ALEATORY COMBINATION TERMS AND CONDITIONS

VIP TICKETS FOR “EL CLÁSICO”

 

GOL-BALL GLOBAL S.L.U. (“us” or “GOL-BALL”) a company lawfully incorporated under the laws of Spain, identified with CIF B09676685 which allows its users (“you” or “the user”) to acquire digital collectibles of match scored balls from their favorite soccer/football teams and players. GOL-BALL converts each match scored ball into a digital collectible backed by block chain technology, in order for each user to acquire a certified collectible of match scored balls from their favorite soccer/football teams and players, through our platform.

 

Any users who participate in this Aleatory Combination must previously read and accept the agreement laid out within the following terms and conditions. We must clarify that any change to these, will be in effect since the “Latest date of update”.

 

1. Objective

The Aleatory Combination is intended to reward, intensify and maximize our relationship with golball.com users who pre order digital collectibles of game scored balls from LaLiga Santander 2022/2023 starting on February 13th, 2023, up until March 6th, 2023.

 

1.1. Rewards

3 VIP experiences will be awarded for the F.C. BARCELONA v.s. REAL MADRID C.F game which is to be played for La Liga Santander 2022/20223 on March 19th 2023. Each VIP experience will include:

1) Two (2) VIP tickets with hospitality.

2) Two (2) passes for private tours in the Spotify Camp Nou.

3) Two (2) Goodies Bags which may include the home team’s jersey, the home team’s scarf and a match day magazine.

 

2. Organizer

GOL-BALL GLOBAL S.L.U.

Headquarters: Madrid, Spain

Phone number: +34 644 711430

E-mail: partnership@gol-ball.com

 

3. Rules and Conditions for Participation

Participation for this A is open to any users who:

– Acquire possible digital collectibles of match scored balls from a particular team or match in their pre-sale stage through www.golball.com marketplace between February 13th and March 6th, 2023.

– The Aleatory Combination will take place on March 7th, 2023.

– THREE (3) winners will be chosen as well as TWO (2) substitutes for each winner, in case any main winner does not answer, does not accept or is unable to show up for the VIP experience, in which case, said prize will be assigned to each respective substitute.

– Each winner, be it a main winner or a substitute, will have 48 hours upon being notified to accept the VIP experience. In the event that a winner is located outside the Autonomous community of Catalunya, said winner must send GOL-BALL proof of purchase for the means of transportation to be used for arrival to the stadium on the match day during the afford mentioned 48 hour period. In case of non fulfillment, GOL-BALL will interpret this as forfeiture of the VIP experience and it will be assigned to the respective substitute.

– Gol-Ball will not deliver, organize, finance or pay any other concepts or expenditures which are not expressly and directly linked to the VIP experience subject to this Aleatory Combination.

– Each user can only win ONE (1) VIP experience.

 

4. Misuse, Abuse or Misrepresentation

Any access to or use of the services other than in accordance with the Terms and Conditions and instructions provided by us is strictly prohibited. In particular, the user may NOT:

• Perform any action with the use of internet bots, web bots, robots, bots, scripts, or any other form of artificial intelligence;

• Provide false information when using this website and/or application, including impersonating or misrepresenting any other person or organisation on your account;

• Accessing or attempting to access the platform through any web proxy server or other device designed to conceal your true location or identity;

• Use the website and/or application for any illegal activity, or for any purpose other than that for which it is made available, or engage in activities that interfere with or disrupt the operation of the Platform;

• Inserting, uploading or attaching malicious or unknown external links or files, content containing a virus, Trojan horse, worm, time bomb or other harmful computer code;

• Otherwise engage in any malicious or fraudulent activity.

 

5. Verification of Identity and Protection of Personal Data

GOL-BALL may verify your identity by comparing your personal information with third party databases or official legal documents if considered necessary. You authorise all necessary enquiries to be made to confirm your identity and the information you submit on the website and/or the application.

 

By registering and using the service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed or Designated National Country. The user accepts that GOL-BALL will store the information provided in the platform’s database, as well as declares that if necessary it may verify the veracity of the information provided by the user in different databases, in strict compliance with Spanish regulations.

 

The user at the time of registration accepts our Privacy Policy included on the website and/or the application, which governs what we will do with the personal information you provide. In addition, you may also be asked to provide or it may be necessary for us to collect other data in order for us to provide the appropriate services for the performance of the aleatory combination. However, we shall not be liable for any incident or failure in the provision of the services that is caused by delay or incorrect provision of the requested information.

 

The services referred to in these terms are not directed at children under the age of 18 and we do not knowingly collect personal information from children under the age of 18. If we learn that we have collected Personal Information from a child under the age of 18, we will take reasonable steps to delete such information from our files as soon as possible, unless we are legally required to retain it.

 

6. Date and Method of Prize Allocation

The Aleatory Combination will be made on March 7th, 2023, by any mechanism that allows a winner to be chosen randomly and transparently, including computer programs or software.

 

The winner of the prize must fully comply with the conditions set out in these Terms and Conditions. In the event that a user who does not comply with the conditions set out in these terms and conditions is selected as a prize winner for any reason, the prize will be assigned to the alternate winner on the list.

 

The Prize will be awarded to the winner on March 19th, 2023, or on any earlier date when the prize has already been assigned, the winner has accepted and the conditions for the assignment of the prize have been fulfilled.

– It is the winner’s responsibility to ensure that he/she accepts the prize.

– The Prize will not be exchanged for cash or any other type of prize. It is indivisible.

– Prizes that, for any reason, are rejected or cannot be delivered to the winner of the aleatory combination will remain the property of GOL-BALL, who will be free to dispose of them.

– If a winner cannot be contacted, or if the winner does not confirm acceptance of the Prize within 48 hours of notification, or is unable to use the Prize for any reason, GOL-BALL reserves the right to select an alternate winner and the original winner will lose his/her right to the Prize.

– The acceptance of the prize by the user includes the user’s permission for GOL-BALL to use the user’s image as part of the VIP experience for publicity purposes, at GOL-BALL’s sole discretion.

 

7. Violation of the Terms and Conditions

We may suspend, revoke or terminate your participation in the aleatory combination in the event that we believe that you have violated these Terms and Conditions; we believe that you have violated our rights or the rights of any third party; it becomes impossible for us to verify or authenticate the information you have provided to us.

 

In the event of suspension or termination of your account, you will cease to have access to any part of the Website and/or App, thereby prejudicing your participation in the physical ball aleatory combination. In the event of a violation of these terms, you may NOT continue to use our website and/or app or participate in the aleatory combination with a different or new account name until the investigation resulting from the suspension or termination of your account is resolved. Violations of these terms of service may result in additional sanctions and penalties in accordance with the law.

 

8. Disclaimer of Warranty

The services are provided within the platform in accordance with applicable law, GOL-BALL disclaims all express or implied conditions, representations and warranties, including, but not limited to, warranties of merchantability, return, and fit for a particular purpose. Your sole and exclusive remedy against GOL-BALL with respect to any defect, non-function or dissatisfaction is to notify us primarily by stating your reasons for making the claim or discontinuing use of the services.

 

We shall have no liability for any damage to your computer system, loss or corruption of data, or other damage resulting from your access to and use of the aleatory combination. Please note that the platform is not immune from scheduled and unscheduled outages and we do not guarantee the uninterrupted availability of our site.

 

9. Limitation of Liability

In no event will we be liable for any special, consequential, incidental, incidental, indirect, installation and removal costs or damages, or loss of data.

You agree that for any dispute arising in connection with the service provided, you will first notify GOL-BALL of your claim against it. The user and GOL-BALL will then attempt to resolve the matter through direct negotiation or mediation. If a claim remains unresolved after informal negotiations, you and GOL-BALL agree to final and binding arbitration to resolve the dispute.

 

10. Arbitration Procedure

All arbitrations under this agreement shall be conducted under the rules of the Spanish Court of Arbitration or by a mutually agreed upon arbitration service. The arbitrator shall be a Spanish arbitrator selected from a list of not less than seven (7) names. In the arbitration, each party shall have the right to conduct appropriate discovery, to file dispositive motions, and to present witnesses and evidence as necessary to present its case and defenses, and any dispute in this regard shall be resolved by the arbitrator. The resolution of the dispute shall be based solely on the law governing the claims and defenses asserted, and the arbitrator may not invoke any basis other than such controlling law. The arbitrator shall enjoy the immunity of a judicial officer from civil liability when acting as arbitrator, which immunity complements any other existing immunity. Awards must include the arbitrator’s written reasoned opinion. You waive your right to a jury trial on any claim you may have against GOL-BALL or that GOL-BALL may have against you. Any claim under this clause must be brought within the applicable statute of limitations period. Spanish Arbitration Law 60/2003 of December 23 governs this clause, and you acknowledge that this Agreement evidences a transaction in commerce.

 

Place of arbitration

Any arbitration proceeding under this section shall take place by default in the city of Madrid, unless you reside outside of Spain, in which case the arbitration shall be conducted entirely by electronic or telephonic means. The arbitration may take place at any other location if agreed to in writing by all parties. Regardless of location, either party may choose to appear at the arbitration via live video or teleconference.

 

Costs and Fees

Each party shall bear its own costs of legal representation in such arbitration, except to the extent attorneys’ fees are explicitly provided for by law. The parties shall share the initial administrative fees charged by the arbitrator.

 

11. Applicable Law

You are solely responsible for complying with state laws in connection with your use of the website and/or app. You agree to indemnify us and hold us harmless from any claim against us for breach of law or infringement of third party rights.

 

The laws of the State of Spain govern these Terms and Conditions and any controversy, dispute or claim arising out of them.

 

12. Notices and Notifications

All notices related to these Terms and Conditions will be sent by email or posted on our website and/or app. Notices, complaints, requests or suggestions should be sent to us by email (legal@gol-ball.com) and are deemed to be received on the business day following transmission.

 

13. Voluntary Agreement

The parties to these Terms and Conditions represent and agree that each of them has reviewed all aspects of this agreement, has carefully read and fully understands all of its provisions, and is voluntarily entering into this agreement. You waive and release the parent company, subsidiaries, affiliates and their constituents from any claims resulting from any action taken by us in connection with any investigation by us or by law enforcement authorities.

 

You may not transfer or delegate these terms, your rights or obligations hereunder in any way, by operation of law or otherwise.

 

If you do not agree to all of the Terms and Conditions, you may not participate in the aleatory combination, and we will not be liable for any inconvenience arising.

 

If you have any questions regarding the Terms and Conditions set out above, please contact us at legal@gol-ball.com. .