Promotional Prize Drawing Terms and Conditions

These promotional prize drawing terms and conditions (“Terms”) set out rules according to which a user may take part in prize drawings organized by Nimses Inc.

By participating in a prize drawing, you are agreeing to be bound by these Terms.

If there is any reason to believe that there has been a breach of these Terms or Nimses’s terms of service (https://nimses.com/en/terms/), the Promoter reserve the right to exclude you from participating in a prize drawing, or to refuse to award a prize, or to cancel awarding a prize to you at its sole discretion.

  1. 1. The Promoter

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

  2. 2. Who can participate
    1. Prize drawings are open to all users of Nimses application aged 13 years or over, who have indicated their sex, date of birth and avatar, and comply with Nimses Inc. terms of service and are not:
    • listed in any Sanctions-related list 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 the Ukraine;
    • banned from consuming and using our services due to any another similar prohibitions or sanctions;
    • employees, officers, representatives of the Promoter, contractors of the Promoter, persons, who are related or affiliated to the Promoter.
  3. 3. How to entry
    1. In order to entry into a prize drawing you have to bring at least 1 (one) brand-new user into Nimses ecosystem. As soon as the person you have invited accepts your invitation and creates an account within Nimses application, you automatically become a participant in a prize drawing on the day of invitation acceptance.

      The Promoter reserves the right to change the minimum number of engaged users necessary for the participation in a prize drawing at any time.

    2. Your daily chances to win a prize will increase proportionately with a growth of number of friends, who have accepted your invitations and registered within Nimses. For the illustration of this rule, please see the examples below.
    Example 1

    Put the case that you have invited one (1) friend of yours on Monday. Your friend has accepted your invitation on Thursday. In this case, you will take part in a prize drawing on Thursday.

    Example 2

    the list of users participating in the prize drawing on Monday you will be mentioned 100 (one hundred) times. In order to take part one more time on another day, you need again to bring at least one friend into Nimses ecosystem.

  4. 4. Mechanics of the prize drawing
    1. Prize drawings will run on a daily basis during some period of time defined by the Promoted at its sole discretion.
    2. A winner will be chosen by random draw performed by computer.
    3. A winner will be notified by push-notification and via message in Nimses application’s chat. If a winner does not respond to the Promoter within 24 (twenty-four) hours of being notified by the Promoter, then the results of prize drawing will be forfeited and the Promoter will be entitled to select another winner in accordance with the process described above.
    4. After your confirmation to receive a prize, you will be asked to provide us with documents necessary for KYC procedure (screening on compliance with article 2 hereof). These documents shall be provided to the Promoter in due copies within five (5) working days from the moment of request.
    5. The decision of the Promoter regarding any aspect of prize drawings is final and binding and no correspondence will be entered into about it.
  5. 5. The duration of time period during which prize drawings will be performed is not defined.

    The Promoter carry out prize drawings until the desired number of new users of Nimses ecosystem is reached. The Promoter may suspend prize drawings at any time at its sole discretion.

  6. 6. The prizes are IPhones XS. Promoter retains the right to change a prize to any other equivalent to the mentioned one, at any time at its sole discretion. The Prize for the winner is non-exchangeable, non-transferable and no cash alternative is offered.
  7. 7. Privacy issues
    1. In order to deliver a prize to a winner, we need to know your full, valid, updated contact information. Consequently, a winner shall provide us with all necessary information and documents before the prize will be sent to a winner. The list of necessary information and documents will be sent to a winner. We also may ask you to provide us with documents or information regarding a friend you have invited to Nimses ecosystem to be sure, that your friend is a real person. If a winner does not provide us with necessary information and documents during 40 (forty) calendar days of being notified by the Promoter, it will automatically consist a winner’s waiver to obtain the prize. In this case, a winner has no right to demand a prize from the Promoter.
    2. The Promoter has a right to mention winner’s details (full name, winner’s nickname, avatar and account in Nimses ecosystem) in mass media in a list of winners in respect to a prize drawing.
  8. 8. Prize delivery
    1. The Promoter bears all expenses in respect to the delivery of a prize to a winner.
    2. The Promoter choses means of delivery of a prize at its sole discretion.
    3. A prize will be sent to a winner within 90 (ninety) days of getting all necessary information from a winner. The Promoter reserves the right to refuse to award a prize if any of the circumstances set out below in article 9 of these Procedures arise between the winner announcement and shipping of a prize.
  9. 9. Grounds for refusal
    1. The Promoter has the right to refuse to award a prize to a winner, if the Promoter reveals, that:
      1. at least one account among the accounts of users, whom a winner has brought to Nimses ecosystem, does not belong to a real person;
      2. a winner conducted fraud actions in order to violate or circumvent these Procedures;
      3. a winner is not in compliance with these Procedures;
      4. a winner did not fulfill these Procedures, inter alia, did not provide us with the documents or information necessary for prize awarding during five (5) working days from the moment of relevant request;
      5. winner violated Nimses Inc. terms of service.
  10. 10. Limitation of liability
    1. 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 provider 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 taking part in prize drawings;
    • user’s inability to take part in prize drawings due to a technical fault (technical malfunction, computer hardware or software failure, satellite, network or server failure, etc.);
    • taking up a prize by a winner;
    • user’s inability to take up a prize due to the reasons, which do not depend on the Promoter.
  11. 11. Taxation
    1. A winner is solely responsible for the declaration and paying of taxes, which may arise due to obtaining of a prize, a winner 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 fee and costs due to, arising out of or in any way connected with winner’s failure to execute all necessary tax deduction, withholding or reporting obligations.
  12. 12. Miscellaneous
    1. These terms and conditions are written in English. Provided any translated version of these terms and conditions conflicts with the English version, the English version controls.
    2. These terms and conditions 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 conditions 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.
    3. Promoter reserves a right to change these terms at any time and in its sole discretion. The current version of terms are available on https://nimses.com/en/.