Terms of Participation

These Terms of Participation ("Terms of Participation") apply to the Promotions (as defined below) of a NFT and a hoodie during Breakpoint 2023 in Amsterdam. The organizer of the Promotions is Staking Facilities Services GmbH & Co. KG, Rosenheimer Str. 18, 85653 Aying, Germany ("Organizer" or “SF”).
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1. DEFINITIONS
In these Terms of Participation the following terms have the meanings ascribed to them herein, unless otherwise expressly provided below in the individual case:
(a) "Blockchain" means the Solana blockchain. 
(b) "Hoodie Promotion" or "Promotion" means the promotion of a hoodie through the prior receipt of a NFT, subject to a Participation Action.
(c) "NFT" means the token on the Blockchain.
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2. ELIGIBILITY AND PARTICIPATION
2.1. All participants who are at least 18 years old at the time of participation and meet the other requirements under these Terms of Participation are eligible to participate in the Promotions. Participants must be domiciled in the European Economic Area.

2.2. (i) Employees (and their immediate family members, such as spouses, parents, children and siblings) of the Organizer or its parent, subsidiary or affiliate companies, agencies and consultants; and (ii) any other persons involved in the development or administration of the Promotions, are not eligible to participate in the Promotions. 

2.3. The Organizer is entitled to exclude participants from the Promotions for good cause. Good cause shall be deemed to exist if the participant violates these Terms of Participation and/or attempts to manipulate the Promotions and/or attempts to disrupt or influence the proper course of the Promotions. In such cases, exclusion may also take place after participation and will result in the denial of the prize and/or its reclaim. Claims of a participant due to exclusion for good cause are excluded.

2.4. Participation in the Promotion requires the participant to perform the following action points: ("Participation Action"):

2.4.1. finding and scanning the promotions QR code (distributed via flyers as well as visible on posters) that will bring participants to the landing page of the Promotion;

2.4.2. reading, understanding and accepting these Terms of Participation available at the landing page of the Promotion;

2.4.3. staking at least 1 SOL via Marinade or Jito; and

2.4.4. correctly filling out all required fields in the typeform that is available at the landing page of the Promotion (including the participant’s wallet address that was used for the staking via Marinade/Jito, other contact data (only required for the hoodies) as well as confirmation that the participant is attending Breakpoint 2023 in Amsterdam).

2.5. The first three hundred (300) participants who have duly participated pursuant to Clause 2.4 will each receive one (1) NFT to their wallet address indicated in the typeform.

2.6. As a bonus, holders of the NFT pursuant to Clause 2.5 that also provided their contact details in the typeform may collect each max. one (1) free Staking Facilities hoodie as long as stocks last. The hoodies are limited in number and will be issued on a first come, first serve basis. There is no legal entitlement to receive a hoodie or to a specific hoodie size. The hoodie can be picked up by showing a wallet (mobile or desktop) with the NFT in it to our SF team members at the Zuivere Café next to Breakpoint:

Zuivere Koffie 
Middenweg 58
1505 RK Zaandam
on:
Mon. (Oct., 30th) 12 - 2 PM
Tue. (Oct., 31st) 12 - 2 PM
Wed. (Nov., 1st) 12 - 2 PM

2.7. There is no other way to receive the hoodies. The above times are the only slots during which the NFTs can be redeemed for a hoodie. 

2.8. The participants that won a hoodie will then be contacted by the Organizer and asked to announce their win on Twitter. This is voluntary and each participant acts in his/her own name and for his/her own account and must use his/her own personal account on Twitter. The Promotions are not affiliated with, sponsored, endorsed, approved or administered by Twitter. Each participant indemnifies Twitter from any claims related to the Promotions.

2.9. Each person may only participate in each of the Promotions once. A participant may win not more than once during one Promotion. Automated participation is prohibited.

2.10. Participating in the Promotions is free of charge.

2.11. A cash payout is excluded. The right to the prize is not transferable and the prize is not substitutable. There are no warranty rights to the prize. The Organizer reserves the right to distribute the prizes to participants who have not already been drawn as winners or to third parties in case the participants have not provided correct information, including an incorrect shipping address.

3. LIABILITY

3.1. The following exclusions and limitations of liability apply to the Organizer's liability for damages, irrespective of the other legal requirements for claims.

3.2. The Organizer shall be liable without limitation insofar as the cause of damage is based on intent or gross negligence. Furthermore, the Organizer is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the Promotions, or for the breach of obligations, the fulfillment of which enable the proper execution of the Promotions in the first place and on the compliance with which the participants regularly rely. In this case, however, the Organizer shall only be liable for the foreseeable damage typical for the contract. The Organizer is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

3.3. The above limitations of liability shall not apply in the event of injury to life, limb and health, for a defect following the assumption of quality guarantees for the quality of a product and in the event of fraudulently concealed defects. The liability under the product liability act (Produkthaftungsgesetz) shall remain unaffected.

3.4. Insofar as the liability of the Organizer is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of the Organizer.

4. TRADABILITY, DUTIES AND RISKS REGARDING THE NFT

4.1. The Organizer itself does not operate a marketplace where the NFTs can be traded.

4.2. The Organizer does not bear any responsibility for marketplaces of third parties and neither undertakes to ensure nor warrants that the NFT is or will be tradable on any regulated or unregulated marketplace and/or that any third parties will attach a market value to the NFT. The Organizer is not under an obligation to obtain permission, approval or similar to trade, sell or exchange the NFT on marketplaces. It is possible that there will never be a marketplace for trading or selling the NFT.

4.3. The participant is aware that, after receiving the NFT, he/she is responsible for ensuring that his/her use of the NFT is legally permissible. He/she must therefore make sure in each individual case of use that the specific use of the NFT is permitted (such as a public sale or making it available to the public).

4.4. The participant acknowledges that the NFT is technically based on a Blockchain. This Blockchain is not operated by the Organizer, but by third parties. The Organizer has no influence on the Blockchain and therefore does not assume any responsibility for its functioning. Deficiencies in the functioning of the Blockchain can lead to errors in the NFT which can, in turn, lead to a situation where the participant loses control over the NFT.

5. COMPLIANCE WITH LAWS

5.1. The participant declares that at time of participation no criminal or official investigations are pending against him/her in connection with his/her professional activity. The participant undertakes to notify the Organizer without undue delay if any of the aforementioned events occur after the participation. The participant will inform the Organizer, as far as permissible, about the content of such proceedings.

5.2. The participant declares that at time of his/her participation,  

5.2.1. he/she is not on a sanctions list of the United Nations, the European Union, the United States of America, or the Federal Republic of Germany; and

5.2.2. he/she neither (i) works indirectly (e.g. as a representative or messenger) for a natural or legal person included in one of the sanctions lists mentioned in 5.2.1 nor (ii) directly or indirectly transfers assets of any kind to such a person.

5.3. The participant must comply with all applicable sanctions, embargo and (re-)export control regulations, and other laws of the European Union, the United States of America, the Federal Republic of Germany and locally applicable jurisdiction(s).

6. FURTHER PROVISIONS

6.1. The participants have no legal claim to participate in the Promotions or to the conduct of the Promotion. 

6.2. The law of the Federal Republic of Germany applies excluding the UN Convention on Contracts for the International Sale of Goods if the participant is a consumer and (a) has his/her habitual residence in Germany or (b) in a state that is not a member of the European Union. In the event that the participant has his/her habitual residence in a Member State of the European Union, German law also applies but mandatory provisions of the state in which the participant has his/her habitual residence will remain unaffected.

6.3. If the participant does not have a place of residence in the Federal Republic of Germany or moves his/her place of residence abroad after the Notification or if his/her place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising out of and in connection with the contractual relationship will be Munich. If the participant is a merchant at the time of when the agreement is concluded, the place of jurisdiction for all disputes arising out of and in connection with the contractual relationship will be Munich

6.4. If individual provisions of these Terms of Participation are or become void or invalid in whole or in part, this will not affect the validity of the other provisions. Statutory law (section 306 (2) German Civil Code (BGB)) will apply instead of any terms and conditions which are not included or which are invalid. In all other respects, the parties will replace the void or invalid provision with a valid provision which comes as close as possible to the economic purpose of the void or invalid provision, unless supplementary interpretation of the agreement takes precedence or is possible. The same applies in the event of lacunae.

6.5. The Organizer is neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.

6.6. The Organizer reserves the right to modify Terms of Participation prior to the Promotions without prior notice and to suspend the Promotions without giving reasons for a temporary period or to terminate it prematurely if the proper implementation can no longer be ensured for technical, legal or other reasons. This shall not give rise to any claims against the Organizer. The current version of the Terms of Participation can be downloaded online.

6.7. Legal recourse shall be excluded