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Merchandise Giveaway Terms and Conditions

Terms and Conditions related to the Social Media Merging Campaign active between 14th August and 28th August 2024

Updated over a week ago

Promoter

3Commas Technologies OÜ

Address

Laeva 2, Tallinn, Estonia, 10111

Company ID

14125515

These Merchandise Giveaway Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. By participating in the Merchandise Giveaway ("Giveaway", “Promotion”) each Participant hereby unconditionally accepts and agrees to comply with and be bound by these Merchandise Giveaway Terms and Conditions and the decisions of the
Promoter, which shall be deemed final and binding in all respects. The Promoter shall be responsible for the collection, submission, or processing of entries and the overall administration of the Giveaway.

  1. Eligibility

    1. This Giveaway is open to participants aged 18 years or over (each a “Participant”), excluding Promoter’s affiliates, officers, directors, employees, representatives and agents.

    2. To be eligible, Participants must comply with the requirements outlined in section 27.1 of the 3Commas Terms of Use, which can be found at https://3commas.io/current-version-terms-and-conditions. Particularly, among other requirements outlined in section 27.1 of the 3Commas Terms of Use, individuals who are legal residents of Bolivia, Colombia, Turkey, Bangladesh, China, Algeria, Egypt, Iran, Morocco, Afghanistan, Belarus, Burundi, Cuba, Iran, Iraq, Liberia (Former Regime of Charles Taylor), Libya, Myanmar (Burma), Nicaragua, North Korea, Russia, Syria, Ukraine (only applicable to Donetsk, Luhansk, and Crimea regions), Venezuela, Yemen, or Zimbabwe are not eligible to participate. Due to legal restrictions, residents of Italy are not eligible to participate in the Giveaway.

    3. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE GIVEAWAY IS VOID, AND PERSONS ARE NOT ELIGIBLE TO ENTER THE GIVEAWAY, IN JURISDICTIONS WHERE LOCAL LAW, RULES, OR REGULATIONS (I) RESTRICT, PROHIBIT, OR OTHERWISE REQUIRE CHANGES, DELETIONS, OR ADDITIONS TO THESE TERMS AND CONDITIONS, OR (II) REQUIRE GOVERNMENTAL FILINGS BY PROMOTER.

    4. Participants who breach any provision of these Merchandise Giveaway Terms and Conditions shall be deemed ineligible and shall forfeit any entitlement to receive any awards under these Merchandise Giveaway Terms and Conditions. In addition, the Promoter reserves the right to to refuse and reclaim Awards from ineligible Participants or if the Participant violated any provision of these
      Merchandise Giveaway Terms and Conditions.

  2. Promotional Period

    1. The Giveaway begins on 14 August 2024 and ends on 28 August 2024 (“Entry Period”). The winners will be notified before 18 September 2024.

  3. Entry Instructions:

    1. Participants must join the 3Commas English Telegram channel and 3Commas Telegram chat, complete a Survicate form and provide their Telegram username during the Entry Period in order to participate in Giveaway.

    2. Only one entry per individual and per Telegram username shall be permitted. Any additional entries shall be deemed invalid and disqualified.

    3. No third-party or bulk entries are allowed. If it becomes apparent that a Participant is using any means to circumvent this condition such as, and without limitation, multiple Telegram username entrances per one person, multiple reproduced or computer-generated entries, using multiple identities, fraudulently falsifying data, acting fraudulently or dishonestly in the opinion of the Promoter or otherwise acting in violation of these Merchandise Giveaway Terms and Conditions, these Participants will be disqualified, and any award entitlement will be void.

    4. Incomplete, illegible, misdirected or late entries will not be accepted. Proof of sending will not be accepted as proof of delivery or receipt. No responsibility can be accepted for entries that are incomplete, lost due to technical reasons, corrupted, delayed, wrongly delivered, or not received for whatsoever reason.

    5. The participation in the Giveaway is provided to all Participants without any charge, and the Promoter explicitly disclaims any acceptance of payment for such participation. The Participants shall not undertake any monetarily appraisable obligation in order to participate in the Giveaway,

  4. Awards and Winner Selection

    1. The winners shall be granted 3Commas Merchandise items (each an “Award”), namely 10 T-Shirts, 5 Hoodies, 5 Caps, with one item awarded per winner.

    2. The Award winners will be selected at random using a computerized random generator from all entries with the Telegram usernames of Participants. The selection process will be unbiased and impartial.

    3. Award must be accepted by the winner as offered by the Promoter. The Award winners will not have the option to choose a specific Award. There is no cash or alternative awards, in whole or part. The Promoter shall bear all costs associated with shipping the Awards to the selected Award winners.

    4. The winners shall bear full responsibility for any and all taxes, including federal, state, and local taxes, arising from the receipt and acceptance of the Award, unless otherwise decided by the Promoter.

  5. Winner Notification

    1. The winners will be notified via the Telegram usernames they provided earlier. The winners will be required to submit the additional information necessary to receive the merchandise, including, but not limited to, their country, address, phone number (if necessary), postal code, and all other information required by the Promoter. If a winner declines acceptance or doesn’t provide the information required by the Promoter within three calendar days from the request date, the Promoter reserves the right to withdraw Award entitlement to this winner.

    2. It is the responsibility of the Participant to provide correct, up-to-date details when entering the Award promotion and acceptance of the Award. The Promoter cannot be held responsible for winners failing to supply accurate information which affects Award acceptance or delivery of their Award.

  6. General

    1. The results of Winner Selection are final and binding. No correspondence will be entered into. Entry implies acceptance of these Merchandise Giveaway Terms and Conditions.

    2. The Promoter reserves the absolute right to substitute an Award of equivalent or greater value should circumstances outside its control make this necessary.

    3. The Promoter reserves the right to verify winners and ask for proof of identity, age and address.

    4. The Promoter reserves the right, at its sole discretion, to eliminate or disqualify any entries or Participants that it regards as being in breach of these Merchandise Giveaway Terms and Conditions. Those who try to circumvent the entry process and/or entry instructions by any method will be disqualified and any award will be void.

    5. These Giveaways are in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Discord, X (formerly Twitter), Reddit, Telegram and YouTube. You understand that you are providing your information to Promoter and not to Facebook, Instagram, Discord, Twitter, Reddit, Telegram and YouTube. By participating via the Facebook, Instagram, Discord, Twitter, Reddit, Telegram and YouTube platforms, participants are also subject to the respective platforms’ privacy policies and terms of use.

  7. Limitation of Liability

    1. Entry into the Promotion is at the Participant’s sole risk. To the extent permitted by law, the Promoter does not accept any responsibility for any damage, loss, liabilities, injury, costs, expenses or claims (whether in contract, tort or otherwise) suffered by Participants or any third parties arising out of or in connection with the Promotion and/or accepting an award. The Promoter further disclaim liability for any injury or damage to Participants or any other person relating to or resulting from participation with this Promotion save that nothing in these Merchandise Giveaway Terms and Conditions shall act to limit or exclude the Promoter’s liability resulting from its gross negligence or fraud. The Participant agrees that in all circumstances, the Promoter’s liability to the Participant for any claim or cause of actions shall be limited to €10 or to the greatest extent permitted by law, whichever is higher. In all cases, the Promoter, it’s vendors, partners, associates, staff, officers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

    2. If for any reason, the Giveaway is not capable of running as planned for reasons (including but not limited to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway), or without reasons, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion.

    3. If an act, omission, event or circumstance occurs which are beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Merchandise Giveaway Terms and Conditions the Promoter will not be liable for any failure to perform or delay in performing its obligation.

    4. The Promoter accepts no responsibility for system errors or other issues that may result in disruption to, lost, delayed or not received entries, winner notifications or awards. The Promoter will not be responsible for the non-inclusion of entries as a result of technical failures or otherwise, including any such failure which is within the control of The Promoter.

    5. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Merchandise Giveaway Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.

    6. The decisions of the Promoter are final and binding in all matters relating to the Giveaway and no correspondence will be entered into.

  8. Law and Jurisdiction

    1. The Giveaway and these Merchandise Giveaway Terms and Conditions, and any disputes arising therefrom, shall be subject to the laws of Estonia. Any dispute, controversy or claim arising out of or in connection with these Merchandise Giveaway Terms and Conditions or any breach, termination or invalidity thereof shall be resolved through amicable negotiations, upon failure of which all disputes shall be settled in the Harju County Court in the Republic of Estonia.

  9. Data Protection

    1. Any personal information that Participants share with the Promoter will be kept secure and only used in line with these Merchandise.

    2. Giveaway Terms and Conditions unless the Participant has opted into future marketing from the Promoter and/or the Supplier. By participating in Giveaway, Participants agree that their information may be used by the Promoter as stated in Promoter's Privacy Policy. Promoter’s Privacy Policy: https://3commas.io/privacy-policy.


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