Terms & Conditions of use

Last updated: November, 2022

BOOM BOOM SHOT is developed by SAS GIMIWI.

GIMIWI, a simplified joint-stock company registered with the RCS of STRASBOURG under SIREN number 901 472 282, can be contacted:

• Email:   contact@boomboomshot.com
• Postal address:  12 rue du Gloeckelsberg 67200 Strasbourg, FRANCE

By clicking on the box “I have read and consent to Terms and Conditions of Use”, Users declare to have read, to understand and to give their unconditional acceptance to these Terms and Conditions of Use.

If Users do not accept these Terms and Conditions of Use, they will not be able to access the BOOM BOOM SHOT Functionalities. 

PREAMBLE

DEFINITIONS

T&C: refers to these Terms and Conditions of Use accepted by Users.

Site: refers to “BOOM BOOM SHOT”:  the website (https://boomboomshot.com), the game (https://game.boomboomshot.com) and/or its phone application.

Boom Boom Shot : name owned by Gimiwi.

User(s): natural or legal person, capable within the meaning of articles 1145 and following of the French Civil Code, to consent to these Terms and Conditions of Use. The User can be the organiser or one of the participants to a BOOM BOOM SHOT game. This word can also refer to a Liquor Primary License’s owner, an association, a foundation, etc. proposing to play a BOOM BOOM SHOT game to a group of people.

Parties: refers to the User and SAS GIMIWI within these T&C.

Functionalities: refer to Article 5 of these T&C.

GDPR: General Regulation on the Protection of Personal Data (Regulation of the European Parliament and of the Council No. 2016/679) as well as Law 78-17 of 6 January 1978 amended by Law No. 2018-493 of 20 June 2018.

ARTICLE 1 – PURPOSE

BOOM BOOM SHOT is a website and phone application offering a draw game.

These T&C describe the contractual relationship between the Parties for the use of the Site’s Functionalities.

ARTICLE 2 – DURATION

The validity of these T&C begins with the User’s consent and continues as the User uses BOOM BOOM SHOT.

Users may withdraw their consent to these T&C by requesting the deletion of their account via email to dpo@boomboomshot.com.

ARTICLE 3 – RATES AND FEES

The User uses the Site and its Functionalities freely (excluding costs of connection to internet).

Users can also subscribe to one of the Premium options. To access one of these options, Users would have to pay and consent to the General Conditions of Sale which are presented to them before any subscription.

The Site is reserved for a non-commercial use. This means that Users cannot ask other people to pay in order to use the Site.

ARTICLE 4 – MODIFICATION OF THESE T&C

These T&C were last edited in November 2022.

GIMIWI reserves the right to modify these T&C in accordance with Functionalities or legislation changes.

When modifying the T&C, GIMIWI will inform the User when login to the game (https://game.boomboomshot.com).

Users will then be able to consult and consent to the updated T&C. If Users do not agree with the modification of the T&C, they may delete their user account as described in Article 5 “Functionalities’ description”.

ARTICLE 5 – FUNCTIONALITIES’ DESCRIPTION

• The Boom Boom Shot app allows its Users to create a virtual game that other people can join with their phone, tablet or computer thanks to a QR code.
• The Boom Boom Shot application allows its Users to launch draws in order to randomly designate one or more people present in a game.
• Sweepstakes are broadcasted simultaneously on the devices of all connected people.
• The selected persons are awarded a temporary certificate allowing them to prove their selection (in the case of obtaining a prize).
• Twelve hours after the end of a game, the application sends a summary email to the participants of the game.

ARTICLE 6 – USER’S OBLIGATIONS

Users commit to use the Site for lawful purposes in accordance with these T&C and the legislation in force.

The User declares:

• Having the full legal capacity to use the proposed Functionalities.
• Consenting to these T&C without restriction.

Users commit to use an adapted equipment which does not contain, among other things, defects, or computer viruses of any form to browse the Site. In the event of direct or indirect damage resulting from a violation of this provision, Users may not seek GIMIWI’s liability.

Users release GIMIWI from any liability for damages directly or indirectly resulting from an error in the registered email address. Indeed, any access and use of the Site’s Functionalities using the email address and password provided will be deemed to be carried out by the right User. In this context, Users undertake to keep their password secret and not to disclose it to anyone, under any circumstances and for any reason whatsoever.

If GIMIWI observes a misuse and / or an illegal use of the Site by any User, it reserves the right, as a preventive measure and regarding the legislation in force and these T&C, to restrict or remove the User’s access to the Site without having to justify this decision and without engaging its liability.

If the User does not respect these T&C’s provisions or the legislation in force, the User will not be able to seek, for any reason whatsoever, the liability of GIMIWI.

The User is informed and expressly consents that the use of the Site’s Functionalities, information and tools available is carried out under the User’s full responsibility.

The User is informed and expressly consents that downloading or the reception of any content obtained via the Site is carried out under the User’s sole responsibility meaning that any damage that may be caused to the User’s computer and / or phone systems as well as any loss of data cannot justify to engage GIMIWI’s liability.

ARTICLE 7 – MAINTENANCE, SUSPENSION AND AVAILABILITY OF THE FUNCTIONALITIES

Users are informed that in the event of a breakdown, maintenance or update of the systems, the access to their user account may be temporarily suspended.

In that scenario, GIMIWI will try to notify Users and will make its best efforts to restore the access to the Site as soon as possible.

ARTICLE 8 – LIABILITY OF GIMIWI

GIMIWI can, in no way, be held responsible for damages caused to the User resulting from an external and independent cause to the Site or for these reasons:

• Fault of the User.
• Non-compliance with these T&C and / or the legislation in force by the User.
• Fraudulent or abusive use of the Site’s Functionalities by the User.
• Interruption or failure of the Site’s Functionalities due to malfunctions of the Internet, telecommunications or IT network.

ARTICLE 9 – ABOUT THE PRIZES TO BE WON

REMINDER: the conditions to enter the draw as well as the prize to be won are exclusively and freely chosen by Users. GIMIWI does not in any way impose on Users the conditions to enter the draw nor the nature of the prizes to be won and can not thus be held liable in these respects.

GIMIWI wants the use of BOOM BOOM SHOT to take place in the best possible conditions and to be appreciated by all. 

GIMIWI reaffirms that the goal of BOOM BOOM SHOT is to create a fun activity in a good mood! 

Given the commitments made by Users in this provision, they undertake not to seek the responsibility of GIMIWI for any direct or indirect damage, attributable to the prizes won.

ARTICLE 10 – PROTECTION OF YOUR PERSONAL DATA

GIMIWI undertakes to use all technical and organisational means to guarantee the protection of Users’ Personal data when using the Site’s Functionalities.

Users are reminded that they may withdraw their consent to the collection and use of their Personal data at any time.

GIMIWI, in its Personal data protection policy, abstains from selling, renting, or giving access to third parties to this data without prior consent, unless compelled to do so for a legitimate reason.

In accordance with the French and European legislation in force, Users have a right to access, rectify, request the erasure and the transfer of their Personal data, as well as the right to oppose the processing of these data for legitimate reasons, rights that they can exercise by contacting GIMIWI at the following email address:

dpo@boomboomshot.com

For further information, please see our Privacy Policy (https://boomboomshot.com/privacy-policy/).

ARTICLE 11 – INTELLECTUAL PROPERTY

All the Functionalities of the Site and each of the elements that compose them are the exclusive intellectual property of GIMIWI in accordance with the French Intellectual Property Code.

This property applies to trademarks, trade names, computer programs, software, interfaces, know-how, databases, texts, presentations, brochures, illustrations, photographs, graphics, videos, animations, etc. to which the User has access.

Consequently, the User is prohibited to harm, directly or indirectly, GIMIWI’s intellectual property rights.

In addition, it is strictly forbidden for the User to access and/or distort the source codes of the Site and their software components.

GIMIWI gives Users, by letting them browse the Site, a simple right of non-exclusive and non-commercial personal use of the Site.

The right to browse the Site does not in any way confer the User a right of ownership over all the mentioned elements. Consequently, the User is prohibited from circumventing or deactivating any protection system as well as any sale, reproduction, diffusion, exploitation, marketing or modification of the mentioned elements under penalty of being held liable.

ARTICLE 12 – APPLICABLE LAW, LANGUAGE AND DISPUTE

These T&C are the English translation of the French original version. This means that only the French version shall prevail in the event of a dispute.

These T&C and the operations resulting from them are governed by and subject to French law.

All disputes concerning the validity, interpretation, execution, termination, or resolution of these T&C as well as those resulting of the Site’s use and their consequences that could not have been resolved amicably between the Parties will be submitted to STRASBOURG’s competent courthouse.

Nonetheless, the User is informed that he may ask for a mediation or for any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.