Last updated August 10th, 2020
PLEASE READ THESE TERMS AND CONDITIONS (“T&Cs”) CAREFULLY. BY PARTICIPATING IN THE EDUCATIONAL CAMPAIGN (“CAMPAIGN”) OF THE PROJECT, YOU WILL BE BOUND BY THESE T&Cs AND ALL TERMS INCORPORATED HEREIN BY REFERENCE.
BY ACCEPTING THESE T&CS, YOU WILL BE ENTERING INTO A BINDING AGREEMENT WITH THE PROJECT. IF YOU DO NOT AGREE TO ANY OF THE TERMS SET OUT IN THESE T&Cs, YOU BELIEVE THAT ANY TERMS SHOULD NOT APPLY TO YOU, OR YOU WISH TO NEGOTIATE THESE TERMS, PLEASE DO NOT PARTICIPATE IN THE CAMPAIGN.
PLEASE NOTE THAT PROJECT IS PROVIDING TO YOU AN EDUCATIONAL CONTENT FOR INFORMATIONAL PURPOSES ONLY. THIS CONTENT AND ANY INFORMATION CONTAINED THEREIN, DOES NOT CONSTITUTE A RECOMMENDATION BY PROJECT OR COINMARKETCAP TO BUY, SELL, OR HOLD ANY PROJECT TOKEN OR ANY OTHER DIGITAL ASSET REFERENCED IN THE CONTENT.
1. GENERAL TERMS
1.1 “Project” is an entity that is launching an Educational Campaign on CoinMarketCap and is the Party (defined below in clause 1.5) to these T&Cs.
1.2. “CoinMarketCap”, “CMC” is the world's most-referenced price-tracking website for cryptoassets in the cryptocurrency space that is hosting the Educational Campaign. CMC is NOT a Party to these T&Cs.
1.3. “Educational Campaign”, “Campaign” exclusively allows CMC Users to participate in tasks, challenges and/or competitions related to the Project on the CMC Educational Platform, with an opportunity for Eligible CMC Users to receive tokens associated with such Project for participating in Educational Campaigns.
1.4. “Eligible CMC User” shall mean a person/entity who has (a) registered an account at CoinMarketCap; and (b) accepted these T&Cs and agreed to participate in the Campaign as set out in T&Cs.
1.5. “Participant”, “your” or “you” is the Eligible CMC User who (a) received Project Content, (b) participated in the Campaign as set out in these T&Cs, and (c) fulfilled all the requirements prescribed by Project to be entitled to earn Project Tokens; You and the Project shall together be referred to as the “Parties” and references to a “Party” shall be to the relevant one of them as the context requires.
1.6. “Winner”, or “Winning User” shall mean a Participant that successfully completed the tasks prescribed by Project to earn Tokens.
1.7. “Successful completion of the task” shall mean the Participant answering all quiz questions correctly.
1.8. “Participation Period” shall mean a defined period of time between the Campaign Official Start and Completion Announcement Dates by CMC on CoinMarketCap site.
1.9. “Official Start Date”, or “Start Date” shall mean the date when the Participants are able to start completing the tasks by answering the quiz questions.
1.10. “Users from the Restricted Countries” shall mean the CMC Users from the following countries or regions that will not be able to participate in the Campaign: Belarus, Democratic Republic of Congo, Cuba, Iraq, Iran, Mainland China, North Korea, Sudan, Syria, United States of America and its territories (American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands), Zimbabwe.
1.11. “Token” shall mean a digital asset that is earned by the Participant and issued and distributed by the Project.
2. PROJECT CONTENT DELIVERY
2.1. Project shall procure that the Educational Platform delivers Project Content to CMC Users in any of the following ways:
(i) Articles or tutorial video(s) relating to the Project and/or the Project Tokens;
(ii) Engagement tasks relating to the Project and/or the Project Tokens which require CMC Users to complete;
(iii) Any other format as may be determined by the Project;
3. CAMPAIGN DURATION & COMPLETION
3.1. The Campaign on CMC shall remain open until the earlier to occur:
(i) The Campaign duration is complete;
(ii) The entire pool of Tokens is allocated among the Participants;
(iii) The Project or CMC at its sole discretion decides to cease the campaign;
4. USER ENGAGEMENT & METHOD OF PARTICIPATION
4.1. All Eligible CMC users will be economically incentivized to complete tasks and other types of challenges & competitions to learn about the Project on the Project’s CoinMarketCap campaign page.
4.2. The content to earn Tokens may include the introductory videos of the Project describing the technology & key innovations, followed by tutorials, quizzes, demos, trials, games (e.g. user ranking board) & different tasks such as to download & install a client, to promote the Project on social media, or to register an account with the Project.
4.3. Project and CMC reserve the right to change the terms, eligibility criteria and payouts for all Campaigns at any time and for any reason.
5. TOKEN ALLOCATION & DISTRIBUTION
5.1. Participants shall earn the Tokens according to the payout structure preset by the Project.
5.2. Tokens are distributed evenly across the Winners with a certain limit per Winner preset by the Project. The USD exchange rate of the Token on CoinMarketCap at 00:00 UTC on the Start Date shall be applied.
5.3. Earned Tokens will be created, issued and distributed by the Project.
5.4. The Project shall distribute the Tokens to the Users within 15 calendar days after the official completion of the Campaign.
5.5. CMC shall not be responsible in relation to the distribution of the Project Tokens to any Winner, including without limitation any loss, failure or delay in the delivery of the Project Tokens by the Project.
5.6. The Project shall have the right to:
(i) request the Winner to submit the wallet address thereof compatible for the receipt of Project Tokens to the Project Company through the Educational Platform;
(ii) direct the Winner to another website designated by the Project which contains the steps which such User will have to take in order to receive Project Tokens; or
(iii) engage a third party digital asset exchange or distribution platform (“Third Party Distribution Platform”) to facilitate the distribution of the Project Tokens to such Winning User, which may require the User to set up an account with the Third Party Distribution Platform.
6. PROJECT WARRANTIES
6.1. The Project hereby represents, warrants and undertakes as at the date hereof that:
(i) Project is an entity duly incorporated or formed, validly existing, and in good standing under the laws of the Project’s jurisdiction of incorporation or formation, and has full right, corporate, partnership, limited liability company or similar (as the case may be) power and authority to enter into and consummate the transactions contemplated by this T&Cs.
(ii) Project has all requisite power and authority to execute and deliver this T&Cs and to carry out and perform its obligations under this T&Cs.
(iii) Project complies with all anti-money laundering and anti-terrorism-financing requirements in all applicable jurisdictions.
7. PARTICIPANT WARRANTIES
7.1. By participating in the Campaign and accepting these T&Cs, you hereby represent and warrant that:
(i) you have read and understood these T&Cs;
(ii) you have the necessary authority and consent to accept these T&Cs, to enter into a binding agreement with the Project and to perform the obligations set out herein;
(iii) the acceptance of these T&Cs and the entry into a binding agreement with the Project shall not result in any breach of, be in conflict with, or constitute a material default under: (i) any provision of the Participant’s constitutional or organizational documents (in the case of a corporate entity including, without limitation, any company or partnership); (ii) any provision of any judgment, decree or order imposed on the Participant by any court or governmental or regulatory authority; and/or (iii) any material agreement, obligation, duty or commitment to which the Participant is a party or by which the Participant is bound;
(iv) you have sufficient understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens, token storage facilities (including digital token wallets), blockchain technology and blockchain-based software systems;
(v) you understand that the Token confer only a limited right to use and interact with the Platform as more particularly to these T&Cs, and that the Token confer no other rights of any kind with respect to the Project, including, but not limited to, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property rights), or other financial or legal rights;
(vi) you shall not use the Token to finance, engage in, or otherwise support any unlawful activities;
(vii) receiving the Tokens under these T&Cs is not unlawful or prohibited under the laws of your jurisdiction or under the laws of any other jurisdiction to which you may be subject;
(viii) you are not a citizen of or resident or domiciled in a Restricted Jurisdiction (as defined above), nor are you an entity (including, but not limited to, any company or partnership) incorporated, established or registered in or under the laws of a Restricted Jurisdiction;
(ix) you are not the subject of any sanctions administered or enforced by any country, government or international authority nor are you resident or established (in the case of a corporate entity) in a country or territory that is the subject of a country-wide or territory-wide sanction imposed by any country or government or international authority;
(x) you will comply with any applicable tax obligations in your jurisdiction arising from your acquisition, storage, sale or transfer of the Token;
(xi) you understand that the Token are solely rights to access and use services and products on the Platform, and do not have any attribute that provides the holder with equity, creditor or similar rights. The Token should not be considered investments of any type, including but not limited to, any form of currency or security, and the Participant should not expect profits of any type from acquiring the Token nor acquire the Token for any type of investment purposes;
(xii) you understand that you bear the sole responsibility to determine if obtainment of the Token, use of the Token and the potential appreciation or depreciation in the value of the Token over time, the sale and purchase of the Token and/or any other action or transaction related to the Project have tax implications for you;
(xiii) all of the above representations and warranties are true, complete, accurate and non-misleading from the time of your access to and/or acceptance of possession of these T&Cs.
8.1. You are responsible for implementing all reasonable and appropriate measures for securing the wallet, vault or other storage mechanism you use to receive and store Tokens that are issued to you, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s).
8.2. If your private key(s) or other access credentials are lost, you may lose access to your Token. The Project shall not be responsible for any security measures relating to your receipt, possession, storage, transfer or use of Token nor shall it be under any obligation to recover or return any Token. The Project hereby excludes (to the fullest extent permitted under applicable law) any and all liability for any security breaches or other acts or omissions which result in your loss of (including your loss of access to) Token issued to you.
9. INTELLECTUAL PROPERTY
9.1. Except as expressly set out in these T&Cs, you are not entitled, for any purpose, to any of the Project’s IP Rights. The Project shall at all times retain ownership, including all rights, title and interests in and to the Project’s IP Rights and you understand and accept that by participating in this Campaign pursuant to these T&Cs, you shall not: a) acquire or otherwise be entitled to any Project’s IP Rights; b) make a claim in respect of any Project’s IP Rights or any other equivalent rights; or c) use, attempt to use, copy, imitate or modify (whether in whole or in part) any Project’s IP Rights, except with the Project’s prior written consent.
10.1. To the fullest extent permitted by applicable law and except as otherwise specified in writing by the Project, the Project:
(i) does not represent or warrant that Tokens are reliable, current or defect-free, meet your requirements, or that any defects will be corrected; and
(ii) cannot and do not represent or warrant that or the delivery mechanism for the Tokens are free of viruses or other harmful components.
10.2. Neither these T&Cs nor the Project materials constitute a prospectus or offering document, and are not an offer to sell, nor the solicitation of an offer to buy any investment or financial instrument in any jurisdiction. The Tokens should not be acquired for speculative or investment purposes with the expectation of making a profit on immediate or future resale.
11. LIMITATION OF LIABILITY
11.1. To the fullest extent permitted by applicable law, in no circumstances shall the CMC or any of the CMC’s Indemnified Parties be liable for any loss of any kind (including, but not limited to, loss of revenue, income, business or profits, loss of contract or depletion of goodwill, loss of anticipated savings, loss of use or data, or damages for business interruption or any like loss) arising out of or in any way related to the acquisition, storage, transfer or use of the Token or otherwise related to these T&Cs, regardless of the cause of action.
12.1. You are solely responsible for determining whether the allocation of Token and/or any other action or transaction contemplated by these T&Cs give rise to any tax implications on your part.
12.2. You are also solely responsible for withholding, collecting, reporting, paying, settling and/or remitting any and all taxes to the appropriate tax authorities in such jurisdiction(s) in which you may be liable to pay tax. The Project shall not be responsible for withholding, collecting, reporting, paying, settling and/or remitting any taxes (including, but not limited to, any income, capital gains, sales, value added or similar tax) under or in connection with these T&Cs.
12.3. You agree not to hold the Project liable for any tax liability associated with or arising from the creation, ownership, use or liquidation of the Token or any other action or transaction.
13. DATA PROTECTION
13.1. The Project or CMC will not disclose your Personal Data except as expressly permitted under these T&Cs and otherwise only with your prior consent. However, the Project or CMC may be required to disclose your Personal Data and/or certain other information about you to the extent required by applicable law or by an order of a court or competent governmental or regulatory authority. By accepting these T&Cs, you expressly agree and consent to your Personal Data being disclosed to third parties to any extent required for the purposes of compliance with applicable laws or regulations.
2. Your Personal Data shall be processed in accordance with applicable privacy laws regarding personal data, and you agree that the data controller may directly or through our service providers or agents process your Personal Data for any one or more of the following purposes:
(i) the processing of transactions related to the Educational Campaign pursuant to these T&Cs;
(ii) providing you with information about CMC, Project and their range of services;
(iii) compliance with any requirement imposed by applicable law, by applicable regulation, or by an order of a court or competent governmental or regulatory authority;
(iv) management of enquiries and complaints;
(v) resolving any Disputes with you;
(vi) producing summary information for statistical, regulatory and audit purposes;
(vii) any other reasonable purposes permissible and in accordance with applicable law;
13.3 You have a right to access your Personal Data and it is your responsibility to inform the Project and CMC of any changes to your Personal Data to ensure such data remains accurate.
14.1. The Project or CMC may amend these T&Cs, including where there are changes to the intended functionality of the Token or as may be otherwise required by any laws or regulatory requirements. If the Project or CMC make any amendments to these T&Cs, a notice together with the updated T&Cs will be published on CMC’s Website with adjusted “Last Updated” date section at the top of these T&Cs. To the extent permissible by law, any amended T&Cs shall become effective immediately upon the publication of such notice on CMC Website. It is your responsibility to regularly check the CMC Website for any such notices and updated T&Cs.
14.2. These T&Cs constitute the entire agreement between the Parties in relation to its subject matter.
14.3. Nothing in these T&Cs shall be deemed to create any form of partnership, joint venture or any other similar relationship between you and the Project and/or other individuals or entities involved with the development and deployment of the Token and/or the Project’s Indemnified Parties.
14.4. The Project may transfer by way of assignment or transfer of contract part or all of its rights under these T&Cs to one of the Project’s affiliates or third parties. The Participant hereby consents to such transfer of contract or assignment. The Participant must not transfer or assign its rights under these T&Cs to a third party.
14.5. These T&Cs and any dispute or claim arising out of or in connection with these T&Cs shall be governed by and construed in accordance with the substantial laws of Singapore.