Terms and Conditions of Use of RaffleSource Services
RaffleSource is for fun. It is free and is intended to be a place for your entertainment. However, there are some rules that apply and of which we would like to make you aware of:
- 1. RaffleSource is a product and intellectual property of GS Communication, Zürcherstrasse 13, 8854 Siebnen SZ, Switzerland (herewith RS, referring either to the product or to GS Communications GmbH). It is a registered trademark.
- 2.1 The RS is basically a website, where companies create raffles and people take part in announced raffles by uploading pictures and getting votes for it. There are five types of users: Visitors – not authorized users; Companies – authorized users; Participants – authorized users; Administrator; and Moderator.
- 2.2 Besides browsing the public part of the website, the visitors are only allowed to vote for participating pictures. Companies are authorized users that may create raffles. Participants are also authorized users who may take part in the created raffles under the conditions defined by the companies by filling in the form and uploading a picture. Administrator and moderator are to control users and raffles in the website.
- 2.3 The users agree to provide true, accurate, current and complete information about themselves, when registering on the RS website. The user failing to do so is fully liable for the consequences this might have.
- 3. By using RS none of the users becomes a contracting party with GS Communications GmbH, except the company. Instead, RS is basically an exchange platform between the companies and the participants. The voting and the participation on a raffle constitutes a relation between the companies and the respective user. Only the companies are responsible for the content, the conditions, etc. of a raffle. However, as part of our service we make sure that a raffle can be created by verified users only.
- 4.1Once a participant wins a raffle, the company is obliged to fulfill its obligations under the conditions of the previously crated raffle. The company is entitled to select how to deliver the prize that a participant won. It can be a voucher amount, product value, or a service value determined by the company.
- 4.2 Depending on conditions defined by the company the fulfillment of its obligations may be subject to possible restrictions (e.g. shipment only to certain countries). Besides, the applicable law may contain restrictions (e.g. see article 513 of the Swiss Code of Obligations). If the terms of the raffle do not content the opposite, the company is obliged to deliver the prize at its own expenses.
- 4.3 The company is obliged to honor all the terms of their raffle and arrange the delivery of the prize according the conditions of the raffle. However, if the company does not fulfill its obligations, RS cannot be held responsible for that. It is up to the participant to claim its winning from the company under the laws of the applicable jurisdiction.
- 4.4 The participants may also initiate an internal complaint procedure by writing an email to <firstname.lastname@example.org>. This constitutes no obligations for RS. However, as part of its service, RS will investigate the matter and try to mediate between the company and the participants. RS may impose adequate measures, such as a warning, delete of the company's other raffles or in some cases it may decide to exclude the company from its website and from placing future raffles.
- 5. RS does not bear any liability by providing its services, unless the law prescribes something else (article 100 of the Swiss Code of Obligations). By using the RS services the user acknowledges and agrees that it is at its sole and own risk.
- 6.1 It is not permitted to use the RS services for the purposes contradicting the Swiss law or the law applicable to the user, e.g. by distributing illegal contents. Moreover, it is not permitted to use the RS services for exchange of adult oriented or pornographic materials and services. The user posting such materials on the website of RS bares the fully responsibility for it.
- 6.2 RS reserves the right to reject or delete any raffle without being obliged to provide a reason for that or give a prior notice. It also reserves the right to ban a user from using its services without being obliged to provide a reason for that or give a prior notice.
- 7. The users of the RS services must be of full age according the Swiss law or the law applicable to the user. If the user is minor or incapable of action, RS assumes that the user has the consent of its legal guardian for using the RS services.
- 8. By posting, uploading or submitting any information, material or content to the RS, users automatically grant (or automatically warrant that the owner of the rights to such material, information or content has expressly granted) the RS a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such information, material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, the users hereby irrevocably waive all moral rights in any such information, material or content posted, uploaded or submitted by the user.
- 10. GS Communications GmbH is incorporated under Swiss law and has its legal seat in Siebnen SZ, Switzerland. Therefore, Swiss law is applicable for any disputes, claims, legal actions, or any communications with or regarding GS Communications GmbH. The court responsible for Siebnen SZ, Switzerland, shall be the solely place of jurisdiction for all disputes with GS Communications GmbH arising from providing RS services or its website.