Competition and Incentivised TestnetActivity Terms and Conditions
Last updated: 27 September 2021
Status of these Terms and Conditions
These Terms and Conditions form a legally binding agreement between you and us (Gobalsky Labs Limited). We reserve the right to change them and update them from time to time. If we do so, we will post the changes on the website vega.xyz. By entering a Competition or Incentivised Testnet Activity (both as defined below), you agree to be bound by these Terms and Conditions.
These Terms and Conditions apply to all (i) competitions, contests and games (“Competitions”); and (ii) other incentivised activities relating to the testnet (“Incentivised Testnet Activities”) associated with the development and improvement of the Vega Protocol software.
These Terms and Conditions may be supplemented and/or amended in respect of any individual Competition or Incentivised Testnet Activity in the terms relating to that Competition (the “Competition Notice”) or Incentivised Testnet Activity (“Incentivised Testnet Activity Notice”). In the event of a conflict between these Terms and Conditions and any Competition Notice or Incentivised Testnet Activity Notice, the Competition Notice or Incentivised Testnet Activity Notice (as applicable) will prevail.
There will be no purchase requirement or charge to enter any Competition or Incentivised Testnet Activity.
Intellectual Property Rights
We do not, unless we agree with you otherwise, claim any rights of ownership in any work product produced by you by participation in a Competition or Incentivised Testnet Activity (“Work Product”). As such, you retain ownership of and any copyright relating to any Work Product, although we will be able to use your Work Product as set out at clause 3.2. below. You will also have the right to use your Work Product in any way you choose. Where in exceptional cases it is a condition of any Competition or Incentivised Testnet Activity that we receive ownership of any Work Product, we will state that condition in the relevant Competition Notice or Incentivised Testnet Activity Notice.
In consideration for our agreement for you to enter a Competition or Incentivised Testnet Activity, you hereby agree that we (and any third parties authorised by us) may make any and all Work Products available in publications and on websites and any other media, including social media channels such as Discord, Twitter and Telegram, whether now known or invented in the future. You now grant us (and third parties authorised by us) a royalty-free, non-exclusive, worldwide, irrevocable licence (for the full period of any rights in the Work Product) to use, display, publish, transmit, copy, make derivative works from, edit, alter, store, re-format, and sub-licence the Work Product for such purposes.
We do not guarantee to use or otherwise make available any Work Product. We may, in appropriate circumstances, and at our sole discretion, reject, edit, remove or disable access to Work Product that appears to us to be legally or otherwise problematic for example because it might infringe the copyright or other intellectual property or privacy rights of others, or is defamatory or for any other reason.
Your entry and any information submitted by you must be personal to and relate specifically to you. You hereby warrant that your Work Product and all information that you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening.
If relevant, we reserve the right, but not the obligation, to screen, filter and/or monitor any Work Product provided by you and to edit, refuse to distribute or remove the same.
Information and Eligibility
By participating in a Competition or Incentivised Testnet Activity, you hereby warrant that all information submitted by you is true, current and complete. We reserve the right to verify the eligibility of all entrants.
Only natural human persons are eligible to participate in Competitions and Incentivised Testnet Activities. All other persons are ineligible (“Ineligible Persons”).
All persons who are not individuals of at least 18 years of age and with sufficient legal capacity to accept these Terms and Conditions and enter into a binding contract with us on these Terms and Conditions are Ineligible Persons. By participating in a Competition or Incentivised Testnet Activity, you warrant that you are at least 18 years of age.
Some Competitions and Incentivised Testnet Activities might entitle some participants and/or winners to prizes or rewards (“Rewards”).
Rewards are non–transferable and there is no cash alternative. We reserve the right to substitute Rewards of equal or greater value at any time.
Rewards are awarded at our sole discretion and no Rewards will be awarded as a result of improper actions by or on behalf of any entrant.
All taxes, transfers costs and other expenses relating to Rewards, unless specifically stated, are the sole responsibility of the recipient.
The following persons (“Excluded Persons”), whether or not they are Ineligible Persons, are not permitted to and will not receive any Rewards denominated in VEGA Tokens:
Residents of the Crimea Region or any of the following countries: People’s Republic of China, Canada, Burma/Myanmar, Cuba, Iran, North Korea, Syria, Crimea Region, Bangladesh, Bolivia, Sudan, Ecuador, Egypt, Kyrgyzstan, Morocco, Namibia;
Citizens, residents or green card holders of the United States of America.
Unless otherwise stated in respect of any particular Competition or Incentivised Testnet Activity, Excluded Persons will not be entitled to, and will not receive, Rewards denominated in any asset or currency other than VEGA Tokens.
Limitation of Liability
We do not accept any responsibility for any damage, loss, injury or disappointment suffered by you from participating in any Competition or Incentivised Testnet Activity or as a result of accepting any Reward.
We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation in a Competition.
Nothing in these Terms and Conditions shall exclude our liability for death or personal injury as a result of our negligence, or any other liability that cannot be excluded or limited by applicable law.
Data Protection and Publicity
Winners or participants in Competitions and Incentivised Testnet Activities may be requested to take part in promotional activity and we reserve the right to use their names in any publicity both in paper and online. By participating in a Competition or Incentivised Testnet Activity, you consent to such use of your personal data.
Law and Jurisdiction
These terms and conditions shall be governed by the laws of Gibraltar and any disputes will be subject to the exclusive jurisdiction of the courts of Gibraltar.
Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
Our failure to assert our rights in relation to any breach of these Terms and Conditions shall not constitute a waiver of such rights, nor will any such waiver be implied.
If any provision of these Terms and Conditions (or part thereof) is invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of the Terms and Conditions will not be affected.
We reserve the right to cancel or amend the Competition Notice, Incentivised Testnet Activity Notice or these Terms and Conditions without notice in the event of a catastrophe, war, pandemic, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside our reasonable control. Any changes will be posted either within these Terms and Conditions or the relevant Competition Notice or Incentivised Testnet Activity Notice.
In the event of any dispute regarding conduct, results and all other matters relating to a Competition or Incentivised Testnet Activity, our decision shall be final and no correspondence or discussion shall be entered into.