NFT Participation Conditions

The participation in the competitions for non-fungible-token art (“NFT Art”) and the conduct of the competitions are exclusively subject to the following conditions.

1. Eligibility

Any natural person who has reached the age of 18 is entitled to participate. The Organizer’s employees are excluded from participation.

2. Competition process

The competitions for NFT Art are organized by the ElonGate Team(“Organizer”). The Organizer releases new NFT Art from different artists at the intervals of every second week or month and places them for competition on the landing website (“Website”).

3. Purchase of NFT Art

Once the winner is selected, he/she will be directed to OpenSea to purchase the NFT Art (via email). Exclusively the following cryptocurrencies may be used for the purchase: ETH, WETH, DAI or USDC. ElonGate tokens may not be used as a means of payment.
There is no purchase obligation of the winner.
Most of the profits from the sale of NFT Art is provided to charities selected by the Organizer at its own discretion.

4. Participation

Participation in the competition is free of charge.

In order to participate in the competition, it is necessary to submit the first name, last name and email address on the Website. The participant is responsible for the accuracy of the provided data. For the processing of the Prize (or the release thereof, respectively), truthful personal details stating the actual name of the participants are required. The use of identities which are forged or assigned to third persons is not permitted.

Participation is only possible within the competition period set by the Organizer. Registrations received after the competition period will not be considered in the competition.

Participants may only register once for the respective competition. Participants are not allowed to use multiple email addresses to increase the chances of winning. It is, however, possible to register again for next competitions.

The operator reserves the right, at its own discretion, to exclude participants from participation in the competition if there is a justified reason that one of the following situations is present:

  i) Manipulation in connection with access or conduct of the competition;
  ii) Violations of these conditions of participation;
  iii) Unfair actions;
  iv) false or misleading information in connection with participation in the competition.

5. Termination of the competition

The Organizer expressly reserves the right to terminate the respective competition without prior notice and without giving reasons. The Organizer will, in particular, make use of this option if the proper conduct of the competition cannot be guaranteed for technical or legal reasons.

6. Privacy

The Organizer is the data controller. If you have any questions regarding data protection, please do not hesitate to contact the Organizer using the following contact details [email protected]

For participation in the competition, the provision of personal data is necessary (type of data: see above). The Organizer collects, processes, uses and stores the participant data only for the purpose of conducting the competition. The data collected is required for the conduct of the competition, for the notification of the winner and for the processing of the release of the Prize (which is the Organizer’s legitimate interest). The legal basis for the processing is art. 6 para. 1 let. f GDPR.

The participant assures that the personal information provided by him/her, in particular first name, last name and email address are true and correct.

The Organizer points out that all personal data of the participant will neither be passed on to third parties nor given to them for use without their consent.

In the event of a win, the winner agrees to the publication of his/her name in the advertising media used by the Organizer. This includes the announcement of the winner on the Organizer’s website and its social media platforms.

Personal data provided by the participant will be deleted once the respective personal data is no longer needed for the above-mentioned purpose. Legal data storage obligations remain reserved.

The participant has the right to information, correction, limitation of data processing, deletion of personal data, objection, revocation of the declaration of consent under data protection law for the future and data transferability within the framework of the data protection law applicable to the participant and to the extent provided for therein (such as in the case of the GDPR).

7. No Liability and No Warranties

Neither the Organizer nor any of its agents has nor will enter into any legal or factual relationship with any participants of the competition. Consequently, neither the Organizer nor any of its agents is liable to any participant for damages, including any general, special, incidental or consequential damages arising out of or in connection with the competition and the purchase of the NFT Art (including but not limited to loss and consequential damages).

The OpenSea platform is a third party and in no legal relationship with the Organizer. Consequently, the Organizer does not assume any liability of any kind for damages of any participant arising out of or in connection with any action or omission by OpenSea.

The Organizer does not assume any warranty of any kind, express or implied, with respect to the conduct of the competition and/or the NFT Art (in particular, but without limitation, the purchase of the NFT Art, its qualities and/or characteristics).

Any legal action is excluded.

8. Applicable law and jurisdiction

The participation in the competitions and the conduct of the competitions according to these terms is exclusively subject to the law of Switzerland (without its conflict of law provisions). The courts at the Organizer’s domicile shall have exclusive jurisdiction.

9. Severability clause

If any provision of these conditions of participation is or becomes invalid in whole or in part, this shall not affect the validity of the remaining provisions of these conditions of participation. Instead of the invalid provision, the legally permissible provision that comes closest in economic terms to the meaning and purpose expressed in the invalid provision shall apply. The same shall apply in the event of a loophole in these conditions of participation.

10. Modifications

The conditions of participation may be changed by the Organizer at any time without prior notice and without giving reasons.

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