TERMS AND CONDITIONS OF THE CONTEST
« ONE PIECE ODYSSEY GIVEAWAY CAMPAIGN »
TOEI ANIMATION EUROPE S.A.S., a company incorporated under the laws of France, having its registered office at 5 rue Greffulhe – 75008 Paris – France (hereinafter referred to as the “Organizer”), is organizing a contest entitled “ONE PIECE ODYSSEY GIVEAWAY CAMPAIGN” (hereinafter referred to as the “Contest”).
The Contest takes place on the following Instagram and Twitter account: https://www.instagram.com/toei_animation_europe (hereinafter referred to as the “Organizer’s Instagram”) and https://twitter.com/ToeiAnimationEU (hereinafter referred to as the “Organizer’s Twitter”).
ARTICLE 1 – PARTICIPATION
The Contest is open free of charge and without any obligation to purchase to anyone who wishes to participate, subject to the participant being eighteen (18) years of age or older and being a legal resident of EMEA (Europe, the Middle East, Africa) countries*. However, employees or collaborators of the Organizer, its subsidiaries or subcontractors, its officers or members, as well as members of their families or persons living under the same roof, and more generally any person who has collaborated directly or indirectly in the organization of the Contest, cannot participate to the Contest.
*Europe：Armenia Azerbaijan Belarus Bulgaria Czech Republic Estonia Georgia Hungary Kazakhstan Kyrgyzstan Latvia Lithuania Moldova Poland Romania Russia Slovakia Tajikistan Turkmenistan Ukraine Uzbekistan Denmark Finland Iceland Ireland Norway Sweden United Kingdom Albania Bosnia and Herzegovina Croatia Cyprus France Greece Italy Kosovo Malta Montenegro North Macedonia Portugal Serbia Slovenia Spain Turkey Austria Belgium Germany Luxembourg Netherlands Switzerland
The Middle East：Algeria Bahrain Egypt Iran Iraq Jordan Kuwait Lebanon Libya Morocco Mauritania Oman Palestine Qatar Saudi Arabia Sudan Syria Tunisia United Arab Emirates Yemen
Africa：Burundi Djibouti Eritrea Ethiopia Kenya Rwanda Somalia South Sudan Sudan Tanzania Uganda Cameroon Central African Republic Chad Democratic Republic of the Congo Republic of the Congo Equatorial Guinea Gabon São Tomé and Príncipe Angola Botswana Comoros Eswatini Lesotho Madagascar Malawi Mauritius Mozambique Namibia Seychelles South Africa Zambia Zimbabwe Benin Burkina Faso Cape Verde Gambia Ghana Guinea Guinea-Bissau Ivory Coast Mali Mauritania Niger Nigeria Senegal Sierra Leone Togo
Every participant must have access to an Internet connection.
The Contest is limited to one (1) entry per person (same name, same postal address, same Instagram/Twitter account, same username, same email address) during the Contest Period. It is possible to participate on both Instagram and Twitter. Any additional entry will be denied. Any use of procedures allowing participation in the Contest in a mechanical way is prohibited. The Organizer may carry out verifications in this regard without having to inform the participants of either the exercise of verifications or subsequent exclusions.
Participation in the Contest implies the unreserved acceptance of these terms and conditions (hereinafter the “Rules”) in their entirety, the rules of ethics in force on the Internet, as well as the laws, regulations and other texts applicable in each country where the Contest is open. Any non-compliance with the Rules will result in the permanent exclusion of the participant from the Contest and will deprive the participant concerned of any prize to which he/she may have been entitled, without prejudice for the Organizer to any damages.
ARTICLE 2 – CONDUCT OF THE CONTEST – DETERMINATION OF THE WINNER – PRIZES
Access to the Contest and duration:
The Contest starts on Thursday, May 25, 2023 at 12:00 pm (French time, UTC+2) and ends on Wednesday, May 31, 2023 at 6:00 pm (French time, UTC+2) (the “Contest Period”), and takes place on the Organizer’s Instagram and Twitter.
The Organizer reserves the right to postpone, modify, cancel, extend or renew the Contest.
The Contest will be announced on the following media:
- Organizer’s Instagram, and
- Organizer’s Twitter.
Conditions of participation in the Contest:
In order to participate in the Contest, the participant must, during the Contest Period, either for Instagram or Instagram:
- Follow the Organizer’s Instagram;
- Like the post announcing the Contest published on the Organizer’s Instagram (hereinafter the “Contest Post”);
- Follow the Organizer’s Twitter;
- Retweet the post announcing the Contest published on the Organizer’s Twitter (hereinafter the “Contest Post”);
Any participation in the Contest sent or made in any other way will not be accepted. Any incomplete, inaccurate or received after the participation deadline will be considered null and void and will not be processed by the Organizer.
The participant guarantees the following:
- The participant can only submit one (1) entry and can only win once (It is possible to participate on both Instagram and Twitter.)
- Registering with multiple accounts is prohibited and will disqualify the participant’s entry.
The participant in the Contest must fully complete the participation steps above in order to participate in the Contest, which also implies acceptance of these Rules.
There will be a total of four (4) winners: two (2) on Instagram and two (2) on Twitter. Each winner will be given one of the following products:
- Video Game soft “ONE PIECE ODYSSEY” Xbox Series X (unit value: 69.99€)
- Video Game soft “ONE PIECE ODYSSEY” PS4 (unit value: 69.99€)
- Video Game soft “ONE PIECE ODYSSEY” PS5 (unit value: 69.99€)
The Prize will be accepted as is by the winner and cannot be refunded, exchanged, or subject to any financial consideration.
The Organizer reserves the right to replace the Prize with another of equivalent unit value, and the participants acknowledge that no claim shall be made in this respect.
Determination of winners:
The winner will be selected through a random draw among all valid participations. The draw will take place on June 1st, 2023 (French time, UTC+2). The winners will be personally notified by the Organizer via private message on the Instagram and Twitter account used to participate in the Contest, within five (5) business days following the draw (the “Notification”).
In the Notification, the Organizer will ask the winner for their email address. By email, the Organizer will ask the winner for their first and last name, and mailing address in order to send the Prize.
It is specified that the winner must respond to the Notification and email by June 5th, 2023. If the winner responds to the Notification and email by June 5th, 2023, the winner will be deemed to have accepted their Prize. However, if the winner does not respond to the Notification and email by June 5th, 2023, the winner will be considered to have definitively waived their Prize.
The winner, who will be deemed to have accepted their Prize, will not be entitled to any refund or exchange of the Prize. The Prize cannot be subject to any financial compensation. The Prize offered to the winner is nominative and cannot be awarded to another person.
If applicable, the Organizer reserves the right to cancel the awarding of the Prizes.
For practical purposes, a message will be only delivered to the winners.
Awarding of the Prize:
The Prize will be sent by the Organizer to the mailing address indicated by the winner, within two (2) months following the acceptance by the winner of their Prize, i.e. two (2) months following the response to the Notification and email (at the latest by July 31st, 2023).
Each participant authorizes the Organizer to carry out all necessary verifications regarding the information provided by any participant. Any incomplete or inaccurate information will be considered null and void and will not entitle the participant to their Prize. Any participation in the Contest will be canceled if it is incomplete, erroneous, counterfeited, or carried out in violation of these Rules, this list not being exhaustive. The Organizer also reserves the right to cancel any participation for any reason it deems legitimate.
ARTICLE 3 – CONSULTATION OF THE RULES
The Rules can be consulted in their entirety on the following website: https://www.toei-animation.com/
A copy of the Rules can be downloaded and printed directly by the participant or sent by mail only to the Organizer at the following address:
TOEI ANIMATION EUROPE S.A.S.
5 rue Greffulhe – 75008 Paris – France
By indicating the name of the Contest: ” ONE PIECE ODYSSEY GIVEAWAY CAMPAIGN”. No oral requests regarding the Contest will be answered.
ARTICLE 4 – CONNECTION FEES AND PARTICIPATION IN THE CONTEST
The Contest does not imply any fees for the participants.
For the avoidance of doubt, it is specified that the inevitable costs incurred for participation in the Contest will not be reimbursed by the Organizer (such as, in particular, Internet connection fees).
ARTICLE 5 – CONTESTATIONS
Participation to the Contest implies acceptance without reservation the Rules; the participant waives any contestation or claim in this regard. Validation of participation by publishing a comment on the Contest Post implies full and complete acceptance of these Rules.
The Organizer reserves the right to pursue in court anyone who has cheated, defrauded, rigged, or disturbed the operations described in the Rules, or attempted to do so. However, the Organizer cannot incur any liability of any kind towards the participant for any fraud that may have been committed. A winner who has cheated will automatically be deprived of any right to obtain any Prize. In the event of a participant’s failure to comply with the Rules and with the above, the Organizer reserves the right to automatically exclude any participation from the Contest.
These Rules as well as the Contest are subject to French law and the exclusive jurisdiction of French courts.
ARTICLE 6 – LIMITATION OF ORGANIZER’S LIABILITY
Participation to the Contest implies knowledge and acceptance of the characteristics and limitations of the Internet, particularly with regard to technical performance, response times for consulting, querying, or transferring information, the risk of interruption, and more generally, the inherent risks of any connection and transmission on the Internet, the absence of protection of certain data against possible diversion and the risks of contamination by any viruses circulating on the network.
Therefore, the Organizer cannot under any circumstances be held responsible, without limitation:
- for the content of the services consulted on the Organizer’s Instagram/Twitter and, more generally, for all information and/or data disseminated on the services consulted on the Organizer’s Instagram/Twitter;
- for the transmission and/or reception of any data and/or information on the Internet;
- for any malfunction of the Internet network preventing the proper progress/functioning of the Contest;
- for the failure of any receiving equipment or communication lines;
- for the loss of any paper or electronic mail and, more generally, for the loss of any data;
- for delivery problems;
- for the operation of any software and/or video games and/or mobile games;
- for the consequences of any virus, computer bug, anomaly, technical failure;
- for any damage caused to the computer, console, or mobile device of a participant;
- for any technical, material, or software failure of any kind that prevented or limited the possibility of participating to the Contest or damaged a participant’s system;
- for the delayed delivery of the Prize or any possible loss by postal or other external sending services to the Organizer;
- for any damage caused to the Prize during its delivery by postal or other external sending services to the Organizer. It is specified that in the event of the return of their Prize to the Organizer, the winner forfeits the benefit of their Prize.
It is specified that the Organizer cannot be held responsible for any direct or indirect damage resulting from an interruption, malfunction of any kind, suspension, modification, or end of the Contest, for any reason whatsoever, or for any direct or indirect damage that may result, in any way, from a connection to the Organizer’s Instagram/Twitter. It is the responsibility of the participant to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any infringement. Participants’ connection to the Organizer’s Instagram/Twitter and their participation in the Contest are at their sole responsibility.
The Organizer’s liability shall not be engaged in case of force majeure.
ARTICLE 7 – DURATION AND MODIFICATIONS
These Rules apply to all participants who take part in the Contest.
The Organizer reserves the right to make any modifications to the Rules and/or the Contest at any time, without notice or obligation to provide a reason, and the Organizer’s liability shall not be engaged in this respect.
The Organizer reserves the right to interrupt, extend, shorten, modify, or cancel the Contest at any time, without notice, and without having to justify it. In this case, the Organizer’s liability cannot be engaged in any way, and the participant shall not have the right to claim for any compensation of any kind.
The additions and modifications can be published during the Duration of the Contest, and the participant shall not have the right to claim for any compensation of any kind.
In case of modification of the dates, the new dates and corresponding Prize will be mentioned on the Organizer’s Instagram/Twitter.
Any modification to the Rules will come into effect upon its publication, and any participant will be deemed to have accepted it by participating in the Contest, from the date of entry into force of the modification. Any participant refusing the modifications must stop participating in the Contest.
ARTICLE 8 – INTELLECTUAL PROPERTY
Any element, brand, logo, and other distinctive sign reproduced within the context and on documents related to the Contest may be the property of their owner and may be protected as such. Any unauthorized use of these elements is subject to laws related to intellectual property rights, is likely to constitute counterfeiting and is strictly prohibited. Any infringer of the intellectual property rights attached to these elements will be subject to appropriate sanctions.
ARTICLE 9 – PERSONAL DATA
The personal information provided by the participants during their participation in the Contest are strictly confidential. The Organizer undertakes not to sell, rent, or transmit personal data to third parties, except in the case of a legal or judicial obligation requiring the Organizer to do so.
The Organizer, as the data controller, implements a personal data processing concerning the participants.
Purpose of the processing
The purposes of the processing implemented are as follows:
- Managing participation in the Contest;
- Determining the winner;
- Informing the winner to announce their Prize;
- Managing the award of Prizes;
- Managing the delivery of Prizes;
- Managing disputes or claims;
- Managing requests from individuals concerned (right of access, rectification, erasure, right to portability, right to limitation, in particular, as these rights are more detailed below);
- Verifying the regularity of participation and applying the regulations;
- Defending the legal rights and obligations of the Organizer and any legal proceedings involving, initiated by or against the participant.
Legal basis for the processing
The processing implemented by the Organizer is based on:
- The performance of a contract or the performance of pre-contractual measures;
- The performance of a legal obligation;
- The legitimate interest of the Organizer in protecting its organization against any violation of a legal obligation owed to it and defending itself in the event of a dispute.
Personal data processed
It is expressly stated that the Organizer will collect, as part of the Contest:
- The Instagram/Twitter pseudonym of the participants;
- The email address, name, first name, and postal address of the winner.
Recipients of personal data
The personal data we collect, as well as those collected subsequently, are intended for authorized personnel of the Organizer.
Data flow outside the European Union
In the context of this Contest, no transfer of personal data to a third country is expected.
Duration of retention of personal data
The Organizer will only keep the personal data of the participants for the period necessary to achieve the objectives for which they were collected, including to comply with any legal, regulatory, tax, and accounting requirements, in accordance with current regulations. By participating in the Contest, the participant expressly agrees that their personal data will be collected for the purpose of participating in the Contest.
In accordance with the provisions of the amended “Data Protection Act” of January 6, 1978 and European Regulation no. 2016/679/EU of April 27, 2016, each participant has the right to access, rectify, correct, delete, limit, and portability of their personal data. Furthermore, the participant also has the right to define directives relating to the retention, erasure, and communication of their personal data after their death. It is specified that in the event of the deletion of personal data of a participant, he/she expressly acknowledges his/her inability to participate in the Contest or to receive any Prizes from said Contest.
These rights can be exercised with the Organizer in writing at the address indicated in the preamble or by sending an email to the following address: firstname.lastname@example.org. However, it is specified that the withdrawal of consent does not compromise the lawfulness of the processing based on the consent made before this withdrawal.
When the participant submits a request to exercise their rights, in order to prevent unauthorized access, modification, or deletion or to prevent identity theft, they must identify themselves by any means. In case of doubt about their identity, the Organizer may request additional information that appears necessary, including a photocopy of an identity document bearing the signature of the person concerned. Any abusive, manifestly unfounded or excessive request may be rejected.
If a satisfactory response is not received, the participant will have the option of filing a complaint with the Commission Nationale de l’Informatique et des Libertés at the following address: 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07.
ARTICLE 10 – PROOF AGREEMENT
It is agreed that, except in cases of manifest error, the Organizer may rely, for the purpose of proving any proof, on computer or electronic programs, data, files, recordings, operations, and other elements (such as monitoring reports or other statements) established, received, or kept directly or indirectly by the Organizer, especially in its information systems.
The participant undertakes not to contest the admissibility, validity or probative force of the above-mentioned computer or electronic elements, based on any legal provision whatsoever specifying that certain documents must be written or signed by the parties to constitute evidence.
Thus, such elements constitute evidence and, if produced as evidence by the Organizer in any contentious or other proceedings, they shall be admissible, valid and binding between the parties in the same manner, under the same conditions and with the same probative force as any document that would be established, received or kept in writing.
ARTICLE 11 – INTERPRETATION
Any question of application or interpretation of the Regulations or any unforeseen question that may arise shall be determined by the Organizer in accordance with French legislation.
Any dispute arising from the Contest shall be submitted to French courts.
ARTICLE 12 – NO AGENCY
This Contest is not managed or sponsored by Instagram/Twitter.