IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE DOMINANT STRATEGIES TELEGRAM STICKER COMPETITION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR PARTICIPATE IN THE DOMINANT STRATEGIES TELEGRAM STICKER COMPETITION. NO PURCHASE NECESSARY.
A. Terms and Conditions
The Dominant Strategies Telegram Sticker Competition (“The Dominant Strategies Telegram Sticker Competition” or “Competition”) is a Competition sponsored by Dominant Strategies, Inc (“Sponsor”) for Competition Applicants and is separate from all other programs. Competition Applicants (“Competition Applicants” or “Applicants”) are responsible for remaining familiar with these Competition Terms and Conditions. “You” or “Your” are used herein to refer to Competition Applicant(s). “We” or “Our” are used herein to refer to the Sponsor. These Terms and Conditions apply to Competition Applicants’ participation in the Competition. Competition Applicants’ participation in the Competition constitutes their agreement to follow these Terms and Conditions and to be bound by them.
These Terms and Conditions include an arbitration provision that governs any disputes between Competition Applicants and Sponsor unless Competition Applicants opts out as described in the arbitration provision below, this provision will eliminate Competition Applicants’ right to a trial by jury and substantially affect Competition Applicants’’ rights, including preventing Competition Applicants’ from bringing, joining or participating in class or consolidated proceedings. Competition Applicants’ agrees that Sponsor may provide notices, disclosures and amendments to these Terms and Conditions, and other information relating to the Competition by electronic means, including posting such information and materials at qu.ai.
B. Terms and Conditions Subject to Change
Subject to Change Sponsor reserves the right to update or modify these Terms and Conditions at any time without prior notice. Those changes will go into effect on the Effective Date shown in the revised Terms and Conditions. By continuing to participate in the Competition, you are agreeing to the revised Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you visit the Competition websites.
C. Eligibility
Open to all participants who are able to submit entries in accordance with Telegram’s sticker requirements, as outlined at https://qu.ai/blog/quai-network-telegram-sticker-competition/. The Competition is open to any Competition Applicants who is at least eighteen (18) years of age or older. It is void where prohibited by law. Applicants are allowed to submit up to three (3) Quai-themed character/mascot stickers.
D. Competition Period
The Competition Period begins at May 11th, 2023 and will conclude on May 26th 2023 at 11:59 PM CST (“Competition Period”) with all submissions required to be submitted before the end date.
E. Judging Criteria
The winning entry will be chosen at the sole discretion of the Dominant Strategies team. The criteria for selecting the winner is based on creativity, relevance to Quai Network, and compliance with Telegram’s sticker requirements.
F. Winner Selection
The creator of the winning entry will be rewarded with 0.3 ETH. The prize is non-transferable, non-exchangeable, and cannot be taken in any other form. While the competition is currently planned to have a single winner, the number of winners may change at the discretion of the Dominant Strategies team. The winner(s) will be selected and announced after the competition closes. The decision of the Dominant Strategies team is final and binding. The drawing will consist of all eligible entries received. IT IS THE WINNER’S SOLE RESPONSIBILITY TO ADVISE SPONSOR OF ANY CHANGE TO HIS/HER/ITS/THEIR CONTACT INFORMATION BY RESPONDING TO THE WINNER NOTIFICATION BY THE DEADLINE INDICATED THEREIN.. All unspecified expenses relative to acceptance and/or use of the prize and all taxes on value of prize are the winner’s sole responsibility. Where the value of prize is six-hundred dollars ($600) or above, the winner will be issued an IRS 1099 Tax Form for the value of the prize in the year the prize was awarded to him/her. Winner further agrees to fully cooperate with Sponsor and/or its designated representatives in conjunction with its compliance with tax reporting requirements as per applicable law, including by providing his/her/its/their Social Security Number via IRS W9 Tax Form. Prize is not transferable except with the written permission of Sponsor which may be granted or withheld in its sole discretion and without liability of any kind.
G. Disclaimer
THIS COMPETITION, AND ALL CONTENT AVAILABLE ON THE RELATED WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR PARTICIPATION IN THE PROGRAM AND USE OF RELATED WEBSITES, AS APPLICABLE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT DOMIANT STRATEGIES, INC. AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE OR OUR MOBILE APPLICATIONS. IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOMINANT STRATEGIES, INC. AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE PROGRAM OR RELATED WEBSITES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE OR MOBILE APPLICATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOMINANT STRATEGIES, INC. AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE PROGRAM OR RELATED WEBSITES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE PROGRAM OR RELATED WEBSITES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE PROGRAM WEBSITES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE PROGRAM WEBSITES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DOMINANT STRATEGIES, INC. OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE PROGRAM OR RELATED WEBSITES, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
H. Indemnification
To the fullest extent permitted by applicable law, rs agrees to indemnify and hold harmless Sponsor, its subsidiaries and affiliate entities, and their respective, directors, officers, employees, and agents from all liability and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms and Conditions by you or anyone using your Account. If Sponsor assumes the defense of such a matter, Competition Applicants will reasonably cooperate with Sponsor in such defense.
I. Arbitration Agreement and Waiver of Certain Rights
Competition Applicants and Sponsor agree that any disputes will be resolved through binding and final arbitration instead of through court proceedings. Competition Applicants and Sponsor hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between Competition Applicants and Sponsor. relating to these Terms and Conditions, the Program or the related websites (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. If the Competition Applicant demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. This arbitration agreement does not preclude Competition Applicants or Sponsor from seeking action by federal, state, or local government agencies. Competition Applicants and Sponsor also have the right to bring qualifying claims in small claims court. In addition, Competition Applicants and Sponsor retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions. Neither Competition Applicants nor Sponsor may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only Competition Applicants and/or Sponsor’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in writing and signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms and Conditions. This Section of the Terms and Conditions will survive the termination of the Competition Applicants’ relationship with Sponsor.
J.Other Provisions
Any action relating to the use of the Program or Competition and related websites or any transaction with Sponsor must be brought in the state or federal courts located in Travis County in the State of Texas. Competition Applicants consent and submit to the personal jurisdiction of such courts for the purposes of any such action. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any conflict of laws, rules, or provisions. Under no circumstances will Sponsor be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions. The failure by Sponsor to enforce any right or provision of these Terms and Conditions will not prevent it from enforcing such right or provision in the future. Sponsor may assign its rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.