T&C's
OISY REWARDS INITIATIVE - TERMS AND CONDITIONS
DFINITY Foundation, domiciled at Genferstrasse 11, 8002 Zurich, Switzerland (the “Foundation”) offers the OISY Sprinkles Program (the “Initiative”), inviting Participants to engage on the OISY platform and provide valuable feedback through such engagement. These Terms and Conditions (the “Terms”) apply to your participation in the Initiative and describe the Initiative’s requirements as well as the Rewards that you may be eligible to receive.
YOUR ENTRY IS VOID WHERE PROHIBITED. YOUR PARTICIPATION IN THE INITIATIVE IS ENTIRELY VOLUNTARY, BUT IF YOU ARE PARTICIPATING IN THE INITIATIVE YOU MUST STRICTLY ADHERE TO THESE TERMS. YOU MAY RECEIVE A REWARD (WHERE PERMITTED BY LAW) UPON RANDOM SELECTION BY AN ALGORITHM. REWARDS ARE AWARDED AT THE SOLE DISCRETION OF THE FOUNDATION AND IS NOT GUARANTEED.
Certain Definitions.
“Participant” means all individuals that participate in the Initiative.
“Reward” means the tokens which may be awarded to Participants who have been randomly selected by an algorithm as a winner.
“Intellectual Property Rights” means patent rights (including patent applications and disclosures), copyrights, trademarks, trade secret rights, work and any other tangible or intangible property rights recognized in any country or jurisdiction in the world.
“Foundation Materials” means all information and materials that may be provided to Participant by the Foundation pursuant to the Initiative and all Intellectual Property Rights thereto.
Eligibility; Initiative Requirements:
a. You may only participate in the Initiative if:
You are over 18 years old at the time of participation in the Initiative;
You are a resident of a jurisdiction where entry to the Initiative is not prohibited by law;
You are not a resident of, citizen, or located in a geographic area that is subject to UN-, US-, EU-, Swiss or any other sovereign country sanctions or embargoes;
You, nor, if applicable, any third party entities that you represent (i) is listed or associated with any person or entity being listed on any of the US Department of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially Designated Nationals List, the EU Consolidated List of Persons, Groups and Entities Subject to EU Financial Sanctions or the Swiss SECO’s Overall List of Sanctioned Individuals, Entities and Organizations, (ii) is a person identified as a terrorist organization or any other relevant lists maintained by any governmental authority;
Your participation in the Initiative is not in violation of any national, state, or local law or regulation applicable to you; and
If required, you successfully pass KYC, as applicable, according to a process that, in the sole discretion of the Foundation, is deemed sufficient.
b. The Initiative is open to individuals and entities that have completed the requirements following the instructions found here https://docs.oisy.com/rewards/get-to-know-oisy. If you are an employee of the Foundation or any of its subsidiaries or affiliates or an immediate family member of anyone thereof, you are eligible to participate in the Initiative but are ineligible to receive Rewards.
All Participants grant the Foundation a royalty-free worldwide license and right in perpetuity to use their name, image, and likeness for the purposes of producing, promoting, and advertising the Initiative, the Internet Computer and/or OISY.
Rewards. To be eligible to receive any Reward, participants must actively engage with our platform features and fulfill specific engagement criteria set for each reward cycle. REWARDS ARE DISBURSED TO PARTICIPANTS SELECTED RANDOMLY BY AN ALGORITHM AND EXECUTED VIA SMART CONTRACT. ALL DECISIONS RELATED TO THE INITIATIVE ARE FINAL AND NON-APPEALABLE. Taxes or other costs, if any, relating to receipt, acceptance and or use of Rewards are the sole responsibility of the Participant and the Foundation is not responsible for any disputes regarding reward dispersal.
Entrant Requirements.
Rewards are granted without warranty of any kind from the Foundation, express or implied, without limitation. All applicable laws and regulations apply.
5. Marketing and Promotion.
Publicity. You will not issue any press releases or similar public announcements in connection with these Terms, without the prior written approval of the Foundation.
Public Relations. You will: (a) conduct your business and activities in connection with these Terms in such a manner so as to promote a good image and public relations for the Foundation, the Internet Computer and OISY; (b) not engage in any unfair or deceptive trade practice involving the Foundation, the Internet Computer or OISY; and (c) not make any false, misleading or disparaging representations or statements with regard to the Foundation, the Internet Computer or OISY.
6. Representations and Warranties.
Participant Representations and Warranties. You represent and warrant that: (a) you have the authority to enter into these Terms; and (b) the information submitted to the Foundation in connection with your participation in the Initiative, including in any application or Entry, is accurate and complete.
Disclaimer. THE INITIATIVE WEBSITE, INCLUDING BUT NOT LIMITED TO THE FOUNDATION WEBSITE, THIRD PARTY WEBSITES SUPPORTING THE INITIATIVE, AND ANY FOUNDATION MATERIALS YOU MAY HAVE ACCESS TO IN CONNECTION WITH THE INITIATIVE ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. THE FOUNDATION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, ARISING BY LAW OR OTHERWISE) IN CONNECTION WITH THESE TERMS, INCLUDING ANY REPRESENTATIONS OR WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FOUNDATION MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE INITIATIVE, THE INITIATIVE SITE, FOUNDATION WEBSITES OR FOUNDATION MATERIALS WILL MEET YOUR REQUIREMENTS, THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (II) YOU WILL PROFIT OR DERIVE ANY ECONOMIC BENEFIT FROM YOUR PARTICIPATION IN THE INITIATIVE.
7. Intellectual Property.
Participant Materials. By participating in this Initiative, you agree that any creative ideas, suggestions, or other materials you submit in connection with this Initiative, in any form, are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and the Foundation in any way, and that you have no expectation of review, compensation, or consideration of any type either now or in the future.
Foundation Materials. The Foundation hereby grants Participant, during the Term, a limited license to use the Foundation Materials solely in connection with Participant’s participation in the Initiative. Such a limited license will automatically terminate once you are no longer a Participant in the Initiative.
Ownership. As between you and the Foundation, the Foundation owns all right, title and interest in and to the Foundation Materials (including, the Initiative site, the Foundation website and its trademarks, as well as all associated Intellectual Property Rights thereto. There are no implied licenses granted by either party, whether by implication, estoppel or otherwise.
8. Confidentiality. At all times, during the term of these Terms and thereafter, and to the fullest extent permitted by law, you agree to hold all Confidential Information (as defined below) in strict confidence, not to use it in any way, commercially or otherwise, except for purposes contemplated under the Initiative, and not to disclose it to others. You also agree to take all actions reasonably necessary to protect the confidentiality of all Confidential Information. As used herein, “Confidential Information” means: (i) any information, materials or knowledge regarding OISY, the Internet Computer ,the Foundation and its business, financial condition, products, programming techniques, customers, suppliers, technology or research and development that is disclosed to you or to which you have access in connection with participating in the Initiative and (ii) these Terms. Confidential Information will not include any information that: (a) is or becomes part of the public domain through no fault of you; (b) was rightfully in your possession at the time of disclosure, without restriction as to use or disclosure; or (c) you rightfully receive from a third party who has the right to disclose it and who provides it without restriction as to use or disclosure. Notwithstanding the foregoing, Confidential Information includes any information that, due to its nature or the circumstances of its disclosure, a reasonable person would know, or would have reason to know, should be treated as confidential.
9. Release and Indemnification. You agree to fully and finally release, indemnify, defend and hold the Foundation and its parent, affiliates, subsidiaries, directors, officers, employees and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Initiative, harmless from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Initiative, your Participant Materials or acceptance or use of a Reward, including without limitation (i) any condition caused by events beyond the Foundation’s control that may cause the Initiative to be disrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of any benefit you may receive in connection with the Initiative, or acceptance, possession, or use of a Reward, or from participation in the Initiative; and (iii) any printing or typographical errors in any materials associated with the Initiative.
10. Limitation of Liability. NEITHER THE FOUNDATION NOR ANY OTHER PARTY INVOLVED IN THE ADMINISTRATION OF THE INITIATIVE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE FOUNDATION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES CAUSED BY GROSS NEGLIGENCE OR WILLFUL INTENT, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE FOUNDATION’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED FIFTY U.S. DOLLARs ($50.00). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE FOUNDATION.
11. Termination. The term of these Terms commences from the date the Initiative begins and continues until (i) the completion of Participant’s participation in the Initiative or (ii) these Terms or the Initiative is terminated by the Foundation, whichever is earlier (the “Term”). For example, if for any reason the Initiative is not capable of running as planned due to unforeseen changes in business conditions, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Initiative, the Foundation reserves the right at its sole discretion to amend these Terms or cancel, terminate, modify or suspend the Initiative and terminate these Terms. The Foundation may also terminate these Terms for convenience upon ten (10) days’ written notice. Upon any termination, discontinuation or cancellation of the Initiative or these Terms, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
13. Assignment. You may not assign or transfer these Terms by operation of law or otherwise) without the prior written consent of the Foundation and any prohibited assignment will be null and void. The Foundation may assign these Terms or any rights hereunder without your consent. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties’ permitted successors and assigns.
14. Miscellaneous. The Foundation is not responsible for transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Participant Materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by the Foundation on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. The Foundation is also not responsible for injury or damage to your computer or any other damage resulting from any downloading of any materials in connection with the Initiative. In the event that any provision in these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. You agree that these Terms and the rules, restrictions and policies contained herein, and the Foundation’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and the Foundation. These Terms, any exhibits, and any other policies of the Foundation incorporated herein by reference constitute the entire agreement between the Foundation and you with respect to the subject matter of these Terms.
15. Governing Law; Dispute Resolution. These Terms will be governed by and interpreted in accordance with the laws of Switzerland excluding that body of law pertaining to conflict of laws. Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force when the Notice of Arbitration is submitted in accordance with those rules. The law of this arbitration clause shall be Swiss law. The seat of arbitration shall be Zurich, Switzerland. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
16. Contact. If you have any questions about the Initiative or the Terms, please contact support@oisy.com.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT REGISTER OR OTHERWISE PARTICIPATE IN THE INITIATIVE.
Last updated