Pixcham International j.s.a.
Terms of Service

Last updated: October 1, 2024

NO PURCHASE IS NECESSARY TO ENTER OR WIN. THE BEST USERS WIN PRIZES BASED ON GAME MODE. NO ELEMENT OF CHANCE.

Welcome to Pixcham!

Please read these Terms fully and carefully before installing and using the Application and its features and content provided by the Company. These Terms set forth the legally binding terms and conditions governing your use of the Application. These Terms apply to all users of the Application, including, without limitation, Challenge Organizers and users who contribute Content.

1. Definitions

Capitalized Terms used in these Terms have the following meaning:

Application means the "Pixcham" application developed and operated by the Company.

1vs1 Battles means a head-to-head game mode that can be played by all eligible Users through the Application.

Company means Pixcham International j.s.a. with its registered office at Námestie svätého Egídia 42/97, 05801 Poprad, Slovak Republic, company identification number: 55007571, hereinafter in these Terms and Conditions referred to as "we", "us" or "our".

Content means all information, data, text, photographs, videos, audio clips, written postings and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made available on or through the Application. Content includes all User Content, Our Content and Third-Party Content.

Contests mean Challenges and 1vs1 Battles and each individually as a Contest.

Challenges means a tournament game mode that can be played by all eligible Users through the Application.

Game Mode is the manner in which the Challenge is played and the winner of the Prize is determined. Please refer to point 10.5 of these Terms for a detailed description.

Challenge Organizer means any User who creates and organizes Challenge in accordance with these Terms.

Licence Fee means the one-time fee payable by the Challenge Organizer to the Company to obtain a license to use the Platform to organize and administer the Challenge. License fee also includes the right to use Pixcham Studio.

Location Based Services have the meaning given to it in Section 8.2. of these Terms.

Our Content means any Content added, created, uploaded, submitted, distributed, or posted by us on the Application..

Points means points earned by a User through participation in 1vs1 Battles, Challenges and/or individual Challenge rounds; a User's overall ranking on the Application is based on the total number of Points earned.

Privacy Policy means the Company's policy on privacy and personal data protection within the Application, the current version of which is published in the Application and on the Website.

Prize Provider means any natural or legal person, other than the User, who provides the Prize(s) for the Challenge and has other rights or obligations under these Terms.

Prize Value means the approximate retail value of the Prize.

Prizes means any cash or non-cash prizes awarded to winners of the Challenge by the Challenge by the Challenge Organizers and/or the Prize Provider.

Winner Documentation means such written or electronic materials as may be necessary, such as identification and receipts, to verify the Winner's eligibility and to properly award the Challenge Prize to the Winner.

Profile has the meaning given to it in Section 4.1. of these Terms.

Selfie means a photograph of the User's full face taken by the User using the Application in the course of a 1vs1 Battle or Challenge by completing a Task.

Tasks shall have the meaning set forth in Section 9 of these Terms.

Terms means these Terms of Service.

Influencer is a person who has a registered profile on the social network Instagram or TikTok, and has more than 5,000 followers on their profile.

Pixcham Influencer is an Influencer who has created and verified an account with the Company on the App.

Dashboard means an online platform available at https://business.pixcham.com/dashboard that provides the Challenge Organizer with insights and tools to track, manage and analyze the Challenge and other relevant activities in one place.

Promo Code means a discount provided by the Company to the Challenge Organizer on the fee for launching the Challenge within the App, credits or other benefits that can subsequently be used by the Challenge Organizer within the App.

Credit is a unit of virtual currency provided by the Company to the Challenge Organizer under pre-determined terms and conditions, which can be redeemed for the purchase of Challenges. These Credits are deducted from the purchase of Challenges.

Follower is a person who follows a Pixcham Influencer and receives updates about the Influencer's posts and activities on the App, Dashboard and/or Website.

Platform is a comprehensive system that includes the App, Dashboard and Website and allows Users, Pixcham Influencers, Challenge Organizers and Third Parties to efficiently manage and use all Pixcham features.

Third-Party Content means any content added, created, uploaded, submitted, distributed or posted to the Application by any third party other than us, a Challenge Organizer or a User.

Third-Party Services has the meaning given to it in section 8.1. of these Terms.

User Content means any content added, created, uploaded, transmitted, distributed or posted on the Application by Users.

Users means the individual user of the Application, also referred to as "you" or "your" in these Terms.

Winner means the User who has achieved one of the winning positions in the Challenge.

Website means our website https://www.pixcham.com.

Community Guidelines means the set of rules and guidelines established by the Company that govern the permitted content, conduct and restrictions for Users, Challenge Organizers and third parties on this Platform.

Pixcham Judge is a mobile application developed and operated by the Company that is used by independent judges to judge competitive selfie submissions in Challenges, non-competitive selfie submissions in 1v1 Battles, or reported selfies that violate these Terms.

Pixcham Studio is a mobile application developed and operated by the Company to provide Challenge Organizers with a tool to live stream between rounds of their Challenges. The application allows Challenge Organizers to easily manage and moderate live streams, which helps to improve participant interaction and engagement within the Challenges.

Live Stream is a form of content distribution via the Pixcham Studio mobile app that allows Challenge organizers to stream content in real time between Challenge rounds.

BANK is a section in the User's profile on the App where the User can view and withdraw his or her Cash Rewards to his or her bank account via the Wise Platform. This section contains all Cash Rewards and the history of transfers to the User's bank account, including information such as the amount of the Cash Reward, the amount of withholding tax and the date the Cash Reward was credited to the BANK. Cash prizes are denominated in Euros.

2. Acceptance of Terms and Eligibility

2.1 By installing and/or using the Application in any way, you acknowledge that:

a) You have read, fully understand and will comply with these Terms, the Privacy Policy and the Community Guidelines published by us through the Application and/or the Website, each of which is incorporated by reference and each of which may be updated by us from time to time without notice to you;

b)You will comply with all applicable local, state and international laws and regulations that may apply to you in connection with your use of the Application;

c) You are capable of entering into a valid contractual relationship with the Company and/or its affiliates;

d) You are not a person who is prohibited from using the Application under the laws of the Slovak Republic or any other applicable jurisdiction, including, without limitation, that you are not on the U.S. Treasury Department's list of Specially Designated Nationals or otherwise subject to similar prohibitions;

e) You are not a convicted sex offender;

f) If you are using the Application on behalf of a business or other entity, you represent that you have the authority to grant all of the licenses set forth in these Terms and to accept these Terms on behalf of such business or entity;

g) You are not a resident of (i) the high risk third countries listed in the Annex to Commission Delegated Regulation (EU) 2016/1675 of July 14, 2016, supplementing Directive (EU) 2015/849 of the European Parliament and of the Council by identifying high risk third countries with strategic deficiencies, as amended, or (ii) Italy.

2.2 Our Services are not intended for children under the age of 16. You must confirm that you meet this age restriction before creating an account and using our Services. If we determine that you are under the age of 16 (or the minimum age permitted in your country to use the Services without parental consent, if higher), we will discontinue providing the Services and delete your account and related information. Some of our services may have additional age restrictions that require you to be even older to use them.

2.3 By installing and/or using the App, you represent and warrant that you are a natural person of the age you indicated when you created your account on the App. We may, in our sole discretion, deny access to the App to any person and may change our eligibility criteria for use of the App at any time. If you are under the age of 18, you may only create an account on the App with the permission of your parent or legal guardian. The Challenge organizer reserves the right to (i) restrict the participation of users under the age of 18 in the Challenge, or (ii) make the participation of a user under the age of 18 in the Challenge subject to the consent of the user's parent or legal guardian.

2.4 You are solely responsible for ensuring that you are authorised to use the App and that these Terms comply with all laws, rules and regulations that apply to you.

2.5 You acknowledge that certain countries/jurisdictions have laws that may prevent you from using the Application and/or may prevent Challenge Organizer from awarding you your Prize. If you are a winner and this is the case in your country/jurisdiction, you acknowledge that you may not be able to receive any prize at all from the Challenge Organizer and/or the Prize Provider. By participating in a Challenge, you acknowledge the risks and understand that you may win but not receive a prize.

2.6 If you are using our Services within your company or other legal entity, you confirm that you have the authority to represent that company or legal entity and agree to these Terms on behalf of that company or legal entity. In this context, all references to "you" and "your" in these Terms include both you as a User and such company or entity.

3. Privacy Policy

3.1 Your privacy is important to us. You can find out how your information is processed when you use our Application in our Privacy Policy.

4. Registration and Use of Profile

4.1 In order to use the Application, we may require you to create, register and log into your user account in the Application (the "Profile"). You may also create and sign in to a Profile by logging in using your Apple Account or email address.

4.2 When registering your profile you will be asked to provide your email address, date of birth and country of residence. In case of winning Prize(s) you may be asked by us to update your profile by filling in your full name and surname, address of residence and telephone contact within 7 days of being notified that you have won Prize(s). If you fail to provide the contact information specified in the previous sentence for delivery of the prize(s), you will be notified to do so again within an additional 7-day period. After this period, you will lose your right to claim the prize(s) if you have not provided the required contact information.

4.3 When registering and maintaining your profile, you must at all times ensure that your details are accurate, complete and up to date. If you provide any information that is untrue, not current or incomplete, or we have reasonable grounds to believe that your information is untrue, not current or incomplete, we may, in our sole discretion, restrict or block your access to the Application and delete your Profile. If your information changes, you should promptly notify us of the change.

4.4 We may ask you to provide further evidence of your identity and age (e.g. a valid photo ID) to verify your identity and to comply with applicable laws and regulations. We reserve the right, in our sole discretion, to refuse to register any person for a Profile. If necessary, we may also ask you to verify your identity through an application or service such as Veriff.

4.5 In creating and using your Profile, you may not: (i) select or use as a user name the name of another person with the intent to impersonate that person; (ii) use as a user name a name that is subject to the rights of any person other than you without proper authorization; or (iii) use as a user name a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activities that occur on your profile and for maintaining the security of your profile password and login information. You may never use another user's profile or registration information for the Application without that user's permission.

4.6 You must notify us immediately of any change in your authorization to use the Application, any breach of security or any unauthorized use of your profile. You should never publish, distribute or post login details for your profile. You have the right to delete your Profile at any time, either directly or by request to any of our employees or affiliates.

4.7 You may only create, maintain, use and control one Profile on the Application. Each Profile on the Application may be owned, maintained, used and controlled by only one person. For the avoidance of doubt, users may not "co-own" profiles on the Application. If we discover that you have opened, maintained, used or controlled more than one Profile, we reserve the right, in addition to any other rights we may have, to suspend or terminate any or all of your Profiles and to terminate, withhold or revoke any Prizes.

4.8 The consent of a parent or guardian is required to participate in any Pixcham Challenge if the User is under the age of 18. This measure helps to protect young Users and ensure that the Application remains a safe and responsible place for all. A User who has not obtained the consent of a parent or legal guardian will not be able to participate in any Challenge on the Pixcham Application.

4.9 To ensure the safety of our users, we will require additional verification procedures if we suspect that false information, including age, has been provided. A User who is under the age required by Challenge, local, federal or other governmental laws will require the consent of a parent or legal guardian. If it is determined that a user has obtained consent by providing false information or without the consent of a parent or legal guardian, we reserve the right not to pay the prize and to terminate the user's account.

4.10 Parental Controls

4.10.1 The Application is equipped with parental controls that allow parents or legal guardians to consent to the creation of a user account on the Application by a child under the age of 16 and to monitor and control their children's activities on the Application. The first step is for the parent to scan the QR code associated with the child's account when it is created. By doing so, the Parent adds the Child to the Parent's account and consents to the creation of the Child's user account and the processing of the Child's personal information when using the Application. Parental Control also provides the parent or legal guardian with the ability to effectively manage and control the child's interactions with the Application and, in particular, to authorize the child's participation in the Challenge.

4.10.2 In addition, the App offers a wide range of Challenges for Children to participate in. The Challenges may be fun, educational, promote healthy lifestyles, or other, but the consent of a parent or guardian is required before a child can participate in a Challenge.

4.10.3 In this way, the App ensures that the Parent has full control over what the Child does within the prompts and that all activities are carried out with the Parent's full consent. Respecting parental consent is key to ensuring children's safety and privacy in the App and to respecting their rights and choices.

4.10.4 In the event that a Child successfully completes the Challenge and wins a prize, the App will require additional verification of the Parent's details to ensure that they are an eligible Parent. The details provided by the Parent when registering with the App must be verified against the details on the Parent's ID card. This ensures the authenticity and security of the winning process.

4.10.5 The security of a child's personal information and privacy is a fundamental priority of the App. To ensure maximum protection, the App complies with all applicable laws regarding the protection of children's personal information. A child's personal information will not be shared with third parties without parental consent.

4.10.6 The parent or legal guardian has full control over the child's account on the Application. He or she has the right to log the Child out of the Application or request that the Child's personal information be removed from the Application's database. This option allows the parent or guardian to effectively control the access and processing of the child's personal information in accordance with their preferences and needs.

5. Security Policy

5.1 We try hard to make Application a safe place for all users. But we can't guarantee it. That's where you come in. By using the Application, you agree to comply at all times with these Terms, including our Community Guidelines and any other guidelines made available by the Company to maintain security, if adopted.

5.2 If you fail to comply with Section 5.1 of these Terms, we reserve the right to remove any offending content, terminate or limit the visibility of your profile and, where appropriate, notify third parties, including law enforcement authorities, and provide such third parties with information relating to your profile. This step may be necessary to protect the safety of all users and others, to investigate, remedy and enforce potential violations of the Terms, and to detect and resolve fraud or security concerns.

5.3 We are also concerned about your physical safety while using Application. Therefore, do not use the Application in a way that distracts you from obeying traffic or safety laws. For example, never use Application while driving. And never put yourself or others in danger just to take a selfie.

6. Rules of Conduct

6.1 You are responsible for all of your activities within the Application. You acknowledge and agree that any violation of these Terms or any applicable law or regulation may result in termination and cancellation of your profile and forfeiture of any prizes. By way of example, when using the Application, you may not take any action (upload, download, post, transmit or otherwise distribute or facilitate the distribution of any Content) that:

a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual conduct, otherwise violates any law or the rights of any third party, or is otherwise inappropriate as determined by us in our sole discretion;

b) infringes any patent, trademark, trade secret, intellectual property, copyright, privacy or other right of any third party;

c) violates any applicable law, regulation, judicial or administrative order, or contractual obligation;

d) is known by you to be false, misleading, untrue or inaccurate, including, but not limited to, uploading an image depicting another person without the required consent;

e) results in the creation or operation of multiple profiles;

f) creates multiple entries in contests by any means, including multiple profiles;

g) enters you in a contest for which you are not eligible, whether through multiple profiles, providing misleading information, masking or altering your IP address, or any other means;

h) constitutes unauthorized or unsolicited advertising, junk or bulk email (spamming);

i) contains software viruses or any other computer code, files, content or programs designed or intended to interrupt, destroy, limit or interfere with the proper functioning of any software, hardware or telecommunications equipment or to damage, interfere with or gain unauthorized access to any system, data, password or other information of ours or any third party; or

j) is designed or intended to harvest another user's password, profile or private information; or

k) promotes or links to affiliate programs, multi-level marketing schemes, sites that reuse existing stories or off-topic content.

7. Content and Licenses

7.1 By submitting your User Content through the Application, you hereby grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid-up, sublicensable and transferable license to use, edit, modify, manipulate, aggregate, reproduce, distribute, prepare derivative works of, display, perform and otherwise fully exploit the User Content in connection with the Application in any media formats and through any media channels (including, without limitation, third party websites and feeds). The foregoing license granted to us does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed to by you and us in writing. You represent and warrant that you have all necessary rights to grant such licenses to us without infringing or violating any third party rights, including, without limitation, any rights of privacy, publicity, copyright, trademark, contract or other intellectual property or proprietary rights.

7.2 By submitting your User Content through the Application in connection with a particular Challenge, you hereby grant to the respective Challenge Organizer a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, manipulate, aggregate, reproduce, distribute, prepare derivative works of, display, perform and otherwise fully exploit the User Content in connection with the Application in any media formats and through any media channels (including, without limitation, third party websites and feeds). The foregoing license granted to the applicable Challenge Organizer does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing between you and the applicable Challenge Organizer. You represent and warrant that you have all necessary rights to grant such licenses to the respective Challenge Organizer without infringing or violating any third party rights, including, without limitation, any rights of privacy, publicity, copyright, trademark, contract or other intellectual property or proprietary rights.

7.3 You hereby acknowledge and agree that the Application (and all of its components) made available to you for your remote use through your Mobile Device is part of our intellectual property and that you are not permitted to adapt, copy, modify, reproduce, store, distribute or otherwise deal with our content and/or third party content without our prior consent to deal with this type of content.

7.4 Subject to these Terms, we grant each User a worldwide, non-exclusive, non-sublicensable, non-transferable license to use (i.e., download and display locally) Content solely for the purposes of using the Application. The use, reproduction, modification, distribution or storage of any Content (other than your User Content) for any purpose other than to use the Application is expressly prohibited without our prior written consent. You may not sell, license, rent or otherwise use or exploit any Content (other than your User Content) for commercial purposes or in any way that infringes the rights of any third party. Upon termination of your profile for any reason, the license is automatically terminated and you have no further rights to dispose of any Content (other than your User Content) in any manner whatsoever.

7.5 You may not modify, decompile, disassemble, create derivative works based on, or otherwise alter the Application and its components, including the source code of the Application. You may not interfere with the Application in any way or attempt to make any changes to the Application and/or any features or components of the Application. You may not enter, access or attempt to enter or access or otherwise bypass the security systems of the Application.

7.6 The Application is provided "as is" and we make no representations or warranties, express or implied, statutory or otherwise, with respect to any Third Party Content or User Content uploaded by other users.

7.7 We do not guarantee that any Content will be made available on the Application. We reserve the right, but are under no obligation, to remove, edit, modify or otherwise tamper with any Content in our sole discretion at any time, without notice to you and for any reason (including, without limitation, if we receive claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached these Terms) or no reason at all, and to remove or block any Content from the Application.

7.8 We do not own and have no intellectual property rights in any third party logos or trademarks provided or otherwise made available on or through the Application, including, without limitation, logos or trademarks displayed on Prizes.

7.9 For the avoidance of doubt, the license granted in paragraphs 7.1 and 7.2 is irrevocable and will not be terminated by your deletion of the Application or your User Content.

7.10 Most of the content on our Services is created by Users, Challenge Organizers and other third parties. Whether such Content is posted or uploaded privately, the User or entity that uploaded the Content is solely responsible for the Content. While the Company reserves the right to review, edit, or remove any Content that appears on the Services, we do not control all of the Content. Accordingly, we cannot and do not guarantee that User Content provided by Users on or through the Services will comply with our Terms of Use, Community Guidelines or any of our other terms, policies or guidelines.

7.11 Users may report User Content created by other users or accounts of other users that violates our Terms of Service, Community Guidelines, or other policies and guidelines.

7.12 We hope that you will understand any decisions we make regarding content or user accounts. However, if you have any complaints or concerns, you can use our complaint form available here. If you wish to make a complaint, you must do so within six months of the relevant decision. Once a complaint is received, we will ensure that it is investigated promptly, in a timely manner and with an emphasis on non-discrimination, care and fairness. If we find that our initial assessment was incorrect, we will adjust our decision. We will promptly inform you of our conclusion and provide you with all available remedies.

7.13 After the end of the Challenge, users have 24 hours to file a complaint. After this time, it will not be possible to submit a complaint. Users can use the app or website to file a complaint, which will direct them to the appropriate form.

8. Third Party and Location Based Services

8.1 The Application may allow you to link to or otherwise access other websites, services or resources provided by third parties, and other websites, services or resources may contain links to or be accessible through the Application (the "Third Party Services"). These Third Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Third Party Services. The inclusion of any such link or access does not imply our endorsement or any association between us and the third-party operators of such Third-Party Services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Services available on or through any such third-party site or resource. You acknowledge that various types of third party advertising content may be displayed to you during your use of the Application.

8.2 Our Application may provide features which are based on the location of users and which may report on the locations of such users as they use the Application (the "Location Based Services"). You may use such Location Based Services at your own discretion and you may choose not to use such Location Based Services by turning off such features. If you use Location Based Services, you agree that we may collect and process information about your location through the Application. For more details about our obligations and your rights with respect to the use of Location Based Services, please see the current version of our Privacy Policy.

9. Selfie Tasks

9.1 A Selfie Task is a task to be completed by a User in the course of Challenges or 1vs1 Battles by taking a selfie or photo (the "Task"). The Application distinguishes between the following Selfie Tasks:

• Selfie with a pose The User must take Selfies during an activity, movement, facial expression or gesture (e.g., smile Selfie, victory hand gesture Selfie, etc.).
• Selfie with an object The User takes selfies with a physical object. (e.g. selfie with book, headphones, etc.)
• Selfie with a drawing / writing The User shall take selfies with a hand-made drawing/writing. (e.g. selfie with a drawing of an apple or with a written slogan "Think positive", etc.) To avoid possible misunderstandings, the drawing/writing may not be displayed on a device or in a picture or photograph.
• Selfie in a location The User shall take selfies in any location of his/her choice. (e.g. Selfie in Central Park in New York City, etc.)
• Selfie with a product The User shall take selfies with a product. (e.g. Selfie with a specific can of soda, etc.)

9.2 Tasks for Challenges are selected only by the Challenge Organizer(s).

9.3 Tasks for a User's 1vs1 Battles may be selected by the opposing User from a random group of Tasks.

9.4 Prior to the start of a round of Challenges or 1vs1 Battles, the Application may display an example or preview of a task similar to the task selected by the Challenge Organizer or the respective Prize Provider.

9.5 Within the Application, the user is entitled to report the other user if:

9.5.1 The task given to such Opposing User is not properly completed.
9.5.2 The face of such Opposing User is not fully visible in the Selfie.
9.5.3 The Selfie has been altered.
9.5.4 The Selfie contains explicit content.
9.5.5 Uses a mobile phone, computer, tablet, or similar device to generate Selfie Tasks.

9.6 Users have 30 seconds to submit a competitive Selfie Task within the Challenge. After this time, the Selfie Task will not be able to be reported.

9.7 Users are prohibited from using cell phones, computers, tablets, or other similar devices to create Selfie Tasks as part of Challenges or 1vs1 Battles and then taking photos with them. However, if the Challenge organizer explicitly sets a Selfie Task that requires the use of such devices, this restriction does not apply and Users may use them to complete that Selfie Task.

10. Challenges and Challenge Organizers

10.1 Subject to compliance with these Terms, the Challenges are open to individual Eligible Users. You may participate in a Challenge by installing or opening the Application on your mobile device, registering or logging into your existing profile and participating in the selected Challenge. We reserve the right to verify your eligibility before, during or after the Challenge.

10.2 The Challenge Organizer will announce Challenges from time to time through the Application. The Challenge Organizer's announcement will specify the type or mode of the Challenge and any specific rules applicable to the Challenge, if any. You may participate in a Challenge while it is live. We and/or the Challenge Organizer reserve the right to cancel the Challenges in our sole discretion at any time and without limitation. Different variations of Challenges may be announced, including, but not limited to, the number of rounds, number of players, duration, round winning criteria, tasks, and the pairing of users for a draw within that particular Challenge.

10.3 The following information about the Challenge will always be visible to the User The timeframe of the Challenge, including the date and exact time (including time zone) when the Challenge starts and ends, the prize pool (all available prizes in the Challenge), the prize value, the number of rounds (all competition rounds in the Challenge, where the start of each round and the time limit for completing each Selfie Challenge is clearly stated), the number of users who have joined the Challenge, the identity of the Challenge organizer, the identity of the prize provider and the minimum and maximum number of users who can enter the Challenge, the exact date and time (including time zone) of the deadline for users to enter the Challenge. Other data and information about the Challenge may also be visible to users. Any image of the Prize depicted in the Application is for illustrative purposes only and neither the Promoter nor we make any representation or warranty that the Prize will be awarded in the same color, shape, size or with the same characteristics as depicted in the image of the Prize in the Application. We reserve the right to postpone the announcement of the winners of the Challenge if necessary for any reason.

10.4 The winners of each round of the Challenge will be determined automatically by the Application based on the application of the round winning criteria specific to a particular game mode as set forth in Section 10.5 of these Terms, in particular your response time (calculated as a period of time starting from the time the task for that round is displayed and ending at the time your image is created).

10.5 The following rules apply to the Challenges as follows:

10.5.1 Game mode KO
a) Users participating in a Challenge will be paired up to compete separately in each round of the Challenge.
b) In each round of the Challenge, Users will be presented with a new task via the Application.
c) Users should create the task-related selfie within the prescribed time period of the round.
d) At the end of the prescribed round time period, the winner(s) of the round will be selected and will be entitled to participate in the next round, and the loser(s) will be eliminated from the Challenge.
e) The winners of the individual duels in each round of the Challenge will be automatically selected by the Application based on the winning criteria - the User's response time (calculated as the time period starting from the moment the task for the respective round is displayed and ending at the moment the User's selfie is taken). In the event of a tie, the winner will be the User who submitted the challenge first.
f) Once a User is eliminated from a Challenge, the User may not participate in that Challenge again.
g) The winners of each round will be paired up to compete in subsequent rounds of the Challenge.
h) After the final round of the Challenge, the winner(s) of the final round may receive a prize from the Challenge organizer. Prizes will be awarded in accordance with these Terms and any specific rules applicable to the Challenge, if such specific rules are announced.

10.5.2 Game mode Duel
a) Users participating in a Challenge will be paired up to compete separately in each round of the Challenge.
b) In each round of the Challenge, Users will be presented with a new task via the Application.
c) Users should upload the task-related selfie within the prescribed round time period.
d) At the end of the prescribed round time period, the winner(s) of each round will be selected and awarded the corresponding number of points.
e) The winners of the individual Duels in each round of the Challenge will be automatically selected by the Application based on the winning criterion - the User's response time (calculated as the time period starting from the moment the task for the respective round is displayed and ending at the moment the User takes the selfie). In case of a tie, the winner will be the user who took part in the challenge earlier.
f) All Users in each round will be paired up to compete in subsequent rounds of the Challenge.
g) The user's ranking in a particular Challenge is based on the total number of points earned in that Challenge - the user with the best Challenge ranking after the final round of the Challenge is the winner of the Challenge.
h) After the final round of the Challenge, the winner(s) may be awarded a prize by the Challenge Organizer and/or the Prize Provider. Prizes will be awarded in accordance with these Terms and any specific rules applicable to the Challenge, if such specific rules are announced.

10.5.3 Game mode Solo
a) Users participating in the Challenge will compete against all other Users participating in the Challenge.
b) In each round of the Challenge, users will be presented with a new task through the application.
c) Users should upload the task related selfie within the prescribed round time period.
d) At the end of the prescribed round time period, the winner(s) of each round will be selected and awarded the appropriate number of points.
e) The winners of each round of the Challenge will be automatically selected by the Application based on the winning criteria - the User's response time (calculated as the time period starting from the moment the task for the respective round is displayed and ending at the moment the User takes the Selfie). In the event of a tie, the winner will be the User who entered the Challenge earlier.
f) Users will continue to compete in the rounds of the Challenge.
g) The User's ranking in a particular Challenge is based on the total number of points earned in that Challenge - the User with the best Challenge ranking after the last round of the Challenge is the winner of the Challenge. In the event of a tie, the User who entered the Challenge will be declared the winner.

10.6 Specific (more detailed) rules applicable to individual Challenges may apply and will be published by the Companyr through the Application. You must comply with the Terms and such specific Challenge rules, if any, in order to be eligible for a potential win and to collect any Prize. Failure to comply with the Terms and/or specific Challenge rules may result in disqualification, termination of your profile, and forfeiture of any prizes awarded. Non-compliance with these Terms and/or specific Challenge rules includes, but is not limited to, falsification of personal information or other forms of your User Content (including photographs), falsification of payment information required to claim a Prize, violation of the terms and conditions of eligible payment methods, including the terms and conditions of any cash rewards payment card, use of unauthorized methods such as unauthorized scripts or other automated means, obtaining other users' information and spamming other users, and any other form of abuse; or violation of these Terms and/or specific Challenge rules.

10.7 Users participate in the Challenges at their own risk. We shall not be liable for (i) failed, returned or misdirected notifications due to inaccurate information provided by the winner in connection with an entry, (ii) entries and responses to winner notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, or due to computer or technical errors of any kind, (iii) any electronic communications or failures that may occur, (iii) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections or garbled or delayed computer transmissions, (iv) any technical malfunction of the Internet network, computer online system, computer or mobile device equipment, software, program malfunctions or other failures, delayed computer transactions or network connections of a human, mechanical or technical nature, or any combination thereof, including any damage to User's or any other person's mobile device in connection with or resulting from downloading the Application or otherwise in connection with the Challenge.

10.8 Challenge Organizers

10.8.1 Any User, whether a natural person or a legal entity, may be a Challenge Organizer.

10.8.2 To become a Challenge Organizer, a User must register in the "Business" section available on the Website. As part of the registration process, we may require you to provide us with your company registration certificate or extract (or similar document issued in your jurisdiction), a VAT registration document, utility bill and such other documents as we deem appropriate to carry out our KYC / AML checks. By applying to become a Challenge Organizer, you represent that:

a) No resolution has been passed to wind you up and no liquidator has been appointed.

b) You are not insolvent and there is no impending insolvency in respect of you under the laws of Slovakia or any other relevant jurisdiction and no insolvency petition has been filed against you with an insolvency court (in each case within the meaning of any applicable insolvency legislation). You are not the subject of any analogous event, proceeding or arrangement under the laws of any applicable jurisdiction.

c) No administrative receiver, administrative manager or other receiver or manager has been appointed by any person in respect of you or all or any of your assets and no steps have been taken to initiate any such appointment. No analogous appointment has been made or commenced under the laws of any applicable jurisdiction.

d) You are not a person involved in any money laundering or terrorist financing scheme, you are in compliance with all anti-money laundering obligations to which you are subject under applicable law, and you are not on the U.S. Treasury Department's list of Specially Designated Nationals or any similar sanctions list. You agree to fully indemnify, defend and hold us harmless from and against any and all claims, costs, liabilities, damages and/or losses (whether direct or indirect) arising out of any of your representations above being untrue or inaccurate.

10.8.3 We reserve the exclusive right to reject any application for registration as a Challenge Organizer without giving any reason.

10.8.4 Once we have approved the registration, the Challenge Organizer can create Challenges through the "Create Challenge" section of the Website. The Challenge Organizer must select the location where the Challenge will be organized and then fill in the required parameters for creating and setting up the Challenge.

10.8.5 We charge the Challenge Organizer a license fee for running the Challenge on the App. The exact amount of the license fee will be determined prior to the completion of the Challenge creation process. The fee must be paid by the Challenge Organizer on our website using the Stripe payment processing platform. Failure to pay the fee means that the creation of the Challenge will not be completed and the Challenge will not be launched within the App. Upon payment of the License Fee, an invoice will be automatically generated and sent to the Challenge Organizer at the email address provided by the Challenge Organizer during registration. By paying the Challenge License Fee, the Challenge Organizer obtains the right to use a license that allows access to the Content and all features of the Platform related to the Challenge. This license. Gives the Challenge Organizer the right to use the Content and features of the Platform subject to the terms and restrictions set forth in our Terms of Use. The license fee includes the right to use the Pixcham Studio application.

10.8.6 If the Challenge Organizer plans to award a cash prize to the winners, we require that this amount be paid in advance. The App Users' prize money will be expressed in Euros. The amount of the prize is determined by the rules and conditions of the contest. If a user wins a cash prize, it will be credited to his or her BANK profile.

10.8.7 The Challenge organizer is fully responsible for ensuring that the Challenge is created in accordance with these Terms and Community guidelines. Challenge bears full responsibility towards other users participating in the Challenge for adhering to the rules announced for such Challenge.

10.8.8 A Challenge Organizer may not participate in a Challenge as a User. This restriction also applies to their family members and associated persons.

10.8.9 Challenge Organizer is responsible for awarding the Prize once the conditions for awarding the Prize have been met. This responsibility cannot be transferred to the Prize Provider, even if the Challenge Organizer agrees with the Prize Provider that the Prize Provider will perform the Prize award. We will provide the Challenge Organizer with all necessary information collected from the User in order to carry out the Prize award, in particular the necessary identification data of the User. By providing us with this information in accordance with Section 4.2, you agree and acknowledge that such transfer of your data will occur.

10.8.10 We facilitate the operation of the Challenge and provide technical support to the Challenge Organizer. However, we will not interfere with the operation of the Challenge. This does not prevent us from taking any necessary action if the Challenge Organizer violates these Terms and Conditions in the operation of the Challenge.

10.8.11 We may provide any additional services enabled by any of the Application's functionalities to the Challenge Organizer for the operation of the Challenge. Such services are always subject to individual agreement between us and Challenge Organizer.

10.8.12 The Challenge Organizer agrees to indemnify us for any breach of these Terms or applicable laws in organizing the Challenge caused by its intentional action. Failure to award a prize to a winning User when the conditions for awarding the prize have been met and the User has not forfeited his or her right to the prize is also considered an intentional breach of these Rules. Section 12.1 applies mutatis mutandis to the scope of this indemnification.

10.8.13 The Challenge Organizer has the right to regulate the Advertising Content in the Application that may be displayed to the User while participating in the Challenge. Challenge Organizer bears full responsibility for such Advertising Content, which must always comply with the rules set forth in these Terms and applicable laws. In particular, such promotional content may not:

a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, abusive, profane, contains or depicts nudity or sexual conduct, otherwise violates any law or the rights of any third party, or is otherwise inappropriate;

b) infringes any patent, trademark, trade secret, copyright, privacy or other right of any third party; or

c) violate any applicable law, regulation, judicial or administrative order or contractual obligation.

10.8.14 The Challenge Organizer is fully responsible for compliance with all applicable national, state and international laws and regulations, including general mandatory consumer protection standards and general mandatory advertising standards in each jurisdiction in which the Challenge is organized, as may be applicable to the organization of the Challenge through the App.

10.8.15 The Challenge Organizer will provide Users with an email contact to which they can send questions about the Challenge. The Challenge Organizer will respond to such questions within a reasonable period of time, not to exceed 48 hours from the date of receipt of the question, in order to ensure the smooth running of the Challenge and to provide Users with the necessary support.

10.8.16 The Challenge Organizer is fully aware that the Company does not guarantee a specific maximum number of Users as specified in the Dashboard when the Challenge is created. The Challenge Organizer acknowledges that we are not responsible for any fluctuations in the number of registered Users and for any failure to reach the stated limit of registered Users.

10.8.17 The Challenge Organizer will send a PDF confirmation of each prize to the winner's email address within 7 calendar days of the end of the Challenge.

10.9 Judging

10.9.1 The Company will have independent judges who will be responsible for judging the Selfie Contest entries and ensuring that the terms and conditions of the Contest are adhered to. They are also required to maintain the confidentiality of the Competition photographs and information relating to the 1vs1 Battles and Challenges.

10.9.2 The judges are responsible for evaluating the completion of the Contest Selfie tasks in Challenges or 1vs1 Battles and deciding whether the tasks submitted by contestants have been completed in accordance with the requirements and rules of the Contest.

10.9.3 Judges are independent individuals who have no information about the other Judges, nor do they know which Competition Selfie Task is associated with a particular Challenge.

10.9.4 For Challenges, a Selfie task must be approved by two judges from a group of three or more judges. In the event of a disagreement between two judges, the final decision will be based on the opinion of the third judge. The results of these decisions are final and no appeals or changes will be allowed. In the event of a violation of these rules, the Company reserves the right to disqualify the arbitrator from the arbitration. In this way, the Company will ensure the objectivity and independence of the decision-making process.

10.10 Promo Code

10.10.1 The Company may, in its sole discretion, provide a Promo Code to the Challenge Organizer on such terms and conditions as it deems appropriate. The use of the Promo Code may be subject to such terms and conditions as the Company may determine and which will be communicated at the time the Promo Code is made available. These Promo Codes are for the sole purpose of obtaining discounts on the purchase of Challenges on Dashboard.

10.10.2 Use of the Promotional Code may be subject to specific terms and conditions set forth at the time the Promotional Code is distributed, including limitations on the number of times the Promotional Code may be used, the period of validity of the Promotional Code, and geographic restrictions.

10.10.3 The Company reserves the right to cancel, limit or modify the Promo Code and its benefits at any time without prior notice.

10.11 Credit

10.11.1 Credit is a unit of virtual currency, expressed in EUR, intended exclusively for an Influencer who has created an account on the App as a Pixcham Influencer and has been verified by the Company. Such Credits shall be used exclusively to reduce the price of the purchase of a Challenge. Credits will be added to the Challenge Organizer's account in the Dashboard. A Pixcham Influencer must have a Company Verified Account in order to earn and redeem Credits.

10.11.2 The Pixcham Influencer has the opportunity to earn credits in two different ways. The first way is based on the number of users who have downloaded the Pixcham App through the unique referral link available in the Pixcham Influencer's profile. The second way is based on the number of new followers of their profile in the app.

10.11.3 Pixcham Influencer will be credited with 5 EUR in his Dashboard account for each new user who downloads the application through his referral link and actively participates in at least 3 Challenges. The Pixcham Influencer will be credited with EUR 0.5 in his/her Dashboard account for each new Follower who actively follows the Pixcham Influencer's profile and actively participates in at least 3 Challenges.

10.11.4 Credits are not transferable to another person or to the Challenge organizer, which means that they cannot be shared with any other person or entity. Credits are not redeemable for cash, which means that credits earned cannot be exchanged for cash.

10.11.5 Credits are valid for up to 18 months from the date they are earned. If you do not make any Challenge purchases during this period, credits will automatically expire 18 months after they were earned.

10.11.6 In order to obtain verification of an Influencer's Pixcham profile, the Influencer must publish and share 3 posts related to our App on his or her Instagram or TikTok social network, following the guidelines established by the Company and sent to him or her via email. In this way, the Company verifies the authenticity of the Influencer's profile on the Instagram or TikTok social networks and ensures that the Influencer has fulfilled all the necessary conditions to become a verified Pixcham Influencer.

10.11.7 The Company also reserves the right to reject a Pixcham Influencer's profile without giving any reason. This right serves to ensure compliance with the established terms and conditions and policies for profile verification and may be exercised in the event that the Company becomes aware of any non-compliance with these terms and conditions or any violation of the policies that may affect the integrity or credibility of the Pixcham Influencer. In the event of a profile rejection, the Influencer will be notified and will not be entitled to any credits or other benefits associated with the verified status.

10.11.8 The Challenge Organizer will always pay a minimum amount of 5 EUR excluding VAT at the time of payment after using Credits. For example: the Challenge Organizer has 600 EUR in Credits on his Dashboard and the final price of his Challenge is 500 EUR excluding VAT. In this case, the maximum number of Credits that can be deducted is 495 EUR because 5 EUR excluding VAT is the minimum fee that the Challenge Organizer must pay after all Credits and Promo Codes have been deducted.

10.11.9 The process of creating an account for a Pixcham Influencer can be defined in detail as follows:

a) Download the Pixcham iOS or Android app

b) Create a profile

c) Go to your profile in the app

d) Click on the "Become an Influencer" option

e) Paste the link to your Instagram or TikTok social profile into the appropriate box in the app. Before inserting a link to your social profile, make sure that you have met all the requirements, including the minimum number of 5,000 followers on Instagram or TikTok

f) The Company will email you content and instructions to share on your Instagram or TikTok social networks

g) If the Company approves your account, you will be notified via email

By following this process, you can become a Pixcham Influencer and gain access to benefits such as credits and other perks.

10.11.10 The Company reserves the right to terminate or suspend your participation in the Program, or any unused credits you may have earned, for any reason, including but not limited to fraud, abuse of rewards privileges, violation of these Terms and Conditions, violation of the Community guidelines, or at our sole discretion.

10.11.11 To the fullest extent permitted by applicable law, the Company assumes no responsibility for any technical problems or technical failures that may occur in connection with any of the following events that may affect the operation of the Credits and/or the Site.

10.11.12 The Pixcham Influencer logs in to the Dashboard with the same email and password they entered when creating their profile in the App. After logging in to the Dashboard for the first time, he/she will be asked to fill in important identification and billing information.

10.12 Reservation on Promotion, Sponsorship, Administration and Linking of Challenges

10.12.1 The Challenge(s) is not sponsored by, endorsed by, administered by, or associated with Apple Inc., ByteDance Ltd., Google LLC, Twitter, Inc. or Meta Platforms, Inc. in any manner whatsoever.

11. 1vs1 Battles

11.1 Subject to compliance with these Terms, the 1vs1 Battles are open to individual Users. You may enter the 1vs1 Battle after installing or opening the Application on your mobile device, registering or logging into your existing profile and initiating or joining the 1vs1 Battle. We reserve the right to verify your eligibility before, during, or after the 1vs1 Battle.

11.2 The winners of the 1vs1 Battles (or individual rounds of the 1vs1 Battle, if the 1vs1 Battle is played in several rounds) will be determined automatically by the Application on the basis of the points obtained by the User in the 1vs1 Battle, which will be awarded according to the User's response time (calculated as the period starting from the moment when the task for the respective round is displayed and ending with the uploading of your photo). In case of a tie, no winner will be chosen. Tasks are selected by the User who initiates the 1vs1 Battle and may relate to physical objects, abstract poses or gestures, locations, drawings and/or sounds.

11.3 You will be penalized if you cheat in the 1vs1 Battle or Challenge. The user starts with 100% of the Fair Play bonus. If (i) you cheat in a 1vs1 Battle or Challenge, or (ii) you report another player for cheating without justification, your Fair Play bonus will be temporarily reduced. If you lose your entire Fair Play bonus, you will be banned from 1vs1 Battles and Challenges until your Fair Play bonus is restored.

11.4 The following rules apply to the 1vs1 Battles:

a) Users can individually select (invite) another user to the 1vs1 Battle, or their 1vs1 Battle opponent will be randomly selected and assigned by the application.
b) In each round of the 1vs1 Battle, one User will select a new Task for the other User from the randomly selected group of Tasks.
c) Users can upload the task related selfie within the prescribed round time.
d) The winner of the 1vs1 Battle will be determined at the end of the prescribed round time period.
e) The winner of a single round in each round of a 1vs1 Battle will be automatically selected by the Application based on the winning criteria - User's response time (calculated as the time period starting from the moment the task for the respective round is displayed and ending at the moment the User takes the Selfie). In case of a tie, none of the Users participating in that round will be declared the winner.
f) If the 1vs1 Battle consists of several rounds, the winner of the 1vs1 Battle will be determined on the basis of the 1vs1 Battle rounds won by the respective User.

12. Prizes

12.1 Users can view a summary of all prizes they have won in their profile in the Application. Monetary and non-monetary prizes are displayed and managed in the Prizes section of the User's profile. Cash prizes are displayed and managed in the BANK section of the User's profile. This section displays information on recent transactions, account balance and available funds. The winner(s) can also transfer the prize money to their bank account through the Wise platform. The Company reserves the right to deduct any fees associated with the transfer of prize money.

12.2 The payment of a Cash Prize shall be deemed to have taken place when the amount corresponding to the Cash Prize has been successfully credited to the User's BANK within the Application. This date of crediting of the Cash Prize shall also be considered as the official date of payment of the Prize in order to ensure that this timeframe is clearly interpreted and binding for all parties involved.

12.3 The User agrees that the Cash prize(s) will be paid only after taxation in accordance with applicable tax laws and regulations. The Challenge Organizer reserves the right to tax the relevant prizes in accordance with the law and its obligations, and only the prize or part of the prize may be paid if the amount exceeds the amount of the fees associated with the transfer of the prize money in force at the time of the payment of the prize. The processing fee for the prize money will not be disclosed until the prize is paid and will be listed in the App Profile under "BANK". Please note that the amount of the fee may depend on the amount of the cash prize and applicable local regulations. The fee information will be transparent and clearly displayed prior to the actual payment of the Prize. Your acceptance of this fee is required to complete the prize payout process.

12.4 The potential Winner will be contacted by the Challenge Organizer or Prize Provider at the current email address provided in his or her profile and may collect the prize(s), subject to confirmation of eligibility and compliance with all relevant terms and conditions. The potential winner must respond to the potential winner notification email within 96 hours of it being sent (or within the time period specified in the potential winner notification email if longer than 96 hours). The Challenge Sponsor reserves the right to contact the potential winner by telephone after the potential winner notification email has been sent. If the potential winner does not respond to the notification email within the specified time period, the potential winner may be disqualified and forfeit any prize(s), and the Challenge Sponsor reserves the right to make further use of the prize(s).

12.5 In the case of major cash or non-cash prizes, you may be contacted directly by the Challenge organizer or prize provider to arrange a time and method for collecting the prize. You also agree to take the initiative to determine whether you have won a prize at the end of each Challenge in which you participate.

12.6 If the Challenge Organizer and/or the Prize Provider determines that it cannot deliver a Prize to you in a timely manner for any reason, including but not limited to legal restrictions, force majeure, construction failure or any other reason, you may agree with the Challenge Organizer that you will instead receive a monetary amount equal to the prize value associated with that Prize. In the event that a cash prize is awarded, no other prizes or compensation of any kind will be awarded.

12.7 The Prize is not transferable or assignable to any third party and no refunds will be made except as provided in Section 12.6 of these Terms. In addition, if the Prize cannot be claimed or delivered to the Winner as a result of any applicable law, rule or regulation, or if the Winner is unable to claim the Prize for any reason, the Promoter of the Challenge (the "Challenge") reserves the right not to award the Prize at all. The winner is solely responsible for complying with all applicable international and/or domestic tax and customs laws and regulations and for paying any taxes, duties or similar payments or deductions on the prize.

12.8 The Winner is responsible for communicating with the Company, the Challenge Organizer or the Prize Provider and providing accurate contact details to ensure delivery of the prize. The Company, the Challenge organizer or the prize provider(s) will make every effort to contact the Winner to agree the terms and conditions for claiming the prize.

12.9 Material prizes are provided without warranty. The Challenge organizer will make every effort to ensure that the prizes are delivered in the best possible condition and that reasonable precautions are taken to protect them in transit. Upon receipt of the prize, the user is responsible for checking its condition. If any damage or discrepancies with the description are found, the User must notify the Challenge Organizer by email within 24 hours.

12.10 The Challenge Organizer is responsible for sending the prizes to the winners who have met all the requirements. The Challenge Organizer will take all necessary steps to deliver the prizes within the specified timeframe and in accordance with these Terms and Conditions and applicable law.

12.11 Any import duties, registration fees or other taxes associated with the prize are the sole responsibility of the user.

12.12 The Company will only confirm a potential Winner's eligibility to receive the prize(s) after completing the verification process and ensuring that the potential winner has complied with all terms and conditions. The potential winner must be willing and able to accept the prize(s) within the specified time period. The Challenge Organizer will confirm and verify potential winners as it deems appropriate. To be eligible to win, potential winners must comply with all terms and conditions set forth in these Official Rules and meet all eligibility requirements.

12.13 In order to be eligible for the prize(s) and to confirm and verify the winner, the potential winner must accurately complete and submit any required statutory declarations or documentation. This may include health and safety forms, such as vaccination certificates, in a format determined by the Challenge Organizer in its sole discretion, and must be submitted in a timely manner. The Winner must complete the Winner Documentation accurately and submit it by the specified date. Failure to do so may result in disqualification and forfeiture of any prize(s).

12.14 The Challenge Organizer reserves the right, at its sole discretion, to conduct a background or security check on a potential winner. The potential winner agrees to sign any documents required for such checks. The Challenge Organizer will always conduct such checks in accordance with the Company's Privacy Policy. The Challenge Organizer reserves the right to disqualify any potential winner based on the results of a background check if the Challenge Organizer reasonably believes that awarding the prize(s) to such potential winner may have a negative impact on the Challenge Organizer, its affiliates, or any third party. The Challenge Organizer is not required to disclose the specific results of any background or security check to any potential winner, even if disqualification occurs. Disqualifying factors may include conviction of a felony or misdemeanor, or failure to make a government-mandated payment. If requested, the potential winner must provide authorization and complete any necessary forms to facilitate a background check or security screening. Failure to sign and return the required documentation by the deadline may result in disqualification and forfeiture of any prize(s). Potential winners may not be disqualified on the basis of race, religion, gender identity, sexual orientation, marital status, pregnancy and maternity or any other protected characteristic.

12.15 For prizes that include a car or other vehicle, the winner is responsible for any additional equipment or accessories not specified in the prize description or these Terms and Conditions. The winner is also responsible for insurance, fuel, vehicle maintenance, and all other fees and expenses associated with acceptance and use of the vehicle associated with the prize in the Challenge. If the prize is a lease of a vehicle, the winner must comply with the standard terms of the applicable lease agreement. The winner will also be responsible for excessive wear and tear and mileage in excess of the mileage specified in the lease agreement for each additional mile or kilometer. The Company, the Challenge organizer (Challenge), the prize provider and the vehicle manufacturer are not responsible for any warranty, representation or guarantee, express or implied, in fact or in law, regarding the prize vehicle, including but not limited to its quality, mechanical condition or fitness. However, they are responsible for any warranties that cannot be excluded under applicable law. Notwithstanding the foregoing, the prize vehicle may be covered by the vehicle manufacturer's standard limited warranty as set forth in the vehicle owner's manual. The winning vehicle does not have to be exactly the same as the one shown in the application, but it must have similar specifications. The Challenge Organizer (Challenges) will determine, in its sole discretion, the interior and exterior colors of the vehicle. The winner may be required to show valid insurance and driver's license before taking possession of the vehicle. The winner must pick up the vehicle at a time and place designated by the Company, the Challenge organizer and/or the prize provider. The Company, Challenge Organizer and/or Prize Provider reserve the right to delay delivery of the vehicle or substitute a similar vehicle of equal or greater value if the vehicle described is unavailable for any reason.

12.16 For all travel prizes, you must travel on the dates and itinerary specified by the Challenge organizer. Lost or stolen tickets, travel vouchers, certificates, or similar items will not be replaced. Winner is solely responsible for all expenses not specified in the Experience Rules, including change fees, checked baggage fees, meals, tips, transfers and ground transportation. If the prize specifies specific dates and the winner is unable to travel on those dates, the prize will be forfeited. In this case, an alternate winner will be selected by a verifiable random drawing from all remaining eligible winners. The forfeited winner will not be entitled to any replacement prize or compensation. Winner is responsible for obtaining all necessary travel documents and identification, including but not limited to passports or visas, and meeting all entry requirements for the destination. If the winner's location is close enough to the destination, the Challenge Sponsor may, at its sole discretion, provide ground transportation in lieu of air transportation.

12.17 Prices that include Event attendance are subject to availability. If an Event is postponed or rescheduled, tickets to the postponed or rescheduled Event may be made available at the discretion of the Challenge Organizer. If an Event is canceled, any remaining prize will be awarded without a scheduled Event or may be substituted by the Challenge Organizer, in its sole discretion, with a prize of equal or greater value.

12.18 Prizes that include a personal meet and greet are subject to the availability of the person(s) involved. If a meet and greet cannot be arranged, the Challenge Sponsor reserves the right to substitute an alternative prize of equal or greater value at its sole discretion. If an alternative date is available, an alternate meet or greet may be offered. Otherwise, if the original meet or greet cannot be held, the Challenge Organizer may, in its sole discretion, substitute the prize in some other manner. The Challenge Organizer may require the winner to undergo a medical examination prior to participating in the event or meet and greet. The Challenge Organizer may refuse to allow any winner to participate in the event if the person is deemed to be unfit, unsafe, or acting in an unsafe manner. In addition, participation may be denied if the individual does not meet the requirements of that component of the Event, such as height/weight, age or ability requirements, vaccination requirements, or if the entrant's health is not suitable. The Challenge Organizer reserves the right to refuse participation for any other reason as determined by the Challenge Organizer in its reasonable discretion. If the potential winner is unable to receive the original prize, the potential winner may be offered cash or another alternative prize. If no alternative prize is available, the potential winner may be disqualified.

12.19 A user, potential winner or winner may be disqualified or ineligible to receive the prize(s) for the following reasons:

a) Failure to meet any of the eligibility requirements set forth in these Terms of Service,

b) Failure to comply with these Terms of Service and the Privacy Notice,

c) Failure to provide a valid email address at the time of registration,

d) Failure to respond promptly to the potential winner's notification email,

e) If the potential winner cannot be contacted within 96 hours of notification or if their identity cannot be verified within 7 business days of the draw, the Company, Challenge,

f) Organizer and/or Prize Provider may disqualify them.

g) Failure to complete winner documentation, background check and security check documents in a timely manner;

h) Failure to complete the background and security checks to the satisfaction of the Challenge Organizer;

i) Providing false, incomplete, or misleading information to the Company, the Challenge Organizer, the Prize Provider, or any other partner of the Challenge Organizer.

j) Engage in any fraudulent or deceptive conduct in connection with your use of the Application, the Website, or your relationship with the Challenge Organizer.

k) Threaten, abuse, or harass the Company, the Challenge Organizer, the Prize Provider, or any of their employees at any time before or during the Challenge.

l) Failure to collect the prize(s) in a timely manner for any reason, including, but not limited to, inability to travel to the location where the prize(s) will be fulfilled and/or delivered, injury, or death.

m) In the event that circumstances beyond the control of the Company, the Challenge Organizer and/or the Prize Provider, including but not limited to legal restrictions, force majeure, natural disasters, pandemics/epidemics, terrorism and/or weather, prevent the timely awarding or fulfillment of the prize(s), the Company, the Challenge Organizer and/or the Prize Provider shall not be held liable.

12.20 The Challenge Organizer has the right to determine the method of delivery of the Prize(s), which may include gift cards, discount vouchers or other means, at its sole discretion. The method of delivery may include electronic transmission, such as email, or physical delivery to the winner's home address as provided in the application. The Challenge Organizer has the final say in this matter.

12.21 If the Winner chooses to reject any or all of the Prize(s) or fails to accept delivery of the Prize(s) within a reasonable time, the Winner shall not be entitled to any alternative Prize(s) or compensation of any kind. The Company or the Challenge Organizer shall have no obligation to award the refused or unclaimed portion of the Prize(s) to an alternate winner.

12.22 The Challenge Organizer is required to indicate on the Dashboard when creating Challenges whether the Prizes are sponsored and associated with manufacturers, or are not sponsored and associated with manufacturers, or are partially sponsored and associated with manufacturers. The names and logos of the prizes are trademarks and property of the manufacturer of the prize(s) and the actual prizes awarded may not be identical to those displayed in the App and are intended to be representative only.

12.23 The Challenge Organizer reserves the right to require the winner(s) to participate in any reasonable publicity required by the Challenge Organizer. If a potential winner fails to comply with these requirements, they may be disqualified and forfeit their entitlement to the relevant prize.

13. Indemnification and Limitation of Liability

13.1 You agree to indemnify and hold us (and each of our respective employees, contractors, directors, suppliers and agents) harmless from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related to your misuse of or access to the Application and Content, your violation of these Terms and/or the Privacy Policy, or your or any third party's use of your profile or identity on the Application, including without limitation, any infringement of any intellectual property or other proprietary right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

13.2 To the fullest extent permitted by law, in no event shall we (or our directors, shareholders, employees, contractors, suppliers or agents) be liable for (i) any direct or indirect loss or damage, including loss of profits, arising out of your use of the Application, (ii) any physical or mental injury caused by your use of the Application, (iii) any fraudulent or criminal activity by any third party in connection with the Application, or (iv) any loss of data, bugs, viruses, Trojan horses or the like (regardless of their source) affecting your mobile device. In no event shall the Company's aggregate liability for all claims relating to the use of the Application exceed EUR 100.

14. Disclaimer of Warranties

14.1 The Application is provided "as is" and "as available" and to the extent permitted by law, without warranties of any kind, either express or implied, including, without limitation, implied warranties, conditions or other terms of (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement or (ii) arising from a course of dealing. In addition, while we strive to provide a good user experience, we do not represent or warrant that (a) the Application will always be secure, error-free or timely; (b) the Application will always function without delay, interruption or error; or (c) any content or information you obtain through the Application will be timely or accurate.

14.2 All third party names and trademarks are the property of their respective owners.

14.3 The User is responsible for any mobile phone charges incurred in using the Application, including but not limited to data charges.

14.4 If the law of the country in which you live does not allow the exclusions of liability provided in this clause, these exclusions shall not apply.

14.5 To the fullest extent permitted by law, we take no responsibility and assume no liability for any Content that any User creates, uploads, posts, sends, receives, displays or stores on or through the Application and you understand and agree that you may be exposed to Content that may be offensive, illegal, misleading or otherwise inappropriate, for which we shall have no responsibility. This does not exclude any responsibility we may have to remove such content.

15. Data Charges

15.1 You are responsible for any data charges you incur in using the Application. This includes data charges and charges for messaging such as SMS, MMS or other messaging protocols or technologies. If you are unsure what these charges may be, you should check with your service provider before using the App.

16. Communication

16.1 We and/or the Challenge Organizer and/or the Prize Provider will communicate with you via the Application or via the contact details you provide to us.

16.2 You are responsible for keeping any contact details you provide to us up to date. Any obligation on us and/or Challenge Organizer and/or Prize Provider to notify you of any matter under these Terms will be validly discharged if notification is made to the email address or other contact details you have provided to us.

16.3 You are solely responsible for checking your email spam folder. Any email sent to you under these Terms shall be deemed to have been delivered even if it is placed in your spam folder.

17. Force Majeure

17. 1 If we fail or are delayed in the performance of any obligation under these Terms due to the occurrence of events of any nature whatsoever which are beyond our control, including but not limited to an act of God, changes in applicable laws or regulations, disruption of third party services, action or inaction by any governmental, civil or military authority, court order, act of terrorism, lightning or fire, strike, lockout or other labor dispute, flood, drought, war, riot, theft, transmission or system failure, failure or interruption in the provision of telecommunications or broadband services, failure or shortage of power supplies or equipment, inclement weather, earthquakes and natural disasters, such failure or delay shall not constitute a breach of these Terms by us.

18. Modification of Terms or Application and Termination

18.1 We reserve the right to amend, update and modify these Terms at any time. We will provide you with advance notice of any such amendment, update or modification. Your continued use of the Application following such notice and implementation of such amendment, update and modification will be deemed to be your agreement to be bound by such amended, updated and/or modified Terms.

18.2 We are constantly improving the Application. This means that we may add or remove features, products or functionality and we may also suspend or discontinue the Application altogether.

18.3 You may terminate these Terms at any time and for any reason by deleting your profile and/or Application.

18.4 We reserve the right to seek all remedies available to us under applicable law in respect of any breach of these Terms. We may terminate or temporarily suspend your access to a Profile if you breach these Terms, our Community Guidelines, if any, or the law, for any reason and without prior notice. This means that you will not be able to access your profile or use the Application in any way. And while we will try to give you reasonable notice, we cannot guarantee that notice will be possible in all circumstances.

18.5 We may terminate your profile for prolonged inactivity of at least 1 year. We will always notify you before such termination.

18.6 If your profile is terminated, we may reclaim your username at any time for any reason, unless the termination is temporary.

19. Dispute Resolution and Arbitration

19.1 If you have a concern, let's talk about it. Please contact us first and we will do our best to resolve the issue.

19.2 Some of our services may have additional terms and conditions that contain dispute resolution provisions specific to that service or your country of residence.

19.3 If any provision of these Terms is found by a court or regulatory authority of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, that provision shall, to that extent, be severed from the remaining provisions which shall remain valid and enforceable to the fullest extent permitted by applicable law.

19.4 These Terms are governed by the laws of the Slovak Republic. All disputes arising out of or in connection with the use of the Application and these Terms shall be finally settled under the Rules of Arbitration of the Vienna International Arbitral Center (VIAC) of the Austrian Federal Economic Chamber (the "Rules") by one arbitrator appointed in accordance with the said Rules. The language of arbitration shall be English and the place of arbitration shall be Vienna.

19.5 The arbitration clause in Section 19.4 does not prevent the User, who is a consumer under applicable law, from seeking redress before the Slovak courts or through alternative dispute resolution mechanisms available to consumers, such as the online dispute resolution platform accessible here: http://ec.europa.eu/consumers/odr.

20. Final Terms

20.1 These Terms do not create any rights in any third party. Our failure to enforce any provision of these Terms will not be deemed a waiver of the right to enforce it in the future. We reserve the right to assign our rights under these Terms and to provide the Services through another entity provided that such entity complies with these Terms. You may not transfer any of your rights or obligations under these Terms without our prior consent. We reserve all rights not expressly granted to you. The summary sections of these Terms are for your convenience only; we encourage you to read the entire Terms to fully understand your rights and obligations.

21. Contact Us

21.1 The Company welcomes your comments, questions, concerns, or suggestions. You can contact us or get assistance at legal@pixcham.com.