Rules of participation in the brand activation titled “Collect the first set of Poli NFTs”
1. Information about the Organiser of the Activation
The party organising the Activation titled “Collect the first set of Poli NFTs” (hereinafter referred to as the Activation) is Perutnina Ptuj, d.o.o., Potrčeva cesta 10, 2250 Ptuj, Slovenia (hereinafter referred to as the Organiser). The party responsible for the execution of the Activation is Innovatif d.o.o., Poljanski nasip 6, 1000 Ljubljana (hereinafter referred to as the Contractor).
The party responsible for the technological aspect of the Activation is Kalmia d.o.o., Kapucinski trg 8, 4220 Škofja Loka, Slovenia. The party responsible for the legal aspect of the Activation is Lemur Legal d.o.o., Breg 14, 1000 Ljubljana, Slovenia.
2. The nature and purpose of the Activation
The purpose of the Activation is:
- Donating funds to charity;
- Promoting the first set of Poli NFTs and thus activating the Poli brand.
The Activation is not a prize competition. Whoever makes a donation during this promotion of the first set of Poli NFTs shall in return receive a Gift from the Organiser (hereinafter referred to as the Activation). Once they have made their donation, the Recipient shall receive a Gift as a token of appreciation from the Organiser.
The Recipient shall receive a Gift in the form of a T-shirt and their Poli NFT (hereinafter referred to as the Gift).
The Organiser will receive 600 donations as part of the Activation. For each individual donation, the participant will be entitled to a Gift in accordance with these Rules of Participation in the Activation (hereinafter referred to as the Recipients). In accordance with these rules, each Activation participant who makes a donation shall be considered a Recipient (hereinafter referred to as the Recipient).
Receiving a Gift as part of this Activation is not associated with any element of luck that would be based on a draw made among all the Recipientsby the Organiser or the Contractor.
Each Activation participant can make several donations. They shall receive a Gift for each individual donation made.
3. Duration of the Activation
The Activation will start on 1 September 2022 and conclude once the NFTs have been distributed among 600 Activation participants.
4. Activation participants
Any natural person over the age of 18, regardless of their country of residence, who makes a donation via the website nft.madaboutpoli.com can participate in the Activation
Colleagues and employees of Perutnina Ptuj d.o.o. or related companies are allowed to participate in the Activation. The same applies to colleagues and employees of Innovatif d.o.o., their immediate family members (spouses, non-marital partners, children), and other persons who in any way directly participate in the implementation of the Activation. Legal entities cannot participate in the Activation.
Purchasing a Perutnina Ptuj product is not a condition for participating in the Activation. Each person may participate in the Activation more than once; with each donation, they are entitled to a Gift as described in the continuation of these rules.
5. The terms and conditions of the Activation
6. The method of participation, duration and course
Every individual participates who follows the steps for obtaining both Gifts, i.e. the T-shirt and NFT, in accordance with the instructions provided by the Organiser participates in this Activation. The conditions for the Recipient to receive the Gift that is the subject of this Activation are:
- They must select the character that they want to own.
- They must provide their personal information and transfer a donation in the amount of EUR 25.
- They must provide their crypto wallet address.
- Based on the provided crypto wallet address, they shall receive an NFT of the selected character; moreover, a T-shirt with a printed image of the selected character shall be sent to their address.
The Organiser hereby reserves the right to exclude a person from the Activation in the following cases:
- If they assess that the person is not suitable for participation in the Activation;
- If it is established during the Activation that the Activation participant took part in the Activation while violating these Rules of Participation;
- If the personal information provided by the participant turns out to be false, incorrect, or someone else’s;
- If they find that the participant is a minor and/or if they suspect that the participant has exploited the tender.
It is not necessary for the Organiser to state the reasons for excluding the participant from the Activation either in writing or orally.
7. Gift fund
The Gift received by the Recipient during the Activation in exchange for each donation they make is a T-shirt with a printed image of the selected Poli character and an NFT linked to the selected Poli character.
7.2. T-shirt with a printed motif of the selected character
As a token of appreciation for their participation in the Activation, the Organiser shall send out T-shirts with printed images of the selected characters to all participants, namely to the address they provide in the online form. The cost of delivering the T-shirt shall be borne by the Organiser.
For the entire duration of the Activation, each Recipient who provides the Organiser with their address no later than on the 20th day of each calendar month shall receive their T-shirt from the Organiser by the end of the same month.
The Organiser shall issue 600 NFTs, which the Recipients will receive as a free Gift. Each Recipient will receive their NFT in their crypto wallet within 8 days of providing the Organiser with their crypto wallet address.
Each NFT is linked to a static image of a Poli character, which is the intellectual property of Perutnina Ptuj. Each NFT also features a unique description and is marked with a serial number. All NFTs will be distributed among participants as part of the Activation.
An NFT (“non-fungible token”) is a type of cryptocurrency asset that is issued using blockchain technology. The NFT is kept in a crypto wallet, which only the owner has access (the private key) to. NFTs can be transferred between different wallets as well as between wallets and organised trading markets supporting the trading of such cryptocurrency assets.
The NFTs that are to be issued as part of this Activation will be issued on the Polygon blockchain. The Organiser, the Contractor, and the other two contractors who are responsible for the technological and legal aspects of the Activation have no influence on the operation of the Polygon platform.
Restrictions on NFTs as Gifts:
- The Recipient cannot exchange the NFT they have received for another NFT (an NFT with a different serial number);
- The Recipient cannot exchange their NFT for another Gift.
Other important information regarding Gifts:
- NFTs shall be awarded to Recipients free of charge.
- Upon being issued, an NFT has no monetary value. The Organiser does not guarantee that any NFT issued will have a monetary value in the future.
- In order to receive the NFT, the Recipient must own or create a suitable digital wallet. A suitable digital wallet is one that supports NFTs issued on the Polygon or Ethereum platforms.
- The Recipient can freely dispose of the NFT, which means that they can keep it in their crypto wallet, transfer it to other crypto wallets, or trade it on an organised market (centralised or decentralised crypto exchange). The Organiser and the Contractor have no influence on the operation of crypto wallets and theoperation of crypto exchanges.
8. Presenting Gifts
The Gifts will be given to those Recipients who, during the Activation period, select a character on the nft.madaboutpoli.com website, enter their information in the form, make donations, and click on the corresponding button to confirm their participation.
As part of the Activation, the Organiser shall distribute 600 Gifts to the participants. When 600 donations are made, the Organiser will conclude the Activation and distribution of Gifts.
9. The value of Gifts and creation of tax liability
The total value of both Gifts received by the Recipient does not exceed EUR 15.00. It is the responsibility of the Recipient to check whether receiving the Gift creates a tax liability for them.
10. Drawing Recipients
The Activation does not include a draw. The Gifts will be handed out to Recipients who make 600 donations.
The condition for obtaining a Gift is that the Recipient agrees to these rules and meets the conditions for participation in the Activation.
The Recipient will receive their T-shirt by mail to the address they have specified in the form.
The Recipient will receive their NFT to their crypto wallet. The Recipient shall enter the crypto wallet address in the dedicated form found on the website.
If the Recipient fails to provide their crypto wallet address in the provided form, it shall be considered that they have renounced the receipt of the Gift in the form of an NFT.
The Recipient must provide the Organiser with a crypto wallet address to which the Recipient will receive their NFT by filling in the form on the website no later than 30 days after making a donation.The Organiser will send two email reminders the Recipient asking them to provide their wallet address; the first one will be sent on the 7th day from the day of the donation, and the second one on the 29th day from the day of the donation.
In the event that the Recipient misses the deadline referred to in the previous paragraph, it is considered that the Gift in the form of NFT has been renounced. A renunciation of the Gift shall be considered irreversible.
If the Recipient enters the wrong crypto wallet address in the form (e.g. the address of a crypto wallet that supports cryptocurrencies issued on a blockchain other than Ethereum) and the Organiser is unable to transfer the NFT to the Recipient's wallet, the Organiser will ask the Recipient to provide the address of a suitable crypto wallet. The Recipient shall be responsible for providing the correct contact information. If the Recipient fails to provide a new crypto wallet address within 5 days after the Organiser's request, it shall be considered that they have renounced the NFT, in which case the rule from the previous paragraph applies.
If the Recipient provides the Organiser with a crypto wallet address that does not support NFTs issued on the Polygon platform and the Organiser transfers NFTs to this address, the Organiser is not responsible for any loss of NFTs or access to them.
The Organiser reserves the right not to hand out Gifts:
- If the Recipient fails to meet the conditions for receiving a Gift;
- If it is determined that the Recipient participated in the Activation in violation of the Terms and Conditions of the Activation.
At the same time, the Organiser of the Activation shall acquire the right to dispose of the Gifts for any other purpose and in any other way.
The Recipient can renounce one or both Gifts (T-shirt and NFT) if they inform the Organiser of such a decision in writing. Such a renunciation of the Gift shall be considered final.
12. Obligations and rights of the Organiser and Contractor
Within the framework of the tender, the Organiser and the Contractor have the following obligations and commitments:
- To inform the Recipients about any changes made to the Activation on the website nft.madaboutpoli.com and the Organiser's social media profiles;
- To forward the Gifts to the Recipient within the time limits laid out in these rules;
Within the framework of the tender, the Organiser has the following rights:
- To change the rules, conditions, and course of the Activation if they inform the Recipients about such changes in a timely and appropriate manner;
- To suspend the Activation process if they have justified reasons for doing so and if they inform the Recipients of such a suspension in a timely and appropriate manner;
- To permanently stop (cancel) the Activation if they have valid reasons for doing so and if they informs the Recipients of such a cancellation of the Activation in a timely and appropriate manner;
- To refuse to award a Gift to the Recipient if they believe that the Recipient has in any way violated the rules of the tender that are specified in these rules;
- In the event that, for any reason, the Organiser does not hand out all NFTs during the Activation, the Organiser can dispose of them freely, which means that they can keep the NFTs for themselves, give them to another person, or use them in one of the Organiser's following activations.
13. Statement of the participant
The Activation participant unconditionally declares that:
- They assume all responsibility for any material or non-material damage or other consequences suffered by the Recipient as a result of participating in the Activation;
- They assumes all responsibility in the event that legislation is adopted that would prevent or restrict the disposal of cryptocurrency assets;
- They undertake the payment of tax obligations regarding the sale of NFTs on the Organiser’s market (or elsewhere) should such obligations arise at a later point;
- They are aware of the risks to which the owner of cryptocurrency assets is exposed when managing these assets and that they accept these risks and confirm their understanding of the legal nature of cryptocurrency assets (see point 15 of these rules).
14. Exemption of liability
The Organiser and the Contractor shall not be held liable for:
- Any technical or other disruptions to the website nft.madaboutpoli.com;
- The non-operation of the website nft.madaboutpoli.com and the consequences of such non-operation, regardless of the reasons for the non-operation;
- The non-operation of the online Activation, which can the result of network failure on the part of the contractual partners, power failure, or other technical disruptions that could temporarily disrupt the use of website services;
- Any technical or other disruptions to the Polygon blockchain, which is used to issue Poli NFTs, which temporarily or permanently disable the creation or transfer of NFTs (and other cryptocurrency assets);
- The permanent or temporary loss of an NFT that has already been transferred to the crypto wallet of the Recipient (the responsibility is passed on to the Recipient the moment the Recipient receives the NFT as a Gift to their crypto wallet, the address of which they have provided in the form);
- Any technical or other disruptions to the Polygon blockchain that affect the ability to transfer an NFT after the NFT has already been transferred to the Recipient's crypto wallet or that affect the normal operation of the crypto wallet;
- Any damage suffered by the Recipient as a result of the temporary or permanent suspension (cancellation) of the tender by the Organiser;
- Any damage suffered by the Recipient as a result of not following the instructions for the creation of a crypto wallet and the disposal of the NFT;
- Any damage suffered by the Recipient as a result of inadequate measures taken to protect the integrity of the crypto wallet (e.g. unauthorised access to the crypto wallet);
- Any tax obligations incurred to the Recipient as a result of receiving the Gift;
- Any damage suffered by the Recipient as a result of the official procedures of the competent authorities if the Recipient is subject to a legal restrictions on the disposal of cryptocurrency assets;
- Any other damage that is the result of force majeure or the result of circumstances that cannot be influenced by the Organiser;
- Any consequences suffered by the participant as a result of participating in the Activation that cannot be influenced by the Organiser or the technological contractor;
- Participation in the Activation with false personal information;
- Any consequences caused by the use of the Gift.
15. Risks arising from the disposal of cryptocurrency assets and the legal nature of cryptocurrency assets
Arising from the handling of cryptocurrency assets are several types of currency-related, operational, regulatory, liquidity-related, technical, and other risks, which include, among other things, the possession, transfer, and storage of cryptocurrency assets:
- The risk of losing part of or the entire financial investment in a cryptocurrency asset;
- The risk of high price volatility of a cryptocurrency asset;
- The probability that past returns are not a guarantee of future returns;
- Regulatory risks due to an undefined legal framework;
- Regulatory risks due to changes in tax legislation;
- Regulatory risks of bans or restrictions on transactions involving cryptocurrency assets;
- Insolvency of individual cryptocurrency assets;
- Risks associated with digital wallets (e.g. the Metamask wallet);
- Malfunctions or failure of the blockchain network;
- A 51% attack on a single blockchain network;
- Risks associated with the operation of individual cryptocurrency exchanges (either centralised or decentralised);
- Risks arising from new technologies;
- Cryptocurrency assets are not a regulated financial instrument – issuers of cryptocurrency assets are not regulated financial institutions;
- The potential loss of property in cryptocurrency assets is not insured by any scheme, as is the case with retail deposits with banks;
- In certain countries, the disposal of cryptocurrency assets is prohibited.
- By participating in the tender, the Recipient confirms that they are aware of the above risks and accepts these risks, and that they are familiar with the legal nature of cryptocurrency assets, which include NFTs.
16. Intellectual property rights
All intellectual property rights in connection with the tender and Gifts (T-shirts and Poli NFTs), such as copyright relating to the Gifts, brand (logo), product names and copyrights published on the website nft.madaboutpoli.com and in the Organiser’s other media, are the exclusive property of Perutnina Ptuj and can be disposed of freely by the Organiser. The use of these intellectual property rights by third parties without the Organiser’s prior consent is not permitted.
All intellectual property rights referred to in the previous paragraph remain the exclusive property of Perutnina Ptuj. Nothing in these rules shall be construed as Perutnina Ptuj transferring the ownership of intellectual property rights in connection with Poli NFTs to to either the Recipients or anyone else.
Perutnina Ptuj grants to the Recipient and each subsequent holder of a Poli NFT a limited, revocable, non-exclusive, non-transferable license (including the prohibition to grant sub-licenses) to access, use, view, copy, and display the content of the NFT.
The license referred to in the previous paragraph shall be valid for the period of ownership of the NFT, applies exclusively to the personal and non-commercial use of the NFT, and includes the right of the NFT owner to freely transfer the NFT to other recipients, subject to the rules and restrictions defined in these rules.
The legal relationship between the first and subsequent holders of a Poli NFT is regulated by the license agreement, which is available on the website nft.madaboutpoli.com.
17. Personal data protection
The Organiser, as the manager of the database, shall carefully protect the collected personal data and grant access to it exclusively to employees who have committed themselves to the appropriate obligations of confidentiality. The Organiser may forward the Recipients' personal data to Innovatif as the Contractor should this be necessary for the fulfilment of the tasks within the implementation of this Activation. In this event, Innovatif shall act as a contractual processor in relation to Perutnina Ptuj. The contractual processor of personal data may process personal data only within the framework of the approval or order received from the Organiser in line with the applicable legislation and exclusively for the purposes of carrying out the Activation in accordance with these rules.
The Recipient of the Activation or their legal representative may withdraw their consent to the use of personal data for campaign purposes in writing by sending a notice to the following email address: firstname.lastname@example.org. In case of the withdrawal of consent referred to in this paragraph, the Organiser and Contractor shall ensure the deletion of the corresponding personal information no later than 15 days after receiving the withdrawal of consent.
Any questions regarding:
- This Activation;
- And data processing or rights;
Should be addressed by the Activation participants and Gift Recipients to the Organiser’s email address: email@example.com.
18. Access to the Rules of Activation
The link to the Rules of Activation shall be published on the website nft.madaboutpoli.com, where they will be made accessible to and viewable by all participants.
19. Final provisions
The Organiser of the Activation and the Contractor hereby reserves the right to amend these Rules of Activation if so required for legal, technical or commercial reasons. The Parties shall notify all participants and Recipients about any potential amendments to these Rules by posting them on the website. Continuing to participate in the Activation after the publication of any changes to the rules shall be construed as acceptance of and agreement with said amendments.
The validity of this tender is to be assessed in accordance with Slovenian law.
Any potential disputes arising from the Activation which cannot be resolved amicably shall fall into the jurisdiction of the competent court in Ljubljana.
Ljubljana, 1 September 2022