SVD CKC™ NFT Raffle Terms and Conditions

1. Promoter

The entity PROUDLACES, SL, with registered office in the city of Barcelona, Calle Maracaibo 5, 08030, Tax ID B65386963, owner of the trademark SIVASDESCALZO (hereinafter, “SVD”), is the promoter of the draw called “SVD CKC™ NFT” (hereinafter, the “Raffle”), which will be governed by these Terms and Conditions (hereinafter, the “Ts & Cs”).

2. What Prize Does the Raffle Award?

The Raffle will grant the winners, under these Ts & Cs, the right to acquire a Non-Fungible Token (NFT) from among those displayed on the SVD website (hereinafter, the “Prize”).
The number of NFTs that this Raffle makes available for purchase is nine hundred and eighty (980).
SVD is the creator and rightful owner of the SVD CKC™ NFTs to be sold. These NFTs have the corresponding digital certification based on blockchain technology, making them unique, indivisible, transmissible and capable of interoperating on digital platforms.

3. Purpose of the Raffle

The purpose of the Raffle is to promote the brand SVD CKC™, to put the NFTs on sale, to offer new experiences to their owners and also allow them to enjoy the advantages established by SVD.

4. Raffle Participation Requirements and Obligations

The Raffle is open to all individuals over the age of eighteen (hereinafter, the “Participant”), from any country or territory, who complete the registration process, fill in the information on the entry form and accept these Ts & Cs.
Both registration and participation in the Raffle are free of charge and they will be made for the NFT the Participant is interested in purchasing.
After the Participant has completed the registration process, SVD will confirm that this registration process has been successfully completed via a message on the product page of the NFT for which the Participant has registered.
Once the data has been entered by the Participant, it cannot be changed or modified. To avoid errors, before validating the registration process, we recommend that you carefully read the sections in which you must enter the data required for the participation in the Raffle. Each Participant agrees and undertakes to comply with the following additional requirements:
  • The Participant must have successfully registered for the NFT Raffe in which he/she is interested by filling in all required fields of the entry form.
  • Only one email account will be allowed per registration.
  • The Participant undertakes to provide truthful information regarding his/her identity and other information provided in the registration form.
  • The Prize shall not entitle the Participant to any change, alteration or compensation whatsoever.
  • The winning Participant may waive or abandon the Prize, which will be awarded to another Participant, but such waiver or abandonment shall not entitle the Participant to claim any compensation or indemnification.
  • The Prize obtained by a Participant is non-transferable.
  • The Participant who wins a Prize must purchase the NFT in the manner set forth in these Ts & Cs.

5. Deadline for Registration

The Participant will be able to complete the Raffle entry process before the deadline specifically indicated for each NFT and whose information will be available on the SVD website. After the deadline to register for the purchase of a specific NFT has passed, all registrations to participate in the purchase of that NFT will be closed and the system will not admit any new Participant.

6. Raffle mechanics and winners selection

The Raffle will be conducted among all duly registered Participants for each NFT. Therefore, the chances of winning the Raffle will depend on the number of registered Participants.
The selection of the Raffle winners is random, based on the use of specialized software.
The Raffle mechanics will consist of the selection of ten (10) numbers per NFT, which will be obtained randomly among all the existing participation numbers in our databases and that comply with all the conditions of these Ts & Cs. Each of the ten winning numbers will have an order of preference from 1 to 10 to opt for the purchase of the NFT, giving preference to number 1 and so on in the event that the winning Participant does not make use of the Prize within the term indicated in these Ts & Cs.

7. Information About the Prize and Requirements for Their Use

To each and every Participant who wins a Prize, SVD will send an email informing him/her that he/she has won the Prize.
SVD will not publish on its website or in its social networks the names or personal data of the Participants who have been awarded a Prize, so that the winning Participant will receive an email from the email account of SVD informing him/her of the winning of the Prize. This email will contain a link to direct the winning Participant to the SVD website window to purchase the NFT within twenty-four (24) hours after the informational email is sent. In the event that the winning Participant does not make the purchase within the indicated term, SVD will consider that he/she renounces or desists to make use of the Prize, and the option to purchase an NFT will expire. SVD declines all responsibility in case the Participant, for any reason, does not make use of the Prize.
Once a Participant does not make use of the Prize in accordance with the provisions of these Ts & Cs, SVD will assign the Prize to the first available number of the waiting list and so on until the sale of the NFT units is completed.

8. Infringements

If anomalies and irregularities are detected or there are suspicions that any Participant is in breach of these Raffle Ts & Cs or performs any act that may alter the normal operation of the Raffle, harm another Participant, SVD or any third party, SVD reserves the right to exclude the offending Participant from the Raffle, all without prejudice to the legal measures it deems appropriate to carry out.
In the event that the anomaly or irregularity is of such a degree that the neutrality and independence of the Raffle cannot be guaranteed, SVD reserves the right to cancel the Raffle, declining all liability for the exercise of this right.

9. Exclusion of Liability

Without prejudice to other exonerations included in these Ts & Cs, SVD is also exonerated from any liability that may arise from any circumstance attributable to third parties that may affect the development of the mechanics of the Raffle and, in particular, the information and delivery of the Prizes.
Furthermore, SVD shall in no event be liable for any damages, of any nature, direct, indirect, which may appear, at any time, on the occasion or as a result of the use and enjoyment of the Prize.

TERMS AND CONDITIONS FOR USING THE PRIZE AND MAKING A TRANSACTION

The Terms and Conditions of the Transaction and their acceptance also implies the acceptance of the general Ts & Cs. Please read the following information carefully.

10. NFT Purchase Process

Once the Raffle has taken place, the Participant may make use of the Prize and agrees to comply with the following Terms and Conditions for the purchase of the NFT:
The Participant making use of the Prize (hereinafter, the “Purchaser”), shall carry out the NFT purchase process through the MetaMask platform and the transaction shall be carried out in the Ether cryptocurrency, in accordance with the informed valuation reported for each NFT and which is available on the SVD website by accessing this link (hereinafter, the “Transaction”). Therefore, the Purchaser needs to have the application and tools that allow him/her to carry out the Transaction, such as electronic devices, register on the MetaMask platform, comply with the Ts & Cs that may be required by said platform, have a digital wallet or e-wallet, as well as any other element or tool necessary to carry out the Transaction, so that the transfer of ownership of the NFT can be made in his/her favor.
The NFT Transaction shall be carried out only in the Ether cryptocurrency. The Purchaser commits to transfer the amount established to purchase the corresponding NFT in favor of SVD and to the indicated wallet address. Once SVD has verified that it has received the amount corresponding to the Transaction in its wallet, it will proceed to transfer the NFT to the Purchaser by means of digital certification based on blockchain technology.
SVD does not own and does not establish, manage or administer the conditions, system, and technology that support the Transaction, and therefore declines any responsibility inherent to a failure or risk in the Transaction process. You can learn more about this type of transaction by accessing the MetaMask platform on its website, https://metamask.io.
Indirect taxes, if any, levied on the Transaction, are already included in the purchase price of the NFT.
All Participants are advised that the Purchaser may be charged certain additional fees or expenses to complete a Transaction. Such commissions or additional expenses are beyond SVD's control, so we suggest you access and consult the terms and conditions established in the MetaMask platform before making a Transaction. SVD will only obtain the amount in cryptocurrency listed on its website in respect of each NFT.

11. Copyright Notice

The Transaction shall only confer to the Purchaser the ownership of the purchased NFT and its digital certification of authenticity through blockchain technology, but in no case shall it grant to the Purchaser of the NFT any additional right to create and/or register a trademark or other industrial or analogous property right that allows it to reproduce, distribute and/or communicate other NFT derived from or arising from the one that is the subject of the Transaction, since SVD is the owner, among others, of the trademarks SIVASDESCALZO SVD and SVD COOL KIDS CLUB™ and SVD CKC™. The Purchaser, solely and exclusively, may use, dispose of and carry out transactions with the purchased NFT, which is singular, unique and non-fungible, being totally prohibited to carry out activities, businesses and legal acts that reproduce, distribute and/or communicate by any means, format or system, known or that the technique may develop, with respect to the NFT object of the Transaction. For these purposes, and by way of example only, the Purchaser shall be prohibited from performing any act that involves reproducing, distributing and/or publicly communicating with respect to the NFT object of the Transaction any type of series, copies, replicas, designs or any other operation that may involve unfair competition or risk of confusion in the market with the trademarks owned by SVD.
In the event that, after the Raffle is held or in the event that the Raffle is not held and there are NFTs left over for sale, SVD shall be entitled to sell them through any of the channels and under such Ts & Cs as it may deem fit to use and establish.

12. Data Protection

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation) and Organic Law 3/2018 of December 5 on the Protection of Personal Data and Guarantee of Digital Rights, any Participant who completes the registration form gives express consent to the processing of the personal data he/she communicates in said form. In addition, the following information is provided:

Data Controller:

PROUDLACES, SL, with registered office in the city of Barcelona, calle Maracaibo number 5, Postal Code 08030.

Purpose:

1. Participation in the Raffle, to certify compliance with the requirements of participation, communication, and management of the Prize delivery.

2. To perform a Transaction.

3. To prove your identity, detect fraud and abuse, as well as to protect the services provided by SVD.

Personal Data:

First name, last name, date of birth, country of residence, email address, transaction history, wallet address.

Legal Grounds:

1.Consent of the interested party.

2. Legitimate interest in the conduct, execution, monitoring, and fulfillment of the Raffle and in carrying out a Transaction.

3. Fulfillment of a legal obligation: in the event of a Transaction, we need to process your data to issue an invoice and to comply with the legal regulations applicable to commercial and financial transactions.

Recipients:

SVD does not trade or sell personal data to third parties.

For internal organizational reasons and in order to offer a better service and guarantee security in data processing, international suppliers may be used, but always on the basis of selecting those that provide adequate technical and organizational guarantees to maintain the security and confidentiality of the information, and have proceeded to sign standard contractual clauses approved by the European Commission.
In order to comply with the execution of the Ts & Cs and of a Transaction, we inform you that we may have to communicate the data to certain persons or organizations, such as tax authorities, judicial authorities and State law enforcement agencies.

Source:

The data is obtained from the information provided by each Participant.

Rights:

The concerned Participant may exercise the rights of access, rectification, portability and, in certain cases, deletion, limitation, and opposition to treatment, by writing a mail to the address indicated in these Ts & Cs. Likewise, the interested parties will have the right to file a complaint before the corresponding supervisory authority (Spanish Data Protection Agency - AEPD).

Additional information:

You can consult additional and detailed information about SVD's Data Protection at the following link

13. Acceptance of the Terms and Conditions and Modifications

Entry into the Raffles implies full acceptance of the Ts & Cs and any amendments thereto. SVD, due to unforeseen circumstances and force majeure, reserves the right to make any changes, suspend, shorten or extend this Raffle, and commits to provide due information of the modifications through the website sivasdescalzo.com

14. Applicable Law and Jurisdiction

These Ts &Cs and all other matters related to the Raffle shall be regulated by the Spanish civil law.
For any dispute that may arise from the interpretation, application, and execution of these Ts & Cs and other issues inherent or annexed to the Raffles, both SVD and any Participant expressly submit to the jurisdiction of the Courts of Law of the city of Barcelona.

15. Prevalence of the Spanish Version

In the event that this website includes these Ts & Cs in different languages, in case of discrepancy, the Spanish version shall prevail.