Terms & Conditions
“WHAT IS OKX” GIVEAWAY OFFICIAL RULES
Updated: 22 October 2022
NO PURCHASE IS NECESSARY. TRANSACTIONS, PURCHASES, OR PAYMENTS OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF CLAIMING A PRIZE. PARTICIPATION IS LIMITED TO LEGAL RESIDENTS IN NON-PROHIBITED JURISDICTIONS. THIS PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
THIS PROMOTION SHALL BE EXCLUSIVELY GOVERNED BY THE LAWS OF ENGLAND AND WALES.
1.1 Entrant Eligibility. The “What is OKX?” Giveaway (“Promotion”) is only open to legal entities or residents of jurisdictions through which OKX ("Sponsor”) may offer its services, who, for natural persons, are at least 18 years of age or older, and the legal age of majority in their respective jurisdiction of residence and any other requirements as applicable (each an “Entrant”). Any and all Entrants must comply with these Official Rules and all relevant applicable service terms, user terms, announcements and other operational rules (“User Agreements”) as amended and restated by Sponsor from time to time and meet these Eligibility conditions. Determination of compliance shall be at the sole discretion of Sponsor.
1.2 Non-Eligible Parties. Sponsor, its parent, affiliates, subsidiaries, promotional agencies, sales representatives, and each of their respective directors, officers, employees, and assigns are not eligible to enter the Promotion or claim a prize. This also includes any respective immediate family members and/or those living in the same household each (whether related or not). For purposes of this Promotion, a “family member” includes any spouse, partner, parent or step-parent, legal guardian, in-law, grandparent, children or step-children, siblings or step-siblings, and grandchildren.
1.3 Additional Eligibility Criteria and Change of Rules. Please note that additional rules and eligibility criteria may be announced by Sponsor through its site and other channels, such as Sponsor’s Twitter or social media webpage(s). Sponsor reserves the right to change the terms of this Promotion at any time at its sole discretion. Furthermore, Sponsor reserves the right to disqualify any Entrants at its sole discretion, including without limitation, any Entrant who may be acting in an illegal, immoral, dishonest, deceptive or fraudulent manner, or any search traffic generated by bots, meta-spiders, macro programs, or any other automated means.
1.4 Legal and Regulatory Restrictions. This Promotion is subject to any and all applicable laws and regulations, and is void in any territory and to any extent, where prohibited or restricted by law.
- How to Enter
Without limiting the foregoing, in order to be eligible to claim a prize, an Entrant must complete the procedures set forth in the Promotion-related announcements and other User Agreements, including but not limited to, the following:
- Access the link to the Promotion from Google webpage;
- Complete and submit the required information for entering the Promotion, namely, your first name, email address, and Twitter user-name; and
- Create and/or have an account (which passed Know Your Client procedure) at Sponsor’s platform.
2.2 Limitations on Entry. Regardless of how an Entrant applies for Promotion entry, there is a limit of one (1) entry per entity or person throughout the Promotion Period. Any entry(-ies) received from any entity or person in another account, or who attempts to create an additional account, during the Promotion Period will be disqualified. Any Entrant’s attempt to obtain more than the stated number of entries by using multiple and/or different email addresses or any other method will void all of that Entrant’s entries, and that Entrant may be disqualified. Use of any automated system or bots to participate is prohibited and will also result in disqualification. If a dispute over the identity of an Entrant arises, the entry will be declared to be made by the authorized account holder of the email address associated with the Entrant’s Sponsor account (“Entrant’s Email Address”). An Entrant may be required to provide sufficient identification to show that it is the authorized account holder of the Entrant’s Email Address. For purposes of this section, the “authorized account holder” is the natural person or entity assigned to the applicable email account. Proof of submission of an entry does not constitute proof of delivery.
Subject to section 1.3, all eligible Entrants shall be entitled to claim prizes comprising of digital assets in the form of bitcoins (BTC) or Non-fungible tokens (NFT) in a total value of approximately $100,000 US dollars valued at the time when distribution of prizes shall be made for this Promotion. The Sponsor has its sole discretion to decide on how the prizes shall be allotted to the eligible Entrants.
3.2 Prize Valuation and Determination. All prize values stated herein are in US dollars. Prizes will be fulfilled through a deposit or upload of the relevant digital asset to the eligible Entrant’s account on Sponsor’s platform. Restrictions may apply. Fees may apply when you buy, sell or transfer a digital asset on the Sponsor’s platform. Finally, the value of the digital asset is determined by Sponsor’s set rate on a specific date and time that Sponsor will select at its sole discretion before depositing or uploading the prize to an eligible Entrant’s account on the Sponsor’s platform.
RISK DISCLOSURE: THE VALUE OF DIGITAL ASSETS ARE SUBJECT TO POTENTIAL EXTREME CHANGE AND VOLATILITY, AND THERE IS SIGNIFICANT RISK THAT A DIGITAL ASSET CAN LOSE ITS VALUE (INCLUDING ALL OF ITS VALUE). YOU COULD SUFFER FINANCIAL LOSS AS A RESULT OF TRADING THE DIGITAL ASSET.
- Promotion Period
4.1 Promotion Period. The Promotion begins on 22 October 2022 at 0:00 (UTC+8) and ends on 30 November 2022 at 23:59 (UTC+8) (“Promotion Period”). Sponsor’s computer systems or Sponsor’s designated system is the official time-keeping device for the Promotion.
- Prize Distribution
5.1 Prize Distribution. Subject to section 1.3, all eligible Entrants shall be able to claim a digital asset allotted by the Sponsor at the end of the Promotion.
5.2 Sponsor’s Confirmation is Final and Binding. Sponsor’s confirmation of the eligibility of an Entrant and allotment of prizes shall be final and binding. The Sponsor reserves the rights to confirm the eligibility of an Entrant and the relevant prize allotment for this Promotion at its sole discretion.
- Notification and Claiming Prizes
6.1 Notification. Eligible Entrants will be notified via their Entrant Email Address by a Sponsor representative with instructions on how to claim their prizes after the expiry of Promotion Period. Furthermore, the Entrants will be required to respond to this email within forty-eight (48) hours of the date and time the email was sent by Sponsor.
6.2 Claim Requirements. Eligible Entrants who wish to claim their prizes are required to complete and return a Certificate of Eligibility, Release of Liability, and any other documents or actions required to validate their eligibility (the “Required Documents”) within five (5) calendar days of the first attempted delivery of the Required Documents from Sponsor to the eligible Entrants. The five (5) calendar days include Saturdays, Sundays, and holidays. If an eligible Entrant cannot be contacted, fails to respond to the email within the allotted time, refuses the prize, fails or refuses to timely return completed the Required Documents, or if a prize and/or prize notification is returned as undeliverable, the eligible Entrant will be disqualified without further notice.
6.3 Prize Fulfillment. Sponsor will use commercially reasonable efforts to fulfil the prize approximately within 4-8 weeks from verification of the eligible Entrants and their full compliance with the necessary requirements. Sponsor is not liable for undelivered emails resulting from any form of active or passive email filtering by Entrant’s account or insufficient space in an Entrant’s account for receiving emails. Instances including these will be considered prize forfeiture, and no compensation shall be given, and Sponsor will have no obligations to that Entrant.
6.4 No Transfer or Substitution. The prize is not transferrable and no substitutions will be made except as provided in these Rules and at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize becomes unavailable for any reason. The prize consists of only the items specifically listed and described as part of the prize. In no event will more than the stated number of prizes be awarded.
6.5 Undeliverable Prizes. Prize details not specifically stated in these Rules will be determined at Sponsor’s sole discretion. Sponsor is not responsible for and will not replace any lost, damages, or stolen prize(s) or components of a prize, or any prize that is undeliverable.
6.6 Additional Legal or Regulatory Restrictions. By participating as an Entrant in this Promotion, each Entrant acknowledges that Sponsor may be subject to various legal and regulatory economic restrictions and trade sanctions, and thus, Sponsor reserves the right to deny the distribution of any prize when required by applicable laws and regulations in any applicable jurisdictions. Entrants waive the right to assert any costs associated with claiming or seeking to claim, or using a prize.
- Tax Concerns
7.1 Entrants Are Responsible for Respective Prize Taxes. Each Entrant agrees that if they shall claim the prizes from this Promotion, they are solely responsible for reporting and paying any and all applicable taxes and expenses related to the prize(s). This includes being subject to Sponsor’s onboarding verification process as well as providing any requested tax reporting information prior to the prize being awarded, including name, date of birth, address, phone numbers, taxpayer identification number; etc. If there are any changes to the Entrant’s information, including address, the Entrant is required to notify the Sponsor for tax reporting purposes. The Entrant is solely responsible for any tax liabilities or other issues that may arise as a result of their non-conformance to notifying the Sponsor of your information changes. Please note that the value of any prize awarded may be reported for tax purposes as required by law. Sponsor does not provide any investment, legal, tax or financial advice to any Entrant, and Entrants should conduct their own due diligence and consult their legal, financial and tax advisors prior to accepting and/or using any Prize.
- Representations and Warranties
8.1 Sponsor’s Right to Seek Damages. ANY ATTEMPT BY ANY INDIVIDUAL, ENTITY AND/OR ENTRANT TO DELIBERATELY UNDERMINE THE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND IF AN ATTEMPT IS MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL, ENTITY AND/OR ENTRANT TO THE FULLEST EXTENT OF THE LAW.
8.2 No Warranties. Sponsor does not make any warranties regarding the following:
- Sponsor’s Promotion and Promotion-related services and materials will satisfy Entrants’ needs;
- Sponsor’s Promotion and Promotion-related services and materials will be uninterrupted or without any faults, provided in a timely manner, or free from errors;
- Any products, services, information, or other materials purchased or obtained by Entrants through Sponsor’s Promotion and Promotion-related services and materials will meet Entrants’ expectations;
- All information, programs, texts, data, information, and other materials contained in Sponsor’s Promotion and Promotion-related services are completely safe and free from interference and/or damage by any malicious programs such as but not limited to viruses and Trojan horses;
- All calculations for Promotion prizes are determined by Sponsor at its sole discretion, and the corresponding calculation methods have been stated in these Rules, but Sponsor makes no warranties that its calculations will be free from errors or interference.
- Disclaimers and Limitations of Liability
9.1 Release from Liability. To the maximum extent permitted by law, Entrants shall release Sponsor and its agents, employees, officers, directors, affiliates, subsidiaries, and successors, and hold them harmless from and against any and all claims or causes of action or liability, including but not limited to, personal injury, death, or damage to or loss of property, as well as claims based on publicity rights, defamation, and/or invasion of privacy, arising out of or in connection with participation in the Promotion, or acceptance, receipt, and/or use or misuse of any prize. Entrants furthermore agree to be bound by these Rules and the decisions of the Sponsor, which are final. Acceptance of a prize constitutes permission for the Sponsor, its agents and affiliates to use Entrant’s name, contact information, Twitter account information and/or hometown for advertising and trading purposes without any compensation, in any media worldwide unless prohibited by law.
9.2 LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY LIABILITY NOT EXPRESSLY PROVIDED HEREIN SHALL BE DISCLAIMED BY SPONSOR. EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL SPONSOR, ITS DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROMOTION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY ENTRANT ON ANY INFORMATION OBTAINED FROM SPONSOR, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE IN PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS, FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SPONSOR’S DOCUMENTATION, RECORDS, OR SERVICES. SPONSOR, ITS DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS SHALL BE LIMITED IN THEIR LIABILITY, WHETHER INDIVIDUALLY OR ON A COLLECTIVE BASIS, TO TEN U.S. DOLLARS ($10 USD).
9.3 No Liability for Failure to Claim. Sponsor and its agents, employees, officers, directors, affiliates, subsidiaries, and successors shall have no responsibility for inability or failure of Entrants to participate, failure to obtain or claim any prizes offered in the Promotion based on malfunction or difficulties with internet access, or any other circumstances beyond Sponsor’s control.
- Governing Law and Dispute Resolution
10.1 Governing Law. Entrants agree that in order to participate in the Promotion, any and all claims, disputes, and causes of action of any kind or nature arising out of or relating to the Promotion, directly or indirectly, shall be governed by and construed in accordance with the laws of England and Wales without regard to any principles of conflicts of law.
10.2 Arbitration. Entrants further acknowledge and agree that in the event of any dispute, controversy, difference, or claim, including the existence, validity, interpretation, performance, breach or termination of these Rules or any dispute arising out of or relating to the Promotion or these Rules (“Dispute”), the parties shall refer the Dispute to proceedings at the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with HKIAC’s Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). The seat of arbitration shall be Hong Kong. The number of arbitrators shall be three (3). Sponsor shall appoint one (1) arbitrator and Entrant may appoint one (1) arbitrator. The third arbitrator shall be appointed by the HKIAC Chairman. Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The arbitration proceedings shall be conducted in English.
10.3 Limited Discovery. Entrants agree that Sponsor shall not be required to give general discovery of documents, but may be required to only produce, specific, identified documents which are relevant and material to the outcome of the Dispute.
10.4 Final and Binding Nature. Any arbitral award shall be final and binding upon the parties and shall be enforceable in any competent court which has jurisdiction.
10.5 No Class Action or Litigation. Entrants agree to resolve any and all disputes with Sponsor on an individual basis through arbitration instead of as part of any class action or representative litigation.
- Social Network Disclaimer
12.1 Social Media Account. Please note that a Twitter account shall be required to enter the Promotion. If you don’t already have a Twitter account, please visit www.twitter.com in order to create one.
12.2 No Relation to Social Media Platform. This Promotion is not sponsored, endorsed, associated with, or administered by Twitter.
12.3 Required Information. All Entrants understand and agree that they provide their information to the Sponsor and not Twitter.
12.4 Adherence to Social Media’s Terms and Conditions. By participating via the Twitter platform, Entrants also agree to adhere to Twitter’s terms and conditions.
13.1 Full and Entire Understanding. All relevant terms and conditions, User Agreements, policies, rules and announcements (as modified, supplemented and restated from time to time) that are published on Sponsor’s site constitute the full and entire understanding and agreement between the Entrants and Sponsor regarding this Promotion.
13.2 New Notices, Announcements, and Updates. Sponsor may post further announcements with more details on this Promotion from time to time at its sole discretion as it deems appropriate. Please closely read and review these notices, announcements and updates relating to or about this Promotion in order to be eligible to claim the prize offered in the Promotion.
13.3 Right to Change or Modify. Sponsor reserves the right to change or modify the Rules set out in the relevant announcements in connection with this Promotion published by Sponsor at any time, at its sole discretion, and will provide notice of such changes by posting the revised announcements on the site. Your continued participation of this Promotion after having been notified of these changes constitute your acceptance of relevant announcements.
13.4 Final Decision and Interpretation. Sponsor reserves the right of the final decision to interpret the applicable rules and policies in connection with this Promotion and to determine all matters relating to this Promotion. Sponsor reserves the right to amend the Rules of this Promotion at any time at its sole discretion.