1. ABOUT THE PROGRAM

The Archway pitch competition program (the “Competition”) is a discretionary initiative of Archway Services Ltd. (“Archway”, “we”, “us”) to encourage members of the Archway community to pitch their best ideas on how to leverage Archway’s protocol rewards model. We may, in our sole discretion, modify these terms and conditions (the “Terms”) at any time and modify, restrict, suspend, terminate, or otherwise change any aspect of the Competition. No fees are payable or purchase is necessary to participate in the Competition. There is no guarantee that the participant (“you” or the “Participant”) will earn a reward  (“the Prize”) by participating in the Competition. The Competition is provided “as-is”.

  1. ELIGIBILITY

The awarding of a Prize is subject to compliance with local laws, rules, and regulations. To be eligible to participate in the Competition, you must (a) be a citizen or resident of a country in which use or participation is permitted by law, decree, regulation, treaty, or administrative act; (b)  be citizen or resident of a jurisdiction which is not listed on the Exhibit A of Prohibited Jurisdictions; (c) be 18 years old or older; If you are at least 18 years old, but considered an underage in your place of residence, you must obtain consent from your parents or legal guardians prior to getting enrolled in the Competition.

  1. INTELLECTUAL PROPERTY AND OWNERSHIP

We retain all intellectual property rights in our products including, without limitation, all our source code and associated related binaries. Nothing herein shall grant you any right in any part of our products or services, or any improvement or derivative in any deliverable you provide us.

Participant Representations

By submitting a pitch idea to us (the “Submitted Material”), you represent and warrant that your Submitted Material is an original work of authorship and does not violate any applicable law or any third-party intellectual property rights. The Participant shall be deemed the sole owner of any Submitted Material presented to us. Notwithstanding the foregoing, you grant us a license to use your name, logo, trademark, and any concepts provided to us for the sole purpose of marketing and advertising the Competition during the term thereof. We will not have an obligation to utilize any item you provide us.

  1. PRIVACY

By participating in the Competition, you agree to Archway collecting and disclosing your personal information to our service providers for the purpose of managing your participation in the Competition, including verifying your identity as outlined further in these Terms. Any processing of your personal information will be made in accordance with the applicable law and Archway’s Privacy Policy available at https://archway.io/privacy.

You agree and consent to receive electronically all communications, agreements, documents, notices,and disclosures (collectively, “Communications”) that we provide in connection with your participation in the Competition.

Identity VerificationTo receive the Prize, you must provide us with your personal information to conduct a Know Your Customer process (“KYC”) to ensure the Eligibility requirements are met.  KYC information includes but is not limited to: W9 or W8-BEN forms, ID information, including your name, photo, email address, and your crypto wallet address.  Archway is committed to protecting and respecting your privacy. Any access and use of your personal information will be subject to applicable law and our Privacy Policy.

  1. INDEMNITY AND LIMITATION OF LIABILITY

Participant will be liable for and indemnify Archway, its subcontractors, and their respective directors, officers, and representatives (“Archway Indemnitees”) against any losses which Archway Indemnitees may incur that arise from Participant’s breach of these Terms, including losses arising from Participants’ negligence, willful misconduct and breach of law.

IN NO EVENT WILL ARCHWAY BE LIABLE TO YOU FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT ARCHWAY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE SET OUT UNDER THESE TERMS, OUR AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE COMPETITION SHALL NOT EXCEED THE LESSER OF THE TOTAL AMOUNT OF  A REWARD TO WHICH YOU MAY BE ENTITLED OR FIVE HUNDRED U.S. DOLLARS ($500 USD).

We may terminate your participation in the Competition if you violate any part of these Terms. Archway reserves the right to restrict or void participation from any identifiable source if any suspicious participation is detected or any violation of these Terms is suspected or detected. Archway reserves the right, in its sole discretion, to void the participation of any Participant who Archway believes has attempted to tamper with or impair the administration, security, fairness, or proper execution of the Competition. If Archway determines at any time, in its sole discretion, that a Participant is engaging in behavior that Archway deems obnoxious, deceptive, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Archway reserves the right to disqualify that Participant.

  1. GOVERNING LAW AND JURISDICTION

The Competition, these Terms, and any dispute arising under or related thereto (whether for breach of contract, tortious conduct, or otherwise) will be governed, construed, and interpreted under the laws of the British Virgin Islands (“BVI”).