offer that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Deezer) due to any reason beyond the reasonable control of Deezer; (d) any tax liability incurred by a Participant.
9.5. Except in the case of death or personal injury arising from Deezer’s negligence, or in respect of fraud, and so far as is permitted by law, Deezer excludes its responsibility and all liabilities in connection with any act or default of any third-party supplier, in particular any supplier involved in the preparation or the delivery and performance of the Prize, which are beyond Deezer’s reasonable control.
ARTICLE 10 – PERSONAL DATA
10.1 Identification of the parties and of the processing:
“Processing" means the processing of personal data related to registration and participation in the Prize Draw (hereinafter detailed in Article 10.3 below), which is necessary for the execution of the Terms and Conditions.
The controller of the personal data collected in the context of registration and participation in the Prize Draw is Deezer.
The legal basis for the Processing is the contract between each Participant and Deezer, constituted by these Terms and Conditions accepted by each Participant.
10.2 Rights of people involved
Pursuant to French Law No. 78-17 of January 6, 1978 (as amended) relating to information technology, files and freedoms, the European Data Protection Regulation (EU 2016/679 of April 27, 2016), as well as the Law "for a Digital Republic" (Law No. 2016-1321 of October 7, 2016), Participants and Winner have a right to access their personal data, obtain a copy of it as well as the right to request the modification or deletion of such personal data. They also have the right to oppose or limit the processing of such personal data. Finally, they have the right to decide the fate of their personal data in the event of their death.
Participants and Winner can exercise their rights freely at any moment by contacting Deezer by email to privacy@deezer.com or by letter at the following address: Deezer SA, Data Protection Officer, 24 rue de Calais, 75009 Paris, France.
As the Processing of Personal Data is carried out for the purposes of registration and participation in the Prize Draw, Participants and Winner acknowledge that in the event of a request for deletion, exercise of the right to object or limitation of the Processing on their part before the end of the Prize Draw (i.e., before the delivery of the Prize), Deezer will no longer be able to process their participation in the Prize Draw or deliver the Prize. The Participants and Winner will then be automatically eliminated from the Prize Draw.
10.3 Data Processing related to the Prize Draw
In order to enter the Prize Draw, Eligible Users must have registered on the Website and provide the following personal data:
- username.
In order to receive the Prize, the Winner may also have to communicate to Deezer:
- email address;
- first name and last name; and
- postal address.
10.4 Sharing of Data
Only authorized persons within Deezer shall have access to the Data. Deezer may provide Sonos with the data referred to in section 10.3 for the sole purpose of delivering the Prize to the Winner. No other use by Sonos of such data is authorized by Deezer.
10.5 Data Retention Period
Deezer undertakes not to keep the Participants' Data beyond the duration strictly necessary for the purposes pursued and in accordance with the applicable regulations. For the purposes of the Prize Draw, Deezer will retain the Participants' Data for the duration of the Prize Draw and then for a maximum period of five (5) years from the end of the Prize Draw.
Deezer undertakes to anonymize and/or delete the Data as soon as the purpose or retention period expires.
10.6 Contact details and claims
For any request concerning the Processing of their Data, the Participants may send a request to the Data Protection Officer of Deezer by email at dpo@deezer.com or by post to the following address DEEZER S.A - Data Protection Officer - 24, rue de Calais 75009 Paris.
In the absence of a reply or if the Participant is not satisfied with the reply given, he/she may lodge a complaint with the relevant data protection authority, the CNIL in France where Deezer is domiciled or, for Participants located in the European Union, in the member state of the European Union in which he/she has his/her habitual residence.
ARTICLE 11 – INTELLECTUAL PROPERTY RIGHTS
In accordance with the laws governing intellectual property rights, the reproduction, representation or exploitation by the Participant of all or part of the elements making up the Prize Draw, the Website or the Deezer Platform is strictly prohibited, including any logos, trademarks, domain names, trade names, or any other element of intellectual property to which the Participants may have access in the context of their registration and participation in the Prize Draw.
ARTICLE 12 – MISCELLANOUS
Except in the case of negligence, the information contained within Deezer’s systems have value of proof in any dispute as to any elements resulting from calls and computer processing of said information in relation to the Prize Draw.
The Terms and Conditions will be available free of charge upon written request sent by post during the period of the Prize Draw (as evidenced by the postmark) to Deezer, whose address is listed in Article 1. Reimbursement for this request will be made on the basis of a stamp at the current rate.
ARTICLE 13 – APPLICABLE LAW – JURISDICTION
These Terms and Conditions are governed by French law.
Any disputes relating to the Prize Draw and/or the Prizes must be submitted in writing to the Deezer address mentioned in Article 1 and no later than ninety (90) days after the deadline for participation in the Prize Draw as indicated in these Terms and Conditions.
In the event of failure of the claims submitted under the conditions described above and in accordance with the provisions of the French Consumer Code, the Participant has the right to have free recourse to the mediation service offered by Deezer. The "consumer law" mediator thus proposed is Médiation Solution. This mediation service can be reached by:
- electronically: https://sasmediationsolution-conso.fr;
- or by post: Mediation Solution - 222, chemin de la bergerie 01800 SAINT JEAN DE NIOST.
In addition, and in accordance with Article 14 of Regulation (EU) No. 524/2013 of 21 May 2013, the Participant has access to mediation via the online dispute resolution Platform (RLL) electronically at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
In the event of a dispute, Deezer and each Participant will seek an amicable solution before taking any legal action. If these attempts fail, all disputes relating to the validity, interpretation and/or execution of these Terms and Conditions shall be brought before the competent French court.