These Content Competition Terms and Conditions (“Competition Terms”) apply to all content competitions (each, a “Competition”) that SwapBase Trading Inc. (“SwapBase”) offers. Each Competition may have additional terms and conditions or rules (the “Rules”) that will be posted below or otherwise provided to you with the Competition’s details. These Competition Terms and the Rules for each Competition will govern such Competition and your participation in such Competition. In the event of a conflict between the Competition Terms and the Rules, the terms of the Rules will govern to the extent of such conflict. Please read these Competition Terms and each Competition’s Rules carefully before you participate in a Competition. By participating in a Competition, you represent and agree to be bound by the Rules and these Competition Terms. In order to participate in a Competition offered within the Services (as defined in the Terms of Use (“Terms of Use”)), you must also agree to the Terms of Use and our Privacy Policy (the “Privacy Policy”). If you do not agree with the Terms of Use or Privacy Policy, then you immediately should stop using or accessing the Services.

1. ELIGIBILITY

To be eligible to participate in a Competition, at the time and date of entry:

• if you are participating in the Competition as an individual, then you must be of legal age in the jurisdiction in which you reside and you must have the legal capacity to enter into these Competition Terms and be bound by them;
• if you are participating in the Competition as an entity, then you must have the legal authority to accept these Competition Terms on that entity’s behalf, in which case “you” (except as used in this paragraph) will mean that entity;
• you must not be a resident, national, or agent of Crimea and Sevastopol, Cuba, Iran, North Korea, Sudan, Syria, or any other country to which the United States, the United Kingdom or the European Union embargoes goods or imposes similar sanctions (collectively, “Restricted Territories”);
• you must not be a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the European Union, or the United Nations (collectively, “Sanctions Lists Persons”); and
• you must meet all additional eligibility requirements set forth in the Rules of the Competition.

Further, SwapBase reserves the right to limit or refuse your eligibility to participate in any Competition for any reason in its sole discretion, including where your participation is prohibited by any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over SwapBase, you, the Site (as defined in the Terms of Use) or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”). If SwapBase becomes aware of any violation of these Competition Terms, the Rules and/or the Terms of Use, SwapBase may elect to, among other things, (i) prohibit you from using the Services; or (ii) withhold, amend, or cancel the benefits and/or rewards of any Competition.

2. COMPETITION START AND END TIMES AND CONDITIONS

Each Competition will start and end as described in the Rules applicable to such Competition (“Competition Period”). Engaging in any trading activity before or after the Competition Period will not result in receiving any benefits and/or rewards from the Competition. SwapBase determines in its discretion when a Competition Period is deemed to have started and ended.

3. HOW TO PARTICIPATE

To participate in a Competition, during the Competition Period, subject to eligibility, you must follow the instructions in the Rules. SwapBase reserves the right to limit participants based on IP addresses, Ethereum network addresses, email addresses, or other factors SwapBase decides at its sole discretion.

4. COMPETITION ADMINISTRATION

SwapBase hereby reserves the right to amend, suspend, or terminate any Competition at any time with or without prior notice or consent. SwapBase further reserves the right to amend, withhold, or cancel any Competition rewards and/or benefits granted if SwapBase becomes aware of any violation of these Competition Terms, the Rules and/or Terms of Use. Administration of Competitions, including determination of the winner of the Competitions, are at the sole discretion of SwapBase, subject to the Applicable Laws. Any questions relating to eligibility, these Competition Terms, the Rules, or the Competition will be resolved at SwapBase’s sole discretion and its decision will be final and binding with respect thereof. If it is discovered by SwapBase that any person or entity has or has attempted to violate these Competition Terms, the Rules and/or Terms of Use, then SwapBase may disqualify you from the Competition in its sole discretion.

5. PRIVACY

By participating in a Competition, you acknowledge and agree that any personal information that you provide will be maintained in accordance with the Privacy Policy. By participating in a Competition, you (a) grant to SwapBase the right to use your name, country of residence, email address or any other information you provided to SwapBase (“Personal Information”) for the purpose of administering the Competition; (b) grant to SwapBase the right to use your Personal Information for publicity, promotional, marketing and advertising purposes relating to the Competition, in any and all media now known or hereafter devised, without further compensation unless prohibited by Applicable Law; and (c) acknowledge that SwapBase may disclose your Personal Information to its third-party agents and service providers in connection with any of the activities listed in clause (b) above. SwapBase will use your Personal Information only for the identified purposes and as contemplated in the Privacy Policy.

6. INTELLECTUAL PROPERTY

SwapBase shall own all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, sui generis database rights and all other intellectual property rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, by you, for you, or on your behalf during the term of the Competition that relate to the subject matter of or arise out of or in connection with the Competition (collectively, “Inventions”). You hereby make all assignments necessary to accomplish the foregoing ownership. You shall assist SwapBase, at SwapBase’s expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce and defend any rights assigned. You hereby irrevocably designate and appoint SwapBase as your agent and attorney-in-fact, coupled with an interest, to act for and on your behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by you and all other creators or owners of the applicable Invention.

To the extent allowed by law, the foregoing and any license granted to SwapBase hereunder includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like. Furthermore, you agree that notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, and without any further compensation, SwapBase may and is hereby authorized to (and to allow others to) use your name in connection with promotion of its business, products or services. To the extent any of the foregoing is ineffective under applicable law, you hereby provide any and all ratifications and consents necessary to accomplish the purposes of the foregoing to the extent possible. You will confirm any such ratifications and consents from time to time as requested by SwapBase. If any other person is in any way involved in assisting with your submissions in any Competition, you will obtain the foregoing ratifications, consents and authorizations from such person for SwapBase’s exclusive benefit.

If any part of the Inventions is based on, incorporates, or is an improvement or derivative of, or cannot be reasonably and fully made, used, reproduced, distributed and otherwise exploited without using or violating technology or intellectual property rights owned by or licensed to you (or any person involved in the Competition) and not assigned hereunder, you hereby grant SwapBase and its successors a perpetual, irrevocable, worldwide royalty-free, non-exclusive, sublicensable right and license to exploit and exercise all such technology and intellectual property rights in support of SwapBase’s exercise or exploitation of the Inventions, other work or information performed or provided with respect to any Competition, or any assigned rights (including any modifications, improvements and derivatives of any of them).

7. RELEASE AND PUBLICITY

YOU AGREE TO RELEASE AND HOLD HARMLESS SwapBase AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATED COMPANIES, SUBSIDIARIES, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN A COMPETITION. YOU AGREE THAT NEITHER SwapBase NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATED COMPANIES, SUBSIDIARIES, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, AGENTS, SUCCESSORS AND ASSIGNS ARE LIABLE FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING FROM PARTICIPATION IN A COMPETITION AND ACCEPTANCE, POSSESSION AND USE OF THE BENEFITS AND/OR REWARD OF A COMPETITION. SwapBase IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PUBLICATION OF THE OFFER OR ADMINISTRATION OF THE COMPETITION OR IN THE ANNOUNCEMENT THEREOF.

8. TAXES

You will be solely responsible for all income tax liabilities that arise from or in any way relate to any benefit and/or reward that SwapBase conveys to you, including income taxes, sales, personal property, use, VAT, excise, withholding, and self-employment taxes. SwapBase shall have the right to withhold from any amounts payable to you such foreign, federal, state, or local taxes as may be required to be withheld under any Applicable Law. You must report the value of the benefit and/or reward you receive from SwapBase and complete any required tax forms that SwapBase requests be completed prior to receiving your benefit and/or reward.

9. GENERAL

Sections 6 through 9 of the Terms of Use are incorporated herein by reference, and you shall be equally subject to those provisions with respect to these Competition Terms and each Competition.