Terms and conditions - Portorož - Piran
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Accessibility statement

Terms and conditions

GENERAL


With these Terms and Conditions of the prize game “If you are GOAT., you have NFT!” (hereinafter: “Terms and Conditions”) the organiser defines the Terms and Conditions for participation in the prize game “If you are GOAT, you have NFT!” (hereinafter: “prize game”), course of the prize game, and the rights and obligations of the organiser, participants and winners.

By submitting an entry, a participant agrees that he or she understands and to be bound by these Terms and Conditions.

The organiser reserves the right to change the Terms and Conditions, if it is unavoidably necessary due to the commercial nature of the prize game, for technical reasons or due to other reasons on the part of the organiser or the public. All decisions of the organiser, including the selection of winners, are final and participants do not have the right to appeal. The organiser is solely competent for interpretation of these Terms and Conditions.

If a participant does not meet the conditions for participating in the prize game, does not agree with the Terms and Conditions or violates agreements or does not fulfil agreed obligations as defined in these Terms and Conditions, he or she is not entitled to the prize and the organiser reserves the right to give the prize to another participant of the prize game, according to these Terms and Conditions.

Prize game activities are not connected to the company Meta Platforms, Inc.; the company does not carry out, organise or sponsor this prize game. All data and information are forwarded to the service provider or organiser, for all inquiries regarding the prize game, contact info@april8.si. The prize game is organised and carried out on the platform owned and managed by Meta platforms, Inc.


ORGANISER AND SERVICE PROVIDER


The prize game is organised by the Portorož Tourist Board (hereinafter: “organiser”).

Under the supervision and instructions of the organiser the prize game is partly carried out by the company April 8, digitalna agencija, d.o.o. Hrvaška ulica 16, 1000 Ljubljana (hereinafter: service provider).


PURPOSE


The purpose of the prize game is advertising of the Portorož & Piran brand. For this purpose, NFT GOAT (hereinafter: “NFT” or “prize”) will be issued by the organiser.

The prize game takes place on the web page “portoroz.si”, managed by the organiser (hereinafter: “web page”), from Tuesday, 10 May 2022 up to and including Wednesday, 31 August 2022.

For the purposes of the prize game the organiser has set up a web page portoroz.si/si/mi-smo-tu/nft (hereinafter: “web page”). The web page contains information regarding the prize game.

The organiser will post on its web site information regarding the prize game. The content of the post is described under Article 6 of these Terms and Conditions.

On the website and Instagram, the participants can take part in three prize game activities.

  • - Prize activity 1: A participant who signs up for the newsletter on the web page and connects with his or her e-wallet is entitled to receive a prize in the form of NFT from collection 1.
  • - Prize activity 2: A participant who successfully completes the task “Assemble a goat” and connects with his her e-wallet is entitled to receive a prize in the form of NFT from collection 2.
  • - Prize activity 3: A participant who shares the goat Happy in his or her Instagram story, and tags @portorozpiran #GOAT receives a direct message with a link, which entitles him or her to receive a prize in the form of NFT from collection 3.


Each collection contains 100 NFTs and presents prizes for the first 100 participants in prize game activities.

When an activity is finished, participants who are eligible to receive the prize will be redirected to the participation confirmation page. The prize game is supervised by a commission consisting of three members and named by the organiser. The commission will prepare minutes on the course of the prize game. Minutes on the course of the prize game are retained at the address of the organiser.


TERMS AND MANNER OF PARTICIPATION

Participation is only possible for natural persons aged 18 years and over who agree with the Terms and Conditions.


Any person who follows the steps for acquiring NFTs as described by the organiser can participate in the prize game. The condition for a participant to receive a prize which is subject of this prize game is:

  • 1. NFT: The participant puts together the photo of the goat Happy on the web page
  • 2. NFT: The participant signs up for the Tourist Board Portorož Newsletter
  • 3. NFT: The participant shares a GIF with Happy in his or her Instagram story and tags @portorozpiran #GOAT
  • Final prize: Each participant who completes all three prize game activities will get a bonus NFT Golden Goat

Employees of the organiser and their immediate family members and employees of the service provider and of other external partners who are in any way involved in the organisation and implementation of the prize game are not allowed to participate in the prize game. The abovementioned will be excluded from the prize game by the organiser.

The organiser reserves the right to exclude a participant from the prize game, if he evaluates that the person is not suitable for cooperation regarding the prize game, if during the prize game it is found out that the participant of the prize game participated against these Terms and Conditions, if the participant gave false personal data or if the participant is underage and/or it is suspected that the participant has abused the prize game. The organiser does not need to specify orally or in writing the reasons for exclusion from the prize game.

 

PRIZES


The organiser will issue three series with 100 different NFTs each, together 300, that participants in the prize game will receive as a prize. Each NFT has a unique static image of a goat. Each NFT has a unique description and is marked with a serial number. All NFT will be distributed to participants in the prize game, taking into account the order of participants in the prize game. All participants who collect NFT from all three collections will be entitled to "Golden Goat" NFT, which represents "utility" (special prize). Special prize will be revealed on 31st August 2022 to all participants of the "Golden Goat" NFT.

NFT ("non-fungible token") is a form of crypto currency that is issued with the use of blockchain technology. NFT is saved in a crypto wallet, to which only its owner (private key) has access. NFT can be transferred between different wallets and between wallets and organised crypto exchanges which support trading with such crypto currencies.

NFTs issued for the purposes of this prize game will be issued on the blockchain platform Polygon. The organiser and the service provider are not connected with the functioning of the Polygon platform.


Restrictions regarding prizes:

  • - each participant is allowed to receive a maximum of three NFTs;
  • - the winner cannot exchange the received NFT for another NFT (NFT with another serial number);
  • - the winner cannot exchange NFT for another prize;


Other important information regarding the prizes:

  • - NFTs are given to winners free of charge.
  • - when an NFT is issued, it does not have a monetary value. The organiser does not guarantee that any issued NFT will ever have a monetary value.
  • - the winner must have a digital wallet to be able to receive NFT.
  • - disposal of crypto currencies, such as , NFT, can in some jurisdictions be a cause for tax obligations for owners of those assets. Each winner accepts mandatory payment of potential tax obligations due to acceptance of the prize or due to disposal of NFT after the winner receives NFT in his or her crypto wallet from the service provider.
  • - The winner can freely dispose of NFT, which means that he or she can transfer it to other crypto wallets or trade it on crypto exchanges (centralised or decentralised).



SELECTION OF THE WINNERS


In each activity the first 100 participants are entitled to a prize. Each participant who completes the prize game activity and provides the address of his or her wallet is entitled to the prize in a form of NFT. The participant chooses voluntarily whether he or she will provide the requested persona data. Transmission of this information is a condition for eligibility for the prize.


OBLIGATIONS, COMMITMENTS AND STATEMENTS OF THE WINNER


The winner of the prize game activity has the following obligations and commitments regarding the prize game:


to set up his or her own crypto wallet to which the NFT can be transferred by the service provider (see Article “Crypto wallet”);

  • - to observe potential other instructions set by the organiser or the service provider regarding the awarding of prizes;
  • - to observe the organiser’s instructions regarding marketing activities that follow after the end of the prize game and are connected to the prize game;
  • - obligations to pay tax charges, if they arise as a consequence of receiving of the prize (or further disposal of the prize).

The winner of the prize game unconditionally declares:

  • - to agree with the collection and processing of personal data of the winner and their publication in a way that is defined under Article 12 of these Terms and Conditions (Personal data of the participants);
  • - to agree with commercial use (publication on the organiser's social media, website, web portals, marketing material, etc.) of the winner’s name and surname;
  • - to take overall responsibility for any material or immaterial damage or other consequences which the winner would have suffer due to participation in the prize game;
  • - to take overall responsibility in case that the law in the state of the winner prevents or restricts disposal of crypto currencies;
  • - to be fully aware of the risks to which the owner of crypto currencies is exposed with the management of crypto currencies, and to agree to those risks and confirms they understand the legal nature of crypto currencies (see Article 13 of these Terms and Conditions).


CRYPTO WALLET


At the beginning of the prize game the service provider will issue three series of NFTs. A participant must have a digital wallet to participate in the prize game. After the prize game activity is successfully completed, the participant connects to his or her crypto wallet and automatically receives NFT on that crypto account. Until the distribution of NFTs to the winners, the NFTs will be stored in a joint crypto wallet, managed by the service provider.


The obligations of the winner are the following:

  • - to fully follow the organiser's instructions on setting up a crypto wallet and saving the private key of the wallet;
  • - to set up a crypto wallet prior to the beginning of the participation in the prize game;
  • - to adopt any necessary measures to ensure integrity of the crypto wallet and prevent unauthorised access to crypto currency in the wallet;
  • - to meet all obligations to the organiser regarding marketing activities after receipt of the prize.


OBLIGATIONS AND RIGHTS OF THE ORGANISER AND THE SERVICE PROVIDER


The organiser and the service provider have the following obligations and commitments regarding the prize game:

  • - to inform participants via the web page and Instagram profile about any changes regarding the prize game;
  • - to inform the winner about entitlement to the prize;
  • - to in a timely and in a comprehensible manner provide the winner with the instructions on setting up a crypto wallet and receiving the prize;
  • - after the winner provides information about his or her crypto wallet, the organiser (or the service provider) ensures transfer of NFT no later than within three working days;
  • - to manage personal information of participants according to provisions in Article 12 of these Terms and Conditions (Personal information of participants).


The organiser has the following rights regarding the prize game:

  • - to change the rules, conditions and course of the prize game, if participants are informed in a timely and appropriate manner;
  • - to suspend the prize game, if there are substantive reasons for it and if participants are informed in timely and appropriate manner;
  • - to terminate (cancel) the prize game, if there are substantive reasons for it and if participants are informed in timely and appropriate manner;
  • - to refuse to award a prize to a winner, if it is estimated that the winner has in any way violated the rules as defined in these Terms and Conditions.


EXCLUSION OF LIABILITY OF THE ORGANISER


The organiser is in no case liable for the following:

  • - for any technical or other malfunction on the website or social media that temporary or permanently disables access to the web page or Instagram profile;
  • - for any for technical or other malfunction on the blockchain platform Polygon that temporary or permanently prevents creation or transfer of NFTs (and other crypto currencies);
  • - for permanent or temporary loss of NFT which has already been transferred to the winner’s crypto wallet (liability is moved to the winner at the moment the prize comes to his crypto wallet);
  • - for any technical or other malfunction on the blockchain platform Polygon that influences the ability to transfer NFT after the NFT has already been transferred to the crypto wallet of the organiser or normal function of crypto wallets;
  • - for any damage caused to participants as a consequence of temporary or permanent termination (cancellation) of the prize game by the organiser;
  • - for any damage caused to the winner as a consequence of non-compliance with instructions for setting up a crypto wallet and disposal of NFT;
  • - for any other damage caused to the winner as a consequence of inappropriate measures intended for integrity security of crypto wallet;
  • - for any tax obligations that arise for the winner as a consequence of receiving the prize;
  • - for any damage caused to the winner as a consequence of administrative procedures of authorities, if there are legal limitations for disposal of crypto currencies for the winner;
  • - for any other damages that arise as a consequence of cases of force majeure or circumstances which are beyond organiser's control.


                  PERSONAL DATA OF PARTICIPANTS


                  The organiser, as the controller of the personal data, collects and processes (together: “controls”) personal data of the participants according to Regulation (EU) 2016/679 of the European Parliament of 27 April 2016 (hereinafter: “GDPR”) and/or in accordance with relative legislation that covers the field of protection of personal data.

                  The organiser controls only personal data that is voluntary given by the winner after the organiser informs the participant of the prize game about his or her entitlement to the prize and asks him or her to provide contact information, name and surname.

                  The purpose of processing of the winners’ personal data is to use them exclusively for the purpose of conducting the prize game and the organiser’s marketing activities after the end of the prize game. Marketing activities will be connected exclusively to the prize game and the prize.

                  Winners’ personal data that are collected: Name, surname, e-mail address and mobile phone number.

                  The organiser, as the controller of the personal data, protects the collected personal data in accordance with the legislation in force with regard to personal data protection and grants access only to employees who have undertaken to follow the appropriate confidentiality requirements. The organiser can forward participants’ personal data to contractual processors of personal data to the extent it is needed for the fulfilment of tasks regarding the prize game i.e. the agency April 8, digitalna agencija, d.o.o., Hrvaška ulica 16,1000 Ljubljana (agency).


                  The contractual processor of personal data can process personal data only to the extent specified in the confirmation or order given by the organiser in accordance with the legislation in force and solely for the purposes of the conduction of the prize game in accordance to these Terms and Conditions.

                  The organiser, the service provider and the agency will not transfer or process personal data outside the European Economic Area (EEA). The organiser, the service provider and the agency will not under any circumstances transfer or disclose collected personal data to third parties.

                  For the duration of the control of the personal data the participant has all the rights from the GDPR and/or national legislation that regulates personal data protection. That includes the right to access, copy and correction and the right to demand from the organiser to stop using personal data for direct marketing.


                  The organiser can publish winners’ names and surnames on the web page, Instagram profile and the organiser’s other social media, printed and web media and anywhere else, if it complies with the organiser's marketing strategy regarding the prize game and the prizes.

                  The winner explicitly agrees to the organiser's intentions for publishing as mentioned above.

                  For any questions regarding personal data processing and rights, participants can contact info@april8.si


                  RISKS REGARDING DEPOSITION OF CRYPTO CURRENCIES AND LEGAL NATURE OF CRYPTO CURRENCIES


                  From deposition of crypto currencies that, among others, includes holding, transfer and storing, derive different forms of currency, operative, regulatory, liquidity, technical and other risks:

                  • - risk of losing a part or the whole financial investment in crypto currency. 
                  • - risk of high volatility of the crypto currency price.
                  • - probability that past profits do not warrant any future profits.
                  • - profits.
                  • - regulatory risk due to undefined legal framework.
                  • - regulatory risk due to changes in tax legislation.
                  • - regulatory risk of prohibition or limitation of crypto currency transactions.
                  • - illiquidity of individual crypto currencies.
                  • - risk regarding e-wallets (i.e. Metamask wallet).
                  • - malfunction or defect in blockchain.
                  • - 51% attack on a blockchain.
                  • - risks of malfunction of individual crypto currency exchanges (centralised and decentralised).
                  • - risks that arise from new technology.
                  • - crypto currencies are not regulated financial instruments. Crypto currency issuers are not regulated financial institutions.
                  • - potential loss of assets in crypto currencies is not insured by any scheme as it is common with retail deposits in banks.
                  • - in certain countries it is prohibited to dispose of crypto currencies.


                                              With participating in the prize game, the participant confirms to be aware of abovementioned risks, to accept those risks and to be aware of legal nature of crypto currencies, among which NFT is included.


                                              INTELLECTUAL PROPERTY RIGHTS


                                              All intellectual property rights regarding the prize game and prizes, such as copyrights regarding prizes, brand (logo), product names and copyrights of material published on the web page and Instagram profile are solely owned by Turistično združenje Portorož, g.i.z., Obala 16, 6320 Portorož, and the organiser can freely dispose of them. Use of these rights of intellectual property from third parties without the organiser’s prior consent is not allowed.

                                              All intellectual property rights mentioned above remain fully owned by Tourist Board Portorož. No provision in these Terms and Conditions can be understood in such a way that Tourist Board Portorož transfers ownership of intellectual property regarding NFT to the winner or anyone else.

                                              The winner and each later owner of the NFT is given limited, revocable, non-exclusive and not-transferable licence (including prohibition of giving sub-licences) for access, use, viewing, copying and showing of the NFT content. The above-mentioned licence is applicable for the period of NFT ownership and exclusively for personal and non-commercial use of NFT and includes the right of the NFT owner to freely transfer NFT to other users with regard to rules and restrictions as mentioned in these Terms and Conditions.


                                              FINAL PROVISIONS


                                              Contact:

                                              Organiser: Tourist Board Portorož

                                              Service provider: April8, email: info@april8.si


                                              Governing law and dispute resolution

                                              Every dispute regarding this prize game is exclusively subject to Slovenian law.

                                              All disputes in relation to these Terms and Conditions are subject to the competent court in Ljubljana.