Contest “Triviatokens Cup” Terms and Conditions

Contest “Triviatokens Cup”

1) Terms and Conditions

These terms and conditions (hereinafter the "Terms and Conditions") are intended to regulate and establish the procedures for the competition called " Trivia Tokens Cup " (hereinafter the "Competition").

2) Contest Organizer

The organizer of the Contest is Etermax S. A., domiciled at Dr. Luis Bonavita 1294 Of. 1831, Montevideo, Uruguay (hereinafter referred to as “etermax").

3) Acceptance of the Contest

Any natural person participating in the Contest (“Participant”) expressly accepts each and every one of the provisions described in these Terms and Conditions, available to the public as indicated below.

4) Validity

The Contest will consist of independent weekend tournaments, which shall be announced on etermax networks and social media.

The first weekend tournaments will be in effect from 9 am EST, July 9, 2021 to July 12, 2021 until 9 am EST

5) People who can participate

Individuals who meet any of the following conditions at the time of entry may participate in the Contest:

- have nationality, residence and domicile in the United States of America.

- are of legal age according to the respective state in which they reside.

- have an active user in the online game “Trivia Crack " in its latest updated version.

- have a user in Reality Code blockchain based on Ethereum (https://realitycode.io)

- have an e-wallet or other compatible electronic wallet, which will allow them to receive the Prize.

- have accepted and are in compliance with these Terms and Conditions.

People who cannot participate:

- Any legal person.

- Any person who is an employee of etermax, as well as related companies or commercial collaborators

- Any person who has participated, in any capacity, in the preparation of the Competition.

- The spouses, children, parents, family dependants and other persons living at the expense of the persons indicated above.

- Individuals who do not meet the conditions to be considered a Participant.

Compliance with the Terms and Conditions must take place throughout the duration of the Competition and up to and including the delivery of the Prize, and will be verified by etermax, with each Participant or Winner being obliged to provide all truthful and timely information that etermax requests for this purpose. Etermax is authorized, in its sole judgment, to exclude at any time from the Competition those Participants who do not meet the necessary conditions, do not comply with the Terms and Conditions, or have acted in bad faith in this Competition.  

The fact that etermax allows Winners to fail to meet the requirements in full, imperfectly or otherwise as described herein, when participating or claiming a Prize, does not mean that those requirements are invalid or that Etermax cannot demand their faithful and specific compliance when it deems necessary.

Participants agree that etermax will publish their public information shared in Trivia Crack (e.g. user name, Photo, etc.) within their official social networks, as well as their position in the Competition.   

6) Contest Mechanics

Participants must enter the etermax application "Trivia Crack" and from there or a pop-up notice with the contest/event shall appear to select and participate or they shall need to go to the event section on the app. Those who select to participate agree and shall comply with the conditions set out in clause 5.

The mode of the Contest is on a real time play off model, in which the Participant in each of the rounds shall play a Trivia Crack duel in order to advance and get to the final be awarded with a cups. The Participant may play as many times as its wants on a weekend tournament, to win as much cups as possible.

Once the mechanics comes to an end in each weekend tournament, the Participant in the general ranking of that weekend tournament with more cups, will be credited with the Prize established in clause 8 (hereinafter the “Winner”).

Participation in the Contest does not imply direct or indirect obligation to purchase or contract any onerous service. At no time will chance intervene in this Competition.

7) Winners

Each Winner of each weekend tournament will be announced by the end of the last day of that weekend tournament, in any of the social networks managed and belonging to etermax and in the same application.

The Winner will also be notified privately and reliably through any of the options established below, in order to coordinate the delivery of the Prize established in clause 8. The options are:

1. e-mail used by the Participant to create their account in Trivia Crack.
2. via Facebook message, if the Participant has linked their account to Facebook.
3. the Participant will receive a pop-up or other notifications so that they can complete a form providing their information (for example: full name, phone or cell phone, e-mail, information about their Reality Code account, among others) to communicate.

The Winner who does not respond within 72 hours of the e-mail, Facebook message or pop-up or any other notification to complete the form being sent, will have lost their right to the Prize and etermax will save the Prize for the next Participant in the general ranking and so on until it reaches a creditor or freely dispose of the Prize.

Etermax may require the presence of the Winner, as well as to publish their information and even display their name, voice, and image (photo or video), for any advertising, press, promotion, publication or medium it considers advisable, in its sole and exclusive discretion and without geographical or temporary limitations, for which the Winner grants express permission, without time limit and without granting the Winner the right to consideration or compensation.

If the Winner does not comply with the conditions set out above, Etermax may freely dispose of the Prize or declare the Competition or such weekend tournament void.

The Winner will not be able to obtain more than one Prize, regardless of the participation with more than one different account in Trivia Crack. In case two or more Participants get the same number of cups, the Prize shall go to the person who got them first.

8) About the Award

The Prize for the Winner of each round will be individual, and will consist of an etermax Collectible in the form of Non-Fungible Token (“NFT”), which will be governed by the following terms https://triviacrack.help.etermax.com/hc/en-us/community/posts/4403268003347https://docs.google.com/document/d/1FuARo3L1aQrGEW1gyZBsdXO9115_ElqK-8LKliN89K0/edit?usp=sharing and it will be delivered on the Ethereum-based Reality Code blockchain platform. The total Prizes to be awarded by etermax within this Competition are not more than nine NFTs, one for each weekend tournament. For clarification purposes, having obtained the Prize does not equal being able to sell or license the intellectual property rights of etermax, Trivia Crack (including, but not limited to, its content e.g. characters, colors, codes etc.) found in the NFT. However, we will grant the owner of the NFT a royalty-free license to use, copy and display it solely for personal, non-commercial use and as necessary to resell the NFT within the platform, when such platform allows it. This license does not include the right to modify the intellectual property rights of etermax, Trivia Crack (including, without limitation, its content, e.g. characters, colors, codes, etc); use of the intellectual property rights of etermax, Trivia Crack (including, without limitation, its content, e.g. characters, colors, codes etc) to advertise, market or sell a product or service, or as a base for a product; incorporating the intellectual property rights of etermax, Trivia Crack (including, but not limited to, your content e.g. characters, colors, codes, etc) videos or any other means; or create or sell products containing the intellectual property rights of etermax, Trivia Crack (including, without limitation, its content, e.g. characters, colors, codes, etc). The license may not be sublicensed or transferred, except in the event of the NFT being sold. In that case, the license will be transferred to the new owner and the previous owner's license will expire immediately upon sale.

The allocation of the Prize to the potential Winner is subject to the fulfillment of each and every one of the participation requirements established in these Terms. Failure to comply with any of the requirements set forth herein will automatically cause the Winner to lose the right to the allocation of the respective Prize, without the possibility of any claim. Likewise, it is a condition of allocation of the Prize to comply with each and every one of the points provided in clause 5 of these Terms.

The Prize is personal and not transferable to another person by etermax other than the Winner.

The Prize is not redeemable for another prize of any kind.

The Prize cannot be claimed by anyone other than the Winner (who must prove their identity) unless the third person has the necessary documentation to represent the Winner (Letter of authorization and photocopy of identity document).

 etermax or any person/individual associated with etermax shall be exempt from any claims, demands, proceedings, losses, obligations of any nature, or causes of action that may arise from or in connection with participating in the Contest or receiving or accepting any Prize awarded by the Contest.

Winners and/or Participants of the Contest, or their heirs, administrators and successors, accept and agree to grant etermax exemption and be released from all claims, losses, damages, costs or expenses of any nature including all expenses or attorneys' fees, incurred as a result of any action taken by Winners and/or Participants in connection with participation in the Contest and/or receipt of Prizes.

In the event that for reasons of force majeure the Prize initially foreseen could not be delivered, etermax reserves the right to replace it with another of equal or greater value, or of similar characteristics.

9) Taxes and expenses

Any taxes, fees or contributions that must be taxed, any sum of money that must be paid to the country, state, state companies, or municipalities for the fact of the offer, allocation or delivery of the Prize will be paid by the Participants, as well as all expenses and costs that they incur or may incur to participate in this Contest. etermax will not be responsible for any expenses incurred by the Winner to withdraw the Prize. Such expenses will be paid exclusively by the Winner.

10) Other general conditions

etermax reserves the right to modify the Terms and/or dynamics of the Contest, upon the publication on its official pages on Facebook (facebook.com/preguntados), Twitter (@Preguntados_app) and Instagram (@Preguntados).

etermax reserves the right to early terminate the Contest, informing the effect across the Facebook page (facebook.com/preguntados), on Twitter (@Preguntados_app) and Instagram (@Preguntados), which will not make etermax liable for compensation of any kind to the Participants or third parties.

etermax shall have the right to define, establish and interpret those situations or circumstances that are not expressly provided for in these Terms and Conditions.

11) Use of personal data

 The personal data provided by you will be used by etermax only to register you as a Participant in this Contest, contact you, perform the necessary actions to determine if you are the Winner of the Competition, respond to your comments or requests for information and, if you are the Winner, to perform the necessary actions for the delivery of the corresponding Prize as well as to make your participation public through different means of communication that etermax deems necessary.

12) Risk assumption

By participating in this Contest, Participants agree that:

Prices of collectible blockchain assets are extremely volatile and subjective, and collectible blockchain assets do not necessarily have inherent or intrinsic value. Fluctuations in the price of other digital assets could materially and adversely affect the value of their NFTs, which may also be subject to significant price volatility. Each NFT does not necessarily have inherent or intrinsic value. We cannot guarantee that NFTs will retain their original value, as the value of collectibles is inherently subjective and factors occurring outside the ecosystem can materially affect the value and convenience of any particular NFT.

There are risks associated with the use of an Internet-based currency, including but not limited to the risk of hardware, software and Internet connections, the risk of introduction of malicious software and the risk that third parties may gain unauthorized access to the information stored in your electronic wallet. The Winner agrees and acknowledges that we will not be liable for any communication failures, interruptions, errors, distortions or delays that they may experience while using the stream network, regardless of the cause.

The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies can materially adversely affect the development of the Reality Code blockchain ecosystem and thus the utility or potential value of its NFTs. The Winner accepts, understands and acknowledges that they will have nothing to claim from etermax for any problem with the Reality Code platform, including, but not limited to, its malfunction, inability to access, its operating system, errors or use of the NFT in it. The Winner accepts, understands and acknowledges that once etermax awards the Prize, the Prize is no longer within its control and any claim to the Prize shall be the responsibility of Reality Code.

Participants agree to participate in this Contest at their own risk.

13) Addenda

The Contest Terms will be published in all of etermax networks. It shall be understood that all Participants and the Winner have read, understood and fully accepted these Terms and Conditions, without the right to deduct, claim or take any action of any nature against etermax regarding such Terms and Conditions. It is emphasized again that the mere fact of participating in this Contest, implies the knowledge and acceptance without condition or reservation, by the Participants and Winner, of each and every one of the integral clauses in these Terms, without right to claim of any nature. This Contest will be considered issued in accordance with the laws applicable in the territory of United States of America and specifically those of the City of California.

The nullity of any of the clauses established above does not imply in any case the nullity of all the clauses of these Terms. On the contrary, the Terms will be made up of all the clauses that were not declared null and void.

For all legal purposes arising therefrom, they shall be interpreted and performed in accordance with the provisions and courts of the United States of America and specifically those of the City of California. Such jurisdiction shall be applicable for any claim.

ETERMAX S. A. Dr. Luis Bonavita 1294 Of 1831, Montevideo, Uruguay.