Promotional prize drawing Terms and Conditions

These promotional prize drawing terms and conditions (“Terms”) set out rules according to which a user who ordered one of Nimses’ Pilot Services may take part in prize drawings organized by Nimses.

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

If there is any reason to believe that there has been a breach of these Terms or Nimses terms of service (https://nimses.com/en/terms/), the Promoter reserves 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. The Promoter may retain third parties in order to carry out prize drawings under these Terms.

  2. 2. Pilot Services

    Nimses offers new Pilot Services that allow a user to create an unlimited number of different posts during certain amount of hours, where one post will take 2 nims instead of ordinary 50 or 100 nims (“the Pilot Service/the Pilot Services”).

    Pilot Services are activated automatically upon their order. Pilot Services are provided «as is». All details concerning Pilot Services are described in Nimses application.

    Nimses does not give any refunds in respect to the Pilot Services.
    Consumption of the Pilot Services cannot be frozen or postponed.

  3. 3. Who can participate
    1. Prize drawings are open to all users of Nimses application from Ukraine, Poland, Russian Federation, Belarus, Kazakhstan aged 13 years or over, who have indicated their sex, date of birth and avatar, and comply with Nimses terms of service and 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. 4. How to enter
    1. No payment is required in order to enter or to win in a prize drawing. In order to enter a prize drawing you have to order at least 1 (one) item of any Pilot Service on Nimses. As soon as you confirm your willingness to order and to consume the Pilot Service and the relevant amount of nims is withdrawn, you automatically become a participant in a prize drawing on the day of the order.
    2. The Promoter reserves the right to change the minimum number of Pilot Service orders necessary for the participation in a prize drawing at any time.

    3. Your daily chances to win a prize on a certain day will increase proportionately with a growth of your orders. For the illustration of this rule, please see the examples below.
    4. Entries on behalf of another person are not allowed.
  5. 5. Mechanics of the prize drawing
    1. A winner will be selected at random by an automated draw.
    2. A winner will be notified by a push-notification and via a message in Nimses application 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, but not obliged, to select another winner in accordance with the process described above.
    3. 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 3 hereof). These documents shall be provided to the Promoter in due copies within five (5) business days since the moment of request.
    4. Promoter’s decision regarding any aspect of prize drawings is final and binding and no correspondence will be entered into about it.
  6. 6. The duration of time period during which prize drawings will be performed is not defined.

    Prize drawings will run during some period of time defined by the Promoter at its sole discretion. A timer on Nimses Goods defines the duration of the exact prize drawing concerning the relevant prize. The Promoter carries out prize drawings until the desired number of new Nimses users is reached. The Promoter may suspend prize drawings at any time at its sole discretion.

  7. 7. A prize

    The prize varies. The specific prize, which is being drawn on the specified day, shall be indicated on Nimses Goods by a relevant marker, for example, “Draw”, “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. All claims shall be addressed directly to the relevant manufactures.

  8. 8. Privacy issues
    1. 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 a winner. The list of necessary information and documents will be sent to a winner. If a winner does not provide the Promoter with necessary information and documents during 40 (forty) calendar 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.
    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 prize drawing winners.
  9. 9. Prize delivery
    1. The Promoter bears all expenses in respect to the delivery of a prize to a winner, unless otherwise is set by these Terms.
    2. The Promoter chooses 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. If any of the circumstances set out in article 10 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.
    4. 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.
    5. 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.
    6. 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) days following a prize is returned back to the Promoter. Otherwise, a winner has no right to demand a prize from the Promoter.
  10. 10. Grounds for refusal
    1. 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:
      1. a winner conducted fraudulent actions in order to violate or circumvent these Terms;
      2. a winner did not meet the participation requirements of these Terms;
      3. a winner did not fulfill these Terms, inter alia, did not provide the Promoter with the documents or information necessary for prize awarding during five (5) working days since the moment of the relevant request;
      4. a winner violated Nimses terms of service.
  11. 11. 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 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.
    2. 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.
  12. 12. Taxation
    1. 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.
    2. 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.
  13. 13. Miscellaneous
    1. These Terms are written in English. Provided any translated version of these Terms conflicts with the English version, the English version controls.
    2. All terms used in these Terms shall be understood as they are described in Nimses terms of service.
    3. 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.
    4. 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/.
    5. Prize drawing carried out under these Terms under no circumstances shall be treated as a lottery or a gambling.