Promotional Terms and Conditions

Last Revised on January 25, 2023

These Promotional Terms and Conditions (“Promotion Terms”) apply to all promotions (each, a “Promotion”) offered by ATMTA, Inc. (“ATMTA”). Each Promotion may have additional terms and conditions or rules (“Rules”) that will be provided with the Promotion’s details. These Promotion Terms and the applicable Rules for each Promotion will govern such Promotion and your participation therein. In the event of a conflict between these Promotion Terms and the applicable Rules, the terms of the applicable Rules will govern to the extent of such conflict. Please read these Promotion Terms and the applicable Promotion’s Rules carefully before you participate in a Promotion. By participating in a Promotion, you represent and agree to be bound by these Promotion Terms, the applicable Rules, and the Star Atlas Terms of Service (“Terms of Service”) and Privacy Policy (“Privacy Policy”). All Promotions are subject to all applicable laws and regulations and are void where prohibited by law.

TABLE OF CONTENTS

1. NO PURCHASE NECESSARY
2. ELIGIBILITY
3. PROMOTION RULES
4. PROMOTION ADMINISTRATION
5. PRIVACY
6. RELEASE
7. ASSIGNMENT OF RIGHTS
8. TAXES
9. ARBITRATION AND CHOICE OF LAW

1. NO PURCHASE NECESSARY

No purchase is necessary to enter or win a Promotion.

2. ELIGIBILITY

To be eligible to participate in a Promotion, at the time and date of entry and during the entire length of such Promotion:

• You must have a Solana wallet address;

• You must be of legal age in the jurisdiction in which you reside and you must have the legal capacity to enter into these Promotion Terms and the applicable Rules and be bound by the foregoing (void where prohibited);

• You must not be an employee or contractor of ATMTA, its affiliates, subsidiaries, and agencies; or a member of such employee’s or contractor’s immediate family or living in the same household;

• You must not be a resident, citizen or agent of, or incorporated in, and do not have a registered office in Iran, Cuba, North Korea, Syria, Myanmar (Burma), the regions of Crimea, Donetsk or Luhansk, or any other country or region that is the subject of comprehensive country-wide or region-wide economic sanctions by the United States (collectively, “Restricted Territories”);

• You are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) (collectively, “Sanctioned Person”);

• You must not intend to transact with any Restricted Person or Sanctioned Person;

• You must not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services (as that term is defined in the Terms of Service);

• Your access to the Services (a) must not be prohibited by and not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over ATMTA, you, the Services, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); and (b) must not contribute to or facilitate any illegal activity; and

• You must meet all additional eligibility requirements set forth in the applicable Rules.

ATMTA reserves the right to limit or refuse your eligibility to participate in any Promotion for any reason in its sole discretion, including where your participation is prohibited by Applicable Laws. If ATMTA becomes aware of any violation of these Promotion Terms, the applicable Rules or the Terms of Service, ATMTA may elect to, among other things, (i) prohibit you from using the Services; or (ii) withhold, amend, or cancel the benefits or rewards of any Promotion.

3. PROMOTION RULES

3. Promotion Start and End Times. Each Promotion will start and end as described in the applicable Rules (“Promotion Period”). Engaging in any activity before or after the Promotion Period will not result in receiving any benefits or rewards from the Promotion. ATMTA determines in its sole discretion when a Promotion Period is deemed to have started and ended.
4. Promotion Entry and Participation. To participate in a Promotion, during the Promotion Period, subject to eligibility, you must follow the instructions in the applicable Rules. Promotions may be limited to one benefit or reward per person in ATMTA’s sole discretion. To ensure that a Promotion is limited to one benefit or reward per person, ATMTA reserves the right to permit only one person per household IP address, Solana wallet address, email address, or other factors ATMTA decides in its sole discretion. ATMTA reserves the right to disqualify any Promotion entry for any reason in its sole and absolute discretion.
5. Promotion Entry and Participation via Social Media. If the applicable Rules specify that each Promotion entry must be posted on social media (e.g., Twitter, Instagram, Facebook, Tik Tok, Twitch, etc.), the following additional rules will apply to all such Promotions:
   1. If you use multiple social media accounts to enter, you will be ineligible to participate in the Promotion.
   2. Posting the same entry multiple times will not increase chances of winning.
   3. ALTERNATIVE METHOD OF ENTRY: As an alternative to posting your entry on social media, you may mail your Promotion entry, along with your full name, complete address, phone number, and email address to: ATMTA, Inc., 10845 Griffith Peak Dr. Ste. 2, Las Vegas, NV 89135. No mechanically reproduced or photocopied entries will be accepted. Mailing the same entry multiple times will not increase chances of winning. Entries become the property of ATMTA, Inc. and will not be returned.
6. Judging Criteria. The judging criteria of each Promotion will be described in the applicable Rules. Judging criteria and judges will be determined by ATMTA in its sole discretion.
7. Winner Notification. Winners will be determined at the conclusion of a Promotion and will be notified by Discord direct message and/or by email. Winners will be required to provide a valid email address, mailing address, and Solana wallet address, which will be used to fulfill the Promotion benefit or reward and ensure eligibility to receive such benefit or reward. At the discretion of ATMTA, a Winner may be disqualified if not eligible based on the eligibility requirements set forth above. In the event it is determined that a Winner has not complied with these Promotion Terms or the applicable Rules, has failed to execute and return any required documents within the specified time period, has made false statements or a notification is returned as undeliverable, then the winner will be disqualified and at ATMTA’s sole discretion, the entry with the next highest score may then be declared an alternate Winner.
8. Promotion Benefits/Rewards and Approximate Retail Value. The number of winners and any benefits or rewards and their approximate retail value will be outlined in the applicable Rules. Winners will not be entitled to receive any benefit or reward until such Winners have been verified as the Winner by ATMTA. Upon fulfilling delivery of such reward or benefit, ATMTA will be deemed to have awarded the reward or benefit to the Winner, and such Winner assumes full responsibility for the reward or benefit. All reward or benefit details are at ATMTA’s sole discretion. Any rewards or benefits are not redeemable for cash. Substitution or transfer of a reward or benefit by Winner is not permitted. ATMTA reserves the right to substitute a reward or benefit of equal or greater value.

4. PROMOTION ADMINISTRATION

ATMTA hereby reserves the right to amend, modify, suspend, or terminate any Promotion at any time with or without prior notice or consent. ATMTA further reserves the right to amend, withhold, or cancel any Promotion rewards or benefits granted if ATMTA becomes aware of any violation of these Promotion Terms, the applicable Rules or the Terms of Service. Administration of Promotions is at the sole discretion of ATMTA, subject to the Applicable Laws. Any questions relating to eligibility, these Promotion Terms, the applicable Rules, or the Promotion will be resolved at ATMTA’s sole discretion and its decision will be final and binding with respect thereto.

CAUTION: Any attempt to deliberately damage any Service or undermine the legitimate operations of a Promotion is a violation of criminal and civil laws. Should such an attempt be made, ATMTA reserves the right to seek damages to the fullest extent permitted by the law and to disqualify such person’s participation in any Promotion.

5. PRIVACY

By participating in a Promotion, you acknowledge and agree that any personal information that you provide will be maintained in accordance with the Privacy Policy. By participating in a Promotion, you hereby (a) grant to ATMTA the right to use your name, email address, Discord username, and any other information you provide to ATMTA (“Personal Information”) for the purpose of administering the Promotion; (b) grant to ATMTA the right to use your Personal Information for publicity, promotional, marketing and advertising purposes relating to the Promotion, in any and all media now known or hereafter devised, in perpetuity without further compensation, notification, or permission unless prohibited by Applicable Laws; and (c) acknowledge that ATMTA may disclose your Personal Information to its third-party agents and service providers in connection with any of the foregoing activities. ATMTA will use your Personal Information only for the identified purposes and as contemplated in the Privacy Policy.

6. RELEASE

ATMTA and its officers, directors, employees, partners, affiliated companies, subsidiaries, suppliers, distributors, advertising and promotional agencies, agents, representatives, successors, and assigns (collectively, the “Released Parties”) are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete, or delayed Promotion entries, all of which will be void. Released Parties are also not responsible for problems related to technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Promotion entry to be received by ATMTA on account of technical problems, traffic, congestion on the Internet or the Services, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled, or misdirected communications which may limit your ability to participate in a Promotion. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human, or otherwise relating to or in connection with a Promotion, including, without limitation, errors or malfunctions with may occur in connection with the administration of the Promotion, the processing or judging of entries, the announcement of a reward or benefit, or in any Promotion-related materials.

YOU AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN A PROMOTION. YOU AGREE THAT THE RELEASED PARTIES ARE NOT LIABLE FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING FROM PARTICIPATION IN A PROMOTION AND ACCEPTANCE, POSSESSION AND USE OF THE BENEFITS OR REWARD OF A PROMOTION. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PUBLICATION OF THE OFFER OR ADMINISTRATION OF THE PROMOTION OR ANNOUNCEMENT THEREOF.

7. ASSIGNMENT OF RIGHTS

You hereby acknowledge that your Promotion entry and all other materials of every kind whatsoever created by you relating to a Promotion (collectively, the “Work”) are a “work made for hire” (as that term is used in the United States Copyright Act) for ATMTA, and you assign to ATMTA (or, if any applicable law prohibits or restricts such assignment, you hereby grant to ATMTA an irrevocable, perpetual, royalty-free, transferable license of) limited right, title and interest in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised. By submitting a Promotion entry, you acknowledge and agree that ATMTA may obtain many submissions under a Promotion and that such entries may be similar or identical in theme, idea, format or other respects to others submitted under such Promotion and/or other Promotions staged and/or sponsored by ATMTA, and you waive any and all claims you may have had, may have, and/or may have in the future, that any composition, design, video, and/or other works accepted, reviewed and/or used by ATMTA (or its respective designees) may be similar to your Promotion entry. You acknowledge and agree that ATMTA does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Promotion entry.

8. TAXES

You will be solely responsible for all income tax liabilities that arise from or in any way relate to any benefit or reward that ATMTA conveys to you, including income taxes, sales, personal property, use, VAT, excise, withholding, and self-employment taxes. ATMTA has the right to withhold from any amounts payable to you such foreign, federal, state, or local taxes as may be required to be withheld under any Applicable Laws. You must report the value of the benefit or reward you receive from ATMTA.

9. ARBITRATION AND CHOICE OF LAW

Except where prohibited by law, as a condition of participating in any Promotion, you agree that (1) any and all disputes and causes of action arising out of or connected with a Promotion, or any rewards or benefits awarded, shall be resolved individually, without resort to any form of class action lawsuit, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest you; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will you be permitted to obtain rewards or benefits for, and you hereby waive all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with entering a Promotion), and you (or, if an eligible minor, your parent or legal guardian) further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Promotion Terms or the applicable Rules, or the rights and obligations of you and ATMTA in connection with a Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA without regard to New York choice of law rules.