Rules of Happy HODLdays Promotional Campaign
1. General Rules
1.1. Happy HODLdays promotional campaign (hereinafter referred to as “the Campaign”) is organized by Nexo Capital Inc., a Cayman Islands company, with its registration number MT-332370, having its registered office at Two Artillery Court, 2nd Floor, 161 Shedden Road, George Town, P.O Box 799, KY1-1103, Cayman Islands (hereinafter referred to as “the Organizer” or ““Nexo””).
1.2. The Campaign shall be conducted within the period from 00:00 UTC on 1st December 2019 until 00:00 UTC on 31st December 2019 (hereinafter referred to as “the Campaign Period”).
1.3. The organization and conduct of the Campaign, as well as the participation therein, shall be governed by the terms and conditions of the present Rules of Happy HODLdays Promotional Campaign (hereinafter referred to as “the Rules”). The Rules are available on the website of the Organizer: https://nexo.io/ (hereinafter referred to as “the Website”).
2. Right of Participation
2.1. Every individual aged at least 18, who is granted an instant crypto credit line by the Organizer within the Campaign Period and complies with all the terms and conditions of the Rules, is eligible to participate in the Campaign (hereinafter referred to as “the Participant”).
2.2. Employees of the Organizer and employees of the Organizer’s affiliated entities, as well as members of the families of such employees, are not eligible to participate in the Campaign.
2.3. By participating in the Campaign, every Participant declares his/her full and unconditional consent to the Rules and agrees to accept as final and binding all Organizer’s decisions with regard to the Campaign.
3.1. Every Participant enters the Campaign and can win a prize only when all of the following conditions are met thereby within the Campaign Period:
3.1.1. the Participant has applied for an instant crypto credit line by submitting an online application available on the Website;
3.1.2. the Participant has opened an account on the Website and has deposited the collateral required (hereinafter referred to as “the Nexo Account”);
3.1.3. the loan amount has been granted by the Organizer. For avoidance of doubt, the loan amount shall be deemed granted within the Campaign Period if transferred by the Organizer until 00:00 UTC on 31st December 2019 to the bank account specified in the Participant’s application.
3.2. Every Participant can make several entries for participation in the Campaign using one or several Nexo Accounts, whereas each separate entry shall be assessed for compliance with the Campaign’s requirements independently. In case any Participant uses fraudulent methods or otherwise attempts to circumvent the Rules, all his/her entries, at the sole discretion of the Organizer, may be disqualified from participation in the Campaign.
4.1. The winner of the Campaign (hereinafter referred to as “the Winner”) will receive 1 (one) Bitcoin. Actual or appraised value of the prize may differ at the time of the prize award.
4.2. The Winner shall be fully and solely responsible for: (i) any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, any fees or sanctions imposed in this regard; (ii) ensuring his/her compliance with any and all applicable federal, state, and local laws and regulations in regard to the prize receipt.
4.3. Requests for cash or another prize substitution, as well as requests for transfer or assignment of the prize to third parties shall not be allowed and considered by the Organizer.
5. Winner Selection and Notification
5.1. The Winner will be selected by the Organizer on 6th January 2020 by way of a random drawing of all entries eligible to participate in the Campaign. The Winner will be notified via e-mail or phone call within 5 (five) days following his/her selection.
5.2. The Organizer shall have no liability for the Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for the Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the prize within 15 (fifteen) days as of the time of sending the prize notification, the Organizer, at its sole discretion, may invalidate the Winner selection and select an alternate Winner.
5.3. The prize will be transferred to the Winner’s Nexo Account within 3 (three) days following his/her confirmation to the Organizer via e-mail.
ANY VIOLATION OF THE RULES BY THE WINNER WILL RESULT IN THE WINNER’S DISQUALIFICATION AS A WINNER OF THE CAMPAIGN.
6. Rights Granted by the Participants
6.1. By entering the Campaign every Participant declares his/her full and unconditional consent that he/she understands and agrees that the Organizer shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media, in perpetuity and throughout the world, without limitation, the Winner’s entry, name, image in social media and networks, social media likeness and followings, statements about the Campaign, and any information visible in social media profiles, without any further compensation, notice, review or consent.
7. Rights Reserved by the Organizer
7.1. The Organizer reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond the Organizer’s control corrupts or affects the administration, security, fairness, or proper conduct of the Campaign. In such a case, the Organizer may select the Winner from all eligible entries received prior to the action taken by the Organizer.
7.2. The Organizer reserves the right, at its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or the Website or violates the Rules. The Organizer has the right, at its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to the use of bots, macros, scripts, or other technical means for entering. Any attempt by a Participant to deliberately damage the Website or undermine the legitimate operation of the Campaign may represent a violation of criminal and civil laws. Should such an attempt be made, the Organizer reserves the right to seek damages to the fullest extent permitted by law.
8.2. By entering the Campaign, the Participant provides the Organizer with all data required for his/her participation in the Campaign, including but not limited to names, government issued identification document, e-mail, phone number, bank account, and grants his/her explicit and unconditional consent to the Organizer to use this personal data for the purposes of providing the credit line, for organization and conduct of the Campaign, as well as for transfer of the prize.
8.3. The legal grounds for data processing shall be conclusion and execution of a contract and explicit consent for participating in a marketing activity.
8.4. In the event the Organizer receives a request for restricting processing of the Participant’s personal data, the Organizer shall discontinue processing his/her personal data and shall disqualify the Participant’s entry or entries in the Campaign.
9.1. The Organizer, at its sole discretion, at any time during the Campaign Period, can amend the Rules, whereas all amendments shall become effective as of the date of publication of the amended version of the Rules on the Website.
9.2. The relation between the Participants and the Organizer shall be governed by the present Rules, the Organizer’s Credit Facility Master Agreement, where applicable, and the laws of England and Wales. Any dispute arising out of or in connection with the Campaign, unless settled amicably between the Organizer and the relevant Participant, shall be referred for settlement to the competent court in London, UK.
9.3. By entering the Campaign, every Participant declares that he/she has affirmatively reviewed, accepted, and consented to all terms and conditions of the Rules.