Claim Your Deck

 

SOTA’s “Claim Your Deck” Contest

Terms and Conditions

§ 1. GENERAL PROVISIONS

  1. These terms and conditions, hereinafter referred to as T&C, define the terms and
    conditions under which the Contest is held, including inter alia the rules of supervision
    of its progress and the course of the complaints procedure.
  2. The organizer of the “Claim Your Deck” Contest – hereinafter referred to as the
    Contest” – is SOTA Limited Liability Company, Srebrna 16 /204 Street, 00-810,
    Warsaw, Poland, registered in the Register of Business Entities kept by the District
    Court for the City of Warsaw in Warsaw, XIII Commercial Department of the National
    Court Register under the KRS number 0000864789, NIP no.: 5272939018, REGON
    no.: 387323186, with a share capital of PLN 5,000.00, hereinafter referred to as the
    Organizer“.
  3. participant in the Contest, hereinafter referred to as “Participant“:
    1) must be a natural person who is at least eighteen years of age (or who has written
    permission of their parent or legal guardian to enter this Contest in accordance with
    relevant laws) with full legal capacity,
    2) has familiarized themselves with and accepted the T&C,
    3) has purchased Organizer’s NFT from Genesis Collection and has Ethereum wallet –
    an application that allows users to register a unique identifier, to use such unique
    identifier to access and to interact with the blockchain, and (subject to any
    technological restraint), to manage information (including any form of cryptographic
    asset) that is attributable to that unique identifier (including, for example,
    transferring any information) (hereinafter: “ETH wallet”) containing the above-
    mentioned NFT, and
    4) completed the Contest Task.
  4. Employees, members of the authorities and representatives of the Organizer and other
    entities directly involved in the preparation and conduct of the Contest, as well as
    immediate members of their families, i.e. ascendants, descendants, siblings, spouses,
    parents of spouses and persons in an adoption relationship with them, are excluded from
    participation in the Contest.
  5. The Contest will be implemented from 16.08.2022 to 7.09.2022 (“Contest Period”).
  6. The Contest is not limited to any geographical area.
  7. Participation in the Contest is voluntary.

§ 2. PRINCIPLES OF CONDUCTING THE CONTEST

  1. In order to participate in the Contest, the Participant should, in the Contest Period,
    provide an answer to the question “What is SOTA to you?” (“Contest Task“) by
    sending the Contest Task by e-mail: team@bysota.com.
  2. The Participant, while sending the Contest Task, is obliged to declare their familiarity
    with the content of the Terms and Conditions and their acceptance of them (e.g. “I
    declare that I have familiarized myself with the content of the T&C and I accept them”).
  3. The Participant, by completing the Contest Task, declares that the Participant is the sole
    creator of this Contest Task and that the Contest Task does not violate any rights of third
    parties, and the Contest Task submitted by the Participant is not burdened with any legal
    or physical defects.
  4. The Participant is obliged to ensure that the Contest Task complies with applicable laws,
    in particular with regard to infringement of rights of third parties. The Participant is not
    entitled to include in the Contest Task the personal data or image of third parties without
    the legally required permission or their consent, unless such consent is not required
    under the law. In the event that the Participant includes their own image, the Participant,
    by submitting the Contest Task, consents to its dissemination to the extent specified in
    the T&C for the purpose of the Contest.

§ 3. PRIZES

  1. The Organizer provides prizes in the form of physical skateboards with graphics from
    the Genesis NFT Collection (the “Prize“), each with a gross value of $299. The
    Organizer will select the winners of the Prizes in accordance with this T&C from among
    the Contest Participants (“Winners”). Contest Winners are required to pay the
    delivery costs of the Prize (i.e. travel costs, customs and other costs/charges or any
    public levies e.g. related with winning, that may be required, depending of the Prize’s
    destination; hereinafter: “Delivery Costs”). The Winner accepts covering all Delivery
    Costs of the Prize. As the Delivery Costs depend on the delivery location and delivery
    method chosen by the Winner, the method and the term of payment for Delivery Costs
    will be agreed individually with the Winner (in particular, the Winner may be required to
    pay Delivery Costs in advance).
  2. The right to the Prize cannot be transferred to third parties and there is no possibility to
    receive the cash equivalent of the Prize in money.
  3. For the avoidance of doubt, a person who does not have Organizer’s NFT from Genesis
    Collection in his wallet in the Contest Period cannot win a Prize.

§ 4. ANNOUNCEMENT OF WINNERS, RELEASE OF PRIZES

  1. In the Contest, from the submitted Contest Tasks, 100 Winners will be selected by the
    Contest Committee appointed by the Organizer. The Contest Commission will take into
    account, among others, originality, creativity and compliance with the Contest Task. The
    Organizer reserves the right to select the Winners of the Contest on a discretionary basis.
  2. The selection of the Winners will take place during the Contest Period on the following
    dates: 19.08., 26.08., 2.09., 7.09.
  3. Winners will be informed individually in case of winning the Prize in the Contest.
  4. One person can win more than one Prize.
  5. Winners shall, within 14 days of notification of winning, be obliged to provide the
    Organizer with the data enabling the issuance of the Prize: (i) name, last name, age,
    phone number, address; (ii) information to authenticate possession of the Organizer’s
    Genesis NFT in the ETH wallet. This information must be provided by e-mail:
    team@bysota.com.
  6. Prizes will be sent to the address provided by the Contest Winners, via the form of
    shipment chosen by them (from the forms proposed by the Organizer) – within 30 days
    from the date on which the deadline for sending the above data expires (costs and
    delivery time may vary depending on form of delivery chosen by each Winner) and only
    after the Winner has paid the Delivery Costs, which are necessary to ship the Prize.
    Other Delivery Costs such as customs and other costs/charges or public levies may not
    be paid until they are due.

§ 5. LIABILITY

  1. The Organizer shall supervise the course of the Contest and the Participants’ actions
    undertaken in the Contest.
  2. Contest Tasks sent after the Contest Period has ended or in violation of the T&C’s will
    not be able to participate in the Contest.
  3. The Organizer may exclude a Participant from the Contest if: (i) the Participant’s Contest
    Task is inconsistent with the T&C; (ii) the Contest Task contains vulgar or offensive
    content or is inconsistent with good morals or common law; (iii) the Contest Task
    violates the rights of third parties; (iv) the Participants otherwise violates T&C’s.
  4. The legitimacy of the exclusion may be contested by the Participant through a complaint
    procedure.

§ 6. INTELECTUAL PROPERTY RIGHTS

  1. The Participant, by submitting the Contest Task, declares that they performed such Task
    independently and that they have exclusive and unlimited copyrights and moral rights to
    the Contest Task.
  2. Non-compliance with the truth of the statement indicated in paragraph 1 above will be
    treated as a material breach of the T&C and will result in the exclusion of the Participant
    from the Contest.
  3. The Participant, upon submission of the Contest Task, grants the Organizer a license to
    use the Contest Task and all its elements to the fullest extent permitted by law (on the
    following fields of exploitation):
    1) within the scope of fixing and reproduction of works – production of copies of a
    work with the use of specific technology, including printing, reprographics, magnetic
    fixing and digital technology;
    2) within the scope of trading the original or the copies on which the work was fixed –
    introduction to trade, lending for use or rental of the original or copies;
    3) within the scope of dissemination of works in a manner different from defined in
    subparagraph 2 above – public performance, exhibition, screening, presentation and
    broadcasting as well as retransmission, and making the work publicly available in
    such a manner that anyone could access it at a place and time selected thereby.
  4. The Organizer is entitled to transfer the license granted to him to third parties.
    Notwithstanding the above, the Participant, upon submission of the Contest Task, agrees
    to make changes, modifications to the Contest Task and to use the developed versions of
    the Contest Task to the extent indicated in paragraph 3 above.
  5. At the moment of submission of the Contest Task, the Participant permits the use of the
    Contest Tasks within the scope indicated to the T&C’s both with the name of the
    Contest Winner who submitted the Contest Tasks, as well as without the name of the
    Contest Winner.
  6. The permission referred to in paragraphs 5 shall be irrevocable, non-exclusive, royalty-
    free (with claims against the Winner for the permission being exhausted by the Prize)
    and granted without quantitative and territorial limitations. The permission and license
    shall be granted for a fixed period of 5 years, and shall thereafter convert into a
    permission and license granted for an indefinite period.
  7. The Participant will be held liable, in accordance with applicable laws, in the event that
    the publication and use to the extent specified in the T&C of the Contest Task submitted
    by the Participant results in a violation of applicable laws and the rights of third parties,
    including copyright or the right to image.

§ 7. PERSONAL DATA

  1. The personal data of the Contest Participants shall be protected in accordance with
    Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27,
    2016 on the protection of natural persons with regard to the processing of personal data
    and on the free movement of such data and repealing Directive 95/46/EC (hereinafter
    GDPR“).
  2. The administrator of personal data is the Organizer, who can be contacted by post to the
    address indicated in § 1 point 2. of the T&C or by e-mail to team@bysota.com.
  3. The Participants’ personal data will be processed exclusively for the purpose of carrying
    out the Contest, selecting the Contest Winners, delivering the Prizes in the Contest on
    the basis of the Administrator’s legitimate interest (Article 6(1)(f) GDPR), informing
    about the end and results of the Contest, handling complaints, and providing necessary
    contact for conducting the Contest.
  4. Participants’ data will be processed for no longer than necessary to realize the legitimate
    interest of the Administrator.
  5. The Participant, under the terms of the GDPR, has the right to access the content of their
    data and to correct it, to restrict its processing to demand its deletion. To the extent that
    the data is processed on the basis of the legitimate interest of the Administrator, the
    Participant may object on the basis of his/her legitimate situation.
  6. The Participant has the right to file a complaint with the President of the Office for
    Personal Data Protection regarding the processing of their personal data. The Contest
    Organizer may transfer the data of selected Participants to entities involved in the
    delivery of Prizes awarded.
  7. Participants’ data will not be used to make automated decisions or subjected to profiling.
  8. Providing personal data is voluntary, but necessary to participate in the Contest and
    receive the Prize.

§ 8. COMPLAINTS PROCEDURE

  1. Independently and without affecting the Organizer’s liability to the consumer, as
    provided by generally applicable law, and the consumer’s rights to make and pursue
    claims, all complaints regarding the Contest may be submitted to the Organizer.
  2. Complaints will be considered by a complaints committee, appointed by the Organizer.
  3. The complaint may be submitted via email to team@bysota.com with the annotation
    “Complaint – Contest “Claim Your Deck”.
  4. The complainant should make their data visible in the content of the complaint, to allow
    contacting with regard to the outcome of such complaint procedure.
  5. The Organizer will respond to the complaint within 21 days counted from the day of its
    receipt.

§ 9. FINAL PROVISIONS

  1. The T&C are available at: www.bysota.com/cydtc.
  2. The Organizer declares that the Contest is not a game of chance, a fantasy lottery, a pari-
    mutuel bet, a promotional lottery, the outcome of which depends on chance, or any other
    form of game provided for in the Act of November 19, 2009 on gambling. (i.e. Journal
    of Laws 2022 item 888).
  3. The provisions of these T&C shall be governed by the laws of Poland. In matters not
    regulated by the T&C, the provisions of the Civil Code and the Law on Copyright and
    Related Rights shall apply in particular.
  4. The Organizer reserves the right to make changes to these T&C, in particular, the
    Organizer may extend the Contest Period. The Organizer will inform the Participants
    about the introduced changes 5 days in advance, on its website and in other places where
    the T&C are made available. The changes will not affect the rights acquired by the
    Participants related to the actions performed by the Participants described in the T&C,
    which took place before the change of the Terms and Conditions became effective.
  5. Any disputes arising from the performance of obligations related to this Contest shall be
    resolved by the competent common court.

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