Nimses giveaways terms and conditions

This document sets terms and conditions (“Terms”) according to which Nimses Inc. (“the Promoter”) carries out prize drawings on Instagram, which are called “Giveaways” (“Prize drawings”).

Note! These Terms contain general rules that apply to all Prize drawings, which the Promoter carries out on Instagram. All specific conditions of the relevant Prize drawing will be outlined in the official post on Instagram, which will be published on the Promoter’s official Instagram account – https://www.instagram.com/nimses/.

By entering a specific Prize drawing, you agree to be bound by these Terms. By entering a specific Prize drawing you also confirm that you have read and you are accepting Nimses privacy policy (https://nimses.com/en/privacy/), to the extent where it is applicable to processing your data due to your participation in the Prize drawing.

Note! Prize drawings are open to participants only from several countries identified in clause 2 of these Terms.

1. The Promoter

Nimses Inc., a Delaware company registered at 1209 N Orange ST, Wilmington, DE 19801, USA.

The Promoter may retain third parties in order to carry out Prize drawings under these Terms.

2. Who can participate

Prize drawings are open to users of Instagram, who:

1) are only from the following countries: Ukraine, Russian Federation, Belarus, Kazakhstan, Moldova, Azerbaijan.

2) are aged 13 years or over;

3) are not:

  • listed in any Sanctions-related lists of designated Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of State, or by the United Nations Security Council, the European Union or any European Union member state;
  • residing or acting in sanctioned territories, including, as of the date hereof, Iran, Cuba, Syria, Sudan, North Korea and the Crimea region of Ukraine;
  • banned from consuming and using Nimses services due to any other similar prohibitions or sanctions;
  • employees, officers, representatives of the Promoter, contractors of the Promoter, persons who are related to or affiliated with the Promoter and their family members.

4) fulfil other additional requirements with respect to a specific Prize drawing. The Promoter can set additional requirements with respect to the eligibility for a specific Prize drawing, inter alia, requirements regarding the quantity of posts on the Instagram account of a participant, the quantity of followers on the Instagram account of a participant, etc. All such additional requirements will be mentioned by the Promoter in the relevant post on Instagram announcing the specific Prize drawing.

3. Acknowledgement

Any Prize drawing is in no way sponsored, endorsed or administered by, or associated with, Instagram.
Any questions, comments or complaints regarding a Prize drawing will be directed to the Promoter, not Instagram. The Promoter provides a complete release of Instagram.

By participating, you confirm you understand that the specific Prize drawing is in no way associated with, administered by or endorsed by Instagram and you also acknowledge a complete release of Instagram.

4. How to enter

In order to enter a specific Prize drawing you have to proceed the actions that are outlined in the relevant post on Instagram announcing the specific Prize drawing. Such actions usually may include publishing specific post or stories using special hashtag, filter, etc.

Unless otherwise is stated in the relevant post on Instagram announcing the specific Prize drawing, only one entry from a participant per a specific Prize drawing is allowed. No payment is required in order to enter or to win in a Prize drawing.

5. Mechanics of the Prize drawing. Delivery of prizes.

A winner will be selected at random by an automated draw.

A winner will be notified via a message on Instagram. If a winner does not respond to the Promoter within 24 (twenty-four) hours of being notified by the Promoter, then the results of the Prize drawing will be forfeited and the Promoter will be entitled, but not obliged, to select another winner in accordance with the process described above.

After you confirm you are willing to receive the prize, you will be asked to provide the Promoter with documents necessary for the KYC procedure (screening on compliance with article 2 hereof). These documents shall be provided to the Promoter in due copies within twenty (20) business days since the moment of request.

You also will be asked to provide information allowing the Promoter:

1) to identify you in Nimses ecosystem to be able to deliver a Prize to you within Nimses ecosystem (where applicable, e.g., when a prize is Dominim or other similar object, which circulates only within Nimses ecosystem). Note! If you do not have an account in Nimses ecosystem and you win a prize, which circulates only within Nimses ecosystem (e.g. Dominim), you have to create an account within twenty (20) business days of being notified by the Promoter. If a winner does not create the account or does not provide the Promoter with information allowing the Promoter to identify the winner in Nimses ecosystem within twenty (20) business days of being notified by the Promoter, then the results of Prize drawing will be forfeited and the Promoter will be entitled, but not obliged, to select another winner in accordance with the process described above. In this case, a winner has no right to demand a prize from the Promoter or any monetary compensation;

2) to deliver a prize to you (where applicable, e.g., when a prize is other than Dominim or other similar object, which circulates only within Nimses ecosystem). In order to deliver a prize to a winner, the Promoter needs to know your full, valid, updated contact information. Consequently, a winner shall provide the Promoter with all the necessary information and documents before the prize will be sent to the winner. The list of necessary information and documents will be sent to the winner. If a winner does not provide the Promoter with necessary information and documents within twenty (20) business days of being notified by the Promoter, it will automatically be considered a winner’s waiver to obtain the prize. In this case, a winner has no right to demand a prize from the Promoter or any monetary compensation.

Promoter’s decision regarding any aspect of Prize drawings is final and binding and no correspondence will be entered into about it.

6. Duration of a Prize drawing

Duration of the specific Prize drawing shall be indicated in the relevant post on Instagram announcing the relevant Prize drawing.

7. A prize

Prizes vary. The specific prize, which is being drawn, shall be indicated in the relevant post on Instagram announcing the specific Prize drawing. Promoter retains the right to change a prize to any other equivalent to the mentioned one, at any time at its sole discretion. For the winner, the Prize is non-exchangeable, non- transferable and no cash alternative is offered. The Promoter shall not be responsible for the safety and quality of prizes, which are not manufactured by the Promoter. All claims shall be addressed directly to the relevant manufactures.

8. Privacy issues

The Promoter has a right to mention winner’s details (full name, winner’s nicknames, avatars, account in Nimses ecosystem) in mass media, inter alia, in a list of Prize drawing winners, with respect to the Prize drawings, in promotional and advertising materials with respect to Nimses products.

By entering a specific Prize drawing, you agree and allow the Promoter to mention your details (full name, winner’s nicknames, avatars, account in Nimses ecosystem) in mass media, inter alia, in a list of Prize drawing winners with respect to the Prize drawings, in promotional and advertising materials with respect to Nimses products without any compensation to you.

9. Grounds for refusal

The Promoter has the right to refuse to award a prize to a winner or to cancel awarding a prize to a winner, if the Promoter reveals, that:

  • a winner conducted fraudulent actions in order to violate or circumvent these Terms or additional participation requirements set in the relevant post on Instagram announcing the specific Prize drawing;
  • a winner did not meet the participation requirements of these Terms or additional participation requirements set in the relevant post on Instagram announcing the specific Prize drawing;
  • a winner did not fulfill these Terms, inter alia, did not provide the Promoter with the documents or information necessary for prize awarding during the term set by these Terms, did not create an account in Nimses ecosystem (if applicable);
  • a winner violated Nimses terms of service (where applicable).

10. Prize delivery (for prizes that circulate only within Nimses ecosystem, e.g. Dominim)

A prize will be sent to a winner within 10 (ten) business days of getting all necessary information from a winner and creation of an account by a winner (if applicable). If any of the circumstances set out in article 9 of these Terms arise in a time frame between the winner announcement and prize delivery, the Promoter reserves the right to refuse to award a prize.

The Promoter shall not be responsible if a prize cannot be delivered to a winner due to reasons out of control of the Promoter, including, but not limited to winner’s refusal to provide information identifying such user in Nimses ecosystem, winner’s refusal to create an account in Nimses ecosystem (if applicable). In this case, a winner has no right to demand a prize from the Promoter.

11. Prize delivery (for other prizes)

The Promoter bears all expenses in respect to the delivery of a prize to a winner, unless otherwise is set by these Terms.

The Promoter chooses means of delivery of a prize at its sole discretion.

A prize will be sent to a winner within 90 (ninety) business days of getting all necessary information from a winner. If any of the circumstances set out in article 9 of these Terms arise in a time frame between the winner announcement and prize shipment, the Promoter reserves the right to refuse to award a prize.

The Promoter shall not be responsible if a prize cannot be delivered to a winner due to reasons out of control of the Promoter, including, but not limited to, if a winner lives in the temporarily occupied territories of Donetsk and Luhansk regions and a winner refuses to receive a prize via means of delivery offered by the Promoter. In this case, a winner has no right to demand a prize from the Promoter.

The Promoter shall not be responsible for the actions of the delivery service, including, but not limited to, cases when a prize is damaged or lost during the delivery.

If a winner fails to carry out actions required by the relevant delivery service in order to receive a prize, and such prize is returned back to the Promoter, the Promoter may send a prize to a winner again provided all costs are covered by a winner and a winner sends their request not later than 20 (twenty) calendar days following a prize is returned back to the Promoter. Otherwise, a winner has no right to demand a prize from the Promoter.

12. Limitation of liability

To the maximum extent allowed by law, the Promoter and its affiliates and their respective shareholders, investors, beneficial owners, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers will not in any circumstances be responsible or liable to compensate the participant or accept any liability for any loss, damage, personal injury or death occurring as a result of:

  • user’s participation in Prize drawings;
  • user’s inability to participate in Prize drawings due to a technical fault (technical malfunction, computer hardware or software failure, satellite, network or server failure, etc.);
  • winner’s reception of a prize
  • user’s inability to receive a prize due to the reasons that do not depend on the Promoter.

The Promoter shall not be liable for any failure to comply with its obligations under these Terms where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, inevitable accidents, restrictions or prohibitions set by legislation or any other circumstances amounting to force majeure.

13. Taxation

A winner is solely responsible for the declaring and paying taxes, which may arise due to obtaining of a prize, and shall perform all necessary tax obligations if law requires any.

A winner undertakes to indemnify and hold harmless the Promoter and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers from and against any claims, complaints, liabilities, damages, charges, losses, costs and expenses, including without limitation, reasonable attorney's fees and costs due to, arising out of or in any way connected with winner’s failure to execute all necessary tax obligations.

14. Miscellaneous

These Terms are written in English. Provided any translated version of these Terms conflicts with the English version, the English version controls.

All terms used in these Terms shall be understood as they are described in Nimses terms of service.

To the extent permitted by law, these Terms shall be interpreted and regulated in accordance with the material law of the USA, Delaware State. To the extent permitted by law, all disputes related to the conclusion, execution, interpretation, validity of these Terms and/or its individual provisions are considered by the relevant courts of the State of Delaware, USA, in accordance with their procedural legislation of USA.

The Promoter reserves a right to change these Terms at any time and in its sole discretion. The current version of Terms is available on https://nimses.com/en/.

Prize drawing carried out under these Terms under no circumstances shall be treated as a lottery or a gambling.