Nova Shots
Terms and conditions
Introduction
a.
Application
These Terms govern your participation in the Campaign, even if you joined the Campaign before accepting these Terms. Please read these Terms carefully as they affect your obligations and legal rights. As the Campaign interacts with the App, the Terms and Conditions, and Privacy Policy of the App additionally apply to all your interactions therewith.
b.
Acceptance
By participating in the Campaign, or by accepting these Terms, including by clicking a checkbox referencing these Terms, whichever is earlier, you confirm that you have read, understood, and agree to these legally binding Terms in full without modifications or reservations. If you do not agree, you must immediately stop participating in the Campaign. These Terms apply to your participation in the Campaign, including where your participation began prior to your acceptance of these Terms. Accordingly, these Terms shall apply retroactively from the commencement of the Campaign.
c.
Disclaimers
Note that Section 11 Applicable Law and Dispute Resolution contains provisions governing the choice of law, arbitration terms, and class action waiver. Please read and review Sections 8, 9, 10 Important Disclaimers, Limitation of Liability, and Indemnification carefully before accepting these Terms as they provide for the limitation of liability, your obligations to indemnify us and Nova Parties, and contain disclaimer of warranties concerning the Campaign.
d.
Personal Data
By accepting these Terms, you acknowledge that your personal data is processed in accordance with the Nova Shots Privacy Notice.
e.
Modification
These Terms may be modified, supplemented, or updated from time to time without your consent or prior notice. In this case, the “Last Updated” date and version number at the top of these Terms will be updated accordingly. The updated Terms will automatically replace and supersede the previous version upon publication, taking immediate effect, unless we decide otherwise. By continuing to participate in the Campaign, you confirm your acceptance of the updated Terms. It is your responsibility to review these Terms regularly to stay informed of any changes. If you do not agree to the amended Terms, you must immediately stop participating in the Campaign.
f.
Interpretation
Capitalised terms used herein and rules of interpretation are defined in Section 13 Interpretation.
Eligibility
a.
Eligibility Requirements
To be eligible to participate in the Campaign, you must: (i) be capable of entering into a legally binding agreement; (ii) not be a Prohibited Person or acting on its behalf; (iii) be at least 18 years old or of legal age (age of majority) in your jurisdiction; (iv) be a user of the App; and (v) fully comply with these Terms. If you do not meet these criteria, you must not participate in the Campaign until you do.
b.
Compliance Checks Requirement
Compliance Checks may be required to ensure that winners of the Prize meet the eligibility requirements specified in the previous clause. Successful completion of the Compliance Check must be a mandatory precondition for being qualified as a winner and receiving the Prize. Such Compliance Checks have to be completed within the term reasonably determined by us. These Compliance Checks may be conducted either by us directly or through a Third-Party Service provider acting on our behalf.
c.
Compliance Checks Procedure
We reserve the right to request, at any time and at our sole discretion, any information, documents, or confirmations we deem necessary to complete Compliance Checks. We may issue follow-up requests and require you to provide additional materials or clarifications as part of this process. When undergoing the Compliance Check, you must provide only true, complete, accurate, correct, up-to-date, and not misleading information and documents, and you hereby authorise us to conduct verification and check thereof. Any determination of whether you have passed and completed the Compliance Check shall be final and made at our sole and absolute discretion. Failure to complete the Compliance Check to our satisfaction may result in you not being qualified as a winner and the Prize not being distributed to you.
Nova Shots Campaign
a.
General Terms
To participate in the Campaign, you may need to complete certain Campaign Activities and/or meet certain Participation Conditions. The time to complete them may be limited. If you do not complete them within the given period, you will not be eligible to participate in the Campaign and shall not receive the additional Team Tokens and the Prize. We will decide, at our sole discretion, whether you have completed the required Campaign Activities or met the Participation Conditions, and whether you can participate in the Campaign. Our decision will be final and cannot be disputed. We reserve the right, at any time and at our sole discretion, to limit the number of Campaign participants, introduce or change Campaign Activities and/or Participation Conditions, as well as modify the requirements, parameters, Participation Conditions, or Prize for the Campaign. We may further cancel, change, or limit the Campaign and/or Campaign Activities. Any such changes can happen at any time, without any notice or liability to you.
b.
No Multiaccounting
To ensure fairness and integrity of the Campaign, you are permitted to use only one Wallet. Creating or using multiple Wallets in the Campaign is strictly prohibited. If you are found to be operating more than one Wallet to participate in the Campaign, we reserve the right to take corrective actions, which may include, without limitation, suspension or termination of some or all associated Wallets; disqualification from the Campaign; forfeiture of the Prize obtained through such Wallets. We may, at our sole discretion, apply these measures retroactively and without prior notice.
c.
No Gambling
The Campaign is not, and shall not be interpreted as, a gambling activity, lottery, or any other form of regulated betting or gaming under any applicable laws or regulations. Participation in the Campaign is completely free of charge. No purchase, payment, or any form of consideration is required to enter, take part in the Campaign, or comply with eligibility requirements. There is no consideration (except for the obligation to comply with these Terms), monetary exchange, or wagering involved, and participation is open to all eligible persons. The Campaign is organised purely for entertainment and is designed to foster engagement and enjoyment of the Tournament, and the App. The primary goal of the Campaign is to offer a fun and engaging experience to the users, while strengthening and encouraging community participation and enthusiasm.
d.
No Affiliation with Platforms
The Campaign is sponsored solely by us as the developer of the App. Neither Apple, Google, Youtube, Twitch, Telegram, X (Twitter), nor any entities associated with them, App Store, or Google Play are sponsors of, or involved in, the Campaign in any manner. The technical functionality of the Campaign, including the Website, distribution of Tokens and Team Tokens to participants’ Wallets, and distribution of the Prize to eligible winners, is carried out by our partners, who are deemed Third-Party Service providers. While we have made efforts to select a responsible and professional partner, they are distinct from us, and we shall not be liable to Campaign participants for any actions or omissions on the part of that Third-Party Service provider.
e.
Campaign Description
If you meet the eligibility requirements, agree and comply with these Terms, you will receive a set number of Tokens within the App, which you may use to vouch for a team participating in the Tournament. The Tokens initially received may be exchanged on the Website for Team Tokens of any team in the Tournament at an exchange rate determined thereon. If a team for which you hold Team Tokens wins any game, you may receive an additional percentage of the Team Tokens you hold for that winning team. After the Tournament concludes and a single overall winner is determined, all users holding Team Tokens for the winning team prior to the final game of the Tournament will receive a share of the Prize pool proportional to their holdings. The entry deadline for the final game of the Tournament, and the Prize award time, will be determined by us and specified on the Website or within the App. The Campaign description contained herein and any parameters of the Campaign may be changed by us at our sole discretion, with or without notice to you.
f.
Tokens and Team Tokens
You shall not transfer the Tokens or Team Tokens to any other Wallet or by any other means, except in the course of swapping during the Campaign as permitted in the Website interface. The Tokens and Team Tokens are not backed by any physical or other assets, and have no intrinsic value. The terms “Token” and “Team Token” are used purely for descriptive purposes, and they serve solely as units of account within the Campaign. We use blockchain technology to facilitate transparent, and rapid recordkeeping for the Campaign. Tokens and Team Tokens are not means of payment or exchange, and are not intended to become such in the future. They do not represent or confer any ownership rights, shares, securities, or equivalent entitlements, nor do they grant rights to receive future revenues, intellectual property, or any form of participation in the App, our affiliates, or the teams represented by Team Tokens. Tokens are not intended to constitute, nor should they be interpreted as, loan contracts, currencies, securities, commodities, or any kind of financial instruments. The design, functionality, intended purpose, and any other characteristics of the Tokens and Team Tokens may be amended or changed by us at any time, with or without notice. The Tokens and Team Tokens are used solely in connection with the Campaign. Once the Campaign or any of its rounds concludes, the Tokens and Team Tokens will have fulfilled their purpose, will have no further function, and will be forfeited.
g.
Gas Tokens
Gas fees on the blockchain are small transaction charges required to process and validate activity on the network. In the context of the Campaign, you will also receive a limited number of Gas Tokens solely to facilitate participation in the Campaign, including the exchange of Tokens and Team Tokens. These Gas Tokens are provided by a third party, entirely independent from us. Their inclusion in the Campaign must not be interpreted as our endorsement of such Gas Tokens and a third party issuing them, or as investment advice of any kind. Once the Campaign or any of its rounds concludes, the unused Gas Tokens may be revoked by us.
h.
Prize
The nature, value, quantity, form, delivery method, and all other aspects of the Prize or Prize pool are determined solely by us and may be modified, substituted, or withdrawn at any time at our sole discretion, with or without prior notice. We reserve the right to alter or replace the Prize with one of equal or greater value; modify the timing, method, or conditions of Prize delivery; adjust the total Prize pool or individual awards; cancel, suspend, or postpone Prize distribution due to technical, legal, or other reasons. We accept no liability for any loss, disappointment, or damages incurred due to any changes or unavailability of the Prize. To receive the Prize, you will need to complete a specific Campaign Activity and/or meet certain Participation Conditions. You will not be eligible to, and shall not receive, the respective Prize unless and until you are confirmed by us as a winner, which shall be determined by us at our sole and absolute discretion. No person shall be considered a winner or entitled to the Prize unless officially recognised as such by us. The Campaign does not involve any chance-based mechanisms or variable outcomes that would require disclosure of randomised selection processes. Prize distribution is strictly deterministic and based on Team Tokens held before a clearly specified cut-off time. While registering on the Website, you will be required to connect a Wallet associated with the App. If you will be eligible to receive the Prize, it will be distributed to that particular Wallet within the reasonable time of the Tournament completion. The connected Wallet must belong to you, and you must exercise effective control over it. The Prize, when transferred to such Wallet, shall be considered received by you. We will not be liable if you cannot receive the Prize, it is lost or stolen after being duly sent by us, or if your Wallet is compromised. The ownership, title, interests, and rights in the Prize transfer to the eligible winner once the Prize is received in their designated Wallet and such transaction is duly processed by the underlying blockchain network.
i.
Influencers
To promote the Campaign and engage more participants, we may engage certain Influencers for additional promotion of the Campaign. They may offer certain benefits, prizes, and giveaways to their audiences for participation in the Campaign. Please note that such Influencers are Third-Party Services, and we are not affiliated with them in any way and may not share their views. Any statements, opinions, or content expressed by Influencers on their social media channels or otherwise are solely their own and do not represent our views, values, or policies. We do not endorse, verify, or assume responsibility for any such content or communications made by Influencers. We cannot warrant that a particular Influencer will distribute a promised reward after a giveaway’s completion or that the reward will be of satisfactory or expected quality; therefore, we cannot be responsible or liable for any acts or omissions of such Influencers. Additionally, the cost of the reward delivery may not be covered by a particular Influencer, and you will be responsible for paying it. In case of any disputes related to a giveaway and reward delivery, please contact the respective Influencer directly.
j.
Violation
If we believe that you have violated these Terms while participating in the Campaign, we may immediately limit, suspend, or terminate your participation. We may also refuse to transfer any Prize, Tokens or Team Tokens due to you and keep them as compensation for your violation. In this case, our obligations to transfer and deliver them will end immediately.
k.
Termination or Suspension
The Campaign and Campaign Activities, as well as your participation in them, can be limited, suspended, or terminated at any time, with or without reason, and without notice or liability.
Taxes
You are solely responsible for all current and future Taxes applicable to you that may arise from or relate to the transactions made by you through or in relation to the Campaign. This includes all Taxes imposed, levied, collected, withheld, or assessed by any state or governmental authority. It is your obligation to manage your tax responsibilities, as failure to do so may result in penalties, fines, or other legal consequences. However, if we are required under applicable law to withhold or deduct any Taxes, we will do so and reduce the amount of the Prize accordingly. If we are required to make any filings, reports, or submissions to any governmental authority in connection with Taxes related to your participation in the Campaign, you agree to fully cooperate with us and promptly provide any information, documentation, or assistance we reasonably request for that purpose.
Intellectual Property
a.
All Rights Reserved
Except as explicitly provided under these Terms or the applicable law, you do not gain any rights in or to the Intellectual Property, which remains fully owned by its respective rights holders, who may restrict its use at any time. Specific elements of the Intellectual Property are protected under applicable laws, for example: (i) distinctive elements of Third-Party Services may be protected as trademarks, trade dress, copyright, or otherwise, (ii) the Campaign features are protected by copyright, or otherwise, and (iii) the App’s design and branding may be protected by copyright, trademark laws, or otherwise, as applicable. You must not obscure, remove, or alter any marks or notices within the Website or the App. You additionally acknowledge that no rights or interests in any trade names, logos, trademarks, service marks, or other brand identifiers displayed within the Campaign are granted to you under the Licence or otherwise under these Terms, and all such rights are expressly reserved by us or the relevant third-party owners.
b.
Licence
Subject to your compliance with these Terms, you are hereby granted the Licence. The Licence will remain effective until it is revoked, the Campaign ends, or these Terms terminate or expire. Any use of the Website or the Intellectual Property not expressly permitted under the Licence or applicable law is prohibited.
Your Representations and Warranties
By accepting these Terms, you make the following representations and warranties, which must remain true, complete, accurate, and non-misleading at the time of acceptance and throughout your participation in the Campaign:
a.
Acknowledgement of Terms
You have read and understood these Terms, have the authority to accept them, enter into a binding legal agreement with us, and meet the obligations these Terms outline.
b.
No Conflict
Acceptance of these Terms will not breach or conflict with any court orders, judgments, or existing agreements or arrangements you are bound by.
c.
No multiple Accounts
Participation in the Campaign must not involve the use of multiple Wallets or accounts, bots, scripts, or any other automated tools or methods.
d.
Prohibited Person Status
You are not a Prohibited Person, nor act on behalf or for the benefit of a Prohibited Person.
e.
Compliance
Your acceptance of these Terms and participation in the Campaign is in full compliance with all applicable laws. You will meet all tax obligations related to your participation in the Campaign, any transactions made by you in relation to the Campaign, as well as any acquisition, sale, transfer or other disposal of the Virtual Assets, including the Prize.
f.
Understanding of Blockchain Technology
You have sufficient understanding of the functionality, usage, storage, transmission mechanisms, and complexities related to Virtual Assets, Wallets, blockchain-based software, and distributed ledger technology, including blockchain, in general.
g.
Participation Expectations
You understand that your participation in the Campaign may not meet your expectations, fit for a particular purpose or be beneficial, profitable or suitable for you, and it is your decision whether to participate. Any expectations of financial gain or other benefits are solely your own responsibility, and we disclaim any liability for any loss or damage incurred from such expectations.
Prohibited Activities
You must not conduct or participate in any of the following activities, whether directly or indirectly, when participating in the Campaign:
a.
No Disruption and Interference
Do not disrupt, interfere with, or inhibit others from participating in the Campaign. Additionally, you are prohibited from engaging in activities that could disable, impair, or harm the Campaign and its underlying infrastructure or software.
b.
No Restrictions Circumvention
Do not circumvent or attempt to bypass any access or functionality restrictions or limitations related to the Campaign.
c.
No Illegal Use and Harm to Others
Do not participate in the Campaign for illegal purposes, including money laundering, terrorism financing, or those that are harmful or detrimental to us or third parties.
d.
No Fraudulent Activities
Do not engage in fraudulent activities, such as providing false, inaccurate, or misleading information to unlawfully acquire funds or property from others.
e.
No Harmful or Malicious Activities
Do not use malware, harmful code, or software, engage in hacker attacks, or exploit any technical glitches, malfunctions, failures, delays, defaults, or security breaches in relation to the Campaign and underlying infrastructure.
f.
No Unauthorised Data Extraction
Do not use any data mining tools, robots, spiders, crawlers, scrapers, or similar automated methods designed to gather, extract, or harvest data from the Website, the App or any of their parts.
g.
No Impersonation
Do not impersonate any person, project, or entity, or misrepresent your affiliation with them in any way. This includes attempting to disguise your identity or the origin of any messages or transmissions sent to us or others.
h.
Good Faith and Lawful Conduct
Do not act unfairly and contrary to the principle of good faith, nor carry out any other activities that violate any applicable regulations, rules, orders, etc.
Important Disclaimers
a.
No Warranties and Representations
The Campaign, Website, Tokens, Team Tokens, and the Prize are provided on an “as is” and “as available” basis, and their use is entirely at your own risk. There are no warranties of any kind, express or implied, including but not limited to warranties of title, non-infringement, integration, merchantability, fitness for a particular purpose, or those arising from any course of performance or usage of trade with respect to the Campaign, all of which are expressly disclaimed and denied. Specifically, there is no assurance that the Campaign, Website, Tokens, Team Tokens, and the Prize will function as expected, have any specific functionality, be secure or accessible at any time or location, operate continuously, or be free of defects or errors, nor that any issues will be resolved.
b.
No Warranties Regarding Participating Teams
We do not make any warranties, express or implied, regarding the teams featured in the Tournament, including their legitimacy, professional standing, public representation, conduct, or performance. These teams are not affiliated, endorsed, or connected with us. You acknowledge that your decision to vouch for a specific team using Team Tokens is made solely at your own discretion and risk. Any such decision may result in disappointment or association with a team that underperforms, or engages in fraudulent or questionable behaviour. You remain solely responsible for your engagement with the Campaign in this regard.
c.
No Warranties Regarding the Tournament
We provide no warranties regarding the conduct, outcome, schedule, fairness, or organisational decisions made within the Tournament. You acknowledge that decisions made by the Tournament organisers and judges may differ from your expectations or personal opinions. Nonetheless, we will rely exclusively on the official outcome of the Tournament, as publicly determined and announced by its organisers, when identifying the winning team and distributing the Prize. If the Tournament is cancelled, materially altered, or no single winning team is officially announced, we reserve the right, at our sole discretion, not to distribute the Prize or to modify the conditions of Prize allocation accordingly.
d.
No Advice
No part of these Terms, and the Campaign, is intended to be, or should be considered, or construed as a business, legal, financial, virtual asset, investment, trading, or any other sort of advice, or advice of an advisor or broker regarding any matters to which all or any part of such information relates. Before making any decision, you should consult your own legal, financial, tax, or other professional advisors regarding any such information.
e.
No Offer or Solicitation
No part of these Terms, Materials, or the Campaign constitutes (i) a prospectus, (ii) offer document, or (iii) an offer, recommendation, or solicitation to gamble, bet, buy, sell, or hold investment instruments, securities, stocks, or Virtual Assets, in any jurisdiction.
f.
No Regulated Services
Nothing in these Terms, Materials, or within the Campaign shall be interpreted or considered as the provision of financial, virtual asset, legal, investment, tax, brokerage, financial advisory, fund management, or any related intermediation services. You are solely responsible for ensuring that your participation in the Campaign and any transactions with the Virtual Assets comply with the applicable laws, regulatory and other requirements.
g.
No Benefits
Participating in the Campaign does not presume any benefits, financial returns, gains, or positive outcomes. Any expectations of financial gain or other benefits are entirely your responsibility, and we are not liable for any losses or damages resulting from such expectations.
h.
No Fiduciary Relationship
To the fullest extent permitted by applicable law, we owe no fiduciary duties to you under these Terms. However, we must act in accordance with these Terms and the implied contractual covenant of good faith and fair dealing, as required by law.
i.
No Partnership or Agency
These Terms do not create any agency relations, partnership, joint venture, or co-operative entity. We and you have no authority to bind each other or make public statements on each other’s behalf.
j.
Third-Party Services
When participating in the Campaign, you may encounter and interact with the Third-Party Services. We do not provide any warranties, express or implied, regarding them and do not endorse, recommend, or solicit their use or any interaction with them. Your use of Third-Party Services, as well as any interactions with third parties linked to or from the Website or the App, are entirely at your own risk.
k.
Void Transactions
Any Virtual Assets misappropriated or obtained through violations of these Terms or the intended functionality of the Campaign, Third-Party Services, or related software are strictly prohibited. Any related transactions will be deemed null and void from the outset (ab initio), and the involved Virtual Assets may be subject to forfeiture under applicable law.
l.
Materials Disclaimer
We do not represent or warrant the accuracy, completeness, reliability, or timeliness of any information displayed throughout the Campaign on the Website, in the App or otherwise by us or on our behalf, nor can we ensure that specific information will be available. You shall solely evaluate all information provided by us or on our behalf. The Campaign, Materials and any related information may be updated from time to time with or without notice depending on various circumstances, including market conditions, applicable regulation, and governments’ actions.
Limitation of Liability
a.
Damages
Except as excluded herein and subject to the liability cap outlined below, we are liable only for damages that directly arise from breach of our obligations under these Terms or applicable law. Additionally, to the fullest extent permitted by the applicable law, we shall not be liable for any consequential, incidental, indirect, or punitive damages, including loss of profits, business opportunities, data, goodwill, diminution of value, or business interruptions, regardless of their legal basis.
b.
No Personal Liability
To the fullest extent permitted by law, in no event shall our or Affiliates’ officers, directors, employees, consultants, and shareholders be held personally liable in connection with these Terms and any transaction contemplated hereunder, provided that the foregoing shall not limit our liability as an entity.
c.
Liability Cap
To the fullest extent permitted by law, the total liability of the Nova Parties arising from these Terms, whether in contract, tort, breach of duty, or otherwise, including attorney’s fees, will not exceed one hundred (100) U.S. dollars or equivalent.
d.
No Liability
To the fullest extent permitted by law, the Nova Parties shall not be liable for any losses or damages, regardless of their legal basis (breach of warranty, contract, negligence, strict liability, or tort), even if advised of the possibility of such losses, arising from or caused by: (i) any acts, activities or omissions of the Third-Party Services, users of the Third-Party Services, App users, or any other third parties that are outside of our direct control; (ii) your breach of these Terms or the applicable law; and (iii) the Force Majeure Circumstances.
e.
Exclusions
Nothing in these Terms limits liability for gross negligence, fraud, fraudulent misrepresentation, death or personal injury resulting from negligence, or any other liability that cannot be legally limited.
Indemnification
To the fullest extent allowed by law, you agree to indemnify, defend, and hold harmless the Nova Parties from any claims, demands, actions, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (i) your violation of these Terms or applicable laws, including providing false representations or warranties; (ii) your participation in the Campaign; and (iii) your tax obligations related to the transactions made through or in relation to the Campaign. We reserve the right to control the defence of any indemnified claim, at your cost. This indemnity is in addition to any other legal remedies available to us.
Applicable Law and Dispute Resolution
a.
Applicable Law
These Terms, as well as any relationship relating to the Campaign, are governed by the laws of Singapore, excluding any conflict of law rules.
b.
Negotiations
You must first contact us to try to resolve any dispute related to these Terms or the Campaign informally by sending a notice via email at [email protected]. If no agreement is reached within thirty days, the dispute may be submitted to applicable authority as outlined below.
c.
Arbitration
If, and only if, a dispute cannot be resolved through the negotiations outlined in the preceding clause, then such dispute shall be referred to and finally resolved by the binding arbitration in accordance with the general procedure under the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator and the language of the arbitration shall be English. The law of this arbitration agreement shall be the law of Singapore.
d.
Confidentiality
To the fullest extent permitted under applicable law, each party involved must maintain the confidentiality of any arbitration, litigation and negotiation proceedings, judgments and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the litigation or related to the disputes.
e.
No Class Actions
To the extent permissible by applicable law, any dispute arising out of or related to these Terms is personal to you and us and will be resolved solely through individual litigation, not as part of a class, collective, representative, or private attorney general action or proceeding. You further agree to waive any right for such disputes to be brought or heard as a class, collective, representative, or private attorney general action or proceeding, to the extent permissible by applicable law. Combining or consolidating individual claims or litigations into a single litigation is not permitted without our prior consent.
f.
Statutes of Limitation
To the extent permitted by law, any claim related to these Terms and the Campaign must be filed within one year of the event giving rise to the claim. Claims not filed within this period will be permanently barred, meaning neither you nor we can pursue such claims.
Miscellaneous
a.
Entire Agreement
These Terms and any incorporated documents constitute the entire agreement between you and us, superseding all prior and contemporaneous understandings, writings, or promises related to the subject matter of these Terms. You acknowledge and confirm that you will not rely on and have no remedies in respect of any warranty, statement, promise, assurance, or statement (whether made innocently or negligently) that is not set out in these Terms.
b.
Communications
We will send you Communications concerning these Terms and the Campaign electronically, including through social media channels of our choosing. All such Communications will be deemed valid, in writing, and legally binding, and will be considered delivered to you on the day after they are published or transmitted. You can send us Communications to our contact email address [email protected].
c.
Third-Party Beneficiaries
These Terms will benefit the Nova Parties, and any of them may rely on and enforce the provisions of these Terms as if they were a party to these Terms. Except in relation to the Nova Parties, no person who is not a party to these Terms shall have any right to enforce any of its provisions or rely on any term hereof. Notwithstanding the foregoing, any modification, assignment, novation, or other amendment to these Terms may be made without the consent, approval, or notice to any third party, including any Nova Parties.
d.
No Waiver
Our failure or delay in exercising any right or remedy under these Terms or applicable law does not constitute a waiver of that or any other right or remedy. It also does not preclude or limit the further exercise of that or any other right or remedy. Similarly, any single or partial exercise of a right or remedy does not preclude or limit its further exercise or the exercise of any other right or remedy.
e.
Assignability
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms and our rights and obligations hereunder at any time without your consent.
f.
Validity and Enforceability
The invalidity or unenforceability of any provision or part-provision of these Terms shall not affect the validity or enforceability of any other provisions of these Terms, all of which shall remain in full force and effect.
g.
Survival
Provisions hereof construed to survive the termination of these Terms shall survive any expiration or termination of these Terms, regardless of reason.
Interpretation
a.
Definitions
In these Terms, unless the context requires otherwise, the terms shall have the following meaning:
“Affiliate” means a person controlling, controlled by, or under the same control as us.
“App” means the ‘Nova Polkadot Wallet’ application owned and operated by us or our Affiliates, hosted as mobile applications available on iOS (https://apps.apple.com/us/app/nova-polkadot-wallet/id1597119355) and Android (https://play.google.com/store/apps/details?id=io.novafoundation.nova.market) providing functionalities and services as described at https://novawallet.io, as may be updated from time to time, which content does not form a part of these Terms and is provided for information purposes only.
“Campaign” means the entertainment-based promotional game titled Nova Shots, which allows participants to vouch for the winner of the Tournament. The Campaign is associated with and features the Tournament, and is organised by us for the purpose of promoting both the Tournament and the App.
“Campaign Activities” means certain quests, tasks or other events introduced by us, the participation in or completion of which may be a precondition for the participation in the Campaign.
“Communications” means any communications, notices, and disclosures related to these Terms.
“Compliance Checks” means know your customer (KYC) checks or verification processes, that may be implemented by us at our sole and absolute discretion, for the purpose of ensuring compliance with our policies and applicable laws.
“Force Majeure Circumstances” means any events beyond our control that interfere with the performance of these Terms, including, without limitation, (i) fire, flood, hostility, pandemic, act of God, explosion, strike; (ii) war, undeclared war, civil war, revolution, riot, act of terrorism, military actions, interventions, and operations; (iii) epidemic, pandemic, insurrection, labour dispute, accident; (iv) sanctions, government actions, embargoes; (v) injunctions, cease and desist orders, restraining or similar orders of, or prohibitions established by a court, governmental or other authorities; (vi) weaknesses, vulnerabilities and bugs in the software, blockchain networks, smart-contracts, other technologies integrated or used in connection with the Campaign; (vii) actions, failures to act or inactions of Third-Party Service providers or other third parties, including fraud, loss or theft of funds by such third parties; (viii) system interference or destruction by any malicious programs; and (ix) power failure, equipment or software malfunction or error.
“Gas Tokens” means certain decentralised Virtual Assets bearing the ticker symbol ‘HDX’ that are publicly accessible and may be used to cover blockchain transaction fees.
“Influencers” means influencers, streamers, opinion leaders, organisations, or team members playing in the Tournament who are promoting the Campaign.
“Intellectual Property” means any copyrighted content, names of services and products, logotypes, trademarks and other marks, trade secrets, inventions, designs, drawings, pictures, animations, works of authorship, etc., which may be demonstrated throughout the Campaign.
“Licence” means a limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal, and temporary right to access and use the Website for its intended purposes and in accordance with these Terms, for the duration of these Terms.
“Materials” means any information, statements, announcements, data, content, and other materials provided via the Website, the App, or otherwise communicated by us or on our behalf in relation to the Campaign.
“Participation Conditions” means certain terms, conditions, participation requirements and criteria applicable to the Campaign participants, as may be determined by us from time to time.
“Prize” means a portion of the general prize pool amount allocated for the Campaign, the specific percentage of which will be determined and distributed to each eligible participant after the number of winners becomes apparent.
“Prohibited Person” means any individual or legal entity that is: (i) a citizen, national, resident, or organised under the laws of, or located or ordinarily resident in, any country or territory that is the subject of comprehensive, country-wide or territory-wide sanctions administered or enforced by the government of Singapore, the United Kingdom, the United States, the European Union, any EU member state, or any other applicable governmental or international authority; or (ii) listed on, or otherwise directly subject to, any sanctions-related list of restricted persons maintained by any of the foregoing authorities, including but not limited to the Monetary Authority of Singapore, U.S. Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List, the UK Sanctions List, the EU Consolidated List, or similar.
“Taxes” means any income, earnings, capital gains, sales, use, value-added, withholding, export and import and similar taxes, customs duties, charges or payments.
“Terms” means these Nova Shots Terms & Conditions, together with all agreements and documents incorporated herein by reference, as may be amended from time to time.
“Third-Party Services” means any project, product, service, software, technology, or infrastructure that is not developed, provided, or operated by us. This includes the Tournament, Tournament organiser, Influencers, blockchain networks, Virtual Assets, decentralised applications, Gas Tokens, and similar external systems.
“Team Tokens” means certain tokens recorded on the blockchain, used solely as units of account within the context of the Campaign to reflect a participant’s support for a specific team in the Tournament.
“Tokens” means certain tokens recorded on the blockchain, used exclusively within the Campaign as units of account, and enabling participants to receive Team Tokens.
“Tournament” means the CounterStrike 2 tournaments organised by BLAST.tv, and featured in the Campaign.
“Nova Parties” means us, Affiliates, and their respective shareholders, directors, officers, members, employees, agents, advisors, contractors, successors, and assignees.
“Virtual Assets” means digital cryptographic tokens deployed (implemented) on a public blockchain network, such as, for example, Gas Tokens, USD Tether (USDT), USD Coin (USDC), and so forth, explicitly excluding Tokens and Team Tokens.
“Wallet” means the crypto wallet(s) made using the App, being a combination of your private seed phrase, password, and associated unique public blockchain address, which enables you to access, manage and use the Virtual Assets connected thereto, Tokens, and Team Tokens.
“we”, “us”, “our” means NOVASAMA TECHNOLOGIES PTE. LTD., a company established under the laws of Singapore, organising the Campaign.
“Website” means the website accessible at https://novashots.io, including any of its subdomains.
“you”, “your” means a person who accepts these Terms.
b.
Rules of Interpretation
Unless the context requires otherwise, references to one gender include all genders; singular includes plural and vice versa; terms like “including”, “in particular”, or “for example” are illustrative and shall not limit the sense of the following words; Section headings do not affect interpretation hereof; these Terms will not be construed to our disadvantage for preparing them.
Schedule 1
Privacy Notice
This Privacy Notice
Please carefully read this Privacy Notice as it provides you with information about your personal data being processed in connection with your participation in the Campaign. This Privacy Notice explains which types of personal data we hold on you, how we collect and process such data, how long we keep it, and so on. We try to adhere to the principle of data minimisation and design our products and services to operate without collecting any personal data from you wherever possible. For more information regarding the processing of your personal information while using the App, please refer to the App’s Privacy Policy available at https://novawallet.io/privacy. In the event of any conflict between this Privacy Notice and the App’s Privacy Policy, this Privacy Notice shall prevail with respect to any matters specifically related to the Campaign.
Interpretation
Unless otherwise provided in this Privacy Notice, capitalised terms used in this Privacy Notice have the meaning determined in the Terms. In this Privacy Notice, “personal data” and “personal information” are synonyms. They refer to any information that identifies or can reasonably identify you, either directly or indirectly.
Contact Details
We are the data controller for the data collected under this Privacy Notice, meaning we determine how and why your data is processed. If you have any questions about this Privacy Notice or your data processing, please contact us at: [email protected].
Type of Data
The categories of personal data collected depend on how you interact with us, use the App, and the requirements of the applicable laws. In general, participation in the Campaign per se does not require provision of your personal data. You may only need to provide certain personal data while interacting with the Website or if you are a winner. We collect and process the following types of personal data:
a.
Compliance Checks Data
This includes full name, citizenship, country of domicile, residential address, IP address, birth date, birthplace, compliance documentation (including, but not limited to, proof of identity and proof of address), photo, and liveness identity verification. It is collected only in case of Compliance Checks.
b.
Wallet Data
This includes Wallet addresses, which are public blockchain addresses associated with your Wallet, and associated transaction data related to the Campaign, which may include information about transactions involving Tokens, Team Tokens, and Prize distribution, including transaction ID, amount, status, time and date, etc. While a Wallet address alone does not identify a specific individual, when combined with other data (such as a name, nickname or email address), it may enable identification.
c.
Marketing Data
This includes your email address. Provision of this data is optional.
d.
Contact Data
This may include name, contact details, social media account handles, and other data, depending on what information you provide to us. Please do not provide personal data unless it is reasonably necessary or requested by us. Note that we may also collect certain other information, which may be required under the applicable laws.
Data Use
Your personal data is processed as follows:
a.
Compliance Checks Data
We process such information to comply with the applicable legislation and policies, including the AML, and to ensure security of the Campaign. The lawful basis for such data processing is (i) the performance of a contract with you; (ii) compliance with the applicable law; and (iii) our legitimate interest to ensure security of the Campaign.
b.
Wallet Data
We use the Wallet Data (i) to ensure the Campaign operation and enable you to use its functionality; and (ii) for financial, accounting, and tax purposes. The lawful basis for such data processing is (i) the performance of a contract with you; (iii) our legal obligation to comply with the applicable laws with respect to the financial, accounting, and tax purposes.
c.
Marketing Data
To promote the Campaign and engage more participants, we may engage certain Influencers for additional promotion of the Campaign. They may offer certain benefits, prizes, rewards, and giveaways to their audiences for participation in the Campaign. Emails will be collected solely for the purpose of enabling us, in case you win a specific giveaway or promotion by an Influencer, to provide your email to that Influencer for the purposes of contacting you regarding receipt of the reward. The lawful basis for such data processing is your consent. You can revoke your consent at any time before your data is passed on to an Influencer.
d.
Contact Data
To respond to your inquiry. The lawful basis for such data processing is our legitimate interest to respond to your inquiry.
Processing Period
As a general rule, your personal data is kept as long as it is necessary for the purposes it was collected. It may be retained longer if required to meet our legal obligations, in relation to legal proceedings, or to protect our rights and legitimate interests or those of third parties. The default storage periods are as follows:
a.
Compliance Checks Data
We store such data for eight (8) years from the date of your completion of the Compliance Check. This retention period is set in order to comply with applicable legislation, including anti-money laundering regulations and policies.
b.
Wallet Data
We do not set a retention period for Wallet Data that is not personal, and we are not able to identify any particular individual with such Wallet Data. For the purposes of the Campaign, if any Wallet Data becomes identifiable, we will retain it for a period of six (6) years following the completion of the transaction to which it relates. This retention period is established in light of the applicable statutes of limitations under applicable law. Note that due to the nature of a blockchain, the Wallet Data may be stored permanently on the applicable blockchain, not by us, and may be accessed and viewed by any person at any time. For more details, refer to the ‘Features of Blockchain Data Processing’ section of this Privacy Notice below.
c.
Marketing Data
We will store participants’ emails until the end of the particular round of the Tournament for which you consented to provide that email. After each round of the Tournament, the provided emails will be permanently deleted.
d.
Contact Data
For six (6) years from the last date when you contacted us regarding the same matter. We set this retention period due to the statutes of limitations under applicable law.
Data Sharing
a.
General
We do not sell or rent out your data. We may share it in line with this Privacy Notice, applicable laws, the Terms, or with your consent. Appropriate measures will be taken to protect your data during such transfers.
b.
Recipients
Given the purposes outlined above, your personal information is shared with the following categories of recipients: (i) Affiliates; (ii) marketing, support, and technical teams; (iii) people who use blockchain explorers (note that certain Wallet Data may be publicly available to them); (iv) social networks and users of such social networks; (v) our partners responsible for the operation of the Website, Tournament, Tokens, and Prize organisation and distribution; (vi) hosting service providers; (vii) government authorities, upon their request or if necessary to comply with our legal obligations; (viii) Influencers, where applicable; and (ix) operators of the Third-Party Services.
Features of Blockchain Data Processing
Certain data, such as wallet address and relevant blockchain transactions, may interact with public and decentralised blockchains that work autonomously. “Decentralised” means no one controls or operates the blockchain. “Public” means anyone can access blockchain data, and this access cannot be restricted. By design, blockchain records are permanent and cannot be changed or deleted. Transactions are also irreversible, which may limit your ability to exercise certain data protection rights. Since information that was entered in a blockchain becomes publicly available, we cannot control or manage access to it. The decision to use blockchain or carry out any transactions is entirely up to you.
Automated Decision-Making
Automated decision-making refers to decisions made solely by automated means, without human involvement in the outcome. The determination of winners and distribution of the Prize within the Campaign is carried out automatically based on predefined rules and the number of Team Tokens held, using publicly available Wallet Data. However, such automated decisions do not rely on or involve your personal data. If we intend to use your personal data in any future automated decision-making processes, we will inform you in advance, where required by applicable law.
Data Subject Rights
a.
Verification
In case you wish to exercise your data subject rights, we may request certain information from you to verify your identity and confirm that you are entitled to exercise such rights.
b.
Blockchain Data Processing
Please note that when interacting with blockchain networks, you may not be able to fully exercise certain rights under applicable data protection laws regarding your blockchain transactions. For example, we may be unable to delete, correct, or restrict your data available on a public blockchain, such as wallet address and processed transactions. For more details, refer to the ‘Features of Blockchain Data Processing’ section of this Privacy Notice.
c.
Data Subject Rights
According to the applicable legislation, you may have the following rights:
i.
Right to Access
You can request to see if we process your personal data. If we do, you can ask for details about the processing and a copy of the data to verify its accuracy and legality.
ii.
Right to Correction
You can request to correct or complete any incomplete or inaccurate data. We may need to verify the accuracy of the new information you provide.
iv.
Right to Objection
You can object to the processing of your data if it does not comply with applicable laws. We may, however, show that we have compelling legitimate grounds for processing that override your rights.
v.
Right to Restrict Processing
You can ask us to suspend processing your data if: (i) you need to verify its accuracy, (ii) it is used unlawfully, but you do not want it deleted, (iii) you need it to establish, exercise, or defend legal claims, or (iv) you have objected to its use, and we need to verify if we have overriding grounds.
vi.
Right to Data Portability
You can request your personal data be transferred to you or a third party in a structured, commonly used, machine-readable format. This right applies only to automated data processed based on your consent or performance of contract.
vii.
Right to Withdraw Consent
You can withdraw your consent at any time if we are processing your data based on your consent.
viii.
Right to Human Review
You can request a human review of decisions made solely based on automated processing, including profiling, if such decisions impact your rights.
ix.
Right to File a Complaint
You can file a complaint with a supervisory authority if we violate your rights or legal obligations. The competent authority may depend on your location.
Third-Party Links
The Website and the App may include links and social media plugins to third-party websites and applications. Clicking on them may allow third parties to collect or share your data. We do not control or endorse these third parties and are not responsible for their privacy practices. You should review the privacy policies of any external websites or apps you visit.
Personal Data of Children
The Campaign is not intended for children under 18 years (or older if local laws set a higher age). We do not knowingly collect or use personal data from children. If we learn that a child has provided us with personal information, it will be promptly deleted. Parents or guardians who believe their child’s data has been collected should contact us.
Last updated: August 22, 2025
Version: 1.1
Previous Version: 1.0