1. Introduction

Featuring is a website for hosting solidarity lotteries following events for the general public and on behalf of French and foreign associations and non-governmental organisations to finance their activities of general interest.

FEATURING is a SAS created in 2023, with its registered office at 30 rue monseigneur Graveran, 29200 Brest, France.

This document (and any document referred to herein) sets out the general terms of use of this website (www.featuring-org.com). They are entered into between FEATURING on the one hand and the user on the other, hereinafter collectively referred to as the "PARTIES". Please read these Terms carefully, and our privacy policy (hereinafter "Personal Data Protection") before using this website. Any use of the website www.featuring-org.com in any capacity necessarily implies unreserved acceptance by the user of these Terms of Use.

2. Definitions

The terms below shall have the following meaning for the user:

Featuring: refers to the company SAS FEATURING (SIRET: 949 527 238) as well as the website administrator.

User: refers to any natural person using the Platform who visits the Site.

Site: refers to the website accessible at www.featuring-org.com

Feat.caritatif: Partnership between an artist and an association or non-governmental organisation with the aim of raising funds.

Fans: refers to any person participating in a solidarity lottery.

Associations/NGOs: refers to the organisation that will receive the funds raised by the solidarity lottery.

Artists: refers to a public figure who offers a personal item following a performance, to be won in a solidarity lottery.

Winner: refers to the fan who wins a personal item put up in a solidarity lottery, following the draw supervised by our bailiff.

Service: refers to the online solidarity lottery service allowing users to try to win an artist's personal item.

3. Legal

These general terms are governed by French law. Any dispute arising from or related to the use of the site or related contracts shall be subject to the non-exclusive jurisdiction of the French courts.

Alternatively

In the event of a dispute, the competent court shall be that of the defendant's place of residence or, at the claimant's choice, the jurisdiction of the place of performance of the service or the jurisdiction where they resided at the time of conclusion of the contract or occurrence of the harmful event, pursuant to Article R. 631-3 of the French Consumer Code. This applies to both substantive and procedural rules, notwithstanding the places of performance of substantial or ancillary obligations.

4. Intellectual property

The brands, logos, slogans, graphics, photographs, animations, videos and texts contained on our Featuring site are the intellectual property of FEATURING and may not be reproduced. Any use without prior authorisation from FEATURING will result in legal action.

Any full or partial reproduction of the Site and its content, by any means whatsoever, without prior authorisation from Featuring is prohibited and would constitute infringement punishable under Articles 270 et seq. and Articles 273 et seq. of the French Intellectual Property Code. Deep linking to a page of the Site is prohibited without prior written agreement from Featuring. Featuring expressly prohibits: extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of a database to another medium, by any means and in any form whatsoever, reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the database, in whatever form.

5. Featuring responsibilities and obligations

Featuring makes every effort to offer Users verified information and tools, but under these terms Featuring cannot be held responsible for errors, unavailability of features or the presence of viruses on its site.

The website is accessible 24 hours a day, 7 days a week. However, Featuring cannot be held responsible for discontinuities of the site and its services, whether voluntary or not. For maintenance reasons, the website publisher may interrupt the site and will endeavour to notify users in advance.

Furthermore Featuring disclaims all liability: in the event of temporary inability to access the Site for technical maintenance or updating of published information, viral attacks, incomplete or erroneous information from a User, abnormal use or illicit exploitation of the Site.

The Platform may mention links to external sources that Featuring cannot control: it cannot be held responsible for the content, products, services, advertisements or elements available on these external sources. The User is solely responsible for damage caused to third parties and the consequences of claims or actions that may result.

Featuring invites the User to read the terms of use available on said external sources.

This article shall survive the end of these terms for whatever reason or motive.

PARTICIPANT OBLIGATIONS: In using the Site, each Member undertakes not to disturb public order and to comply with applicable laws and regulations, to respect the rights of third parties and the provisions of these Terms.

Each Member is obliged to: Be honest and sincere in the information provided to FEATURING. You must update this information (address, card number, card expiry date). You must inform FEATURING if your payment methods are cancelled (in case of loss or theft of your payment method). You accept that all payments made on the Site are final. You use the Site in accordance with the purpose described in these Terms, Do not attempt to divert users to another site or competing service, do not attempt to harm the automated data processing systems used for publishing the Site within the meaning of Articles 264 et seq. of the French Criminal Code, do not insert hyperlinks to a website.

6. Terms of use

These general terms of use express the entirety of the parties' obligations, which they agree to perform in perfect good faith. They declare that they have no knowledge of any element which, if communicated, would have modified the other party's consent. In the event of interpretation difficulties resulting from a contradiction between any of the headings at the beginning of the articles herein and any of the articles, the headings shall be declared non-existent. If one or more provisions of these general terms are held to be invalid or declared as such under a law, regulation or following a final court decision of a competent jurisdiction, the other provisions shall retain their full force and effect. The parties agree that tolerance by one party of a situation does not grant the other party acquired rights. Furthermore, such tolerance cannot be interpreted as a waiver of the rights in question.

LAST UPDATE: Featuring reserves the right to modify these Terms at any time. Changes will take effect 48 hours after publication. Users will be informed of changes to the Terms by checking the date of last update of the Terms.

7. Prize

Each prize is presented by Featuring, following an event proposed by an artist. For each prize, Featuring will indicate and post on the Site:

• The two protagonists of the Charity Feat (i.e. artist and association),
• One or more photos of the artist,
• The start date,
• The lottery countdown and amount raised,
• The location where the event took place,
• A brief description of the prize to be won.

8. Winner draw under bailiff supervision

To try to win the prize offered during a Charity Feat, lottery tickets may be purchased by fans before the end of the solidarity lottery countdown. At the end of this period, a draw will be held no later than one week after the end date of the solidarity lottery, supervised by a bailiff. The winner will be selected at random from all eligible participants.

If your ticket is selected, you will be considered the winner of the prize. A phone call, email and message on Instagram (if the winner has one) will be sent by our teams. The winner will have 3 days to respond in writing to our teams to validate their win. In the event of no response within 3 days, a second person will be drawn and considered the winner. This procedure will continue until a winner is officially confirmed.

9. Shipping and service

As organiser of the solidarity lottery, Featuring covers shipping costs for prizes within mainland France.

10. Redistribution

85% of lottery ticket sales will be donated to the Association / NGO featured with the artist in question. Featuring will receive a 15% commission to cover management costs of the Charity Feat (contracting, marketing, communication, delivery…)

11. Account creation

Access to the Platform is free for any User with internet access, it being specified that the costs of accessing the Platform remain exclusively at the User's expense.

The platform is accessible 24/7. However, Featuring reserves the right, without notice or compensation, to temporarily or permanently close the Platform or access to one or more of its features, particularly to perform updates or maintenance.

Featuring is not responsible for any damage that may result from these changes and/or temporary unavailability or permanent closure of all or part of the Platform or associated services.

If you become a Member, you declare and warrant that you are 18 years of age or older, have never been convicted of a crime and are not identified as a sex offender by a government entity. The Member undertakes not to create or use accounts other than the one initially created, whether under their own identity or that of third parties, except with prior written authorisation from the publisher. Failure to do so may result in suspension of their account and all associated services.

The Member has the right of access, modification, deletion and opposition to data concerning them, in accordance with the French Data Protection Act of 6 January 1978.

12. Personal data protection

Featuring is responsible for processing data collected on the Site. This data is processed to ensure the proper functioning of the Site and to ensure that User requests are properly fulfilled. Personal data processing has been declared in accordance with the French Data Protection Act of 6 January 1978 as amended and European Regulation No. 2016/679/EU of 27 April 2016 (applicable from 25 May 2018). Under this rule, the User is informed that Featuring implements personal data processing and benefits from a right of access, rectification, portability and erasure of their data or limitation of processing and a right, for legitimate reasons, to object to processing of data concerning them.

Each User has the right to query, modify and/or delete data concerning them or to object for legitimate reasons to the use of their data.

All these rights may be exercised at hello@featuring.org stating "DATA PROTECTION" in the subject line and attaching a copy of their identity document.

The Winner's personal data may be used by Featuring or transmitted to its partners, for the organisation and promotion of the event or for commercial prospecting relating to any other event organised by Featuring.

Acceptance of any prize by the Winner constitutes their consent to use their name and image to promote Featuring in any media, now known or hereafter devised, worldwide and in perpetuity without further compensation.

Personal data that may be collected on the Site includes:

• Account creation: names, first names, phone number, email and Instagram are recorded when creating your account.
• Payments on the site: no bank data is stored in our database. All payment management is handled by our partner Stripe. The User may learn about our partner's payment security via Stripe's official website.

The main uses of your personal data are:

• Verification and authentication of your data;
• Management of payment services; Data retention period: Your personal information is kept as long as necessary during the lifetime of your user account, unless:
• You exercise one of the rights recognised by legislation under the conditions provided herein;
• A longer retention period is authorised or required by law or regulation.

During this period, the Site implements organisational, software, legal, technical and physical means to ensure the confidentiality and security of your personal data. Access to your personal data is strictly limited to FEATURING employees authorised by their functions and bound by confidentiality. However, collected data may be communicated to subcontractors contractually responsible for tasks necessary for the proper functioning of the Site and services and proper management of the relationship with you.

Other use of your data:

If you accept the general terms of our site, only your email address will be shared with the artist's organisation so they can send you occasional information such as: concert dates, merchandise, new album etc.

Outside the cases stated above, FEATURING undertakes not to sell, rent, transfer or give third parties access to your data without your prior consent, unless compelled by a legitimate reason (legal obligation, fraud prevention, exercise of defence rights, etc.).

Your rights In accordance with applicable legal and regulatory provisions, in particular French Law No. 78-17 of 6 January 1978 as amended relating to data processing, files and freedoms and European Regulation No. 2016/679/EU of 27 April 2016 (applicable from 25 May 2018), you have the following rights:

• Update or delete your data by logging into your account and configuring its settings;
• Exercise your right of access to know the personal data concerning you;
• Request updating of your data if inaccurate;
• Request portability or deletion of your data;
• Request deletion of your account;
• Request limitation of processing of your data;
• Object for legitimate reasons to processing of your data;
• Object or withdraw your consent to the use by our services of your contact details for sending promotions and solicitations via email.